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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an edge computing device, configured in said smart glasses” (claim 1) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “104” has been used to designate both “AI server” (see specification: [0049]) and “cloud server” (see specification: [0057]); and reference character “102” has been used to designate both “AI computing device” (see specification: [0021]) and “generative device” (see specification: [0057]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: “an edge computing device, configured in said smart glasses” is not clear. Paragraph [0047] of originally filed specification recites, “edge computing device 104A in FIG. 4 can be built into or externally connected to the head-mounted device or smart glasses 300”. However, Fig. 4 shows the “edge computing device” is in AI computing device 102 which is separate than the smart glasses as shown in Fig. 1A. It is not understood how the “edge computing device” is built into the smart glasses.
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.
Therefore, Appropriate correction is required. No new matter should be added.
Claim 11 is also objected to because of the following informalities: “external AI computing device” and “AI server” are not clear. Is “AI computing device 102” same as “external AI computing device”?
Reference character “104” is used for “AI server” (see specification: [0049]) and “cloud server” (see specification: [0057]). Is “AI server” same as “cloud server”?
Appropriate correction is required. No new matter should be added.
Claim Rejections - 35 USC § 103
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.
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 1-3, 5-8, 11-12, 14-16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Freeman et al. (US 20180249151) in view of Behuria et al. (US 20210272690).
As to claim 1, Freeman discloses a smart glasses (Fig. 12, [0171]: wearable device, such as smart glasses or HMD, [0114]: SmartHMD (Smart Head Mounted Display) or GFH (glasses, frame and headgear), [0133]: SCL (smart contact lens)) comprising:
an image capturing device (Fig. 12(54): cameras) configurated in said smart glasses (Fig. 12, [0171]: wearable device, such as smart glasses or HMD, [0172]: a set of wearable glasses 52 that contains one or two forward mounted cameras 54);
an AI voice assistant ([0122]: Google virtual assistant, Siri, or Alexis) stored in a memory ([0074]) of said smart glasses to provide an assistant (Fig. 12, [0122]: GFH (glasses, frame and headgear) is loaded with Artificial Intelligence, like the Google virtual assistant, Siri, or Alexis. In this instance, the GFH can be programmed with a virtual assistant virtual image and be able to show a visual virtual assistant (VVA), not just a voice like Siri or Alexis, [0171]);
wherein an image captured by said image capturing device (Fig. 12(54): cameras) or a result of said AI analysis is displayed on said smart glasses ([0124]: cameras can be used to not only display an image in real time to the user, but to record the image that a camera captures for replay later, [0122], Note: when there is “or’, Examiner can pick only one item from the list to reject entire limitation).
Freeman does not expressly teach an edge computing device, configured in said smart glasses, coupled to said AI voice assistant to provide an AI analysis.
Behuria teaches an edge computing device (Fig. 1(102)), configured in said smart glasses ([0019]: smart glasses), coupled to said AI voice assistant to provide an AI analysis ([0019]: an edge computing device 102 connects to sensors 104 and cloud computing resources 106. The cloud computing resources 106 include cloud services. Sensors 104 can include one or more sensors for collecting physical medical device data, environmental data or data from an individual. Sensors for collecting data from an individual include a smart glasses, [0030]: virtual model 208 can be used by the cloud services 206 to power interactive artificial intelligence, such as a voice assistant).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Freeman’s smart glasses by incorporating Behuria’s idea of including an edge computing device configured in smart glasses in order to support low latency and no reliance on constant cloud connectivity.
As to claim 2, Freeman (as modified by Behuria) teach the smart glasses of claim 1, wherein said AI voice assistant automatically adjusts a setting based on a user preference (Freeman: [0104]: automatically adjust depending on what the sensors say the brightness of the ambient light is, which would typically be brighter when in brighter exterior light).
As to claim 3, Freeman (as modified by Behuria) teach the smart glasses of claim 1, wherein an external controller is provided to wirelessly couple to said smart glasses to control a function of said smart glasses (Freeman: [0100]: GFH (glasses, frame and headgear) a dongle attached to the GFH via wire or wireless connection. Some portions of the system mentioned herein are contained in a connected device, like a laptop, smart phone, or WiFi router, [0102], [0121]: GFH (glasses, frame and headgear) to be “paired” with other devices, like a phone or smart watch. GFH is connected to the internet via cellular or WIFI or other radio frequencies or wireline or wireless frequencies and acts like a router with other devices which can attach themselves to the GFH).
As to claim 5, Freeman (as modified by Behuria) teach the smart glasses of claim 1, wherein a sensor disposed on said smart glasses to sense a surrounding environment or a posture or gesture (Freeman: [0095]: environment mapping interfaces to build a digitized geometrical model for interaction with sensors, diagnostics, and simulations, [0125], [0128]: real-world environment is displayed, [0103]: gesture recognition, [0150]: using hand gesture sensors or tools like fiducial markers).
As to claim 6, Freeman (as modified by Behuria) teach the smart glasses of claim 1, wherein said smart glasses includes an eye detecting device and an identity recognition template (Freeman: [0111]: eyes are gazing as identified by the eye-tracking software, [0116], [0118]: permit a focus on identification of a person).
