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
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) 1-3, 5, 8-16 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keller et al (2024/0338089) hereinafter, Keller in view of Yu et al (2024/0386893) hereinafter, Yu further in view of Kim et al (8,823,603) hereinafter, Kim.
In regards to claim 1, Keller teaches a method interacting with a pair of smart glasses, including (abstract) (fig. 7 (input means)):
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receiving a swipe gesture at a location on a temple arm of the pair of smart glasses [0037] (fig. 1b (20));
[0037] FIG. 1b illustrates a head mounted near-eye display system 20 in the form of eyeglasses (i.e., smart glasses) in one embodiment of the reticle system. The head mounted near-eye display system 20 may include at least a right temple arm 12 and a processing unit 18 having a memory for storing data, storing computer programs, storing computer apps, and for executing the computer programs and apps. Additionally, the processing unit 18 may be connected to an input device 16 and/or user input button 14. The input device 16 is operable to convey user input to processing unit 18. In an embodiment, the input device 16 is a touchpad or touch sensor. The touch sensor 16 is operable to receive input from one or more fingers of a user 10 and/or input from a stylus. Persons skilled in the relevant arts will recognize that where an input gesture is described as being performed by a finger of the operator 10, the input gesture may also be performed by a stylus. A gesture received by the touch sensor 16 may include, without limitation, tapping the touch sensor 16, swiping/dragging across the touch sensor 16 in a front-to-rear direction, swiping/dragging across the touch sensor 16 in a rear-to-front direction, swiping/dragging across the touch sensor 16 in a top-to-bottom direction, swiping/dragging across the touch sensor 16 in a bottom-to-top direction, swiping/dragging across the touch sensor 16 in a front-to-rear and rear-to-front direction simultaneously (e.g., a pinching motion), and vice versa, swiping/dragging across the touch sensor 16 in a bottom-to-top and a top-to-bottom direction simultaneously, and vice versa, swiping/dragging across the touch sensor 16 in a front-to-rear-to-front direction, swiping/dragging across the touch sensor 16 in a rear-to-front-to-rear direction, and swiping/dragging across the touch sensor 16 in a bottom-to-top-to-bottom direction, and swiping/dragging across the touch sensor 16 in a top-to-bottom-to-top direction. The touch sensor 16 may further detect whether one finger, two fingers, or three fingers are utilized during the gesture. In an embodiment, a user input button 14 is operable to convey commands to processing unit 18. In another embodiment, the operator 10 can send commands via a handheld device or voice input. The processing unit 18 may convert the operator 10 interaction with the user input button 14, or the sequence of gestures into a sequence of symbols suitable for comparison with a stored sequence of symbols used to control certain operations on the device, including turning on/off the camera, camera focus, displaying and hiding the virtual image, enabling or disabling computer programs, controlling computer programs, enabling or disabling visual guides, controlling visual guides, selecting and controlling menu items, selecting and controlling networked real world objects and devices 42, and the like.
in response to receiving the swipe gesture, performing an operation at the pair of smart glasses associated with the swipe gesture [0037-0040];
receiving a different input at the location on the temple arm of the pair of smart glasses [0037-0040] (fig. 1 (300)fig. 5 different options to select);
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Keller fails to expressly teach in response to receiving the different input at the location, invoking a virtual assistant. Examiner notes, Keller states, (“[f]or example, the head mounted near-eye display system 20 and reticle 60 may be used for controlling a smart device like a personal home assistant”)[0048].
However, Yu teaches in response to receiving a different input at the location, invoking a virtual assistant (abstract.[142-148]] fig. 5 (1-8)) Yu
[0143] While press and hold the virtual button, the user asks the chat app (A) on the smart glasses 301 using voice, such as “where is Hong Kong?”. The smart glasses 301 picks up the user speech through the built-in microphone, and sends the user speech to the chat app (B) on smart mobile phone or smartwatch 302 via Bluetooth.
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It would have been obvious to one of ordinary skill in the art to modify the teachings of Keller to include in response to receiving the different input at the location, invoking a virtual assistant as taught by Yu in order to implement more complex functions with smart glasses [0003-006].
