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 .
Examiner Notes
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.
Priority
As required by M.P.E.P. 201.14(c), acknowledgement is made of applicant’s claim for priority based on the application filed on January 9th, 2024 (CN 202410028648.3). Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated January 9th, 2024 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 5-6 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 5, the limitations “obtaining a target brightness applying power according to the light intensity signal; reducing a current applying power generating the display light beam when the current applying power is greater than the target brightness applying power; and sensing a display module providing the display light beam to obtain a temperature signal when the current applying power is less than the target brightness applying power, and adjusting the current applying power according to the temperature signal” are unclear and render the claim indefinite. Specifically, it is generally unclear what these limitations mean in conjunction with each other. The terms “brightness applying power”, “current applying power”, “sensing a display module” are all unclear in this way and not used in the specification. The overall effect is a generally unclear/indefinite claim. For the purpose of examining the claims currently pending, these limitations will be interpreted in a way consistent with other claims as best understood by the examiner, specifically: “obtaining a target brightness according to the light intensity signal; reducing the brightness of the display light beam when the brightness is higher than the target brightness; a temperature sensor module providing a temperature signal, and adjusting the brightness of the display light beam according to the temperature signal”.
Regarding claim 6, the limitations “wherein the step of sensing the display module to obtain the temperature signal when the current applying power is less than the target brightness applying power, and adjusting the current applying power according to the temperature signal further comprises: increasing the current applying power when a temperature represented by the temperature signal is less than a protection temperature value of the display module” are unclear and render the claim indefinite. Specifically, the same issues from the above rejection of claim 5 are present in the form of “sensing the display module”, “current applying power”, “target brightness applying power”, and further it is unclear what a “protection temperature value of the display module” corresponds to here. Accordingly, these limitations will be interpreted in line with the interpretations from the rejection of claim 5, specifically: “adjusting the brightness of the display light beam according to the temperature signal further comprises: increasing the brightness of the display based on a temperature value of the temperature signal”.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 7, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Machida et al. (US 2012/0320100 A1).
Regarding claim 1, Machida teaches an adjustment method of a wearable display device, comprising:
providing a display light beam to a light transmitting element to form an image (See, e.g., image forming device 111 or 211 in Fig. 11a which provide a light beam/image to a user via optical device 120);
sensing an intensity of an ambient tight to obtain a light intensity signal (See, e.g., illumination sensor 711 in Fig. 11a); and
adjusting a brightness of the display light beam and/or a transmittance of the light transmitting element according to the light intensity signal (See, e.g., paragraphs [0215]-[0218] which explain that either the brightness of the image or the light transmittance, or both, may be adjusted, independently or correlatively, based on the result of the measurement of the illumination sensor).
Regarding claim 7, Machida teaches a wearable display device, comprising a frame body (See, e.g., the eyeglasses frame in Fig. 11a), a light transmitting element (See, e.g., the combination of dimmer 700 and optical element 120 in Fig. 11a), a display module (See, e.g., image forming device 111 or 211 in Fig. 11a), an optical sensing module (See, e.g., illumination sensor 711 in Fig. 11a), and a control unit (See, e.g., controller 18 in Fig. 11a), wherein:
the light transmitting element is disposed on the frame body (See, e.g., Fig. 11a which shows this);
the display module is disposed on the frame body and is configured to provide a display light beam to the light transmitting element to form an image (See, e.g., Fig. 11a which shows this and paragraph [0215] which explains this);
the optical sensing module is disposed on a side of the light transmitting element and is configured to sense an intensity of an ambient light passing through the light transmitting element to obtain a light intensity signal (See, e.g., Fig. 11a which shows this and paragraphs [0215]-[0218] which explain this); and
the control unit is electrically connected to the display module and the optical sensing module, and the control unit is configured to adjust a brightness of the display light beam according to the light intensity signal (See, e.g., Fig. 11a which shows this and paragraphs [0215]-[0218] which explain this).
