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
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.
1. Claim(s) 1, 10, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kreuger (US 20190167095 A1) in view of Kouider (US 20230284949 A1).
Regarding claim 1:
Kreuger (US 20190167095 A1) discloses a () method, comprising:
presenting a first visual stimulus to a user’s eyes ([0409], stimulus is presented to only one eye of the subject or both eyes), the first visual stimulus being presented stereoscopically at a first virtual depth (i.e. first focus distance based on user position) perceived by the user's depth perception (e.g. convergence is the simultaneous inward movement of eyes toward each other. The eye—divergence is the simultaneous outward movement of both eyes away from each other, when viewing an object. It is a type of vergence eye movement. as the person gets closer to the virtual object or further from the visual element. Motion can occur in any direction or depth relative to the person, as the eye movement is being assessed, see [0297-0298]) and overlapping a first position (i.e. convergence at focus) within a field of view of the user (see Fig. 8, 19-23, [0118, 0226, 0295]);
presenting a second visual stimulus to the user’s eyes, the second visual stimulus being presented stereoscopically at a second virtual depth (i.e. user both eyes looking the object at convergence) perceived by the user's depth perception and overlapping the first position within the field of view of the user ([0406, 0118]);
obtaining neural signals from a neural signal capture device (sensor 322) configured to detect neural activity of the user ( in [0178] discloses the sensors 322, which obtained brain activity, neural activity); in response to determining, based on the neural signals, that the user's eyes are focused on the first visual stimulus (([0406, 0118],;
0178]), and in response to determining, based on the neural signals, that the eyes are focused on the second visual stimulus (([0406, 0118], 0178]).
Note that Kreuger (US 20190167095 A1) discloses a first state associated with the first visual stimulus (see step 642, Fig. 14) and a second state (see step 644, Fig. 14) associated with the second visual stimulus ([0238], Fig. 14-15).
However, Kreuger (US 20190167095 A1) does not specifically disclose placing a computing system into a first state associated with the first visual stimulus and placing the computing system into a second state associated with the second visual stimulus.
Kouider (US 20230284949 A1) discloses placing a computing system associated with visual stimulus ([0093], see Fig. 3, [0091-0093]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kreuger with the teaching of Kouider (US 20230284949 A1), thereby creating high performance HMD system and improving the user experience.
Regarding claim 10:
Kreuger (US 20190167095 A1) discloses a computing system, comprising:
at least one display device (550) (Fig. 13A, [0223]);
a neural signal capture device (sensor 332) configured to detect neural activity of a user (in [0178] discloses the sensors 322, which obtained brain activity, neural activity);
one or more processors (418); and a memory (420) storing instructions that, when executed by the one or more processors ([00442,0445]), cause the computing system to perform operations comprising:
presenting a first visual stimulus stereoscopically to the user's eyes via the at least one display device (550, Fig, 13A) [0023], the first visual stimulus being presented at a first virtual depth perceived by the user's depth perception (i.e. 3D scene) and overlapping a first position within a field of view of the user ([0297-0298], [0118]);
presenting a second visual stimulus stereoscopically to the user’s eyes via the at least one display device ([0023]), the second visual stimulus being presented at a second virtual depth perceived by the user's depth perception and overlapping the first position within the field of view of the user ([0297-0298], [0118]);
obtaining neural signals of the user via the neural signal capture device (322) (user ( in [0178] discloses the sensors 322, which obtained brain activity, neural activity);
in response to determining, based on the neural signals, that the user's eyes are focused on the first visual stimulus, placing the computing system into a first state associated with the first visual stimulus; and
in response to determining, based on the neural signals, that the user's eyes are focused on the first visual stimulus ([0406, 0118], 0178]).
in response to determining, based on the neural signals, that the eyes are focused on the second visual stimulus (([0406, 0118], 0178]).
However, Kreuger (US 20190167095 A1) does not specifically disclose placing a computing system into a first state associated with the first visual stimulus and placing the computing system into a second state associated with the second visual stimulus.
