Detailed Office 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 .
Status: Please all the replies and correspondence should be addressed to Examiner’s art unit 2629. Receipt is acknowledged of papers submitted on 12-2-2024 under new application as being continuation of parent Applications # 18965470 is continuation of children application # 18,383,113 10/24/2023 matured to patent # 1216065113 is continuation of 17/650,631 02/10/2022 matured to US Patent # 11812134 which is continuation of 16/816,781 03/12/2020 matured to US Patent # 11265457 which is a Continuation of 15/717,663 09/27/2017 US Patent # 10623628 which claims benefit of Provisional Application # 62/400,241 09/27/2016 , which have been placed of record in the file. Claims 1-19 are pending in this action.
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Information Disclosure Statement
The two of the information disclosures statement (IDS) submitted on 12-02-2024, 12-02-2024, 09-30-2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) with a specific reference to the prior-filed application in compliance with 37 CFR 1.78(a) is included in the first sentence(s) of the specification following the title or in an application data sheet.
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.
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(s) 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andes Ian Edward et al. (US 20130214998 A1) hereinafter referenced as Andes et al. in view of Watorowski Tomasz et al. (US 20160299571 A1) hereinafter referenced as Watorowski et al.
Regarding Claim 1, Andes et al. discloses An eyewear device (Fig. 6) comprising: a device body configured for wearing by a user (para. 43); onboard electronics incorporated in the device body (Figure 1, 2, Item # 101, page 2, para. 41); a primary input mechanism incorporated in the eyewear body and configured to provide a primary command channel to receive user inputs for controlling one or more functionalities of the onboard electronics (para. 41, disclosing a housing 204 that contains electronics 101, fig, 1 (e.g., microcontroller 102, wireless receiver/transceiver 106, internal sensors 110, audio output device 120, user interface 150, and interface 130, if included, paras. 33-34 discloses microcontroller part of the electronic interpret various input including input from user controlling electronic functionality, 62, 67, 68, 71, 81, 87, 99, 115, 121 a primary input mechanism incorporated in the eyewear body and configured to provide a primary command channel to receive user inputs for controlling one or more functionalities of the onboard electronics); and a tap input mechanism configured to receive tap input from the user via tap motion imparted to the device body, wherein the tap input mechanism is configured to provide for recognition and execution of no more than a single effective tap command (paras. paras. 33, 62, 65, 67, 71, 81, 87, 99, 115, 121 disclosing receive tap input from the user via tap motion imparted to the device body to recognize and to execute different as well as single command, please notice Andes et al. does not explicitly recite imparting).
However, prior art of Watorowski et al. discloses and recites explicitly The housing can be any suitable type for receiving tap motion and rotational motion input, so long as the sensors 208 are capable of sensing motion input imparted at the housing. The one or more sensors 208 can comprise any number of accelerometers and/or gyroscopic sensors capable of sensing tap input and rotational motion input (para. 27).
Andes et al. teaches The eyewear includes one or more input and output mechanisms permitting communication with and control of the electronics.
Andes et al. teaches detection of control taps applied by the user to the frame of the glasses. Such control tap detection is performed by accelerometers incorporated in the frame.
Watorowski et al. teaches a tap input mechanism configured to receive tap input from the user via tap motion imparted to the device body.
Hence the prior art includes each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
In combination, Andes et al. performs the same function as it does separately of managing process of the tap input in an eyewear mounted on the user head
Watorowski et al. performs the same function as it does separately of a tap input mechanism configured to receive tap input from the user via tap motion imparted to the device body.
Therefore one of ordinary skill in the art could have combined the elements as claimed by known methods, and that in combination, each element merely performs the same function as it does separately.
The results of the combination would have been predictable and it would have been obvious to one of ordinary skill in the art to modify the invention of Andes et al. to include a tap input mechanism configured to receive tap input from the user via tap motion imparted to the device body, as disclosed by Watorowski et al. thereby able to use various motions to issue input control commands to control operating electronic of an eyewear as Watorowski et al. discusses at para. 2.
Regarding Claim 2, Andes et al. discloses the single effective tap command is a toggle command that serves to switch a specific device function between two different modes (para. 71, 81).
