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 Objections
The following claims are objected to because of the following informalities:a. Claims 1 and 10 reads "a distance measuring element provided on an outer side of the glasses frame;”. The phrase should read “a distance measuring element provided on an outer side of the glasses frame; wherein the distance measuring element configured to adjust a focal length of an image projected by glasses” or the like for clarity. Please consider revising and clarifying.
b. Claims 4 and 13 reads “a size of an aperture of each one of the electronically controlled zoom lenses” that lacks clarity, and specification fails to define “an aperture”. Please consider revising and clarifying.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “an aperture of each one of the electronically controlled zoom lenses 30” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 nonobviousness.
Claims 1-3, 5, 6, 10-12, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over BAI, Han-bing (CN 112835210 A; herein after “BAI”; Espacenet MT attached) in view of ARDISANA et al. (US PUB 2020/0204787; herein after “ARDISANA”).
BAI and ARDISANA disclose Intelligent/Smart glasses. Therefore, they are analogous art.
Regarding claim 1, BAI teaches Intelligent glasses (a smart (Intelligent) zoom myopia glasses, see FIG. 1), comprising: a glasses frame (1); a distance measuring element provided on an outer side of the glasses frame (e.g., issuing commands to the electrically controlled liquid zoom lens 3 (distance measuring element) to perform real-time adjustments to optical characteristics such as focal length, see para. n0021, also see para. n0024); one or more electronically controlled zoom lenses (3) provided in the glasses frame, one of the electronically controlled zoom lenses being provided with a control circuit, the distance measuring element being in signal connection with the control circuit (e.g., The programmable logic control chip 6 is controlled by a circuit with the electrically controlled liquid zoom lens 3, see para. n0021); one or more optical machines (e.g., battery pack 4) provided in the glasses frame, the one or more optical machines being corresponding to the one or more electronically controlled zoom lenses respectively, the one or more optical machines being electrically connected with the control circuit (see para. n0021); one or more waveguide plates (e.g., outer protective layer 7) provided on a side of the electrically controlled zoom lenses (3) away from the optical machines (as shown in FIG. 1, para. n0022 and n0027), lights emitted by the optical machines being projected to the corresponding waveguide plates by the corresponding electrically controlled zoom lenses (i.e., the programmable logic control chip is connected to a mobile APP issues commands to adjust the focal length, interpupillary distance, and light transmittance of the electronically controlled liquid zoom lens, see para. n0009, also see para. n0024).
BAI teaches all limitations except for explicit teaching of a distance measuring element provided on an outer side of the glasses frame; one or more waveguide plates; and one or more optical machines.
However, in a related field of endeavor ARDISANA teaches a distance measuring device 108 such as a laser measuring device, FIG. 2, para. [0033]; In another example, the calibration algorithm receives the distance from a distance measuring device 108 such as a laser measuring device incorporated into the eyewear, para. [0043].
Support structure 13 supports the first and second cameras 10, 11. Support structure 13 also supports one or more optical elements within a field of view of a user when worn by the user. For example, central frame portion 16 supports the one or more optical elements. As used herein, the term “optical elements” refers to lenses, transparent pieces of glass or plastic, projectors, screens, displays and other devices for presenting visual images or through which a user perceives visual images, para. [0017].
The orientations of the image capture eyewear, associated components, and any devices incorporating an LED such as shown in any of the drawings, para. [0014] … signals or light produced or supplied by one system element (e.g., LED), para. [0013].
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 device of BAI such that signals or light produced or supplied by one system element like a LED for a calibration algorithm measure distance with a distance measuring device, such as a laser measuring device incorporated into the eyewear, where a central frame portion supports the one or more optical elements such as, transparent pieces of glass or plastic (e.g., waveguide plates) and other devices as taught by ARDISANA, for the purpose of obtaining stereoscopic imaging algorithm can extract depth information by comparing information about a scene from the stereoscopic images by the eyewear.
