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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/05/2025 is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1, 2, 5-7, 9-11, 14-16 and 18 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 6 and 11 of US. Patent No. 12,474,775. Claims 1, 2, 5-7 and 9 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 6 and 11 of US. Patent No. 12,050727. Claims 1, 2, 6 and 7 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 4 and 9 of US. Patent No. 11,675,432. Claims 1, 2, 5-7 and 9 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 2-3 and 8 of US. Patent No. 11,315,288. Although the conflicting claims are not identical, they are not patentably distinct from each other because the broader claim limitation of claims 1 of the current application is met by the narrower claim limitation of claims 1 of US. Patent No. 12,474,775; the broader claim limitation of claims 1 of the current application is met by the narrower claim limitation of claims 1 of US. Patent No. 12,050727; the broader claim limitation of claims 1 of the current application is met by the narrower claim limitation of claims 1 of US. Patent No. 11,675,432; and the broader claim limitation of claims 1 of the current application is met by the narrower claim limitation of claims 1 of US. Patent No. 11,315,288 as shown in the following tables and the discussion thereafter.
Current Application
US. Patent No. 12,474,775
1. A head-mounted system comprising:
one or more cameras configured to capture images of an eye of a user;
one or more light sources configured to illuminate the eye of the user to produce glints in the images of the eye that are captured by the one or more cameras; and
one or more processors operatively coupled to the one or more cameras and the one or more light sources, the one or more processors configured to:
receive an image of the eye from the one or more cameras;
determine a set of one or more detected glint locations including a glint location for each of one or more glints detected in the image;
in response to determining that a number of locations included in the set of one or more detected glint locations is less than a minimum value:
based at least partly on the set of one or more detected glint locations, determine a set of one or more estimated glint locations for the image, wherein the set of one or more estimated glint locations includes a glint location for each of one or more glints that is undetected in the image and predicted to be present; and
determine a pose of the eye of the user based at least in part on the set of one or more detected glint locations and the set of one or more estimated glint locations.
1. A head-mounted system comprising:
one or more cameras configured to capture images of an eye of a user;
a plurality of light sources configured to illuminate the eye of the user to produce glints in the images of the eye that are captured by the one or more cameras, wherein a total quantity of light sources included in the plurality of light sources is greater than or equal to a particular value; and
one or more processors operatively coupled to the one or more cameras, the one or more processors configured to:
receive an image of the eye from the one or more cameras;
identify a location in the image at which a center of a pupil of the eye is shown;
detect a set of one or more locations in the image at which one or more glints are shown, respectively;
determine whether a total quantity of locations included in the detected set of one or more glint locations is less than the particular value; and
in response to a determination that the total quantity of locations included in the detected set of one or more glint locations is less than the particular value:
apply the identified location of the center of the pupil and the detected set of one or more glint locations to a probabilistic statistical model to estimate a set of one or more glint locations for the image, the estimated set of one or more glint locations being different than the detected set of one or more glint locations; and
determine a pose of the eye of the user based at least in part on the detected set of one or more glint locations and the estimated set of one or more glint locations.
Claim 2 of the present application corresponds to claim 1 of US. Patent No. 12,474,775.
Claim 5 of the present application corresponds to claim 1 of US. Patent No. 12,474,775.
Claim 6 of the present application corresponds to claim 1 of US. Patent No. 12,474,775.
Claim 7 of the present application corresponds to claim 1 of US. Patent No. 12,474,775.
Claim 9 of the present application corresponds to claim 6 of US. Patent No. 12,474,775.
Current Application
US. Patent No. 12,474,775
10. A method performed by one or more processors of a head-mounted system, the method comprising:
receiving an image of an eye of a user, the image captured by one or more cameras of the head-mounted system;
determining a set of one or more detected glint locations including a glint location for each of one or more glints detected in the image;
in response to determining that a number of locations included in the set of one or more detected glint locations is less than a minimum value:
based at least partly on the set of one or more detected glint locations, determining a set of one or more estimated glint locations for the image, wherein the set of one or more estimated glint locations includes a glint location for each of one or more glints that is undetected in the image and predicted to be present; and
determining a pose of the eye of the user based at least in part on the set of one or more detected glint locations and the set of one or more estimated glint locations.