Regarding Claim 3, Andes et al. discloses the toggle command serves to toggle a visual charge level indicator incorporated in the eyewear device between an on mode and an off mode (para. 71, 81 disclosing, tap input to change modes. Paras. 74, 114 discloses operational feedback prompts that include audible cues during mode transitions, on or off transitions, active sensor changes, configuration setting adjustment, and low battery status).
Regarding Claim 4, Andes et al. discloses the charge level indication, in the on mode, shows a level of charge of an onboard battery of the eyewear device (para. 71, 81 disclosing, tap input to change modes. Para. 74, 114 discloses operational feedback prompts that include audible cues during mode transitions, on or off transitions, active sensor changes, configuration setting adjustment, and low battery status).
Regarding Claim 5, Andes et al. discloses the visual indicator comprises a series of light emitters mounted on an exterior surface of the device body (please see fig. 14, para. 124), the level of charge of the onboard battery being indicated by a proportion of the series of light emitters that is illuminated in the on mode (paras. 74,114).
Regarding Claim 6, Andes et al. discloses the visual indicator includes a ring of light emitting diodes (LEDs) arranged peripherally around a camera lens or a camera analog formation provided by the eyewear body (please see fig. 14, para. 124).
Regarding Claim 7, Watorowski et al. discloses the tap input mechanism comprises: a motion sensor carried by the device body and configured to capture motion data indicating motion imparted to the device body; and a motion data processor forming part of the onboard electronics and comprising circuitry configured to process the motion data to identify therefrom instances of receiving the single effective tap command communicated from the user to the eyewear device by imparting tap motion to the device body (paras. 2, 6, 27).
Regarding Claim 8, Andes et al. discloses the motion data processor is configured to distinguish, based on predefined identification criteria, between incidental motion reflected in the motion data and respective instances of the single effective tap command ((para. 33, discloses User interface allows system to recognize user gestures, such as: button pushes (long and/or short duration); taps--single, double, or triple taps by the user on system; and movements such as head tilts, and head nods and/or head shakes (incidental), and touch gestures such as finger motion along a surface of system. Microcontroller may interpret input from single and multiple sensors (e.g., button pushes, taps, and touches) from the user as sensed by user interface 150. Other methods of receiving user input may be used without departing from the scope hereof. For example, system may include a sensor for tracking eye movement and/or detecting blinking of an eye, thereby allowing the user to create inputs through blinking and eye movements)
Regarding Claim 9, Andes et al. discloses the identification criteria define as the single effective tap command of the tap input mechanism a tap sequence that indicates receipt of a double-tap command included in the one or more tap commands (para. 33, discloses User interface allows system to recognize user gestures, such as: button pushes (long and/or short duration); taps--single, double, or triple taps by the user on system; and movements such as head tilts, and head nods and/or head shakes, and touch gestures such as finger motion along a surface of system. Microcontroller may interpret input from single and multiple sensors (e.g., button pushes, taps, and touches) from the user as sensed by user interface. Other methods of receiving user input may be used without departing from the scope hereof. For example, system may include a sensor for tracking eye movement and/or detecting blinking of an eye, thereby allowing the user to create inputs through blinking and eye movements, para. 121, discloses Microcontroller may also interpret combinations of inputs (e.g., button pushes and taps) from the user as sensed by user interface . In one embodiment, one or more capacitive sensors are positioned proximate to light display elements of peripheral vision device such that gestures made by the user (e.g., sliding a finger) along the frame above a lit portion of peripheral vision device are input as commands to change one or more settings associated with the displayed metric )
Regarding Claim 10, Andes et al. discloses identifying an instance of the double-tap command comprises: identifying two sequential tap events reflected in the motion data; determining an interval between the two sequential tap events; and registering the two sequential tap events as receipt of the double-tap command in response to and conditional upon the interval being smaller than a predefined threshold ((para. 33, discloses User interface allows system to recognize user gestures, such as: button pushes (long and/or short duration); taps--single, double, or triple taps by the user on system; and movements such as head tilts, and head nods and/or head shakes, and touch gestures such as finger motion along a surface of system. Microcontroller may interpret input from single and multiple sensors (e.g., button pushes, taps, and touches) from the user as sensed by user interface. Other methods of receiving user input may be used without departing from the scope hereof. For example, system may include a sensor for tracking eye movement and/or detecting blinking of an eye, thereby allowing the user to create inputs through blinking and eye movements, para. 121, discloses Microcontroller may also interpret combinations of inputs (e.g., button pushes and taps) from the user as sensed by user interface . In one embodiment, one or more capacitive sensors are positioned proximate to light display elements of peripheral vision device such that gestures made by the user (e.g., sliding a finger) along the frame above a lit portion of peripheral vision device are input as commands to change one or more settings associated with the displayed metric, para. 67 discloses sensors include an accelerometer utilized by system to determine activity metrics that also may be used to sense taps on system, para. 36, discloses Configuration define thresholds of one or more metrics ).
