DETAILED ACTION
DETAILED ACTION
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119 (a) — (d), which papers have been placed of record in the file. Oath/Declaration
Oath/Declaration
2. Oath and declaration filed on 2/7/2024 is accepted.
Information Disclosure Statement
3. The prior art documents submitted by application in the Information Disclosure Statement filed on 2/7/2024 and 2/22/2024 and 12/5/2024 have all been considered and made of record (note the attached copy of form PTO – 1449).
Claim Rejections - 35 USC § 103
4. 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.
Claim(s) 1-13,18-21,23, 26, and 28-37 are rejected under 35 U.S.C. 103 as being unpatentable over. Sinay et al (2019/0086674 A1) in view of SANGU et al (2020/0285058 A1).
Regarding claim 1, Sinay et al discloses (refer to figures 1-6 and 11D and 12E) an eyeball information detection apparatus (60), comprising: a support member (80) that is mounted on a head of a user (90) (paragraph 0047) ; a substrate (270) provided to the support member so as to face an eyeball (210) of the user; an irradiation system that is provided to the support member and includes at least one light source that emits non-visible light towards the substrate (270) (paragraph 0062) ; at least one optical element that is provided to the substrate so that the at least one optical element is irradiated with the non-visible light (926 ) , generates a virtual light source of the non-visible light (926) , and is not a plane mirror ; a light reception system (a camera 920 ) that receives the non-visible light (926) reflected on the eyeball (211) via the optical element and includes a light reception element.
Sinay et al all of the claim limitations except a detection system that detects eyeball information that is information about the eyeball on a basis of an output from the light reception system.
SANGU et al discloses a detection system (10) that detects eyeball (30) information that is information about the eyeball on a basis of an output from the light reception system (paragraph 0037 and paragraph 0046, and figure 1).
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide a detection system that detects eyeball information that is information about the eyeball on a basis of an output from the light reception system in to the Sinay et al an eyeball information detection apparatus for the better pupil position as taught by SANGU et al (paragraph 0034).
Regarding claim 2, Sinay et al discloses wherein the at least one optical element is a plurality of optical elements (570,580) (paragraph 0062).
Regarding claim 3, Sinay et al discloses wherein the plurality of optical elements includes at least three optical elements (570,580,590) two- dimensionally arranged in an in-plane direction of the substrate (270).
Regarding claim 4, Sinay et al discloses wherein the at least one light source is a plurality of light sources (930 and 960).
Regarding claim 5, Sinay et al discloses wherein the plurality of light sources includes at least two light sources (930 and 960) corresponding to different optical elements of the plurality of optical elements.
Regarding claim 6, Sinay et al discloses wherein the plurality of light sources (930 and 960) individually corresponds to the plurality of optical elements.
Regarding claim 7, Sinay et al discloses wherein the at least one light source (930) includes light sources corresponding to at least two optical elements of the plurality of optical elements.
Regarding claim 8, Sinay et al discloses wherein the at least one light source (930) is a single light source corresponding to the plurality of optical elements.
Regarding claim 9, Sinay et al discloses wherein the at least one optical element is larger in number than the at least one light source (930).
Regarding claim 10, Sinay et al in view of SANGU et al disclose wherein each of the plurality of light sources corresponds to at least two optical elements of the plurality of optical elements, and the non-visible light from each of the plurality of light sources (930 and 960) is propagated inside the substrate (940) and is radiated to the at least two corresponding optical elements.
Regarding claim 11, Sinay et al disclose wherein an optical member that guides the non-visible light from the light source (930) to the plurality of optical elements is provided to the substrate.
Regarding claim 12, Sinay et al disclose wherein the non-visible light from the light source (930) is propagated inside the substrate (940) (figure 15B) and is radiated to the plurality of optical elements via the optical member.
Regarding claim 13, Sinay et al disclose wherein the light reception system is provided to the substrate (940).
Regarding claim 18, Sinay et al disclose wherein the optical element is a reflective-type.
Regarding claim 19, Sinay et al discloses wherein the optical element is a diffractive element (952).
Regarding claim 20, Sinay et al disclose wherein the diffractive element (952) has a non-uniform pitch.
Regarding claim 21, Sinay et al disclose wherein the diffractive element (952) is a wavefront reconstruction-type.
Regarding claim 23 Sinay et al disclose, wherein the diffractive element (952) is a diffusing element (i.e., diffraction portion 944/942/952).
Regarding claim 26, Sinay et al disclose wherein the diffractive element (952) has a curved-mirror characteristic (figure 17).
Regarding claim 28, Sinay et al disclose wherein the irradiation system is capable of irradiating at least two optical elements of the plurality of optical elements with the non-visible light (930) at different timings (paragraph 0108, paragraph 0131, paragraph 0215 and paragraph 0216).
Regarding claim 29, Sinay et al disclose wherein the plurality of optical elements includes first and second optical elements corresponding to the different light sources (902 and 904), and the irradiation system includes a light source drive unit that selectively drives the light source corresponding to the first optical element and the light source corresponding to the second optical element.
