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 submitted under 35 U.S.C. 119(a)-(d), based on an application filed in Italian Republic on 8/28/2023. The Applicant has filed a certified copy of the IT102023000017643 application as required by 37 CFR 1.55, which has been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/04/2026, 07/28/2025, 12/08/2025, 02/17/2025 and 08/14/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings received on 8/14/2023 are accepted to by the Examiner.
Claim Rejections - 35 USC § 102
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 1 and 3-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alessi et al. (US 2023/0137601).
Regarding claim 1, Alessi teaches a circuit for detecting a movement of a first eye and a second eye of a user (refer to US 2023/0137601, Fig. 4), the circuit comprising:
a first movement sensor comprising a first electrode and a second electrode aligned along a first movement axis (first and second electrodes 22a and 22b are arranged so that they detect the movements of the eye, [0029], aligned with each other along a first axis 19, [0028], Fig. 4,), spaced apart by a first distance, positionable proximate to the first eye (left eye, Fig. 4 shows 22a and 22b are spaced apart by a first distance; D1; Fig. 3 shows two electrodes, [0029]), and configured to detect, respectively, a first electrostatic charge variation and a second electrostatic charge variation generated by the movement of the first eye along the first movement axis (left eye, Fig. 4; electrodes 22a and 22b configured to detect electrostatic charge variations generated by movements of the eyes, [0002]; a first electrostatic charge variation signal indicative of a difference between the electrostatic charge variations detected by the first and the second electrodes, verifying, by the controller, [abstract]; FIG. 1, a first left electrostatic charge variation sensor and a first right electrostatic charge variation sensor (shown in FIG. 1 with the respective references 20a and 20b, [0021]); a second movement sensor comprising a third electrode and a fourth electrode aligned along a second movement axis, spaced apart by a second distance, positionable proximate to the second eye (right eye; Fig. 4; a third and a fourth electrode 22c and 22d which are spaced both from each other; [0031]; electrodes 22c and 22d configured to detect electrostatic charge variations generated by movements of the eyes, [0002]; Fig. 4; the second movement corresponds to a movement of the cornea 30a from the fourth electrode 22d to the third electrode 22c; [0075], that is uo-down; Fig. 4), and configured to detect, respectively, a third electrostatic charge variation and a fourth electrostatic charge variation generated by the movement of the second eye along the second movement axis, (number of electrostatic charge variation sensors may be greater, third electrostatic charge variation sensors, third electrostatic charge variation sensor the respective sensor control unit 15 is configured to process respective detection signals [0091]; a second axis orthogonal to the first axis, [0091]) the second movement axis being transverse to the first movement axis (aligned with each other along a second axis orthogonal to the first axis, [0091]); and a control circuit coupled to the first movement sensor and the second movement sensor (control unit 15 is configured to process respective detection signals S.sub.R acquired, [0091]; Fig. 4 shows control circuit 15 for left eye and for right eye), the control circuit (15) configured to: acquire a first electrostatic charge variation signal indicative of a difference between the first electrostatic charge variation and the second electrostatic charge variation, (electrodes 22a and 22b configured to detect electrostatic charge variations and electrodes 22c and 22d configured to detect electrostatic charge variations generated, by movements generated by movements of the left and right eyes; Fig. 4 shows the electrodes 22a-d, axis 19 and another axis is orthogonal to the first axis [0091]) acquire a second electrostatic charge variation signal indicative of a difference between the third electrostatic charge variation and the fourth electrostatic charge variation, detect, starting from the first electrostatic charge variation signal and the second electrostatic charge variation signal, an event indicative of eye displacement along the first movement axis or the second movement axis (Fig. 3 shows eye displacement along the second axis, up-down), and determine the movement of the first eye and the second eye based on the event (in Fig. 3 pair of electrodes are placed on top and bottom; To measure the eye movement, pairs of electrodes, here 22a and 22b, are placed above and below the eye, [0004], eye 30 operates as an electric dipole with a positive pole at the cornea 30a and a negative pole at the retina (indicated in FIG. 3 with the reference 30b), the movements of the eye 30 generate electric field variations in the environment surrounding the eye 30, and these electric field variations induce variations in the induced electrostatic charge which are detectable through the electrodes 22a and 22b [0032]; third and fourth electrodes 20c and 20d, for each third electrostatic charge variation sensor the respective sensor control unit 15 is configured to process respective detection signals, [0091]; electrostatic charge variation sensor comprises a sensor control unit 15 and two or more electrodes which are spaced from each other, [0022]).
