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 (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 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) 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over Osterhout, US Patent 9880441 in view of Ely et al, US Patent 10841174 hereinafter referenced as Ely.
Claims 1-20, (Canceled)
As to claim 21, Osterhout discloses an electronic device comprising: one or more cameras (e.g., seen cameras 1424a and 1424b, fig. 14I);
one or more processors (e.g., The HWC 102 may also have a number of integrated computing facilities, such as an integrated processor, fig. 1); and
memory storing instructions configured to be executed by the one or more processors (User's may be identified from a database of user’s eye characteristics either located on the HWC 102 or remotely located on the network 110 or on a server 112),
the instructions for: obtaining, via the communication circuitry, state information from an external electronic device (FIG. 18B illustrates an automatic user interface(s) mode selection based on contextual information. In this example, the pen 1500 is monitoring (e.g., through its microprocessor) whether or not the camera at the writing surface end 1508 is imaging a writing surface in close proximity to the writing surface end of the pen 1500); and
in accordance with a determination that the state information does not satisfy a criterion: capturing, via the one or more cameras, one or more images (as shown in fig. 18, in the event that the pen 1500 does not detect a relatively close writing surface 1822, the pen may predict that the pen is not currently being used to as a writing instrument and the pen may go into a non-writing user interface(s) mode; wherein the pen image far from the writing surface 1822 read as one or more additional images);
estimating state information for the external electronic device based on the one or more images (As shown in fig. 18A, The thresholds 1814 and 1812 may be used as indications of upper and lower bounds of an angle 1804 and 1802 of the pen 1500 for certain expected positions during certain predicted modes); and
presenting content that is based on the estimated state information for the external electronic device (As shown in fig. 18A, the manual mode selection may involve selecting an item in a GUI associated with the pen 1500 (e.g. an image presented in the display of HWC 102)).
Osterhout implicitly discloses that head-worn computing system communicating with external devices 112 and 108 but does not explicitly disclose the communication as a communicating circuitry.
However, in the same endeavor, Ely discloses a communication circuitry to communicate with external devices (e.g., wireless link 46, fig. 1; wherein; circuitry 38 may, for example, support bidirectional wireless communications between devices 10 and 14 over wireless link 46 (e.g., a Bluetooth? link, a WiFi? link, a 60 GHz link or other millimeter wave link, an ultra-wideband communications link, a near-field communications link, other suitable wired or wireless communications link, etc.)).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the disclosure of Osterhout to further include Ely’s communication method in order to activate desired function effectively with intention of using the system in multiple environments.
As to claim 28, Osterhout discloses a method of operating an electronic device that comprises one or more cameras (e.g., seen cameras 1424a and 1424b, fig. 14I),
the method comprising: obtaining, via the communication circuitry, state information from an external electronic device (As shown in fig. 18A, the manual mode selection may involve selecting an item in a GUI associated with the pen 1500 (e.g. an image presented in the display of HWC 102)); and
in accordance with a determination that the state information does not satisfy a criterion: capturing, via the one or more cameras, one or more images (as shown in fig. 18, in the event that the pen 1500 does not detect a relatively close writing surface 1822, the pen may predict that the pen is not currently being used to as a writing instrument and the pen may go into a non-writing user interface(s) mode; wherein the pen image far from the writing surface 1822 read as one or more additional images);
estimating state information for the external electronic device based on the one or more images (As shown in fig. 18A, The thresholds 1814 and 1812 may be used as indications of upper and lower bounds of an angle 1804 and 1802 of the pen 1500 for certain expected positions during certain predicted modes); and
presenting content that is based on the estimated state information for the external electronic device (As shown in fig. 18A, the manual mode selection may involve selecting an item in a GUI associated with the pen 1500 (e.g. an image presented in the display of HWC 102)).
Osterhout implicitly discloses that head-worn computing system communicating with external devices 112 and 108 but does not explicitly disclose the communication as a communicating circuitry.
However, in the same endeavor, Ely discloses a communication circuitry to communicate with external devices (e.g., wireless link 46, fig. 1; wherein; circuitry 38 may, for example, support bidirectional wireless communications between devices 10 and 14 over wireless link 46 (e.g., a Bluetooth? link, a WiFi? link, a 60 GHz link or other millimeter wave link, an ultra-wideband communications link, a near-field communications link, other suitable wired or wireless communications link, etc.)).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the disclosure of Osterhout to further include Ely’s communication method in order to activate desired function effectively with intention of using the system in multiple environments.
