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 Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6, 9-10, 13-16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Le Cain et al. (US 2025/0181154) in view of Fullam (US 2016/0080720), and further in view of Shapira et al. (US 2016/0350973).
Regarding claim 1, Le Cain discloses, a method (Figs. 1-4) comprising:
at a device (101, 102) including a dimming layer (Para. 0050 and see 102-c), one or more processors (Para. 0029 and 103), and non-transitory memory (Para. 0030 and 103-a):
while detecting that a user is engaged in conversation with a conversation partner (Para. 0082 and 0120; note, discloses using a microphone and the controller to determine that a user is having a conversation);
determining a second dimming value (Para. 0120-0121; note, discloses adjusting a light transmission/tint level of the device when it is determined that a wearer is engaged in a conversation) for the region (Para. 0053 and 103; note, the controller 103 is configured to use a table to determine a value of the tint or a range of the tints to use) based at least in part on detecting that the user is engaged in conversation with the conversation partner (Para. 0082 and 0120-0121; note, discloses using a microphone and the controller to determine that a user is having a conversation and adjusting the tint based on the user having a conversation); and
setting a dimming value (Para. 0053 and 103; note, the controller 103 is configured to use a table to determine a value of the tint or a range of the tints to use) of at least a portion of the dimming layer to the dimming amount (Para. 0082 and 0120-0121; note, discloses using a microphone and the controller to determine that a user is having a conversation and adjusting the tint based on the user having a conversation).
Le Cain does not explicitly disclose the device comprises an at least partially transparent display including a dimming layer.
Fullam teaches, from the same field of endeavor that in in a method (Figs. 1-2) that it would have been desirable to make the device comprises an at least partially transparent display (Para. 0011-0012 and see 16L, R) including a dimming layer (Para. 0013 and see 18).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the device comprises an at least partially transparent display including a dimming layer as taught by the method of Fullam in the method of Le Cain since Fullam teaches it is known to include these features in a method for the purpose of providing a method that effectively and efficiently provides an augmented-reality application with reduced user eye discomfort or fatigue.
Le Cain in view of Fullam does not explicitly disclose displaying, on the at least partially transparent display, virtual content at a display location, wherein a region of the at least partially transparent display surrounding the display location has a first dimming value prior to displaying the virtual content; determining a second dimming value for the region based at least in part on detecting that the user is engaged in conversation with the conversation partner and the virtual content is being displayed; and setting at least a portion of the dimming layer corresponding to the region to the second dimming value, different from the first dimming value.
Shapira teaches, from the same field of endeavor that in a method that it would have been desirable to make displaying, on the at least partially transparent display, virtual content at a display location (Para. 0111, lines 11-18 and 0165-0166; note, discloses rendering of a non-participant (read as virtual content by Examiner) is translucent when no conversation is being had and the solidity of the rendering is increased (dimming value is changed) when the non-participant speaks and is having a conversation with the wearer), wherein a region of the at least partially transparent display surrounding the display location has a first dimming value prior to displaying the virtual content (Para. 0111, lines 11-18 and 0165-0166; note, discloses rendering of a non-participant (read as virtual content by Examiner) is translucent when no conversation is being had and the solidity of the rendering is increased (dimming value is changed) when the non-participant speaks and is having a conversation with the wearer); determining a second dimming value for the region based at least in part on detecting that the user is engaged in conversation with the conversation partner and the virtual content is being displayed (Para. 0111, lines 11-18 and 0165-0166; note, discloses rendering of a non-participant (read as virtual content by Examiner) is translucent when no conversation is being had and the solidity of the rendering is increased (dimming value is changed) when the non-participant speaks and is having a conversation with the wearer); and setting at least a portion of the dimming layer corresponding to the region to the second dimming value, different from the first dimming value (Para. 0111, lines 11-18 and 0165-0166; note, discloses rendering of a non-participant (read as virtual content by Examiner) is translucent when no conversation is being had and the solidity of the rendering is increased (dimming value is changed) when the non-participant speaks and is having a conversation with the wearer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make disclose displaying, on the at least partially transparent display, virtual content at a display location, wherein a region of the at least partially transparent display surrounding the display location has a first dimming value prior to displaying the virtual content; determining a second dimming value for the region based at least in part on detecting that the user is engaged in conversation with the conversation partner and the virtual content is being displayed; and setting at least a portion of the dimming layer corresponding to the region to the second dimming value, different from the first dimming value as taught by the method of Shapira in the combination of Le Cain in view of Fullam since Shapira teaches it is known to include these features in a method for the purpose of improving a user experience and user safety.
Regarding claims 2 and 14, Le Cain, Fullam and Shapira discloses, and Le Cain further discloses, determining the second dimming value is further based on factors based on data from one or more sensors (Para. 0105 and see 102-c; note, discloses an Ambient Light Sensor (ARS)).
