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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 – 5, 8, 10 – 15, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cho et al. (U.S. PG Pub 2022/0365635).
Regarding Claim 1, Cho et al. teach a display (Paragraph 50) device comprising:
a camera (Figure 1, Element 120. Paragraphs 51 and 86);
a panel (Figure 1, Element 110. Paragraph 49) including at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) that is operable as a mirror (Paragraph 50) and operable as a display (Paragraph 50);
at least one processor (Figure 1, Element 140. Paragraphs 57 - 58) including processing circuitry; and
memory (Figure 1, Element 130. Paragraphs 53 - 54) storing one or more instructions that, when executed by the at least one processor (Figure 1, Element 140. Paragraphs 57 - 58) individually or collectively, cause the display (Paragraph 50) device to:
control the camera (Figure 1, Element 120. Paragraphs 51 and 86) to capture an image of a user (Figures 3 - 8, Element 10. Paragraph 61) to obtain a user image (Figures 3 - 8, Element 11. Paragraph 60),
obtain information on a position (Figures 4 - 8, Element 21. Paragraphs 61 - 62) of the user (Figures 3 - 8, Element 10. Paragraph 61),
obtain information on a gaze direction (Paragraph 82) of the user (Figures 3 - 8, Element 10. Paragraph 61) based on the user image (Figures 3 - 8, Element 11. Paragraph 60), and
control, based on the information on the position (Figures 4 - 8, Element 21. Paragraphs 61 - 62) of the user (Figures 3 - 8, Element 10. Paragraph 61) and the information on the gaze direction (Paragraph 82) of the user (Figures 3 - 8, Element 10. Paragraph 61), the panel (Figure 1, Element 110. Paragraph 49) such that the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) operates as at least one of the mirror (Paragraph 50) and the display (Paragraph 50).
Regarding Claim 2, Cho et al. teach the display (Paragraph 50) device of claim 1 (See Above), wherein
the information on the position (Figures 4 - 8, Element 21. Paragraphs 61 - 62) of the user (Figures 3 - 8, Element 10. Paragraph 61) includes information on a distance (Figures 2 - 8. Paragraph 68) between the user (Figures 3 - 8, Element 10. Paragraph 61) and the panel (Figure 1, Element 110. Paragraph 49), and
the one or more instructions, when executed by the at least one processor (Figure 1, Element 140. Paragraphs 57 - 58) individually or collectively, cause the display (Paragraph 50) device to control the panel (Figure 1, Element 110. Paragraph 49) to:
operate as the display (Paragraph 50) based on the distance (Figures 2 - 8. Paragraph 68) being greater than or equal to (Paragraph 67) a preset distance (Figures 2 - 8. Paragraph 68).
Regarding Claim 3, Cho et al. teach the display (Paragraph 50) device of claim 2 (See Above), wherein the one or more instructions, when executed by the at least one processor (Figure 1, Element 140. Paragraphs 57 - 58) individually or collectively, cause the display (Paragraph 50) device to:
obtain information on the gaze direction (Paragraph 82) of the user (Figures 3 - 8, Element 10. Paragraph 61) based on the distance (Figures 2 - 8. Paragraph 68) being less than the preset distance (Figures 2 - 8. Paragraph 68), and
identify whether the gaze direction (Paragraph 82) of the user (Figures 3 - 8, Element 10. Paragraph 61) is directed toward the user image (Figures 3 - 8, Element 11. Paragraph 60) reflected on the panel (Figure 1, Element 110. Paragraph 49).
Regarding Claim 4, Cho et al. teach the display (Paragraph 50) device of claim 3 (See Above), wherein the one or more instructions, when executed by the at least one processor (Figure 1, Element 140. Paragraphs 57 - 58) individually or collectively, cause the display (Paragraph 50) device to:
control, based on identifying that the gaze direction (Paragraph 82) of the user (Figures 3 - 8, Element 10. Paragraph 61) is directed toward the user image (Figures 3 - 8, Element 11. Paragraph 60) reflected on the panel (Figure 1, Element 110. Paragraph 49), the panel (Figure 1, Element 110. Paragraph 49) such that the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) operates as the mirror (Paragraph 50).