Keller in view of Yu are silent with respect to volume-control and presenting an audio notification comprising an indication of a volume level based on the volume-control operation.
However, Kim teaches volume-control and presenting an audio notification comprising an indication of a volume level based on the volume-control operation.(fig. 5 (52)) Kim
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(72) The HMD can output auditory information via the audio output unit [S20]. As mentioned earlier in FIG. 1 and FIG. 5, the HMD can output the auditory information using the audio output unit included in the ear piece part. The HMD can output music, alarm, a voice of the other party in case of performing a voice call, or a notification sound. A user can check outputted auditory information by ears of the user.(col. 13, lines 12-30)
It would have been obvious to one of ordinary skill in the art to modify the teachings of Keller and Yu to further include volume-control and presenting an audio notification comprising an indication of a volume level based on the volume-control operation as taught by Kim in order to concise control on small device (col. 1, lines 10-45).
Therefore, Keller in view of Yu and Kim teaches wherein the virtual assistant is configured to execute voice commands; (abstract.[142-148]] fig. 5 (1-8)) Yu
receiving another input at a different location on the temple arm, wherein the other input is different from the swipe gesture [0037-0039, 0045,0048,0055] (fig. 1b and fig. 7 (14))Keller;
in response to receiving the other input, performing another operation at the pair of smart glasses associated with the other input, wherein the volume-control (fig. 5 (52)) Kim operation and the other operation are different from each other (fig. 5 300,, 322, 326, 328, 340, and 350)) Keller.
In regards to claim 14, Kelller teaches a pair of smart glasses, including: a temple arm, wherein the temple is configured to: receive a swipe gesture at a location on the temple arm (fig. 7 (16 and [0037]); in response to receiving the swipe gesture, perform an operation at the pair of smart glasses associated with the swipe gesture [0037, 0045];
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receive a different input at the location on the temple arm [0037];
in response to receiving the different input at the location[0037-0040] (fig. 1 (300)fig. 5 different options to select);
Keller fails to expressly teach in response to receiving the different input at the location, invoking a virtual assistant. Examiner notes, Keller states, (“[f]or example, the head mounted near-eye display system 20 and reticle 60 may be used for controlling a smart device like a personal home assistant”)[0048].
However, Yu teaches in response to receiving a different input at the location, invoking a virtual assistant (abstract.[142-148]] fig. 5 (1-8)) Yu
[0143] While press and hold the virtual button, the user asks the chat app (A) on the smart glasses 301 using voice, such as “where is Hong Kong?”. The smart glasses 301 picks up the user speech through the built-in microphone, and sends the user speech to the chat app (B) on smart mobile phone or smartwatch 302 via Bluetooth.
It would have been obvious to one of ordinary skill in the art to modify the teachings of Keller to include in response to receiving the different input at the location, invoking a virtual assistant as taught by Yu in order to implement more complex functions with smart glasses [0003-006].
Keller in view of Yu are silent with respect to volume-control and present an audio notification comprising an indication of a volume level based on the volume-control operation.
However, Kim teaches volume-control and presenting an audio notification comprising an indication of a volume level based on the volume-control operation.(fig. 5 (52)) Kim
It would have been obvious to one of ordinary skill in the art to modify the teachings of Keller and Yu to further include volume-control and presenting an audio notification comprising an indication of a volume level based on the volume-control operation as taught by Kim in order to concise control on small device (col. 1, lines 10-45).
Therefore, Keller in view of Yu and Kim teaches in response to receiving the different input at the location invoking a virtual assistant, wherein the virtual assistant is configured to execute voice commands(abstract.[142-148]] fig. 5 (1-8)) Yu; receive another input at a different location on the temple arm, wherein the other input is different from the swipe gesture[0037-0039, 0045,0048,0055] (fig. 1b and fig. 7 (14))Keller; in response to receiving the other input, perform another operation at the pair of smart glasses associated with the other input, wherein the volume-control (fig. 5 (52)) Kim operation and the other operation are different from each other. (fig. 5 300,, 322, 326, 328, 340, and 350)) Keller.
