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 § 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 1 recites, in the preamble of the amended claim, a head-mounted smart device. In line 9, “the smart devices” (only head-mounted smart device) was not previously claimed. Therefore, there is insufficient antecedent basis for this limitation in the claim for the limitations "the head mounted device” and “the smart devices" in line 11.
Claims 2 recites, in line 6, the claimed “more than one candidate smart device” should read as “more than one candidate devices”.
Claims 3 and 4 are also rejected as they depend on claim 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites “a fourth positioning device”. However, only a “first positioning device” and “second positioning device” were cited in claim 1, which claim 5 depends from. There must be a “third positioning device” prior to claiming “a fourth positioning device”. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites “a fifth positioning device”. However, However, only a “first positioning device” and “second positioning device” were cited in claim 6, which claim 8 depends from. There must be a “third positioning device” and “a fourth positioning device” prior to claiming “a fifth positioning device”. There is insufficient antecedent basis for this limitation in the claim.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 6, 7 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Applicant’s supplied reference Sivan (US 2019/0182415 a1).
Regarding claims 6, 9, Sivan discloses a smart device control method, receiving a device control instruction, and acquiring device distance information respectively between a first positioning device on a head-mounted device and the smart device, and between a second positioning device on the head-mounted device and the smart device, wherein the first positioning device and the second positioning device are symmetrically arranged on two sides of the head-mounted device; ([Fig. 4; 0431]A left wearable device LWEAR 50a is attached to, or worn on, the left part of the body of the person head 43. Similarly, a right wearable device RWEAR 50b is attached to, or worn on, the right part of the body of the person head 43. [abstract] the wearable devices may be head mounted, structured as glasses (i.e. symmetrical); and ([Fig. 7; 0488-00491] a digital camera device 45 receives beacon signals used for commanding or controlling the digital camera 45 based on the alignment detected by the wearable devices 50a and 50b);
calculating a LOS deviation angle between a wearer of the head-mounted device and the smart device based on the device distance information, wherein the LOS deviation angle is an angle between the wearer's direct LOS direction and the relative direction of the device, and the relative direction of the device is a direction of a line connecting a midpoint of a connection between the first positioning device and the second positioning device to the smart device; and
determining whether the LOS deviation angle is less than a pre-set value: if yes, executing an operation corresponding to the device control instruction; or if not, refraining from responding to the device control instruction; ([0431] The person head 43 pose is in along the line-of-sight direction denoted by a dashed line 44, approximated to initiate from the point in the middle of the person eyes. The improved digital camera 45 is located relative to the head 43 along the line-of-sight 46, forming a deviation angle α 49 with the head 43 pose (gaze) direction line 44. The LWEAR device 50a comprises an antenna 47a (denoted by a black filled circle) that transmits an RF signal propagating along a line 42a. Similarly, the RWEAR device 50b comprises an antenna 47b (denoted by a black filled circle) that transmits an RF signal propagating along a line 42b. The improved digital camera 45 received both RF signals along lines 42a and 42b, respectively from the LWEAR device 50a and the RWEAR device 50b, and by analyzing the signals, such as by comparing the two signal, estimates the deviation angle α 49. In one scenario, shown as an arrangement 40a in FIG. 4a, the person is looking directly at the improved camera 45, hence the person line-of-sight 44 aligns with the direction to the camera 45 line 44, resulting in the deviation angle α 49 having a zero value.).
Regarding claim 7, Sivan discloses the smart device control method according to characterized in that wherein before executing the operation corresponding to the device control instruction, the method further comprises: acquiring a pitch angle of the wearer; judging whether the pitch angle of the wearer is within a pre-set pitch angle range: if yes, proceed to the step of executing an operation corresponding to the device control instruction; or if not, refraining from responding to the device control instruction; ([00431] The improved digital camera 45 received both RF signals along lines 42a and 42b, respectively from the LWEAR device 50a and the RWEAR device 50b, and by analyzing the signals, such as by comparing the two signal, estimates the deviation angle α 49. In one scenario, shown as an arrangement 40a in FIG. 4a, the person is looking directly at the improved camera 45, hence the person line-of-sight 44 aligns with the direction to the camera 45 line 44, resulting in the deviation angle α 49 having a zero value. In another scenario, shown as an arrangement 40a in FIG. 4a, the person is looking further away from the improved camera 45, hence the person line-of-sight 44 forms a larger deviation angle α′ 49′ (α′>α) with the direction to the camera 45 line 44. The value of the estimated angle α 49 may be used to activate, control, or otherwise affect, the improved digital camera 45.).
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Applicant’s supplied reference Sivan (US 2019/0182415 a1) in view of Jaconbsen et a. (US Pat. 10,627,860 B2).
