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 .
Response to Amendment
The amendment to the Drawings and the Specification, filed 05/21/2026, are acknowledged.
Response to Arguments
Applicant's arguments filed 05/21/2026 have been fully considered but they are not persuasive.
On Page 13 of the Remarks, Applicant argues in the “Objection to the Drawings” section “The "one virtual wall" is shown and described in at least paragraphs [4125], [4193], [4194], and [4204] and at least figures 15-1 to 15-6B. Accordingly.” Examiner respectfully disagrees. The areas referenced in the Specification and the drawings do not provide a description of what applicant is actually considering ‘‘one virtual wall”, and therefore, the Drawing Objection stands.
On Page 13 of the Remarks, Applicant argues the 35 USC § 112 rejection for Claim 13 as being supported in ¶[4125] of the Specification. The support for “one virtual wall” could not be found in or around ¶[4125] in the Specification. The areas referenced in the Specification and the drawings do not provide a description of what applicant is actually considering ‘‘one virtual wall”, and therefore, the 35 USC § 112 rejection stands.
Applicant’s arguments, see Pages 13-18, filed 05/21/2026 with respect to the rejection(s) of claim(s) 1-4, 6 and 9, under 35 USC § 102 and claim(s) 5, 7, 8, 10, 11, 13, 14, 16-20, under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of new found art.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “one virtual wall” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The limitation “one virtual wall” is not defined in the Specification nor the claim. For examination purposes, the limitation “one virtual wall” will be taken as “an edge or border of the display”.
Claim Rejections - 35 USC § 102
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.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Claim(s) 1-11 and 13-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hylak et al., (Hylak hereafter) (US 2024/0087256 A1).
With respect to Claim 1, Hylak discloses a wearable electronic device, comprising: a housing (1-150, Figure 1B); an external dial (1-328, Figure 1E) rotatable relative to the housing (1-150, Figure 1B); an optical module secured within the housing (1-150, Figure 1B), the optical module comprising: an optical sensor (1-356, Figure 1E) configured to detect a facial feature of a user (sensors can be used to determine user facial expressions, ¶[0051]) donning the wearable electronic device (HMD, ¶[0051]); and a display (1-120a, 120b, Figure 1C) configured to project light to an eye of the user (display is configured to project light toward the user eye, ¶[0059]) when donning the wearable electronic device; a processor (110, Figure 1) electrically coupled to the optical module and the dial (1-328, Figure 1E), the processor (110, Figure 1) configured to cause the display (1-120a, 120b, Figure 1C) to present content including a level of virtual immersion (dial adjusts level of immersion, ¶[0051]) based on at least one of a rotation (rotatable dial, ¶[0051]) or a position of the dial (1-328, Figure 1E) relative to the housing (1-150, Figure 1B).
With respect to Claim 2, Hylak further discloses wherein the level of virtual immersion (level of immersion, ¶[0051]) includes an amount of virtual content (level of immersion includes virtual content, ¶[0051]) generated by the processor (110, Figure 1) and superimposed over video passthrough content (passthrough image, ¶[0051]).
With respect to Claim 3, Hylak further discloses wherein a rotation of the dial (1-328, Figure 1E) is configured to change the amount of virtual content (¶[0051]).
With respect to Claim 4, Hylak further discloses wherein the facial feature includes a gaze direction of the eye (gaze tracking sensors, ¶[0051]).
With respect to Claim 5, Hylak further discloses wherein the optical sensor (1-356, Figure 1E) comprises: a visual camera (¶[0049]); and a light-emitting diode (6-124 can include LEDS, ¶[0089]).
With respect to Claim 6, Hylak discloses a head-mountable electronic device, comprising: a housing (1-150, Figure 1B) defining an external surface; a dial (1-328, Figure 1E) manipulatable relative to the housing (1-150, Figure 1B), the dial (1-328, Figure 1E) defining the external surface; a display (1-120a, 120b, Figure 1C) integrated with the housing (1-150, Figure 1B); an optical sensor (1-356, Figure 1E) disposed within the housing (1-150, Figure 1B), the optical sensor (1-356, Figure 1E) oriented inward to face a user (¶[0052]) when the head-mountable electronic device is donned (see 1-356 facing the user in Figure 1E); a processor (110, Figure 1) communicatively coupled to the dial (1-328, Figure 1E), the display (1-120a, 120b, Figure 1C), and the optical sensor (1-356, Figure 1E); and a memory device (memory component storing instructions, ¶[0081]) storing instructions that, when executed by the processor (110, Figure 1), cause the processor (110, Figure 1) to: receive an input (1-328 is an input device, ¶[0051]) in response to a manipulation of the dial (1-328, Figure 1E); identify sensor data (detecting information, ¶[0051]) from the optical sensor (1-356, Figure 1E); and control user interface content (XR content, ¶[0049]) presented by the display (1-120a, 120b, Figure 1C) based on the input and the sensor data (information, ¶[0051]).
With respect to Claim 7, Hylak further discloses wherein: the optical sensor (1-356, Figure 1E) is a first optical sensor (one of one or more 1-356, Figure 1E; see also ¶[0051]); the system further comprises a second optical sensor (another of one or more 1-356, Figure 1E; see also ¶[0051]); and the first optical sensor (one of one or more 1-356, Figure 1E; see also ¶[0051]) and the second optical sensor (another of one or more 1-356, Figure 1E; see also ¶[0051]) are positioned adjacent (see Figures 1C and 1E) to the display (1-120a, 120b, Figure 1C).
