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 .
DETAILED ACTION
Priority
Acknowledgment is made of Applicant's claim for foreign priority based on a Patent Applications filed on 4/22/22. It is noted that Applicant has filed a certified copy of the application as required by 35 U.S.C. 119(b).
RESPONSE TO ARGUMENTS
Applicant’s amendments and remarks filed on 11/28/25 have been fully considered and the rejections withdrawn in light of Applicant’s amendment. However, based up further consideration a new ground of rejection is entered in view of EDWIN et al. (US Pub. No.: 2022-0221934) and in light of Applicant’s newly amended claims.
The rejection to Claim 20 under 35 U.S.C. section 101 is withdrawn in light of Applicant’s amendment filed 11/28/25.
The application of 35 U.S.C. section 112(f) is withdrawn in light of Applicant’s amendment filed 11/28/25
Examiner acknowledges Claims 3-4 have been canceled.
Regarding Applicant’s 11/28/25 amendment and remarks on Pages 8-16, Applicant’s amendments and remarks filed on 11/28/25 have been fully considered and the rejections withdrawn in light of Applicant’s amendment. However, based up further consideration a new ground of rejection is entered in view of EDWIN et al. (US Pub. No.: 2022-0221934) and in light of Applicant’s newly amended claims. Regarding prior art record EDWIN, Examiner respectfully submits EDWIN in view of SZTUK does read upon the newly amended limitations to Claims 1 (including similar independent claims) whereby EDWIN discloses that acquisition target information indicates an experience of the user equipment in relation to the scene by teaching human eye target experience with regards to target information (See rejection contained herein). Accordingly, outstanding rejections remain for the pending claims.
FINAL REJECTION
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 non-obviousness.
Claims 1-2, 5-7, 10-11, 13, 15-16, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over SZTUK et al. (US Pub. No.: 2021-0173474) in view of EDWIN et al. (US Pub. No.: 2022-0221934).
As per Claim 1 SZTUK discloses A head mount type information processing device comprising (Figs. 1-2, 4-6 [Abstract]):
circuitry configured to (Fig. 7 in at least unit 102):
determine acquisition target information according to a scene (Figs. 1-2, 4-7 camera 215, 760 [Abstract] at least the object 508 in a scene – using head tracking sensors and eye prediction module 722 [0071-0072] [0085] [0091-0092] [0110-0115]), set an imaging parameter for acquiring an image that is an image of eyes of an equipment user and corresponds to the acquisition target information (Figs. 1-2, 4-7 [0071-0072] set the camera parameters prior to shooting eye imager via at least console 750 [0105-0106] [0110-0115]), and capture the image of the eyes of the equipment user according to the imaging parameter (Figs. 1-2, 4-7 imaging device 760 for eye tracking data that is captured [0065] [0105-0106] [0110-0115]).
wherein the imaging parameter includes a parameter of a camera (Figs. 1-2, 4-7 [0062, 0064-0065] camera imaging parameters for adjustment [0105-0106] [0110-0115]) selected to be used for imaging from a plurality of cameras according to the imaging parameter (Figs. 1-2, 4-7 selection of parameters for/by at least one camera with additional camera available – camera operates according to the parameters selected [0062, 0064-0065] [0105-0106] [0110-0115])
SZTUK does not disclose but EDWIN discloses wherein the acquisition target information indicates at least one of an emotion (one of) of an experience of the user equipment in relation to the scene (Figs. 1-2 human eye target may experience an accommodation conflict, resulting in unstable imaging, harmful eye strain [0164-0165])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the acquisition target information indicates at least one of an emotion of an experience of the user equipment in relation to the scene as taught by EDWIN into the system of SZTUK because of the benefit taught by EDWIN to include other measured related values such as facial monitoring for experience analysis and in order to accompany user eye measured data of SZTUK whereby the additional data of EDWIN will assist with the overall monitoring status of the system user.
As per Claim 2 SZTUK discloses The head mount type information processing device according to claim 1, wherein the image of the eyes is an image including a surrounding portion of the eyes of the equipment user (Figs. 1-2, 4-7 – in particular Fig. 4 area 440 [0062, 0064-0065] [0105-0106] [0110-0115]).
As per Claim 5 SZTUK discloses The head mount type information processing device according to claim 1, wherein the circuitry is further configured to control a position of the camera according to the imaging parameter (Figs. 1-2, 4-7 zoom focal position [0105-0106] [0110-0115]).
