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 .
This Office Action is made in response to applicant’s amendment filed 04/14/2026. Claims 15-28 are currently pending in the application. An action follows below:
Response to Arguments
The claim objections of claims 18 and 22 and the rejections of claims 18-20 and 22-24 under 35 U.S.C. 112(b) in the previous Office action dated 01/27/2026 have been withdrawn in light of the amendment to the claims.
With respect to the rejections of claims 15, 16, 19, 21, 22 and 25-28 under 35 U.S.C. 102(a)(1) as being anticipated by Zimmermann et al., Applicant has provided on the paragraph on pages 7-8 of the amendment an argument, “ Zimmermann … However, neither of these elements is the particular type of sensor required by the claims, i.e., a laser feedback interferometer sensor, and neither performs optical feedback interferometry or self-mixing interference as would be performed by a LFI sensor. Component 318 projects light into the user's eyes for display purposes and does not capture reflected laser radiation from a facial reference area, and component 324 captures images of the eyes for eye-tracking purposes only,” which has been fully considered but it is not persuasive because the combination of the elements [318, 324] of Zimmermann is mapped to the laser feedback interferometer sensor of claim 15 while the Applicant has discussed the operations of these elements individually. In the instant case, Zimmerman discloses the projecting element 318 projecting laser light into the user's eyes and cameras 324 tracking the user’s eyes by capturing the environment including the area of the eyes and the first area around the user’s eyes including a reference area (see ¶ 68: “… reference to FIG. 3, a pair of scanned-laser shaped-wavefront (e.g., for depth) light projector modules with display mirrors and optics configured to project light 338 into the eyes 302, 304 are shown. The depicted view also shows two miniature infrared cameras 324 paired with infrared light (such as light emitting diodes “LED”s), which are configured to be able to track the eyes 302, 304 of the user …”; ¶ 72: “The wearable system 200 … provide rendering information that is local to the user to facilitate operation of the scanners and imaging into the eyes of the user, for the user's view of the world. The rendering engine 334 may be implemented by a hardware processor (such as, e.g., a central processing unit or a graphics processing unit). In some embodiments, the rendering engine is part of the local processing and data module 260. The rendering engine 334 can be communicatively coupled (e.g., via wired or wireless links) to other components of the wearable system 200. For example, the rendering engine 334, can be coupled to the eye cameras 324 via communication link 274, and be coupled to a projecting subsystem 318 (which can project light into user's eyes 302, 304 …”; ¶ 75: “Regarding the projection of light 338 into the eyes 302, 304 of the user, in some embodiment, the cameras 324 may be utilized to measure where the centers of a user's eyes are geometrically verged to, which, in general, coincides with a position of focus, or “depth of focus”, of the eyes. A 3-dimensional surface of all points the eyes … Light projected from the vergence distance appears to be focused to the subject eye 302, 304 …”; ¶ 201: “… Various techniques may be used for tracking head pose … wearable device 902 can employ … cameras (e.g., cameras in the inward-facing imaging system 462) to record rotational and translational motion of Alice. The movement data recorded by the wearable device 902 can be used to extract features in the environment A for estimating the head pose with respect to a world frame …”; also see ¶ 201 and ¶ 219 for a reference area including an area between the eyes and to capture a reflected portion of laser radiation with the inward-facing imaging system capturing; also see ¶¶ 210-220, discussing the device configured to use algorithm to derive information about the reference area.)
With respect to the rejections of claims 15-28 under 35 U.S.C. 103 as obvious over Zimmermann in view of Bikumandla in the second/alternative set of rejections, since Applicant has not provided any argument with respect to the laser feedback interferometer (LFI) sensor taught by the Bikumandla reference and the modified device of Zimmermann in view of Bikumandla, these rejections are maintained.
Notice to Applicant(s)
Examiner notes that the specification is not the measure of invention. Therefore, limitations contained therein can’t be read into the claims for the purpose of avoiding the prior art. See In re Sporck, 55 CCPA 743, 386 F.2d 924, 155 USPQ 687 (1968).