With respect to Claim 8, Hylak further discloses wherein: the first optical sensor (one of one or more 1-356, Figure 1E; see also ¶[0051]) is positioned adjacent a first side (see annotated Figure 1E) of the display (1-120a, 120b, Figure 1C); and the second optical sensor (another of one or more 1-356, Figure 1E; see also ¶[0051]) is positioned adjacent a second side (see annotated Figure 1E) of the display (1-120a, 120b, Figure 1C).
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With respect to Claim 9, Hylak further discloses wherein the sensor data (detecting information, ¶[0051]) includes eye-tracking data (eye-tracking and gaze tracking sensors, ¶[0051]).
With respect to Claim 10, Hylak further discloses wherein controlling the user interface content (XR content, ¶[0049]) comprises changing how the display (1-120a, 120b, Figure 1C) presents virtual content with respect to displayed real world
With respect to Claim 11, Hylak further discloses wherein controlling the user interface content (XR content, ¶[0049]) comprises causing the display (1-120a, 120b, Figure 1C) to: adjust at least one of a size, orientation (orientation, ¶[0051]), or position of the virtual content relative to the real world content; remove at least a portion of the virtual content; or increase an amount of the virtual content relative to the real world content.
content (¶[0051]).
With respect to Claim 12, Hylak further discloses a first immersion limit (Figure 9G; see also ¶[0041]) of 0 % of the virtual content and 100% of the real world content (¶[0041]); and a second immersion limit (Figure 9G; see also ¶[0041]) of 100 % of the virtual content and 0% of the real world content (¶[0041]).
With respect to Claim 13, Hylak further discloses, as best understood, wherein: the real world content includes a three-dimensional space (three dimensional environment, ¶[0051]); and the virtual content (¶[0051]) includes at least one virtual wall (edges of 510, Figure 5) visually bounding (viewport boundary, ¶[0040]) a portion of the three-dimensional space (virtual three dimensional backgrounds, ¶[0051]).
With respect to Claim 14, Hylak further discloses wherein: the real world content (¶[0051]) includes a three-dimensional space (virtual three dimensional backgrounds, ¶[0051]); and the three-dimensional space includes at least one wall (edges of 510, Figure 5) visually bounding (viewport boundary, ¶[0040]) a portion of the virtual content (¶[0051]).
With respect to Claim 15, Hylak discloses a wearable electronic device, comprising: a display frame (1-350, Figure 1E); a dial assembly (1-328, Figure 1E) carried by the display frame (1-350, Figure 1E), the dial assembly comprising: a dial (1-328, Figure 1E) accessible from an exterior of the display frame (1-350, Figure 1E); a shaft (shaft for 1-328 as 1-328 is rotatable, Figure 1E) extending from the dial (1-328, Figure 1E) into the display frame (1-350, Figure 1E), wherein the shaft (shaft for 1-328 as 1-328 is rotatable, Figure 1E) and the dial (1-328, Figure 1E) are configured to move together (1-328 is rotatable and shaft moves with it, Figure 1E) relative to the display frame (1-350, Figure 1E); and a dial sensor (1-356, Figure 1E) positioned inside the display frame (1-350, Figure 1E), the dial sensor (1-356, Figure 1E) configured to generate dial sensor data (detecting information, ¶[0051]) in response to movement of the shaft (shaft for 1-328 as 1-328 is rotatable, Figure 1E); an internal display (1-120a, 120b, Figure 1C) carried by the display frame (1-350, Figure 1E) and configured to simultaneously present real world content and virtual content (¶[0041]); and an optical component (1-108, Figure 1C) positioned adjacent to the internal display (1-120a, 120b, Figure 1C) and configured to generate facial data (facial expressions, ¶[0051]); wherein the virtual content (¶[0041]) is configured to be changed based on the facial data (facial expressions, ¶[0051]) and the dial sensor data (detecting information, ¶[0051]).
With respect to Claim 16, Hylak further discloses wherein at least one of a rotation (rotatable dial, ¶[0051]) or a depression of the dial (1-328, Figure 1E) is detectable by the dial sensor (1-356, Figure 1E) to: manually control a change of the virtual content (virtual content, ¶[0051]); or modify a user interface setting that automatically changes the virtual content.
With respect to Claim 17, Hylak further discloses wherein the optical component (1-108, Figure 1C) comprises at least one of a camera (camera, ¶[0051]), a light emitting diode, or an infrared sensor.
With respect to Claim 18, Hylak further discloses wherein the facial data (facial expressions, ¶[0051]) comprises at least one of an eye measurement or a gaze estimation (gaze tracking sensors, ¶[0051]).
With respect to Claim 19, Hylak further discloses wherein the change of the virtual content (change of virtual content, ¶[0051]) comprises altering a level of virtual immersion (dial adjusts level of immersion, ¶[0051]), the virtual immersion including a first amount of the virtual content (change of virtual content; inherent with a three-dimensional display, ¶[0051]) and a second amount of the real world content (inherent with a three-dimensional display, ¶[0051]).
With respect to Claim 20, Hylak further discloses wherein the change of the virtual content (change of virtual content, ¶[0051]) comprises changing a detection setting (detecting information about a physical environment, ¶[0051]) for the optical component (1-108, Figure 1C).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMARA Y WASHINGTON whose telephone number is (571)270-3887. The examiner can normally be reached Mon-Thur 730-530 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone Allen can be reached at 571-272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYW/Patent Examiner, Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
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