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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Acknowledgment is made of receipt of Information Disclosure Statement (PTO-1449) filed 03/11/2024. An initialed copy is attached to this Office Action.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 16, 17 and 28-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 11, 12, 14 and 15 of U.S. Patent No. 12,468,164. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the referenced patent encompasses the subject matter of the claims presented in the current application.
Independent claims 16, 29 and 30 of the current application recite a nose pad eye or gaze tracking module configured to be fastened and unfastened to a head wearable device, wherein the module comprises a first part, a second part and electronic components. The first part having a U-shaped portion including two arms adaptable and compatible with a nose of a user, and housing at least one left and right eye sensor in the arms. The second part having a mechanical interface to connect the module to the head wearable device. The electronic components including at least a data processing unit, a memory, and a data interface, that connect the module to a computer device. The subject matter of the independent claims is the same as that of the combination of independent claims 1, 14 and 15 with dependent claim 2 of the referenced patent. Additionally, the subject matter of dependent claims 2-5, 11 and 12 of the referenced patent recite the same connection configuration and camera of dependent claims 17 and 28, respectively.
Claim Objections
Claim 16 is objected to because of the following informalities: line 13 recites “the smart glasses” rather than “the head wearable device”. Appropriate correction is required.
Claim 30 is objected to because of the following informalities: line 6 recites “said eye tracking module” rather than “the nose pad gaze tracking module”. Appropriate correction is required.
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.
Claims 16-18 and 27-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kassner (WO 2021/164867 A1).
Regarding claim 16, Kassner discloses a nose pad eye tracking module (100) configured to be at least one of fastened to and unfastened from a head wearable device (500) (see Fig. 2A, Paragraph 133), thus creating a gaze tracking device (Paragraph 36, Lines 1-2), the eye tracking module comprising: a first part (130) having a first part frame having a U-shaped portion (138) including two arms (134, 135) and being adaptable and compatible with a nose of a user when in use (see Fig. 1A, Paragraph 114, Lines 3-5), said first part frame housing at least one left eye sensor (140) and one right eye sensor (150) (Paragraph 115, Line 3), said eye sensors (140, 150) being arranged on the arms (134, 135) to detect a plurality of pupil position images of the user when in use (see Fig. 1A, Paragraphs 38, 107); a second part (120) having a second part frame (110) and including a mechanical interface (170) configured to connect the module (100) to the head wearable device (500) (see Fig. 2A, Paragraph 138); electronic components including at least a data processing unit, a memory, and a data interface (Paragraphs 57, 70, 88-90, 107 – the cited paragraphs include “electronics”, “data exchange”, “controller”, etc. and functions that imply the recited electronic components for the module), said electronic components being configured to connect the module to a computer device (“computing companion device”) and to send to said computer device (“computing companion device”) eye movement information of the user wearing the smart glasses to which is fastened the nose pad eye tracking module (100) when in use (Paragraphs 104, 105), wherein the module (100) is a finished product being ready to be used once mechanically and electrically fastened to the head wearable device (500) (see Fig. 2B, Paragraph 65); wherein the first part (130) comprises two arms (134, 135) designed as nose pads configured to be customizable on different nose shapes when the module is fastened to the head wearable device (500) (Paragraph 76); wherein the mechanical interface (170) is arranged on a top of the second part frame (120) and comprises electrical and electronic interfaces connectable to corresponding downward mechanical, electrical, and electronic interfaces arrangeable on one of (see Fig. 1D, Paragraph 62, Line 1, Paragraphs 64, 65): a central portion (570) of the head wearable device (500) (see Fig. 2A); and a further extension of the central portion of the head wearable device (see Figs. 5A-C); and wherein the module (100) is configured to be bottom-up connectable to the head wearable device (500) (Paragraph 62, Line 1 discloses “the electric connector may be arranged on a top surface of the module” along with Paragraph 64 teaching “plug or socket” and Paragraph 65 teaching “snap fit elements, magnets… screws or threaded holes” for connection methods to the head wearable device, all teach a “bottom-up” connection with said head wearable device). The configuration recited in the claim is realized within the teachings of Kassner.