Regarding Claim 11, Andes et al. discloses a method (para. 33 disclosing method of receiving input) comprising: during An eyewear device (Fig. 6) comprising: a device body configured for wearing by a user (para. 43); onboard electronics incorporated in the device body (Figure 1, 2, Item # 101, page 2, para. 41); a primary input mechanism incorporated in the eyewear body and configured to provide a primary command channel to receive user inputs for controlling one or more functionalities of the onboard electronics (para. 41, disclosing a housing 204 that contains electronics 101, fig, 1 (e.g., microcontroller 102, wireless receiver/transceiver 106, internal sensors 110, audio output device 120, user interface 150, and interface 130, if included, paras. 33-34 discloses microcontroller part of the electronic interpret various input including input from user controlling electronic functionality, 62, 67, 68, 71, 81, 87, 99, 115, 121 a primary input mechanism incorporated in the eyewear body and configured to provide a primary command channel to receive user inputs for controlling one or more functionalities of the onboard electronics); and a tap input mechanism configured to receive tap input from the user via tap motion imparted to the device body, wherein the tap input mechanism is configured to provide for recognition and execution of no more than a single effective tap command (paras. paras. 33, 62, 65, 67, 71, 81, 87, 99, 115, 121 disclosing receive tap input from the user via tap motion imparted to the device body to recognize and to execute different as well as single command, please notice Andes et al. does not explicitly recite imparting).
However, prior art of Watorowski et al. discloses and recites explicitly The housing can be any suitable type for receiving tap motion and rotational motion input, so long as the sensors 208 are capable of sensing motion input imparted at the housing. The one or more sensors 208 can comprise any number of accelerometers and/or gyroscopic sensors capable of sensing tap input and rotational motion input (para. 27).
Andes et al. teaches The eyewear includes one or more input and output mechanisms permitting communication with and control of the electronics.
Andes et al. teaches detection of control taps applied by the user to the frame of the glasses. Such control tap detection is performed by accelerometers incorporated in the frame.
Watorowski et al. teaches a tap input mechanism configured to receive tap input from the user via tap motion imparted to the device body.
Hence the prior art includes each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
In combination, Andes et al. performs the same function as it does separately of managing process of the tap input in an eyewear mounted on the user head.
Watorowski et al. performs the same function as it does separately of a tap input mechanism configured to receive tap input from the user via tap motion imparted to the device body.
Therefore one of ordinary skill in the art could have combined the elements as claimed by known methods, and that in combination, each element merely performs the same function as it does separately.
The results of the combination would have been predictable and it would have been obvious to one of ordinary skill in the art to modify the invention of Andes et al. to include a tap input mechanism configured to receive tap input from the user via tap motion imparted to the device body, as disclosed by Watorowski et al. thereby able to use various motions to issue input control commands to control operating electronic of an eyewear as Watorowski et al. discusses at para. 2.
Regarding Claim 12, Andes et al. discloses the single effective tap command is a toggle command that serves to switch a specific device function between two different modes (para. 71, 81).
Regarding Claim 13, Andes et al. discloses the toggle command serves to toggle a visual charge level indicator incorporated in the eyewear device between an on mode and an off mode (para. 71, 81 disclosing, tap input to change modes. Paras. 74, 114 discloses operational feedback prompts that include audible cues during mode transitions, on or off transitions, active sensor changes, configuration setting adjustment, and low battery status).
