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 .
Information Disclosure Statement
The information disclosure statements (IDS’s) submitted on 12/6/2024 and 12/6/2024 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over respective claims 1-20 of U.S. Patent No. 12,158,592 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the claims of the current invention are disclosed in the respective claims of the Patent and are therefore anticipated by said respective claims.
Current Application
U.S. Patent 12,158,592 B2
1. A system comprising:
a wearable head device comprising:
a frame adapted to position a display in front of an eye of a user of the wearable head device, the display comprising a lower optics module coupled to the frame, the lower optics module comprising a partially transmissive optical element; an upper optics module coupled to the frame and configured to provide image light to the lower optics module; and
a light source configured to provide illuminating light to the upper optics module; and one or more sensors configured to provide a sensor input;
wherein the wearable head device
is configured to communicate with one or more processors configured to: receive a user input from the user via a user interface in communication with the wearable head device,
receive a sensor input via the one or more sensors;
present control instructions to the device external to the wearable head device, the control instructions based on the sensor input and on the user input, receive a device input from the device external to the wearable head device, and present, via the display, graphical content based on the device input.
1. (A system is inherent)
A wearable head device comprising:
a frame adapted to position a display in front of an eye of a user of the wearable head device, the display comprising a lower optics module coupled to the frame, the lower optics module comprising a partially transmissive optical element; an upper optics module coupled to the frame and configured to provide image light to the lower optics module;
a light source configured to provide illuminating light to the upper optics module; and one or more sensors configured to provide a sensor input;
wherein the display (the display is comprised in the wearable head device, so the wearable head device is inherently configured to communicate with the processor(s))
is in communication with one or more processors configured to: receive a user input from the user via a user interface in communication with the wearable head device,
determine a device type of a device external to the wearable head device,
(sensor input is inherently received since control instructions are based on sensor input)
present control instructions to the device external to the wearable head device, the control instructions based on the sensor input and on the user input, receive a device input from the device external to the wearable head device, and present, via the display, graphical content based on the device input
and the determined device type.
2. The wearable head device of claim 1, wherein the device external to the wearable head device comprises one or more of a mobile phone, a vehicle, a second wearable head device, and a server in communication with a database.
2. The wearable device of claim 1, wherein the device external to the wearable head device comprises one or more of a mobile phone, a vehicle, a second wearable head device, and a server in communication with a database.
3. The wearable head device of claim 2, wherein the device external to the wearable head device comprises the mobile phone and the user interface comprises a user interface of the mobile phone.
3. The wearable head device of claim 2, wherein the device external to the wearable head device comprises the mobile phone and the user interface comprises a user interface of the mobile phone.
4. The wearable head device of claim 1, wherein the user interface comprises a user interface of a dedicated input device.
4. The wearable head device of claim 1, wherein the user interface comprises a user interface of a dedicated input device.
5. The wearable head device of claim 1, wherein the user input comprises gesture input.
5. The wearable head device of claim 1, wherein the user input comprises gesture input.
6. The wearable head device of claim 1, wherein the one or more sensors comprises an image sensor.
6. The wearable head device of claim 1, wherein the one or more sensors comprises an image sensor.
7. The wearable head device of claim 6, wherein the sensor input comprises one or more images of the eye of the user.
7. The wearable head device of claim 6, wherein the sensor input comprises one or more images of the eye of the user.
8. The wearable head device of claim 7, wherein the one or more processors are further configured to determine, based on the one or more images of the eye of the user, a gaze of the user; and wherein presenting the graphical content is further based on the gaze of the user.
8. The wearable device of claim 7, wherein the one or more processors are further configured to determine, based on the one or more images of the eye of the user, a gaze of the user; and wherein the graphical content is further based on the gaze of the user.
9. The wearable head device of claim 7, wherein the one or more processors are further configured to: at a first time, present the graphical content at a first location on the display, the first location within a field of view of the user, determine an eye movement of the user, at a second time, receive an indication that the eye movement of the user comprises a predetermined eye movement, and at a third time, in response to receiving the indication, present the graphical content at a second location outside the field of view of the user.
9. The wearable head device of claim 7, wherein the one or more processors are further configured to: at a first time, present the graphical content at a first location on the display, the first location within a field of view of the user, determine an eye movement of the user, at a second time, receive an indication that the eye movement of the user comprises a predetermined eye movement, and at a third time, in response to receiving the indication, present the graphical content at a second location outside the field of view of the user.