11. A method performed by one or more processors of a head-mounted system, the method comprising:
receiving an image of an eye of a user, the image captured by one or more cameras of the head-mounted system;
identifying a location in the image at which a center of a pupil of the eye is shown;
detecting a set of one or more locations in the image at which one or more glints are shown, respectively, wherein the one or more glints are produced by a plurality of light sources of the head-mounted system that are configured to illuminate the eye, wherein a total quantity of light sources included in the plurality of light sources is greater than or equal to a particular value;
determining whether a total quantity of locations included in the detected set of one or more glint locations is less than the particular value; and
in response to a determination that the total quantity of locations included in the detected set of one or more glint locations is less than the particular value:
applying the identified location of the center of the pupil and the detected set of one or more glint locations to a probabilistic statistical model to estimate a set of one or more glint locations for the image, the estimated set of one or more glint locations being different than the detected set of one or more glint locations; and
determining a pose of the eye of the user based at least in part on the detected set of one or more glint locations and the estimated set of one or more glint locations.
Claim 11 of the present application corresponds to claim 11 of US. Patent No. 12,474,775.
Claim 14 of the present application corresponds to claim 11 of US. Patent No. 12,474,775.
Claim 15 of the present application corresponds to claim 11 of US. Patent No. 12,474,775.
Claim 16 of the present application corresponds to claim 11 of US. Patent No. 12,474,775.
Current Application
US. Patent No. 12,474,775
18. One or more non-transitory computer-readable storage media storing instructions that, when executed by one or more processors of a head-mounted system, instruct the one or more processors to perform operations comprising:
receiving an image of an eye of a user, the image captured by one or more cameras of the head-mounted system;
determining a set of one or more detected glint locations including a glint location for each of one or more glints detected in the image;
in response to determining that a number of locations included in the set of one or more detected glint locations is less than a minimum value:
based at least partly on the set of one or more detected glint locations, determining a set of one or more estimated glint locations for the image, wherein the set of one or more estimated glint locations includes a glint location for each of one or more glints that is undetected in the image and predicted to be present; and
determining a pose of the eye of the user based at least in part on the set of one or more detected glint locations and the set of one or more estimated glint locations.
1. A head-mounted system comprising:
one or more cameras configured to capture images of an eye of a user;
a plurality of light sources configured to illuminate the eye of the user to produce glints in the images of the eye that are captured by the one or more cameras, wherein a total quantity of light sources included in the plurality of light sources is greater than or equal to a particular value; and
one or more processors operatively coupled to the one or more cameras, the one or more processors configured to:
receive an image of the eye from the one or more cameras;
identify a location in the image at which a center of a pupil of the eye is shown;
detect a set of one or more locations in the image at which one or more glints are shown, respectively;
determine whether a total quantity of locations included in the detected set of one or more glint locations is less than the particular value; and
in response to a determination that the total quantity of locations included in the detected set of one or more glint locations is less than the particular value:
apply the identified location of the center of the pupil and the detected set of one or more glint locations to a probabilistic statistical model to estimate a set of one or more glint locations for the image, the estimated set of one or more glint locations being different than the detected set of one or more glint locations; and
determine a pose of the eye of the user based at least in part on the detected set of one or more glint locations and the estimated set of one or more glint locations.
The primary difference between claim 18 of the current application and the above US Patent pertains to the recitation of “one or more non-transitory computer-readable storage media storing instructions that, when executed by one or more processors of a head-mounted system” in the current application. It is well known to one with ordinary skill in the art before the effective filing date of the invention that a head-mounted system comprises one or more processor(s) and one or more memory in order to operate the head-mounted system functionally.
Current Application
US. Patent No. 12,050,727
1. A head-mounted system comprising:
one or more cameras configured to capture images of an eye of a user;
one or more light sources configured to illuminate the eye of the user to produce glints in the images of the eye that are captured by the one or more cameras; and
one or more processors operatively coupled to the one or more cameras and the one or more light sources, the one or more processors configured to:
receive an image of the eye from the one or more cameras;
determine a set of one or more detected glint locations including a glint location for each of one or more glints detected in the image;
in response to determining that a number of locations included in the set of one or more detected glint locations is less than a minimum value:
based at least partly on the set of one or more detected glint locations, determine a set of one or more estimated glint locations for the image, wherein the set of one or more estimated glint locations includes a glint location for each of one or more glints that is undetected in the image and predicted to be present; and
determine a pose of the eye of the user based at least in part on the set of one or more detected glint locations and the set of one or more estimated glint locations.