Regarding claim 10, BAI teaches an intelligent device (a smart (Intelligent) zoom myopia glasses, see FIG. 1), comprising: intelligent glasses, comprising: a glasses frame; a distance measuring element provided on an outer side of the glasses frame; one or more electronically controlled zoom lenses provided in the glasses frame, one of the electronically controlled zoom lenses being provided with a control circuit, the distance measuring element being in signal connection with the control circuit; one or more optical machines provided in the glasses frame, the one or more optical machines being corresponding to the one or more electronically controlled zoom lenses respectively, the one or more optical machines being electrically connected with the control circuit; one or more waveguide plates provided on a side of the electrically controlled zoom lenses away from the optical machines, lights emitted by the optical machines being projected to the corresponding waveguide plates by the corresponding electrically controlled zoom lenses (as set forth in claim 1 above, see para. n0005, n0009 and n0021).
BAI fails to teach a mobile terminal; wherein the mobile terminal is in signal connection with the control circuit or the optical machines of the intelligent glasses.
However, in a related field of endeavor ARDISANA teaches the image capture eyewear 12 to directly send a stereoscopic image(s) to one or more recipients (e.g., recipients 51 via Internet 53) without the need for a separate computing device. Additionally, processing described herein as performed by eyewear 12 (e.g., one or more steps of the calibration and stereoscopic algorithms) may be performed by a remote processor coupled to the eyewear device 12 such as a processor within the personal computing device 51 (e.g., a remote terminal), para. [0033], FIG. 2.
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 device of BAI such that one or more steps of the calibration and stereoscopic algorithms may be performed by a remote processor coupled to the eyewear device such as a processor within the personal computing device (e.g., a remote terminal) as taught by ARDISANA, for the purpose of obtaining stereoscopic imaging algorithm can extract depth information by comparing information about a scene from the stereoscopic images by the eyewear.
Further, BAI teaches all other limitations except for explicit teaching of a distance measuring element provided on an outer side of the glasses frame; one or more waveguide plates; and one or more optical machines.
However, in a related field of endeavor ARDISANA teaches a distance measuring device 108 such as a laser measuring device, FIG. 2, para. [0033]; In another example, the calibration algorithm receives the distance from a distance measuring device 108 such as a laser measuring device incorporated into the eyewear, para. [0043].
Support structure 13 supports the first and second cameras 10, 11. Support structure 13 also supports one or more optical elements within a field of view of a user when worn by the user. For example, central frame portion 16 supports the one or more optical elements. As used herein, the term “optical elements” refers to lenses, transparent pieces of glass or plastic, projectors, screens, displays and other devices for presenting visual images or through which a user perceives visual images, para. [0017].
The orientations of the image capture eyewear, associated components, and any devices incorporating an LED such as shown in any of the drawings, para. [0014] … signals or light produced or supplied by one system element (e.g., LED), para. [0013].
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 device of BAI such that signals or light produced or supplied by one system element like a LED for a calibration algorithm measure distance with a distance measuring device, such as a laser measuring device incorporated into the eyewear, where a central frame portion supports the one or more optical elements such as, transparent pieces of glass or plastic (e.g., waveguide plates) and other devices as taught by ARDISANA, for the purpose of obtaining stereoscopic imaging algorithm can extract depth information by comparing information about a scene from the stereoscopic images by the eyewear.
Regarding claims 2 and 11, BAI teaches the glasses frame (1) comprises a frame body (1) and two glasses legs (2), the two glasses legs are connected to both sides of the frame body, the waveguide plates (7) are arranged in the frame body (as shown in FIG. 1), and the distance measuring element and the electrically controlled zoom lenses (3) are respectively arranged on opposite sides of the waveguide plates (7) (as shown in FIG. 1, para. n0021)
BAI fails to teach the waveguide plates are configured to transmit lights of optical images generated by the optical machines to user's eyes, and the distance measuring element is arranged on a side of the frame body away from the user's eyes.
However, in a related field of endeavor ARDISANA teaches the eyewear 12 performs a calibration prior to generating stereoscopic images. The calibration algorithm includes capturing images from both cameras 10 and 11 and determining the relative fields of view between the cameras by matching features between corresponding images captured by each of the cameras (i.e., what is the relative movement of a feature between right camera 10 and left camera 11), para. [0032], FIG. 1A; and the cameras 10 &11 are away from the user's eyes, as shown in FIGS. 1A-D.