Regarding claim 8, Alessi teaches wearable device (refer to US 2023/0137601, Fig. 4), comprising: a frame; and a circuit for detecting a movement of a first eye and a second eye of a user (Fig. 4, glasses comprising the first electrostatic charge variation sensors and second electrostatic charge variation sensors, [0014]), the circuit arranged on the frame (Fig. 4, eyeglass frame) and comprising: a first movement sensor comprising a first electrode and a second electrode aligned along a first movement axis (first and second electrodes 22a and 22b are arranged so that they detect the movements of the eye, [0029], aligned with each other along a first axis 19, [0028], Fig. 4,), spaced apart by a first distance, position able proximate to the first eye (left eye, Fig. 4 shows 22a and 22b are spaced apart by a first distance; D1; Fig. 3 shows two electrodes, [0029]), and configured to detect, respectively, a first electrostatic charge variation and a second electrostatic charge variation generated by the movement of the first eye along the first movement axis (left eye, Fig. 4; electrodes 22a and 22b configured to detect electrostatic charge variations generated by movements of the eyes, [0002]; a first electrostatic charge variation signal indicative of a difference between the electrostatic charge variations detected by the first and the second electrodes, verifying, by the controller, [abstract]; FIG. 1, a first left electrostatic charge variation sensor and a first right electrostatic charge variation sensor (shown in FIG. 1 with the respective references 20a and 20b, [0021]); a second movement sensor comprising a third electrode and a fourth electrode aligned along a second movement axis, spaced apart by a second distance, positionable proximate to the second eye (right eye; Fig. 4; a third and a fourth electrode 22c and 22d which are spaced both from each other; [0031]; electrodes 22c and 22d configured to detect electrostatic charge variations generated by movements of the eyes, [0002]; Fig. 4; the second movement corresponds to a movement of the cornea 30a from the fourth electrode 22d to the third electrode 22c; [0075], that is uo-down; Fig. 4), and configured to detect, respectively, a third electrostatic charge variation and a fourth electrostatic charge variation generated by the movement of the second eye along the second movement axis, (number of electrostatic charge variation sensors may be greater, third electrostatic charge variation sensors, third electrostatic charge variation sensor the respective sensor control unit 15 is configured to process respective detection signals [0091]; a second axis orthogonal to the first axis, [0091]) the second movement axis being transverse to the first movement axis (aligned with each other along a second axis orthogonal to the first axis, [0091]); and a control circuit coupled to the first movement sensor and the second movement sensor (control unit 15 is configured to process respective detection signals S.sub.R acquired, [0091]; Fig. 4 shows control circuit 15 for left eye and for right eye), the control circuit (15) configured to: acquire a first electrostatic charge variation signal indicative of a difference between the first electrostatic charge variation and the second electrostatic charge variation, (electrodes 22a and 22b configured to detect electrostatic charge variations and electrodes 22c and 22d configured to detect electrostatic charge variations generated, by movements generated by movements of the left and right eyes; Fig. 4 shows the electrodes 22a-d, axis 19 and another axis is orthogonal to the first axis [0091]) acquire a second electrostatic charge variation signal indicative of a difference between the third electrostatic charge variation and the fourth electrostatic charge variation, detect, starting from the first electrostatic charge variation signal and the second electrostatic charge variation signal, an event indicative of eye displacement along the first movement axis or the second movement axis (Fig. 3 shows eye displacement along the second axis, up-down), and determine the movement of the first eye and the second eye based on the event (in Fig. 3 pair of electrodes are placed on top and bottom; To measure the eye movement, pairs of electrodes, here 22a and 22b, are placed above and below the eye, [0004], eye 30 operates as an electric dipole with a positive pole at the cornea 30a and a negative pole at the retina (indicated in FIG. 3 with the reference 30b), the movements of the eye 30 generate electric field variations in the environment surrounding the eye 30, and these electric field variations induce variations in the induced electrostatic charge which are detectable through the electrodes 22a and 22b [0032]; third and fourth electrodes 20c and 20d, for each third electrostatic charge variation sensor the respective sensor control unit 15 is configured to process respective detection signals, [0091]; electrostatic charge variation sensor comprises a sensor control unit 15 and two or more electrodes which are spaced from each other, [0022]).