Regarding claims 3 and 15, Le Cain, Fullam and Shapira discloses, and Le Cain further discloses, the one or more sensors include an ambient light sensor, a location sensor, an image sensor, an eye tracker, or a motion sensor (Para. 0105 and see 102-c; note, discloses an Ambient Light Sensor (ARS)).
Regarding claim 4, Le Cain, Fullam and Shapira discloses, and Le Cain further discloses, determining the second dimming value is further based on user preferences (Para. 0043, 0052 and 102-b; note, discloses user confirmation and preferences) regarding dimming in response to detecting that the user is engaged in conversation with the conversation partner (Para. 0120-0121).
Regarding claim 5, Le Cain, Fullam and Shapira discloses, and Le Cain further discloses, determining the second dimming value is based on the first dimming value (Para. 0105 and 0111-0119; note, discloses tint adaptation based on current lighting and environments).
Regarding claims 6 and 16, Le Cain, Fullam and Shapira discloses, and Le Cain further discloses, setting all of the dimming layer to the first dimming value while detecting that the user is engaging in conversation with the conversation partner (Para. 0120-0121).
Regarding claim 9, Le Cain, Fullam and Shapira discloses, and Le Cain further discloses, setting at least the portion of the dimming layer corresponding to the region includes decreasing at least the portion of the dimming layer from the first dimming value to the second dimming value (Para. 0105 and 0111-0119; note, discloses a “clear mode” and a mode when the lens is “not dark”).
Regarding claims 10 and 19, Le Cain, Fullam and Shapira discloses, and Le Cain further discloses, setting the dimming value includes setting at least the portion of the dimming layer corresponding to the region includes setting the second dimming value to zero (Para. 0105 and 0111-0119; note, discloses a “clear mode” and a mode when the lens is “not dark”).
Regarding claim 13, Le Cain discloses, a device (Figs. 1-4) comprising:
a dimming layer (Para. 0050 and see 102-c);
non-transitory memory (Para. 0030 and 103-a); and
one or more processors (Para. 0029 and 103) to:
while detecting that a user is engaged in conversation with a conversation partner (Para. 0082 and 0120; note, discloses using a microphone and the controller to determine that a user is having a conversation);
determine a second dimming value (Para. 0120-0121; note, discloses adjusting a light transmission/tint level of the device when it is determined that a wearer is engaged in a conversation) for the region (Para. 0053 and 103; note, the controller 103 is configured to use a table to determine a value of the tint or a range of the tints to use) based at least in part on detecting that the user is engaged in conversation with the conversation partner (Para. 0082 and 0120-0121; note, discloses using a microphone and the controller to determine that a user is having a conversation and adjusting the tint based on the user having a conversation); and
set at least a portion of the dimming layer to the dimming amount (Para. 0082 and 0120-0121; note, discloses using a microphone and the controller to determine that a user is having a conversation and adjusting the tint based on the user having a conversation).
Le Cain does not explicitly disclose the device comprises an at least partially transparent display including a dimming layer.
Fullam teaches, from the same field of endeavor that in in a device (Figs. 1-2) that it would have been desirable to make the device comprises an at least partially transparent display (Para. 0011-0012 and see 16L, R) including a dimming layer (Para. 0013 and see 18).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the device comprises an at least partially transparent display including a dimming layer as taught by the device of Fullam in the device of Le Cain since Fullam teaches it is known to include these features in a device for the purpose of providing a device that effectively and efficiently provides an augmented-reality application with reduced user eye discomfort or fatigue.
Le Cain in view of Fullam does not explicitly disclose displaying, on the at least partially transparent display, virtual content at a display location, wherein a region of the at least partially transparent display surrounding the display location has a first dimming value prior to displaying the virtual content; determining a second dimming value for the region based at least in part on detecting that the user is engaged in conversation with the conversation partner and the virtual content is being displayed; and setting at least a portion of the dimming layer corresponding to the region to the second dimming value, different from the first dimming value.