As to claim 35, Osterhout discloses a non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of an electronic device that comprises one or more cameras (e.g., seen cameras 1424a and 1424b, fig. 14I),
the one or more programs including instructions for: obtaining, via the communication circuitry, state information from an external electronic device (As shown in fig. 18A, the manual mode selection may involve selecting an item in a GUI associated with the pen 1500 (e.g. an image presented in the display of HWC 102)); and
in accordance with a determination that the state information does not satisfy a criterion: capturing, via the one or more cameras, one or more images (as shown in fig. 18, in the event that the pen 1500 does not detect a relatively close writing surface 1822, the pen may predict that the pen is not currently being used to as a writing instrument and the pen may go into a non-writing user interface(s) mode; wherein the pen image far from the writing surface 1822 read as one or more additional images);
estimating state information for the external electronic device based on the one or more images (As shown in fig. 18A, The thresholds 1814 and 1812 may be used as indications of upper and lower bounds of an angle 1804 and 1802 of the pen 1500 for certain expected positions during certain predicted modes); and
presenting content that is based on the estimated state information for the external electronic device (As shown in fig. 18A, the manual mode selection may involve selecting an item in a GUI associated with the pen 1500 (e.g. an image presented in the display of HWC 102)).
Osterhout implicitly discloses that head-worn computing system communicating with external devices 112 and 108 but does not explicitly disclose the communication as a communicating circuitry.
However, in the same endeavor, Ely discloses a communication circuitry to communicate with external devices (e.g., wireless link 46, fig. 1; wherein; circuitry 38 may, for example, support bidirectional wireless communications between devices 10 and 14 over wireless link 46 (e.g., a Bluetooth? link, a WiFi? link, a 60 GHz link or other millimeter wave link, an ultra-wideband communications link, a near-field communications link, other suitable wired or wireless communications link, etc.)).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the disclosure of Osterhout to further include Ely’s communication method in order to activate desired function effectively with intention of using the system in multiple environments.
As to claim 22, the combination of Osterhout and Ely discloses the electronic device of claim 21. The combination further discloses estimating the state information comprises: analyzing the one or more images using the one or more processors (e.g., The HWC 102 may also have a number of integrated computing facilities, such as an integrated processor, fig. 1).
As to claim 23, the combination of Osterhout and Ely discloses the electronic device of claim 22. The combination further discloses analyzing the one or more images comprises determining a first position of the external electronic device and wherein the instructions further comprise instructions for: determining a second position at which to present the content based on the first position of the external electronic device, wherein presenting the content comprises presenting the content at the second position (Osterhout, The movement of the digital content for a quickly moving person is also shown in FIG. 40 wherein as the person turns their head to the side, the digital content moves out of the see-through FOV to content position 4008 and then moves back as the person turns their head back, col. 54, lines 62-67).
As to claim 24, the combination of Osterhout and Ely discloses the electronic device of claim 23. The combination further discloses the external electronic device is positioned in a physical environment, wherein analyzing the one or more images to determine the first position of the external electronic device comprises determining the first position of the external electronic device within the physical environment, and wherein the electronic device further comprises: one or more displays configured to emit light from a transparent structure towards an eye box, wherein the second position overlaps the external electronic device when viewed from the eye box (Osterhout, by overlapping the portion of the compact optical display assembly associated with the illumination light 6837 with the portion of the compact optical display assembly associated with the image light 6835, the overall size of the compact optical display assembly is reduced, col. 75, lines 46-51).
As to claim 25, the combination of Osterhout and Ely discloses the electronic device of claim 21. The combination further discloses obtaining the state information comprises: wirelessly pairing with the external electronic device; and transmitting a request for the state information to the external electronic device via the communication circuitry (Ely, Computer-generated display elements 48 may be used to convey status information (e.g., battery level, operating temperature, download status information, data transfer rates, network information, volume, brightness, wireless pairing information, or any other suitable information), col. 16, lines 14-19).