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 device of BAI such that the calibration algorithm includes capturing images from both cameras to determine the relative fields of view between the cameras by matching features between corresponding images captured by each of the cameras, and the cameras (e.g., distance measuring elements) are away from the user's eyes as taught by ARDISANA, for the purpose of obtaining stereoscopic imaging algorithm can extract depth information by comparing information about a scene from the stereoscopic images by the eyewear.
Regarding claims 3 and 12, BAI teaches the electronically controlled zoom lenses (3) and the optical machines (4) are arranged at an end of the glasses legs (2) connecting the frame body (as shown in FIG. 1).
Regarding claims 5 and 14, BAI teaches the control circuit is arranged in one of the optical machines, and the electrically controlled zoom lens are electrically connected with the optical machine (e.g., electrically controlled liquid zoom lens 3, see para. n0021).
Regarding claims 6 and 15, BAI teaches the control circuit is arranged in the frame body (3) or one of the two glasses legs (2), the distance measuring element, the electrically controlled zoom lenses (3), and the optical machines are electrically connected with the control circuit (i.e., The battery pack 4 is electrically connected to the electrically controlled liquid zoom lens 3, … The programmable logic control chip 6 is controlled by a circuit with the electrically controlled liquid zoom lens 3, para. [n0021).
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over BAI in view of ARDISANA, and further in view of Ma et al. (US PUB 2018/0024366; herein after “Ma”).
Regarding claims 4 and 13, BAI in view of ARDISANA fails to teach a size of an aperture of each one of the electronically controlled zoom lenses is 0.1 mm˜10 mm, an overall thickness of each one of the electronically controlled zoom lenses is 0.1 mm˜5 mm.
However, in a related field of endeavor Ma teaches the augmented reality glasses 100 include two lens portions 205. In this implementation, each of the lens portions 205 includes a portion of the eyeglass substrate 105, at least two display elements of the display system 110 and an instance of the beam-splitting optics 120. In this implementation, each of the lens portions 205 also includes at least one image optics element, which may be similar to the image optics elements 215a and 215b shown in FIG. 2. In some examples, each of the lens portions 205 may have a thickness that is comparable to that of an ordinary pair of eyeglass lenses. In some such examples, each of the lens portions 205 may have a thickness that is less than 5 mm, e.g., between 2 mm and 5 mm, para. [0037], FIG. 3.
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 device of BAI in view of ARDISANA such that the augmented reality glasses include two lens portions (e.g., an aperture of the zoom lenses), and each of the lens portions may have a thickness that is comparable to that of an ordinary pair of eyeglass lenses. In some such examples, each of the lens portions may have a thickness that is less than 5 mm, e.g., between 2 mm and 5 mm as taught by Ma, for the purpose of obtaining a scene from the virtual images of the eyeglasses.
Furthermore, it has held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges such as an aperture of zoom lenses is 0.1 mm˜10 mm and the overall thickness of the lenses is 0.1 mm˜5 mm involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject Matter
Claims 7-9 and 16-18 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 claims 7 and 16, the prior art does not teach, or renders obvious, regarding the distance measuring element comprises one or more light-emitting chips and one or more sensors that are electrically connected with each other and facing a front of the user, and are at least partially exposed to an outer surface of the glasses frame to reduce the user's sense of dizziness.
Closest prior art BAI disclose “The programmable logic control chip 6 is controlled by a circuit with the electrically controlled liquid zoom lens 3.,” see para. n0021.
However, BAI fails to teach the claimed limitations of claim 7 and 16 as cited above.
Claims 8-9 and 17-18 depend upon either allowable claim 7 or 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rodriguez et al. (US PUB 2021/0231953) teaches “a device such as the display mechanism 104 of smart glasses 100, low-power circuitry may operate using drivers 924 that only contain BLUETOOTH® Low Energy drivers and basic logic for managing communications and controlling other devices, with other drivers operating with high-speed circuitry.”, para. [0046], FIG. 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSTAK CHOUDHURY whose telephone number is (571)272-5247. The examiner can normally be reached on M-F 8AM-5PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached on (571)272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUSTAK CHOUDHURY/Primary Examiner, Art Unit 2872
August 3, 2026
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