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 .
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, 10-11 and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sztuk (US2023/0119935).
Regarding claim 1, Sztuk discloses a device, comprising:
a display configured to display virtual content to an eye (Fig. 1: 140A; [0025-0028]);
a gaze tracker (Fig. 1:abstract; [0025]);
at least one camera configured to capture images of a scene (Fig. 1: 193A-193C); and
a controller comprising one or more processors (Fig. 2A: Logic 270; [0035]) configured to:
determine first focus distance information based on gaze information from the gaze tracker and a depth map ([0066]);
determine second focus distance information based on vergence of left and right gaze vectors as determined by the gaze tracker ([0041; 0066]: Sztuk teaches graze direction data 265 that includes vergence data representative of a focus distance and a direction of where two eyes are focusing. Sztuk further teaches processing logic 270 that is configured to receive gaze direction data 265 from eye-tracking system 260 and select a selected image sensor to capture one or more gaze-guided images based on gaze direction data 265. Therefore, the gaze direction data 265 and the one or more gaze-guided images includes one or more focus distance in response to vergence of left and right eyes);
determine a focus distance from the first focus distance information ([0061]) and the second focus distance information; and direct the camera to focus at the focus distance ([0064-0066]).
Regarding claim 10, Sztuk discloses the device as recited in claim 1, wherein the device is a head-mounted device (HMD) of an extended reality (XR) system (abstract; [0028; 0031]).
Regarding claim 11, the claim is a method of the apparatus claim 1. Therefore, claim 11 is analyzed and rejected as claim 1.
Regarding claim 19, Sztuk discloses the method as recited in claim 11, wherein the controller, a display, the gaze tracker, and the camera are components of a head-mounted device (HMD) of an extended reality (XR) system (abstract; [0028; 0031]).
Regarding claim 20, the claim contains the same limitation as claimed in claim 1. Therefore, claim 20 is analyzed and rejected as claim 1.
Allowable Subject Matter
Claims 2, 4, 7, 9, 12, 14, 16 and 18 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:
Regarding claim 2, the prior art of Sztuk discloses gaze-guided images that are generated from the one or more images based on the gaze direction of the user. The prior art of Lee (US20210278630) discloses an AR device that may obtain an eye vector indicating a direction of the user's view using an eye tracker, adjust a refractive power of a first focus adjustment region of a first variable focus lens to change a focal length for displaying a virtual image, and complementarily adjust a refractive power of a second focus adjustment lens. The prior art of Li (US 20200393896) discloses a method for processing training data and determining one or more local-learning base gaze estimation model based on the training data. The prior art of Zhang (US20240211035) discloses process may include determining at least one gaze direction of at least one eye based on the sensor data. The process may further include determining a distance associated with user attention based on a convergence determined based on an intersection of gaze directions of the at least one gaze direction, or a distance of an object in a 3D representation of the physical environment based on the at least one gaze direction. The prior art of Hu (US20250199607) discloses a device that may instruct a first autofocus camera of the head-mounted device to adjust a first focus distance based on the desired scene depth and capture a first image of a real-world environment of the user. Thus, while many references teaches AR device that may obtain an eye vector indicating a direction of the user's view, none of the references alone or in combination, provide a motivation to teach the device as recited in claim 1 further in combination with: ”wherein, to determine a focus distance from the first focus distance information and the second focus distance information, the controller is configured to: model the first focus distance information and the second focus distance information as probability distance functions (PDFs); and determine the focus distance from the two PDFs”.
Regarding claim 4, the prior art of Sztuk discloses gaze-guided images that are generated from the one or more images based on the gaze direction of the user. The prior art of Lee (US20210278630) discloses an AR device that may obtain an eye vector indicating a direction of the user's view using an eye tracker, adjust a refractive power of a first focus adjustment region of a first variable focus lens to change a focal length for displaying a virtual image, and complementarily adjust a refractive power of a second focus adjustment lens. The prior art of Li (US 20200393896) discloses a method for processing training data and determining one or more local-learning base gaze estimation model based on the training data. The prior art of Zhang (US20240211035) discloses process may include determining at least one gaze direction of at least one eye based on the sensor data. The process may further include determining a distance associated with user attention based on a convergence determined based on an intersection of gaze directions of the at least one gaze direction, or a distance of an object in a 3D representation of the physical environment based on the at least one gaze direction. The prior art of Hu (US20250199607) discloses a device that may instruct a first autofocus camera of the head-mounted device to adjust a first focus distance based on the desired scene depth and capture a first image of a real-world environment of the user. Thus, while many references teaches AR device that may obtain an eye vector indicating a direction of the user's view, none of the references alone or in combination, provide a motivation to teach the device as recited in claim 1 further in combination with: ” wherein, to determine a focus distance from the first focus distance information and the second focus distance information, the controller is configured to: collect first focus distance observations based on the gaze information from the gaze tracker and the depth map; collect second focus distance observations based on the vergence of left and right gaze vectors as determined by the gaze tracker; apply a linear regression function to the collected first and second focus distance observations to generate calibrated vergence distances; and determine the focus distance from the calibrated vergence distances”.
