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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,108,989. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are merely broader versions of the patented claims. Below is a comparison between present claim 1 and patented claim 1.
Present claim 1
Patented claim 1
A system comprising:
a wearable head device comprising:
an image light source, and
one or more sensors; and
one or more processors configured to perform a method comprising:
determining an operation mode based on a signal received by the one or more sensors; presenting, via the image light source, image light toward a user of the wearable head device;
in accordance with a determination that the operation mode comprises a first operation mode, capturing, via the one or more sensors at a first rate, reflected light comprising a reflection of the presented image light;
in accordance with a determination that the operation mode comprises a second operation mode, capturing, via the one or more sensors at a second rate different from the first rate, reflected light comprising the reflection of the presented image light; and
monitoring a health of the user based on the captured reflected light.
A system comprising:
a wearable head device comprising:
a camera;
a display;
a source of image light;
one or more sensors; and a partially reflective surface positioned to receive image light from the source of image light; and
one or more processors configured to perform a method comprising:
determining an operation mode based on a signal received by the one or more sensors; causing the source of image light to present image light, via the source of image light and further via the partially reflective surface, toward an eye of a user of the wearable head device;
in accordance with a determination that the operation mode comprises a first operation mode, capturing, via the camera at a first rate, eye-image light comprising a reflection of the presented light;
in accordance with a determination that the operation mode comprises a second operation mode, capturing, via the camera at a second rate different from the first rate, eye-image light comprising a reflection of the presented light; and
monitoring a health of the user based on the eye-image light.
As can be seen above, the main difference between the claims is that patented claim 1 recites more features in the system. Therefore, present claim 1 is merely a broader version of patented claim 1, and thus is anticipated by patented claim 1.
Claim 2 is similarity rejected over patented claim 2.
Claim 3 is similarity rejected over patented claim 3.
Claim 4 is similarity rejected over patented claim 4.
Claim 5 is similarity rejected over patented claim 5.
Claim 6 is similarity rejected over patented claim 6.
Claim 7 is similarity rejected over patented claim 7.
Claim 8 is similarity rejected over patented claim 8.
Claim 9 is similarity rejected over patented claim 1.
Claim 10 is similarity rejected over patented claim 9.
Claim 11 is similarity rejected over patented claim 10.
Claim 12 is similarity rejected over patented claim 11.
Claim 13 is similarity rejected over patented claim 12.
Claim 14 is similarity rejected over patented claim 13.
Claim 15 is similarity rejected over patented claim 14.
Claim 16 is similarity rejected over patented claim 15.
Claim 17 is similarity rejected over patented claim 16.
Claim 18 is similarity rejected over patented claim 9.
Claim 19 is similarity rejected over patented claim 12.
Claim 20 is similarity rejected over patented claim 20.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,478,254. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are merely broader versions of the patented claims.
Below is a comparison between present claim 1 and patented claim 1:
Present claim 1
Patented claim 1
A system comprising:
a wearable head device comprising:
an image light source, and
one or more sensors; and
one or more processors configured to perform a method comprising:
determining an operation mode based on a signal received by the one or more sensors;
presenting, via the image light source, image light toward a user of the wearable head device;
in accordance with a determination that the operation mode comprises a first operation mode, capturing, via the one or more sensors at a first rate, reflected light comprising a reflection of the presented image light;
in accordance with a determination that the operation mode comprises a second operation mode, capturing, via the one or more sensors at a second rate different from the first rate, reflected light comprising the reflection of the presented image light; and
monitoring a health of the user based on the captured reflected light.
A system comprising:
a wearable head device comprising:
an image light source;
one or more sensors; and
a partially reflective surface positioned to receive image light from the image light source; and
one or more processors configured to perform a method comprising: determining an operation mode based on a signal received by the one or more sensors;
causing the image light source to present image light, via the partially reflective surface, toward a user of the wearable head device;
in accordance with a determination that the operation mode comprises a first operation mode, capturing, via the one or more sensors at a first rate, reflected light comprising a reflection of the presented image light;
in accordance with a determination that the operation mode comprises a second operation mode, capturing, via the one or more sensors at a second rate different from the first rate, reflected light comprising the reflection of the presented image light; and
monitoring a health of the user based on the captured reflected light.
