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 .
Double Patenting
Statutory Double Patenting:
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 15-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 15-20 of prior U.S. Patent No. 12,169,918. This is a statutory double patenting rejection.
Table 1. Claim Correspondence
18/980,964
12,169,918
15. A method of contemporaneously updating a distortion mapping transform implemented by an augmented reality (AR) headset, the method comprising: for a display frame of an AR experience: performing eye tracking to identify a location of at least one of a user’s eyes with respect to at least one of a reflector and a display of the AR headset; updating the distortion mapping transform to compensate for a change in the identified location of the at least one of the user’s eyes with respect to one of the reflector and the display of the AR headset; and implementing the updated distortion mapping transform in a subsequent display frame of the AR experience.
15. A method of contemporaneously updating a distortion mapping transform implemented by an augmented reality (AR) headset, the method comprising: for a display frame of an AR experience: performing eye tracking to identify a location of at least one of a user’s eyes with respect to at least one of a reflector and a display of the AR headset; updating the distortion mapping transform to compensate for a change in the identified location of the at least one of the user’s eyes with respect to one of the reflector and the display of the AR headset; and implementing the updated distortion mapping transform in a subsequent display frame of the AR experience.
16. The method of claim 15, wherein the performing of the eye tracking identifies a viewing direction of two eyes of the user with respect to the one of the reflector and the display of the AR headset, and wherein the updating of the distortion mapping transform compensates for a change in the identified viewing direction of either of the user’s two eyes with respect to at least one of the reflector and the display.
16. The method of claim 15, wherein the performing of the eye tracking identifies a viewing direction of two eyes of the user with respect to the one of the reflector and the display of the AR headset, and wherein the updating of the distortion mapping transform compensates for a change in the identified viewing direction of either of the user’s two eyes with respect to at least one of the reflector and the display.
17. The method of claim 15, wherein a pre-calibrated distortion mapping transform is implemented by the AR headset prior to the AR experience, and the updating of the distortion mapping transform initially updates the pre-calibrated distortion mapping transform.
17. The method of claim 15, wherein a pre-calibrated distortion mapping transform is implemented by the AR headset prior to the AR experience, and the updating of the distortion mapping transform initially updates the pre-calibrated distortion mapping transform.
18. A non-transitory computer-readable recording medium having computer program instructions recorded thereon, the computer program instructions for updating a distortion mapping transform implemented by an augmented reality (AR) headset while a user is in an AR experience and the computer program instructions, when executed on a processor, cause the processor to perform the method of claim 15.
18. A non-transitory computer-readable recording medium having computer program instructions recorded thereon, the computer program instructions for updating a distortion mapping transform implemented by an augmented reality (AR) headset while a user is in an AR experience and the computer program instructions, when executed on a processor, cause the processor to perform the method of claim 15.
19. The non-transitory computer-readable recording medium of claim 18, wherein a pre-calibrated distortion mapping transform is implemented by the AR headset prior to the AR experience and the updating of the distortion mapping transform initially updates the pre-calibrated distortion mapping transform.
19. The non-transitory computer-readable recording medium of claim 18, wherein a pre-calibrated distortion mapping transform is implemented by the AR headset prior to the AR experience and the updating of the distortion mapping transform initially updates the pre-calibrated distortion mapping transform.
20. An augmented reality (AR) calibration system including a camera, a display screen, a stationary testing base, one or more processors coupled to memory, the memory loaded with computer program instructions to update a distortion mapping transform implemented by an augmented reality (AR) headset while a user is in an AR experience, the computer program instructions, when executed on a processor, cause the processor to implement the method of claim 15
20. An augmented reality (AR) calibration system including a camera, a display screen, a stationary testing base, one or more processors coupled to memory, the memory loaded with computer program instructions to update a distortion mapping transform implemented by an augmented reality (AR) headset while a user is in an AR experience, the computer program instructions, when executed on a processor, cause the processor to implement the method of claim 15.
Non-Statutory 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).
Claim(s) 1-14 rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-14 of U.S. Patent No. 12,169,918
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘964 is broader in scope than 918, but all limitations are present in the corresponding claims.
Table 1 below shows an example claim mapping between the present application and U.S. Patent No. 12,169,918
Table 2 below lists corresponding claims between the present application and U.S. Patent No. 12,169,918
Table 1. Example Claim Mapping
18/980,964
12,169,918
1. A method comprising:
observing, using a camera, (i) a calibration image provided to a display screen through a reflector of an AR headset, and (ii) an inverse of the calibration image provided to a display of the AR headset, such that the inverse calibration image is reflected from the reflector;
creating a distortion mapping transform, such that a projection position of the inverse calibration image provided to the display of the AR headset, as observed by the camera, cancels out at least a portion of the calibration image as observed through the reflector by the camera; and
providing the distortion mapping transform for implementation by the AR headset.
1. (Original) A method comprising:
providing a calibration image to a display screen that is viewable through a reflector of an AR headset; providing an inverse of the calibration image to a display of the AR headset, such that the inverse calibration image is reflected from the reflector and observed by a camera while the camera is simultaneously observing the calibration image on the display screen, wherein the camera observes the inverse calibration image projected onto the reflector of the AR headset;
creating a distortion mapping transform, such that a projection position of the inverse calibration image provided to the display of the AR headset, as observed by the camera, cancels out an acceptable portion of the calibration image as observed through the reflector by the camera; and
providing the distortion mapping transform for implementation by the AR headset.