Kouider (US 20230284949 A1) discloses placing a computing system associated with visual stimulus ([0093], see Fig. 3, [0091-0093]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kreuger with the teaching of Kouider (US 20230284949 A1), thereby creating high performance HMD system and improving the user experience.
Regarding claim 20:
A non-transitory computer-readable storage medium storing instructions that, when executed by one or more processors (418) of a computing system (Fig. 13A), cause the computing system to perform operations comprising: presenting a first visual stimulus stereoscopically to a users eyes ([0042,0445]), the first visual stimulus being presented at a first virtual depth perceived by the user's depth perception (i.e. 3D) and overlapping a first position within a field of view of the user (([0297-0298], [0118]);
presenting a second visual stimulus stereoscopically to the eyes ([0042, 0045]), the second visual stimulus being presented at a second virtual depth perceived by the user's depth perception and overlapping the first position within the field of view of the user (([0297-0298], [0118]);
obtaining neural signals of the user via the neural signal capture device (322) (user ( in [0178] discloses the sensors 322, which obtained brain activity, neural activity);
in response to determining, based on the neural signals, that the user's eyes are focused on the first visual stimulus (([0406, 0118], 0178]), and
in response to determining, based on the neural signals, that the eyes are focused on the second visual stimulus (([0406, 0118], 0178]).
Note that Kreuger (US 20190167095 A1) discloses a first state associated with the first visual stimulus (see step 642, Fig. 14) and a second state (see step 644, Fig. 14) associated with the second visual stimulus ([0238], Fig. 14-15).
However, Kreuger (US 20190167095 A1) does not specifically disclose placing a computing system into a first state associated with the first visual stimulus and placing the computing system into a second state associated with the second visual stimulus.
Kouider (US 20230284949 A1) discloses placing a computing system associated with visual stimulus ([0093], see Fig. 3, [0091-0093]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kreuger with the teaching of Kouider (US 20230284949 A1), thereby creating high performance HMD system and improving the user experience.
Regarding claim 19:
Kreuger discloses the at least one display device comprises: a left near-eye (near4 vision) display for presenting the first visual stimulus and second visual stimulus to the left eye ([0040-0044],[0117]); and a right near-eye display for presenting the first visual stimulus and second visual stimulus to the right eye( [0117]).
2. Claim(s) 2-9, 11-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kreuger (US 20190167095 A1) in view of Kouider (US 20230284949 A1) Fateh (US 20160133170 A1).
Regarding claims 2 and 11:
Kreuger in view of Kouider does not specifically disclose wherein: the second virtual depth is greater than the first virtual depth.
However, Fateh (US 20160133170 A1) discloses wherein: the second virtual depth (i.e. distance of 1320 at A from user’s both eyes) is greater than the first virtual depth (i.e., distance of 1328 at B from user’s both eyes [0040-0041]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kreuger with the teaching of Kouider and Fateh, thereby providing high efficient data transmission in the HMD.
Regarding claims 3 and 12:
Kreuger in view of Kouider and Fateh discloses wherein: the presenting of the first visual stimulus at the first virtual depth comprises: presenting the first visual stimulus to the user’s eyes (user’s eyes at A) at respective locations requiring vergence (converge at A, see Fig. 13) of the user’s eyes at a first vergence corresponding to the first virtual depth in order for the user’s eyes to focus on the first visual stimulus ([0090]); and
the presenting of the second visual stimulus at the second virtual depth comprises: presenting the second visual stimulus to the user’s eyes at respective locations (i.e. at B) requiring vergence of the user’s eyes at a second vergence corresponding to the second virtual depth in order for the user’s eyes to focus on the second visual stimulus ([0040-0041]).
Same motivation as applied to claim 2.