Shapira teaches, from the same field of endeavor that in a device that it would have been desirable to make displaying, on the at least partially transparent display, virtual content at a display location (Para. 0111, lines 11-18 and 0165-0166; note, discloses rendering of a non-participant (read as virtual content by Examiner) is translucent when no conversation is being had and the solidity of the rendering is increased (dimming value is changed) when the non-participant speaks and is having a conversation with the wearer), wherein a region of the at least partially transparent display surrounding the display location has a first dimming value prior to displaying the virtual content (Para. 0111, lines 11-18 and 0165-0166; note, discloses rendering of a non-participant (read as virtual content by Examiner) is translucent when no conversation is being had and the solidity of the rendering is increased (dimming value is changed) when the non-participant speaks and is having a conversation with the wearer); determining a second dimming value for the region based at least in part on detecting that the user is engaged in conversation with the conversation partner and the virtual content is being displayed (Para. 0111, lines 11-18 and 0165-0166; note, discloses rendering of a non-participant (read as virtual content by Examiner) is translucent when no conversation is being had and the solidity of the rendering is increased (dimming value is changed) when the non-participant speaks and is having a conversation with the wearer); and setting at least a portion of the dimming layer corresponding to the region to the second dimming value, different from the first dimming value (Para. 0111, lines 11-18 and 0165-0166; note, discloses rendering of a non-participant (read as virtual content by Examiner) is translucent when no conversation is being had and the solidity of the rendering is increased (dimming value is changed) when the non-participant speaks and is having a conversation with the wearer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make disclose displaying, on the at least partially transparent display, virtual content at a display location, wherein a region of the at least partially transparent display surrounding the display location has a first dimming value prior to displaying the virtual content; determining a second dimming value for the region based at least in part on detecting that the user is engaged in conversation with the conversation partner and the virtual content is being displayed; and setting at least a portion of the dimming layer corresponding to the region to the second dimming value, different from the first dimming value as taught by the device of Shapira in the combination of Le Cain in view of Fullam since Shapira teaches it is known to include these features in a device for the purpose of improving a user experience and user safety.
Regarding claim 20, Le Cain discloses, a non-transitory memory (Para. 0030 and 103-a) storing one or more programs (Para. 0030 and 103-a), which, when executed by one or more processors (Para. 0029 and 103) of a device (Figs. 1-4) including a dimming layer (Para. 0050 and see 102-c), cause the device to:
while detecting that a user is engaged in conversation with a conversation partner (Para. 0082 and 0120; note, discloses using a microphone and the controller to determine that a user is having a conversation);
determine a second dimming value (Para. 0120-0121; note, discloses adjusting a light transmission/tint level of the device when it is determined that a wearer is engaged in a conversation) for the region (Para. 0053 and 103; note, the controller 103 is configured to use a table to determine a value of the tint or a range of the tints to use) based at least in part on detecting that the user is engaged in conversation with the conversation partner (Para. 0082 and 0120-0121; note, discloses using a microphone and the controller to determine that a user is having a conversation and adjusting the tint based on the user having a conversation); and
set at least a portion of the dimming layer to the dimming amount (Para. 0082 and 0120-0121; note, discloses using a microphone and the controller to determine that a user is having a conversation and adjusting the tint based on the user having a conversation).
Le Cain does not explicitly disclose the device comprises an at least partially transparent display including a dimming layer.
Fullam teaches, from the same field of endeavor that in in a device (Figs. 1-2) that it would have been desirable to make the device comprises an at least partially transparent display (Para. 0011-0012 and see 16L, R) including a dimming layer (Para. 0013 and see 18).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the device comprises an at least partially transparent display including a dimming layer as taught by the device of Fullam in the device of Le Cain since Fullam teaches it is known to include these features in a device for the purpose of providing a device that effectively and efficiently provides an augmented-reality application with reduced user eye discomfort or fatigue.
Le Cain in view of Fullam does not explicitly disclose displaying, on the at least partially transparent display, virtual content at a display location, wherein a region of the at least partially transparent display surrounding the display location has a first dimming value prior to displaying the virtual content; determining a second dimming value for the region based at least in part on detecting that the user is engaged in conversation with the conversation partner and the virtual content is being displayed; and setting at least a portion of the dimming layer corresponding to the region to the second dimming value, different from the first dimming value.
Shapira teaches, from the same field of endeavor that in a device that it would have been desirable to make displaying, on the at least partially transparent display, virtual content at a display location (Para. 0111, lines 11-18 and 0165-0166; note, discloses rendering of a non-participant (read as virtual content by Examiner) is translucent when no conversation is being had and the solidity of the rendering is increased (dimming value is changed) when the non-participant speaks and is having a conversation with the wearer), wherein a region of the at least partially transparent display surrounding the display location has a first dimming value prior to displaying the virtual content (Para. 0111, lines 11-18 and 0165-0166; note, discloses rendering of a non-participant (read as virtual content by Examiner) is translucent when no conversation is being had and the solidity of the rendering is increased (dimming value is changed) when the non-participant speaks and is having a conversation with the wearer); determining a second dimming value for the region based at least in part on detecting that the user is engaged in conversation with the conversation partner and the virtual content is being displayed (Para. 0111, lines 11-18 and 0165-0166; note, discloses rendering of a non-participant (read as virtual content by Examiner) is translucent when no conversation is being had and the solidity of the rendering is increased (dimming value is changed) when the non-participant speaks and is having a conversation with the wearer); and setting at least a portion of the dimming layer corresponding to the region to the second dimming value, different from the first dimming value (Para. 0111, lines 11-18 and 0165-0166; note, discloses rendering of a non-participant (read as virtual content by Examiner) is translucent when no conversation is being had and the solidity of the rendering is increased (dimming value is changed) when the non-participant speaks and is having a conversation with the wearer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make disclose displaying, on the at least partially transparent display, virtual content at a display location, wherein a region of the at least partially transparent display surrounding the display location has a first dimming value prior to displaying the virtual content; determining a second dimming value for the region based at least in part on detecting that the user is engaged in conversation with the conversation partner and the virtual content is being displayed; and setting at least a portion of the dimming layer corresponding to the region to the second dimming value, different from the first dimming value as taught by the device of Shapira in the combination of Le Cain in view of Fullam since Shapira teaches it is known to include these features in a device for the purpose of improving a user experience and user safety.