As to claim 26, the combination of Osterhout and Ely discloses the electronic device of claim 21. The combination further discloses the estimated state information comprises an application running on the external electronic device, comprises application information for an application running on the external electronic device, identifies content being displayed on a display in the external electronic device, or identifies audio being played on a speaker in the external electronic device (Ely, e.g., images of electronic devices 14 and their functions).
As to claim 27, the combination of Osterhout and Ely discloses the electronic device of claim 21. The combination further discloses the instructions further comprise instructions for: changing one or more settings in the electronic device, the external electronic device, or an additional external electronic device based on the estimated state information (Ely, as shown in fig. 6, Text 54 may be a menu of options from which a user may select suitable actions to take with respect to external devices 14 (e.g., turning devices 14 on or off, establishing or breaking a wireless connection between external devices 14).
As to claim 29, the combination of Osterhout and Ely discloses the method of claim 28. The combination further discloses estimating the state information comprises: analyzing the one or more images using one or more processors of the electronic device (e.g., The HWC 102 may also have a number of integrated computing facilities, such as an integrated processor, fig. 1).
As to claim 30, the combination of Osterhout and Ely discloses the method of claim 29. The combination further discloses analyzing the one or more images comprises determining a first position of the external electronic device and wherein the method further comprises: determining a second position at which to present the content based on the first position of the external electronic device, wherein presenting the content comprises presenting the content at the second position (Osterhout, The movement of the digital content for a quickly moving person is also shown in FIG. 40 wherein as the person turns their head to the side, the digital content moves out of the see-through FOV to content position 4008 and then moves back as the person turns their head back, col. 54, lines 62-67).
As to claim 31, the combination of Osterhout and Ely discloses the method of claim 30. The combination further discloses the external electronic device is positioned in a physical environment, wherein analyzing the one or more images to determine the first position of the external electronic device comprises determining the first position of the external electronic device within the physical environment, wherein the electronic device further comprises one or more displays configured to emit light from a transparent structure towards an eye box, and wherein the second position overlaps the external electronic device when viewed from the eye box (Osterhout, by overlapping the portion of the compact optical display assembly associated with the illumination light 6837 with the portion of the compact optical display assembly associated with the image light 6835, the overall size of the compact optical display assembly is reduced, col. 75, lines 46-51).
As to claim 32, the combination of Osterhout and Ely discloses the method of claim 28. The combination further discloses obtaining the state information comprises: wirelessly pairing with the external electronic device; and transmitting a request for state information to the external electronic device via the communication circuitry (Ely, Computer-generated display elements 48 may be used to convey status information (e.g., battery level, operating temperature, download status information, data transfer rates, network information, volume, brightness, wireless pairing information, or any other suitable information), col. 16, lines 14-19).
As to claim 33, the combination of Osterhout and Ely discloses the method of claim 28. The combination further discloses the estimated state information comprises an application running on the external electronic device, comprises application information for an application running on the external electronic device, identifies content being displayed on a display in the external electronic device, or identifies audio being played on a speaker in the external electronic device (Ely, e.g., images of electronic devices 14 and their functions).
As to claim 34, the combination of Osterhout and Ely discloses the method of claim 28. The combination further discloses changing one or more settings in the electronic device, the external electronic device, or an additional external electronic device based on the estimated state information (Ely, as shown in fig. 6, Text 54 may be a menu of options from which a user may select suitable actions to take with respect to external devices 14 (e.g., turning devices 14 on or off, establishing or breaking a wireless connection between external devices 14).
As to claim 36, the combination of Osterhout and Ely discloses the non-transitory computer-readable storage medium of claim 35. The combination further discloses estimating the state information comprises: analyzing the one or more images using the one or more processors (e.g., The HWC 102 may also have a number of integrated computing facilities, such as an integrated processor, fig. 1).
