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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/14/25 was considered by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 6-8, 11-12, and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Geisner et al. (US 2013/0095924, hereinafter “Geisner”, cited by Applicant). Regarding claim 1, Geisner discloses eyeglasses, comprising (Fig. 1A, [0035], head mounted display device as eyeglasses): a display (Figs. 2A-B, [0038, 0042, 0050], image generation unit 120); a camera configured to capture an environment of the eyeglasses (Figs. 2A-B, [0038, 0043], outward facing capturing devices 113); and processing circuitry coupled to the camera and the display, wherein the processing circuitry is configured to (Figs. 1A-B, [0035, 0042], companion processing module 4 is integrated to control circuitry 136 of the display device 2 and is coupled to camera 113 and display 120): determine, based on image data of the camera, whether the environment offers a user of the eyeglasses an opportunity to perform a physical health exercise (Fig. 5, [0110-0116], steps 602 and 604, the location is identified based on the image data captured by the image capture device and provided to the scene mapping engine ([0110]); In step 604, the scene mapping engine automatically identifies sport opportunities via identification of the one or more sport objects, based on a 3D mapping of the objects. Per [0071] and [0077-0078] this 3D mapping is obtained from captured image data via the image and audio processing engine 191); and if it is determined that the environment offers an opportunity to perform a physical health exercise, control the display to output one or more graphical elements related to the opportunity to perform a physical health exercise (Fig. 4, [0115], step 610, in which the physical movement recommendation obtained in step 608 is displayed [0114]).
Regarding claim 2, Geisner discloses the eyeglasses of claim 1, wherein, for determining whether the environment offers an opportunity to perform a physical health exercise, the processing circuitry is configured to perform image analysis on the image data (Geisner, Fig. 5, [0110-0116], steps 602 and 604, the location is identified based on the image data captured by the image capture device and provided to the scene mapping engine ([0110]); In step 604, the scene mapping engine automatically identifies sport opportunities via identification of the one or more sport objects via performing image analysis, based on a 3D mapping of the objects. Per [0071] and [0077-0078] this 3D mapping is obtained from captured image data via the image and audio processing engine 191).
Regarding claim 6, Geisner discloses the eyeglasses of claim 2, wherein the one or more graphical elements indicate a suggested physical health exercise for the user which includes physical movement of the user (Geisner, [0115], visual guides in step 610 provide graphical elements that indicate a suggested physical health exercise for the user which includes physical movement of the user).
Regarding claim 7, Geisner discloses the eyeglasses of claim 2, wherein the processing circuitry is configured to determine that the environment offers an opportunity to perform a physical health exercise if the processing circuitry determines from the image data that the user is carrying a load (Geisner, [0131, 0135], camera detects a user is carrying a load such as a golf club based on a user’s swinging the device to provide a famous golf course for performing physical health exercise).
Regarding claim 8, Geisner discloses the eyeglasses of claim 7, wherein the one or more graphical elements indicate a suggested physical health exercise for the user which involves the load (Geisner, [0131, 0135], camera detects a user is carrying a load such as a golf club based on a user’s swinging the device to suggest playing golf at a famous golf course for performing physical health exercise).
Regarding claim 11, Geisner discloses the eyeglasses of claim 1, wherein the one or more graphical elements represent one or more virtual objects for augmenting the environment to support the user in performing the physical health exercise (Geisner, [0135], playing golf from user’s perspective at a well-known golf course with a virtual sports object as a graphical element responsive to physical movement of the user).
Regarding claim 12, Geisner discloses the eyeglasses of claim 1, wherein the one or more graphical elements represent information about an effect of the physical health exercise (Geisner, [0135], playing golf from user’s perspective (i.e., an effect of the physical health exercise) at a well-known golf course with a virtual sports object as a graphical element responsive to physical movement of the user).