1. (Original) A method for determining a pose of an eye of a user of a head-mounted system, the method comprising:
receiving one or more images of the eye of the user, the one or more images captured by one or more cameras of the head-mounted system;
detecting one or more glints captured in the one or more images, wherein the one or more glints are produced through an illumination of the eye by one or more light sources of the head-mounted system;
determining respective locations associated with the one or more detected glints;
determining whether a total quantity of glints included in the one or more detected glints is less than an expected number of glints;
in response to a determination that the total quantity of glints in the one or more detected glints is less than an expected number of glints:
estimating one or more locations for one or more respective glints different than the one or more detected glints, the estimated one or more glint locations being different from the locations associated with the detected one or more glints; and
determining the pose of the eye of the user based at least in part on the locations associated with the one or more detected glints and the estimated one or more glint locations.
Claim 2 of the present application corresponds to claim 1 of US. Patent No. 12,050727.
Claim 5 of the present application corresponds to claim 17 of US. Patent No. 12,050727.
Claim 6 of the present application corresponds to claim 4 of US. Patent No. 12,050727.
Claim 7 of the present application corresponds to claim 5 of US. Patent No. 12,050727.
Claim 9 of the present application corresponds to claim 19 of US. Patent No. 12,050727.
Current Application
US. Patent No. 11,675,432
1. A head-mounted system comprising:
one or more cameras configured to capture images of an eye of a user;
one or more light sources configured to illuminate the eye of the user to produce glints in the images of the eye that are captured by the one or more cameras; and
one or more processors operatively coupled to the one or more cameras and the one or more light sources, the one or more processors configured to:
receive an image of the eye from the one or more cameras;
determine a set of one or more detected glint locations including a glint location for each of one or more glints detected in the image;
in response to determining that a number of locations included in the set of one or more detected glint locations is less than a minimum value:
based at least partly on the set of one or more detected glint locations, determine a set of one or more estimated glint locations for the image, wherein the set of one or more estimated glint locations includes a glint location for each of one or more glints that is undetected in the image and predicted to be present; and
determine a pose of the eye of the user based at least in part on the set of one or more detected glint locations and the set of one or more estimated glint locations.
1. A head-mounted system comprising:
one or more cameras configured to capture images of an eye of a user;
one or more light sources configured to illuminate the eye of the user in a manner so as to produce a plurality of glints in images of the eye of the user captured by the one or more cameras; and
one or more processors operatively coupled to the one or more cameras, the one or more processors configured to:
receive one or more images of the eye of the user from the one or more cameras;
detect one or more glints and determine respective locations associated with said one or more detected glints;
determine whether a total quantity of glints included in the one or more detected glints is less than an expected number of glints;
in response to a determination that the total quantity of glints in the one or more detected glints is less than the expected number of glints:
estimate one or more locations for one or more respective glints different than said one or more detected glints, the estimated one or more glint locations being different from the locations associated with the detected one or more glints; and
determine a pose of the eye of the user based at least in part on the locations associated with said one or more detected glints and the estimated one or more glint locations.
Claim 2 of the present application corresponds to claim 1 of US. Patent No. 11,675,432.
Claim 6 of the present application corresponds to claim 4 of US. Patent No. 11,675,432.
Claim 7 of the present application corresponds to claim 9 of US. Patent No. 11,675,432.
Current Application
US. Patent No. 11,315,288
1. A head-mounted system comprising:
one or more cameras configured to capture images of an eye of a user;
one or more light sources configured to illuminate the eye of the user to produce glints in the images of the eye that are captured by the one or more cameras; and
one or more processors operatively coupled to the one or more cameras and the one or more light sources, the one or more processors configured to:
receive an image of the eye from the one or more cameras;
determine a set of one or more detected glint locations including a glint location for each of one or more glints detected in the image;
in response to determining that a number of locations included in the set of one or more detected glint locations is less than a minimum value:
based at least partly on the set of one or more detected glint locations, determine a set of one or more estimated glint locations for the image, wherein the set of one or more estimated glint locations includes a glint location for each of one or more glints that is undetected in the image and predicted to be present; and
determine a pose of the eye of the user based at least in part on the set of one or more detected glint locations and the set of one or more estimated glint locations.