Regarding claim 17, Kassner discloses wherein the second part frame (120) comprises an upward section shape connectable to a corresponding downward section shape of one of the central portion and the further extension of the central portion of the head wearable device (500) (The combination of Paragraph 62, Line 1 which discloses “the electric connector may be arranged on a top surface of the module” along with Paragraph 64 teaching “plug or socket” and Paragraph 65 teaching “snap fit elements, magnets… screws or threaded holes”, implies an upward section shape and downward section shape connection with the head wearable device). The configuration recited in the claim is realized within the teachings of Kassner.
Regarding claim 18, Kassner discloses wherein the mechanical interface comprises an ending portion of a PCB (Paragraphs 90, 102 – it is inherent for the electric connector to have circuitry including a PCB).
Regarding claim 27, Kassner discloses wherein the mechanical interface (170) comprises one of: a guide; at least two retaining lips; a longitudinal aperture dividing two conduction traces; a plurality of longitudinal apertures dividing each conduction trace from one another; two lateral protruding arms having retaining lips configured to firmly engage corresponding lateral engaging notches designed on a corresponding counterpart ending portion; and a protrusion on the second part frame configured to match a corresponding boundary seat on the corresponding counterpart ending portion (Paragraphs 63-67). The cited paragraphs teach the electrical connector, interpreted as the “mechanical interface”, to have several different types of configurations such as “plug or socket”, “snap fit”, “screw” connections. These configurations are interpreted as comprising the recited “guide”.
Regarding claim 28, Kassner discloses wherein the module (100) comprises at least one field of view camera (Paragraph 139).
Regarding claim 29, Kassner discloses a method for fastening a nose pad gaze tracking module (100) to a head wearable device (500) (see Figs. 2A-5C), wherein: the nose pad gaze tracking module (100) is configured to be fastened to and unfastened from head wearable device (500) not provided with any nose pads (see Fig. 2A, Paragraph 133), thus creating an gaze tracking device (Paragraph 36, Lines 1-2); the nose pad gaze tracking comprises a first part (130) having a first part frame having a U-shaped portion (138) including two arms (134, 135) and being adaptable and compatible with a nose bone of a user when in use (see Fig. 1A, Paragraph 114, Lines 3-5), said first part frame housing at least one left eye sensor (140) and one right eye sensor (150) (Paragraph 115, Line 3), said eye sensors (140, 150) being arranged on the arms (134, 135) to detect a plurality of pupil position images of the user when in use (see Fig. 1A, Paragraphs 38, 107); said module further comprises a second part (120) having a second part frame (110) and including a mechanical interface (170) configured to connect the module (100) to the head wearable device (500) (see Fig. 2A, Paragraph 138); said module further comprising electronic components including at least a data processing unit, a memory, and a data interface (Paragraphs 57, 70, 88-90, 107 – the cited paragraphs include “electronics”, “data exchange”, “controller”, etc. and functions that imply the recited electronic components for the module), the electronic components being configured to connect the module to a computer device (“computing companion device”), and the electronic components being configured to send to said computer device (“computing companion device”) eye movement information of the user wearing the head wearable device to which is fastened the nose pad gaze tracking module (100) (Paragraphs 104, 105), the module (100) is configured to be used when mechanically fastened to the head wearable device (500) (see Fig. 2B, Paragraph 65), and the first part (130) comprises two arms (134, 135) designed as nose pads configured to be customizable on different nose shapes when the module is fastened to the head wearable device (500) (Paragraph 76); and the mechanical interface (170) is arranged on a top of the second part frame (120) and comprises specific electrical and electronic interfaces connectable to corresponding downward mechanical, electrical, and electronic interfaces arrangeable on one of a central portion (570) of the head wearable device (500) and a further extension of the central portion of the head wearable device (see Figs. 1D, 2A, 5A-C, Paragraph 62, Line 1, Paragraphs 64, 65), thus making the module (100) configured to be bottom-up connectable to the head wearable device (500) (Paragraph 62); the method comprising: providing said nose pad gaze tracking module (100); providing the head wearable device (500); and bottom-up fastening and connecting the nose pad gaze tracking module (100) to the head wearable device (500) at the central portion of the head wearable device to form a single unitary structure (Paragraph 62, Line 1 discloses “the electric connector may be arranged on a top surface of the module” along with Paragraph 64 teaching “plug or socket” and Paragraph 65 teaching “snap fit elements, magnets… screws or threaded holes” for connection methods to the head wearable device, all teach a “bottom-up” fastening with said head wearable device). The configuration recited in the claim is realized within the teachings of Kassner.