Regarding Claim 14, Andes et al. discloses the charge level indication, in the on mode, shows a level of charge of an onboard battery of the eyewear device (para. 71, 81 disclosing, tap input to change modes. Para. 74, 114 discloses operational feedback prompts that include audible cues during mode transitions, on or off transitions, active sensor changes, configuration setting adjustment, and low battery status).
Regarding Claim 15, Andes et al. discloses receiving user input via the tap input mechanism comprises: capturing motion data indicating motion imparted to the device body via a motion sensor carried by the device body; and processing the motion data to identify therefrom instances of receiving the single effective tap command communicated from the user to the eyewear device by imparting tap motion to the device body (para. 33, discloses User interface allows system to recognize user gestures, such as: button pushes (long and/or short duration); taps--single, double, or triple taps by the user on system; and movements such as head tilts, and head nods and/or head shakes, and touch gestures such as finger motion along a surface of system. Microcontroller may interpret input from single and multiple sensors (e.g., button pushes, taps, and touches) from the user as sensed by user interface. Other methods of receiving user input may be used without departing from the scope hereof. For example, system may include a sensor for tracking eye movement and/or detecting blinking of an eye, thereby allowing the user to create inputs through blinking and eye movements, para. 121, discloses Microcontroller may also interpret combinations of inputs (e.g., button pushes and taps) from the user as sensed by user interface . In one embodiment, one or more capacitive sensors are positioned proximate to light display elements of peripheral vision device such that gestures made by the user (e.g., sliding a finger) along the frame above a lit portion of peripheral vision device are input as commands to change one or more settings associated with the displayed metric).
Please also see prior art of Watorowski et al. discloses the tap input mechanism comprises: a motion sensor carried by the device body and configured to capture motion data indicating motion imparted to the device body; and a motion data processor forming part of the onboard electronics and comprising circuitry configured to process the motion data to identify therefrom instances of receiving the single effective tap command communicated from the user to the eyewear device by imparting tap motion to the device body (paras. 2, 6, 27).
Regarding Claim 16, Andes et al. discloses processing the motion data comprises identifying, based on predefined identification criteria, respective instances of the single effective tap command (para. 33, discloses User interface allows system to recognize user gestures, such as: button pushes (long and/or short duration); taps--single, double, or triple taps by the user on system; and movements such as head tilts, and head nods and/or head shakes, and touch gestures such as finger motion along a surface of system. Microcontroller may interpret input from single and multiple sensors (e.g., button pushes, taps, and touches) from the user as sensed by user interface. Other methods of receiving user input may be used without departing from the scope hereof. For example, system may include a sensor for tracking eye movement and/or detecting blinking of an eye, thereby allowing the user to create inputs through blinking and eye movements, para. 121, discloses Microcontroller may also interpret combinations of inputs (e.g., button pushes and taps) from the user as sensed by user interface . In one embodiment, one or more capacitive sensors are positioned proximate to light display elements of peripheral vision device such that gestures made by the user (e.g., sliding a finger) along the frame above a lit portion of peripheral vision device are input as commands to change one or more settings associated with the displayed metric).
Regarding Claim 17, Andes et al. discloses the identification criteria define as the single effective tap command a tap sequence that indicates receipt of a double-tap command (para. 33, discloses User interface allows system to recognize user gestures, such as: button pushes (long and/or short duration); taps--single, double, or triple taps by the user on system; and movements such as head tilts, and head nods and/or head shakes, and touch gestures such as finger motion along a surface of system. Microcontroller may interpret input from single and multiple sensors (e.g., button pushes, taps, and touches) from the user as sensed by user interface. Other methods of receiving user input may be used without departing from the scope hereof. For example, system may include a sensor for tracking eye movement and/or detecting blinking of an eye, thereby allowing the user to create inputs through blinking and eye movements, para. 121, discloses Microcontroller may also interpret combinations of inputs (e.g., button pushes and taps) from the user as sensed by user interface . In one embodiment, one or more capacitive sensors are positioned proximate to light display elements of peripheral vision device such that gestures made by the user (e.g., sliding a finger) along the frame above a lit portion of peripheral vision device are input as commands to change one or more settings associated with the displayed metric ).
