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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 420 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 420 recites the limitation "processing the output signals to interpret the facial skin micromovements." There is insufficient antecedent basis for this limitation in the claim. There is no previous mention of “output signals.” It is therefore unclear what the output signals are or what they refer to.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title.
Claim 420 is rejected under 35 U.S.C. 101 because the claimed invention is directed to human mental activity without significantly more. The claim recites:
A method for projecting graphical content and for interpreting non-verbal speech, the method comprising:
projecting light in a graphical pattern on a facial region of an individual, wherein the graphical pattern is configured to visibly convey information;
receiving the light reflected from the facial region;
determining from the reflected light skin micromovements associated with non-verbalization; and
processing the output signals to interpret the facial skin micromovements.
The claim is so broad as to read on the process of someone looking at an illuminated face and interpreting face movements/expressions which is of course merely a mental process or human activity.
The claim recites: projecting light in a graphical pattern on a facial region of an individual, wherein the graphical pattern is configured to visibly convey information.
However, the claim does not recite doing anything with the projected light pattern. There is no recitation that this light graphical light pattern is used at all much less, how it is used. So this step is considered extra-solution activity.
The next step recites: receiving the light reflected from the facial region.
It is not clear if “the light” is intended to be the projected light in a graphical pattern. Receiving “the light reflected from the facial region” is so broad as to read on a human eye viewing a face.
The next step is: determining from the reflected light skin micromovements associated with non-verbalization
This step reads on a human recognizing a facial movement or expression.
The next step is: processing the output signals to interpret the facial skin micromovements
This step also reads on a human recognizing a facial movement or expression.
This judicial exception is not integrated into a practical application because there is no recitation of any specific processing performed and the steps recited clearly read on human mental activity.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because there is no recited machine/processor for performing computation of the method The projection of graphical pattern light on a face does not appear to be used in any way and is therefore deemed extra-solution activity.
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 401-407, 410-413, 415-416 and 418-420 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of USPNs 2021/0174934 to Kilmer et al. and 10,248,842 to Bardagjy et al.
With regard to claim 401, Kilmer discloses a dual use [head mountable] system for projecting graphical content and for interpreting non-verbal speech, the [head mountable] system comprising:
[a wearable housing configured to be worn on a head of an individual];
at least one light source (Fig. 2, speckle detection and tracking 12, and paragraphs [0055]-[0056], speckle light pattern is projected onto the face) [associated with the wearable housing] and configured to project light in a graphical pattern on a facial region of the individual, wherein the graphical pattern is configured to [visibly] convey information (paragraphs [0056]-[0058] and [0062]-[0066], Speckle pattern is projected onto the subject’s face to convey information for tracking facial features);
a sensor for detecting a portion of the light reflected from the facial region (Fig. 2, tracking sensor 12 and paragraph [0056], The camera images the face with the projected pattern in order to track facial feature movements and expressions);
at least one processor (Fig. 2, image processing 14) configured to:
receive output signals from the sensor (paragraph [0057], The camera images the face with the projected pattern in order to track facial feature movements and expressions and the image processor 14, evaluates the images);
determine from the output signals facial skin micromovements associated with non-verbalization (paragraphs [0045]-[0047] and [0066]-[0073], Facial feature movements are tracked and categorized using the FACS standard system that categorizes very specific subtle facial muscle movements and determines facial expression which is interpreted as facial skin micromovements associated with non-verbalization. The determined facial expressions are considered associated with non-verbalization. FACS covers a wide array of facial expressions, most of which are considered to be associated with non-verbalization); and
process the output signals to interpret the facial skin micromovements (paragraphs [0045]-[0047] and [0066]-[0073], Facial feature movements are tracked and categorized using the FACS standard system that categorizes very specific subtle facial muscle movements and determines facial expression).
Kilmer does disclose that the system is head mounted and does not disclose that the projected light pattern visibly conveys information. Kilmer discloses a laser projected light or a narrow-band source outside the visible spectrum (paragraph [0055]).
Bardagjy discloses a projected light pattern system for tracking a subject’s face and facial expressions (column 7, lines 15-20) similar to that of Kilmer and discloses that the system is head mounted display HMD (Fig. 1). Bardagjy further teaches that the projected light pattern visibly conveys information in a visible wavelength (column 5, lines 35-50). Bardagjy gives them example of structured projected light as a binary code that visibly conveys information, and Bardagjy also teaches that some embodiments may be visible light, and some embodiments may project light in a spectrum that is not visible.
Therefore it would have been obvious to one of ordinary skill in the art before time of filing to use a head mounted system and light patterns that visibly convey information as taught by Bardagjy in combination with Kilmer in order to allow tracking of facial expressions with visible light pattern from a head mounted system.
With regard to claim 402, Bardagjy discloses wherein the at least one processor is further configured to receive a selection of the graphical pattern and to control the at least one light source to project the selected graphical pattern (column 5, lines 35-50, Bardagjy implies that a selection of a pattern is made because many different types of patterns are listed and the projecting of the pattern happens response to instruction).