Further, the names/ terms of the features/elements used in the pending application or pending claims may be different from the names/terms of the matching features/ elements of the prior arts; however, the matching features/ elements of the prior arts contain all characteristics/ functions of the features/elements DEFINED by the pending claims.
Note that in order to avoid confusion, the below citations in the below rejection(s) are mere one or more places in the reference to disclose the "claimed" limitation(s) and/or are directed to one or more of embodiments disclosed by the cited reference(s). In other words, the “claimed” features/limitations may be read in other places in the reference or other embodiments of the reference. In order to better understand how the claimed limitations are taught by the reference(s), a review of the entire reference(s) is suggested by the examiner. Applicant is reminded a prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention as not all relevant paragraphs may have been cited in the rejection. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
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.
Claim Rejections - 35 USC § 102
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 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 of this title, 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.
FIRST SET OF REJECTIONS:
Claims 15, 16, 19, 21, 22 and 25-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zimmermann et al. (US 2021/0312684 A1; hereinafter Zimmermann.)
As per claim 15, Zimmermann discloses a device including smart glasses, which, when worn by a user of the device as intended, is configured to be worn on a head of the user (see at least Figs. 2-3, reference sign 200; ¶ 59 "The wearable system 200 includes a display 220"), in particular on the head of the user,)
wherein the device comprises: at least one laser feedback interferometer (LFI) sensor with at least one laser light source including a laser diode, wherein the LFI sensor is disposed on the device and is configured to emit laser radiation into a reference area in a first area of a face outside eyes of the user of the device and to capture a reflected portion of laser radiation (see at least Fig. 3 and the corresponding description, specifically at least ¶¶ 67, 68, 72, 73, 75, disclosing at least one laser feedback interferometer (LFI) sensor [318, 324; mirror and optics at ¶ 68] with at least one laser light source [318] including a laser diode, wherein the LFI sensor is disposed on the device and is configured to emit laser radiation [338] into an area including a reference area in a first area of a face outside eyes of the user of the device; see ¶ 68: “… reference to FIG. 3, a pair of scanned-laser shaped-wavefront (e.g., for depth) light projector modules with display mirrors and optics configured to project light 338 into the eyes 302, 304 are shown. The depicted view also shows two miniature infrared cameras 324 paired with infrared light (such as light emitting diodes “LED”s), which are configured to be able to track the eyes 302, 304 of the user …”; ¶ 72: “The wearable system 200 … provide rendering information that is local to the user to facilitate operation of the scanners and imaging into the eyes of the user, for the user's view of the world. The rendering engine 334 may be implemented by a hardware processor (such as, e.g., a central processing unit or a graphics processing unit). In some embodiments, the rendering engine is part of the local processing and data module 260. The rendering engine 334 can be communicatively coupled (e.g., via wired or wireless links) to other components of the wearable system 200. For example, the rendering engine 334, can be coupled to the eye cameras 324 via communication link 274, and be coupled to a projecting subsystem 318 (which can project light into user's eyes 302, 304 …”; ¶ 75: “Regarding the projection of light 338 into the eyes 302, 304 of the user, in some embodiment, the cameras 324 may be utilized to measure where the centers of a user's eyes are geometrically verged to, which, in general, coincides with a position of focus, or “depth of focus”, of the eyes. A 3-dimensional surface of all points the eyes … Light projected from the vergence distance appears to be focused to the subject eye 302, 304 …”; ¶ 201: “… Various techniques may be used for tracking head pose … wearable device 902 can employ … cameras (e.g., cameras in the inward-facing imaging system 462) to record rotational and translational motion of Alice. The movement data recorded by the wearable device 902 can be used to extract features in the environment A for estimating the head pose with respect to a world frame …”; also see ¶ 201 and ¶ 219 for a reference area including an area between the eyes and to capture a reflected portion of laser radiation with the inward-facing imaging system capturing;)
wherein the device is configured to use the reflected portion of the laser radiation to derive information about the reference area (see at least ¶¶ 68, 72, 73, 75, 201, 210-220, discussing the device configured to use the inward-facing imaging system capturing the reflected portion of the laser radiation and algorithm to derive information about the reference area;) and
wherein the device is configured to provide the information about the reference area for the purpose of displaying a virtual target object including an avatar that represents the user of the device to a further device (see Figs. 9A-12 and the corresponding description, at least Figs. 9-10, ¶¶ 133, 134, 140, 141 and 145, disclosing the device configured to provide the information about the reference area around an eye of the avatar 1000 for the purpose of displaying a virtual target object including an avatar that represents the user of the device to a further device.)
