DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “head-mounted module”, “signal control module”, “image capturing module”, “wireless “transmission module”, “information providing module”, “power supply module”, “electrical connector module”. “biometric module”, “near-end information providing module” and “a remote information providing module”, in claims 1-10.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Krueger, Pub. No.: US 2022/0133212 A1 (Hereinafter “Krueger”).
Regarding Claim 1, Krueger discloses a physiological state detection device applied to a head-mounted device (see abstract), comprising:
a head-mounted module (see figs. 2, 3, 5, 7A-7B and 8: head-worn device);
a signal control module disposed inside the head-mounted module (see figs. 2, 3, 5, 7A-7B and 8: central processing unit 418);
an image capturing module disposed inside the head-mounted module and electrically connected to the signal control module (see figs. 2, 3, 5, 7A-7B and 8: camera 406 in communication with central processing unit 418);
a wireless transmission module disposed inside the head-mounted module and electrically connected to the signal control module (see figs. 2, 3, 5, 7A-7B and 8: The interface and/or communications unit 422 in communication with central processing unit 418);
an information providing module disposed inside the head-mounted module and electrically connected to the signal control module (see figs. 2, 3, 5, 7A-7B and 8: display interface 416 in communication with central processing unit 418); and
a power supply module disposed inside the head-mounted module and electrically connected to the signal control module (see fig.2 and paragraph [0195]: the electronic module 410 can be a battery, a battery charge level indicator, and a power management module);
wherein, when the image capturing module is optionally configured to be used, the image capturing module is allowed to be configured through the signal control module to continuously or discontinuously capture a plurality of eye images of a user wearing the head-mounted device within a predetermined period, thereby obtaining a plurality of eye image signals respectively corresponding to the eye images of the user (see paragraph [0227]);
wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to transmit the eye image signals to an information processing system, thereby obtaining a physiological state signal corresponding to the eye image signals (see paragraphs [0223], [0422] and [0540]);
wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to receive the physiological state signal that is obtained through processing by the information processing system (see paragraphs [0223], [0422] and [0540]);
wherein, when the information providing module is optionally configured to be used, the information providing module is allowed to be configured through the signal control module to present the physiological state signal for reference by relevant personnel (see paragraphs [0243]-[0244]);
wherein, when the power supply module is optionally configured to be used, the power supply module is allowed to be configured through the signal control module to supply power to the signal control module, the image capturing module, the wireless transmission module and the information providing module (see paragraph [0195]);
wherein each of the eye images of the user includes at least one scleral image with microvascular characteristics or at least one eyelid image with microvascular characteristics (see abstract, paragraphs [0185] and [0508]).
Regarding Claim 2, Krueger discloses a physiological state detection device applied to a head-mounted device as discussed in the rejection of claim 1. Krueger further discloses the physiological state detection device further comprises an electrical connector module disposed inside the head-mounted module and electrically connected to the signal control module; wherein, when the electrical connector module is optionally configured to be used, the electrical connector module is allowed to be configured through the signal control module to communicate with an external system in a wired manner (see paragraphs [0220], [0228] and [0422]);
wherein the physiological state detection device further comprises an automatic light supplement module disposed inside the head-mounted module and electrically connected to the signal control module, and the automatic light supplement module includes an ambient light detector and a light-filling component (see paragraphs [0181] [0203] and [0205]);
wherein, when the ambient light detector is optionally configured to be used, the ambient light detector is allowed to be configured through the signal control module to detect an ambient light around the user, thereby obtaining ambient light information (see paragraphs [0181] [0203] and [0205]);
wherein, when the light-filling component is optionally configured to be used, the light-filling component is allowed to be configured through the signal control module to determine whether to provide a predetermined invisible light to the user based on whether the ambient light information meets a predetermined requirement (see paragraphs [0135] and [0181]);
wherein the physiological state detection device further comprises a biometric module disposed inside the head-mounted module and electrically connected to the signal control module, and the biometric module is configured as an iris recognition module, a sclera recognition module, a palmprint recognition module, a fingerprint recognition module or a facial recognition module (see paragraphs [0196]-[0197]);
wherein, when the biometric module is configured as the iris recognition module or the sclera recognition module, the iris recognition module or the sclera recognition module is allowed to be configured through the signal control module to capture at least one iris image or sclera image of the user, thereby identifying whether the user is qualified to use the physiological state detection device (see paragraph [0186]);
wherein, when the biometric module is configured as the fingerprint recognition module or the palmprint recognition module, the fingerprint recognition module or the palmprint recognition module is allowed to be configured through the signal control module to capture at least one fingerprint image or palmprint image of the user, thereby identifying whether the user is qualified to use the physiological state detection device (see paragraph [0092]);
wherein, when the biometric module is configured as the facial recognition module, the facial recognition module is allowed to be configured through the signal control module to capture at least one facial image of the user, thereby identifying whether the user is qualified to use the physiological state detection device (see paragraph [0092]).
Regarding Claim 3, Krueger discloses a physiological state detection device applied to a head-mounted device as discussed in the rejection of claim 1. Krueger further discloses wherein the physiological state signal includes heart rate, blood pressure, blood oxygen, lactate, blood sugar, sleepiness and alcohol concentration; wherein the number of the eye images obtained by the image capturing module within the predetermined period exceeds a predetermined value, thereby obtaining blood flow changes or spectral changes in capillaries of the user's scleras or eyelids (see paragraph [0084]).