Regarding Claim 18, Andes et al. discloses identifying an instance of the double-tap command comprises: identifying two sequential tap events reflected in the motion data; determining an interval between the two sequential tap events; and registering the two sequential tap events as receipt of the double-tap command in response to and conditional upon the interval being smaller than a predefined threshold ((para. 33, discloses User interface allows system to recognize user gestures, such as: button pushes (long and/or short duration); taps--single, double, or triple taps by the user on system; and movements such as head tilts, and head nods and/or head shakes, and touch gestures such as finger motion along a surface of system. Microcontroller may interpret input from single and multiple sensors (e.g., button pushes, taps, and touches) from the user as sensed by user interface. Other methods of receiving user input may be used without departing from the scope hereof. For example, system may include a sensor for tracking eye movement and/or detecting blinking of an eye, thereby allowing the user to create inputs through blinking and eye movements, para. 121, discloses Microcontroller may also interpret combinations of inputs (e.g., button pushes and taps) from the user as sensed by user interface . In one embodiment, one or more capacitive sensors are positioned proximate to light display elements of peripheral vision device such that gestures made by the user (e.g., sliding a finger) along the frame above a lit portion of peripheral vision device are input as commands to change one or more settings associated with the displayed metric, para. 67 discloses sensors include an accelerometer utilized by system to determine activity metrics that also may be used to sense taps on system, para. 36, discloses Configuration define thresholds of one or more metrics ).
Regarding Claim 19, Andes et al. discloses the visual indicator comprises a series of light emitters mounted on an exterior surface of the device body (please see fig. 14, para. 124), the level of charge of the onboard battery being indicated by a proportion of the series of light emitters that is illuminated in the on mode (paras. 74,114).
Double Patenting
The non-statutory 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 time-wise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory 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 non-statutory 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-19 are rejected on the ground of non-statutory double patenting over Claims 1-10 of US Patent # 11,006,043 B1; Claims 1-18 of US Patent # 11, 805, 309 B2; Claims 1-19 of U.S patent #. 11,330,165 B2 and claims 1-16 of U.S. Patent No. US 10,708,488 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Comparison of Instant application Claims 1-19 to Claims 1-17 of US Patent # 11, 812,134 B2; Claims 1-19 of U.S. 11,265,457 B2 and Claims 1-11 of U.S. Patent No. US 10,623,628 B2 of patented applications;
Instant Application Number
18965470
US Patent Number
US 11812134 B2
US11265457 B2
US 10623628 B2
An eyewear device comprising: a device body configured for wearing by a user; onboard electronics incorporated in the device body; a primary input mechanism incorporated in the eyewear body and configured to provide a primary command channel to receive user inputs for controlling one or more functionalities of the onboard electronics; and a tap input mechanism configured to receive tap input from the user via tap motion imparted to the device body, wherein the tap input mechanism is configured to
provide for recognition and execution of no more than a single effective tap command.
US 11,812,134
1. An eyewear device comprising: an eyewear frame; onboard electronics incorporated in the eyewear frame, the onboard electronics including a camera directed forwards from the frame; an onboard battery powering the onboard electronics; an external camera mode indicator comprising a series of light emitters mounted on a forwards-facing surface of the eyewear frame and configured to emit light forwards from the frame, so that the camera and the external camera mode indicator are directed in substantially a common direction forwards away from the frame; and a controller incorporated in the eyewear frame in communication with the external camera mode indicator, the controller being configured to perform operations comprising: responsive to detecting an image capture operation using the camera, automatically causing the external camera mode indicator to produce, synchronously with the image capture operation, a visual indication configured for ready visibility by nearby persons within range of the camera, thus to provide an image capture alert; and responsive to receiving user input indicating a charge display command, causing display, via the external camera mode indicator, of a visual charge level indication with respect to the onboard battery.
8. a tap input control channel configured to enable user-provision of at least one control command by application of a predefined sequence of taps to the eyewear frame.
10. The eyewear device of claim 8, wherein the tap input control channel provides for recognition and execution of no more than a single control command.
