Office Action 3: Notice of Allowance (2025-02-20)

CLAIMS:
AMENDMENTS TO THE CLAIMS

1-20. (Cancelled)219

21\. (Previously presented) A therapeutic training device comprising:a head mounted display comprising:
an outward facing video display comprising a transparency that is variable; and
a light having an adjustable brightness to illuminate eyes of a wearer,
wherein adjusting at least one of the transparency and the brightness allows an observer to see the eyes of the wearer through the outward facing video display.

22\. (Previously presented) The therapeutic training device of claim 21, comprising a controller configured to inversely adjust the transparency of the outward facing video display and the brightness of the light.

23\. (Previously presented) The therapeutic training device of claim 21, wherein the outward facing video display comprises a display selected from the group consisting of a video projector,
a LCD display, a LED display, and a quantum dot display.

24\. (Previously presented) The therapeutic training device of claim 21, wherein the outward facing video display comprises a plurality of outward facing video displays.

25\. (Previously presented) The therapeutic training device of claim 21, further comprising eye tracking components and software.

26\. (Previously presented) The therapeutic training device of claim 21, further comprising a controller configured to adjust the transparency of the outward facing video display, and to adjust the brightness of the light.

27\. (Currently amended) A therapeutic training device, comprising:eyeglass frames;
an outward facing video display positioned within the eyeglass frames; and
a controller coupled to the outward facing video display to control a display of media content on the video display, wherein a level of the media content is selectively adjustable such that the display of media content and eyes of a user are each selectively viewable by a patient when the therapeutic training device is worn by the user,
wherein the outward facing video display is see-through from the side of the user.

28\. (Previously presented) The device of claim 27, wherein the outward facing video display comprises a display selected from the group consisting of a video projector, a LCD display, a LED display, or a quantum dot display.

29\. (Previously presented) The device of claim 27, wherein the outward facing video display comprises a plurality of outward facing video displays.

30\. (Currently amended) The device of claim 27, wherein the level of the media content comprises a level of a characteristic selected from the group consisting of brightness, transparency, and opacity.

31\. (Currently amended) The device of claim 27, wherein a visibility of the eyes of the user by the patient is variable based on the level of the media content displayed on the outward facing video display.

32\. (Currently amended) The device of claim 31, wherein the level of the media content displayed on the outward facing video display is configured to be adjusted manually by the user.

33\. (Currently amended) The device of claim 31, wherein the level of the media content displayed on the outward facing video display is configured to be adjusted by software.

34\. (Currently amended) The device of claim 27, further comprising eye tracking components and software.

35\. (Currently amended) The device of claim 31, wherein the device further comprises a light having an adjustable brightness and configured to illuminate eyes of the user to increase the visibility of the eyes of the user by the patient.

36\. (Currently amended) The device of claim 35, further comprising a controller configured to inversely adjust the level of the media content displayed on the outward facing video display and the brightness of the light.