As per claim 16, Zimmermann discloses the LFI sensor including at least one optical element which is configured to expand a laser beam emitted by the laser light source at least along a line (see the discussion in the rejection of claim 15; or see at least ¶¶ 67-68, disclosing the LFI sensor including mirrors and optics configured to expand a laser beam emitted by the laser light source at least along a line.)
As per claim 19, Zimmermann discloses the device configured to receive data from a further device of a further user, wherein the data from further device includes information about at least one second reference area in at least a second area of a face of the further user, and wherein the device is configured to display a second virtual target object including an avatar that represents the further user, based on the data from the further device, and wherein the device is configured to provide a facial expression of the second virtual target object based on the data of the further device (see at least Figs. 9-12; ¶¶ 133, 134, 140, 141; ¶ 133 “… schematically illustrates an overall system view depicting multiple user devices interacting with each 900 other. The computing environment includes user 930a, 930b, 930c.930a, 930b, devices. The user devices and 930c can communicate with each other through a network 990 …”; ¶ 134 “… information about a specific user's physical and/or virtual worlds …”; ¶ 140 “The wearable devices 902 and 904 can also track the users' eye movements or gaze based on data acquired by the inward-facing imaging system 462 … reflected images of the user to observe the user's facial expressions or other body movements …”.)
As per claim 21, Zimmermann discloses an associate method for operating a device (see the discussion in the rejection of claim 15 above.)
As per claim 22, see the discussion in the rejection of claim 19 above.
As per claim 25, Zimmermann discloses: wherein a distance spectrum and/or speed spectrum ascertained based on the reflected portion of the laser radiation captured using the at least one LFI sensor is made available as input data to at least one trained neural network and information about the reference area or information about a spline assigned to the respective reference area is derived from the distance spectrum and/or from the speed spectrum using the trained neural network and the spline of the virtual target object is modulated based on the derived information (see at least Fig. 7 and the corresponding description, specifically ¶ 114 “… the remote processing module 270 can process the audio data from the microphone (or audio data in another stream such as, e.g., a video stream being watched by the user) to identify content of the speech by applying various speech recognition algorithms, such as, e.g., hidden Markov models, dynamic time warping (DTW) based speech recognitions, neural networks, deep learning algorithms such as deep feedforward and recurrent neural networks, end-to-end automatic speech recognitions, machine learning algorithms …”.)
As per claim 26, Zimmermann discloses: the method further comprising a learning phase for adapting the trained neural network to the user of the device, wherein the neural network is adapted to the user using a camera, wherein image data recorded with the camera are used as labeled training data for adapting the neural network (see at least Fig. 7 and the corresponding description, specifically ¶ 114 “… the remote processing module 270 can process the audio data from the microphone (or audio data in another stream such as, e.g., a video stream being watched by the user) to identify content of the speech by applying various speech recognition algorithms, such as, e.g., hidden Markov models, dynamic time warping (DTW) based speech recognitions, neural networks, deep learning algorithms such as deep feed forward and recurrent neural networks, end-to-end automatic speech recognitions, machine learning algorithms …”; see at least ¶¶ 68, 73, disclosing to use a camera recording the image data.)
