DETAILED ACTION
It would be of great assistance to the Office if all incoming papers pertaining to a filed application carried the following items:
1. Application number (checked for accuracy, including series code and serial no.).
2. Group art unit number (copied from most recent Office communication).
3. Filing date.
4. Name of the examiner who prepared the most recent Office action.
5. Title of invention.
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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 .
Election/Restrictions
Claims 7 – 9 and 23 – 25 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/15/2025.
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.
Claim(s) 1, 2, 3, 6, 10, 17 – 19, 22, 26 and 39 – 44 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holz et al. (US 2018/0246568).
As to claim 1, Holz discloses a method performed by a headset device (wearable device 110 can be an AR/VR headset [0022], [0050]), comprising: obtaining (using sensor 116 [0020]) an indication of an initial eye blink (detecting blinking [0020]);
and modifying display characteristics of the headset device to induce a subsequent eye blink if a time elapsed since a last eye blink is greater than a time duration threshold (stimulate blinking if blinking is below a certain rate [0032 – 0033], wherein blink is stimulated by flashing on a screen of the headset [0050]).
As to claim 2 (dependent ton 1), Holz discloses the method, wherein
the modifying the display characteristics includes adding a blur effect, a border flashing effect, or a screen flashing effect to one or more regions of a display of the headset device (by flashing the text ‘BLINK’ on a screen of the wearable device [0050] corresponding to screen flashing effect to one or more regions of a display of the headset device).
As to claim 3 (dependent ton 1), Holz discloses the method, wherein
the modifying the display characteristics includes:
performing a first modification to the display characteristics of a display of the headset device to induce the subsequent eye blink (initiating first blink stimulation at 340 of fig. 3 [0052]);
and performing a second modification to the display characteristics of the display to induce the subsequent eye blink if the subsequent eye blink is not detected within a time window after the first modification to the display characteristics (initiating second blink stimulation at 370 of fig.3 [0053], wherein in a scenario in which one blink stimulation action is determined not to be effective in causing a user to blink, a subsequent blink stimulation action can be initiated (immediately and/or after a time delay, e.g., 10 seconds) [0053]).
As to claim 6 (dependent ton 3), Holz discloses the method, further comprising: obtaining an indication of whether the subsequent eye blink is detected within the time window after the first modification; and performing the second modification to the display characteristics of the display if the indication is that the subsequent eye blink is not detected within the time window (in a scenario in which one blink stimulation action is determined not to be effective in causing a user to blink, a subsequent blink stimulation action can be initiated (immediately and/or after a time delay, e.g., 10 seconds) [0053]).
As to claim 10 (dependent ton 1), Holz discloses the method, wherein
the headset device is an augmented reality (AR) headset, a virtual reality (VR) headset, a mixed reality (MR) headset or an extended reality (XR) headset (wearable device 110 can be an AR/VR headset [0022], [0050]).
As to claim 17, Holz discloses a headset device (wearable device 110 can be an AR/VR headset [0022], [0050]), comprising: one or more sensors (using sensor 116 [0020]) configured to obtain an indication of an initial eye blink (detecting blinking [0020]); and one or more processors (stimulation engine 114 of fig. 1) configured to modify display characteristics of the headset device to induce a subsequent eye blink if a time elapsed since a last eye blink is greater than a time duration threshold (stimulate blinking if blinking is below a certain rate [0032 – 0033], wherein blink is stimulated by flashing on a screen of the headset [0050]).
As to claim 18 (dependent ton 17), Holz discloses the headset device, wherein the one or more processors configured to modify the display characteristics includes the one or more processors configured to add a blur effect, a border flashing effect, or a screen flashing effect to one or more regions of a display of the headset device (by flashing the text ‘BLINK’ on a screen of the wearable device [0050] corresponding to screen flashing effect to one or more regions of a display of the headset device).
As to claim 19 (dependent ton 17), Holz discloses the headset device, wherein
the one or more processors configured to modify the display characteristics includes the one or more processors configured to:
perform a first modification to the display characteristics of a display of the headset device to induce the subsequent eye blink (initiating first blink stimulation at 340 of fig. 3 [0052]);
and perform a second modification to the display characteristics of the display to induce the subsequent eye blink if the subsequent eye blink is not detected within a time window after the first modification to the display characteristics (initiating second blink stimulation at 370 of fig.3 [0053], wherein in a scenario in which one blink stimulation action is determined not to be effective in causing a user to blink, a subsequent blink stimulation action can be initiated (immediately and/or after a time delay, e.g., 10 seconds) [0053]).
As to claim 22 (dependent ton 19), Holz discloses the headset device, wherein: the one or more sensors are configured to obtain an indication of whether the subsequent eye blink is detected within the time window after the first modification; and the one or more processors are configured to perform the second modification to the display characteristics of the display if the indication is that the subsequent eye blink is not detected within the time window (in a scenario in which one blink stimulation action is determined not to be effective in causing a user to blink, a subsequent blink stimulation action can be initiated (immediately and/or after a time delay, e.g., 10 seconds) [0053]).