Regarding claim 7, the prior art of Sztuk discloses gaze-guided images that are generated from the one or more images based on the gaze direction of the user. The prior art of Lee (US20210278630) discloses an AR device that may obtain an eye vector indicating a direction of the user's view using an eye tracker, adjust a refractive power of a first focus adjustment region of a first variable focus lens to change a focal length for displaying a virtual image, and complementarily adjust a refractive power of a second focus adjustment lens. The prior art of Li (US 20200393896) discloses a method for processing training data and determining one or more local-learning base gaze estimation model based on the training data. The prior art of Zhang (US20240211035) discloses process may include determining at least one gaze direction of at least one eye based on the sensor data. The process may further include determining a distance associated with user attention based on a convergence determined based on an intersection of gaze directions of the at least one gaze direction, or a distance of an object in a 3D representation of the physical environment based on the at least one gaze direction. The prior art of Hu (US20250199607) discloses a device that may instruct a first autofocus camera of the head-mounted device to adjust a first focus distance based on the desired scene depth and capture a first image of a real-world environment of the user. Thus, while many references teaches AR device that may obtain an eye vector indicating a direction of the user's view, none of the references alone or in combination, provide a motivation to teach the device as recited in claim 1 further in combination with: ” wherein, to determine a focus distance from the first focus distance information and the second focus distance information, the controller is configured to: collect first focus distance observations based on the gaze information from the gaze tracker and the depth map; collect second focus distance observations based on the vergence of left and right gaze vectors as determined by the gaze tracker; train a model based on the collected first and second focus distance observations; and input at least one focus distance observation to the model, wherein the focus distance is output by the model in response to the input”.
Regarding claim 9, the prior art of Sztuk discloses gaze-guided images that are generated from the one or more images based on the gaze direction of the user. The prior art of Lee (US20210278630) discloses an AR device that may obtain an eye vector indicating a direction of the user's view using an eye tracker, adjust a refractive power of a first focus adjustment region of a first variable focus lens to change a focal length for displaying a virtual image, and complementarily adjust a refractive power of a second focus adjustment lens. The prior art of Li (US 20200393896) discloses a method for processing training data and determining one or more local-learning base gaze estimation model based on the training data. The prior art of Zhang (US20240211035) discloses process may include determining at least one gaze direction of at least one eye based on the sensor data. The process may further include determining a distance associated with user attention based on a convergence determined based on an intersection of gaze directions of the at least one gaze direction, or a distance of an object in a 3D representation of the physical environment based on the at least one gaze direction. The prior art of Hu (US20250199607) discloses a device that may instruct a first autofocus camera of the head-mounted device to adjust a first focus distance based on the desired scene depth and capture a first image of a real-world environment of the user. Thus, while many references teaches AR device that may obtain an eye vector indicating a direction of the user's view, none of the references alone or in combination, provide a motivation to teach the device as recited in claim 1 further in combination with: ” wherein, to determine a focus distance from the first focus distance information and the second focus distance information, the controller is configured to: cause display of one or more targets at known ground truth positions; direct a user to fixate on at least one of the one or more targets; record left and right gaze vectors for the user while fixated on the targets; compute intersection points of the left and right gaze vectors and compare the intersection points with the ground truth positions of respective targets; store results of the comparison as calibrated vergence distances; and determine the focus distance from the calibrated vergence distances”.
Regarding claim 12, the prior art of Sztuk discloses gaze-guided images that are generated from the one or more images based on the gaze direction of the user. The prior art of Lee (US20210278630) discloses an AR device that may obtain an eye vector indicating a direction of the user's view using an eye tracker, adjust a refractive power of a first focus adjustment region of a first variable focus lens to change a focal length for displaying a virtual image, and complementarily adjust a refractive power of a second focus adjustment lens. The prior art of Li (US 20200393896) discloses a method for processing training data and determining one or more local-learning base gaze estimation model based on the training data. The prior art of Zhang (US20240211035) discloses process may include determining at least one gaze direction of at least one eye based on the sensor data. The process may further include determining a distance associated with user attention based on a convergence determined based on an intersection of gaze directions of the at least one gaze direction, or a distance of an object in a 3D representation of the physical environment based on the at least one gaze direction. The prior art of Hu (US20250199607) discloses a device that may instruct a first autofocus camera of the head-mounted device to adjust a first focus distance based on the desired scene depth and capture a first image of a real-world environment of the user. Thus, while many references teaches AR device that may obtain an eye vector indicating a direction of the user's view, none of the references alone or in combination, provide a motivation to teach the method as recited in claim 11, further in combination with: ” wherein, to determine a focus distance from the first focus distance information and the second focus distance information, the controller is configured to: cause display of one or more targets at known ground truth positions; direct a user to fixate on at least one of the one or more targets; record left and right gaze vectors for the user while fixated on the targets; compute intersection points of the left and right gaze vectors and compare the intersection points with the ground truth positions of respective targets; store results of the comparison as calibrated vergence distances; and determine the focus distance from the calibrated vergence distances”.