As per Claim 6 SZTUK discloses The head mount type information processing device according to claim 1, wherein the circuitry is further configured to drive an optical lens included in the camera according to the imaging parameter (Figs. 1-2, 4-7 zoom focal position [0073, 0075-0080] [0105-0106] [0110-0115]).
As per Claim 7 SZTUK discloses The head mount type information processing device according to claim 1, wherein the imaging parameter further includes a parameter of a light source used for imaging (Figs. 1-2, 4-7 ISO adjustment for dependance on available light [0073, 0075-0080] [0105-0106] [0110-0115]).
As per Claim 10 SZTUK discloses The head mount type information processing device according to claim 7, wherein the light source emits infrared light (Figs. 1-7 IR source [0057, 0095, 0129] [0105-0106] [0110-0115]).
As per Claim 11 SZTUK discloses The head mount type information processing device according to claim 1, wherein the acquisition target information (See said analysis for Claim 1)
SZTUK does not discloses EDWIN discloses information on an iris of the equipment user (Figs. 1-8 [0205, 0210]) (The motivation that applied in Claim 1 applies equally to Claim 11)
As per Claim 13 SZTUK discloses The head mount type information processing device according to claim 1, wherein the acquisition target information (See said analysis for Claim 1)
SZTUK does not discloses EDWIN discloses information on a facial expression of the equipment user (Figs. 1-8 [0205]) (The motivation that applied in Claim 11 applies equally to Claim 13).
As per Claim 15 SZTUK discloses The head mount type information processing device according to claim 1, wherein the acquisition target information (See said analysis for Claim 1)
SZTUK does not discloses EDWIN discloses information on a pupil diameter of the equipment user (Figs. 1-8 [0168] [0202-0205]) (The motivation that applied in Claim 11 applies equally to Claim 15).
As per Claim 16 SZTUK discloses The head mount type information processing device according to claim 1, wherein the acquisition target information is information on eyeball movement of the equipment user (Figs. 1-7 eye movement [Abstract] [0011-0012] [0035] [0105-0106] [0110-0115]).
As per Claim 18 SZTUK discloses The head mount type information processing device according to claim 1, wherein the circuitry is further configured to implement a predetermined function, and wherein the scene is determined according to the predetermined function (Figs. 1-7 eye tracking function as application functioning unit [0071-0072] [0105-0106] [0110-0115]).
As per Claim 19 SZTUK discloses An information processing method, implemented by a computer device, the method comprising (Figs. 1-2, 4-6 [Abstract])
determining acquisition target information according to a scene (See said analysis for Claim 1); setting an imaging parameter for acquiring an image that is an image of eyes of an equipment user and corresponds to the acquisition target information (See said analysis for Claim 1); and capturing the image of the eyes of the equipment user according to the imaging parameter (See said analysis for Claim 1),
wherein the imaging parameter includes a parameter of a camera (Figs. 1-2, 4-7 [0062, 0064-0065] camera imaging parameters for adjustment [0105-0106] [0110-0115]) selected to be used for imaging from a plurality of cameras according to the imaging parameter (Figs. 1-2, 4-7 selection of parameters for/by at least one camera with additional camera available – camera operates according to the parameters selected [0062, 0064-0065] [0105-0106] [0110-0115])
SZTUK does not disclose but EDWIN discloses wherein the acquisition target information indicates at least one of an emotion or of an experience of the user equipment in relation to the scene (See said analysis for Claim 1)
As per Claim 20 SZTUK discloses A non-transitory computer-readable storage medium having embodied thereon a program, which when executed by a computer causes to execute a method, the method comprising (Figs. 1-7 [0043-0045]): determining acquisition target information according to a scene (See said analysis for Claim 1); setting an imaging parameter for acquiring an image that is an image of eyes of an equipment user and corresponds to the acquisition target information (See said analysis for Claim 1); capturing the image of the eyes of the equipment user according to the imaging parameter (See said analysis for Claim 1)
wherein the imaging parameter includes a parameter of a camera (See said analysis for Claim 1) selected to be used for imaging from a plurality of cameras according to the imaging parameter (See said analysis for Claim 1)
SZTUK does not disclose but EDWIN discloses wherein the acquisition target information indicates at least one of an emotion or of an experience of the user equipment in relation to the scene (See said analysis for Claim 1)
Claims 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over SZTUK et al. (US Pub. No.: 2021-0173474) in view of EDWIN et al. (US Pub. No.: 2022-0221934), as applied in Claims 1-2, 5-7, 10-11, 13, 15-16, 18-20, and further in view of ATALA et al. (US Pub. No.: 2020-0292297).
