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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/15/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 (i.e., changing from AIA to pre-AIA ) 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, 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 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.
Claim 1-20 is/are rejected under 35 U.S.C. 103 as being obvious over Stafford (United States Patent Application Publication US 2017/0203213 A1) in view of Atsushi et. al. (International Patent Application Publication WO 2014156389 A1).
The applied reference has a common applicant (Sony Interactive Entertainment Inc.) with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding claim 1, Stafford discloses a head-mounted display apparatus, comprising: a display configured to present visual content to a user; at least one camera configured to capture images of an environment in front of the user; and a processor configured to (Stafford: Abstract, Fig. 1, [0033]-[0034]); control the display to present first content when in the first display state and second content when in the second display state; and repeat the distance determination and state evaluation at a predetermined frame rate (Stafford: Figure 12, [0042]: The user is able to change a displayable view within the virtual world by turning his head. [0044]: The triggering device can initiate a display of a displayable image on the display or the fading of brightness of images displayable by the head mounted display to the user. In one example embodiment, the triggering device stops displaying images by the head mounted device. In another example embodiment, the triggering device moves at least one display of the head mounted display away from the eyes of the user. [0082] A change in the position of the HMD worn by the user is detected while the user is interacting with the game.).
However, Stafford fails to disclose determine, based on the captured images, a shortest distance between the user and a reference point in the environment: maintain a state flag indicating one of a first display state and a second display state; when in the first display state, switch to the second display state if the determined shortest distance is less than a first threshold distance: when in the second display state, switch to the first display state if the determined shortest distance is greater than a second threshold distance, wherein the second threshold distance is greater than the first threshold distance;
Atsushi et. al. teaches determine, based on the captured images, a shortest distance between the user and a reference point in the environment (Atsushi et. al. [0024]: the external information may include various types of information representing the environment outside the user, such as distance information to objects in the surroundings of the user. [0025]: the external information detection unit may include various sensor devices that detect an external environment, such as an infrared sensor device, a distance sensor device, and a temperature sensor device.): maintain a state flag indicating one of a first display state and a second display state; when in the first display state, switch to the second display state if the determined shortest distance is less than a first threshold distance: when in the second display state, switch to the first display state if the determined shortest distance is greater than a second threshold distance, wherein the second threshold distance is greater than the first threshold distance (Atsushi et. al. [0047]-[0052]: The notification state control unit switches a notification state for the user of external information on the basis of the degree of need determined by the degree of need determination unit. For example, when the degree of need is equal to or greater than the first threshold, the notification state control unit can determine that the degree of need is high. Further, for example, when the degree of need is less than the first threshold and greater than or equal to a second threshold smaller than the first threshold, the notification state control unit can determine that the degree of need is medium. [0031]: The internal notification section is controlled by the control section to notify the user of various types of information in various formats. [0038]: Figure 3, The top row describes, as examples of external information, “human proximity”. “Person’s proximity” and “specific gesture” are information obtained from image information included in external information, meaning that an external person has come closer to a user wearing the shielded HMD device and making a specific gesture.). This is important to the claimed invention because the user needs information regarding the objects within the virtual and real environment to avoid collision while wearing the HMD device. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Stafford and Atsushi et. al. so that the user can easily know that peripheral objects are near or approaching the vicinity.
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Regarding claim 19, which discloses a display control method for a head-mounted display, the method corresponding to the device of claim 1, which the rejection analysis is incorporated herein.
Regarding claim 20, which discloses one or more non-transitory computer readable media including computer-program instructions, which when executed by a head-mounted display, corresponds to the device of claim 1, which the rejection analysis is incorporated herein.
Regarding claim 2, Stafford and Atsushi et. al. disclose the head-mounted display apparatus according to claim 1, and Atsushi et. al. further discloses wherein the second content comprises visual indication data representing proximity to the reference point (Atsushi et. al. [0038], Fig.3, The top row describes, as examples of external information, “human proximity”).
Regarding claim 3, Stafford further discloses the head-mounted display apparatus according to claim 2, wherein the visual indication data includes the captured images from the at least one camera (Stafford [0033]-[0034]: the HMD includes any number of external cameras).