Regarding claim 14, Geisner discloses the eyeglasses of claim 1, further comprising: wireless communication circuitry configured to wirelessly receive first availability data from other eyeglasses in the vicinity of the user, the first availability data indicating that a wearer of the other eyeglasses is available for performing a joint physical health exercise (Geisner, Figs. 3 and 9G, [0039-0040, 0076, 0157], peer-to-peer communication with other personal A/V apparatus 8 to perform joint physical health exercise such as basketball [0157]; [0076] teaches detecting proximity of another user), wherein, if it is determined that the environment offers an opportunity to perform a physical health exercise, the processing circuitry is further configured to (Geisner, Figs. 3 and 9G, [0039-0040, 0076, 0157], peer-to-peer communication with other personal A/V apparatus 8 to perform joint physical health exercise such as basketball when another user is in proximity): determine a joint physical health exercise for the user and the wearer of the other eyeglasses (Geisner, Figs. 3 and 9G, [0039-0040, 0076, 0157], peer-to-peer communication with other personal A/V apparatus 8 to perform joint physical health exercise such as basketball when another user is in proximity); control the display to output one or more graphical elements related to the joint physical health exercise (Geisner, [0157, 0159], display the results of another player for the sport such as that players score in a basketball game); and control the wireless communication circuitry to wirelessly transmit exercise data to the other eyeglasses, the exercise data indicating information related to the determined joint physical health exercise (Geisner, Figs. 3 and 9G, [0039-0040, 0076, 0157], peer-to-peer communication with other personal A/V apparatus 8 to perform joint physical health exercise such as basketball when another user is in proximity; exercise data can include information on the location of the basketball while playing the game as well as the score of the game to determine how long to play the game; [0158] teaches providing exercise data for a joint golf experience to each golfer related to “virtual caddy” instructions, for example).
Regarding claim 15, Geisner discloses the eyeglasses of claim 1, further comprising: wireless communication circuitry configured to wirelessly transmit second availability data to the vicinity of the user, the second availability data indicating that the user is available for performing a joint physical health exercise (Geisner, Figs. 3 and 9G, [0039-0040, 0157], peer-to-peer communication with other personal A/V apparatus 8 to perform joint physical health exercise such as basketball [0157]).
Regarding claim 16, Geisner discloses the eyeglasses of claim 1, further comprising: a frame configured to hold the display, the camera and the processing circuitry, wherein the frame is adapted for mounting to the user's head (Geisner, Figs. 1A-B, 2A-B, [0035, 0037-0038], frame 115 holds the companion processing module 4, display 120, and camera 113; frame formed as eyeglasses is adapted for mounting to a user’s head).
Regarding claim 17, Geisner discloses a method for eyeglasses, the method comprising (Figs. 1A and 5, [0035 and 0110-0116], method using head mounted display device 2 as eyeglasses): capturing an environment of the eyeglasses by a camera of the eyeglasses (Figs. 2A-B, [0038, 0043], outward facing capturing devices 113 as cameras capture an environment); determining, based on image data of the camera, whether the environment offers a user of the eyeglasses an opportunity to perform a physical health exercise (Fig. 5, [0110-0116], steps 602 and 604, the location is identified based on the image data captured by the image capture device and provided to the scene mapping engine ([0110]); In step 604, the scene mapping engine automatically identifies sport opportunities via identification of the one or more sport objects, based on a 3D mapping of the objects. Per [0071] and [0077-0078] this 3D mapping is obtained from captured image data via the image and audio processing engine 191); and if it is determined that the environment offers an opportunity to perform a physical health exercise, controlling a display of the eyeglasses to output one or more graphical elements related to the opportunity to perform a physical health exercise (Fig. 4, [0115], step 610, in which the physical movement recommendation obtained in step 608 is displayed [0114]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Geisner in view of Soulos et al. (US 2017/0017776, hereinafter “Soulos”, cited by Applicant).
Regarding claim 3, Geisner discloses the eyeglasses of claim 2, but does not explicitly disclose wherein the processing circuitry is configured to determine that the environment offers an opportunity to perform a physical health exercise if a change of an angle of view in the image data is less than a predefined threshold during a time interval. Soulos teaches wherein the processing circuitry is configured to determine that the environment offers an opportunity to perform a physical health exercise if a change of data is less than a predefined threshold during a time interval ([0025, 0037, 0048], sensor data determines that a user is sedentary resulting in less than an activity threshold during a time interval). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyeglasses of Geisner to have
wherein the processing circuitry is configured to determine that the environment offers an opportunity to perform a physical health exercise if a change of an angle of view in the image data is less than a predefined threshold during a time interval, such as taught by Soulos, for the purpose of encouraging a user that has been sedentary to increase their exercise. The modified eyeglasses would use using camera sensor data of Geisner instead of accelerometer sensor data to detect stillness of a user. Regarding claim 4, Geisner as modified by Soulos discloses the eyeglasses of claim 2, wherein the processing circuitry is configured to determine that the environment offers an opportunity to perform a physical health exercise if the processing circuitry determines from the image data that the user is standing still (Soulos, [0037], “standing still”). The motivation is the same as in claim 3.
