DETAILED ACTION
Notice of Pre-AIA or AIA Status
I. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
II. This action is in response to applicants amendment/arguments filed on May 26, 2026. This action is made FINAL.
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.
III. Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Claim 1 recites:
“a. one or more sensors disposed within the Smart Device apparatus and configured to determine a direction of interest of a user wearing the wearable eye covering;
b. one or more cameras disposed within the Smart Device apparatus and configured to capture an item of interest within a field of view of the one or more cameras;
c. a wireless communication interface configured to establish communication between the Smart Device apparatus and a wrist strap, the wrist strap wearable by the user and comprising one or more sensors configured to quantify a physiological condition of the user comprising at least one of heart-rate, body temperature, breathing rate, breathing pause, body conductivity, or body capacitance when the wrist strap is secured on an arm of the user;
d. a controller configured to translate, based on signals from a second set of sensors within the wrist strap, hand and finger movements of the user into control commands; and
e. a display configured to present digital information corresponding to the item of interest” in lines 3-17.
First, it is unclear how the “one or more sensors…configured to determine a direction of interest” in lines 3-4 relates to and/or interacts with the “one or more cameras…configured to capture an item of interest” in lines 5-6; the “wireless communication interface configured to establish communication” in line 7; the “controller configured to translate…hand and finger movements of the user into control commands” in lines 13-15; and the “display configured to present digital information” in line 16. The limitations render the claim indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Second, it is unclear how the “one or more sensors…configured to quantify a physiological condition of the user comprising at least one of heart-rate, body temperature, breathing rate, breathing pause, body conductivity, or body capacitance” in lines 9-11 relates to and/or interacts with the “one or more cameras…configured to capture an item of interest” in lines 5-6; the “wireless communication interface configured to establish communication” in line 7; the “controller configured to translate…hand and finger movements of the user into control commands” in lines 13-15; and the “display configured to present digital information” in line 16. The limitations render the claim indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Third it is unclear how the “controller configured to translate…hand and finger movements of the user into control commands” in lines 13-15 relates to and/or interacts with the “one or more sensors…configured to determine a direction of interest” in lines 3-4; the “one or more cameras…configured to capture an item of interest” in lines 5-6; the “wireless communication interface configured to establish communication” in line 7; and the “display configured to present digital information” in line 16. The limitations render the claim indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Claim 1 recites “the wrist strap wearable by the user and comprising one or more sensors configured to quantify a physiological condition of the user” in lines 8-10; and “signals from a second set of sensors within the wrist strap” in lines 13-14. It is unclear whether the “second set of sensors within the wrist strap” in lines 13-14 are included within the “one or more sensors” in lines 8-10 or separate and distinct from the “one or more sensors” in lines 8-10. The limitations render the claim indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Claims 2-20 are dependent on claim 1 and are rejected being indefinite under 35 U.S.C. 112(b) for the same reasons given above regarding claim 1.
The following prior art rejection is based on the best possible interpretation of the claim language in light of the above rejection under 35 U.S.C. 112(b).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
IV. Claims 1-9, 11-13, 15-16, 18, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bostick et al. (US 2016/0070439 A1) in view of Andersson et al. (US 2023/0359422 A1).