As can be seen above, the main difference between the claims is that patented claim 1 recites more features in the system. Therefore, present claim 1 is merely a broader version of patented claim 1, and thus is anticipated by patented claim 1.
Claim 2 is similarity rejected over patented claim 2.
Claim 3 is similarity rejected over patented claim 3.
Claim 4 is similarity rejected over patented claim 4.
Claim 5 is similarity rejected over patented claim 5.
Claim 6 is similarity rejected over patented claim 6.
Claim 7 is similarity rejected over patented claim 7.
Claim 8 is similarity rejected over patented claim 8.
Claim 9 is similarity rejected over patented claim 9.
Claim 10 is similarity rejected over patented claim 10.
Claim 11 is similarity rejected over patented claim 11.
Claim 12 is similarity rejected over patented claim 12.
Claim 13 is similarity rejected over patented claim 13.
Claim 14 is similarity rejected over patented claim 14.
Claim 15 is similarity rejected over patented claim 15.
Claim 16 is similarity rejected over patented claim 16.
Claim 17 is similarity rejected over patented claim 17.
Claim 18 is similarity rejected over patented claim 18.
Claim 19 is similarity rejected over patented claim 19.
Claim 20 is similarity rejected over patented claim 20.
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.
Claim(s) 1-3, 5, 7, 9-12, 14, 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over CARAFFI et al. (US 2016/0274659) in view of Woods et al. (US 2005/0010091, cited in IDS dated 10/28/2025).
Regarding claim 1, CARAFFI discloses a system (Fig. 1; [0057], e.g., a display device) comprising:
a wearable head device ([0003], [0036], e.g., a head mounted display) comprising:
an image light source ([0057], e.g., image light source 30 is used for capturing images of the eyes), and one or more sensors ([0060], e.g., camera 20); and
one or more processors ([0057], e.g., processing unit 40) configured to perform a method comprising:
determining an operation mode, based on a signal received by the one or more sensors ([0114], e.g., the eye tracking device 10 changes its operation mode based on a signal from the camera 20);
presenting, via the image light source, image light toward a user of the wearable head device ([0057]-[0060], e.g., the image light source 30 presents image light toward the eyes of the user);
in accordance with a determination that the operation mode comprises a first operation mode ([0094]-[0095], [0114], e.g., in a low power mode), capturing, via the one or more sensors at a first rate, reflected light comprising a reflection of the presented image light ([0058], [0086], [0114], e.g., capturing a reflection of the presented image light rate at a first frequency); and
in accordance with a determination that the operation mode comprises a second operation mode ([0094]-[0095], [0114], e.g., in an operation mode for a high tracking quality), capturing, via the one or more sensors at a second rate different from the first rate, reflected light comprising the reflection of the presented image light ([0058], [0086], [0114], e.g., capturing a reflection of the presented image light rate at a second frequency).
CARAFFI does not specifically disclose the method comprising: monitoring a health of the user based on the captured reflected light.
However, Wood discloses a system (Figs 1-2; [0040]) comprising:
a wearable head device (Fig. 3a; e.g., a head mounted device) comprising:
an image light source ([0043], e.g., light source 12), and one or more sensors ([0047], e.g., image capture system 17); and
one or more processors ([0047], e.g., an image analysis system 18) configured to perform a method comprising:
presenting, via the image light source, image light toward a user of the wearable head device (Fig. 6; [0057]-[0059], e.g., presenting image light 51 toward the user 10);
capturing reflected light comprising a reflection of the presented image light ([0047], [0059], e.g., capturing a reflection of the presented image light by the sensor 50); and
monitoring a health of the user based on the captured reflected light ([0040], [0047], e.g., analyze the light reflected from the retina to quantitatively determine the amount of glucose present).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Wood in the invention of CARAFFI for monitoring a health of a user based on captured reflected light so that eye-tracking data can be used to monitor health related issues ([0006] of Wood).