OFFICE ACTION:
Reasons for Allowance
Claims 21-36 are allowed.
The following is an examiner’s statement of reasons for allowance:
The closest cited prior art reference of record to the instant invention is Ive (US 2024/0012601). Ive discloses a wearable head-mounted display for facilitating enhanced interaction where the wearer’s eyes is displayed on an outward-facing display. However, the head-mounted display of Ive does not disclose at least a video display having a variable transparency, an adjustable brightness to illuminate the eyes of the wearer, and adjusting the transparency or brightness so that an observer can see the eyes of the wearer through the display.
Saur (US 2018/0308451) describes a wearable LCD display with “LCD shutter technology” that can change the opacity of the LCD display. However, Saur the LCD display of Saur is inward-facing and Saur does not contemplate an outward-facing LCD display allowing an outside observer to see the wearer’s eyes.
Samec (US 2016/0270656) was relied upon for its disclosure of illuminating the eyes of the user. However, Samec illuminates the eyes of the user by directing a beam into the eye of the user. Samec does not contemplate illuminating the eyes of the user so that an outside observer can see the wearer’s eyes.
None of the cited prior art references of record, alone or in combination, anticipate or render obvious at least the limitations of “an outward facing video display comprising a transparency that is variable; and a light having an adjustable brightness to illuminate eyes of a wearer, wherein adjusting at least one of the transparency and the brightness allows an observer to see the eyes of the wearer through the outward facing video display” of independent claim 21, or the limitations of “an outward facing video display positioned within the eyeglass frames; and a controller coupled to the outward facing video display to control a display of media content on the video display, wherein a level of the media content is selectively adjustable such that the display of media content and eyes of a user are each selectively viewable by a patient when the therapeutic training device is worn by the user, wherein the outward facing video display is see-through from the side of the user.” of independent claim 27.
The Examiner notes that the term “level of media content” is explicitly defined by the instant specification publication paragraph [0041] as follows: “As used herein, the term “level of media content” is understood to describe a physical characteristic of media content which may be adjusted to increase or decrease a perceivable amount of the displayed media content on a therapeutic training device disclosed herein, including but not limited to an opacity, a brightness, or a transparency of the displayed media content.”
Therefore, no statutory rejections regarding subject-matter eligibility or prior art exist, and claims 21-36 are allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”

APPLICANT REBUTTAL: REMARKS/ARGUMENTS
This paper is submitted as a response to the Advisory Action mailed January 31, 2025 and the final Office Action mailed October 23, 2024. At the time of receiving the Office Action and the Advisory Action, claims 21-36 were pending, and claims 1-20 were cancelled. In the Office Action, claims 21-26 are allowed. Claims 27-36, however, were rejected under 35 U.S.C. § 103 as unpatentable over Ive et al. (US 2024/0012604; hereinafter, "Ive") in view of Saur et al. (US 2018/0308451; hereinafter "Saur"), and in the cases of claims 30, 35, and 36, further in view of Samec et al. (US 2016/0270656; hereinafter "Samec"). In the Advisory Action, the claims were rejected because they failed to comply with 37 CFR 1.121.
By this paper, Applicant resubmits amendments to claims 27 and 30-36, which now comply with 37 CFR 1.121. The substance of the present claims is identical to the claims previously filed in the After Final on January 22, 2025. No claims are presently cancelled or added, and no new matter is added.
Rejections under 35 U.S.C.
§
Although claims 21-26 are allowed, the Office rejects claims 27-36 as unpatentable over Ive in view of Saur (and in some cases, in further view of Samec). Applicant respectfully traverses these rejections.
Notably, the Office states that Applicant's arguments were successful regarding independent claim 21, but that independent claim 27 does not contain the limitations based on which claim 21 is deemed patentable. In particular, the Office states:
claim 27 instead recites that the outward facing video display 'is see- through from the side of the user.' This implies that the display is not necessarily
see-through from the side of the viewer. Claim 27 has no mention of transparency, illumination, or seeing the eyes of the wearer, and therefore remains rejected under
35 USC 103 in view of Ice and Saur supra.
In light of the Office's comments, claim 27 is herein amended to recite a therapeutic training device, comprising: eyeglass frames; an outward facing video display positioned within the eyeglass frames; and a controller coupled to the outward facing video display to control a display of media content on the video display, wherein a level of the media content is selectively adjustable such that the display of media content and eyes of a user are each selectively viewable by a patient when the therapeutic training device is worn by the user, wherein the outward facing video display is see-through from the side of the user.
This clarification shows that the device, as set forth in claim 27, differs substantially from Ive, in which the user can see only an inward-facing screen (which can display the user's surroundings, but which is not see-through to allow the user to see their surroundings directly). Similarly, although an observer of the Ive device can, in some cases, see a representation of the user's eyes on an outward facing screen, the observer cannot see the user's actual eyes, because the display is not transparent. Indeed, if the Ive device were to lose power or malfunction, the wearer would need to remove the device in order to see their surroundings or to allow observers to see their eyes.
The amendments also introduce patentable features of claim 21 (albeit, in different wording) into claim 27.
In light of the foregoing, it is Applicant's belief that the claim set as provided herein overcomes all rejections made by the Office in the Action. Thus, Applicant respectfully submits
that for at least the reasons provided herein, the claim set as provided herein overcomes all rejections made by the Office in the Action.
Applicant also submits that the amendments to the claims are supported by the original disclosure as filed, as evidenced by at least paragraphs [0001] and [0010] of the specification.
CONCLUSION


