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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sharm, US PGPUB 20230134442 in view of Mangiat et al., US PGPUB 20250080944 hereinafter referenced as Mangiat.
As to claim 1, Sharm discloses an eyewear device comprising: a display assembly including a waveguide (HMD 100, FIG. 1);
an eye-tracking device at least partially integrated into the display assembly (e.g., image sensor 218, fig. 2; wherein Image sensor 218 may be used to support eye tracking functions); and
circuitry that is: communicatively coupled to the eye-tracking device, and configured to track an eye of a user based at least in part on light detected by the eye-tracking device ([0036] Image sensor 218 may be used to support eye tracking functions of HMD 202 by receiving reflections 238 of non-visible light 240 (e.g., infrared, near-infrared, etc.) off of eye 204; wherein Image sensor 218 may be communicatively coupled to controller 118 as shown in fig. 1).
Sharma does not specifically disclose the display assembly configured to emit additional light used to generate graphical imagery for viewing by a user, wherein the waveguide of the display assembly directs the light toward the eye-tracking device and directs the additional light toward the eye of the user.
However, in the same endeavor, Mangiat discloses the display assembly configured to emit additional light used to generate graphical imagery for viewing by a user, wherein the waveguide of the display assembly directs the light toward the eye-tracking device and directs the additional light toward the eye of the user ([0177] the wearable display device of any one of aspects 1-9, wherein the display is configured to present a light field image to the wearer).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the disclosure of Sharma to further include Mangiat’s method of presenting a light field image to the wearer, in order to improve eye orientation determination with intention of activating desired function effectively.
As to claim 17, Sharm discloses an artificial-reality system comprising: an eyewear device comprising: a display assembly including a waveguide (HMD 100, FIG. 1);
an eye-tracking device at least partially integrated into the display assembly (e.g., image sensor 218, fig. 2; wherein Image sensor 218 may be used to support eye tracking functions); and
circuitry that is: coupled to the eye-tracking device and red to track an eye of a user based at least in part on light detected by the eye-tracking device ([0036] Image sensor 218 may be used to support eye tracking functions of HMD 202 by receiving reflections 238 of non-visible light 240 (e.g., infrared, near-infrared, etc.) off of eye 204; wherein Image sensor 218 may be communicatively coupled to controller 118 as shown in fig. 1);
a computing device communicatively coupled to the eyewear device ([0028] Controller 118 may include processing logic 120, wired and/or wireless data interface for sending and receiving data).
Sharma does not specifically disclose the display assembly configured to emit additional light used to generate graphical imagery for viewing by a user, wherein the waveguide of the display assembly directs the light toward the eye-tracking device and directs the additional light toward the eye of the user.
However, in the same endeavor, Mangiat discloses the display assembly configured to emit additional light used to generate graphical imagery for viewing by a user, wherein the waveguide of the display assembly directs the light toward the eye-tracking device and directs the additional light toward the eye of the user ([0177] the wearable display device of any one of aspects 1-9, wherein the display is configured to present a light field image to the wearer).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the disclosure of Sharma to further include Mangiat’s method of presenting a light field image to the wearer, in order to improve eye orientation determination with intention of activating desired function effectively.
As to claim 20, Sharm discloses a method comprising: configuring a display assembly to generate graphical imagery for viewing by a user, the display assembly including a waveguide (HMD 100, FIG. 1);
integrating, at least partially, an eye-tracking device into the display assembly (e.g., image sensor 218, fig. 2; wherein Image sensor 218 may be used to support eye tracking functions);
communicatively coupling circuitry to the eye-tracking device; and configuring the circuitry to track an eye of the user based at least in part on light detected by the eye-tracking device ([0036] Image sensor 218 may be used to support eye tracking functions of HMD 202 by receiving reflections 238 of non-visible light 240 (e.g., infrared, near-infrared, etc.) off of eye 204; wherein Image sensor 218 may be communicatively coupled to controller 118 as shown in fig. 1).