Regarding claim 14, the prior art of Sztuk discloses gaze-guided images that are generated from the one or more images based on the gaze direction of the user. The prior art of Lee (US20210278630) discloses an AR device that may obtain an eye vector indicating a direction of the user's view using an eye tracker, adjust a refractive power of a first focus adjustment region of a first variable focus lens to change a focal length for displaying a virtual image, and complementarily adjust a refractive power of a second focus adjustment lens. The prior art of Li (US 20200393896) discloses a method for processing training data and determining one or more local-learning base gaze estimation model based on the training data. The prior art of Zhang (US20240211035) discloses process may include determining at least one gaze direction of at least one eye based on the sensor data. The process may further include determining a distance associated with user attention based on a convergence determined based on an intersection of gaze directions of the at least one gaze direction, or a distance of an object in a 3D representation of the physical environment based on the at least one gaze direction. The prior art of Hu (US20250199607) discloses a device that may instruct a first autofocus camera of the head-mounted device to adjust a first focus distance based on the desired scene depth and capture a first image of a real-world environment of the user. Thus, while many references teaches AR device that may obtain an eye vector indicating a direction of the user's view, none of the references alone or in combination, provide a motivation to teach the method as recited in claim 11, further in combination with: ” wherein determining a focus distance from the first focus distance information and the second focus distance information comprises: collecting first focus distance observations based on the gaze information from the gaze tracker and the depth map; collecting second focus distance observations based on the vergence of left and right gaze vectors as determined by the gaze tracker; applying a linear regression function to the collected first and second focus distance observations to generate calibrated vergence distances; and determining the focus distance from the calibrated vergence distances”.
Regarding claim 16, the prior art of Sztuk discloses gaze-guided images that are generated from the one or more images based on the gaze direction of the user. The prior art of Lee (US20210278630) discloses an AR device that may obtain an eye vector indicating a direction of the user's view using an eye tracker, adjust a refractive power of a first focus adjustment region of a first variable focus lens to change a focal length for displaying a virtual image, and complementarily adjust a refractive power of a second focus adjustment lens. The prior art of Li (US 20200393896) discloses a method for processing training data and determining one or more local-learning base gaze estimation model based on the training data. The prior art of Zhang (US20240211035) discloses process may include determining at least one gaze direction of at least one eye based on the sensor data. The process may further include determining a distance associated with user attention based on a convergence determined based on an intersection of gaze directions of the at least one gaze direction, or a distance of an object in a 3D representation of the physical environment based on the at least one gaze direction. The prior art of Hu (US20250199607) discloses a device that may instruct a first autofocus camera of the head-mounted device to adjust a first focus distance based on the desired scene depth and capture a first image of a real-world environment of the user. Thus, while many references teaches AR device that may obtain an eye vector indicating a direction of the user's view, none of the references alone or in combination, provide a motivation to teach the method as recited in claim 11, further in combination with: ” wherein determining a focus distance from the first focus distance information and the second focus distance information comprises: collecting first focus distance observations based on the gaze information from the gaze tracker and the depth map; collecting second focus distance observations based on the vergence of left and right gaze vectors as determined by the gaze tracker; training a model based on the collected first and second focus distance observations; and inputting at least one focus distance observation to the model, wherein the focus distance is output by the model in response to the input.
Regarding claim 18, the prior art of Sztuk discloses gaze-guided images that are generated from the one or more images based on the gaze direction of the user. The prior art of Lee (US20210278630) discloses an AR device that may obtain an eye vector indicating a direction of the user's view using an eye tracker, adjust a refractive power of a first focus adjustment region of a first variable focus lens to change a focal length for displaying a virtual image, and complementarily adjust a refractive power of a second focus adjustment lens. The prior art of Li (US 20200393896) discloses a method for processing training data and determining one or more local-learning base gaze estimation model based on the training data. The prior art of Zhang (US20240211035) discloses process may include determining at least one gaze direction of at least one eye based on the sensor data. The process may further include determining a distance associated with user attention based on a convergence determined based on an intersection of gaze directions of the at least one gaze direction, or a distance of an object in a 3D representation of the physical environment based on the at least one gaze direction. The prior art of Hu (US20250199607) discloses a device that may instruct a first autofocus camera of the head-mounted device to adjust a first focus distance based on the desired scene depth and capture a first image of a real-world environment of the user. Thus, while many references teaches AR device that may obtain an eye vector indicating a direction of the user's view, none of the references alone or in combination, provide a motivation to teach the method as recited in claim 11, further in combination with: ” wherein determining a focus distance from the first focus distance information and the second focus distance information comprises: displaying one or more targets at known ground truth positions; directing a user to fixate on at least one of the one or more targets; recording left and right gaze vectors for the user while fixated on the targets; computing intersection points of the left and right gaze vectors and compare the intersection points with the ground truth positions of respective targets; storing results of the comparison as calibrated vergence distances; and determining the focus distance from the calibrated vergence distances.
Regarding claims 3, 5-6, 8, 13, 15 and 17, the claims are objected as being depending upon the objected claims 2, 4, 7, 12, 14 and 16, respectively.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG H LAM whose telephone number is (571)272-7367. The examiner can normally be reached 9AM-5PM.
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/HUNG H LAM/Primary Examiner, Art Unit 2639 12/26/25