CITED REFERENCE SUMMARIES: Ref US20240012601: Claims:
1. A wearable electronic device, comprising:
a housing; a wearer-facing camera positioned in the housing and configured to capture first images of a wearer; and an outward-facing display positioned in the housing and configured to display second images based on the captured images.
2. The wearable electronic device of claim 1, further comprising a processor operatively coupled to the wearer-facing camera and the outward-facing display and configured to modify the captured first images to produce the second images.
3. The wearable electronic device of claim 1, wherein the second images have the same content as the captured first images.
4. The wearable electronic device of claim 1, wherein:
the captured first images include video images of the wearer's eyes; and the second images include video images of different eyes that are coordinated with the video images of the wearer's eyes.
5. The wearable electronic device of claim 2, wherein:
the wearable electronic device further comprises an outward-facing sensor configured to detect an environmental condition of an environment surrounding the wearable electronic device; and the processor is further configured to modify the captured first images based on the environmental condition.
6. The wearable electronic device of claim 5, wherein:
the environmental condition is a lighting condition; and the processor is further configured to modify the captured first images to substantially match the lighting condition.
7. The wearable electronic device 5, wherein:
the environmental condition is a presence of an observer; and the processor is further configured to:
determine whether the observer matches a known contact of the wearer; and
in response to determining that the observer matches a known contact of the wearer, modifying the captured first images by obscuring identifiable physical features of the wearer.
8. A wearable electronic device, comprising:
a housing; a first camera positioned in the housing and configured to capture images of a wearer; a second camera positioned in the housing and configured to capture images of an observer; a wearer-facing display positioned in the housing and configured to display first visual output based on the images of the observer; an outward-facing display positioned in the housing and configured to display second visual output based on the images of the wearer; and a processor operatively coupled to the first camera, the second camera, the wearer-facing display, and the outward-facing display.
9. The wearable electronic device of claim 8, wherein the processor is configured to:
generate an at least partially virtual scene for display on the wearer-facing display; and integrate the images of the observer into the at least partially virtual scene.
10. The wearable electronic device of claim 8, wherein the processor is configured to:
generate an at least partially virtual scene for display on the wearer-facing display; and cause the images of the observer to be displayed in a discrete window that overlays the at least partially virtual scene.
11. The wearable electronic device of claim 8, wherein:
the processor is configured to colorize the images of the wearer, thereby producing colorized images of the wearer; and the first visual output comprises the colorized images of the wearer.
12. The wearable electronic device of claim 8, wherein the processor is configured to cause the first visual output and the second visual output to be displayed at substantially the same time.
13. The wearable electronic device of claim 8, wherein the processor is configured to:
analyze the captured images to detect a first physical characteristic of the wearer; determine whether the first physical characteristic is indicative of a particular expression; and in accordance with a determination that the first physical characteristic is indicative of the particular expression, produce the second visual output by modifying the captured images to exaggerate a second physical characteristic of the wearer.
14. The wearable electronic device of claim 13, wherein the processor is further configured to, in accordance with a determination that the first physical characteristic is not indicative of the particular expression, produce the second visual output without exaggerating the second physical characteristic of the wearer.
15. The wearable electronic device of claim 13, wherein the first physical characteristic and the second physical characteristic are the same physical characteristic.
16. The wearable electronic device of claim 15, wherein the first physical characteristic and the second physical characteristic comprise a size of an eye.
17. A wearable electronic device, comprising:
a housing; a camera positioned in the housing and configured to capture images of a wearer; a sensor configured to detect an environmental condition of an environment surrounding the wearable electronic device; and an outward-facing display positioned in the housing and configured to display visual output based on the captured images.