Sharma does not specifically disclose directing, using the waveguide, the light toward the eve-tracking device and additional light toward the eve of the user.
However, in the same endeavor, Mangiat discloses directing, using the waveguide, the light toward the eve-tracking device and additional light toward the eve of the user ([0177] the wearable display device of any one of aspects 1-9, wherein the display is configured to present a light field image to the wearer).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the disclosure of Sharma to further include Mangiat’s method of presenting a light field image to the wearer, in order to improve eye orientation determination with intention of activating desired function effectively.
As to claim 2, the combination of Sharma and Mangiat discloses the eyewear device of claim 1. The combination further discloses a waveguide incorporated in the display assembly and configured to: direct the graphical imagery toward the eye of the user; and direct the light toward the eye-tracking device (Sharma, e.g., waveguide 110A/110B, fig. 1).
As to claim 3, the combination of Sharma and Mangiat discloses the eyewear device of claim 2. The combination further discloses a display device configured to emit additional light used to form the graphical imagery, wherein the waveguide directs the light toward the eye-tracking device and directs the additional light toward the eye of the user (Sharma, [0026] Light sources 116 emit near infrared light (e.g., 750 nm-1.5 μm), according to an embodiment).
As to claim 4, the combination of Sharma and Mangiat discloses the eyewear device of claim 3. The combination further discloses the eye-tracking device is optically coupled to the waveguide via a first grating and the display device is optically coupled to the waveguide via a second grating (Sharma, [0044] In-coupling optical element 610 and out-coupling optical element 612 may be implemented as diffractive gratings and/or holographic optical elements).
As to claim 5, the combination of Sharma and Mangiat discloses the eyewear device of claim 4. The combination further discloses the waveguide is optically coupled to the eye of the user via a third grating such that the waveguide directs the light from the third grating to the first grating and directs the additional light from the second grating to the first grating (Sharma, [0044] HMD 602 includes diffractive optical elements that direct scene light 212 around image sensor 218).
As to claim 6, the combination of Sharma and Mangiat discloses the eyewear device of claim 5. The combination further discloses the first grating functions as an output for the light exiting the waveguide toward the eye-tracking device; the second grating functions as an input for the additional light entering the waveguide from the display device; and the third grating functions as an input for the light entering the waveguide from the eye of the user and as an output for the additional light exiting the waveguide toward the eye of the user (Sharma, as shown in fig. 1, light source 116 emits light towards eye direction and imaging system to detect the reflected light from the eye).
As to claim 7, the combination of Sharma and Mangiat discloses the eyewear device of claim 4. The combination further discloses the waveguide is optically coupled to the eye of the user via: a third grating through which the light enters from the eye of the user; and a fourth grating through which the additional light exits toward the eye of the user (Sharma, [0035] The optical path includes scene light 212: entrance into lens assembly 214 through entrance surface 226 (with an incident angle θi) to in-coupling optical element 222; redirection from in-coupling optical element 222 to intermediate optical element 234).
As to claim 8, the combination of Sharma and Mangiat discloses the eyewear device of claim 4. The combination further discloses the waveguide is optically coupled to the eye of the user via: a third grating through which a first portion of the light enters from the eye of the user; and a fourth grating through which a first portion of the light enters from the eye of the user (Sharma, [0035] The optical path includes scene light 212: entrance into lens assembly 214 through entrance surface 226 (with an incident angle θi) to in-coupling optical element 222; redirection from in-coupling optical element 222 to intermediate optical element 234).
As to claim 9, the combination of Sharma and Mangiat discloses the eyewear device of claim 2. The combination further discloses the eye-tracking device comprises: a first camera configured to image a retina of the user via the light directed by the waveguide; and a second camera configured to image a sclera of the eye or a pupil of the eye (Mangiat, [0060] n some embodiments, at least one camera may be utilized for each eye, to separately determine the pupil size and/or eye pose of each eye independently).