Regarding Claim 5, Cho et al. teach the display (Paragraph 50) device of claim 4 (See Above), wherein the one or more instructions, when executed by the at least one processor (Figure 1, Element 140. Paragraphs 57 - 58) individually or collectively, cause the display (Paragraph 50) device to:
control, based on the information on the position (Figures 4 - 8, Element 21. Paragraphs 61 - 62) of the user (Figures 3 - 8, Element 10. Paragraph 61), the panel (Figure 1, Element 110. Paragraph 49) such that a portion of the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) corresponding to the position (Figures 4 - 8, Element 21. Paragraphs 61 - 62) of the user (Figures 3 - 8, Element 10. Paragraph 61) operates as the mirror (Paragraph 50) and another portion of the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) operates as the display (Paragraph 50).
Regarding Claim 8, Cho et al. teach the display (Paragraph 50) device of claim 1 (See Above), wherein the one or more instructions, when executed by the at least one processor (Figure 1, Element 140. Paragraphs 57 - 58) individually or collectively, cause the display (Paragraph 50) device to:
control the camera (Figure 1, Element 120. Paragraphs 51 and 86) to capture an image of a user’s face (Paragraph 109) based on the panel (Figure 1, Element 110. Paragraph 49) operating as the mirror (Paragraph 50),
analyze a user's facial condition (Element health related information. Paragraph 109) based on the image of the user’s face (Paragraph 109), and
operate the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) as the display (Paragraph 50) to display (Paragraph 50) a facial condition analysis result (Paragraph 111).
Regarding Claim 10, Cho et al. teach the display (Paragraph 50) device of claim 1 (See Above), wherein the panel (Figure 1, Element 110. Paragraph 49) includes at least one of a switchable mirror (Paragraph 50), a half mirror, and an organic light-emitting diode (OLED) display mirror.
Regarding Claim 11, Cho et al. teach an operating method of a display (Paragraph 50) device including a panel (Figure 1, Element 110. Paragraph 49) having at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) that is operable as a mirror (Paragraph 50) and operable as a display (Paragraph 50), the operating method comprising:
capturing an image of a user (Figures 3 - 8, Element 10. Paragraph 61) to obtain a user image (Figures 3 - 8, Element 11. Paragraph 60);
obtaining information on a position (Figures 4 - 8, Element 21. Paragraphs 61 - 62) of the user (Figures 3 - 8, Element 10. Paragraph 61);
obtaining information on a gaze direction (Paragraph 82) of the user (Figures 3 - 8, Element 10. Paragraph 61) based on the user image (Figures 3 - 8, Element 11. Paragraph 60); and
operating the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) as at least one of the mirror (Paragraph 50) and the display (Paragraph 50) based on the information on the position (Figures 4 - 8, Element 21. Paragraphs 61 - 62) of the user (Figures 3 - 8, Element 10. Paragraph 61) and the information on the gaze direction (Paragraph 82) of the user (Figures 3 - 8, Element 10. Paragraph 61).
Regarding Claim 12, Cho et al. teach the operating method of claim 11 (See Above), wherein
the information on the position (Figures 4 - 8, Element 21. Paragraphs 61 - 62) of the user (Figures 3 - 8, Element 10. Paragraph 61) includes information on a distance (Figures 2 - 8. Paragraph 68) between the user (Figures 3 - 8, Element 10. Paragraph 61) and the panel (Figure 1, Element 110. Paragraph 49), and
the operating the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) includes:
operating the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) as the display (Paragraph 50) based on the distance (Figures 2 - 8. Paragraph 68) being greater than or equal to (Paragraph 67) a preset distance (Figures 2 - 8. Paragraph 68).