10. The wearable head device of claim 9, wherein the predetermined eye movement comprises one or more of a predetermined speed of movement or a predetermined movement pattern.
10. The wearable head device of claim 9, wherein the predetermined eye movement comprises one or more of a predetermined speed of movement or a predetermined movement pattern.
11. A method comprising: receiving a user input from a user of a wearable head device via a user interface in communication with the wearable head device;
receiving a sensor input from a sensor of the wearable head device;
presenting control instructions to a device external to the wearable head device, the control instructions based on the sensor input and on the user input;
receiving a device input from the device external to the wearable head device; and presenting, via a display of the wearable head device, graphical content based on the device input;
wherein the wearable head device comprises: a frame adapted to position the display in front of an eye of the user, the display comprising a lower optics module coupled to the frame, the lower optics module comprising a partially transmissive optical element, an upper optics module coupled to the frame and configured to provide image light to the lower optics module, and a light source configured to provide illuminating light to the upper optics module.
11. A method comprising: receiving a user input from a user of a wearable head device via a user interface in communication with the wearable head device;
determining a device type of a device external to the wearable head device;
receiving a sensor input from a sensor of the wearable head device;
presenting control instructions to the device external to the wearable head device, the control instructions based on the sensor input and on the user input;
receiving a device input from the device external to the wearable head device; and presenting, via a display of the wearable head device, graphical content based on the device input
and the determined device type;
wherein the wearable head device comprises: a frame adapted to position the display in front of an eye of the user, the display comprising a lower optics module coupled to the frame, the lower optics module comprising a partially transmissive optical element, an upper optics module coupled to the frame and configured to provide image light to the lower optics module, and a light source configured to provide illuminating light to the upper optics module.
12. The method of claim 11, wherein the device external to the wearable head device comprises one or more of a mobile phone, a vehicle, a second wearable head device, and a server in communication with a database.
12. The method of claim 11, wherein the device external to the wearable head device comprises one or more of a mobile phone, a vehicle, a second wearable head device, and a server in communication with a database.
13. The method of claim 11, wherein the device external to the wearable head device comprises a mobile phone and the user interface comprises a user interface of the mobile phone.
13. The method of claim 11, wherein the device external to the wearable head device comprises a mobile phone and the user interface comprises a user interface of the mobile phone.
14. The method of claim 11, wherein the user interface comprises a user interface of a dedicated input device.
14. The method of claim 11, wherein the user interface comprises a user interface of a dedicated input device.
15. The method of claim 11 wherein the user input comprises gesture input.
15. The method of claim 11 wherein the user input comprises gesture input.
16. The method of claim 11, wherein the sensor comprises an image sensor.
16. The method of claim 11, wherein the sensor comprises an image sensor.
17. The method of claim 16, wherein the sensor input comprises one or more images of the eye of the user.
17. The method of claim 16, wherein the sensor input comprises one or more images of the eye of the user.
18. The method of claim 17, wherein the method further comprises: determining, based on the one or more images of the eye of the user, a gaze of the user; and wherein presenting the graphical content is further based on the gaze of the user.
18. The method of claim 17, wherein the method further comprises: determining, based on the one or more images of the eye of the user, a gaze of the user; and wherein presenting the graphical content is further based on the gaze of the user.
19. The method of claim 17, wherein the method further comprises: at a first time, presenting the graphical content at a first location on the display, the first location within a field of view of the user, determining an eye movement of the user, at a second time, receiving an indication that the eye movement of the user comprises a predetermined eye movement, and at a third time, in response to receiving the indication, presenting the graphical content at a second location outside the field of view of the user.
19. The method of claim 17, wherein the method further comprises: at a first time, presenting the graphical content at a first location on the display, the first location within a field of view of the user, determining an eye movement of the user, at a second time, receiving an indication that the eye movement of the user comprises a predetermined eye movement, and at a third time, in response to receiving the indication, presenting the graphical content at a second location outside the field of view of the user.
20. The method of claim 19, wherein the predetermined eye movement comprises one or more of a predetermined speed of movement or a predetermined movement pattern.
20. The method of claim 19, wherein the predetermined eye movement comprises one or more of a predetermined speed of movement or a predetermined movement pattern.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C CHOI whose telephone number is (571)272-2324. The examiner can normally be reached Monday- Friday, 9:00 am - 6:00 pm.
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/WILLIAM CHOI/Primary Examiner, Art Unit 2872 June 27, 2026
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