Regarding claim 8, Machida teaches the device set forth above and further teaches wherein the light transmitting element has an image forming area (See, e.g., the area of optical device 120 corresponding to the footprint of dimmer 700 in Fig. 11a) and a sensing light incident area (See, e.g., the area of optical device 120 corresponding to sensor 711 in Fig. 11a), the display light beam from the display module is transmitted to the image forming area to form the image (Note this is how the device works in normal operation to display an image to a user), the optical sensing module is configured to receive an ambient light passing through the sensing light incident area (Note this is how the sensor works), and the image forming area and the sensing light incident area do not overlap (See, e.g., Fig. 11a which shows this).
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.
Claim(s) 2-4, 9, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Machida et al. (US 2012/0320100 A1) in view of Border et al. (US 2014/0253605 A1).
Regarding claim 2, Machida teaches the method set forth above and further teaches wherein the step of adjusting the brightness of the display light beam and/or the transmittance of the light transmitting element according to the light intensity signal further comprises: adjusting the brightness of the display light beam or a dimming value of the light transmitting element when the light intensity signal is greater than a target range maximum value or less than a target range minimum value (See, e.g., paragraphs [0215]-[0218] which explain this).
Machida lacks an explicit disclosure wherein the light transmitting element comprises an electrochromism lens.
However, in an analogous field of endeavor Border teaches the use of an electrochromic lens to control the brightness of a displayed image (See, e.g., paragraph [0026] which explains this).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the lens/optical element of Machida to be an electrochromic lens specifically, as taught by Border, for the purpose of better controlling the amount of light reaching a user’s eyes during normal operation.
Regarding claim 3, Machida in view of Border teaches the method set forth above and as modified above further teaches wherein the step of adjusting the brightness of the display light beam or the dimming value of the light transmitting element when the light intensity signal is greater than the target range maximum value or less than the target range minimum value further comprises: determining the dimming value of the light transmitting element when the light intensity signal is greater than the target range maximum value (See, e.g., paragraphs [0215]-[0218] which explain this); increasing the brightness of the display light beam when the dimming value of the light transmitting element is equal to a maximum dimming value of the light transmitting element (See, e.g., paragraphs [0215]-[0218] which explain this); and increasing the dimming value of the light transmitting element when the dimming value of the light transmitting element is less than the maximum dimming value of the light transmitting element (See, e.g., paragraphs [0215]-[0218] which explain this).
Regarding claim 4, Machida in view of Border teaches the method set forth above and as modified above further teaches wherein the step of adjusting the brightness of the display light beam or the dimming value of the light transmitting element when the light intensity signal is greater than the target range maximum value or less than the target range minimum value further comprises: determining the dimming value of the light transmitting element when the light intensity signal is less than the target range maximum value (See, e.g., paragraphs [0215]-[0218] which explain this); reducing the brightness of the display light beam when the dimming value of the light transmitting element is equal to a minimum dimming value of the light transmitting element (See, e.g., paragraphs [0215]-[0218] which explain this); and reducing the dimming value of the light transmitting element when the dimming value of the light transmitting element is greater than the minimum dimming value of the light transmitting element (See, e.g., paragraphs [0215]-[0218] which explain this).
Regarding claim 9, Machida teaches the device set forth above but lacks an explicit disclosure wherein the light transmitting element comprises a photochromism lens.
However, in an analogous field of endeavor Border teaches the use of a photochromic lens to control the brightness of a displayed image (See, e.g., paragraph [0026] which explains this).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the lens/optical element of Machida to be a photochromic lens specifically, as taught by Border, for the purpose of better controlling the amount of light reaching a user’s eyes during normal operation.
Regarding claim 11, Machida teaches the device set forth above, and further teaches wherein the control unit is further configured to adjust a dimming value of the light transmitting element according to the light intensity signal (See, e.g., paragraph [0215] which explains this). Machida lacks an explicit disclosure wherein the light transmitting element comprises an electrochromism lens.
However, in an analogous field of endeavor Border teaches the use of an electrochromic lens to control the brightness of a displayed image (See, e.g., paragraph [0026] which explains this).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the lens/optical element of Machida to be an electrochromic lens specifically, as taught by Border, for the purpose of better controlling the amount of light reaching a user’s eyes during normal operation.
Claim(s) 5, 6, 10, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Machida et al. (US 2012/0320100 A1) in view of Border et al. (US 2014/0253605 A1) and further in view of Margulis (US 2007/0035706 A1).
