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 .
Double Patenting
2. 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).
3. 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).
4. 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.
5. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
6. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-10 of U.S. Patent No. 12,445,591. Although the conflicting claims are not identical, they are not patentably distinct from each other, because they are obvious variations of each other. It is noted; claims of the instant application are broader than the corresponding patented claims.
19/323677
US 12445591
1. Eyewear, comprising: a frame having a first side and a second side; a plurality of electronic components; a first system on a chip (SoC) adjacent the first side of the frame, the first SoC coupled to a first set of the plurality of electronic components; and a second SoC adjacent the second side, the second SoC coupled to the first SoC and to a second set of the plurality of electronic components, wherein the second set of the plurality of electronic components comprises a first computer vision (CV) camera and a second CV camera each configured to generate images, wherein the second SoC is configured as a sensor hub configured to perform all CV processing for the first and the second CV cameras.
1. Eyewear, comprising: a frame having a first side and a second side; a plurality of electronic components; a first system on a chip (SoC) adjacent the first side of the frame, the first SoC coupled to a first set of the plurality of electronic components; and a second SoC adjacent the second side, the second SoC coupled to the first SoC and to a second set of the plurality of electronic components, wherein the second set of the plurality of electronic components comprises a first computer vision (CV) camera and a second CV camera each configured to generate images; wherein the second SoC is configured as a sensor hub configured to perform all CV processing for the first and the second CV cameras …
2. The eyewear of claim 1, wherein none of the electronic components in the first set of the plurality of electronic components are in the second set of the plurality of electronic components.
2. The eyewear of claim 1, wherein none of the electronic components in the first set of the plurality of electronic components are in the second set of the plurality of electronic components.
3. The eyewear of claim 1, wherein second SoC is configured to perform machine learning (ML), and processing video encoding.
1. … wherein the second SoC is configured as a sensor hub configured to perform all CV processing for the first and the second CV cameras, machine learning (ML), and processing video encoding;
4. The eyewear of claim 1, wherein the first SoC is configured to run application logic, audio and video rendering functions.
1. … and wherein the first SoC is configured to run application logic, audio and video rendering functions,
5. The eyewear of claim 1, wherein the images generated by the CV cameras are prevented from being sent by the first SoC via wireless communication.
1. … where the images genera ted by the CV cameras of the second SoC are prevented from being sent by the wireless communications.
6. The eyewear of claim 1, wherein: the second set of the plurality of electronic components further comprises a first display and a second display.
3. The eyewear of claim 1, wherein: the second set of the plurality of electronic components further comprises a first display and a second display.
7. The eyewear of claim 1, wherein only the first SoC comprises an operating system (OS).
4. The eyewear of claim 1, wherein only the first SoC comprises an operating system (OS).
8. A method for use of eyewear including a frame having a first side and a second side and a plurality of electronic components, the method comprising: performing a first set of operations with a first system on a chip (SoC) positioned adjacent the first side of the frame, the first SoC coupled to and operating a first set of the plurality of electronic components; and performing a second set of operations with a second SoC positioned adjacent the second side of the frame, the second SoC coupled to and operating a second set of the plurality of electronic components, wherein the second set of the plurality of electronic components : comprises a first computer vision (CV) camera and a second CV camera each configured to generate images; the second SoC operating as a sensor hub performing all CV processing for the first and the second CV cameras.
5. A method for use of eyewear including a frame having a first side and a second side and a plurality of electronic components, the method comprising: performing a first set of operations with a first system on a chip (SoC) positioned adjacent the first side of the frame, the first SoC coupled to and operating a first set of the plurality of electronic components; and performing a second set of operations with a second SoC positioned adjacent the second side of the frame, the second SoC coupled to and operating a second set of the plurality of electronic components, wherein the second set of the plurality of electronic components comprises a first computer vision (CV) camera and a second CV camera each configured to generate images; the second SoC operating as a sensor hub performing all CV processing for the first and the second CV cameras, …
9. The method of claim 8, wherein none of the electronic components in the first set of the plurality of electronic components are in the second set of the plurality of electronic components.
