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 .
Election/Restrictions
Applicant’s election of Species of Figure 4 (Claims 1-5,13-24,26) in the reply filed on 06/11/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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.
Claim(s) 1-2,5,13-17,19-24,26 is/are rejected under 35 U.S.C. 103 as being unpatentable over TIAN (US 2017/0196451) in view of WANG et al (US 2024/0210677).
Regarding claim 1, TIAN discloses a measuring apparatus for measuring a user's line-of-sight direction (abstract), the measuring apparatus comprising: an illumination unit 20, 102 configured to emit light of a specific wavelength (paragraph 28); a photodetector 22, 104, 106, and configured to acquire light amount distribution information on reflected light of the light emitted by the illumination unit (paragraph 6-8, 12-13); one or more memories storing instructions (paragraph 49, 50); and one or more processors that, upon execution of the instructions, operate to calculate the line-of-sight direction based on the light amount distribution information, wherein the light amount distribution information includes information on a time taken from when the illumination unit emits the light to when the photodetector detects the reflected light or a distance corresponding to the time, and information on an intensity of the reflected light (paragraph 28-30, 34, 35, 46-48; As described above, the implementation of FIG. 2 includes two cameras (i.e., the TOF sensor 104 and the NIR camera 106). In some implementations, however, as shown in FIG. 6, a single TOF camera 104 is used to provide an intensity image as well as the depth information. In this case, the resolution of the TOF camera 104 should be high enough such that its intensity image can be used instead of an image from the NIR camera 106 of FIG. 2). Although TIAN discloses a plurality of photoelectric converter, TIAN does not expressly disclose two-dimensionally arranged photoelectric converter. WANG discloses having a plurality of two-dimensionally arranged photoelectric converter (abstract; paragraph 19). Therefore, it would have been obvious to a person of ordinary skill in the art to modify TIAN to include the teachings of WANG, since WANG states that such a modification the use of SPAD arrays are well known and conventional in the art and would provide acquisition of illuminated images using sensor technology that allows gaze tracking. Furthermore, as both inventios are analogous, such a modification would provide additional image determination based on those taught by WANG.
Regarding claim 2, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. TIAN further discloses wherein the one or more processors operate to: store the light amount distribution information, determine, based on the light amount distribution information, whether the reflected light is first reflected light from a cornea of the user or second reflected light that is unnecessary, and calculate the line-of-sight direction based on the first reflected light (paragraph 9-13, The apparatus includes a depth sensor operable to detect optical signals reflected from the subject's face in response to the illumination, and an image sensor operable to acquire an intensity image based on optical signals reflected from the subject's face in response to the illumination. The apparatus also includes one or more processors configured to generate a depth map based on the optical signals detected by the depth sensor, determine, based on a portion of the depth map corresponding to the subject's eye).
Regarding claim 5, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. TIAN further discloses wherein the illumination unit includes a plurality of light sources (Figure 6A, 6B; paragraph 39).
Regarding claim 13, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. TIAN further discloses wherein the one or more processors operate to control an emission timing of the illumination unit and a detection timing of the photodetector (paragraph 30, 48).
Regarding claim 14, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. The combination of TIAN and WANG further discloses further comprising a counter configured to count light incident on each of the plurality of photoelectric converters (TIAN – paragraph 44-46; WANG – paragraph 40, 42; memory used during detection of light).
Regarding claim 15, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. However, the combination of TIAN and WANG does not expressly disclose wherein the following inequality is satisfied:600 <X< 1500 where 2.(urn) is a central wavelength of the specific wavelength. 600 <X< 1500 where 2.(urn) is a central wavelength of the specific wavelength. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide such a wavelength, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)
Regarding claim 16, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. TIAN further discloses wherein the one or more processors operate to: calculate a corneal sphere center position based on the light amount distribution information, and calculate the line-of-sight direction based on the corneal sphere center position (paragraph 34).
Regarding claim 17, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. TIAN further discloses wherein the one or more processors operate to: calculate a pupil center position based on the light amount distribution information, and calculate the line-of-sight direction based on the pupil center position (paragraph 34).
Regarding claim 19, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. The combination of TIAN and WANG further discloses wherein each of the plurality of photoelectric converters is an avalanche diode (WANG - abstract; paragraph 19).
Regarding claim 20, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. TIAN further discloses wherein an operation of emission start of the illumination unit and an operation of light detection start of the photodetector are each performed a plurality of times with a fixed duration from the emission start to the light detection start (paragraph 30, 48).
Regarding claim 21, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. The combination of TIAN and WANG further discloses wherein the measuring apparatus is provided in a HMD (WANG – Figure 2).
Regarding claim 22, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. The combination of TIAN and WANG does not expressly disclose wherein the measuring apparatus is provided in a fundus camera. The Examiner takes Official Notice that the use of gaze tracking devices are well known and conventional in the art and implementing such devices within a fundus camera would be a design choice and obvious to one of ordinary skill. Furthermore, the use of fundus cameras in ophthalmologic examinations are standard (see paragraph 113 of Applicant’s disclosure).