Regarding claim 5, Geisner as modified by Soulos discloses the eyeglasses of claim 3, wherein the processing circuitry is configured to determine that the environment offers an opportunity to perform a physical health exercise if the processing circuitry determines from the image data that the user is moving to a predefined location (Soulos, [0047-0048], physical activity at bus stop location based on location and timing of bus schedule (see also [0109-0121])). The motivation is the same as in claim 3.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Geisner in view of Kodeswaran et al. (US 2017/0278034, hereinafter “Kodeswaran”, cited by Applicant).
Regarding claim 9, Geisner discloses the eyeglasses of claim 2, but does not explicitly disclose wherein the processing circuitry is configured to determine that the environment offers an opportunity to perform a physical health exercise if the processing circuitry determines from the image data that the environment provides, for the user, two or more alternative paths requiring different levels of physical activity for reaching a target location. Kodeswaran teaches wherein the processing circuitry is configured to determine that the environment offers an opportunity to perform a physical health exercise if the processing circuitry determines from the image data that the environment provides, for the user, two or more alternative paths requiring different levels of physical activity for reaching a target location (Fig. 1, [0023-0024, 0031, 0034-0037], head mounted display as eyeglasses uses camera to suggest different alternative fitness/activity paths to increase a user’s fitness in a manner chosen by the user to reach a target location such as a printer). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyeglasses of Geisner to have wherein the processing circuitry is configured to determine that the environment offers an opportunity to perform a physical health exercise if the processing circuitry determines from the image data that the environment provides, for the user, two or more alternative paths requiring different levels of physical activity for reaching a target location, such as taught by Kodeswaran, for the purpose of allowing a user to select a desired level of fitness based on alternative options for performing different tasks.
Regarding claim 10, Geisner as modified by Kodeswaran discloses the eyeglasses of claim 9, wherein the one or more graphical elements indicate that one or more of the alternative paths requiring the least physical activity are not available (Geisner, visual guides in step 610 provide graphical elements that indicate a suggested physical health exercise for the user which includes physical movement of the user; Kodeswaran, [0034-0037], teaches alternative paths of physical activity include no path availability at [0037] and step 106 where no action is taken). The motivation is the same as in claim 9.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Geisner in view of Hong (US 2022/0362631, cited by Applicant).
Regarding claim 13, Geisner discloses the eyeglasses of claim 1, but does not explicitly disclose wherein the processing circuitry is further configured to: determine whether the user should end the physical health exercise; and if it is determined that the user should end the physical health exercise, control the display to output one or more graphical elements indicating that the user should end the physical health exercise. Hong teaches wherein the processing circuitry is further configured to: determine whether the user should end the physical health exercise ([0133], Figs. 8 and 12, current rep counter 781 counts repetitions, e.g., 12 reps, until the total repetitions 720D is performed; or [0139], stopwatch for time duration to perform exercise, such as 30 seconds); and if it is determined that the user should end the physical health exercise, control the display to output one or more graphical elements indicating that the user should end the physical health exercise ([0133], Figs. 8 and 12, current rep counter 781 counts repetitions, e.g., 12 reps, until the total repetitions 720D is performed; or [0139], stopwatch for time duration to perform exercise, such as 30 seconds). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyeglasses of Geisner to have wherein the processing circuitry is further configured to: determine whether the user should end the physical health exercise; and if it is determined that the user should end the physical health exercise, control the display to output one or more graphical elements indicating that the user should end the physical health exercise, such as taught by Hong, for the purpose of controlling the amount and/or time of performing the exercises for the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH PATRICK FOX whose telephone number is (571) 270-3877. The examiner can normally be reached 9:00-5:30 EST.
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JOSEPH PATRICK FOX
Examiner
Art Unit 2622
/J.P.F/Examiner, Art Unit 2622 /PATRICK N EDOUARD/Supervisory Patent Examiner, Art Unit 2622
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