6. The method of claim 5, wherein none of the electronic components in the first set of the plurality of electronic components are in the second set of the plurality of electronic components.
10. The method of claim 8, wherein second SoC performs machine learning (ML), and processing video encoding.
5. … the second SoC operating as a sensor hub performing all CV processing for the first and the second CV cameras, machine learning (ML), and processing video encoding;
11. The method of claim 8, wherein the first SoC runs application logic, audio and video rendering functions.
5. … and the first SoC running application logic, audio and all video rendering functions,
12. The method of claim 8, wherein the images generated by the CV cameras are prevented from being sent by the first SoC via wireless communication.
5. … where the images generated by the CV cameras of the second SoC are prevented from being sent by the wireless communications.
13. The method of claim 8, wherein: the second set of the plurality of electronic components further comprises a first display and a second display.
7. The method of claim 5, wherein: the second set of the plurality of electronic components further comprises a first display and a second display.
14. The method of claim 8, wherein only the first SoC comprises an operating system (OS).
8. The method of claim 5, wherein only the first SoC comprises an operating system (OS).
15. The method of claim 8, wherein: the second set of the plurality of electronic components further comprises a first display and a second display.
3. The eyewear of claim 1, wherein: the second set of the plurality of electronic components further comprises a first display and a second display.
16. The method of claim 8, wherein only the first SoC comprises an operating system (OS).
14. The method of claim 8, wherein only the first SoC comprises an operating system (OS).
17. A non-transitory computer readable medium including instructions for operating an eyewear device including a frame having a first side and a second side and a plurality of electronic components, the instructions when executed by the eyewear device configures the eyewear device to: perform a first set of operations with a first system on a chip (SoC) positioned adjacent the first side of the frame, the first SoC coupled to and operating a first set of the plurality of electronic components; and perform a second set of operations with a second SoC positioned adjacent the second side of the frame, the second SoC coupled to and operating a second set of the plurality of electronic components comprising a first computer vision (CV) camera and a second CV camera each configured to generate images; operate the second SoC as a sensor hub by performing all CV processing for the first and the second CV cameras.
9. A non-transitory computer readable medium including instructions for operating an eyewear device including a frame having a first side and a second side and a plurality of electronic components, the instructions when executed by the eyewear device configures the eyewear device to: perform a first set of operations with a first system on a chip (SoC) positioned adjacent the first side of the frame, the first SoC coupled to and operating a first set of the plurality of electronic components; and perform a second set of operations with a second SoC positioned adjacent the second side of the frame, the second SoC coupled to and operating a second set of the plurality of electronic components comprising a first computer vision (CV) camera and a second CV camera each configured to generate images; operate the second SoC as a sensor hub by performing all CV processing for the first and the second CV cameras, …
18. The non-transitory computer readable medium of claim 17, wherein the instructions when executed by the eyewear device further configures the eyewear device to: operate the second set of the plurality of electronic components further comprising a first display and a second display.
10. The non-transitory computer readable medium of claim 9, wherein the instructions when executed by the eyewear device further configures the eyewear device to: operate the second set of the plurality of electronic components further comprising a first display and a second display.
19. The non-transitory computer readable medium of claim 17, wherein none of the electronic components in the first set of the plurality of electronic components are in the second set of the plurality of electronic components.
2. …., wherein none of the electronic components in the first set of the plurality of electronic components are in the second set of the plurality of electronic components.
20. The non-transitory computer readable medium of claim 17, wherein second SoC performs machine learning (ML), and processing video encoding.
9. … operate the second SoC as a sensor hub by performing all CV processing for the first and the second CV cameras, machine learning (ML), and processing video encoding;
In view of the above, allowing claims 1-20 of the instant application would result in an
unjustified or improper time-wise extension of the "right to exclude" granted by a patent. See In re
Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Feb. Cir. 1993).
Claim Rejections - 35 USC § 102
7. 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.
8. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
9. Claims 1,8 and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ahn et al. (US 2023/0109476).
Regarding claim 1, Ahn discloses eyewear (e.g., figs. 1a-2b), comprising: a frame having a first side and a second side (e.g., fig. 2), a plurality of electronic components (e.g., figs. 2a-2b), a first system on a chip (SoC) adjacent the first side of the frame, the first SoC coupled to a first set of the plurality of electronic components (e.g., fig. 6, Soc. 602a), and a second SoC adjacent the second side, the second SoC coupled to the first SoC and to a second set of the plurality of electronic components (e.g., fig. 6, Soc. 602b), wherein the second set of the plurality of electronic components comprises a first computer vision (CV) camera and a second CV camera each configured to generate images (e.g., figs. 4 and 6, paragraphs 0076,0095,0107,0111), wherein the second SoC is configured as a sensor hub configured to perform all CV processing for the first and the second CV cameras (e.g., fig. 6, paragraph 0111).
Regarding claims 8 and 17, the limitations recited in the claims are substantially similar to those of claim 1 above; and have been addressed in the above claim 1.
10. Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Feinman (US 2023/0108121).
Regarding claim 1, Feinman discloses eyewear (e.g., figs. 1a-2b and 6), comprising: a frame having a first side and a second side (e.g., fig. 6), a plurality of electronic components (e.g., figs. 2a-2b and 6), a first system on a chip (SoC) adjacent the first side of the frame, the first SoC coupled to a first set of the plurality of electronic components (e.g., fig. 6, Soc. 602a), and a second SoC adjacent the second side, the second SoC coupled to the first SoC and to a second set of the plurality of electronic components (e.g., fig. 6, Soc. 602b), wherein the second set of the plurality of electronic components comprises a first computer vision (CV) camera and a second CV camera each configured to generate images (e.g., figs. 4 and 6, cameras 114a and 114b), wherein the second SoC is configured as a sensor hub configured to perform all CV processing for the first and the second CV cameras (e.g., fig. 6, paragraph 0111).
Regarding claim 2, Feinman discloses the eyewear of claim 1, wherein none of the electronic components in the first set of the plurality of electronic components are in the second set of the plurality of electronic components (e.g., paragraph 0111, fig. 8, one SoC may act as a sensor hub "e.g., do all computer vision, CV, and machine learning, ML, processing plus video encoding" and the other SoC may run application logic, audio and video rendering functions, and communications).
Regarding claim 3, Feinman discloses the eyewear of claim 1, wherein second SoC is configured to perform machine learning (ML), and processing video encoding (e.g., paragraph 0111).
Regarding claim 4, Feinman discloses the eyewear of claim 1, wherein the first SoC is configured to run application logic, audio and video rendering functions (e.g., paragraph 0111).
Regarding claim 5, Feinman discloses the eyewear of claim 1, wherein the images generated by the CV cameras are prevented from being sent by the first SoC via wireless communication (e.g., paragraph 0111).
Regarding claim 6, Feinman discloses the eyewear of claim 1, wherein: the second set of the plurality of electronic components further comprises a first display and a second display (e.g., figs. 2a-2b, paragraphs 0059-0060).
Regarding claim 7, Feinman discloses the eyewear of claim 1, wherein only the first SoC
comprises an operating system (OS) (e.g., high-speed circuitry 430 executes an OS operating, as shown in fig. 4, paragraphs 0080-0081).
Regarding claims 8 and 17, the limitations recited in the claims are substantially similar to those of claim 1 above; and have been addressed in the above claim 1.
Regarding claims 9-20, the limitations recited in the claims are substantially similar to those of claims 2-7 above; and have been addressed in the above claims.
Contact Information
11. Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Behrooz Senfi, whose telephone number is (571)272-7339. The examiner can
normally be reached on Monday-Friday 10:00-6:00.
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this application or proceeding is assigned is 571-273-8300.
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/BEHROOZ M SENFI/Primary Examiner, Art Unit 2482
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