Regarding claims 4 and 13:
Kreuger in view of Kouider discloses wherein: the presenting of the first visual stimulus at the first virtual depth further comprises: presenting the first visual stimulus to the user’s eyes at a first focal distance (pupillary distance) corresponding to the first virtual depth ([0076]); and the presenting of the second visual stimulus at the second virtual depth further comprises: presenting the second visual stimulus to the user’s eyes at a second focal distance corresponding to the second virtual depth ([0040-0041], [0076], Fig. 13). Same motivation as applied to claim 2.
Regarding claims 5 and 14:
Kreuger in view of Kouider (US 20230284949 A1) discloses placing a computing system associated with visual stimulus (see Kouider, Fig. 3, [0091-0093]);and
Kreuger in view of Kouider and Fateh discloses wherein: the first state (i.e. A) is an exploration state (Fateh, [0040-0041], see Fig. 13A); and
the second state (B, see Fateh, Fig. 13A) is a selection state in which a command associated with the second visual stimulus (Fateh, [0040-0041]). Same motivation as applied to claim 2.
Regarding claims 6 and 15:
Kreuger in view of Kouider discloses the computing system is placed into the selection state associated with the visual stimulus (see Kouider, Fig. 3, [0091-0093]);and
Kreuger in view of Fateh discloses wherein the second visual stimulus in the exploration state associated with the first visual stimulus (Fateh, [0040-0041], see Fig. 13A). Same motivation as applied to claim 2.
Regarding claims 7 and 16:
Kreuger in view of Kouider and Fateh discloses wherein:
the first visual stimulus is presented with a first modulation (modulation at A);
the second visual stimulus is presented with a second modulation (modulation at B); the determining that the user’s eyes are focused on the first visual stimulus comprises:
determining a strength of components of the neural signals (component of HMD, see Fig. 2A at convergence at A ) having a property (focus at A) associated with the first modulation [0037-0044, 0071]; and
the determining that the user’s eyes are focused on the second visual stimulus (at B, see Fig.2A) comprises:
determining a strength of components of the neural signals having a property associated with the second modulation (see Fateh, [0037-0044, 0071-0072], Fig. 13). Same motivation as applied to claim 2.
Regarding claims 8 and 17:
Kreuger in view of Kouider and Fateh discloses : presenting one or more additional visual stimuli to the user’s eyes , the one or more additional visual stimuli being presented at one or more respective additional virtual distances (i.e. at point B, see Fig. 13A) and overlapping (overlapping at B at ) the first position within the user’s field of view (see Fateh, [0040-0044]); and
placing a computing system (EEG, see Fig. 3) into a further state associated with the respective one of the additional visual stimuli (( see Kouider, [0093], see Fig. 3, [0091-0093]). Same motivation as applied to claim 2.
Regarding claims 9 and 18:
Kreuger in view of Kouider and Fateh discloses ses wherein: the first virtual depth and second virtual depth are each a respective function of an inter-pupillary distance (IPD) between a pupil of the user’s right eye and a pupil of the user’s left eye (see Kreuger, [0426] and Fateh, Fig. 13A, [0040-0044] [0076]); t
the method further comprises prompting the user to focus both eyes on a real-world object at a known real-world depth (viewing characteristics that prompt the change could include the current size of the overlap shown to the user, whether the digital content is augmented or virtual reality content, the type of digital content (e.g., movies, video games), see Fateh, [0099],[0040-0044]); the first state is a state in which the user’s IPD is determined to be a first value (see Fateh, [0040-0044], [0076]); and the second state is a state in which the user’s IPD is determined to be a second value (see Fateh, [0040-0044], [0076]). Same motivation as applied to claim 2.
Pertinent art
3. Pertinent art of record US 20030184860 A1 discloses display device.
Inquiry
4. Any inquiry concerning this communication or earlier communication from the examiner should be directed to Shaheda Abdin whose telephone number is (571) 270-1673.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LunYi Lao could be reached at (571) 272-7671. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAHEDA A ABDIN/ Primary Examiner, Art Unit 2621