DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the response to this Office action, the Office respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Office in prosecuting this application.
The Office has cited particular figures, elements, paragraphs and/or columns and line numbers in the references as applied to the claims for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider each of the cited references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage disclosed by the Office.
Priority
2. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 06/06/2025 and 03/09/2026 is being considered by the Examiner.
Disposition of the Claims
4. The instant application was effectively filed on December 06, 2022, wherein claims 1-20 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 9 and 17, recites the phrase " display, based on identifying the gaze being adjacent to the external electronic device and based on the information, a screen for controlling the external electronic device " renders the claim indefinite as it contradicts with previously recited claim limitation which recites “obtain, using the camera, information with respect to a gaze toward a first portion of the display”. According to Applicants’ specification disclosure see i.e. Para. [0006]-[0007], and [0164] it is explicitly recites “The instructions may be configured to, when executed by the at least one processor, cause the wearable device to obtain information with respect to a gaze toward a portion of the display by using the camera. The instructions may be configured to, when executed by the at least one processor, cause the wearable device to display, in response to identifying the gaze adjacent to the external electronic device based on the information, a screen (e.g., the screen 150 of FIG. 1) for controlling the external electronic device”
which means that the information obtained via the camera is gaze information which is used to identify if the gaze is adjacent to the external electronic device. However, the claim presents displaying a screen for controlling the external electronic device based on two different clauses although they represent same information (gaze information). See MPEP § 2173.05(d).
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.
Claim(s) 1-3, 8-11 and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Myung et al. US PG-PUB 20220155861 A1 (hereinafter Myung).
Regarding claim 1, Myung teaches A wearable device (Fig. 4 and Para. [0057]; an electronic device 401 (e.g., the electronic device 101 of FIG. 1 or the electronic device 201 of FIG. 2); electronic devices is a wearable device as shown in Fig. 2) comprising: communication circuitry (Fig. 4; communication circuitry 490); a camera (Fig. 2 and Para. [0072]; eye-tracking sensor and Fig. 4 and Para. [0086]; sensor circuit 470); a display (Fig. 4; display 460); memory comprising one or more storage media storing instructions (Fig. 4 and Para. [0084; perform various operations of the electronic device 401 by executing one or more instructions stored in the memory 430); and at least one processor comprising processing circuitry (Fig. 4; processor 420), wherein the instructions, when executed by the at least one processor individually or collectively, cause the wearable device to: establish, using the communication circuitry, a communication link with an external electronic device viewable through the display (Fig. 4 and Para. [0045], [0084], [0088], [0090], [0105]-[0106]; the processor 420 may register an external electronic device based on a protocol specified using the communication circuit 490); obtain, using the camera, information with respect to a gaze toward a first portion of the display (Para. [0072] and [0086]; The first eye-tracking sensor 276-1 and the second eye-tracking sensor 276-2 may be, for example, cameras configured to acquire an image in a direction corresponding to the user's eyes. The first eye-tracking sensor 276-1 and the second eye-tracking sensor 276-2 may be configured to respectively acquire the user's right eye image and the user's left eye image. The electronic device 201 may be configured to detect the user's pupil using the first eye-tracking sensor 276-1 and the second eye-tracking sensor 276-2. The electronic device 201 may acquire the gaze of the user from the user's pupil image and provide the image based on the acquired gaze. For example, the electronic device 201 may display the image so that the image is positioned in the direction of the gaze of the user);
display, based on identifying the gaze being adjacent to the external electronic device and based on the information, a screen for controlling the external electronic device (see Fig’s. 8, 9 and para. [0094]-[0095], [0120]; the electronic device 401 may display information on the first external electronic device 411 within a field of view 810. For example, the electronic device 401 may display information on the first external electronic device 411 at a position adjacent to the first external electronic device 411 in the display area);
display, in the screen, a visual object associated with at least one function selected among a plurality of functions, based on a position of the gaze with respect to the external electronic device (Para. [0092], [0094]; The processor 420 may acquire an image corresponding to the user's field of view using the camera 480, and may identify an external electronic device corresponding to the gaze of the user or the gaze direction of the user from the acquired image. Para. [0120]; The electronic device 401 may display an audio output application icon 821, a phone application icon 822, and a video playback application icon 823 based on the application information received from the first external electronic device 411); and
transmit, to the external electronic device through the communication link, based on an input with respect to the visual object, a signal to control the at least one function (Para’s. [0090], [0096], [0098], [0106], [0109] and [0124]; the electronic device 401 may provide a service through the first external electronic device 411 based on a user input. For example, the electronic device 401 may receive a user input for selecting an audio output application the electronic device 401 may receive a user input for selecting an audio output application. The electronic device 401 may receive a user input based on a voice input of the user, an input for a button of the electronic device 401, or an input based on the gaze of the user (e.g., the gaze of the user to a specific application maintained for a specified time or longer). In response to receiving the user input, the electronic device 401 may control the first external electronic device 411 to output audio content of the electronic device 401 through the first external electronic device 411).