1. A head-mounted system comprising:
one or more cameras configured to capture images of an eye of a user;
a plurality of light sources configured to illuminate the eye of the user in a manner so as to produce glints in images of the eye of the user captured by the one or more cameras, wherein a total quantity of light sources included in the plurality of light sources is greater than or equal to a particular value; and
one or more processors operatively coupled to the one or more cameras, the one or more processors configured to:
receive an image of the eye of the user from the one or more cameras;
detect a set of one or more locations in the image of the eye of the user at which one or more glints are shown, respectively;
determine whether a total quantity of locations included in the detected set of one or more glint locations is less than the particular value;
in response to a determination that the total quantity of locations included in the detected set of one or more glint locations is less than the particular value:
apply the detected set of one or more glint locations to a probabilistic statistical model to estimate a set of one or more locations in the image of the eye of the user at which one or more glints are shown, respectively, the estimated set of one or more glint locations being different from the detected set of one or more glint locations; and
determine a pose of the eye of the user based at least in part on the detected set of one or more glint locations and the estimated set of one or more glint locations.
Claim 2 of the present application corresponds to claim 1 of US. Patent No. 11,315,288.
Claim 5 of the present application corresponds to claim 1 of US. Patent No. 11,315,288.
Claim 6 of the present application corresponds to claim 2 of US. Patent No. 11,315,288.
Claim 7 of the present application corresponds to claim 3 of US. Patent No. 11,315,288.
Claim 9 of the present application corresponds to claim 8 of US. Patent No. 11,315,288.
Allowable Subject Matter
Claims 3-4, 8, 12-13 and 17 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.
Claims 1, 2, 5-7, 9-11, 14-16 and 18 would be allowable if a Terminal Disclaimer is filed to overcome the Double Patenting rejections(s) set forth in this Office Action.
The following is an examiner’s statement of reasons for allowance:
None of the prior art, made of record, singularly or in combination, teaches or fairly suggests the features presented in the combined limitations of independent claims 1, 10 and 18, specifically the limitation stated as “in response to determining that a number of locations included in the set of one or more detected glint locations is less than a minimum value: based at least partly on the set of one or more detected glint locations, determine a set of one or more estimated glint locations for the image, wherein the set of one or more estimated glint locations includes a glint location for each of one or more glints that is undetected in the image and predicted to be present; and determine a pose of the eye of the user based at least in part on the set of one or more detected glint locations and the set of one or more estimated glint locations” of claims 1, 10 and 18. The dependent claims 2, 5-7, 9, 11 an 14-16 are allowed for at least the same reason indicated above.
Lewis (US. Pub. No. 2013/0050642) is considered the closest prior art. Lewis discloses a head-mounted system comprising: one or more cameras configured to capture images of an eye of a user; one or more light sources configured to illuminate the eye of the user in a manner so as to produce a plurality of glints in images of the eye of the user captured by the one or more cameras; and one ore more processors to receive one or more images of the eye of the user from the one or more cameras; detect one or more glints and determine respective locations associated with said one or more detected glints; however, Lewis fails to disclose in response to determining that a number of locations included in the set of one or more detected glint locations is less than a minimum value: based at least partly on the set of one or more detected glint locations, determine a set of one or more estimated glint locations for the image, wherein the set of one or more estimated glint locations includes a glint location for each of one or more glints that is undetected in the image and predicted to be present; and determine a pose of the eye of the user based at least in part on the set of one or more detected glint locations and the set of one or more estimated glint locations required for claims 1, 10 and 18.
Klingstrom (US. Pub. No. 2019/0108383) discloses one or more cameras configured to capture images of an eye of a user; one or more light sources configured to illuminate the eye of the user in a manner so as to produce a plurality of glints in images of the eye of the user captured by the one or more cameras; and one or more processors to receive one or more images of the eye of the user from the one or more cameras; detect one or more glints and determine respective locations associated with said one or more detected glints; however, Klingstrom fails to disclose in response to determining that a number of locations included in the set of one or more detected glint locations is less than a minimum value: based at least partly on the set of one or more detected glint locations, determine a set of one or more estimated glint locations for the image, wherein the set of one or more estimated glint locations includes a glint location for each of one or more glints that is undetected in the image and predicted to be present; and determine a pose of the eye of the user based at least in part on the set of one or more detected glint locations and the set of one or more estimated glint locations required for claims 1, 10 and 18.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US. Pub. No. 2019/0042842 (Cavin et al.) is considered as pertinent art as seen in figure 2.
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/NAN-YING YANG/Primary Examiner, Art Unit 2629
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