Table 2. Corresponding Claims
18/980,964
12,169,918
1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
Claim(s) 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-20 of U.S. Patent No. 11,798,141
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘964 is broader in scope than ‘141, but all limitations are present in the corresponding claims.
Table 1 below shows an example claim mapping between the present application and U.S. Patent No. 11,798,141
Table 2 below lists corresponding claims between the present application and U.S. Patent No. 11,798,141
Table 1. Example Claim Mapping
18/980,964
11,798,141
1. A method comprising:
observing, using a camera, (i) a calibration image provided to a display screen through a reflector of an AR headset, and (ii) an inverse of the calibration image provided to a display of the AR headset, such that the inverse calibration image is reflected from the reflector;
creating a distortion mapping transform, such that a projection position of the inverse calibration image provided to the display of the AR headset, as observed by the camera, cancels out at least a portion of the calibration image as observed through the reflector by the camera; and
providing the distortion mapping transform for implementation by the AR headset.
1. (Original) A method of compensating for distortions caused by manufacturing deviations in an AR headset, the method comprising:
providing a calibration image to an external display screen that is external to the AR headset and that is viewable through a reflector of the AR headset;
providing an inverse of the calibration image to a display of the AR headset, such that the inverse calibration image is reflected off of the reflector and observed by a camera of an AR calibration system while the camera is simultaneously observing the calibration image on the external display screen, wherein the camera of the AR calibration system represents a user's point of view, and wherein the camera of the AR calibration system observes, from an optimal viewing location, the inverse calibration image projected onto the reflector of the AR headset;
creating a distortion mapping transform, such that a projection position of the inverse calibration image provided to the display of the AR headset, as observed by the camera, cancels out an acceptable portion of the calibration image provided to the external display screen as observed through the reflector by the camera; and
providing the distortion mapping transform for implementation by the AR headset.
Table 2. Corresponding Claims
18/980,964
11,798,141
1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
Claim(s) 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-20 of U.S. Patent No. 11,354,787
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘964 is broader in scope than ‘787, but all limitations are present in the corresponding claims.
Table 1 below shows an example claim mapping between the present application and U.S. Patent No. 11,354,787
Table 2 below lists corresponding claims between the present application and U.S. Patent No. 11,354,787
Table 1. Example Claim Mapping
18/980,964
11,354,787
1. A method comprising:
observing, using a camera, (i) a calibration image provided to a display screen through a reflector of an AR headset, and (ii) an inverse of the calibration image provided to a display of the AR headset, such that the inverse calibration image is reflected from the reflector;
creating a distortion mapping transform, such that a projection position of the inverse calibration image provided to the display of the AR headset, as observed by the camera, cancels out at least a portion of the calibration image as observed through the reflector by the camera; and
providing the distortion mapping transform for implementation by the AR headset.
1. A method of using an augmented reality (AR) calibration system to compensate for distortions caused by manufacturing deviations in an AR headset, the method comprising:
providing a calibration image to an external display screen that is external to the AR headset and that is viewable through a reflector of the AR headset, providing an inverse of the calibration image to a display of the AR headset, such that the inverse calibration image is reflected off of the reflector and observed by a camera of the AR calibration system while the camera is simultaneously observing the calibration image on the external display screen, wherein the camera of the AR calibration system is located inside or within viewing distance of the AR headset at a location representing a users point of view, and wherein the camera of the AR calibration system is aligned to a position that allows the camera to observe, from an optimal viewing location, the inverse calibration image projected onto the reflector of the AR headset;
creating a distortion mapping transform by implementing an algorithm to search through various projection positions of the inverse calibration image provided to the display of the AR headset until the inverse calibration image observed by the camera cancels out an acceptable portion of the calibration image provided to the external display screen as observed through the reflector by the camera; and
providing the distortion mapping transform for implementation by the AR headset when an end user begins an AR experience in order to compensate for the distortions caused by manufacturing tolerances.
Table 2. Corresponding Claims
18/980,964
11,354,787
1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
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 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.
Allowable Subject Matter
Claim(s) 1-14 would be allowable upon filing of an approved terminal disclaimer.
The following is a statement of reasons for the indication of allowable subject matter:
Lo’s Disclosure:
Lo (US 2017/0193687)(cited in parent application) considers calibration:
PNG
media_image1.png
412
626
media_image1.png
Greyscale
Lo does not consider the inverse calibration observed by the camera in the context of claim 1.
No Teaching or Suggestion in the Art:
The cited references do not teach or disclose the combination of features in claim 1.
Additional Prior Art
Additional prior art relevant to Applicant’s disclosure but not relied upon:
Danziger (US 2021/00099691) discloses left/right eye calibration:
PNG
media_image2.png
586
530
media_image2.png
Greyscale
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN M GRAY whose telephone number is (571)272-4582. The examiner can normally be reached on Monday through Friday, 9:00am-5:30pm (EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kee Tung can be reached on (571)272-7794. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RYAN M GRAY/Primary Examiner, Art Unit 2611
Prosecution Insights