Regarding claim 2, Myung teaches The wearable device of claim 1, Myung teaches wherein the instructions, when executed by the at least one processor individually or collectively, cause the wearable device to display the screen at an area between the external electronic device viewable through the display and the position of the gaze (see Fig. 9 and Para. [0072]; the electronic device 201 may display the image so that the image is positioned in the direction of the gaze of the user).
Regarding claim 3, Myung teaches The wearable device of claim 1, Myung teaches wherein the instructions, when executed by the at least one processor individually or collectively, cause the wearable device to select, among areas connected to edges of a second portion of the display where the external electronic device is viewable, the at least one function among the plurality of functions based on an area including the position of the gaze (Para’s. [0090], [0096], [0098], [0106], [0109] and [0124]; an input based on the gaze of the user (e.g., the gaze of the user to a specific application maintained for a specified time or longer). In response to receiving the user input, the electronic device 401 may control the first external electronic device 411 to output audio content of the electronic device 401 through the first external electronic device 411).
Regarding claim 8, Myung teaches The wearable device of claim 1, Myung further teaches wherein the instructions, when executed by the at least one processor individually or collectively, cause the wearable device to, in a state identifying a plurality of external electronic devices including the external electronic device by using the communication circuitry, display another visual object to select one of the plurality of external electronic devices (See Fig. 9 and accompanying para’s).
Regarding claim 9, Myung teaches A method of a wearable device (Para. [0110]; method for selecting an external electronic device by the electronic device 401), the method comprising: establishing, using communication circuitry of the wearable device, a communication link with an external electronic device viewable through a display of the wearable device (Fig. 4 and Para. [0045], [0084], [0088], [0090], [0105]-[0106]; the processor 420 may register an external electronic device based on a protocol specified using the communication circuit 490); obtaining, using a camera of the wearable device, information with respect to a gaze toward a first portion of the display (Para. [0072] and [0086]; The first eye-tracking sensor 276-1 and the second eye-tracking sensor 276-2 may be, for example, cameras configured to acquire an image in a direction corresponding to the user's eyes. The first eye-tracking sensor 276-1 and the second eye-tracking sensor 276-2 may be configured to respectively acquire the user's right eye image and the user's left eye image. The electronic device 201 may be configured to detect the user's pupil using the first eye-tracking sensor 276-1 and the second eye-tracking sensor 276-2. The electronic device 201 may acquire the gaze of the user from the user's pupil image and provide the image based on the acquired gaze. For example, the electronic device 201 may display the image so that the image is positioned in the direction of the gaze of the user); displaying, based on identifying the gaze being adjacent to the external electronic device and based on the information with respect to the gaze toward the first portion of the display, a screen for controlling the external electronic device (see Fig’s. 8, 9 and para. [0094]-[0095], [0120]; the electronic device 401 may display information on the first external electronic device 411 within a field of view 810. For example, the electronic device 401 may display information on the first external electronic device 411 at a position adjacent to the first external electronic device 411 in the display area); displaying, in the screen, a visual object associated with at least one function selected among a plurality of functions based on a position of the gaze with respect to the external electronic device (Para. [0092], [0094]; The processor 420 may acquire an image corresponding to the user's field of view using the camera 480, and may identify an external electronic device corresponding to the gaze of the user or the gaze direction of the user from the acquired image. Para. [0120]; The electronic device 401 may display an audio output application icon 821, a phone application icon 822, and a video playback application icon 823 based on the application information received from the first external electronic device 411); and transmitting, to the external electronic device through the communication link, based on an input with respect to the visual object, a signal to control the at least one function (Para’s. [0090], [0096], [0098], [0106], [0109] and [0124]; the electronic device 401 may provide a service through the first external electronic device 411 based on a user input. For example, the electronic device 401 may receive a user input for selecting an audio output application the electronic device 401 may receive a user input for selecting an audio output application. The electronic device 401 may receive a user input based on a voice input of the user, an input for a button of the electronic device 401, or an input based on the gaze of the user (e.g., the gaze of the user to a specific application maintained for a specified time or longer). In response to receiving the user input, the electronic device 401 may control the first external electronic device 411 to output audio content of the electronic device 401 through the first external electronic device 411).