Regarding claim 5, Machida teaches the method set forth above and further teaches wherein the step of adjusting the brightness of the display light beam and/or the transmittance of the light transmitting element according to the light intensity signal further comprises: obtaining a target brightness applying power according to the light intensity signal; reducing a current applying power generating the display light beam when the current applying power is greater than the target brightness applying power (Note in light of the 112 rejection above these limitations are interpreted to mean “obtaining a target brightness according to the light intensity signal; reducing the brightness of the display light beam when the brightness is higher than the target brightness” which is taught in paragraphs [0215]-[0218] of Machida). Machida lacks an explicit disclosure wherein the light transmitting element comprises an photochromism lens.
However, in an analogous field of endeavor Border teaches the use of a photochromic lens to control the brightness of a displayed image (See, e.g., paragraph [0026] which explains this).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the lens/optical element of Machida to be a photochromic lens specifically, as taught by Border, for the purpose of better controlling the amount of light reaching a user’s eyes during normal operation.
Both Machida and Border lack an explicit disclosure sensing a display module providing the display light beam to obtain a temperature signal when the current applying power is less than the target brightness applying power, and adjusting the current applying power according to the temperature signal (Note in light of the 112 rejection above these limitations are interpreted to mean “a temperature sensor module providing a temperature signal, and adjusting the brightness of the display light beam according to the temperature signal”).
However, in an analogous field of endeavor Margulis teaches using a temperature sensor to obtain a temperature value/signal and then adjusting a display’s brightness accordingly (See, e.g., paragraphs [0140] and [0188] which explain this).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Machida, in the combination of Machida and Border, to include a temperature sensor & use the temperature signal/value to further adjust the brightness of the display light beam, as taught by Margulis, for the purpose of having even more control over the final image properties in the image shown to the user.
Regarding claim 6, Machida in view of Border and further in view of Margulis teaches the method set forth above and as modified above further teaches wherein the step of sensing the display module to obtain the temperature signal when the current applying power is less than the target brightness applying power, and adjusting the current applying power according to the temperature signal further comprises: increasing the current applying power when a temperature represented by the temperature signal is less than a protection temperature value of the display module (Note in light of the 112 rejection above these limitations are interpreted to mean “adjusting the brightness of the display light beam according to the temperature signal further comprises: increasing the brightness of the display based on a temperature value of the temperature signal” which is taught by the combination of Machida, Border, and Margulis as set forth in the rejection of claim 5 above in the case when the temperature sensor’s output indicates a brightness level should increase).
Regarding claim 10, Machida in view of Border teaches the device set forth above but lacks an explicit disclosure of a thermal sensing element, the thermal sensing element is disposed on the frame body and electrically connected to the control unit, and is configured to sense a temperature of the display module to obtain a temperature signal, and the control unit is further configured to adjust the brightness of the display light beam according to the temperature signal.
However, in an analogous field of endeavor Margulis teaches using a temperature sensor to obtain a temperature value/signal and then adjusting a display’s brightness accordingly (See, e.g., paragraphs [0140] and [0188] which explain this).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Machida, in the combination of Machida and Border, to include a temperature sensor on the frame and electrically connected to the control unit & use the temperature signal/value to further adjust the brightness of the display light beam, as taught by Margulis, for the purpose of having even more control over the final image properties in the image shown to the user.
Regarding claim 11, Machida in view of Border teaches the device set forth above but lacks an explicit disclosure of a thermal sensing element, the thermal sensing element is disposed on the frame body and electrically connected to the control unit, and is configured to sense a temperature of the display module to obtain a temperature signal, and the control unit is further configured to adjust the brightness of the display light beam according to the temperature signal.
However, in an analogous field of endeavor Margulis teaches using a temperature sensor to obtain a temperature value/signal and then adjusting a display’s brightness accordingly (See, e.g., paragraphs [0140] and [0188] which explain this).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Machida, in the combination of Machida and Border, to include a temperature sensor on the frame and electrically connected to the control unit & use the temperature signal/value to further adjust the brightness of the display light beam, as taught by Margulis, for the purpose of having even more control over the final image properties in the image shown to the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mitchell Oestreich whose telephone number is (571)270-7559. The examiner can normally be reached M-F 7:00-11:00 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at 571-272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MITCHELL T OESTREICH/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
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