Regarding Claim 13, Cho et al. teach the operating method of claim 12 (See Above), wherein the obtaining the information on the gaze direction (Paragraph 82) of the user (Figures 3 - 8, Element 10. Paragraph 61) includes:
obtaining information on the gaze direction (Paragraph 82) of the user (Figures 3 - 8, Element 10. Paragraph 61) based on the distance (Figures 2 - 8. Paragraph 68) being less than the preset distance (Figures 2 - 8. Paragraph 68), and
identifying whether the gaze direction (Paragraph 82) of the user (Figures 3 - 8, Element 10. Paragraph 61) is directed toward the user image (Figures 3 - 8, Element 11. Paragraph 60) reflected on the panel (Figure 1, Element 110. Paragraph 49).
Regarding Claim 14, Cho et al. teach the operating method of claim 13 (See Above), wherein the operating the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) includes:
operating the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) as the mirror (Paragraph 50) based on identifying that the gaze direction (Paragraph 82) of the user (Figures 3 - 8, Element 10. Paragraph 61) is directed toward the user image (Figures 3 - 8, Element 11. Paragraph 60) reflected on the panel (Figure 1, Element 110. Paragraph 49).
Regarding Claim 15, Cho et al. teach the operating method of claim 14 (See Above), wherein the operating the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) includes:
based on the information on the position (Figures 4 - 8, Element 21. Paragraphs 61 - 62) of the user (Figures 3 - 8, Element 10. Paragraph 61), operating a portion of the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) corresponding to the position (Figures 4 - 8, Element 21. Paragraphs 61 - 62) of the user (Figures 3 - 8, Element 10. Paragraph 61) as the mirror (Paragraph 50) and operating another portion of the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) as the display (Paragraph 50).
Regarding Claim 18, Cho et al. teach the operating method of claim 11 (See Above), further comprising:
capturing an image of a user’s face (Paragraph 109) to obtain a user’s face (Paragraph 109) image based on the panel (Figure 1, Element 110. Paragraph 49) operating as the mirror (Paragraph 50);
analyzing a user’s facial condition (Element health related information. Paragraph 109) based on the image of the user’s face (Paragraph 109); and
operating the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) as the display (Paragraph 50) to display (Paragraph 50) a facial condition analysis result (Paragraph 111).
Regarding Claim 20, Cho et al. teach a non-transitory computer-readable medium (Paragraph 135) storing a program for executing the operating method according to claim 11 (See Above).
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 6 – 7 and 16 – 17 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (U.S. PG Pub 2022/0365635) in view of Ishihara et al. (U.S. PG Pub 2015/0160721).
Regarding Claim 6, Cho et al. teach the display (Paragraph 50) device of claim 1 (See Above). Cho et al. is silent with regards to wherein the one or more instructions, when executed by the at least one processor individually or collectively, cause the display device to: based on a plurality of users being recognized, capture an image of a first user positioned at a nearest distance from the display device, among the plurality of users, as the user image.
Ishihara et al. teach wherein the one or more instructions, when executed by the at least one processor (Figure 9, Element 901. Paragraph 101) individually or collectively, cause the display device to: based on a plurality of users (Figures 1 – 15, Elements Ua and Ub. Paragraph 40) being recognized, capture an image of a first user (Figures 1 – 15, Element Ua. Paragraph 40) positioned at a nearest distance (Seen in Figures 7A – 7C, 9, and 11A – 12B) from the display device (Figures 1 – 15, Element 151. Paragraph 40), among the plurality of users (Figures 1 – 15, Elements Ua and Ub. Paragraph 40), as the user image.
It would have been obvious to a person of ordinary skill in the art to modify the teachings of the mirror display of Cho et al. with the plurality of users of Ishihara et al. The motivation to modify the teachings of Cho et al. with the teachings of Ishihara et al. is to provide displayed content to a user while considering the positional relationship to others, as taught by Ishihara et al. (Paragraph 5).