Regarding claim 20, Alessi teaches a non-transitory computer-readable media storing computer instructions that when executed by a processor, causes the processor (refer to Alessi et al. US 20230137601; a computer program product, [0009], a microprocessor, a microcontroller or a dedicated calculation unit comprises, such as a memory, e.g. a non-volatile memory, for storing the acquired data [0020]; a non-transitory computer readable media loadable into a controller, [claim 18]) to: detect, by a first electrode (22a) of a first movement sensor (by electrode 22a, first electrostatic charge variation sensors 20a; Fig. 4; [0039]), a first electrostatic charge variation generated by a movement of a first eye along a first movement axis (axis 19; [0028], Fig. 4; each electrode 22a, 22b detects a respective electrostatic charge variation caused by movements of the eyes of the user, [0023]); detect, by a second electrode of the first movement sensor (22b of 20a; each electrode 22a, 22b detects a respective electrostatic charge variation caused by movements of the eyes of the user, [0023]), a second electrostatic charge variation generated by the movement of the first eye (left eye) along the first movement axis (axis 19, []; each electrode 22a, 22b detects a respective electrostatic charge variation caused by movements of the eyes of the user, [0023]), the first electrode and the second electrode aligned along the first movement axis (22a and 22b aligned along the first movement axis 19), spaced apart by a first distance (see Fig. 4, 22a and 22b are spaced apart by a first distance), and positionable proximate to the first eye (left eye in Fig. 4); detect, by a third electrode (22c of right eye) of a second movement sensor (20b), a third electrostatic charge variation generated by a movement of a second eye along a second movement axis (detects a respective electrostatic charge variation caused by movements of the eyes of the user, [0023], right eye); detect, by a fourth electrode of the second movement sensor (22d of tight eye), a fourth electrostatic charge variation generated by the movement of the second eye along the second movement axis (right eye along the axis orthogonal to axis 19), the third electrode (22c) and the fourth electrode (22d) aligned along the second movement axis (orthogonal to axis 19), spaced apart by a second distance (see Fig. 4), and positionable proximate to the second eye (right eye), the second movement axis being transverse to the first movement axis (axis 19 and axis orthogonal to axis 19; Fig. 4 ); acquire, by a control circuit (15) coupled to the first movement sensor and the second movement sensor (control unit 15 is configured to process respective detection signals S.sub.R acquired, [0091]; Fig. 4 shows control circuit 15 for left eye and for right eye), a first electrostatic charge variation signal indicative of a difference between the first electrostatic charge variation and the second electrostatic charge variation (electrodes 22a and 22b configured to detect electrostatic charge variations and electrodes 22c and 22d configured to detect electrostatic charge variations generated, by movements generated by movements of the left and right eyes; Fig. 4 shows the electrodes 22a-d, axis 19 and another axis is orthogonal to the first axis [0091]); acquire, by the control circuit (15), a second electrostatic charge variation signal indicative of a difference between the third electrostatic charge variation and the fourth electrostatic charge variation; detect, by the control circuit, an event indicative of eye displacement along the first movement axis or the second movement axis starting from the first electrostatic charge variation signal and the second electrostatic charge variation signal; and determine, by the control circuit, the movement of the first eye and the second eye based on the event (in Fig. 3 pair of electrodes are placed on top and bottom; To measure the eye movement, pairs of electrodes, here 22a and 22b, are placed above and below the eye, [0004], eye 30 operates as an electric dipole with a positive pole at the cornea 30a and a negative pole at the retina, indicated in FIG. 3 with the reference 30b, the movements of the eye 30 generate electric field variations in the environment surrounding the eye 30, and these electric field variations induce variations in the induced electrostatic charge which are detectable through the electrodes 22a and 22b [0032]; third and fourth electrodes 20c and 20d, for each third electrostatic charge variation sensor the respective sensor control unit 15 is configured to process respective detection signals, [0091]; electrostatic charge variation sensor comprises a sensor control unit 15 and two or more electrodes which are spaced from each other, [0022]).