Regarding claims 1 Bostick teaches a smart device apparatus configured as a wearable eye covering (see paragraphs [0008] & [0014], Augmented Reality (AR) glasses are augmented reality computing devices implemented as a wearable computer. This reads on a smart device apparatus configured as a wearable eye covering), the Smart Device apparatus comprising:
one or more sensors disposed within the Smart Device apparatus and configured to determine a direction of interest of a user wearing the wearable eye covering (see paragraphs [0008]; [0014]; [0015], The AR glasses are implemented as a wearable computer with digital image capture technology and capable of sending/receiving data. The e-commerce application on AR glasses (see paragraph [0013]) implements a gaze focal point tracker which uses the direction of a user gaze to extrapolate a focal point of the user’s vision. This reads on one or more sensors disposed within the Smart Device apparatus and configured to determine a direction of interest of a user wearing the wearable eye covering);
one or more cameras are disposed within the Smart Device apparatus and configured to capture an item of interest within a field of view of the one or more cameras (see paragraphs [0008]; [0014]; [0015], The AR glasses utilize glaze focal point detection to identify an object by identifying a focal point in the user’s field of vision. AR glasses are implemented as a wearable computer with digital image capture technology such as a digital camera or image scanning technology. The e-commerce application on AR glasses (see paragraph [0013]) allows a user to select an object using gaze focal point tracker capability. An object may be selected with a gaze focal point tracker which uses the direction of a user gaze to extrapolate a focal point of the user’s vision. This reads on one or more cameras are disposed within the Smart Device apparatus and configured to capture an item of interest within a field of view of the one or more cameras);
a wireless communication interface configured to establish communication between the Smart Device apparatus and a wrist strap, the wrist strap wearable by the user and comprising one or more sensors configured to quantify a physiological condition of the user when the wrist strap is secured on an arm of the user (see paragraphs [0008]; [0015]; [0019] – [0020] and Fig. 1 & Fig. 3, A smart watch with one or more sensors can detect one or more muscle movements for a gesture such as a finger motion or a hand gesture. The smart watch sends sensor data for a detected gesture to AR glasses (see paragraph [0011] and Fig. 1). The smart watch sensor may provide the capability to identify movement, for example, finger, hand, arm or muscle movement or a series of muscle movements. This reads on a wireless communication interface configured to establish communication between the Smart Device apparatus and a wrist strap, the wrist strap wearable by the user and comprising one or more sensors configured to quantify a physiological condition of the user when the wrist strap is secured on an arm of the user)
a controller (see 304, Fig. 3) configured to translate, based on signals from the one or more sensors within the wrist strap, hand and finger movements of the user into control commands (see paragraphs [0008]; [0015]; [0019] – [0020] and Fig. 1, A smart watch with one or more sensors can detect one or more muscle movements for a gesture such as a finger motion or a hand gesture. The smart watch sends sensor data for a detected gesture to AR glasses (see paragraphs [0011] & [0019] and Fig. 1). The gesture correlated to the sensor data of the muscle movements received by AR glasses may be configured to correspond to a user command. The smart watch sensor may provide the capability to identify movement, for example, finger, hand, arm or muscle movement or a series of muscle movements. The gesture may be used to configure a user identified command or action such as “move to shopping cart” or “select object”. This reads on a controller configured to translate, based on signals from the one or more sensors within the wrist strap, hand and finger movements of the user into control commands); and
a display configured to present digital information corresponding to the item of interest (see paragraphs [0008]; [0015]; [0031], AR glasses utilize gaze focal point detection to identify an object by identifying a focal point in the user’s field of vision. A smart watch is used to detect gestures from the user. The detected gestures are sent to the AR glasses as commands related to the user selected object. The AR glasses provide a capability to identify an object or product in an augmented reality view and allow the user to save the object viewed by the user and associated data. This reads on a display configured to present digital information corresponding to the item of interest).
Bostick does not teach the physiological condition of the user comprising a least one of heart-rate, body temperature, breathing rate, breathing pause, body conductivity, or body capacitance; and translate, based on signals from a second set of sensors within the wrist strap, the hand and finger movements.
Anderson teaches the physiological condition of a user comprising a least one of heart-rate, body temperature, breathing rate, breathing pause, body conductivity, or body capacitance (see paragraphs [0147] & [0160] and Fig. 11, The sensor data output by the sensors of the wrist wearable device (170, Fig. 11) include body temperature data and this reads on physiological condition of a user comprising a least one of heart-rate, body temperature, breathing rate, breathing pause, body conductivity, or body capacitance); and translate, based on signals from a second set of sensors within the wrist strap, the hand and finger movements (see paragraph [0147] and Fig. 11, The sensor data output by the sensors of the wrist wearable device (170, Fig. 11) include gyro and accelerometer sensors, wherein the sensor data is used by the wrist-wearable device for detecting one or more hand gestures and determining one or more control gesture types. This reads on translate, based on signals from a second set of sensors within the wrist strap, the hand and finger movements).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the one or more sensors in the wrist strap in Bostick adapt to include quantifying the physiological condition of the user comprising a least one of heart-rate, body temperature, breathing rate, breathing pause, body conductivity, or body capacitance; and translate, based on signals from a second set of sensors within the wrist strap, the hand and finger movements because it would allow for an improved mechanism for controlling a device using inputs detected by sensors on a sensor of a wrist-wearable device (see Anderson, paragraphs [0004] – [0005]).