Regarding claim 30, Kassner discloses a gaze tracking device (see Figs. 2B-5C), comprising: a head wearable device (500) (see Fig. 2A, Paragraph 133); and a nose pad gaze tracking module (100); wherein the nose pad gaze tracking module is configured to be fastened to and unfastened from the head wearable device (500) not having any nose pads (see Figs. 2A-5C), thus creating a gaze tracking device (Paragraph 36, Lines 1-2), wherein said eye tracking module comprises a first part (130) having a first part frame having a U-shaped portion (138) including two arms (134, 135), being adaptable and compatible with a nose bone of a user when in use (see Fig. 1A, Paragraph 114, Lines 3-5), said first part frame housing at least one left eye sensor (140) and one right eye sensor (150) (Paragraph 115, Line 3), said eye sensors (140, 150) being arranged on the arms (134, 135) to detect a plurality of pupil position images of the user when in use (see Fig. 1A, Paragraphs 38, 107); wherein said module further comprises a second part (120) having a second part frame (110) and including a mechanical interface (170) configured to connect the module (100) to the head wearable device (500) (see Fig. 2A, Paragraph 138), said gaze tracking module further comprising electronic components including at least a data processing unit, a memory, and a data interface (Paragraphs 57, 70, 88-90, 107 – the cited paragraphs include “electronics”, “data exchange”, “controller”, etc. and functions that imply the recited electronic components for the module), said electronic components configured to connect the module to a computer device (“computing companion device”), and to send to said computer device (“computing companion device”) eye movement information of the user wearing the head wearable device to which is fastened the nose pad gaze tracking module (100) (Paragraphs 104, 105), wherein the module (100) is configured to be used when mechanically fastened to the head wearable device (500) (see Fig. 2B, Paragraph 65), and the first part (130) comprises two arms (134, 135) designed as nose pads configured to be customizable on different nose shapes when the module is fastened to the head wearable device (500) (Paragraph 76); and wherein the mechanical interface (170) is arranged on a top of the second part frame (120) and comprises electrical and electronic interfaces connectable to corresponding downward mechanical, electrical, and electronic interfaces arrangeable on one of a central portion (570) of the head wearable device (500) and a further extension of the central portion (see Figs. 1D, 2A, 5A-C, Paragraph 62, Line 1, Paragraphs 64, 65), thus making the module (100) configured to be bottom-up connectable to the head wearable device (500) (Paragraph 62, Line 1 discloses “the electric connector may be arranged on a top surface of the module” along with Paragraph 64 teaching “plug or socket” and Paragraph 65 teaching “snap fit elements, magnets… screws or threaded holes” for connection methods to the head wearable device, all teach a “bottom-up” connection with said head wearable device). The configuration recited in the claim is realized within the teachings of Kassner.
Allowable Subject Matter
Claims 19-26 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.
The following is a statement of reasons for the indication of allowable subject matter: none of the references, alone or in combination, disclose or teach a nose pad eye tracking module of claim 18, specifically comprising the ending portion of a PCB comprising two parallel elements being spaced apart from one another forming a seat and supporting a number of conduction traces facing the seat, the seat being adapted to house a corresponding ending portion of a further PCB included in the head wearable device as recited in dependent claim 19.
Prior Art Citations
Oudenhoven et al. (USPG Pub No. 2025/0334796) is being cited herein to show a nose pad gaze or eye tracking module relevant to the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM.
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 1/24/2026