18. The wearable electronic device of claim 17, wherein:
detecting the environmental condition comprises detecting a position of an observer relative to the outward-facing display; and the wearable electronic device is configured to produce the visual output by skewing and/or stretching the captured images in accordance with the detected position.
19. The wearable electronic device of claim 18, wherein the wearable electronic device is configured to:
periodically update the detected position of the observer relative to the outward-facing display; and periodically update the visual output by skewing and/or stretching the captured images in accordance with the updated detected position.
20. The wearable electronic device of claim 17, wherein the sensor is selected from the group consisting of: a light detection and ranging sensor; a radio detection and ranging sensor; an optical object detection sensor; and an acoustic object detection sensor.
Ref US20180308451: Claims:
1. A method for operating a head-wearable presentation apparatus, including the steps of:
capturing data that are representative of at least one state variable of the head of a person wearing the head-wearable presentation apparatus, evaluating the captured data in order to determine the at least one state variable of the head, and modifying a degree of transparency of at least one playback arrangement of the head-wearable presentation apparatus if the at least one state variable of the head corresponds to a predetermined state variable.
2. The method as claimed in claim 1, wherein the data that are representative of at least one state variable of the head represent orientation data and the at least one state variable of the head contains the viewing direction of the person wearing the head-wearable presentation apparatus.
3. The method as claimed in claim 2, wherein the data that are representative of at least one state variable of the head also represent position data of the head-wearable presentation apparatus in addition to the orientation data and the at least one state variable of the head also contains the position of the person wearing the head-wearable presentation apparatus in addition to the viewing direction.
4. The method as claimed in claim 2, wherein reference data for the data representing the at least one state variable of the head are captured by targeting a reference point.
5. The method as claimed in claim 1, wherein the data that are representative of at least one state variable of the head contain movement data and/or acceleration data of the head-wearable presentation apparatus and the at least one state variable of the head contains a head movement of the person wearing the head-wearable presentation apparatus.
6. The method as claimed in claim 1, wherein image data are captured, by means of at least one camera that is assigned to the head-wearable presentation apparatus, as data that are representative of the at least one state variable of the head, the at least one state variable of the head contains the viewing direction of the person wearing the head-wearable presentation apparatus and the image data are evaluated for the purposes of determining the viewing direction in order to determine the image content, with a predetermined viewing direction being deduced if a predetermined image content is present, or for the purposes of creating a map of the surroundings in which the orientation and the position of the head of the person wearing the head-wearable presentation apparatus are known.
7. A computer program product with program code for carrying out the method as claimed in claim 1 when the program code is loaded onto a computer and/or executed on a computer.
8. A head-wearable presentation apparatus having a capturing unit with means for capturing data that are representative of at least one state variable of the head of a person wearing the head-wearable presentation apparatus, having an evaluation unit for evaluating the captured data in order to determine the at least one state variable of the head therefrom, and having an actuation unit for modifying a degree of transparency of at least one playback arrangement of the head-wearable presentation apparatus if the at least one state variable of the head corresponds to a predetermined state variable.
9. The head-wearable presentation apparatus as claimed in claim 8, wherein the data represent orientation data and the at least one state variable of the head contains the viewing direction of the person wearing the head-wearable presentation apparatus.
10. The head-wearable presentation apparatus as claimed in claim 9, wherein the data also represent position data of the head-wearable presentation apparatus in addition to the orientation data and the at least one state variable of the head also contains the position of the person wearing the head-wearable presentation apparatus in addition to the viewing direction.