Regarding claim 2, CARAFFI in view of Wood further discloses the system of claim 1, wherein said monitoring the health of the user comprises detecting a health event (Wood, [0004], e.g., stroke).
Regarding claim 3, CARAFFI in view of Wood further discloses the system of claim 2, wherein the health event comprises one or more of a concussion, a brain injury, a stroke, and blood loss (Wood, [0004], e.g., stroke).
Regarding claim 5, CARAFFI in view of Wood further discloses the system of claim 1, wherein: said presenting the image light toward the user comprises presenting the image light via a first optical path; and the reflection of the presented image light comprises a reflection of the image light toward the one or more sensors along a second optical path not collinear with the first optical path (Fig. 6 and [0059] of Wood).
Regarding claim 7, CARAFFI further discloses the system of claim 1, wherein said presenting the image light comprises presenting light outside of a visible spectrum ([0056]-[0057], e.g., the image light comprises presenting infrared light).
Regarding claim 9, CARAFFI further discloses the system of claim 1, wherein the one or more sensors comprises a camera ([0057], e.g., the camera 20).
Regarding claim 10, CARAFFI discloses a method comprising:
determining an operation mode based on a signal received by one or more sensors of a wearable head device (Fig. 1; [0003], [0057], [0114], e.g., the eye tracking device 10 changes its operation mode based on a signal from the camera 20 of a head mounted display); the wearable head device comprising an image light source ([0057], e.g., image light source 30 is used for capturing images of the eyes);
presenting, via the image light source, image light toward a user of the wearable head device ([0057]-[0060], e.g., the image light source 30 presents image light toward the eyes of the user);
in accordance with a determination that the operation mode comprises a first operation mode ([0094]-[0095], [0114], e.g., in a low power mode), capturing, via the one or more sensors at a first rate, reflected light comprising a reflection of the presented image light ([0058], [0086], [0114], e.g., capturing a reflection of the presented image light rate at a first frequency); and
in accordance with a determination that the operation mode comprises a second operation mode ([0094]-[0095], [0114], e.g., in an operation mode for a high tracking quality), capturing, via the one or more sensors at a second rate different from the first rate, reflected light comprising the reflection of the presented image light ([0058], [0086], [0114], e.g., capturing a reflection of the presented image light rate at a second frequency).
CARAFFI does not specifically disclose the method comprising: monitoring a health of the user based on the captured reflected light.
However, Wood discloses a system (Figs 1-2; [0040]) comprising:
a wearable head device (Fig. 3a; e.g., a head mounted device) comprising:
an image light source ([0043], e.g., light source 12), and one or more sensors ([0047], e.g., image capture system 17); and
one or more processors ([0047], e.g., an image analysis system 18) configured to perform a method comprising:
presenting, via the image light source, image light toward a user of the wearable head device (Fig. 6; [0057]-[0059], e.g., presenting image light 51 toward the user 10);
capturing reflected light comprising a reflection of the presented image light ([0047], [0059], e.g., capturing a reflection of the presented image light by the sensor 50); and
monitoring a health of the user based on the captured reflected light ([0040], [0047], e.g., analyze the light reflected from the retina to quantitatively determine the amount of glucose present).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Wood in the invention of CARAFFI for monitoring a health of a user based on captured reflected light so that eye-tracking data can be used to monitor health related issues ([0006] of Wood).
Regarding claim 11, CARAFFI in view of Woods further discloses the method of claim 10, wherein said monitoring the health of the user comprises detecting a health event (Wood, [0004], e.g., stroke).
Regarding claim 12, CARAFFI in view of Woods further discloses the method of claim 11, wherein the health event comprises one or more of a concussion, a brain injury, a stroke, and blood loss (Wood, [0004], e.g., stroke).
Regarding claim 14, CARAFFI in view of Woods further discloses the method of claim 10, wherein: said presenting the image light toward the user comprises presenting the image light via a first optical path; and the reflection of the presented image light comprises a reflection of the image light toward the one or more sensors along a second optical path not collinear with the first optical path (Fig. 6 and [0059] of Wood).