In regards to claim 18, Keller teaches a non-transitory computer-readable storage medium including instructions that, when executed by a pair of smart glasses, cause the pair of smart glasses to: receive a swipe gesture at a location on a temple arm of the pair of smart glasses(fig. 7 (16 and [0037]); in response to receiving the swipe gesture [0037, 0045], perform an operation at the pair of smart glasses associated with the swipe gesture; receive a different input at the location on the temple arm of the pair of smart glasses; [0037-0040] (fig. 1 (300)fig. 5 different options to select);
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Keller fails to expressly teach in response to receiving the different input at the location, invoking a virtual assistant. Examiner notes, Keller states, (“[f]or example, the head mounted near-eye display system 20 and reticle 60 may be used for controlling a smart device like a personal home assistant”)[0048].
However, Yu teaches in response to receiving an input at the location, invoking a virtual assistant (abstract.[142-148]] fig. 5 (1-8)) Yu
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It would have been obvious to one of ordinary skill in the art to modify the teachings of Keller to include in response to receiving the different input at the location, invoking a virtual assistant as taught by Yu in order to implement more complex functions with smart glasses [0003-006].
Keller in view of Yu are silent with respect to volume-control and present an audio notification comprising an indication of a volume level based on the volume-control operation.
However, Kim teaches volume-control and presenting an audio notification comprising an indication of a volume level based on the volume-control operation.(fig. 5 (52)) Kim
It would have been obvious to one of ordinary skill in the art to modify the teachings of Keller and Yu to further include volume-control and presenting an audio notification comprising an indication of a volume level based on the volume-control operation as taught by Kim in order to concise control on small device (col. 1, lines 10-45).
Therefore, Keller in view of Yu teaches in response to receiving the different input at the location, invoke a virtual assistant.[142-148]] fig. 5 (1-8)) Yu, wherein the virtual assistant is configured to execute voice commands; receive another input at a different location on the temple arm, wherein the other input is different from the swipe gesture[0037-0039, 0045,0048,0055] (fig. 1b and fig. 7 (14))Keller;; in response to receiving the other input, perform another operation at the pair of smart glasses associated with the other input, wherein the volume-control (fig. 5 (52)) Kim operation operation and the other operation are different from each other. (fig. 5 300,, 322, 326, 328, 340, and 350)) Keller.
In regards to claim 2, Keller in view of Yu and Kim teaches the method of claim 1, wherein the other input is not a gesture (fig. 7 (14)) button) Keller).
In regards to claim 3, Keller in view of Yu teaches method of claim 1, wherein the other input is a button press (fig. 7 (14)) button) Keller)..
In regards to claim 5, Keller in view of Yu and Kim teaches method of claim 1, wherein the different input is a tap gesture ([206, 208, claim 5 ]Yu).
In regards to claim 8, Keller in view of Yu and Kim teaches method of claim 1, wherein the pair of smart glasses include a touch-sensitive surface (fig. 1b 16 [0037] touchpad or touch sensor) Keller.
In regards to claim 9, Keller in view of Yu and Kim teaches method of claim 1, wherein the swipe gesture moves along a major length of the temple arm ([0037] front to rear)Keller.
In regards to claim 10, Keller in view of Yu and Kim teaches method of claim 1, wherein the pair of smart glasses are augmented-reality glasses [0034, 0038, 0040]] fig.3c 46) Keller).
In regards to claim 11, Keller in view of Yu and Kim teaches method of claim 1, wherein the pair of smart glasses includes a button for controlling an operation of the pair of smart glasses (fig. 7 14s) Keller).
In regards to claim 12, Keller in view of Yu and Kim teaches method of claim 1, including: receiving yet another gesture at a location on a frame of the pair of smart glasses different from the temple arm of the pair of smart glasses; and in response to receiving the yet another gesture, performing an operation at the pair of smart glasses associated with the yet another gesture. (fig. 5 300,, 322, 326, 328, 340, and 350) and fig. 7 multiple 14s and 16)) Keller in view of ([206, 208, claim 5 ]Yu).