As per claims 27-28, Zimmermann discloses a communication system and an associate communication method between at least two users via a communication network (see the discussion in the rejection of claims 15 and 19 above.)
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Zimmermann in view of Bikumandla et al. (US 2021/0223856 A1; hereinafter Bikumandla.)
As per claims 17-18, Zimmermann discloses the LFI sensor configured such that a laser beam emitted by the laser light source is at the reference area (see at least Fig. 3; ¶ 68, ¶ 72,) but is silent to “wherein the LFI sensor is configured such that a laser beam emitted by the laser light source is split into at least two discrete subbeams, so that at least two discrete reference points within the reference area are illuminated” of claim 17 and “wherein the device is configured such that discrete reference points are illuminated according to at least one first illumination pattern and at least one second illumination pattern, and the device is configured to switch between the first illumination pattern and the second illumination pattern” of claim 18.
However, in the same field of endeavor, Bikumandla discloses a related device (202; at least Fig. 2) comprising a LFI sensor configured such that a laser beam emitted by the laser light source is split into at least two discrete subbeams, so that at least two discrete reference points within the reference area are illuminated (see at least Figs. 2 and 3/ 4; ¶¶ 34-35, disclosing a facing tracking device [300/400] comprising an illuminator 110 configured such that a laser beam emitted by the laser light source is split into, e.g., eight discrete subbeams so that eight discrete reference points within the reference area are illuminated and detected by the respective eight detectors [111a-111h]; ¶ 37 “… the multiple detectors 111a-h may include 2, 3, 4, 5, 6, 7, 8, 9, 10 or more detectors … each of the multiple detectors 111a-h may be configured to receive light reflected from a respective portion of an area where the respective portions do not overlap …”) and the device configured such that discrete reference points are illuminated according to at least one first illumination pattern and at least one second illumination pattern, and the device is configured to switch between the first illumination pattern and the second illumination pattern (see the above discussion; or see at least Figs. 2 and 3/ 4; ¶¶ 34-37,) thereby enhancing a resolution of a respective area (see at least ¶ 37: “… to enhance a resolution of a respective area …”.)
Thus, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of invention of the pending application to replace the LFT sensor of Zimmermann with the LFT sensor comprising an illuminator and plural detectors, in view of the teaching in the Bikumandla reference, to improve the above modified device of the Zimmermann reference for the predictable result of enhancing a resolution of a respective area.
Claims 20, 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Zimmermann.
As per claims 20 and 23, Zimmermann, as discussed in the rejection of claim 19, discloses the device configured such that providing the facial expression of the virtual target object and, specifically at least at ¶ 170 discloses “… In certain implementations, as the user moves (or the avatar moves) around in the environment, the wearable system can continuously track the user's head pose … dynamically adjust the size of the avatar … thereby allowing both participants (e.g., avatar and its viewer) to communicate eye-to-eye …”, i.e., modulating the first area of the second virtual target object based on the information about the at least one second reference area of the second area. Zimmermann is silent to use a spline technique to modulate at least one spline in a first area of the second virtual target object based on the information about at least one second reference area of the first area. Official Notice is taken that both the concept and the advantages of using a spline technique for carrying out data processing in an electronic device are well-known and expected in the art. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of invention of the pending application to use the conventional spline technique in the device of Zimmermann as this conventional spline technique is known to carry out data processing. Accordingly, the modified device of Zimmermann using the spline technique obviously renders all limitations of these claims.
As per claim 24, the modified device of Zimmermann using the spline technique obviously renders a respective reference area assigned to or associated with the at least one spline of the second virtual target object, and the at least one spline is modulated based on the information about the respective reference area (see the discussion in the rejection of claim 23 above.)
SECOND/ ALTERNATIVE SET OF REJECTIONS:
This alternative set is made with an assumption that the laser light source and the detector integrally formed in a single laser feedback interferometer (LFI) sensor [18], as shown in Fig. 1.