As to claim 10, the combination of Sharma and Mangiat discloses the eyewear device of claim 9. The combination further discloses the circuitry is further configured to perform stereo imaging of the eye of the user via the first camera and the second camera (Mangiat, [0060] thereby allowing the presentation of image information to each eye to be dynamically tailored to that eye).
As to claim 11, the combination of Sharma and Mangiat discloses the eyewear device of claim 9. The combination further discloses a frame dimensioned to be worn by the user, wherein: the display assembly comprises a lens that is coupled to the frame; the first camera is optically coupled to the waveguide; and the second camera is positioned along a perimeter of the lens or on the frame (Sharma, [0019] The lens assembly may include one, two, three, or more optical layers. The various components of the imaging system may be incorporated into one or more optical layers and frame of the HMD, according to various embodiments).
As to claim 12, the combination of Sharma and Mangiat discloses the eyewear device of claim 1. The combination further discloses the display assembly comprises a set of pixels that are positioned to project the graphical imagery to the eye of the user at a certain angle, wherein the eye-tracking device is positioned proximate to at least one of the pixels such that the light is detected at the certain angle (Sharma, [0035] The optical path includes scene light 212: entrance into lens assembly 214 through entrance surface 226 (with an incident angle θi) to in-coupling optical element 222).
As to claim 13, the combination of Sharma and Mangiat discloses the eyewear device of claim 12. The combination further discloses the set of pixels and the eye- tracking device are positioned along a single optical plane conjugate to the eye of the user (Sharma, [0040] For example, the optical layers of any of the lens assemblies of this disclosure may be disposed close to a display plane or focusing lens of a virtual reality (VR) HMD).
As to claim 14, the combination of Sharma and Mangiat discloses the eyewear device of claim 1. The combination further discloses the eye-tracking device comprises a light source that emits the light and a light sensor that detects the light (Sharma, light sources 116, fig. 1).
As to claim 15, the combination of Sharma and Mangiat discloses the eyewear device of claim 1. The combination further discloses the circuitry is further configured to predict a change in a gaze of the user based at least in part on: the graphical imagery projected to the eye of the user at a certain moment in time; and one or more movements made by the eye of the user around the certain moment in time (Sharma, [0030] HMD 202 includes an eyeward side 206 and a scene side 210. Eyeward side 206 is where an eyebox 208 is located and where eye 204 is located during use. Eyebox 208 is a two or three dimensional area in which eye 204 may move within).
As to claim 16, the combination of Sharma and Mangiat discloses the eyewear device of claim 1. The combination further discloses the display assembly comprises a scanning display that rasterizes additional light into the graphical imagery for viewing by a user (Sharma, [0039] Display layer 310 may include waveguide 110A (shown in FIG. 1) to direct display light generated by an electronic display to the eye of the user).
As to claim 18, the combination of Sharma and Mangiat discloses the artificial-reality system of claim 17. The combination further discloses a waveguide incorporated in the display assembly and configured to: direct the graphical imagery toward the eye of the user; and direct the light toward the eye-tracking device (Sharma, e.g., waveguide 110A/110B, fig. 1).
As to claim 19, the combination of Sharma and Mangiat discloses the artificial-reality system of claim 18. The combination further discloses a display device configured to emit additional light used to form the graphical imagery, wherein the waveguide directs the light toward the eye-tracking device and directs the additional light toward the eye of the user (Sharma, [0039] Display layer 310 may include waveguide 110A (shown in FIG. 1) to direct display light generated by an electronic display to the eye of the user).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
George-Svahn et al., US PGPUB 20140247232 discloses a computer system can be controlled with non-contact inputs, such as eye-tracking devices. A computer can enlarge a portion of a display adjacent a first gaze target in response to detecting a first action (e.g., pressing a touchpad). The computer can then allow a user to position a second gaze target in the enlarged portion (e.g., by looking at the desired location) and perform a second action in order to perform a computer function at that location. The enlarging can allow a user to identify a desired location for a computer function (e.g., selecting an icon) with greater precision.
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.
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/SAHLU OKEBATO/Primary Examiner, Art Unit 2625 5/22/2026
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