Regarding claim 10, Myung teaches The method of claim 9, Myung further teaches wherein the displaying the screen, comprises displaying the screen at an area between the external electronic device viewable through the display and the position of the gaze (see Fig. 9 and Para. [0072]; the electronic device 201 may display the image so that the image is positioned in the direction of the gaze of the user).
Regarding claim 11, Myung teaches The method of claim 9, Myung further teaches wherein the displaying the visual object, comprises selecting, among areas connected to edges of a second portion of the display where the external electronic device is viewable, the at least one function among the plurality of functions based on an area including the position of the gaze (Para’s. [0090], [0096], [0098], [0106], [0109] and [0124]; an input based on the gaze of the user (e.g., the gaze of the user to a specific application maintained for a specified time or longer). In response to receiving the user input, the electronic device 401 may control the first external electronic device 411 to output audio content of the electronic device 401 through the first external electronic device 411).
Regarding claim 16, Myung teaches The method of claim 9, Myung teaches further comprising, in a state identifying a plurality of external electronic devices including the external electronic device by using the communication circuitry, displaying another visual object to select one of the plurality of external electronic devices (See Fig. 9 and accompanying para’s).
Regarding claim 17, Myung teaches A non-transitory computer readable storage medium storing instructions (Para. [0060]; a processor (e.g., the processor 120) of the machine (e.g., the electronic device 101) may invoke at least one of the one or more instructions stored in the storage medium, and execute it, with or without using one or more other components under the control of the processor. This allows the machine to be operated to perform at least one function according to the at least one instruction invoked. The one or more instructions may include a code generated by a complier or a code executable by an interpreter. The machine-readable storage medium may be provided in the form of a non-transitory storage medium. Wherein, the “non-transitory” storage medium is a tangible device, and may not include a signal (e.g., an electromagnetic wave), but this term does not differentiate between where data is semi-permanently stored in the storage medium and where the data is temporarily stored in the storage medium), wherein the instructions (Fig. 4 and Para. [0084; perform various operations of the electronic device 401 by executing one or more instructions stored in the memory 430), when executed by a wearable device including communication circuitry (Fig. 4; communication circuitry 490), a camera (Fig. 2 and Para. [0072]; eye-tracking sensor and Fig. 4 and Para. [0086]; sensor circuit 470), and a display (Fig. 4; display 460), cause the wearable device to: establish, using the communication circuitry, a communication link with an external electronic device viewable through the display (Fig. 4 and Para. [0045], [0084], [0088], [0090], [0105]-[0106]; the processor 420 may register an external electronic device based on a protocol specified using the communication circuit 490); obtain, using the camera, information with respect to a gaze toward a first portion of the display (Para. [0072] and [0086]; The first eye-tracking sensor 276-1 and the second eye-tracking sensor 276-2 may be, for example, cameras configured to acquire an image in a direction corresponding to the user's eyes. The first eye-tracking sensor 276-1 and the second eye-tracking sensor 276-2 may be configured to respectively acquire the user's right eye image and the user's left eye image. The electronic device 201 may be configured to detect the user's pupil using the first eye-tracking sensor 276-1 and the second eye-tracking sensor 276-2. The electronic device 201 may acquire the gaze of the user from the user's pupil image and provide the image based on the acquired gaze. For example, the electronic device 201 may display the image so that the image is positioned in the direction of the gaze of the user); display, based on identifying the gaze being adjacent to the external electronic device based on the information with respect to the gaze toward the first portion of the display, a screen for controlling the external electronic device (see Fig’s. 8, 9 and para. [0094]-[0095], [0120]; the electronic device 401 may display information on the first external electronic device 411 within a field of view 810. For example, the electronic device 401 may display information on the first external electronic device 411 at a position adjacent to the first external electronic device 411 in the display area); display, in the screen, a visual object associated with at least one function which is selected among a plurality of functions based on a position of the gaze with respect to the external electronic device (Para. [0092], [0094]; The processor 420 may acquire an image corresponding to the user's