Claims 15-28 are rejected, in the alternative, under 35 U.S.C. 103 as obvious over Zimmermann in view of Bikumandla.
As per claim 15, Zimmermann discloses a device including smart glasses, which, when worn by a user of the device as intended, is configured to be worn on a head of the user (see at least Figs. 2-3, reference sign 200; ¶ 59 "The wearable system 200 includes a display 220"), in particular on the head of the user,)
wherein the device comprises: at least one laser light source [318] including a laser diode disposed on the device and configured to emit laser radiation into a reference area in a first area of a face outside eyes of the user of the device; and at least one detector [324] configured to capture a reflected portion of laser radiation (see at least Fig. 3 and the corresponding description, specifically at least ¶¶ 67, 68, 72, 73, 75, disclosing the elements [318, 324; mirror and optics at ¶ 68] disposed on the device and including at least one laser light source [318] including a laser diode and configured to emit laser radiation [338] into an area including a reference area in a first area of a face outside eyes of the user of the device; see ¶ 68: “… reference to FIG. 3, a pair of scanned-laser shaped-wavefront (e.g., for depth) light projector modules with display mirrors and optics configured to project light 338 into the eyes 302, 304 are shown. The depicted view also shows two miniature infrared cameras 324 paired with infrared light (such as light emitting diodes “LED”s), which are configured to be able to track the eyes 302, 304 of the user …”; ¶ 72: “The wearable system 200 … provide rendering information that is local to the user to facilitate operation of the scanners and imaging into the eyes of the user, for the user's view of the world. The rendering engine 334 may be implemented by a hardware processor (such as, e.g., a central processing unit or a graphics processing unit). In some embodiments, the rendering engine is part of the local processing and data module 260. The rendering engine 334 can be communicatively coupled (e.g., via wired or wireless links) to other components of the wearable system 200. For example, the rendering engine 334, can be coupled to the eye cameras 324 via communication link 274, and be coupled to a projecting subsystem 318 (which can project light into user's eyes 302, 304 …”; ¶ 75: “Regarding the projection of light 338 into the eyes 302, 304 of the user, in some embodiment, the cameras 324 may be utilized to measure where the centers of a user's eyes are geometrically verged to, which, in general, coincides with a position of focus, or “depth of focus”, of the eyes. A 3-dimensional surface of all points the eyes … Light projected from the vergence distance appears to be focused to the subject eye 302, 304 …”; ¶ 201: “… Various techniques may be used for tracking head pose … wearable device 902 can employ … cameras (e.g., cameras in the inward-facing imaging system 462) to record rotational and translational motion of Alice. The movement data recorded by the wearable device 902 can be used to extract features in the environment A for estimating the head pose with respect to a world frame …”; also see ¶ 201 and ¶ 219 for a reference area including an area between the eyes and to capture a reflected portion of laser radiation with the inward-facing imaging system capturing;)
wherein the device is configured to use the reflected portion of the laser radiation to derive information about the reference area (see the above discussion or see at least ¶¶ 68, 72, 73, 75, 201, 210-220, discussing the device configured to use the inward-facing imaging system capturing the reflected portion of the laser radiation and algorithm to derive information about the reference area;) and
wherein the device is configured to provide the information about the reference area for the purpose of displaying a virtual target object including an avatar that represents the user of the device to a further device (see Figs. 9A-12 and the corresponding description, at least Figs. 9-10, ¶¶ 133, 134, 140, 141 and 145, disclosing the device configured to provide the information about the reference area around an eye of the avatar 1000 for the purpose of displaying a virtual target object including an avatar that represents the user of the device to a further device.)
Zimmermann discloses all limitations of this claim except that Zimmermann discloses the laser light source [318] and the detector [324] arranged separately, instead of integrally formed in a single laser feedback interferometer (LFI) sensor [18], as assumed in light of Fig. 1 of this pending application.