Regarding claim 2 Anderson teaches wherein the one or more sensors within the Smart device apparatus comprise a motion sensor operative to sense acceleration or vibration of the wearable eye covering (see paragraph [0147] – [0148], and Fig. 11, The head-wearable device 110 includes sensors (1121b, Fig. 11) including accelerometers measure motion and haptic generators (1125b, Fig. 11) that can apply vibration stimulations. This reads on wherein the one or more sensors within the Smart device apparatus comprise a motion sensor operative to sense acceleration or vibration of the wearable eye covering).
Regarding claim 3 Bostick teaches wherein the wrist strap comprises one or more wireless transceivers configured for wireless communication with the Smart Device apparatus (see paragraphs [0011] & [0019] and Fig. 1, The Smart watch has communication capabilities such as the ability to send and receive data over network 110 (see paragraph [0011]) or wirelessly over a local network (WLAN) to AR glasses. This reads on wherein the wrist strap comprises one or more wireless transceivers configured for wireless communication with the Smart Device apparatus).
Regarding claim 4 Bostick teaches wherein the wearable eye covering comprises eye glasses (see paragraph [0008], The AR glasses are implemented as a wearable computer with digital image capture technology. This reads on wherein the wearable eye covering comprises eye glasses).
Regarding claim 5 Bostick teaches wherein the smart device apparatus comprises a wearable item including one or: a wristband, headgear, vest, gown, hat, hardhat, headband, skull-cap, augmented-reality headset, virtual-reality headset, facemask, surgical cap, scrub cap, earring, arm band, watch, bracelet, right or footwear (see paragraph [0008], Augmented Reality (AR) glasses may be used in conjunction with a smart watch in a e-commerce application. This reads on wherein the smart device apparatus comprises a wearable item including one or: a wristband, headgear, vest, gown, hat, hardhat, headband, skull-cap, augmented-reality headset, virtual-reality headset, facemask, surgical cap, scrub cap, earring, arm band, watch, bracelet, right or footwear).
Regarding claim 6 Anderson teaches wherein the wearable item comprises one or more transceivers for short-distance communication comprising one or more of: LPWAN, ultra-wideband, ANT Near Field Communication (NFC), Zigbee, or Bluetooth Low Energy (see paragraph [0146] and Fig. 11, the head-wearable device includes communication interface (1115b, Fig. 11) capable of data communication using ZigBee and Bluetooth wireless protocol. This reads on wherein the wearable item comprises one or more transceivers for short-distance communication comprising one or more of: LPWAN, ultra-wideband, ANT Near Field Communication (NFC), Zigbee, or Bluetooth Low Energy).
Regarding claim 7 Anderson teaches one or more transceivers included in the wrist strap and configured for wireless position tracking of the user (see paragraph [0147] and Fig. 11, The wrist wearable device includes GPS configured to provide location information in conjunction with the communication interface. This reads on one or more transceivers included in the wrist strap and configured for wireless position tracking of the user).
Regarding claim 8 Anderson teaches one or more transceivers are configured to quantify a condition experienced by the user (see paragraph [0147] and Fig. 11, The sensor data output by the sensors including heart rate sensors includes body temperature data. The sensors (1121b, Fig. 11) in the head-wearable device are coupled with the communication interface (1115b, Fig. 11). This reads on one or more transceivers are configured to quantify a condition experienced by the user).
Regarding claim 9 Anderson teaches wherein the quantified condition includes one or more of: heart-rate, body temperature, breathing rate, breathing pause, body conductivity, and body capacitance of the user (see paragraph [0147, 0147] and Fig. 11, The sensor data output by the sensors including heart rate sensors includes body temperature data. The sensors (1121b, Fig. 11) in the head-wearable device are coupled with the communication interface (1115b, Fig. 11). This reads on wherein the quantified condition includes one or more of: heart-rate, body temperature, breathing rate, breathing pause, body conductivity, and body capacitance of the user).
Regarding claim 11 Anderson teaches one or more sensors within the smart device apparatus are configured to quantify a condition of an environment around the user (see paragraph [0160], The sensor can also include a sensor that provides data about a user's environment including a user's motion (e.g., an IMU), altitude, location, orientation, gait, or a combination thereof. This reads on one or more sensors within the smart device apparatus are configured to quantify a condition of an environment around the user).
