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 .
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,413,840. Although the claims at issue are not identical, they are not patentably distinct from each other because this instant application is broader in claim scope than the patent above.
Claim Objections
Claim 1 is objected to because of the following informalities: Please correct the grammar between the wording of “structure and electronic” in claim 1 as claim 1 states in part “wherein the first component and the second component form a single monolithic unitary structure electronic components configured to…..”. Appropriate correction is required.
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.
Claim 9 is 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. Claim 9 states in part “a power unit/interface”. It is unclear what is meant by “unit/interface”. Please clarify.
Claim 11 recites the limitation "the electronic components". There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-7 and 9-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kassner et al. (herein after will be referred to as Kassner) (US 20220342224) in view of Tzvieli et al. (herein after will be referred to as Tzvieli) (US 20180103903).
Regarding claim 1, Kassner discloses
An eye tracking kit configured to be fastened and unfastened to and from a pair of eye glasses, thus creating an eye tracking device, said kit comprising: [See Kassner [Figs. 2A-2B and/or 5A-5B] Attaching eye tracking module (100) to glasses.]
a first component comprising a U-shaped portion, the U-shaped portion compatible with a second U-shaped portion of the nose bridge of the eye glasses, [See Kassner [Figs. 2A-2B and/or 5A-5B]
said first component housing at least one left eye camera and one right eye camera, said eye cameras being arranged in the U-shaped portion to detect, in a plurality of images, pupil positions of a user, the U-shaped portion being placed facing inwardly with respect to the eye-glasses, [See Kassner [Figs. 2A-2B and 0123] Module housing for left eye camera and right eye camera.]
said U-shaped portion further comprising two arms laying down an inner side face of nose pads of the eye glasses when the eye tracking kit is fastened to the eye glasses; [See Kassner [Figs. 5A-5C]]
wherein the first component and the second component form a single monolithic unitary structure [See Kassner [Figs. 1A-1D]] Bottom half corresponds to first component and upper half corresponds to second component.]
electronic components configured to connect the kit to a computer device and to send to said computer device eye movement information of the user wearing the eye glasses to which the eye tracking kit is fastened. [See Kassner [0115] Controller determines gaze related parameters of the user. Also, see 0098, sending the dataset to the electric connector. Also, see 0057, the electric connector provides connection between the eye tracking module and the head-wearable device and/or para. 0112, the electric connector is connected with a mobile computing device.]
Kassner does not explicitly disclose
a second component comprising a hanger, configured to stably fasten the kit to a nose bridge of the eye glasses or to a central portion of an upper frame of the eye glasses,
However, Tzvieli does disclose
a second component comprising a hanger, configured to stably fasten the kit to a nose bridge of the eye glasses or to a central portion of an upper frame of the eye glasses, [See Tzvieli [Figs. 15a-15b] Clip on device in the central portion of the eyeglasses. Second component corresponds to clasp (147).]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the device by Kassner to add the teachings of Tzvieli, in order to provide an alternative way of attaching the imaging device to the glasses.
Regarding claim 2, Kassner (modified by Tzvieli) disclose the limitations of claim 1. Furthermore, Kassner does not explicitly disclose
further comprising a third component having a third component frame, the third component comprising at least a field of view camera configured to detect in a plurality of images a field of view of the wearer.
However, Tzvieli does disclose
further comprising a third component having a third component frame, the third component comprising at least a field of view camera configured to detect in a plurality of images a field of view of the wearer. [See Tzvieli [Fig. 15a-b] Bottom frame (1st component) attaches to front of glasses, clip on (147) (2nd component), and the box (3rd component) holds the camera. Also, see 0051, outward facing camera attached to eyeglass using a clip-on mechanism.]
Applying the same motivation as applied in claim 1.
Regarding claim 3, Kassner (modified by Tzvieli) disclose the limitations of claim 2. Furthermore, Kassner does not explicitly disclose
wherein the first component, the second component, and the third component form the single monolithic unitary structure.
However, Tzvieli does disclose
wherein the first component, the second component, and the third component form the single monolithic unitary structure. [See Tzvieli [Fig. 15a-b] Clip on device comprises three components.]
Applying the same motivation as applied in claim 1.