As to claim 26 (dependent ton 17), Holz discloses the headset device, wherein the headset device is an augmented reality (AR) headset, a virtual reality (VR) headset, a mixed reality (MR) headset or an extended reality (XR) headset (wearable device 110 can be an AR/VR headset [0022], [0050]).
As to claim 39 (dependent ton 1), Holz discloses the method, further comprising: modifying the display characteristics of the headset device (flashing the text ‘BLINK’ on a screen of the wearable device [0050]) to induce one or more eye blinks in accordance with an eye blink configuration (eye blink configuration based on various scenarios such as reading or driving [0048]).
As to claim 40 (dependent ton 17), Holz discloses the headset device, wherein the one or more processors are configured to modify the display characteristics of the headset device (flashing the text ‘BLINK’ on a screen of the wearable device [0050]) to induce one or more eye blinks in accordance with an eye blink configuration (eye blink configuration based on various scenarios such as reading or driving [0048]).
As to claim 41 (dependent ton 1), Holz discloses the method, further comprising: receiving a user selection (user selection to adjust blink rate [0035]) to enable a modification of the display characteristics to induce eye blinks (flashing the text ‘BLINK’ on a screen of the wearable device [0050]), wherein modifying the display characteristics is in accordance with the user selected blink rate threshold (adjusting based on user selection [0035]).
As to claim 42 (dependent ton 17), Holz discloses the headset device, wherein the one or more processors are configured to receive a user selection (user selection to adjust blink rate [0035]) to enable a modification of the display characteristics to induce eye blinks (flashing the text ‘BLINK’ on a screen of the wearable device [0050]), wherein modifying the display characteristics is in accordance with the user selection (adjusting based on user selected blink rate threshold [0035]).
As to claim 43 (dependent ton 1), Holz discloses the method, wherein the time duration threshold is:
a function of a user preference, a display content attribute, an operating attribute of the headset device, or any combination thereof;
in accordance with one or more machine learning models that consider the display content attribute, a content scene characteristic, an application input associated with allowed or not allowed eye blink feedback, or any combination thereof;
or
specific to a user of the headset device in accordance with a mapping between a plurality of time duration thresholds and a plurality of users (time duration threshold is based on user selection to adjust blink rate threshold [0035]).
As to claim 44 (dependent ton 17), Holz discloses the headset device, wherein the time duration threshold is: a function of a user preference, a display content attribute, an operating attribute of the headset device, or any combination thereof;
in accordance with one or more machine learning models that consider the display content attribute, a content scene characteristic, an application input associated with allowed or not allowed eye blink feedback, or any combination thereof;
or specific to a user of the headset device in accordance with a mapping between a plurality of time duration thresholds and a plurality of users (time duration threshold is based on user selection to adjust blink rate threshold [0035]).
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.
Claim(s) 33 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holz.
As to claim 33 (dependent ton 3) and claim 35 (dependent ton 19), Holz discloses the method and the device, wherein the time window is immediately and/or after a time delay, e.g., 10 seconds [0053], but fails to disclose that the time window is between approximately one second and approximately two seconds.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Holz such that the time window was modified to be between approximately one second and approximately two seconds as simple design choice alternative achieved though routine experimentation, and wherein such modification would have only required a routine skill.
Claim(s) 5, 21, 37 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holz in view of Pacheco et al. (US 2016/0334868).
As to claim 5 (dependent ton 3) and claim 21 (dependent ton 19), Holz discloses the method and the device, wherein the second modification to the display characteristics is a flashing effect (flashing the text ‘BLINK’ on a screen of the wearable device [0050]), but does not explicitly disclose that the first modification to the display characteristics is a blur effect.
In the same filed of endeavor, Pacheco discloses a method and a device, wherein a first modification to the display characteristics is a blur effect (display blurring to initiate blink stimuli [0046]).
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 the teaching of Holz in view of Pacheco such that the first modification to the display characteristics was a blur effect as disclosed by Pacheco, with motivation to reduce user discomfort (Pacheco [0004]).
As to claim 37 (dependent ton 3) and claim 38 (dependent ton 19), Holz discloses the method and the device, but fails to disclose that the first modification to the display characteristics is a first blur effect and the second modification to the display characteristics is a second blur effect.
In the same filed of endeavor, Pacheco discloses a method and a device, wherein the modification to the display characteristics is a blur effect (display blurring to initiate blink stimuli [0046]).
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 the teaching of Holz in view of Pacheco such that the first modification to the display characteristics was a first blur effect and the second modification to the display characteristics was a second blur effect, with motivation to motivation to reduce user discomfort (Pacheco [0004]).
Allowable Subject Matter
Claims 4, 20, 34 and 36 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:
As to claim 4, the Prior Art of record alone or in combination fails to disclose the method of claim 3, wherein the first modification to the display characteristics is performed in a non-foveal region of the display and the second modification to the display characteristics is performed in a foveal region of the display. (Emphasis Added.)
As to claim 20, the Prior Art of record alone or in combination fails to disclose the headset device of claim 19, wherein the first modification to the display characteristics is performed in a non-foveal region of the display and the second modification to the display characteristics is performed in a foveal region of the display. (Emphasis Added.)
Conclusion
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/DMITRIY BOLOTIN/ Primary Examiner, Art Unit 2623