Regarding claim 4, Stafford and Atsushi et. al. disclose the head-mounted display apparatus according to claim 1, and Atsushi et. al. further discloses wherein the processor is further configured to determine the shortest distance using the same captured images that are displayed as part of the second content when in the second display state (Atsushi et. al. [0024]: the external information may include various types of information representing the environment outside the user, such as distance information to objects surrounding the user, [0025]: the external information detection unit may include various sensor devices that detect an external environment, such as an infrared sensor device, a distance sensor device, and a temperature sensor device. Here, the distance sensor device can determine the shortest distance, which is a well-known function of sensors in the state of the art).
Regarding claim 5, Stafford and Atsushi et. al. disclose the head-mounted display apparatus according to claim 1, and Stafford further discloses wherein the processor is further configured to generate the images captured by the at least one camera at the predetermined frame rate irrespective of whether the display is in the first display state or the second display state (Stafford [0033]-[0035]).
Regarding claim 6, Stafford and Atsushi et. al. disclose the head-mounted display apparatus according to claim 1, and Atsushi et. al. further discloses wherein the difference between the first threshold distance and the second threshold distance prevents alternation between the first display state and the second display state at short intervals (Atsushi et. al. [0053]: when the degree of need determined by the degree of need determination section is “low” (for example, when the degree of need determined by the degree of need section is less than the second threshold), the notification state control section may not change the display and audio output of the display screen of the internal notification section, that is, may not notify the user of the external information.).
Regarding claim 7, Stafford and Atsushi et. al. disclose the head-mounted display apparatus according to claim 1, and Stafford further discloses wherein the first content comprises entertainment content provided by an entertainment apparatus (Stafford [0065]: The HMD is configured to provide a view into an interactive scene of a video game, for example, at the display portion of the HMD.).
Regarding claim 8, Stafford and Atsushi et. al. disclose the head-mounted display of claim 1, and Stafford further discloses wherein the first display state is a forced-state and the second display state is a non-forced state (Stafford, [0075]: Examples of the state of the interactive program include active, idle, etc. The active state is a state when the interactive program is being executed by the game processor to determine another state of the interactive program. Each active state is executed to generate a scene in the HMD. The idle state is a state when the interactive program is not being executed by the game processor. For example, when the interactive program is waiting for input from the user via the controller, the interactive program is in the idle state.).
Regarding claim 9, Stafford and Atsushi et. al. disclose the head-mounted display of claim 1, and Atsushi et. al. further discloses wherein the display state is configured to be changed between the first display state and the second display state in response to a received user input (Atsushi et. al. [0050]: the notification state control section may switch the display of the display screen and audio output of the internal notification section from the content image and audio to the external image and audio.).
Regarding claim 10, Stafford and Atsushi et. al. disclose the head-mounted display of claim 1, and Stafford further discloses further comprising: a user interface configured to receive a user input to change the display state between the first display state and the second display state (Stafford, [0075]: Examples of the state of the interactive program include active, idle, etc. The active state is a state when the interactive program is being executed by the game processor to determine another state of the interactive program. Each active state is executed to generate a scene in the HMD. The idle state is a state when the interactive program is not being executed by the game processor. For example, when the interactive program is waiting for input from the user via the controller, the interactive program is in the idle state.).
Regarding claim 11, Stafford and Atsushi et. al. disclose the head-mounted display of claim 1, and Stafford further discloses wherein the processor is further configured to change the display state between the first display state and the second display state in accordance with the detected distance between the head-mounted display and the reference point in the environment (Stafford: Figure 12, [0042]: The user is able to change a displayable view within the virtual world by turning his head. [0044]: The triggering device can initiate a display of a displayable image on the display or the fading of brightness of images displayable by the head mounted display to the user. In one example embodiment, the triggering device stops displaying images by the head mounted device. In another example embodiment, the triggering device moves at least one display of the head mounted display away from the eyes of the user. [0082] A change in the position of the HMD worn by the user is detected while the user is interacting with the game).
Regarding claim 12, Stafford and Atsushi et. al. disclose the head-mounted display of claim 1, and Stafford further discloses wherein the processor is further configured to detect a change in height of the head-mounted display in response to an output of a sensor; and change between the first display state and the second display state in response to detecting that a height of the head-mounted display has decreased (Stafford [0083]: The various embodiments are able to detect elevation positions of the HMD and/or the controller in a plurality of ways, including heigh comparisons the HMD).