Regarding claim 16, CARAFFI further discloses the method of claim 10, wherein said presenting image light comprises presenting light outside of a visible spectrum ([0056]-[0057], e.g., the image light comprises presenting infrared light).
Regarding claim 18, CARAFFI further discloses the method of claim 10, wherein the one or more sensors comprises a camera ([0057], e.g., the camera 20).
Regarding claim 19, CARAFFI discloses a non-transitory computer-readable storage medium storing instructions which, when executed by one or more processors ([0057]-[0058], [0091], e.g., software is executed by a processing unit 40), cause the one or more processors to perform a method comprising:
determining an operation mode based on a signal received by one or more sensors of a wearable head device (Fig. 1; [0003], [0057], [0114], e.g., the eye tracking device 10 changes its operation mode based on a signal from the camera 20 of a head mounted display); the wearable head device comprising an image light source ([0057], e.g., image light source 30 is used for capturing images of the eyes);
presenting, via the image light source, image light toward a user of the wearable head device ([0057]-[0060], e.g., the image light source 30 presents image light toward the eyes of the user);
in accordance with a determination that the operation mode comprises a first operation mode ([0094]-[0095], [0114], e.g., in a low power mode), capturing, via the one or more sensors at a first rate, reflected light comprising a reflection of the presented image light ([0058], [0086], [0114], e.g., capturing a reflection of the presented image light rate at a first frequency); and
in accordance with a determination that the operation mode comprises a second operation mode ([0094]-[0095], [0114], e.g., in an operation mode for a high tracking quality), capturing, via the one or more sensors at a second rate different from the first rate, reflected light comprising the reflection of the presented image light ([0058], [0086], [0114], e.g., capturing a reflection of the presented image light rate at a second frequency).
CARAFFI does not specifically disclose the method comprising: monitoring a health of the user based on the captured reflected light.
However, Wood discloses a system (Figs 1-2; [0040]) comprising:
a wearable head device (Fig. 3a; e.g., a head mounted device) comprising:
an image light source ([0043], e.g., light source 12), and one or more sensors ([0047], e.g., image capture system 17); and
one or more processors ([0047], e.g., an image analysis system 18) configured to perform a method comprising:
presenting, via the image light source, image light toward a user of the wearable head device (Fig. 6; [0057]-[0059], e.g., presenting image light 51 toward the user 10);
capturing reflected light comprising a reflection of the presented image light ([0047], [0059], e.g., capturing a reflection of the presented image light by the sensor 50); and
monitoring a health of the user based on the captured reflected light ([0040], [0047], e.g., analyze the light reflected from the retina to quantitatively determine the amount of glucose present).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Wood in the invention of CARAFFI for monitoring a health of a user based on captured reflected light so that eye-tracking data can be used to monitor health related issues ([0006] of Wood).
Regarding claim 20, CARAFFI in view of Woods further discloses the non-transitory computer-readable storage medium of claim 19, wherein said monitoring the health of the user comprises detecting a health event (Wood, [0004], e.g., stroke).
Claim(s) 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over CARAFFI et al. (US 2016/0274659) in view of Woods et al. (US 2005/0010091), and further in view of Barlow et al. (US 2003/0142041).
Regarding claim 4, CARAFFI in view of Woods does not specifically disclose the system of claim 1, wherein: said presenting the image light toward the user comprises presenting the image light via a first optical path; and the reflection of the presented image light comprises a reflection of the image light toward the one or more sensors along a second optical path at least partially collinear with the first optical path.
However, Barlow discloses an apparatus for eye tracking (Fig. 1; [0032], [0042])
comprising:
an image light source (e.g., IR illuminators 54), and one or more sensors (e.g., IR sensor/camera 50); and
one or more processors (e.g., processing platform 52) configured to perform a method comprising:
presenting, via the image light source, image light toward a user (e.g., an IR mirror 56 that reflects radiation from the IR illuminators onto aspheric mirror 40. Aspheric mirror 40, in turn reflects the radiation onto windshield 42 which may have an IR reflection enhanced surface 58. The radiation reflects off surface 58 and showers an eye 60),
wherein said presenting the image light toward the user comprises presenting the image light via a first optical path; and reflection of the presented image light comprises a reflection of the image light toward the one or more sensors along a second optical path at least partially collinear with the first optical path ([0042], e.g., the first optical path and the second optical path are collinear).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Barlow in the invention of CARAFFI in view of Woods for presenting the image light via a first optical path and reflecting the image light toward the one or more sensors along a second optical path at least partially collinear with the first optical path in order to provide an eye tracking system that can generate a high resolution image of an eye (see [0028] of Barlow).