However, in the same field of endeavor, Bikumandla discloses a related device (202; at least Fig. 2) comprising at least one laser feedback interferometer (LFI) sensor [240, 245], each LFI sensor disposed on the device (see at least Fig. 2) and comprising a laser light source [110; Fig. 3/ 4] including a laser diode configured to emit laser radiation into a reference area in a first area of a face outside a portion of a face of the user, e.g., the nose of the user of the device (see Fig. 6) and detectors [111a-11h] configured to capture a reflected portion of laser radiation; wherein the device is configured to use the reflected portion of the laser radiation to derive information about the reference area (see at least Fig. 3 or 4; ¶¶ 34-37,) wherein the laser light source and the detectors integrally formed the laser feedback interferometer (LFI) sensor [240/245] (see at least Fig. 3 or 4,) thereby at least enhancing a resolution of a respective area (see at least ¶ 37: “… to enhance a resolution of a respective area …”) and simplifying the manufacture of the laser feedback interferometer (LFI) sensor and easily replacing when necessary, as readily recognized by one of ordinary skill in the art.
Thus, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of invention of the pending application to replace the light source and the detector of Zimmermann with the LFT sensor comprising a light source and plural detectors, in view of the teaching in the Bikumandla reference, to improve the above modified device of the Zimmermann reference for the predictable result of at least enhancing a resolution of a respective area and simplifying the manufacture of the laser feedback interferometer (LFI) sensor and easily replacing when necessary, as readily recognized by one of ordinary skill in the art. Accordingly, the above modified device of Zimmermann in view of Bikumandla obviously renders all limitations of this claim.
As per claim 16, the above modified device of Zimmermann obviously renders the LFI sensor including at least one optical element which is configured to expand a laser beam emitted by the laser light source at least along a line (see Zimmermann at least ¶¶ 67-68, disclosing mirrors and optics configured to expand a laser beam emitted by the laser light source at least along a line.)
As per claims 17-18, the above modified device of Zimmermann obviously renders: the LFI sensor is configured such that a laser beam emitted by the laser light source is split into at least two discrete subbeams, so that at least two discrete reference points within the reference area are illuminated and the device is configured such that discrete reference points are illuminated according to at least one first illumination pattern and at least one second illumination pattern, and the device is configured to switch between the first illumination pattern and the second illumination pattern (see Bikumandla at least Figs. 2 and 3/ 4; ¶¶ 34-37, disclosing a facing tracking device [300/400] comprising an illuminator 110 configured such that a laser beam emitted by the laser light source is split into, e.g., eight discrete subbeams so that eight discrete reference points within the reference area are illuminated and detected by the respective eight detectors [111a-111h]; ¶ 37 “… the multiple detectors 111a-h may include 2, 3, 4, 5, 6, 7, 8, 9, 10 or more detectors … each of the multiple detectors 111a-h may be configured to receive light reflected from a respective portion of an area where the respective portions do not overlap …”.) Accordingly, the above modified device of Zimmermann in view of Bikumandla obviously renders all limitations of these claims.
As per claim 19, the above modified device of Zimmermann obviously renders the device configured to receive data from a further device of a further user, wherein the data includes information about at least one second reference area in at least a first area of a face of the further user, and wherein the device is configured to display a second virtual target object including an avatar that represents the further user, based on the data from the further device, and wherein the device is configured to provide a facial expression of the second virtual target object based on the data of the further device (see Zimmermann at least Figs. 9-12; ¶¶ 133, 134, 140, 141; ¶ 133 “… schematically illustrates an overall system view depicting multiple user devices interacting with each 900 other. The computing environment includes user 930a, 930b, 930c.930a, 930b, devices. The user devices and 930c can communicate with each other through a network 990 …”; Zimmermann ¶ 134 “… information about a specific user's physical and/or virtual worlds …”; Zimmermann ¶ 140 “The wearable devices 902 and 904 can also track the users' eye movements or gaze based on data acquired by the inward-facing imaging system 462 … reflected images of the user to observe the user's facial expressions or other body movements …”.)