As to claim 7, Freeman (as modified by Behuria) teach the smart glasses of claim 1, wherein said edge computing device (Behuria: Fig. 1(102)) includes an AI model, and an AI processing unit (Behuria: [0030]: virtual model 208 can be used by the cloud services 206 to power interactive artificial intelligence, such as a voice assistant, [0122]: AI software neural nets).
As to claim 8, Freeman (as modified by Behuria) teach the smart glasses of claim 1, wherein said smart glasses includes a waveguide (Freeman: [0110]: wave guide displays, [0114] – [0115]: wave guide provides enhanced image resolution and guides the image's rays to exactly where it is to be displayed on the reflective lens, [0149]).
As to claim 11, Freeman discloses a smart glasses (Fig. 12, [0171]: wearable device, such as smart glasses or HMD, [0114]: SmartHMD (Smart Head Mounted Display) or GFH (glasses, frame and headgear), [0133]: SCL (smart contact lens)) comprising:
an image capturing device (Fig. 12(54): cameras) configurated in said smart glasses (Fig. 12, [0171]: wearable device, such as smart glasses or HMD, [0172]: a set of wearable glasses 52 that contains one or two forward mounted cameras 54);
an AI voice assistant ([0122]: Google virtual assistant, Siri, or Alexis) stored in a memory ([0074]) of said smart glasses to provide an assistant (Fig. 12, [0122]: GFH (glasses, frame and headgear) is loaded with Artificial Intelligence, like the Google virtual assistant, Siri, or Alexis. In this instance, the GFH can be programmed with a virtual assistant virtual image and be able to show a visual virtual assistant (VVA), not just a voice like Siri or Alexis, [0171]);
a communication device ([0102]: Bluetooth, GPS, RFID, Wi-Fi, or Cellular tracking) configurated in said smart glasses, wherein said communication device is wirelessly coupled to an external computing device ([0102]: GFH (glasses, frame and headgear) can also be connected wirelessly to a main monitoring data system which would track the health, whereabouts, and condition of the user to be displayed to another person such as a caretaker or a health care provider, [0122]);
wherein an image captured by said image capturing device (Fig. 12(54): cameras) or a result from said generative AI model is displayed on said smart glasses ([0124]: cameras can be used to not only display an image in real time to the user, but to record the image that a camera captures for replay later, [0122], Note: when there is “or’, Examiner can pick only one item from the list to reject entire limitation).
Freeman does not explicitly teach a communication configurated in said smart glasses, wherein said communication device is wirelessly coupled to an external AI computing device or AI server to access a generative AI model.
Behuria teaches a communication configurated in said smart glasses, wherein said communication device is wirelessly coupled to an external AI computing device or AI server to access a generative AI model ([0019]: an edge computing device 102 connects to sensors 104 and cloud computing resources 106. The cloud computing resources 106 include cloud services. Sensors 104 can include one or more sensors for collecting physical medical device data, environmental data or data from an individual. Sensors for collecting data from an individual include a smart glasses, [0030]: virtual model 208 can be used by the cloud services 206 to power interactive artificial intelligence, such as a voice assistant).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Freeman’s smart glasses by incorporating Behuria’s idea of including an edge computing device configured in smart glasses in order to support low latency and no reliance on constant cloud connectivity.
As to claim 12, Freeman (as modified by Behuria) teach the smart glasses of claim 11, wherein an external controller is provided to wirelessly couple to said smart glasses to control a function of said smart glasses (Freeman: [0100]: GFH (glasses, frame and headgear) a dongle attached to the GFH via wire or wireless connection. Some portions of the system mentioned herein are contained in a connected device, like a laptop, smart phone, or WiFi router, [0102], [0121]: GFH (glasses, frame and headgear) to be “paired” with other devices, like a phone or smart watch. GFH is connected to the internet via cellular or WIFI or other radio frequencies or wireline or wireless frequencies and acts like a router with other devices which can attach themselves to the GFH).
As to claim 14, Freeman (as modified by Behuria) teach the smart glasses of claim 11, wherein said smart glasses includes a sensor configured in said smart glasses, said sensor including an inertial sensor, a GPS, a magnetometer or the combination thereof (Freeman: [0101]: Other Subsystems in the GFH (glasses, frame and headgear) are an integrated Inertial Measuring Unit (IMU) containing a Three Axis Accelerometer, a Three Axis Gyroscope and a Three Axis Magnetometer, [0103]: an accelerometer, a magnetometer, gyroscope, GPS, and etc. are employed).
As to claim 15, Freeman (as modified by Behuria) teach the smart glasses of claim 11, wherein said smart glasses includes an eye detecting device and an identity recognition template (Freeman: [0111]: eyes are gazing as identified by the eye-tracking software, [0116], [0118]: permit a focus on identification of a person).