11,265,457
1. An eyewear device comprising: a device body configured for wearing by a user; on-board electronics incorporated in the device body; and a tap input mechanism that provides user-access to one or commands receivable via the tap input mechanism, the one or more tap commands including a double tap command and excluding any command triggerable by receipt of a single tap event, the tap input mechanism comprising: a motion sensor that is incorporated in the device body and that is configured to sense motion of the device body, and to generate therefrom motion data; and one or more processor devices configured to process the motion data to identify therefrom a tap command communicated from the user to the eyewear device by imparting tap motion to the device body, the one or more processor devices being configured to distinguish, based on predefined identification criteria, between respective instances of the one or more tap commands and incidental motion reflected in the motion data, wherein the identification criteria define a tap sequence that indicates receipt of a double-tap command included in the one or more tap commands, the one or more processor devices being configured to identify an instance of the double-tap command by operations comprising: identifying two sequential tap events reflected in the motion data; determining an interval between the two sequential tap events; and registering the two sequential tap events as receipt of the double-tap command in response to and conditional upon the interval being smaller than a predefined threshold.
10,623,628
1. An eyewear device comprising: an eyewear body configured for wearing by users such as the support one or more optical elements held by the body within view of the user; on board electronics incorporated in the eyewear body; a primary manual input mechanism incorporated in the eyewear body and configured to provide a primary command channel to receive manual user inputs for controlling one or more functionalities of the on board electronics during untethered wear of the eyewear device, the primary command channel providing a primary set of commands receivable via the primary manual input mechanism; and a secondary manual input mechanism incorporated in the eyewear body and configured to provide a secondary command channel to receive manual user inputs for controlling one or more functionalities of the on board electronics during untethered wear thereof, the secondary command channel using a different mode of user input than the primary command channel, the secondary manual input mechanism being a tap input mechanism that provides a secondary set of commands receivable via the tap input mechanism, the tap input mechanism comprising: a motion sensor incorporated in the eyewear body and configured to receive tap input a motion data processor comprising circuitry configured to process motion data captured by the motion sensor to identify from the motion data a tap
command communicated from the user to the eyewear device by imparting
tap motion to the eyewear body, the motion data processor being configured to distinguish between tap
commands and incidental motion
reflected in the motion data based on predefined identification criteria, wherein the identification criteria define a predefined tap sequence comprises a double-tap command to register a corresponding user command, the motion data processor being configured to identify occurrence of the double-tap command represented in the motion data by operations comprising: identifying two sequential tap events; determining an interval between the two tap events; and registering the two tap events as a double-tap command conditional upon the interval being smaller than a predefined threshold period, wherein the secondary set of commands consists of fewer user commands than the primary set of commands.
Note the comparison of independent claim 1 of instant application to Claims 1, 8 and 10 of US Patent # 11,812,134 B1; Claims 1 of US Patent # 11, 265, 457 B2; and Claim 1 of U.S. Patent No. US 10,623,628 B2, to avoid 101 statutory double patenting rejections the claims limitation by curtailing the details and language has been changed. However, instant application independent claim limitations are described in independent claims of the parent applications. They both are claiming “An electronics-enabled eyewear device provides a primary command channel and a secondary command channel for receiving user input during untethered wear, one of the command channels providing for tap input detected by motion sensor(s) incorporated in a body of the eyewear device. A predefined tap sequence or pattern can be applied to frame of the device to trigger as device function. In one example, a double tap of the device's frame causes charge level display indicating a battery charge level”. Further please notice all the double patenting rejection prior art area patented and Applicant is Snap Inc. and inventor is Hanover Matthew.
Further other Claims 2-19 of instant application claims same or similar limitation and maps to Claims 1-17 of US Patent # 11, 812,134 B2; Claims 1-19 of U.S. 11,265,457 B2 and Claims 1-11 of U.S. Patent No. US 10,623,628 B2 of patented applications. Please notice all the dependent claims merely claim tap input and motion sensor detecting tapings. However, they are not numbered in same order in each of the instant application or patented application.