With regard to claim 403, Kilmer discloses wherein the graphical pattern is constructed of a plurality of spots for use in determining the facial skin micromovements via speckle analysis (paragraphs [0055]-[0057] and [0066], The speckle pattern is used to track facial expressions using the FACS system).
With regard to claim 404, Bardagjy discloses wherein the projected light is configured to be visible via a human eye to individuals other than the individual (column 5, lines 35-50, A person viewing the person wearing the HMD would be able to see that projected visible light pattern on the persons face).
With regard to claim 405, Bardagjy discloses wherein the projected light is visible via an infrared sensor (column 5, lines 45-50). Kilmer also implies near infrared or infrared (paragraph [0055]: “On the contrary, the invention is intended to operate using available light or, as will be further discussed, a narrow-band source outside the visible spectrum).
With regard to claim 406, Kilmer discloses wherein the projected light source includes a laser (paragraph [0055], “laser speckle”).
With regard to claim 407, Bardagjy discloses wherein the at least one processor is configured to alter the graphical pattern over time (column 5, lines 30-50, The projection of light occurs in response to instruction and there are many different kinds of projected light pattens that may be used).
With regard to claim 410, Bardagjy discloses wherein the at least one processor is further configured to detect a trigger and to cause the graphical pattern to be displayed in response to the trigger (column 5, lines 29-35, “For instance, responsive to an instruction, the electronic display 200 emits illumination light for a period of time. The illumination light is for illuminating a portion of a face of a user for image capture. The illumination light may include one or more types of a broad range of light, for example, light having a certain monochrome color, a pattern of structured light, some other type of light, or some combination thereof.” The trigger is considered activated in response to the instruction).
With regard to claim 411, Kilmer discloses wherein processing the output signals to interpret the facial skin micromovements includes determining non-verbalized speech from the facial skin micromovements (paragraphs [0045]-[0047] and [0066]-[0073], Facial feature movements are tracked and categorized using the FACS standard system that categorizes very specific subtle facial muscle movements and determines facial expression which is interpreted as facial skin micromovements associated with non-verbalization. The determined facial expressions are considered associated with non-verbalization. FACS covers a wide array of facial expressions, most of which are considered to be associated with non-verbalization).
Applicant’s specification defines “non-verbalized speech” in paragraph [1120] of the specification as follows: “For example, non-verbal speech may include communications using gestures or body language, facial expressions, sign language, visual aids, symbols and icons, or other ways of communications other than sounding out, or vocalizing, words.”
The determined facial expression of Kilmer are accordingly interpreted as non-verbalized speech.
With regard to claim 412, Kilmer discloses wherein the at least one processor is configured to determine the graphical pattern from the non-verbalized speech (paragraphs [0056]-[0058] and [0062]-[0066], Speckle pattern is projected onto the subject’s face to convey information for tracking facial features. The speckle pattern is projected onto the face, and the non-verbalized speech or facial expression is considered to determine the graphical pattern by the movement of the face while the pattern is projected onto it).
With regard to claim 413, Kilmer discloses wherein processing the output signals to interpret the facial skin micromovements includes determining an emotional state from the facial skin micromovements (paragraphs [0045]-[0047] and [0066]-[0073], Facial feature movements are tracked and categorized using the FACS standard system that categorizes very specific subtle facial muscle movements and determines facial expression. The facial expressions are also linked to emotional states).
With regard to claim 415, Kilmer discloses further comprising an integrated audio output and wherein the at least one processor is configured to initiate an action that involves outputting audio via the audio output (paragraphs [0048] and [0058], The system is configured with audio/video service over a networked connection for communication).
With regard to claim 416, Bardagjy discloses wherein the at least one processor is configured to identify a trigger and to modify the pattern based on the trigger (column 5, lines 35-50, Bardagjy implies that a selection of a pattern is made because many different types of patterns are listed and the projecting of the pattern happens response to instruction. The trigger is considered the instruction used to initiate the light projection. Depending on which pattern is instructed, the pattern will be modified when a different patten is projected than was previously projected).
With regard to claim 418, Bardagjy discloses wherein modifying the pattern includes ceasing the projection of the graphical pattern (column 5, lines 27-50, The pattern is projected ins response to ana instruction, and the pattern is also said to be projected for some specified amount of time, therefore the graphical pattern modification is considered to be ceased according to the same instructions of the system).
With regard to claim 419, the discussion of claim 401 applies. Kilmer discloses that computer program is used to operate the system discussed in claim 401 (Fig, 2, the image processing module requires instructions to perform the image processing. See also paragraphs [0058] and [0067]).
With regard to claim 420, the discussion of claim 401 applies. Kilmer discloses a method in the operation of steps performed by the system of claim 401.
Allowable Subject Matter
Claims 408, 409, 414 and 417 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: .
No found prior art of record teaches or fairly suggests the specific limitations of dependent claims 408, 409, 414 and 417.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WESLEY J TUCKER whose telephone number is (571)272-7427. The examiner can normally be reached 9AM-5PM Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOHN VILLECCO can be reached at 571-272-7319. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WESLEY J TUCKER/Primary Examiner, Art Unit 2661
Prosecution Insights