Regarding claim 3, Alessi teaches the circuit according to claim 1 (see above), wherein the first movement axis and the second movement axis are orthogonal to each other, or wherein the first movement axis is parallel to a longitudinal axis of the user’s face (a second axis orthogonal to the first axis, [0091]), wherein the second movement axis is parallel to, or coincident with, a transverse axis of the user’s face (Fig. 4 shows first axis 19 and second axis orthogonal to the first axis), wherein the longitudinal axis is equidistant from the first eye and the second eye, and wherein the transverse axis passes through the first eye and the second eye (first axis 19 in the Fig. 4 and orthogonal to the first axis. The axes are equidistant from the first eye and the second eye, and wherein the transverse axis passes through the first eye and the second eye, Fig. 4).
Regarding claim 4, Alessi teaches the circuit according to claim 1 (see above), wherein the first electrode and the second electrode extend from sides opposite to each other of the first eye along the first movement axis, and wherein the third electrode and the fourth electrode extend from sides opposite to each other of the second eye along the second movement axis (Fig. 4 shows left eye, electrodes 22a and 22b extend from sides opposite to each and the first movement axis is 19, and the third electrode 22c and the fourth electrode 22d extend from sides opposite to each other of the second eye along the second movement axis orthogonal to the first axis [0091]),
Regarding claims 5 and 14, Alessi teaches the circuit according to claim 1 (see above), wearable device according to claim 8 (see above), wherein the first movement sensor further comprises a fifth electrode and a sixth electrode aligned along a first parallel movement axis transverse or orthogonal to the first movement axis (Fig. 4, 22c-d, left eye), spaced apart by a third distance, positionable proximate to the first eye, and configured to detect, respectively, a fifth electrostatic charge variation and a sixth electrostatic charge variation (20c, 20d) generated by the movement of the first eye along the first parallel movement axis, wherein the second movement sensor further comprises a seventh electrode and an eighth electrode (20c, 20d right eye) aligned along a second parallel movement axis transverse or orthogonal to the second movement axis (orthogonal to axis 19), spaced apart by a fourth distance, positionable proximate to the second eye (right eye, Fig. 4), and configured to detect, respectively, a seventh electrostatic charge variation and an eighth electrostatic charge variation generated by the movement of the second eye along the second parallel movement axis, the second parallel movement axis being transverse or orthogonal to the first parallel movement axis, wherein the control circuit is configured to: acquire a third electrostatic charge variation signal indicative of a difference between the fifth electrostatic charge variation and the sixth electrostatic charge variation, acquire a fourth electrostatic charge variation signal indicative of a difference between the seventh electrostatic charge variation and the eighth electrostatic charge variation, detect, starting from the third electrostatic charge variation signal and the fourth electrostatic charge variation signal, a second event indicative of eye displacement along the first parallel movement axis or the second parallel movement axis, and determine the movement of the first eye and the second eye based on the second event (glasses may comprise one or more third electrostatic charge variation sensors, similar to the second electrostatic charge variation sensors 20c and 20d, each of these comprising a respective pair of electrodes (not shown, for example a fifth and a sixth electrode) for an improved detection of the fifth and sixth activities. For example, the fifth and sixth electrodes are spaced from the electrodes 22a-22d, are radially internal with respect to the first and second electrodes 22a, 22b with respect to the center of the respective lens 14a, 14b, are distant from each other by the second mutual distance D.sub.2 and are fixed to the respective lens 14a, 14b so as to face the eye 30 of the user when the latter wears the glasses 10. In particular, the fifth and sixth electrodes are angularly equi-spaced with respect to the third and fourth electrodes 22c and 22d with respect to the center of the respective lens 14a, 14b. For example, the fifth and sixth electrodes are aligned with each other along a second axis (not shown) orthogonal to the first axis, such that they are arranged as a cross with respect to the third and fourth