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 .
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 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.
Claim 1-9,11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haddick et al (US 20110221656 A1) in view of Lee et al (US 20160358382 A1).
Regarding claim 1, Haddick discloses a body-worn apparatus ([0126] eyepiece may include projection optics suitable to project an image onto a see-through or translucent lens, enabling the wearer of the eyepiece to view the surrounding environment as well as the displayed image) comprising:
a camera ([0137] front portion of the frame may also be used to mount a camera or image senso);
a laser projection system ([0196] The micro-projector illumination engine, also known herein as the projector,);
one or more processors ([0133] digital signal processor (DSP));
memory storing instructions that when executed by the one or more processors, cause the one or more processors to perform operations ([0134] The DSP may include at least one computer readable medium or memory for holding instructions programmed and for containing data structures, tables, records, or other data necessary to drive the optical display.) comprising:
capturing, using the camera, a set of digital images ([0297] images or video captured by the camera may be streamed to the eyepiece.);
identifying an object in the set of digital images ([0299] SREngine is a scene recognition engine that is able to identify objects viewed by the user's camera);
identifying a gesture of a user wearing the apparatus in the depth data ([0253] the eyepiece may provide for gesture recognition, such as in interpreting hand gestures via mathematical algorithms.);
associating the object with the gesture ([0258] user of the eyepiece may be able to obtain information on some environmental feature, location, object, and the like, viewed through the eyepiece by raising their hand into the field of view of the eyepiece and pointing at the object or position);
obtaining data associated with the object ([0258] system is able to determine the location of the house 1508C and provide location information 1514C and a 3D map superimposed onto the user's view of the environment.); and
projecting, using the laser projection system, a laser projection of the data on a surface ([0299] automatically apply a virtual "label" to the structures or objects according to what it recognizes).
Lee discloses a depth sensor ([0020] 3D depth sensor )
capturing, using the depth sensor, depth data ([0022] 3D vision processing module 106 receives real-time 3D scans of the scene and/or object(s) from the 3D depth sensor).
Haddick and Lee are combinable because they are from the same field of invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify eyepiece of Haddick to include a depth sensor capturing, using the depth sensor, depth data as described by Lee.
The motivation for doing so would have been to provide a completely immersive visual 3D experience that does not require a tablet or goggles, and also does not restrict the viewer's movement. (Lee, [0004]).
Therefore, it would have been obvious to combine Haddick and Lee to obtain the invention as specified in claim 1.
Regarding claim 2, Haddick discloses wherein the laser projection includes a text label for the object ([0299] automatically apply a virtual "label" to the structures or objects according to what it recognizes).
Regarding claim 3, Haddick is silent to wherein the laser projection includes a size template for the object.
Lee discloses wherein the laser projection includes a size template for the object ([0037] augmented reality rendering module 108 can generate image content that is representative of the measurement (e.g., a ruler image) and pre-distort the image content based upon the pose of the eraser relative to the projector).
Haddick and Lee are combinable because they are from the same field of invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify eyepiece of Haddick to include wherein the laser projection includes a size template for the object as described by Lee.
The motivation for doing so would have been to provide a completely immersive visual 3D experience that does not require a tablet or goggles, and also does not restrict the viewer's movement. (Lee, [0004]).
Therefore, it would have been obvious to combine Haddick and Lee to obtain the invention as specified in claim 3.
Regarding claim 4, Haddick discloses wherein the laser projection includes instructions for performing an action on the object ([0268] by tipping their head to the right, the object may be commanded to move to the right, and the command terminated through eye control.).
Regarding claim 5, Haddick discloses A body-worn apparatus ([0126] eyepiece may include projection optics suitable to project an image onto a see-through or translucent lens, enabling the wearer of the eyepiece to view the surrounding environment as well as the displayed image) comprising:
a camera ([0137] front portion of the frame may also be used to mount a camera or image senso);
a laser projection system ([0196] The micro-projector illumination engine, also known herein as the projector,);
one or more processors ([0133] digital signal processor (DSP));
memory storing instructions that when executed by the one or more processors, cause the one or more processors to perform operations ([0134] The DSP may include at least one computer readable medium or memory for holding instructions programmed and for containing data structures, tables, records, or other data necessary to drive the optical display.) comprising:
identifying a first gesture in the depth data, the gesture made by a user wearing the apparatus ([0253] the eyepiece may provide for gesture recognition, such as in interpreting hand gestures via mathematical algorithms.);
associating the first gesture with a request or command ([0258] user of the eyepiece may be able to obtain information on some environmental feature, location, object, and the like, viewed through the eyepiece by raising their hand into the field of view of the eyepiece and pointing at the object or position);; and
projecting, using the laser projection system, a laser projection on a surface, the laser projection associated with the request or command ([0299] automatically apply a virtual "label" to the structures or objects according to what it recognizes).
Lee discloses a depth sensor ([0020] 3D depth sensor )
capturing, using the sensor, depth data ([0022] 3D vision processing module 106 receives real-time 3D scans of the scene and/or object(s) from the 3D depth sensor).
Haddick and Lee are combinable because they are from the same field of invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify eyepiece of Haddick to include a depth sensor capturing, using the sensor, depth data as described by Lee.
The motivation for doing so would have been to provide a completely immersive visual 3D experience that does not require a tablet or goggles, and also does not restrict the viewer's movement. (Lee, [0004]).
Therefore, it would have been obvious to combine Haddick and Lee to obtain the invention as specified in claim 5.
