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 .
Preliminary Amendment
Receipt is acknowledged of the preliminary amendment filed on 4/15/2025. The amendment has been placed of record in the file.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: image acquisition unit, a processor, … in claims 1, 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
Claims 2- 13, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2, 10, recite “non-compensated image,” in line 3. However, it’s not clear what non-compensated image is in the claims as it is not defined in the spec. It appears the applicant meant pre-compensated image which is actually mentioned throughout the spec. However, pre-compensated image is not interchangeable to non-compensated image as they differ in processing and purpose. Appropriate clarification required. Claims 3-9, 11-13 depend on claims 2 and 10, respectively.
Claims 2-13 appear/could be allowable once the rejection above is positively overcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Yoo (US 2015/0002676 A1) teaches a smart glass may include a glass having a transparent display function, a first camera obtaining a front image, a second camera obtaining an image of a user's eyes, and a controller which analyzes the front image and the image of the user's eyes, determines a specific object selected by the user's gaze from a plurality of objects included in the front image based on the result of an analysis, obtains information about the specific object, and displays the information about the specific object on a transparent display area of the glass. The smart glass may provide information about the specific object selected by the user's gaze, and/or may execute a specific function corresponding to user's eye gesture (abstract).
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/ABDULLAHI NUR/Primary Examiner, Art Unit 2886
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