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Regarding claim 13, Stafford and Atsushi et. al. disclose the head-mounted display of claim 1, and Stafford further discloses wherein the processor is further configured to detect a predetermined image in the image captured by the camera; and change the display state between the first display state and the second display state in response to detecting a predetermined image in the image captured by the camera (Stafford [0054]-[0055] the user approaches an edge of a scene. The user is then warned that the user approaches the edge of the scene based on the determination performed at operation 530. The warning can include an audio message, a visible message, turning on light emitting diodes, gradual fading of images displayed on the head mounted display, blending displayed images in the real world view).
Regarding claim 14, Stafford and Atsushi et. al. disclose the head-mounted display of claim 1, and Stafford further discloses wherein the processor is further configured to change the display state between the first display state and the second display state in response to detecting a predetermined event (Stafford [0082]: A change in the position of the HMD worn by the user is detected while the user is interacting with the game. If the change in position of the HMD exceeds the pre-defined threshold value, a signal is generated by the code module at the client device. Based on the signal generated at the client device, data is transmitted to the HMD to cause interruption and/or adjustment of the content rendered on the HMD. The adjustment to the content can be graduated to allow the user to extricate from the video game or slowly immerse back into the video game, after having been interrupted, depending on the signal.).
Regarding claim 15, Stafford further discloses the head-mounted display of claim 14, wherein the predetermined event corresponds to reception of a signal from a device external to the head-mounted display (Stafford [0082] A change in the position of the HMD worn by the user is detected while the user is interacting with the game. If the change in position of the HMD exceeds the pre-defined threshold value, a signal is generated by the code module at the client device. Based on the signal generated at the client device, data is transmitted to the HMD to cause interruption and/or adjustment of the content rendered on the HMD. The adjustment to the content can be graduated to allow the user to extricate from the video game or slowly immerse back into the video game, after having been interrupted, depending on the signal.).
Regarding claim 16, Stafford and Atsushi et. al. disclose the head-mounted display of claim 1, and Stafford further discloses wherein the processor is configured to control the non-transmissive display to stop displaying the first content in a case that the display state changes from the second display state to the first display state; and control the non-transmissive display to resume displaying the first content in a case that the display state changes from the first display state to the second display state (Stafford: [0033]: The head mounted device, which is word on a head of a user or which is a part of a helmet, has a small display optic in front of one or each eye. The display units can be miniaturized and may include a Liquid Crystal Display (LCD), Organic Light-Emitting Diode (OLED) display. Figure 12, [0042]: The user is able to change a displayable view within the virtual world by turning his head. [0044]: The triggering device can initiate a display of a displayable image on the display or the fading of brightness of images displayable by the head mounted display to the user. In one example embodiment, the triggering device stops displaying images by the head mounted device. In another example embodiment, the triggering device moves at least one display of the head mounted display away from the eyes of the user. [0082] A change in the position of the HMD worn by the user is detected while the user is interacting with the game.).
Regarding claim 17, Stafford further discloses the head-mounted display of claim 7, wherein the reference point in the environment is represented by pixels generated by the entertainment apparatus (Stafford [0108]: video source and video frame pixels are generated on a display device).
Regarding claim 18, Stafford and Atsushi et. al. disclose the head-mounted display of claim 1, and Stafford further discloses wherein the processor is further configured to control the non-transmissive display to pause an operation associated with reproduction of the first content in a case that the display state changes from the second display state to the first display state; and control the non-transmissive display to resume the operation associated with reproduction of the first content in a case that the display state changes from the first display state to the second display state (Stafford: Figure 12, [0042]: The user is able to change a displayable view within the virtual world by turning his head. [0044]: The triggering device can initiate a display of a displayable image on the display or the fading of brightness of images displayable by the head mounted display to the user. In one example embodiment, the triggering device stops displaying images by the head mounted device. In another example embodiment, the triggering device moves at least one display of the head mounted display away from the eyes of the user. [0082] A change in the position of the HMD worn by the user is detected while the user is interacting with the game. If the change in position of the HMD exceeds the pre-defined threshold value, a signal is generated by the code module at the client device. Based on the signal generated at the client device, data is transmitted to the HMD to cause interruption and/or adjustment of the content rendered on the HMD. The adjustment to the content can be graduated to allow the user to extricate from the video game or slowly immerse back into the video game, after having been interrupted, depending on the signal.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA YIFANG LIN whose telephone number is (571)272-6435. The examiner can normally be reached M-F 7:00am-6:15pm, with optional day off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vu Le can be reached at 571-272-7332. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA YIFANG LIN/Examiner, Art Unit 2668 August 18, 2026
/VU LE/Supervisory Patent Examiner, Art Unit 2668
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