Further, Claims 1-7,9-17, and 19 of instant application maps to Claims 1-2 and 8-15 of US Patent # 11, 812, 134 B2;
Claims 1-5, 7-15, and 17-19 of instant application maps to 1-3, 5-6, 11-12, 15 and 18-19 of U.S. Patent No. US 11,265,1457 B2 respectively.
Claims 1-2, 4-12, and14-19 of instant application maps to Claims 1-4 and 8-11 of U.S. Patent No. US 10,623,628 B2 respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. .
Applicant is requested to review the cited prior art on the USPTO 892’s
Prior art of TUPMAN; David John et al. (US 20100201615 A1) disclosure; paras. 22-43, disclosing, A touch and motion sensitive input control is disclosed. The touch and motion sensitive input control can use a combination of touch sensor output and motion sensor output to determine if an input event has occurred at an input area of a device held by a user. By utilizing a combination of touch and motion sensors for detecting input, devices can be configured to be smaller, more durable and stronger than those with mechanical input devices. Touch sensors and motion sensors generally occupy less space than mechanical input devices due to a lack of moving parts, which can allow for a reduced device size. Touch sensors and motion sensors can also operate from inside of a device housing. This can reduce the need for openings to be created in the housing which can lead to structural weakness, and reduce entryways for external contaminants which can lead to input device failure. A touch and motion sensitive input control can detect a particular input event (e.g., a button press) when a touch sensor detects a touch at a particular input area at around the same time as a motion sensor detects a change in motion. Based on the amount and nature of the motion detected, this can indicate that a user intended to cause an input event other than one caused by a mere touching of the input area. When the input area is a non-display touch and motion sensitive surface, the touch and motion sensitive input control can be configured to ignore touches but recognize taps or other motion-based input at the input area. This can avoid incidental contact with the touch and motion sensitive input area from being recognized as an input event. In another example, when the input area is a display-based motion sensitive touch screen, the touch and motion sensitive input control can be configured to recognize both touches and taps (or other motion-based input), discriminate between them, and associate distinct input events to each type of input.
Prior art of Rhoads Geoffrey B et al. (US 20110098056 A1) disclosure, paras. 82-749, disclosing, image processing arrangements are applied to successively gain more and better information about the input stimulus. A rough idea of an image's content may be available in one second. More information may be available after two seconds. With further processing, still more refined assessments may be available after three or four seconds, etc. This processing can be interrupted at any point by an indication--express, implied or inferred--that the user does not need such processing to continue. If such processing does not yield prompt, satisfactory results, and the subject of the imagery continues to be of interest to the user (or if the user does not indicate otherwise), the imagery may be referred to the cloud for more exhaustive, and lengthy, analysis. A bookmark or the like may be stored on the smart phone, allowing the user to check back and learn the results of such further analysis. Or the user can be alerted if such further analysis reaches an actionable conclusion. The present technology involves identifying what of the barrage of data to process, and balancing data processing arrangements for the visual search with the constraints of the platform, and other needs of the system. "Baubles" on a mobile device screen, e.g., in correspondence with visual objects (or audible streams). User selection of a bauble (e.g., by a touch screen tap) leads to an experience related to the object. The baubles may evolve in clarity or size as the device progressively understands more, or obtains more information, about the object. A smart phone senses audio, imagery, and/or other stimulus from a user's environment, and acts autonomously to fulfill inferred or anticipated user desires. In one aspect, the detailed technology concerns phone-based cognition of a scene viewed by the phone's camera. The image processing tasks applied to the scene can be selected from among various alternatives by reference to resource costs, resource constraints, other stimulus information (e.g., audio), task substitutability, etc. The phone can apply more or less resources to an image processing task depending on how successfully the task is proceeding, or based on the user's apparent interest in the task. In some arrangements, data may be referred to the cloud for analysis, or for gleaning. Cognition, and identification of appropriate device response(s), can be aided by collateral information, such as context. A great number of other features and arrangements are also detailed.
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Any response to this action should be mailed to:
Commissioner of Patents and Trademarks
P.O. Box 1450
Alexandria VA 22313-1450
/Prabodh M Dharia/
Primary Examiner
Art Unit 2629
06-05-2026
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