Regarding claim 4, Kassner (modified by Tzvieli) disclose the limitations of claim 2. Furthermore, Kassner does not explicitly disclose
wherein the kit is configured so that the field of view camera in the third component is designed to detect the field of view of the user when in use.
However, Tzvieli does disclose
wherein the kit is configured so that the field of view camera in the third component is designed to detect the field of view of the user when in use. [See Tzvieli [Fig. 15a-b] Bottom frame (1st component) attaches to front of glasses, clip on (147) (2nd component), and the box (3rd component) holds the camera. Also, see 0051, outward facing camera attached to eyeglass using a clip-on mechanism.]
Applying the same motivation as applied in claim 1.
Regarding claim 5, Kassner (modified by Tzvieli) disclose the limitations of claim 1. Furthermore, Kassner does not explicitly disclose
wherein the hanger is configured to unfasten the eye tracking kit from the eye glasses.
However, Tzvieli does disclose
wherein the hanger is configured to unfasten the eye tracking kit from the eye glasses. [See Tzvieli [Figs. 15a-15b] Clip on device in the central portion of the eyeglasses. Second component corresponds to clasp (147).]
Applying the same motivation as applied in claim 1.
Regarding claim 6, Kassner (modified by Tzvieli) disclose the limitations of claim 1. Furthermore, Kassner discloses
wherein at least one of the left eye camera and the right eye camera comprises an objective lens. [See Kassner [0081-0082]. Inherent that a camera includes a lens for directing the light onto a sensor.]
Regarding claim 7, Kassner (modified by Tzvieli) disclose the limitations of claim 1. Furthermore, Kassner discloses
further comprising a left Infrared LED illuminator and a right Infrared LED illuminator. [See Kassner [0081-0082]]
Regarding claim 9, Kassner (modified by Tzvieli) disclose the limitations of claim 1. Furthermore, Kassner discloses
further comprising at least a data processing unit, a memory, a data interface, a power unit/interface. [See Kessner [0088-0089] Controller (inherent that a controller needs a memory). Electrical connector provides data (para. 0054) and power (para. 0055) and/or see 0109, a second electric connector for power supply and/or data exchange.]
Regarding claim 10, see examiners rejection for claim 1 which is analogous and applicable for the rejection of claim 10.
Regarding claim 11, see examiners rejection for claim 1 which is analogous and applicable for the rejection of claim 11.
Regarding claim 12, see examiners rejection for claim 7 which is analogous and applicable for the rejection of claim 12.
Regarding claim 13, see examiners rejection for claim 1 which is analogous and applicable for the rejection of claim 13.
Regarding claim 14, see examiners rejection for claim 1 which is analogous and applicable for the rejection of claim 14.
Regarding claim 15, see examiners rejection for claim 6 which is analogous and applicable for the rejection of claim 15.
Regarding claim 16, see examiners rejection for claim 7 which is analogous and applicable for the rejection of claim 16.
Regarding claim 17, see examiners rejection for claim 3 which is analogous and applicable for the rejection of claim 17.
Regarding claim 18, see examiners rejection for claim 4 which is analogous and applicable for the rejection of claim 18.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kassner (US 20220342224) in view of Tzvieli (US 20180103903) and in further view of Sugihara et al. (herein after will be referred to as Sugihara) (US 20100245757).
Regarding claim 8, Kassner (modified by Tzvieli) disclose the limitations of claim 1. Furthermore, Kassner does not explicitly disclose
wherein the hanger comprises a seat and a side wall, wherein the seat is configured to receive the nose bridge or the central portion of the upper frame of the glasses, and the side wall is configured to keep the nose bridge or the central portion of the upper frame of the glasses in place when in use.
However, Sugihara does disclose
wherein the hanger comprises a seat and a side wall, wherein the seat is configured to receive the nose bridge or the central portion of the upper frame of the glasses, and the side wall is configured to keep the nose bridge or the central portion of the upper frame of the glasses in place when in use. [See Sugihara [Fig. 1] Clamp (4) for attaching via the bottom.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the device by Kassner to add the teachings of Tzvieli, in order to provide an alternative way of attaching the imaging device to the glasses.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES T BOYLAN whose telephone number is (571)272-8242. The examiner can normally be reached Monday-Friday 7am-3pm.
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/JAMES T BOYLAN/Examiner, Art Unit 2486
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