As to claim 16, Freeman (as modified by Behuria) teach the smart glasses of claim 11, wherein said smart glasses includes a waveguide (Freeman: [0110]: wave guide displays, [0114] – [0115]: wave guide provides enhanced image resolution and guides the image's rays to exactly where it is to be displayed on the reflective lens, [0149]).
As to claim 19, Freeman (as modified by Behuria) teach the smart glasses of claim 11, wherein said AI voice assistant automatically adjusts a setting based on a user preference (Freeman: [0104]: automatically adjust depending on what the sensors say the brightness of the ambient light is, which would typically be brighter when in brighter exterior light).
As to claim 20, Freeman (as modified by Behuria) teach the smart glasses of claim 11, wherein a sensor disposed on said smart glasses to sense a surrounding environment, a posture or gesture (Freeman: [0095]: environment mapping interfaces to build a digitized geometrical model for interaction with sensors, diagnostics, and simulations, [0125], [0128]: real-world environment is displayed, [0103]: gesture recognition, [0150]: using hand gesture sensors or tools like fiducial markers).
Claims 4, 10, 13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Freeman et al. (US 20180249151) in view of Behuria et al. (US 20210272690) and in further view of Ullrich et al. (US 20240419246).
As to claim 4, Freeman (as modified by Behuria) teach the smart glasses of claim 1, wherein image capturing device (Fig. 12(54): cameras).
Freeman (as modified by Behuria) do not specifically teach an emotion recognition module or a facial health model is provided in said memory, said emotion recognition module being used to extract an emotion feature, said facial health model being used to detect signs of disease; wherein said emotion feature or said detected signs is captured by said image capturing device.
Ullrich teaches an emotion recognition module or a facial health model is provided in said memory, said emotion recognition module being used to extract an emotion feature, said facial health model being used to detect signs of disease; wherein said emotion feature or said detected signs is captured by said image capturing device ([0124], [0161]: biosignals can be derived from cameras imaging a user's eyes, [0170]: biosignals subsystem 200 illustrated in FIG. 2 can receive biosignals indicative of fatigue and emotion. These biosignals 106 can include EEG data, heart rate and respiratory rate data, gaze detection data, and other biosignals capable of providing information on a user's energy levels and emotional state, [0276]: biosignals 106 indicative of gaze direction can include camera data capturing the user's gaze).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the smart glasses of Freeman (as modified by Behuria) by adapting Ullrich’s idea of using emotion recognition in order to track user’s health condition more accurately.
As to claim 10, Freeman (as modified by Behuria) teach the smart glasses of claim 1, wherein said smart glasses (Fig. 12, [0171]: wearable device, such as smart glasses or HMD, [0172]: a set of wearable glasses 52 that contains one or two forward mounted cameras 54) couples to a vehicle ([0102]: automobiles).
Freeman (as modified by Behuria) do not explicitly teach said smart glasses display an information from said vehicle, said information including a driving information, a direction, a traffic sign, augmented reality or any combination thereof.
Ullrich teaches said smart glasses display an information from said vehicle, said information including a driving information, a direction, a traffic sign, augmented reality or any combination thereof ([0207]: can receive context data from the vehicle's surroundings and performance. Such data can be in the form of sensor data 110 from cameras and lidar, [0208]: generate a context prompt based on vehicle surroundings and performance, [0212]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the smart glasses of Freeman (as modified by Behuria) by incorporating Ullrich’s idea of receiving driving information in order to adjust speed, route, and other factors to improve passenger safety and comfort (see Ullrich: [0212]).
As to claims 13 and 18, it is the apparatus of claims 4 and 10. Please see clams 4 and 10 for detail analysis.
Claims 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Freeman et al. (US 20180249151) in view of Behuria et al. (US 20210272690) and in further view of Friedlander et al. (US 20240419246).
As to claim 9, Freeman (as modified by Behuria) teach the smart glasses of claim 1, wherein said smart glasses (Fig. 12, [0171]: wearable device, such as smart glasses or HMD, [0172]: a set of wearable glasses 52 that contains one or two forward mounted cameras 54) couples to an AI computing device, wherein said smart glasses display an information from said AI computing device ([0122], [0171]).
Freeman (as modified by Behuria) do not expressly teach said information including a song title, an artist, a lyric, a phone numbers, a contact name, a contact image, an instant message, a sticker or any combination thereof.
Friedlander teaches said information including a song title, an artist, a lyric, a phone numbers, a contact name, a contact image, an instant message, a sticker or any combination thereof ([0038]: music player tile can display a playlist and/or detailed information for the song currently playing, such as song name, artist name, lyrics, etc. Note: when there is “or’, Examiner can pick only one item from the list to reject entire limitation).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the smart glasses of Freeman (as modified by Behuria) by incorporating Friedlander’s idea of including a song title, an artist, a lyric, etc. for user’s convenience.
As to claim 17, it is the apparatus of claim 9. Please see clam 9 for detail analysis.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AFROZA Y CHOWDHURY whose telephone number is (571)270-1543. The examiner can normally be reached M-F 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nitin Patel can be reached at (571)272-7677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AFROZA CHOWDHURY/Primary Examiner, Art Unit 2628
Prosecution Insights