Regarding Claim 7, Cho et al. teach the display (Paragraph 50) device of claim 1 (See Above), wherein the panel includes a plurality of areas (Figure 8, Elements 23-1 – 23-4. Paragraph 103), and
the one or more instructions, when executed by the at least one processor (Figure 1, Element 140. Paragraphs 57 - 58) individually or collectively, cause the display (Paragraph 50) device to:
control, based on information on the position and the gaze direction (Paragraph 82) of a first user (Figures 3 - 8, Element 10. Paragraph 61) corresponding to a first area (Figure 8, Element 23-1. Paragraph 103)of the plurality of areas (Figure 8, Elements 23-1 – 23-4. Paragraph 103), the panel (Figure 1, Element 110. Paragraph 49) such that the first area of the plurality of areas (Figure 8, Element 23-1. Paragraph 103)operates as the display (Paragraph 50), and
wherein the user input is the gaze direction (Paragraph 82) and the second operati0on being a mirror (Paragraph 50).
Cho et al. is silent with regards to control, based on information on the position and the user input of a second user corresponding to a second area of the plurality of areas, the panel such that the second area of the plurality of areas operates as the second operation.
Ishihara et al. teach control, based on information on the position and the user input of a second user (Figures 1 – 15, Element Ub. Paragraph 40) corresponding to a second area (Figures 12A and 12B, Element 153B. Paragraph 90) of the plurality of areas, the panel (Figures 1 – 15, Element 151. Paragraph 40) such that the second area (Figures 12A and 12B, Element 153B. Paragraph 90) of the plurality of areas operates as the second operation (Figures 1 – 15, Element 155. Paragraph 42).
It would have been obvious to a person of ordinary skill in the art to modify the teachings of the mirror display of Cho et al. with the plurality of users of Ishihara et al. The motivation to modify the teachings of Cho et al. with the teachings of Ishihara et al. is to provide displayed content to a user while considering the positional relationship to others, as taught by Ishihara et al. (Paragraph 5).
Regarding Claim 16, Cho et al. teach the operating method of claim 11 (See Above). Cho et al. is silent with regards to wherein the capturing the image of the user to obtain the user image includes: based on a plurality of users being recognized, capturing an image of a first user positioned at a nearest distance from the display device, among a plurality of users, as the user image.
Ishihara et al. teach wherein the capturing the image of the user to obtain the user image includes: based on a plurality of users (Figures 1 – 15, Elements Ua and Ub. Paragraph 40) being recognized, capturing an image of a first user (Figures 1 – 15, Element Ua. Paragraph 40) positioned at a nearest distance (Seen in Figures 7A – 7C, 9, and 11A – 12B) from the display device (Figures 1 – 15, Element 151. Paragraph 40), among a plurality of users (Figures 1 – 15, Elements Ua and Ub. Paragraph 40), as the user image.
It would have been obvious to a person of ordinary skill in the art to modify the teachings of the mirror display of Cho et al. with the plurality of users of Ishihara et al. The motivation to modify the teachings of Cho et al. with the teachings of Ishihara et al. is to provide displayed content to a user while considering the positional relationship to others, as taught by Ishihara et al. (Paragraph 5).
Regarding Claim 17, Cho et al. teach the operating method of claim 11 (See Above), wherein the panel (Figure 1, Element 110. Paragraph 49) includes a plurality of areas (Figure 8, Elements 23-1 – 23-4. Paragraph 103), and
the operating the at least a partial area (Figures 3 - 8, Element 22. Paragraph 62) of the panel (Figure 1, Element 110. Paragraph 49) includes:
operating a first area (Figure 8, Element 23-1. Paragraph 103) of the plurality of areas (Figure 8, Elements 23-1 – 23-4. Paragraph 103) as the display (Paragraph 50) based on the information on the position (Figures 4 - 8, Element 21. Paragraphs 61 - 62) and the information on the gaze direction (Paragraph 82) of a first user (Figures 3 - 8, Element 10. Paragraph 61) corresponding to the first area (Figure 8, Element 23-1. Paragraph 103) of the plurality of areas (Figure 8, Elements 23-1 – 23-4. Paragraph 103), and
wherein the user input is the gaze direction (Paragraph 82) and the second operati0on being a mirror (Paragraph 50).