Regarding claim 23, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. The combination of TIAN and WANG wherein the measuring apparatus is provided in a movable unit (TIAN paragraph 9-11; WANG – Figure 2; measuring apparatus would be capable of moving).
Regarding claim 24, TIAN discloses a measuring method for measuring a user's line-of-sight direction (abstract), the measuring method comprising: emitting light of a specific wavelength using an illumination unit (paragraph 28); acquiring light amount distribution information on reflected light of the light emitted by the illumination unit, using a photodetector (paragraph 6-8, 12-13); and calculating the line-of-sight direction based on the light amount distribution information, wherein the light amount distribution information includes information on a time taken from when the illumination unit emits the light to when the photodetector detects the reflected light or a distance corresponding to the time, and information on an intensity of the reflected light. emitting light of a specific wavelength using an illumination unit; acquiring light amount distribution information on reflected light of the light emitted by the illumination unit, using a photodetector having a plurality of two-dimensionally arranged photoelectric converters (paragraph 28-30, 34, 35, 46-48); and calculating the line-of-sight direction based on the light amount distribution information, wherein the light amount distribution information includes information on a time taken from when the illumination unit emits the light to when the photodetector detects the reflected light or a distance corresponding to the time, and information on an intensity of the reflected light (paragraph 28-30, 34, 35, 46-48). Although TIAN discloses a plurality of photoelectric converter, TIAN does not expressly disclose two-dimensionally arranged photoelectric converter. WANG discloses having a plurality of two-dimensionally arranged photoelectric converter (abstract; paragraph 19). Therefore, it would have been obvious to a person of ordinary skill in the art to modify TIAN to include the teachings of WANG, since WANG states that such a modification the use of SPAD arrays are well known and conventional in the art and would provide acquisition of illuminated images using sensor technology that allows gaze tracking. Furthermore, as both inventios are analogous, such a modification would provide additional image determination based on those taught by WANG.
Regarding claim 26, TIAN discloses a non-transitory computer-readable storage medium storing a program that causes a computer to execute the measuring method according to claim 24 (see rejections of claim 24).
Claim(s) 3 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over TIAN (US 2017/0196451) in view of WANG et al (US 2024/0210677) and further in view of HALL (US 2020/0090355).
Regarding claim 3, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. Although TIAN discloses using time and distance to determine depth, the combination of TIAN and WANG does not expressly disclose wherein the one or more processors operate to determine that the reflected light is the second reflected light in a case where the time or the distance is smaller than a first threshold value. In a similar field of endeavor, HALL discloses determine that the reflected light is the second reflected light in a case where the time or the distance is smaller than a first threshold value (paragraph 43, 68). Therefore, it would have been obvious to a person of ordinary skill in the art to modify the combination of TIAN and WANG to include the teachings of HALL, since HALL states that such a modification would allow determination of radial distance from a device. Furthermore, as both inventions are analogous, such a modification would provide additional distance algorithms based on those disclosed by HALL.
Regarding claim 18, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. Although TIAN discloses wherein the light emitted by the illumination unit is intermittent light, the combination of TIAN and WANG does not expressly disclose wherein the light emitted by the illumination unit is pulsed light. In a similar field of endeavor, HALL discloses wherein the light emitted by the illumination unit is pulsed light (abstract). Therefore, it would have been obvious to a person of ordinary skill in the art to modify the combination of TIAN and WANG to include the teachings of HALL, since HALL states that such a modification would allow determination of radial distance from a device. Furthermore, as both inventions are analogous, such a modification would provide additional distance algorithms based on those disclosed by HALL.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over TIAN (US 2017/0196451) in view of WANG et al (US 2024/0210677) and further in view of SIMPKINS (US 2006/0109242).
Regarding claim 4, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. TIAN further discloses intensity map for determining eye location, however, the combination of TIAN and WANG does not expressly disclose determine that the reflected light is the second reflected light when the intensity is smaller than a second threshold value. In a similar field of endeavor, SIMPKINS discloses determine that the reflected light is the second reflected light when the intensity is smaller than a second threshold value (Figure 13, 14; paragraph 114). Therefore, it would have been obvious to a person of ordinary skill in the art to modify the combination of TIAN and WANG to include the teachings of SIMPKINS, since SIMPKINS states that such a modification would allow differentiation of reflected light from the eye, pupil, and facial regions. Furthermore, as both inventions are analogous, such a modification would provide additional eye determination algorithms based on those disclosed by SIMPKINS.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIEL A BALAOING whose telephone number is (571)272-7317. The examiner can normally be reached 8AM-4AM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Eason can be reached at (571) 270-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARIEL A BALAOING/ Primary Examiner, Art Unit 2624
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