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 .
Response to Arguments
Applicant's arguments filed 11/24/2025 have been fully considered but some of them are not persuasive.
Specifically, on page 4, Applicant argues that,
“Claim 1 is amended herein to clarify that the captured audio/video datafile is an unaltered audio/video feed from the safety glasses and from the viewpoint of the user. The capture of an unaltered audio/video datafile enables the stored datafile to be used for inspection or validation requirements (such as in auto repair). By contrast, Bohannon discloses and teaches the presentation of an AR (augmented reality) view to the wearer of safety glasses. Bohannon is directed towards the modification of the display presented to the wearer (e.g. video) and teaches away from the unaltered video feed.”
In response, Examiner respectfully disagrees and submits that the audio-visual datafile is the video images that are captured and recorded by the camera, not the video images displayed by the AR glasses. The video images captured by the camera are unalterered and transmitted to the WSMS for analysis so, if altered, detection of hazard objects would not have been accurate.
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Bohannon al. (US 2021/0216773 A1 – hereinafter Bohannon), Wexler et al. (US 2014/0253702 A1), and Di Censo et al. (US 2016/0093207 A1 – hereinafter Di Censo).
Regarding claim 1, Bohannon discloses a method of employing safety glasses configured to record a visual datafile (Fig.4; [0107]; [0155] – a method of employing safety glasses with an attached camera to record a visual datafile) wherein the safety glass method comprises the steps of: providing at least one pair of safety glasses, said at least one pair of safety glasses having temple members and lenses (Fig. 4; [0100] – providing a pair of safety glasses 14 having temple members and lenses to assist wearing and seeing a FOV by a worker 10), said at least one pair of safety glasses having at least one video camera, said at least one video camera configured to capture the visual datafile ([0155] – the pair of safety glasses have a camera configured to capture a video datafile), said at least one pair of safety glasses having a transceiver, said transceiver having electronics to receive, store, transmit and manipulate data ([0099] – communication units 54 configured to receive and send information, store received information in memory 58), said at least one pair of safety glasses having a power supply ([0106]; [0113] – the pair of safety glasses as an AR display device having a power supply), donning the at least one pair of safety glasses, wherein a user will don the at least one pair of safety glasses (Figs. 4-9 – worker 10 dons the pair of safety glasses), capturing of the visual datafile, the visual datafile comprising an unaltered visual feed captured from a viewpoint of the user ([0032] – capturing the field of view in real time or near real time – the visual datafile comprises images captured and recorded by the camera, not augmented images displayed by the AR, thus unaltered); transmitting at least a portion of the visual datafile, wherein the at least one pair of safety glasses transmits the at least a portion of the audio-visual datafile to a software database ([0032]; [0041] – sending the captured field of view to WSMS 6, which is a software database as further shown in Fig. 2 and described at least in [0056]); reviewing the at least a portion of the audio-visual datafile, wherein the software database provides a review of the image in the at least a portion of the audio-visual datafile ([0043] – reviewing at the database by users 20 and 24); transmitting information to the user, wherein the information pertains to the image in the at least a portion of the visual datafile ([0158]-[0159]; Figs. 4-7 – transmitting the information, e.g. alerts and/or image indicators etc., pertaining to the field of view image to the worker for display); storing the audio-visual datafile, wherein the audio-visual datafile is stored in the software database ([0050]; [0092] – storing the image/video in the database).
However, Bohannon does not explicitly disclose the visual file as audio-visual file; initiating a recording, wherein the recording commences capture of the audio-visual datafile; and ceasing the capture of the audio-visual datafile, wherein the reviewing comprising a comparison one or more objects in the images with one or more reference images.
Wexler discloses a visual file as an audio-visual file ([0120] – video and audio files); initiating a recording, wherein the recording commences capture of the audio-visual datafile ([0118] – initiating a recording of audio/video content); and ceasing the capture of the audio-visual datafile ([0118] – terminating a recording of audio/video content).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Wexler into the method taught by Bohannon to (1) capture video file with audio, which is helpful in providing audio context to the recording, and (2) enhance the user interface of the method by allowing the user to start and stop recording as desired.