Regarding claim 12 Bostick teaches wherein the Smart Device apparatus is configured to identify a physical object within a field of view and initiate an automated recognition process that generates a digital annotation for presentation on the display corresponding to the physical object (see paragraphs [0015] & [0029] – [0030], Image recognition of an image of an object is used to determine the selected object. Data viewed by the user is stored. The data may be an image of the selected object. A name of the selected object may be stored or saved. A product name, or product identification number of the selected object may also be saved. This reads on wherein the Smart Device apparatus is configured to identify a physical object within a field of view and initiate an automated recognition process that generates a digital annotation for presentation on the display corresponding to the physical object).
Regarding claim 13 Bostick teaches wherein the automated recognition process utilizes artificial intelligence model (see paragraphs [0045] – [0046]) executed by the controller of the Smart Device apparatus to classify the physical object based upon the captured image data and to retrieve digital information descriptive of the classified physical object (see paragraphs [0017]; [0029]; [0031], The image of an object may be an image viewed in augmented reality on AR glasses. Image recognition of the object may be used to determine the selected object. A user may save a selected object in a specific record or file. Additional information related to the selected object may be retrieved and stored as updates to the selected object. This reads on wherein the automated recognition process utilizes artificial intelligence model executed by the controller of the Smart Device apparatus to classify the physical object based upon the captured image data and to retrieve digital information descriptive of the classified physical object).
Regarding claim 15 Bostick teaches wherein the wrist strap comprises sensors configured to detect electrical activity of muscles of the arm of the user and to generate digital signals representing intended hand or finger gestures (see paragraph [0021], A sensor resides in smart watch and may be any device capable of capturing a user gesture such as a hand gesture, a finger movement, an arm movement, a muscle movement or other user movement associated with the sensor location. The sensor provides sensor data which may be electrical potential data, motion data, or any similar digital data associated with a user gesture as captured by one or more sensors. The sensor may sense the electrical activity produced by the user's muscles, for example, similar to sensors used in electromyography. This reads on wherein the wrist strap comprises sensors configured to detect electrical activity of muscles of the arm of the user and to generate digital signals representing intended hand or finger gestures).
Regarding claim 16 Bostick teaches wherein the controller is configured to execute a gesture recognition algorithm trained to correlate electrical activity patterns detected by the sensors configured to detect the electrical activity of the muscles (see paragraph [0021], A sensor resides in smart watch and may be any device capable of capturing a user gesture such as a hand gesture, a finger movement, an arm movement, a muscle movement or other user movement associated with the sensor location. The sensor provides sensor data which may be electrical potential data, motion data, or any similar digital data associated with a user gesture as captured by one or more sensors. The sensor may sense the electrical activity produced by the user's muscles, for example, similar to sensors used in electromyography. This reads on wherein the controller is configured to execute a gesture recognition algorithm trained to correlate electrical activity patterns detected by the sensors configured to detect the electrical activity of the muscles) with predefined command functions for interaction with digital content presented on the display (see paragraph [0015], Sensors may detect muscle movements detected by the sensors such as bending a finger or turning a wrist or curling all fingers. The gestures associated with muscle movements detected by a sensor are used to configure a user identified command or action such as “move to shopping cart” or “select object” or “scroll to next product”. This reads on correlating the electrical activity of the muscles with predefined command functions for interaction with digital content presented on the display).
Regarding claim 18 Bostick teaches a wireless transceiver configured to establish a short-range communication link with a mobile computing device to exchange digital image data, gesture data, and user interface control data (see paragraphs [0018] – [0021] and Fig. 1 & Fig. 3, A user interface between the AR glasses and smart watch is used to communicate commands, sensor data such as user movements and gestures, and digital image data such as a product barcode. The communication network may be wirelessly via a WLAN. This reads on a wireless transceiver configured to establish a short-range communication link with a mobile computing device to exchange digital image data, gesture data, and user interface control data).
Regarding claim 19 Bostick and Anderson teach limitations as recited in claim 6 and therefore claim 19 is rejected for the same reasons given above.