11. The head-wearable presentation apparatus as claimed in claim 9, wherein there is a reference point for capturing reference data for the data representing the at least one state variable of the head.
12. The head-wearable presentation apparatus as claimed in claim 8, wherein the data contain movement data and/or acceleration data of the head-wearable presentation apparatus and the at least one state variable of the head contains a head movement of the person wearing the head-wearable presentation apparatus.
13. The head-wearable presentation apparatus as claimed in claim 8, wherein the head-wearable presentation apparatus is embodied to capture, by means of at least one camera that is assigned to the head-wearable presentation apparatus, image data as data that are representative of the at least one state variable of the head, wherein the at least one state variable of the head contains the viewing direction of the person wearing the head-wearable presentation apparatus, and to evaluate the image data for the purposes of determining the viewing direction in order to determine the image content and to deduce a predetermined viewing direction if a predetermined image content is present or for the purposes of creating a map of the surroundings in which the orientation and the position of the head of the person wearing the head-wearable presentation apparatus are known.
14. A medical-optical observation system having a medical-optical observation appliance and a head-wearable presentation apparatus as claimed in claim 8.
Ref US20160270656: Claims:
1. A user-wearable diagnostic health system comprising:
a frame configured to mount on the user; an augmented reality display attached to the frame and configured to direct images to an eye of the user; a light detector attached to the frame and configured to detect light reflected from an eye of the user; and a processor configured to conduct a health analysis of the user based on light detected by the light detector.
2. The user-wearable diagnostic health system of claim 1, wherein the augmented reality display comprises a waveguide configured to:
allow a view of the world through the waveguide; and form images by directing light out of the waveguide and into an eye of the user.
3. The user-wearable diagnostic health system of claim 2, wherein the waveguide is part of a stack of waveguides, wherein each waveguide of the stack is configured to output light with different amounts of divergence in comparison to one or more other waveguides of the stack of waveguides.
4. The user-wearable diagnostic health system of claim 1, wherein the light detector is an image capture device.
5. The user-wearable diagnostic health system of claim 1, wherein the light detector is configured to track movement of eyes of the user.
6. The user-wearable diagnostic health system of claim 1, further comprising a light source configured to emit light towards the user, wherein the light detector is configured to detect all or portions of the emitted light reflected by the user.
7. The user-wearable diagnostic health system of claim 6, wherein the light source is configured to emit non-visible light.
8. The user-wearable diagnostic health system of claim 7, wherein the non-visible light is infrared light.
9. The user-wearable diagnostic health system of claim 6, wherein the light source is configured to emit light of multiple wavelengths, wherein the system is configured to change the emitted wavelength based on features of the user to be imaged.
10. The user-wearable diagnostic health system of claim 1, wherein the augmented reality display is a fiber scanning display comprising fibers configured to project light in a pattern to form images in the eye of the user.
11. The user-wearable diagnostic health system of claim 10, wherein the light detector comprises the fibers of the fiber scanning display, wherein the fibers are configured to receive light to image the eye of the user.
12. The user-wearable diagnostic health system of claim 10, wherein the fiber scanning display is configured to project light to the eye through the fibers and to receive reflected portions of the light during the health analysis.
13. The user-wearable diagnostic health system of claim 12, wherein the fiber scanning display is configured to change a wavelength of light projected through the fibers into the eye.
14. The user-wearable diagnostic health system of claim 13, wherein the fiber scanning display is configured to change the wavelength of light projected through the fibers to provide depth information for tissue that the light is reflected from.
15. The user-wearable diagnostic health system of claim 1, wherein the processor is configured to conduct the health analysis by monitoring an eyelid of the user.
16. The user-wearable diagnostic health system of claim 1, wherein the processor is configured to conduct the health analysis by monitoring a pupil of the user.