field of view using the camera 480, and may identify an external electronic device corresponding to the gaze of the user or the gaze direction of the user from the acquired image. Para. [0120]; The electronic device 401 may display an audio output application icon 821, a phone application icon 822, and a video playback application icon 823 based on the application information received from the first external electronic device 411); and transmit, to the external electronic device through the communication link, based on an input with respect to the visual object, a signal to control the at least one function (Para’s. [0090], [0096], [0098], [0106], [0109] and [0124]; the electronic device 401 may provide a service through the first external electronic device 411 based on a user input. For example, the electronic device 401 may receive a user input for selecting an audio output application the electronic device 401 may receive a user input for selecting an audio output application. The electronic device 401 may receive a user input based on a voice input of the user, an input for a button of the electronic device 401, or an input based on the gaze of the user (e.g., the gaze of the user to a specific application maintained for a specified time or longer). In response to receiving the user input, the electronic device 401 may control the first external electronic device 411 to output audio content of the electronic device 401 through the first external electronic device 411).
.
Regarding claim 18, Myung teaches The non-transitory computer readable storage medium of claim 17, Myung further teaches wherein the instructions, when executed by the wearable device, cause the wearable device to display the screen at an area between the external electronic device viewable through the display and the position of the gaze (see Fig. 9 and Para. [0072]; the electronic device 201 may display the image so that the image is positioned in the direction of the gaze of the user).
Regarding claim 19, Myung teaches The non-transitory computer readable storage medium of claim 17, Myung further teaches wherein the instructions, when executed by the wearable device, cause the wearable device to select, among areas connected to edges of a second portion of the display where the external electronic device is viewable, the at least one function among the plurality of functions based on an area including the position of the gaze (Para’s. [0090], [0096], [0098], [0106], [0109] and [0124]; an input based on the gaze of the user (e.g., the gaze of the user to a specific application maintained for a specified time or longer). In response to receiving the user input, the electronic device 401 may control the first external electronic device 411 to output audio content of the electronic device 401 through the first external electronic device 411).
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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.
Claims 5 and 13 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Myung in view of Klein et al. US PG-PUB 20200272231 A1 (hereinafter Klein).
Regarding claim 5, Myung teaches The wearable device of claim 1, although Myung teaches based on identifying the gaze “directed toward” the external electronic device, display another visual object to control a function (Para. [0124]; According to an embodiment, the electronic device 401 may provide a service through the first external electronic device 411 based on a user input. For example, the electronic device 401 may receive a user input for selecting an audio output application. The electronic device 401 may receive a user input based on a voice input of the user, an input for a button of the electronic device 401, or an input based on the gaze of the user (e.g., the gaze of the user to a specific application maintained for a specified time or longer). In response to receiving the user input, the electronic device 401 may control the first external electronic device 411 to output audio content of the electronic device 401 through the first external electronic device 411 and Para. [0120]-[0121]; The electronic device 401 may display an audio output application icon 821, a phone application icon 822, and a video playback application icon 823 based on the application information received from the first external electronic device 411).
Myung fails to explicitly disclose cause the wearable device to, based on identifying the gaze being adjacent to at least one button and to control a function mapped to the at least one button.
However, in the same field of gaze tracking, Klein teaches wearable device to, based on identifying gaze adjacent to at least one button and controlling a function mapped to the at least one button (Para. [0059] and [0140]; the sound may increase in volume, pitch, depth, or number of tones over time the longer the operator's gaze remains on the button, as an indication of progress. In some examples, the sound may decrease in volume, pitch, depth, or number of tones over time if the user's gaze moves away from the button prior to activation of the button, to confirm deactivation of the selection to the operator).
Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Myung with the teachings as taught by Klein, in order to enhance the system by providing a more efficient user-friendly device with a new way of interacting/communicating with computers Klein-(Para.0140).
Regarding claim 13, Myung teaches The method of claim 9, although Myung teaches based on identifying the gaze “directed toward” the external electronic device, display another visual object to control a function (Para. [0124]; According to an embodiment, the electronic device 401 may provide a service through the first external electronic device 411 based on a user input. For example, the electronic device 401 may receive a user input for selecting an audio output application. The electronic device 401 may receive a user input based on a voice input of the user, an input for a button of the electronic device 401, or an input based on the gaze of the user (e.g., the gaze of the user to a specific application maintained for a specified time or longer). In response to receiving the user input, the electronic device 401 may control the first external electronic device 411 to output audio content of the electronic device 401 through the first external electronic device 411 and Para. [0120]-[0121]; The electronic device 401 may display an audio output application icon 821, a phone application icon 822, and a video playback application icon 823 based on the application information received from the first external electronic device 411).
Myung fails to explicitly disclose cause the wearable device to, based on identifying the gaze being adjacent to at least one button and to control a function mapped to the at least one button.
However, in the same field of gaze tracking, Klein teaches wearable device to, based on identifying gaze adjacent to at least one button and controlling a function mapped to the at least one button (Para. [0059] and [0140]; the sound may increase in volume, pitch, depth, or number of tones over time the longer the operator's gaze remains on the button, as an indication of progress. In some examples, the sound may decrease in volume, pitch, depth, or number of tones over time if the user's gaze moves away from the button prior to activation of the button, to confirm deactivation of the selection to the operator).
Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teachings of Myung with the teachings as taught by Klein, in order to enhance the system by providing a more efficient user-friendly device with a new way of interacting/communicating with computers Klein-(Para.0140).
Allowable Subject Matter
Claims 4-7, 12, 14-15 and 20 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 as well as overcoming rejection under 35 U.S.C 112b rejection as detailed above.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ha et al. US PG-PUB 20220197394 A1: An electronic device may include a display, a communication circuit, at least one camera, a memory, and a processor operatively connected to the display, the communication circuit, the at least one camera, and the memory. The memory may store instructions that, when executed, cause the processor to provide an augmented reality (AR) environment or a virtual reality (VR) environment through the display, connect the electronic device and at least one external electronic device through the communication circuit, display the at least one external electronic device through the display, specify a first external electronic device among the displayed at least one external electronic device based on an input interface switching event, and control an operation of the electronic device in the augmented reality environment or the virtual reality environment using the specified first external electronic device. (See Fig.’s 7-12).
Kim et al. US PG-Pub 20220171455 A1: Methods and devices are provided in which a first screen is displayed on a first display of the first electronic device. An image of an eye of a user of the first electronic device is obtained. A first object in the first screen corresponding to a gaze direction of the user is identified based on the image of the eye of the user. An input interface is displayed on a second display of the second electronic device based on a type of the first object. A second screen that is different from the first screen is displayed on the first display of the first electronic device, based on a first input obtained through the input interface. (See Fig’s 10-12).
Spitzer US Patent 9,256,071 B1: Methods and apparatus for controlling one or more devices using a computing device, such as a wearable computing device, are disclosed. Using a sensor associated with a wearable computing device, one or more inputs are generated at the wearable computing device. As one example, the sensor can be an image capture device, and the inputs can be one or more images from a point of view of a person associated with the computing device. As another example, the sensor can be a motion sensor, and the input can be locations and/or orientations, and a gaze direction can be determined. The computing device can determine an object of interest based on the inputs. A control signal can be generated for the object of interest. The control signal can be transmitted from the computing device. (See Fig. 8).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY ONYEKABA whose telephone number is (571)270-7633. The examiner can normally be reached on 9-5.
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/AMY ONYEKABA/Primary Examiner, Art Unit 2628
Prosecution Insights