electrodes 22c, 22d where the center of this cross corresponds to the center of the respective lens 14a, 14b, and therefore to a center of the eye 10, e.g. at the position of the pupil when the user's gaze is oriented along a direction orthogonal to the face. In this manner the movements of the eyes 30 in the absence of blink may be detected in a more efficient and accurate manner. Similarly to what has already been described for the third and fourth electrodes 20c and god, for each third electrostatic charge variation sensor the respective sensor control unit 15 is configured to process respective detection signals S.sub.R acquired through the fifth and sixth electrodes and to generate a respective further second electrostatic charge variation signal indicative of a difference between the detection signals S.sub.R acquired through the fifth and sixth electrodes, and therefore indicative of a difference between the electrostatic charge variations detected through the fifth and sixth electrodes, [0091]; the orientation of the second movement obviously depends on the position of the third and fourth electrodes 22c and 22d with respect to the eye 30, and therefore may also correspond, for example, to a movement of the cornea 30a from right to left. [0075]).
Regarding claim 6, Alessi teaches the circuit according to claim 1 (see above), wherein the first electrode, the second electrode, the third electrode, and the fourth electrode are releasably fixed to the user’s skin (To measure the eye movement, pairs of electrodes are placed around the eye and in contact with the skin of the face, [0004]).
Regarding claim 7, Alessi teaches the circuit according to claim 1 (see above), wherein the circuit is hosted by a wearable device (Fig. 4 shows on pair of glasses), the wearable device being an eyewear device, a wearable eyeglass device, a smart wearable eyeglass device, a headset, or an augmented reality headset (wearable eyeglass device, Fig. 4).
Regarding claim 9, Alessi teaches the wearable device according to claim 8 (see above), wherein the frame comprises a first support portion and a second support portion coupled to each other (Fig. 4, 12a and 12b are a first support portion and a second support portion coupled to each other, [0018]) and configured to, respectively, face the first eye and the second eye (eye glass frame, face the first eye and the second eye), wherein the first electrode and the second electrode are fixed to the first support portion and arranged opposite to each other with respect to the first support portion along the first movement axis (first and second electrodes 22a and 22b are arranged so that they detect the movements of the eye, [0029], electrodes are fixed to the first support portion 12a and arranged opposite to each other with respect to the first support portion along the first movement axis 19, Fig. 4), wherein the third electrode and the fourth electrode are fixed to the second support portion and arranged opposite to each other with respect to the second support portion along the second movement axis (third and a fourth electrode 22c and 22d fixed to the second support portion 12b which are spaced both from each other; [0031]; a second axis orthogonal to the first axis, [0091]).
Regarding claim 10, Alessi teaches the wearable device according to claim 8 (see above), further comprising a first lens and a second lens (lens 14a, 14b, [0091]; Fig. 4), the first lens facing the first eye, and the second lens facing the second eye (see Fig. 4), wherein the frame comprises a first support portion and a second support portion coupled to each other and configured to, respectively, face the first eye and the second eye (Fig. 4, 12a and 12b are a first support portion and a second support portion coupled to each other and configured to, respectively, face the first eye and the second eye, see Fig. 4), wherein the first lens is fixed to, and carried by, the first support portion, wherein the second lens is fixed to, and carried by, the second support portion (see Fig. 4, lens 14a and 14b are fixed to the support portions), wherein the first electrode and the second electrode are fixed to, and carried by, the first lens (22a and 22b are fixed and carried by, the first lens), and wherein the third electrode and the fourth electrode are fixed to, and carried by, the second lens (22c and 22d are fixed and carried by the second lens, see Fig. 4).
Regarding claim 11, Alessi teaches wearable device according to claim 8 (see above), wherein the wearable device is an eyewear device, a wearable eyeglass device, a smart wearable eyeglass device, a headset, or an augmented reality headset (wearable eyewear device, Fig. 4).