In regards to claim 13, Keller in view of Yu and Kim teaches method of claim 1, wherein the pair of smart glasses are communicatively coupled to another device that is configured to augment features of the pair of smart glasses (fig. 3 (301, 302/302) Yu.
In regards to claim 15, Keller in view of Yu and Kim teaches pair of smart glasses of claim 14, wherein the other input is not a gesture. (fig. 7 (14)) button) Keller).
In regards to claim 162, Keller in view of Yu and Kim teaches pair of smart glasses of claim 14, wherein the other input is a button press. (fig. 7 (14)) button) Keller).
In regards to claim 19, Keller in view of Yu and Kim teaches non-transitory computer-readable storage medium of claim 18, wherein the other input is not a gesture. (fig. 7 (14)) button) Keller).
In regards to claim 20, Keller in view of Yu and Kim teaches non-transitory computer-readable storage medium of claim 18, wherein the other input is a button press. (fig. 7 (14)) button) Keller).
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keller et al (2024/0338089) hereinafter, Keller in view of Yu et al (2024/0386893) hereinafter, Yu and Kim further in view of Villalpando et al (2022/0043278) hereinafter, Villalpando.
In regards to claim 6, Keller and Yu and Kim fail to teach the method of claim 1, wherein the other operation is a media control operation.
However, Villalpando teaches wherein the other operation is a media control operation [119-135] Villalpando.
It would have been obvious to one of ordinary skill in the art to modify the teachings of Keller and Yu and Kim to further include wherein the other operation is a media control operation as taught by Villalpando in order to provide for added functionality.
In regards to claim 7, Keller and Yu and Kim in view of Villalpando teaches the method of claim 6, wherein the media control operation is one of (i) skipping backward one song, (ii) rewinding, (iii) pausing, (iv) playing and, (v) stopping, (vi) fast forwarding, and (vii) skip forward one song. [119-135] Villalpando
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keller et al (2024/0338089) hereinafter, Keller in view of Yu et al (2024/0386893) hereinafter, Yu further in view of Kim et al (8,823,603) hereinafter, Kim further in view of Kumar et al (2022/0103948) hereinafter, Kumar.
In regards to claim 21, Keller and Yu in view of Kim fails to teach (New) the method of claim 1, wherein the audio notification is a sound effect that is provided while music is playing at the pair of smart glasses.
However, Kumar teaches wherein the audio notification is a sound effect that is provided while music is playing.[0017]
It would have been obvious to one of ordinary skill in the art to modify the teachings of Keller and Yu in view of Kim the pair of smart glasses as taught by Kumar in order to not provide an abrupt pause in the music being played [0017].
6. Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Keller et al (2024/0338089) hereinafter, Keller in view of Yu et al (2024/0386893) hereinafter, Yu further in view of Kim et al (8,823,603) hereinafter, Kim further in view of Brush et al (2021/0126985) hereinafter, Brush.
In regards to claim 22, Keller and Yu in view of Kim fail to teach (New) the method of claim 1, wherein the virtual assistant is invoked at the pair of smart glasses.
However, Brush teaches wherein the virtual assistant is invoked locally. (abstract, fig. 3 102).
It would have been obvious to one of ordinary skill in the art to modify the teachings of Keller and Yu in view of Kim to further include wherein the virtual assistant is invoked at the pair of smart glasses as taught by Brush in order to provide a balance of local and server side virtual assistant and provided desired results from the user [002-006]
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Examiner thanks applicant for the clearly laid out and well-articulated arguments.
In response to Applicant’s remarks about two distinct inputs (i) and (ii). MPEP 2111 states the claims should be viewed under the broadest reasonable interpolation. Examiner contends the “left side” input device (fig. 7 16, 14 and 14) can be viewed as “the location”. Keller does appear to teach 16 for swiping and dragging (similar to Kim’s method of volume control in fig. 5) and button 14 is for user to convey commands to the processor [0037]. Examiner also notes Kim teaches swiping for volume control in fig. 5.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT SITTA whose telephone number is (571)270-1542. The examiner can normally be reached M-F 7:30-4:00.
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/GRANT SITTA/Primary Examiner, Art Unit 2622