Regarding claim 6, Haddick discloses wherein the operations further comprise:
obtaining, using the depth sensor, a second gesture associated with the laser projection ([0267] interprets gestures or movements of the hand of the wearer as control signals.);
determining user input based on the second gesture ([0267] hand positions or sign language in front of the camera, pointing to a real-world object); and
initiating one or more actions in accordance with the user input ([0267] Hand motions may also be used to manipulate objects displayed on the inside of the translucent lens, such as moving an object, rotating an object, deleting an object, opening-closing a screen or window in the image, and the like).
Regarding claim 7, Haddick discloses masking the laser projection to prevent projecting the data on a hand of the user making the second gesture ([0272] wavefront to be reconstructed by the hologram is the superposition of the Fourier transforms of each object plane in depth.).
Regarding claim 8, Haddick discloses obtaining, using the depth sensor or camera, depth or image data indicative of a geometry, material or texture of the surface ([0249] surface-sensing component in the control device for detecting motion across a surface may also be provided.); and
adjusting one or more parameters of the laser projection system based on the geometry, material or texture of the surface([0249 ] Providing control commands may be transmitted wirelessly, through a wired connection, and the like. The control device may control a pointing function associated with the displayed processor content.).
Regarding claim 9, Haddick discloses capturing, using the camera, reflections of the laser projection from the surface ([0154] integrated processor for handling content for display to the user, and an integrated image source for introducing the content to the optical assembly.);
automatically adjusting an intensity of the laser projection to compensate for different indexes of refraction so that the laser projection has a uniform brightness ([0154] provides a display characteristic adjustment that is dependent on displayed content requirements and surrounding environmental conditions. In embodiments, the display characteristic may be brightness, contrast, and the like).
Regarding claim 11, Haddick discloses A method comprising:
identifying, using one or more processors of the apparatus, a first gesture in the depth data, the first gesture made by a user wearing the apparatus ([0253] the eyepiece may provide for gesture recognition, such as in interpreting hand gestures via mathematical algorithms.);;
associating, using the one or more processors, the first gesture with a request or command ([0258] user of the eyepiece may be able to obtain information on some environmental feature, location, object, and the like, viewed through the eyepiece by raising their hand into the field of view of the eyepiece and pointing at the object or position); and
projecting, using a laser projection system of the apparatus, a laser projection on a surface, the laser projection associated with the request or command ([0299] automatically apply a virtual "label" to the structures or objects according to what it recognizes).
Lee discloses capturing, using a depth sensor of a body-worn apparatus, depth data ([0022] 3D vision processing module 106 receives real-time 3D scans of the scene and/or object(s) from the 3D depth sensor).
Haddick and Lee are combinable because they are from the same field of invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify eyepiece of Haddick to include capturing, using a depth sensor of a body-worn apparatus, depth data as described by Lee.
The motivation for doing so would have been to provide a completely immersive visual 3D experience that does not require a tablet or goggles, and also does not restrict the viewer's movement. (Lee, [0004]).
Therefore, it would have been obvious to combine Haddick and Lee to obtain the invention as specified in claim 11.
Regarding claim 12, Haddick discloses obtaining, using the depth sensor, a second gesture by the user, the second gesture associated with the laser projection ([0267] interprets gestures or movements of the hand of the wearer as control signals.);
determining user input based on the second gesture ([0267] hand positions or sign language in front of the camera, pointing to a real-world object; and
initiating one or more actions in accordance with the user input ([0267] Hand motions may also be used to manipulate objects displayed on the inside of the translucent lens, such as moving an object, rotating an object, deleting an object, opening-closing a screen or window in the image, and the like).
Regarding claim 13, Haddick discloses wherein the one or more actions include controlling another device ([0270] perform actions with an embedded or external mobile device (e.g. mobile phone, navigation device, music device, VoIP, and the like)).
Regarding claim 14, Haddick discloses masking the laser projection to prevent projecting the data on a hand of the user making the second gesture ([0272] wavefront to be reconstructed by the hologram is the superposition of the Fourier transforms of each object plane in depth.)..
Regarding claim 15, Haddick discloses obtaining, using the depth sensor or camera, depth or image data indicative of a geometry, material or texture of the surface ([0249] surface-sensing component in the control device for detecting motion across a surface may also be provided.); and
adjusting one or more parameters of the laser projection system based on the geometry, material or texture of the surface ([0249 ] Providing control commands may be transmitted wirelessly, through a wired connection, and the like. The control device may control a pointing function associated with the displayed processor content.)..
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haddick et al (US 20110221656 A1) and Lee et al (US 20160358382 A1) as applied to claim 5 above, and further in view of Zhou et al (US 20150229750 A1).
Regarding claim 10, Haddick is silent to a magnetic attachment mechanism configured to magnetically couple to a battery pack through a user's clothing, the magnetic attachment mechanism further configured to receive inductive charging from the battery back.
Zhou discloses magnetic attachment mechanism configured to magnetically couple to a battery pack through a user's clothing, the magnetic attachment mechanism further configured to receive inductive charging from the battery back ([0055] the WPD device 200 may include a magnetic inductive charging unit (not shown). The magnetic inductive charging unit may be operable to magnetically connect to the housing and wirelessly connect to the battery.)
Haddick, Lee, and Zhou are combinable because they are from the same field of invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify eyepiece of Haddick to include magnetic attachment mechanism configured to magnetically couple to a battery pack through a user's clothing, the magnetic attachment mechanism further configured to receive inductive charging from the battery back as described by Zhou.
The motivation for doing so would have been for facilitating mobile device payments and personal use and a method for facilitating user interaction with a wearable personal digital device for facilitating mobile device payments and personal use. (Zhou, [0006]).
Therefore, it would have been obvious to combine Haddick, Lee and Zhou to obtain the invention as specified in claim 10.
Conclusion
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/SHIVANG I PATEL/Primary Examiner, Art Unit 2615
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