Regarding claim 20 Bostick teaches wherein the Smart Device apparatus and the wrist strap are configured to cooperatively present an augmented-reality user interface responsive to the direction of a user’s gaze and hand gestures, the augmented-reality user interface being operative to display contextual digital information associated with a real-world item within the field of view of the user (see paragraphs [0008]; [0015]; [0031], AR glasses utilize the direction of the user’s gaze to identify an object by identifying a focal point in the user’s field of vision. A smart watch is used to detect gestures from the user. The detected gestures are sent to the AR glasses as commands related to the user selected object. The AR glasses provide a capability to identify an object or product in an augmented reality view and allow the user to save the object viewed by the user and associated data. This reads on wherein the Smart Device apparatus and the wrist strap are configured to cooperatively present an augmented-reality user interface responsive to the direction of a user’s gaze and hand gestures, the augmented-reality user interface being operative to display contextual digital information associated with a real-world item within the field of view of the user).
V. Claims 10, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bostick et al. (US 2016/0070439 A1) in view Anderson et al. (US 2023/0359422 A1) and Boesen (US 2018/0124497 A1).
Regarding claim 10 Bostick and Anderson teach the smart device apparatus of claim 1 except for wherein the one or more sensors within the Smart device apparatus comprise a magnetometer.
Boesen teaches one or more sensors within a smart device comprising a magnetometer (see paragraphs [0052] & [0059] and Fig. 2, Sensors include magnetometers. This reads on one or more sensors within a smart device comprising a magnetometer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the one or more sensors in the Bostick and Anderson combination adapt to include a magnetometer because such sensors are well known to be included in AR systems and devices and it would provide for an improved user experience.
Regarding claim 14 Bostick teaches the smart device of claim 1 including displaying digital content within a visible portion of the lens aligned with a direction of interest (see Bostick, paragraphs [0008] & [0015], gaze tracker uses the direction of user gaze to extrapolate a focal point of the user’s vision) and except for wherein the display is a heads up display (HUD) embedded withing a lens of the wearable eye covering, the HUD being configured to overlay contextual digital content within a visible portion of the lens.
Boesen teaches wherein the display is a heads up display (HUD) embedded within a lens of the wearable eye covering, the HUD being configured to overlay contextual digital content within a visible portion of the lens (see paragraph [0016], Glasses including virtual reality or augmented realty headsets and heads-up displays present any number of two-dimensional or three-dimensional visualizations to the user. This reads on wherein the display is a heads up display (HUD) embedded within a lens of the wearable eye covering, the HUD being configured to overlay contextual digital content within a visible portion of the lens).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Bostick and Anderson combination adapt to include wherein the display is a heads up display (HUD) embedded within a lens of the wearable eye covering, the HUD being configured to overlay contextual digital content within a visible portion of the lens because heads-up displays are well known to be included in AR systems and devices and it would provide for an improved user experience.
Regarding claim 17 Bostick teaches the smart device apparatus of claim 1 including determine a orientation and facing direction of the wearable eye covering relative to a reference coordinate frame (see Bostick, paragraph [0015], The AR glasses use gaze focal point tracker which uses the direction of a user gaze to extrapolate a focal point of the user’s vision. This reads on determine a orientation and facing direction of the wearable eye covering relative to a reference coordinate frame) and except for wherein the one or more sensors within the Smart device apparatus comprise a gyroscope, an accelerometer, and a magnetometer operative to determine a three-dimensional orientation.
Boesen teaches one or more sensors within a smart device comprising a gyroscope, an accelerometer, and a magnetometer operative to determine a three-dimensional orientation and facing direction (see paragraphs [0014]; [0020]; [0052]; [0059] and Fig. 2, Sensors include accelerometers, gyroscopes, magnetometers, inertial sensors. The sensors may measure the position, location, orientation, motion, and acceleration of the user. A three-dimensional determination of direction, location, orientation of a user within an area can be made. This reads on one or more sensors within a smart device comprising a gyroscope, an accelerometer, and a magnetometer operative to determine a three-dimensional orientation and facing direction).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the one or more sensors in the Bostick and Anderson combination adapt to include a gyroscope, an accelerometer, and a magnetometer operative to determine a three-dimensional orientation and facing direction because such sensors are well known to be included in AR systems and devices and it would provide for an improved user experience.
Response to Arguments
VI. Applicant’s arguments with respect to claims 1-20 have been considered but are moot in view of the new grounds of rejection.
Conclusion
VII. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F.
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/BRANDON J MILLER/ Primary Examiner, Art Unit 2647
June 10, 2026
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