Regarding claim 30, Sinay et al disclose wherein the optical element is a diffractive element (952) having wavelength selectivity, the plurality of light sources (926 and 924) includes at least two light sources having different light emission wavelengths and corresponding to the diffractive element, and the irradiation system includes a light source drive unit that selectively drives the at least two light sources (different light sources have different wavelengths are alternately pulsed to provide different wavelength illumination at different times , paragraph 0108 and paragraph 0113).
Regarding claim 31, Sinay et al disclose wherein the optical element is a diffractive element (952) having dependence on polarization, and the irradiation system is capable of varying a polarization direction of the non- visible light (902/904).
Regarding claim 32, Sinay et al disclose where in the optical element is a diffractive element (952) having dependence on an angle-of- incidence, and the irradiation system is capable of varying an angle-of-incidence of the non- visible light (902/904) upon the diffractive element.
Regarding claim 33, Sinay et al disclose wherein the optical element is a curved mirror (figure 17).
Regarding claim 34, Sinay et al in view of SANGU et al discloses wherein the eyeball (30) information includes at least one of an orientation of the eyeball, position and size of a pupil, or a position of an iris.
Regarding claim 35, an image light generation apparatus; and an optical system that is provided to the substrate and guides image light from the image light generation apparatus to an eyeball, wherein the image light generation apparatus generates the image light on a basis of a detection result of the eyeball information detection apparatus.
Regarding claim 36, Sinay et al discloses (refer to figures 1-6 and 11D and 12E) an eyeball information detection method (60) , comprising: a step of radiating non-visible light to at least one optical element provided to a substrate(270) which faces an eyeball (212) of a user and generating a virtual light source of the non- visible light (926); a step of receiving the non-visible light reflected on the eyeball via the optical element.
Sinay et al discloses all of the claimed limitations except detecting eyeball information that is information about the eyeball on a basis of a light reception result at the step of receiving.
SANGU et al discloses a detection system (10) that detects eyeball (30) information that is information about the eyeball on a basis of an output from the light reception system (paragraph 0037 and paragraph 0046, and figure 1).
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide a detection system that detects eyeball information that is information about the eyeball on a basis of an output from the light reception system in to the Sinay et al an eyeball information detection apparatus for the better pupil position as taught by SANGU et al (paragraph 0034).
Regarding claim 37, Sinay et al discloses (refer to figures 1-6 and 11D and 12E) a display method, comprising: a step of radiating non-visible light to at least one optical element provided to a substrate (270) which faces an eyeball of a user and generating a virtual light source of the non- visible light (926); a step of receiving the non-visible light reflected on the eyeball via the optical element.
Sinay et al discloses all of the claimed limitations except detecting eyeball information that is information about the eyeball on a basis of a light reception result at the step of receiving.
SANGU et al discloses a detection system (10) that detects eyeball (30) information that is information about the eyeball on a basis of an output from the light reception system (paragraph 0037 and paragraph 0046, and figure 1).
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide a detection system that detects eyeball information that is information about the eyeball on a basis of an output from the light reception system in to the Sinay et al an eyeball information detection apparatus for the better pupil position as taught by SANGU et al (paragraph 0034).
Allowable Subject Matter
5. Claim14-17,22,24,25, and 27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
6. The following is a statement of reasons for the indication of allowable subject matter: wherein the support member includes a temple including an ear hook portion, the light reception system is provided to the temple, and another optical element that guides the non-visible light reflected on the eyeball to a light reception system is provided to the substrate and the plurality of optical elements is provided in a periphery of the other optical element on the substrate and the support member includes a temple including an ear hook portion, and the light source is provided to the temple and the support member includes a temple including an ear hook portion and an extension portion extending to a side of the substrate which is opposite to a side of the ear hook portion, and the light source is provided to the extension portion and the at least one optical element is a plurality of diffractive elements, wavefront shapes recorded on at least two of the plurality of diffractive elements are different, and the detection system has a fitting unit that fits a plurality of reflection images of the non-visible light on the eyeball to wavefront shapes recorded on the plurality of diffractive elements and
wherein the at least one optical element is a plurality of diffusing elements, and the detection system has a fitting unit that fits a plurality of reflection images of the non-visible light on the eyeball to the plurality of diffusing elements and at least two of the plurality of diffusing elements have different shapes and the at least one diffractive elements is a plurality of diffractive elements having different diffraction power at least two of the plurality of virtual light sources respectively generated by the plurality of diffractive elements are different in position in a thickness direction of the substrate, and the detection system has a depth estimation unit that estimates a depth of the eyeball from the output from the light reception system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED A HASAN whose telephone number is (571)272-2331. The examiner can normally be reached M-TH 6 AM -4 PM.
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/MOHAMMED A HASAN/Primary Examiner, Art Unit 2872 1/26/2026