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 .
Response to Amendment
The applicant has amended their application as follows:
Amended: None
Cancelled: 1-4
Added: 5-16
Therefore, claims 5-16 are currently pending in the instant application.
Response to Arguments
Applicant's arguments filed 05/19/2026 have been fully considered but they are not persuasive. Specifically, the office has to respectfully disagree with an argument that Sudou does not disclose the limitations “when detecting an entering behavior in which the line-of-sight position moves from an outside of a first area, which is a line-of-sight detection area but is not a display area within the display, to an inside of the first area, displaying a predetermined menu in the first area”. The area surrounding the display is interpreted to be an area outside the first area. The eye-tracking system of Sudou would inherently detect eye movement from outside of the display panel into the display panel.
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 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 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(s) 1-13 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sudou et al. (US 2018/0032132 A1, hereinafter “Sudou”).
As to claim 5, Sudou discloses a method for displaying (Fig. 9) comprising the steps of:
acquiring an image of a user's eye (step S103; para. 0075);
detecting a line-of-sight position of the user on a display based on an analysis of the image of the user's eye (step S105; Para. 0075-0076);
controlling the display in accordance with the detected line-of-sight position (step S106; Fig. 4 element S3); and
when detecting an entering behavior in which the line-of-sight position moves from an outside of a first area (Fig. 4, S1 element Fa1; Para. 0075, the system would be able to detect gaze that would move from outside Fa1 to inside of Fa1), which is a line-of-sight detection area but is not a display area within the display (the area surrounding the display Fa1+Sa1+Fa2 is not a display area), to an inside of the first area (Fa1), displaying a predetermined menu in the first area (OB1; Para. 0075),
wherein the first area (Fa1) is included in a line-of-sight detection area (the area surrounding the display and display) in which the line of sight can be detected (; Para. 0075), and
wherein the first area (Fa1) is narrower than the line-of-sight detection area (Fa1+Sa1+Fa2).
As to claim 6, Sudou discloses the method according to claim 5, further comprising the step of:
in a case of detecting a staying behavior in which the line-of-sight position continues to stay outside the first area for a predetermined period of time prior to the entering behavior (Fig. 4 element S1), displaying the predetermined menu in the first area (Para. 0075, email notification is displayed before the gaze falls on Fa1)
As to claim 7, Sudou (Fig. 4) discloses the method according to claim 5, further comprising the step of:
displaying the menu (OB1) in a predetermined area including the line-of-sight position (P1) firstly detected within the first area (Fa1) in the entering behavior (Para. 0075).
As to claim 8, Sudoku (Fig. 4 discloses the method according to claim 5, further comprising the step of:
displaying the menu in a predetermined area within the first area (OB1, where Email icon is displayed).
As to claim 9, Sudou (Fig. 6) discloses the method according to claim 8, wherein
the menu comprises a plurality of menus (OB2, OB3), and
an area in which each of the menus is to be displayed is predetermined for each of the menus (Para. 0081).
As to claim 10, Sudou discloses a method for displaying (Fig. 9) comprising the steps of:
acquiring an image of a user's eye (step S103; para. 0075);
detecting a line-of-sight position of the user on a display based on an analysis of the image of the user's eye (step S105; Para. 0075-0076);
controlling the display in accordance with the detected line-of-sight position (step S106; Fig. 4 element S3); and
when detecting an entering behavior in which the line-of-sight position moves from an outside of a first area (Fig. 4, S1 element Fa1+Sa1+Fa2; Para. 0075, the system would be able to detect gaze that would move from outside Fa1 to inside of Fa1), which is a line-of-sight detection area but is not a display area within the display (the area surrounding the display Fa1+Sa1+Fa2 is not a display area), to an inside of the first area (Fa1), displaying a predetermined menu in the first area (OB1; Para. 0075), wherein the first area is divided in advance into a plurality of divided areas (Fa1, Sa1, Fa2) so that an outer periphery of the first area is divided into a plurality of areas (Fa1, Sa1, Fa2); and
displaying the menu in one of the divided areas (Fa1) which includes the line-of- sight position (P1) firstly detected in the first area in the entering behavior (Para. 0075-0076).
As to claim 11, Sudou (Fig. 6) discloses the method according to claim 10, wherein
the menu comprises a plurality of menus (B2, OB3), and for each of the menus,
each of the divided areas (Fa1, Fa2, Sa1) is set in advance so that corresponding one of the menus (OB2, OB3) is to be displayed therein (Fa1).
As to claim 12, Sudou (Fig. 4) discloses the method according to claim 5, further comprising the step of:
in a case of detecting a leaving behavior in which the line-of-sight position moves from the inside of the first area to the outside of the first area prior to the entering behavior (S5), displaying the predetermined menu in the first area (Fa1; Para. 0077, the menu email will continue to be displayed even if the gaze moves outside of the display).
As to claim 13, Sudou discloses a method for displaying (Fig. 9) comprising the steps of:
acquiring an image of a user's eye (step S103; para. 0075);
detecting a line-of-sight position of the user on a display based on an analysis of the image of the user's eye (step S105; Para. 0075-0076);
controlling the display in accordance with the detected line-of-sight position (step S106; Fig. 4 element S3); and
when detecting an entering behavior in which the line-of-sight position moves from an outside of a first area (Fig. 4, S1 element Fa1+Sa1+Fa2; Para. 0075, the system would be able to detect gaze that would move from outside Fa1 to inside of Fa1), which is a line-of-sight detection area but is not a display area within the display (the area surrounding the display Fa1+Sa1+Fa2 is not a display area), to an inside of the first area (Fa1), displaying a predetermined menu in the first area (OB1; Para. 0075),
wherein the first area is divided in advance into a plurality of divided areas (Fa1, Sa1, Fa2) so that an outer periphery of the first area is divided into a plurality of areas (Fa1, Sa1, Fa2); and
wherein the method further comprises the steps of:
defining, as an entering area (Fa1), one of the divided areas which includes the line-of-sight position firstly detected in the first area in the entering behavior (S2; P1 moving to Fa1); and
while the menu is being displayed, in a case of detecting a leaving behavior in which the line-of-sight position moves from the inside of the first area to the outside of the first area (when user looks outside the display), and also in a case where one of the divided areas (Sa1) which includes the line-of-sight position detected immediately before the line-of-sight position moves to the outside of the first area in the leaving behavior is different from the entering area, continuing to display the menu (email icon will continue to display in area Fa1, when user moves the gaze from Fa1 to Sa1 to outside the display).
As to claim 16, Sudou discloses the method according to claim 13, further comprising the steps of:
executing processing selected by a choice displayed on the menu (Fig. 7 element S34; Para. 0087); and
while the menu continues to be displayed (OB2, OB2), in a case of detecting a second entering behavior as a new entering behavior after the leaving behavior (Fig. 8), and also in a case where the entering area (Fa1) of the entering behavior is the same as the entering area of the second entering behavior, notifying that the choice on the menu includes the line-of-sight position (P1) detected in the second entering behavior has been selected (Para. 0092).
Allowable Subject Matter
Claims 14-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant‘s disclosure.
Wu et al. (US 2020/0050263 A1) discloses an eye-tracking system that displays a sub-menu (Fig. 0035).
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 BIPIN GYAWALI whose telephone number is (571)272-1597. The examiner can normally be reached M-F 9:00-5:30 PM.
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BIPIN GYAWALI
Primary Examiner
Art Unit 2625
/BIPIN GYAWALI/ Primary Examiner, Art Unit 2625
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