17. The user-wearable diagnostic health system of claim 1, wherein the processor is configured to conduct the health analysis by detecting, using information captured by the light detector, one or more of: eye movements, eye movement patterns, blinking patterns, eye vergence, fatigue, changes in eye color, depth of focus of the eye, and changes in focal distance for the eye.
18. The user-wearable diagnostic health system of claim 1, wherein the processor is configured to conduct the health analysis by detecting, using information captured by the light detector, one or more of: eye fatigue, dry eye, and hypertension.
19. The user-wearable diagnostic health system of claim 1, wherein the processor is configured to conduct a health analysis of the user by applying pattern recognition to light detected by the light detector.
20. The user-wearable diagnostic health system of claim 1, wherein the processor is configured to conduct the health analysis by detecting an intraocular pressure of the eye.
21. The user-wearable diagnostic health system of claim 20, wherein the processor is configured to detect intraocular pressure based on an amount or density of backscattered light detected by the light detector.
22. The user-wearable diagnostic health system of claim 1, wherein the processor is configured to conduct the health analysis by directing the augmented reality display to provide light stimulation to the eye of the user.
23. The user-wearable diagnostic health system of claim 1, further comprising one or more sensors configured to conduct a non-eye diagnostic of the user.
24. The user-wearable diagnostic health system of claim 23, wherein the one or more sensors comprises an EEG sensor, wherein the processor is configured to conduct the health analysis by detecting brain activity.
25. The user-wearable diagnostic health system of claim 24, wherein the system is configured to issue an alert triggered by the detection of brain activity, wherein the alert is issued to one or both of the user and a clinician.
26. The user-wearable diagnostic health system of claim 23, wherein the one or more sensors comprises one or more sensors selected from the group consisting of temperature sensors, pressure sensors, light sensors, non-invasive blood glucose sensors, and ETCO2 sensors.
27. The user-wearable diagnostic health system of claim 1, further comprising one or more sensors configured to monitor one of more conditions of the ambient environment of the user, wherein the system is configured to conduct the health analysis using data collected by the one or more sensors.
28. The user-wearable diagnostic health system of claim 27, wherein the one or more sensors comprises a camera configured to image the ambient environment.
29. The user-wearable diagnostic health system of claim 28, wherein the camera and processor are configured to identify and analyze food, drug, nutrients and toxins that the user intakes.
30. The user-wearable diagnostic health system of claim 28, wherein the processor is configured to determine a head pose of the user based on information received from the camera.
31. The user-wearable diagnostic health system of claim 27, wherein processor is configured to correlate the one of more conditions of the ambient environment with other user health data.
32. The user-wearable diagnostic health system of claim 27, wherein the one or more sensors comprises one or more of location and orientation sensors.
33. The user-wearable diagnostic health system of claim 32, wherein the one or more of location and orientation sensors comprise an accelerometer, a GPS sensor, a compass, a gyroscope, an inertial measurement device, and a camera.
34. The user-wearable diagnostic health system of claim 32, wherein the processor is configured to conduct the health analysis by determining environmental information based upon a location of the user.
35. The user-wearable diagnostic health system of claim 34, wherein the processor is configured to conduct the health analysis by accessing information characterizing the location, wherein the information comprises one or more of pollen count, demographics, air pollution, environmental toxins, poverty, lifestyle statics, or proximity to a health-care provider.
36. The user-wearable diagnostic health system of claim 35, wherein the processor is configured to access remotely-stored information.
37. The user-wearable diagnostic health system of claim 27, wherein the one or more sensors comprises a microphone.
38. The user-wearable diagnostic health system of claim 37, wherein the system is configured to detect eating by a user by detecting sounds indicative of chewing by the user.
39. The user-wearable diagnostic health system of claim 1, wherein the processor is configured to perform the health analysis autonomously.
40. The user-wearable diagnostic health system of claim 1, wherein the processor is configured to perform the health analysis semi-autonomously with input from a clinician.
41. The user-
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