Regarding claim 12, Alessi teaches wearable device according to claim 8 (see above), wherein the first movement axis and the second movement axis are orthogonal to each other (first movement axis is 19 [0031], and a second axis orthogonal to the first axis, [0091]). or wherein the first movement axis is parallel to a longitudinal axis of the user’s face, wherein the second movement axis is parallel to, or coincident with, a transverse axis of the user’s face (is parallel to user’s face, Fig. 4), wherein the longitudinal axis is equidistant from the first eye and the second eye, and wherein the transverse axis passes through the first eye and the second eye (first axis 19 in the Fig. 4 and orthogonal to the first axis. The axes are equidistant from the first eye and the second eye, and wherein the transverse axis passes through the first eye and the second eye).
Regarding claim 13, Alessi teaches wearable device according to claim 8 (see above),
wherein the first electrode and the second electrode extend from sides opposite to each other of the first eye along the first movement axis (Fig. 4, first electrode 22a and the second electrode 22b extend from sides opposite to each other of the first eye along the first movement axis 19), and wherein the third electrode (22c, Fig 4) and the fourth electrode (22d) extend from sides opposite to each other of the second eye along the second movement axis, (second eye is right eye; a second axis is orthogonal to the first axis, [0091]).
Regarding claim 15, Alessi teaches a method for detecting a user’s eye using a wearable device (refer to US 2023/0137601, Fig. 4), the method comprising: detecting, by a first electrode (22a) of a first movement sensor (first right electrostatic charge variation sensor 20a), a first electrostatic charge variation generated by a movement of a first eye along a first movement axis (axis 19, Fig. 4); detecting, by a second electrode of the first movement sensor (22b of electrostatic charge variation sensor 20b), a second electrostatic charge variation generated by the movement of the first eye along the first movement axis (axis 19, Fig. 4), the first electrode and the second electrode aligned along the first movement axis (see Fig. 4), spaced apart by a first distance (Fig. 4 shows spaced apart by a first distance), and positionable proximate to the first eye (left eye); detecting, by a third electrode (third and a fourth electrode 22c and 22d, [0031], Fig. 4) of a second movement sensor (20c, [0066]), a third electrostatic charge variation generated by a movement of a second eye (right eye) along a second movement axis (second axis orthogonal to the first axis, [0091]); detecting, by a fourth electrode (22d) of the second movement sensor (20d), a fourth electrostatic charge variation generated by the movement of the second eye (right eye) along the second movement axis (second axis orthogonal to the first axis, [0091], first is axis 19); the third electrode and the fourth electrode aligned along the second movement axis (along second axis orthogonal to the first axis), spaced apart by a second distance, and positionable proximate to the second eye (see Fig. 4), the second movement axis being transverse to the first movement axis (second axis orthogonal to the first axis, [0091]);); acquiring, by a control circuit (control unit 15, such as a microprocessor, a microcontroller or a dedicated calculation unit, [0026]) coupled to the first movement sensor and the second movement sensor (control unit 15 is configured to process the respective detection signals S.sub.R acquired through the electrodes), a first electrostatic charge variation signal indicative of a difference between the first electrostatic charge variation and the second electrostatic charge variation (first electrostatic charge variation signal S.sub.Q,1 indicative of a difference between the detection signals S.sub.R acquired through the first and second electrodes 22a and 22b, [0027]); acquiring, by the control circuit (control unit 15, such as a microprocessor, a microcontroller or a dedicated calculation unit, [0026]), a second electrostatic charge variation signal indicative of a difference between the third electrostatic charge variation and the fourth electrostatic charge variation (detection signals S.sub.R acquired through the first and second electrodes 22c and 22d; a third and a fourth electrode 22c and 22d which are spaced both from each other and with respect to the first and second electrodes 22a and 22b and which are similar to the first and second electrodes 22a and 22b and therefore [0031] works similar); detecting, by the control circuit (control unit 15 is configured to process the respective detection signals S.sub.R acquired through the electrodes), an event indicative of eye displacement along the first movement axis or the second movement axis (along axis 19 and orthogonal to 19, Fig. 4, [0091]) starting from the first electrostatic charge variation signal and the second electrostatic charge variation signal (detection signals S.sub.R acquired through the first and second electrodes 22c and 22d;); and determining, by the control circuit, the movement of the first eye and the second eye based on the event (control unit 15 is configured to process the respective detection signals S.sub.R acquired through the electrodes). indicative of a difference between the detection signals S.sub.R acquired through the electrodes. In particular, the electrostatic charge variation signal S.sub.Q,1 is of digital type and is indicative of a difference between the electrostatic charge variations detected through the electrodes, [0027]; here the event indicative of eye displacement is movement of eyes, Fig. 3).