Bohannon and Wexler do not disclose the reviewing comprising a comparison one or more objects in the images with one or more reference images.
Di Censo discloses a reviewing comprising a comparison one or more objects in captured images with one or more reference images ([0027]; [0030] - comparing a detected object in a digital image captured by a camera to reference images in a database of images so that the detected object is identified as a hazard upon the determining that the detected object matches a reference image in the image database).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Di Censo into the method taught by Bohannon and Wexler because it would have been advantageous in managing and updating identified hazardous objects, i.e. by adding images of new hazardous objects to the database.
Regarding claim 2, Bohannon in view of Wexler also discloses the method of employing safety glasses configured to record an audio-visual datafile as recited in claim 1, and further including a step of capturing a unique identifier, wherein the unique identifier is specific to an object being captured in the audio-visual datafile ([0062] – Bohannon discloses unique identifiers QR codes in the visual data file, which is in view of Wexler an audio-visual datafile).
Regarding claim 3, see the teachings of Bohannon, Wexler, and Di Censo as discussed in claim 2 above, in which Di Censo in view of Wexler also discloses in the step of performing the image review, reviewing the object captured in the audio-visual datafile for one or more of: type of the object, wear on the object, and fit tolerance of the object ([0027]; [0030] – in view of Wexler disclosing the file as audio-visual file, Di Censo discloses the reviewing at least the type of the object as hazardous type vs. not hazardous type).
Regarding claim 4, Bohannon in view of Wexler and Di Censo also discloses the method of employing safety glasses configured to record an audio-visual datafile as recited in claim 3, and further including a step of providing parts identification for the object in the audio-visual datafile ([0117] – providing parts identification, e.g. gloves, of an object, e.g. a worker 96 in the visual data file, which is in view of Wexler an audio-visual datafile).
Regarding claim 5, Bohannon in view of Wexler and Di Censo also discloses the method of employing safety glasses configured to record an audio-visual datafile as recited in claim 4, and further including a step of transmitting parts identification information to the user of the at least one pair of safety glasses (Fig. 5 – transmitting information about the gloves to the user for display, e.g. missing gloves).
Regarding claim 6, Bohannon in view of Wexler and Di Censo also discloses the method of employing safety glasses configured to record an audio-visual datafile as recited in claim 5, and further including a step of performing a specification analysis, wherein the specification analysis is performed on the object in the audio-visual datafile ([0114]; [0117]-[0118] – analysis on workers or objects in the visual data file, which is in view of Wexler an audio-visual datafile, to check whether the workers are complying with regulations, information relating to service life, PPE status, PPE compliance, or the like of the PPE of worker, whether objects are damaged etc.).
Regarding claim 7, Bohannon in view of Wexler and Di Censo also discloses the method of employing safety glasses configured to record an audio-visual datafile as recited in claim 6, and further including a step of transmitting specification analysis results to the user of the at least one pair of safety glasses ([0119] – transmitting the analysis to the user for display).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bohannon, Wexler, and Di Censo as applied to claims 1-7 above, and further in view of Matusek et al. (US 2025/0104380 A1 – hereinafter Matusek).
Regarding claim 8, see the teachings of Bohannon, Wexler, and Di Censo as discussed in claim 7 above. Bohannon also discloses a step of storing a completed audio-visual datafile, said completed audio-visual datafile being stored in the software database ([0050]; [0092] – storing the image/video in the database).
However, Bohannon, Wexler, and Di Censo do not explicitly disclose said completed audio-visual datafile having the unique identifier associated therewith.
Matusek discloses a completed audio-visual datafile being stored in a software database and having the unique identifier associated therewith (Figs. 2A-2C – a completed audio-visual datafile being stored in a cloud and having a unique identifier of an object associated therewith).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Matusek into the method of Bohannon, Wexler, and Di Censo for archival purpose such that the file with identified objects can be accessed for future reviewing and reference without performing analysis for the objects again.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG Q DANG whose telephone number is (571)270-1116. The examiner can normally be reached IFT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Q Tran can be reached at 571-272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUNG Q DANG/Primary Examiner, Art Unit 2484