As to claim 37, the combination of Osterhout and Ely discloses the non-transitory computer-readable storage medium of claim 36. The combination further discloses analyzing the one or more images comprises determining a first position of the external electronic device and wherein the instructions further comprise instructions for: determining a second position at which to present the content based on the first position of the external electronic device, wherein presenting the content comprises presenting the content at the second position (Osterhout, The movement of the digital content for a quickly moving person is also shown in FIG. 40 wherein as the person turns their head to the side, the digital content moves out of the see-through FOV to content position 4008 and then moves back as the person turns their head back, col. 54, lines 62-67),
wherein the external electronic device is positioned in a physical environment, wherein analyzing the one or more images to determine the first position of the external electronic device comprises determining the first position of the external electronic device within the physical environment, wherein the electronic device further comprises one or more displays configured to emit light from a transparent structure towards an eye box, and wherein the second position overlaps the external electronic device when viewed from the eye box (Osterhout, by overlapping the portion of the compact optical display assembly associated with the illumination light 6837 with the portion of the compact optical display assembly associated with the image light 6835, the overall size of the compact optical display assembly is reduced, col. 75, lines 46-51).
As to claim 38, the combination of Osterhout and Ely discloses the non-transitory computer-readable storage medium of claim 35. The combination further discloses obtaining the state information comprises: wirelessly pairing with the external electronic device; and transmitting a request for the state information to the external electronic device via the communication circuitry (Ely, Computer-generated display elements 48 may be used to convey status information (e.g., battery level, operating temperature, download status information, data transfer rates, network information, volume, brightness, wireless pairing information, or any other suitable information), col. 16, lines 14-19).
As to claim 39, the combination of Osterhout and Ely discloses the non-transitory computer-readable storage medium of claim 35. The combination further discloses the estimated state information comprises an application running on the external electronic device, comprises application information for an application running on the external electronic device, identifies content being displayed on a display in the external electronic device, or identifies audio being played on a speaker in the external electronic device (Ely, e.g., images of electronic devices 14 and their functions).
As to claim 40, the combination of Osterhout and Ely discloses the non-transitory computer-readable storage medium of claim 35. The combination further discloses the instructions further comprise instructions for: changing one or more settings in the electronic device, the external electronic device, or an additional external electronic device based on the estimated state information (Ely, as shown in fig. 6, Text 54 may be a menu of options from which a user may select suitable actions to take with respect to external devices 14 (e.g., turning devices 14 on or off, establishing or breaking a wireless connection between external devices 14).
Response to Arguments
Applicant's arguments filed on 12/18/2025 have been fully considered but they are not persuasive.
Applicant argues on page 14 of Remarks that ‘The Examiner suggested that "the pen image far from the writing surface 1822 read as one or more additional images." Claim 21 requires that the "one or more images" are captured by the "one or more cameras" of the "electronic device." However, the Examiner already alleged that Osterhaut's cameras 1424a and 1424b are the "one or more cameras" and therefore head-worn computer 102 is the "electronic device" of claim 21. In contrast, "the pen image from the writing surface 1822" is captured by pen 1500. The images captured by pen 1500 therefore cannot show or suggest the "one or more images" of claim 21 as suggested by the Examiner.’
In accordance with MPEP, “USPTO personnel to give the claims, as specifically recited, their broadest reasonable interpretation consistent with the Specification.
For instant case, the claim limitation does not specify the type of state information and the type if criterion to be satisfied. In addition, the system as claimed is that an electronic device is communicating with another external electronic device.
With broadest reasonable interpretation HWC 102 and the external user interface 1500 are part of the system. As shown in fig. 15 for example, the HWC 102 may watch for and interpret hand gestures 116 as control signals, where the pen 1500 may also be used as a user interface with the same HWC 102, so camera 1508 on the pen 1500 can be interpreted as one or more cameras. Therefore, the current 103 rejection is sustained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Maric et al., US PGPUB 20210063744 discloses an optical module for a head-mounted device is configured to present content to a user. The optical module includes an optical module housing assembly, a display assembly, and an eye camera. The optical module housing assembly has a first end and a second end. The lens is connected to the optical module housing assembly and positioned at the first end of the optical module housing assembly. The display assembly is connected to the optical module housing assembly and is positioned at the second end of the optical module housing assembly. The display assembly is configured to cause the content to be displayed to the user through the lens. The eye camera is connected to the optical module housing assembly and is positioned at the second end of the optical module housing assembly. The eye camera is configured to obtain images through the lens.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SAHLU OKEBATO/ Primary Examiner, Art Unit 2625
2/26/2026
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