Regarding claim 16, Alessi teaches the method according to claim 15 (see above), wherein detecting the event comprises verifying whether the first electrostatic charge variation signal and the second electrostatic charge variation signal include a respective peak indicative of eye displacement along the first movement axis and the second movement axis (it has been verified that these movements of the eyes 30 in the presence of blinks generate, in each first electrostatic charge variation signal S.sub.Q,1 and in succession to each other in a blink period with a duration of less than about 50 ms, two respective peaks having opposite sign with respect to a baseline of this signal. In particular, by exemplarily considering a zero baseline, it is possible to have a first positive peak and a second negative peak or vice versa, as a function of the direction of movement of the eyes 30 and of the positions of the first and second electrodes 22a and 22b. These first and second consecutive peaks in the blink period define a blink scheme (or pattern) that is indicative of a blink (a voluntary or involuntary blink, as better discussed below). Examples of such blink shows in FIGS. 6-7C, [0034]; At a step S16, immediately consecutive to step S14, the first electrostatic charge variation signals S.sub.Q,1a and S.sub.Q,1b are processed in a per se known manner to identify any peaks thereof (i.e. positive peaks or negative peaks, the latter also referred to as valleys). In detail, at step S16, if any, a number of peaks of the first electrostatic charge variation signals S.sub.Q,1a and S.sub.Q,1b and, for each peak, a respective maximum value and a respective time position (or instant) of this maximum value are identified, [0042]).
Regarding claim 17, Alessi teaches the method according to claim 15 (see above), wherein determining, by the control circuit, the movement of the first eye and the second eye based on the event comprises determining the movement using a machine learning model (At a step S07, it is determined whether a fifth condition is verified, as a function of the angular velocity signals S.sub.ω and of the linear acceleration signals S.sub.acc. The fifth condition is determined when no movements of the user's head are detected. The determination of the movements of the head from the angular velocity signals S.sub.ω and the linear acceleration signals S.sub.acc is performed in a per se known manner e.g., through machine learning techniques, [0080]).
Regarding claim 18, Alessi teaches the method according to claim 15 (see above), wherein determining the movement of the first eye and the second eye comprises: mutually correlating the detecting of the eye displacement along the first movement axis and the second movement axis; or updating a reference angular position of the first eye and the second eye as a function of a preceding reference angular position of the first eye and the second eye detected on the basis of the event, the reference angular position being one of a plurality of predefined reference angular positions (the electrodes 22a and 22b have a first mutual distance D.sub.1 from each other, [0028]; the third and fourth electrodes 22c and 22d are radially internal with respect to the first and second electrodes 22a and 22b with respect to the center of the respective lens 14a, 14b. For example, the third and fourth electrodes 22c and 22d have a second mutual distance D.sub.2 from each other that is less than the first mutual distance D.sub.1, [0031]; condition of eye is verified in steps S28, S30, S40d, S40e, S36, S38 in a flow chat in Fig. 10, activity of the eyes of the user is determined in step, [0074]).