Regarding claims 1, 11, and 12, Sivan discloses a smart device control method, characterized by being applied to a head-mounted smart device comprising a first positioning device and a second positioning device that are symmetrically arranged, ([Fig. 4; 0431]A left wearable device LWEAR 50a is attached to, or worn on, the left part of the body of the person head 43. Similarly, a right wearable device RWEAR 50b is attached to, or worn on, the right part of the body of the person head 43. [abstract] the wearable devices may be head mounted, structured as glasses (i.e. symmetrical)) comprising:
receiving a device control instruction, and acquiring device distance information respectively between the first positioning device and the smart device, and between the second positioning device and the smart device; ([Fig. 7; 0488-00491] a digital camera device 45 receives beacon signals used for commanding or controlling the digital camera 45 based on the alignment detected by the wearable devices 50a and 50b);
calculating a LOS (Line of Sight) deviation angle between a wearer of the head- mounted device and the smart device based on the device distance information, wherein the LOS deviation angle is an angle between the wearer's direct LOS and a relative direction of the device, and the relative direction of the smart device is a direction of a line connecting a midpoint of a connection between the first positioning device and the second positioning device to the smart device; and determining the smart device with a LOS deviation angle less than a pre-set value as a to-be-controlled device, and sending the device control instruction to the to-be- controlled device.
([0431] The person head 43 pose is in along the line-of-sight direction denoted by a dashed line 44, approximated to initiate from the point in the middle of the person eyes. The improved digital camera 45 is located relative to the head 43 along the line-of-sight 46, forming a deviation angle α 49 with the head 43 pose (gaze) direction line 44. The LWEAR device 50a comprises an antenna 47a (denoted by a black filled circle) that transmits an RF signal propagating along a line 42a. Similarly, the RWEAR device 50b comprises an antenna 47b (denoted by a black filled circle) that transmits an RF signal propagating along a line 42b. The improved digital camera 45 received both RF signals along lines 42a and 42b, respectively from the LWEAR device 50a and the RWEAR device 50b, and by analyzing the signals, such as by comparing the two signal, estimates the deviation angle α 49. In one scenario, shown as an arrangement 40a in FIG. 4a, the person is looking directly at the improved camera 45, hence the person line-of-sight 44 aligns with the direction to the camera 45 line 44, resulting in the deviation angle α 49 having a zero value.).
Although Sivan discloses a head-mounted smart device to operate at least one smart device (camera), the reference does not disclose multiple smart devices.
In the same field of endeavor, Jacobson discloses ([Figs. 7A-7C; col. 4, lines 30-44] a headset computer 100 is a completely contained personal computer system including one or more data processor(s) for generating images on the microdisplay 120 and performing other functions. The processor(s) located in the headset computer 100 are capable of interpreting voice commands, detecting hand movements of the wearer (such as through the camera) 160 and/or detecting the wearer's head movements through accelerometers or other motion sensors. These inputs are then interpreted as commands to either the headset computer 100 and/or remote devices with which the headset computer can communicate, such as over wireless interfaces.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to combine the head pose/gaze-based device activation system of Sivan with the multi-device selection and control framework of Jacobsen in order to enable hands-free, intuitive selection and control of any of several smart devices in an environment.
Regarding claims 11, 12, Sivan discloses an electronic device, characterized by comprising a memory and a processor, wherein the memory stores therein a computer program, and the processor calls the computer program in the memory to implement steps of a smart device, {[00472] The control block 63, located within the improved digital camera device 45, may be based on a discreet logic or an integrated device, such as a processor, microprocessor or microcomputer, and may include a general-purpose device or may be a special purpose processing device, such as an ASIC, PAL, PLA, PLD, Field Programmable Gate Array (FPGA), Gate Array, or other customized or programmable device. In the case of a programmable device as well as in other implementations, a memory is required. The controller 63 commonly includes a memory that may include a static RAM (random Access Memory), dynamic RAM, flash memory, ROM (Read Only Memory), or any other data storage medium. The memory may include data, programs, and/or instructions and any other software or firmware executable by the processor.)
Allowable Subject Matter
Claims 2-5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 8 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
None of the prior art alone or in combination disclose the claimed method of setting the smart device with a LOS deviation angle less than the pre-set value as a candidate device; if there are more than one candidate smart device, acquiring a pitch angle of the wearer; and determining the to-be-controlled device from candidate smart devices according to the pitch angle of the wearer, wherein the pitch angle of the wearer is within a pre-set pitch angle range corresponding to the to-be-controlled device (claim 2). Nor do the references disclose the claimed method of determining whether the wearer's LOS direction is towards the smart device based on the distance between the fifth positioning device and the smart device to-be-controlled device, and the distance between the first positioning device or the second positioning device and the smart device (claim 8).
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/DAVETTA W GOINS/Supervisory Patent Examiner, Art Unit 2689