Regarding Claim 4, Krueger discloses a physiological state detection device applied to a head-mounted device as discussed in the rejection of claim 1. Krueger further discloses wherein, when the information providing module is optionally configured to be used, the information providing module is allowed to be configured as an information display for displaying the physiological state signal, so that the information display is allowed to be configured to visually present the physiological state signal (see paragraph [0197]); wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to transmit the physiological state signal to a near-end information providing module adjacent to the user (see paragraphs [0223], [0422] and [0540]); wherein the physiological state detection device is configured to perform information acquisition operation, information transmission operation, and information calculation operation through the near-end information providing module (see paragraphs [0223], [0422] and [0540]); wherein, when the near-end information providing module is optionally configured to be used, the near-end information providing module is allowed to be configured as a near-end information display for displaying the physiological state signal, so that the near-end information display is allowed to be configured to visually present the physiological state signal (see paragraph [0083]); wherein, when the information processing system is configured to transmit the physiological state signal to a remote information providing module away from the user, the remote information providing module is allowed to be configured as a remote information display for displaying the physiological state signal, so that the remote information display is allowed to be configured to visually present the physiological state signal (see paragraphs [0223], [0422] and [0540]).
Regarding Claim 5, Krueger discloses a physiological state detection device applied to a head-mounted device as discussed in the rejection of claim 1. Krueger further discloses wherein, when the information providing module is optionally configured to be used, the information providing module is allowed to be configured as an information projector for projecting the physiological state signal to at least one eye based on eyeball position information captured by an eye tracking module, so that the information projector is allowed to be configured to visually present the physiological state signal (see paragraphs [0110] and [0181]).; wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to transmit the physiological state signal to a near-end information providing module adjacent to the user; wherein the physiological state detection device is configured to perform information acquisition operation, information transmission operation, and information calculation operation through the near-end information providing module (see paragraphs [0223], [0422] and [0540]).
Regarding Claim 6, Krueger discloses a physiological state detection device applied to a head-mounted device as discussed in the rejection of claim 1. Krueger further discloses wherein when the information providing module is optionally configured to be used, the information providing module is allowed to be configured as a sound player for playing the physiological state signal, so that the sound player is allowed to be configured to audibly present the physiological state signal (see paragraphs [0252] and [0353]); wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to transmit the physiological state signal to a near-end information providing module adjacent to the user (see paragraphs [0223], [0422] and [0540]); wherein the physiological state detection device is configured to perform information acquisition operation, information transmission operation, and information calculation operation through the near-end information providing module; wherein, when the near-end information providing module is optionally configured to be used, the near-end information providing module is allowed to be configured as a near-end sound player for playing the physiological state signal, so that the near-end sound player is allowed to be configured to audibly present the physiological state signal (see paragraphs [0252] and [0353]); wherein, when the information processing system is configured to transmit the physiological state signal to a remote information providing module away from the user, the remote information providing module is allowed to be configured as a remote sound player for playing the physiological state signal, so that the remote sound player is allowed to be configured to audibly present the physiological state signal (see paragraphs [0252] and [0353]).
Regarding Claim 7, Krueger discloses a physiological state detection device applied to a head-mounted device as discussed in the rejection of claim 1. Krueger further discloses wherein, when the information providing module is optionally configured to be used, the information providing module is allowed to be configured as a vibration generator for generating different vibration frequencies based on changes in the physiological state signal, so that the vibration generator is configured to tangibly present the physiological state signal (see paragraphs [0252] and [0353]); wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to transmit the physiological state signal to a near-end information providing module adjacent to the user; wherein the physiological state detection device is configured to perform information acquisition operation, information transmission operation, and information calculation operation through the near-end information providing module user (see paragraphs [0223], [0422] and [0540]); wherein, when the near-end information providing module is optionally configured to be used, the near-end information providing module is allowed to be configured as a near-end vibration generator for generating different vibration frequencies based on changes in the physiological state signal, so that the near-end vibration generator is allowed to be configured to tangibly present the physiological state signal user (see paragraphs [0252] and [0353]); wherein, when the information processing system is configured to transmit the physiological state signal to a remote information providing module away from the user, the remote information providing module is allowed to be configured as a remote vibration generator for generating different vibration frequencies based on changes in the physiological state signal, so that the remote vibration generator is allowed to be configured to tangibly present the physiological state signal (see paragraphs [0252] and [0353]);
Regarding Claim 8, the claim is being analyzed with respect to the rejection of claim 1.
Regarding Claim 9, the claim is being analyzed with respect to the rejection of claims 1-7.
Regarding Claim 10, the claim is being analyzed with respect to the rejection of claims 1 and 6-7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alazar Tilahun whose telephone number is (571)270-5712. The examiner can normally be reached Monday -Friday, From 9:00 AM-6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Bruckart can be reached at 571-272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALAZAR TILAHUN/
Primary Examiner
Art Unit 2424
/A.T/Primary Examiner, Art Unit 2424