Claims 7-8 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Le Cain et al. (US 2025/0181154) in view of Fullam (US 2016/0080720) in view of Shapira et al. (US 2016/0350973) as applied to claims 1 and 13 above, and further in view of Newell et al. (US 2016/0330522).
Le Cain, Fullam and Shapira remains as applied to claims 1 and 13 above.
Le Cain, Fullam and Shapira does not disclose setting only a respective region of the dimming layer surrounding the conversation partner to the first dimming value while detecting that the user is engaging in conversation with the conversation partner.
Newell teaches, from the same field of endeavor that in a method that it would have been desirable to include setting only a respective region of the dimming layer surrounding the conversation partner to the first dimming value while detecting that the user is engaging in conversation with the conversation partner (Para. 0264-0265 and Fig. 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention include setting only a respective region of the dimming layer surrounding the conversation partner to the first dimming value while detecting that the user is engaging in conversation with the conversation partner as taught by the method of Newell in the combination of Le Cain, Fullam and Shapira since Newell teaches it is known to include this feature in a method for the purpose of providing a method that allows a user to quickly, effectively and efficiently focus and identify the person speaking during the conversation.
Regarding claims 8 and 18, Le Cain, Fullam, Shapira and Newell discloses and teaches as set forth above, and Newell further teaches, from the same field of endeavor that in a method that it would have been to include setting the dimming layer includes setting the dimming value of the dimming layer excluding the region surrounding virtual content to a third dimming value (Para. 0264-0265 and Fig. 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention include setting the dimming value includes setting the dimming value of only a region of the dimming layer surrounding the conversation partner to the dimming amount as taught by the method of Newell in the combination of Le Cain, Fullam and Shapira since Newell teaches it is known to include this feature in a method for the purpose of providing a method that allows a user to quickly, effectively and efficiently focus and identify the person speaking during the conversation.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Le Cain et al. (US 2025/0181154) in view of Fullam (US 2016/0080720) in view of Shapira et al. (US 2016/0350973) as applied to claim 1 above, and further in view of Miyazaki et al. (US 11,047,171).
Le Cain, Fullam and Shapira remains as applied to claim 1 above.
Le Cain, Fullam and Shapira does not disclose in response to setting the dimming value, displaying a dimming notification.
Miyazaki teaches, from the same field of endeavor that is a method that it would have been desirable to include displaying a dimming notification in response to changing a dimming value of the dimming layer (Col. 3, lines 39-45 and see 6 of Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to include displaying a dimming notification in response to changing a dimming value of the dimming layer as taught by the method of Miyazaki in the combination of Le Cain, Fullam and Shapira since Miyazaki teaches it is known to include this feature in a method for the purpose of providing a method that accurately and effectively notifies a user.
Regarding claim 12, Le Cain, Fullam, Shapira and Miyazaki discloses and teaches as set forth above, Le Cain further discloses, wherein the dimming notification includes an affordance (Para. 0053-0054, 0094, 0105, 0111-0120; note, the Examiner interprets the affordance to be the disclosed situation (the environment the user’s is in, physiological parameters, if the user is having a conversation) that determines the tint value) which, when selected, sets the dimming value to the first dimming value (Para. 0053-0054, 0094, 0105, 0111-0120).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nepveu et al. (US 2021/0192802) and Sorrentino (WO 2024/254096) discloses a method displaying, on the at least partially transparent display, virtual content at a display location, wherein a region of the at least partially transparent display surrounding the display location has a first dimming value prior to displaying the virtual content; determining a second dimming value for the region based at least in part on detecting that the user is engaged in conversation with the conversation partner and the virtual content is being displayed; and setting at least a portion of the dimming layer corresponding to the region to the second dimming value, different from the first dimming value.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at 571-270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 08/28/2026
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