As per claim 20, Zimmermann, as discussed in the rejection of claim 19, discloses the device configured such that providing the facial expression of the second virtual target object and, specifically at least at ¶ 170 discloses “… In certain implementations, as the user moves (or the avatar moves) around in the environment, the wearable system can continuously track the user's head pose … dynamically adjust the size of the avatar … thereby allowing both participants (e.g., avatar and its viewer) to communicate eye-to-eye …”, i.e., modulating the first area of the virtual target object based on the information about at least one second reference area of the second area. Zimmermann is silent to use a spline technique to modulate at least one spline in a first area of the virtual target object based on the information about at least one reference area of the first area. Official Notice is taken that both the concept and the advantages of using a spline technique for carrying out data processing in an electronic device are well-known and expected in the art. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of invention of the pending application to use the conventional spline technique in the above modified device of Zimmermann as this conventional spline technique is known to carry out data processing. Accordingly, the modified device of Zimmermann using the spline technique obviously renders all limitations of this claim.
As per claim 21, the above modified device of Zimmermann obviously renders an associate method for operating a device (see the discussion in the rejection of claim 15 above.)
As per claim 22, see the discussion in the rejection of claim 19 above.
As per claim 23, see the discussion in the rejection of claim 20 above.
As per claim 24, the modified device of Zimmermann using the spline technique obviously renders a respective reference area assigned to or associated with the at least one spline of the second virtual target object, and the at least one spline is modulated based on the information about the respective reference area (see the discussion in the rejection of claim 20/ 23 above.)
As per claim 25, the above modified device of Zimmermann obviously renders: wherein a distance spectrum and/or speed spectrum ascertained based on the reflected portion of the laser radiation captured using the at least one LFI sensor is made available as input data to at least one trained neural network and information about the reference area or information about a spline assigned to the respective reference area is derived from the distance spectrum and/or from the speed spectrum using the trained neural network and the spline of the virtual target object is modulated based on the derived information (see Zimmermann at least Fig. 7 and the corresponding description, specifically Zimmermann ¶ 114 “… the remote processing module 270 can process the audio data from the microphone (or audio data in another stream such as, e.g., a video stream being watched by the user) to identify content of the speech by applying various speech recognition algorithms, such as, e.g., hidden Markov models, dynamic time warping (DTW) based speech recognitions, neural networks, deep learning algorithms such as deep feedforward and recurrent neural networks, end-to-end automatic speech recognitions, machine learning algorithms …”.)
As per claim 26, the above modified device of Zimmermann obviously renders: the method further comprising a learning phase for adapting the trained neural network to the user of the device, wherein the neural network is adapted to the user using a camera, wherein image data recorded with the camera are used as labeled training data for adapting the neural network (see Zimmermann at least Fig. 7 and the corresponding description, specifically Zimmermann ¶ 114 “… the remote processing module 270 can process the audio data from the microphone (or audio data in another stream such as, e.g., a video stream being watched by the user) to identify content of the speech by applying various speech recognition algorithms, such as, e.g., hidden Markov models, dynamic time warping (DTW) based speech recognitions, neural networks, deep learning algorithms such as deep feed forward and recurrent neural networks, end-to-end automatic speech recognitions, machine learning algorithms …”; see Zimmermann at least ¶¶ 68, 73, disclosing to use a camera recording the image data.)
As per claims 27-28, the above modified device of Zimmermann obviously renders a communication system and an associate communication method between at least two users via a communication network (see the discussion in the rejection of claims 15 and 19 above.)
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jimmy H Nguyen whose telephone number is (571) 272-7675. The examiner can normally be reached on Monday-Friday 8:30AM-6PM.
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/Jimmy H Nguyen/
Primary Examiner, Art Unit 2626
Prosecution Insights