Cho et al. is silent with regards to control, based on information on the position and the user input of a second user corresponding to a second area of the plurality of areas, the panel such that the second area of the plurality of areas operates as the second operation.
Ishihara et al. teach control, based on information on the position and the user input of a second user (Figures 1 – 15, Element Ub. Paragraph 40) corresponding to a second area (Figures 12A and 12B, Element 153B. Paragraph 90) of the plurality of areas, the panel (Figures 1 – 15, Element 151. Paragraph 40) such that the second area (Figures 12A and 12B, Element 153B. Paragraph 90) of the plurality of areas operates as the second operation (Figures 1 – 15, Element 155. Paragraph 42).
It would have been obvious to a person of ordinary skill in the art to modify the teachings of the mirror display of Cho et al. with the plurality of users of Ishihara et al. The motivation to modify the teachings of Cho et al. with the teachings of Ishihara et al. is to provide displayed content to a user while considering the positional relationship to others, as taught by Ishihara et al. (Paragraph 5).
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (U.S. PG Pub 2022/0365635) in view of Kim et al. (U.S. PG Pub 2016/0093081).
Regarding Claim 9, Cho et al. teach the display (Paragraph 50) device of claim 8 (See Above). Cho et al. is silent with regards to wherein the one or more instructions, when executed by the at least one processor individually or collectively, cause the display device to: operate, based on the facial condition analysis result, the at least a partial area of the panel as the display to display recommended products.
Kim et al. teach wherein the one or more instructions, when executed by the at least one processor (Figure 36, Element 170. Paragraph 341) individually or collectively, cause the display device (Figure 36, Element 110. Paragraph 342) to: operate, based on the facial condition analysis result (Element user’s face. Paragraph 211), the at least a partial area (Figure 1, Element 50. Paragraph 82) of the panel as the display (Figure 1, Element 110. Paragraph 81) to display recommended products (Paragraph 214).
It would have been obvious to a person of ordinary skill in the art to modify the teachings of the mirror display of Cho et al. with the advertisement system of Kim et al. The motivation to modify the teachings of Cho et al. with the teachings of Kim et al. is to determine a user tendency based on the user information, as taught by Kim et al. (Paragraph 216).
Regarding Claim 19, Cho et al. teach the operating method of claim 18 (See Above). Cho et al. is silent with regards to further comprising: operating, based on the facial condition analysis result, the at least a partial area of the panel as the display to display recommended products.
Kim et al. teach further comprising: operating, based on the facial condition analysis result (Element user’s face. Paragraph 211), the at least a partial area (Figure 1, Element 50. Paragraph 82) of the panel as the display (Figure 1, Element 110. Paragraph 81) to display recommended products (Paragraph 214).
It would have been obvious to a person of ordinary skill in the art to modify the teachings of the mirror display of Cho et al. with the advertisement system of Kim et al. The motivation to modify the teachings of Cho et al. with the teachings of Kim et al. is to determine a user tendency based on the user information, as taught by Kim et al. (Paragraph 216).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lashina et al. (U.S. PG Pub 2009/0322678) teach with input areas for a plurality of users similar to the instant invention.
Cao et al. (U.S. PG Pub 2021/0033760) teach a smart mirror that does gaze detection similar to the instant invention.
Haas et al. (U.S. PG Pub 2021/0193085) teach a camera that is used to control content displayed on a display mirror, similar to the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW B SCHNIREL whose telephone number is (571)270-7690. The examiner can normally be reached Monday - Friday, 10 - 6 EST.
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/A.B.S/Examiner, Art Unit 2625 /WILLIAM BODDIE/Supervisory Patent Examiner, Art Unit 2625
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