Regarding claim 13, CARAFFI in view of Woods does not specifically disclose the method of claim 10, wherein: said presenting the image light toward the user comprises presenting the image light via a first optical path; and the reflection of the presented image light comprises a reflection of the image light toward the one or more sensors along a second optical path at least partially collinear with the first optical path.
However, Barlow discloses an apparatus for eye tracking (Fig. 1; [0032], [0042]) comprising:
an image light source (e.g., IR illuminators 54), and one or more sensors (e.g., IR sensor/camera 50); and
one or more processors (e.g., processing platform 52) configured to perform a method comprising:
presenting, via the image light source, image light toward a user (e.g., an IR mirror 56 that reflects radiation from the IR illuminators onto aspheric mirror 40. Aspheric mirror 40, in turn reflects the radiation onto windshield 42 which may have an IR reflection enhanced surface 58. The radiation reflects off surface 58 and showers an eye 60),
wherein said presenting the image light toward the user comprises presenting the image light via a first optical path; and reflection of the presented image light comprises a reflection of the image light toward the one or more sensors along a second optical path at least partially collinear with the first optical path ([0042], e.g., the first optical path and the second optical path are collinear).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Barlow in the invention of CARAFFI in view of Woods for presenting the image light via a first optical path and reflecting the image light toward the one or more sensors along a second optical path at least partially collinear with the first optical path in order to provide an eye tracking system that can generate a high resolution image of an eye (see [0028] of Barlow).
Claim(s) 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over CARAFFI et al. (US 2016/0274659) in view of Woods et al. (US 2005/0010091), and further in view of Hayakawa (US 2011/0267321).
Regarding claim 6, CARAFFI further discloses the system of claim 1, wherein the method further comprises: determining that the wearable head device has been removed from the user; in response to the determination, reducing an amount of light ([0112], e.g., detects that the user is not wearing glasses).
CARAFFI in view of Woods does not specifically disclose wherein the method comprises: in response to the determination, forgoing presenting the image light.
However, Hayakawa discloses a method comprising: determining that a wearable head device has been removed from a user; in response to the determination, forgoing presenting image light (Figs 2 and 7; [0052], e.g., when the control part 23 determines that the HMD 1 is removed from the head of the user, the light source part 26 is turned off).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Hayakawa in the invention of CARAFFI in view of Woods for forgoing presenting image light in response to determining that a head wearable device is removed from a user so that it is possible to reduce power consumption of the head wearable device.
Regarding claim 15, CARAFFI further discloses the method of claim 10, further comprising: determining that the wearable head device has been removed from the user; in response to the determination, reducing an amount of light ([0112], e.g., detects that the user is not wearing glasses).
CARAFFI in view of Woods does not specifically disclose wherein the method comprises: in response to the determination, forgoing presenting the image light.
However, Hayakawa discloses a method comprising: determining that a wearable head device has been removed from a user; in response to the determination, forgoing presenting image light (Figs 2 and 7; [0052], e.g., when the control part 23 determines that the HMD 1 is removed from the head of the user, the light source part 26 is turned off).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Hayakawa in the invention of CARAFFI in view of Woods for forgoing presenting image light in response to determining that a wearable head device is removed from a user so that it is possible to reduce power consumption of the wearable head device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mangoubi et al. (US 2012/0065518) discloses a system and a method for imaging an eye and identifying retinal or subretinal features that may be indicative of pathologies such as macular degeneration and traumatic brain injury (abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HONG ZHOU whose telephone number is (571)270-5372. The examiner can normally be reached 9:00-5:00 PM.
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/HONG ZHOU/ Primary Examiner, Art Unit 2629
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