As per Claim 8 SZTUK discloses The head mount type information processing device according to claim 7, wherein the circuitry is further configured to determine according to the imaging parameter (See said analysis for Claims 1 and 7)
SZTUK and EDWIN do not disclose but ATALA discloses determine whether or not to cause the light source to emit light (Figs. 1-4, 6, 14 illumination module 1460 to turn on/off LED 842 [0122])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include determine whether or not to cause the light source to emit light as taught by ATALA into the system of SZTUK and EDWIN because of the benefit taught by ATALA to include disclosing the ability to control imaging lighting amounts whereby each system relies on image capturing parameter value settings and would benefit from the additional ability to change environmental lighting to complement camera control settings which could improve and extend the user experience.
As per Claim 9 SZTUK discloses The head mount type information processing device according to claim 7, wherein circuitry is further configured to determine according to the imaging parameter (See said analysis for Claims 1 and 7)
SZTUK and EDWIN do not disclose but ATALA discloses determine a wavelength of light emitted from the light source (Figs. 1-4, 6, 14 [0033-0034] [0039-0040]) (The motivation that applied in Claim 8 applies equally to Claim 9)
Claims 12, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over SZTUK et al. (US Pub. No.: 2021-0173474) in view of EDWIN et al. (US Pub. No.: 2022-0221934), as applied in Claims 1-2, 5-7, 10-11, 13, 15-16, 18-20, and further in view of NOMURA et al. (US Pub. No.: 2021-0312892).
As per Claim 12 SZTUK discloses The head mount type information processing device according to claim 1, wherein the acquisition target information (See said analysis for Claim 1)
SZTUK and EDWIN do not disclose but NOMURA discloses information on a visual line of the equipment user (Figs. 1-10 [0026, 0042])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include information on a visual line of the equipment user as taught by NOMURA into the system of SZTUK and EDWIN because of the benefit taught by NOMURA to include other measured related values such as heart monitoring to accompany user eye measured data of said systems whereby the additional data of NOMURA will extend the overall features to assist the overall monitoring status of the system user.
As per Claim 14 SZTUK discloses The head mount type information processing device according to claim 1, wherein the acquisition target information (See said analysis for Claim 1)
SZTUK and EDWIN do not disclose but NOMURA discloses information on a heart rate of the equipment user (Figs. 1-10 glasses 100 with heart rate sensor attached [0057]) (The motivation that applied in Claim 12 applies equally to Claim 14).
Claim 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over SZTUK et al. (US Pub. No.: 2021-0173474) in view of EDWIN et al. (US Pub. No.: 2022-0221934), as applied in Claims 1-2, 5-7, 10-11, 13, 15-16, 18-20, and further in view of VITSNUDEL et al. (US Pub. No.: 2011-0050966).
As per Claim 17 SZTUK discloses The head mount type information processing device according to claim 1, wherein
the circuitry is further configured to switch between a first imaging parameter and a second imaging parameter to set as the imaging parameter (Figs. 1-2, 4-7 [0071-0072] set the camera parameters prior to shooting eye imager via at least console 750 – plurality of available parameters for setting/switching [0105-0106] [0110-0115]), wherein the circuitry switches between first imaging based on the first imaging parameter and second imaging based on the second imaging parameter (Figs. 1-2, 4-7 imaging device 760 for eye tracking data that is captured based upon parameter settings – first and second [0065] [0105-0106] [0110-0115])
SZTUK and EDWIN do not disclose but VITSNUDEL discloses synchronize a camera clock signal used for imaging control of the camera, and a light source clock signal used for light emission control of a light source (Figs. 1-12 [Abstract] [0013-0015] internal clock with illumination light [0024-0025]); at a timing matching frame imaging of the camera (Figs. 1-12 [Abstract] start time matches the camera/lighting phase [0024, 0027])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include synchronize a camera clock signal used for imaging control of the camera, and a light source clock signal used for light emission control of a light source; at a timing matching frame imaging of the camera as taught by VITSNUDEL into the system of SZTUK and EDWIN because of the benefit taught by VITSNUDEL to include advanced imaging control with synchronized lighting which would ensure better exposure imaging outcomes which would benefit SZTUK and EDWIN by supplementing the image parameter control functionality and extend a user’s experience.
Conclusion
Applicant’s amendment necessitated a new ground of rejection. 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eileen Adams whose telephone number is (571) 270-3688. The examiner can normally be reached on Monday-Friday from 8:30-5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, William Vaughn can be reached on (571) 272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4688.
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/EILEEN M ADAMS/Primary Examiner, Art Unit 2481
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