Regarding claim 19, Alessi teaches the method according to claim 15 (see above), further comprising: verifying a feasibility condition for determining the movement of the first eye and the second eye, the feasibility condition correlated to a presence or an absence of head movements of the user, wherein acquiring the first electrostatic charge variation signal and the second electrostatic charge variation signal are performed as a function of a verification of the feasibility condition (verifying, by the controller, a presence of one or more blink patterns in the first electrostatic charge variation signal, each blink pattern being indicative of a respective click or of a respective blink, the click being a voluntary blink of the first eye and the blink being an involuntary blink of the first eye, when the first electrostatic charge variation signal has the one or more blink patterns, determining, by the controller for each blink pattern, whether a first condition is verified, when the first condition is not verified, detecting, by the controller, a respective blink and when the first condition is verified, detecting, by the controller, a respective click, [abstract]; see [0033], [0067], also see [0085]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Alessi et al. as applied to claim 1 above, and further in view of Frank et al. (US 2021/0259557).
Regarding claim 2, Alessi teaches the circuit according to claim 1 (see above), further comprising a sensor configured to detect movement by the user, wherein the control circuit is configured to: compute a modulus signal from the first electrostatic charge variation signal and the second electrostatic charge variation signal and accounting for the speech-related activity (control unit 15, such as a microprocessor, a microcontroller or a dedicated calculation unit, [0026]), wherein accounting for the movement activity comprises: the first electrostatic charge variation signal and the second electrostatic charge variation signal before computing the modulus signal, updating a threshold value used to detect the event by adding an offset value to the threshold value in response to detecting the; and determine an angle at which the first eye and the second eye are directed based on the modulus signal (see Fig. 5, at a step S12, optional and immediately consecutive to step S10, the first electrostatic charge variation signals S.sub.Q,1a and S.sub.Q,1b are filtered to remove the contribution of the alternating electric current possibly present in the environment surrounding the glasses 10. In fact, if any, the alternating electric current generates respective electrostatic charge variations in the environment, which may be detected by the first electrostatic charge variation sensors 20a and 20b generating a respective peak, in the frequency domain, in the first electrostatic charge variation signals S.sub.Q,1a, S.sub.Q,1b at the frequency of the alternating electric current (i.e. 50 Hz or 60 Hz depending on the country one is in). In particular, the performed filtering may be of low-pass type with a cut-off frequency lower than a first threshold frequency or of band-pass type with a lower cut-off frequency greater than a second threshold frequency, [0040]).
Alessi doesn’t explicitly teach the circuit include acoustic sensors, to detect speech-related activity.
Alessi and Frank are related as eye wearable device, (Fig. 2. [0198]).
Frank teaches sensor detect speech-related activity (The wearable device 840 may include one or more acoustic sensors, such as the acoustic sensor 843, [0198]; acoustic sensor refers to a device that converts sound waves into an electrical signal, [0186], one or more acoustic sensors are mounted to a frame worn on the user's head, such as a frame of smart glasses, at fixed positions relative to the head of the user. The audio recordings of the user may include recordings of sounds produced by the user, such as sounds of respiration, coughing, speech, and the like. Indications of the user's respiration and/or extent of coughing may be signals utilized to calculate a health score of a user, … values of speech related parameters, such as frequencies and/or tempo, [1354]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the circuit of Alessi to include acoustic sensors, to detect speech-related activity, as taught by Frank for the predictable advantage measuring surrounding sound waves and collecting information related to the changes in sound and voice patterns, as taught by Frank in [0184].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (1) Smyth (US 5726916), teaches eyes, the eye rotation; the potential difference between skin surface electrodes, eyetracker to control computerized machinery by ocular gaze point; measuring electrodes, sensor system. (2) Walker et al. (US 20220202110 A1), teaches first and second electrodes, signal generator configured to provide first and second signals, movement sensors, signal generator configured to provide first and second signals; (3) ALESSI et al. (EP 4173567), teaches a first and second electrodes, first and second first electrostatic charge variation signals, electrostatic charge variation sensors. (4) Komaki (US 2017/0150897) teaches left and right eye side electrodes, Two electrodes above and two electrodes below, electro-oculographic detector, various eye movements.
Depending on claim language by adding limitations from Embodiments in paragraph [0115], or eye-tracking may activate advanced functions for adjusting the focal point of a camera lens or quick reading functions such as zoom and panoramic operations of [0129] of the instant application, may overcome the prior art in record.
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/R.A/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
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