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 .
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.
Claim(s) 1, 3-6, 11-13, 16-17, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being obvious over Liao (United States Patent Application Publication 2021/0132384) in view of Sharma (United States Patent Publication 10, 718, 886 B1).
With respect to claims 1 and 3, Liao discloses a wearable electronic device (see fig.1), comprising: a housing (see the housing of fig.1); a light output module (see electronic display disclose disclosed in para.[0026]) disposed in the housing and configured to output an image; at least one display member (at least elements: 158A in fig.1 and 140A) disposed in the housing, the at least one display member including an optical element (see at least 140A,150A and 158A) including a waveguide (see 158A in fig.1) configured to guide light generated from the light output module and including a first surface (see the top surfaces of 140A in fig.1) and a second surface opposite to the first surface (see the rear surface of 423 in fig.4), a first window member (see 150A in fig.1) disposed on the first surface, and a second window member (see front surface 422 in fig.4 or entirety of 422 or transparent layer 470) disposed on the second surface (423) and including a first recess facing the second surface (see recesses in 423 in fig.4 ) ; and at least one light emitting unit disposed in the first recess (337B in fig.4), wherein the optical element includes a display area (see the area of the waveguide 158A), in which the waveguide is disposed (see the waveguide 158A disposed in the central region of 150A and 140A), and a dummy area (see region outside of waveguide 158A ) surrounding the display area (see region of 158A) that does not transfer the light generated from the light output module (examiner note’s that a region of the lens does transfer the light generated from the light output module and a region of the lens does not transfer the light generated from the light output module via the waveguide; the region of the lens that does not transfer the light generated from the light output module via the waveguide in fig.1, is positioned to satisfy the requirements of a dummy region), and wherein the at least one light emitting unit is disposed in the dummy area (see e.g. the disposition in fig.6 and disposition of light emitting units in fig.1), further comprising a transparent electrode film (see 470; para.[0037]: “The electrical traces may be made from a transparent or semi-transparent oxide that is a conductor or semiconductor.”: 337A ) disposed in the first recess (see the recesses at least located where the light sources are placed in fig.4) and connected with the at least one light emitting unit (see at least 337 in the configuration of fig.4).
But Liao does not disclose wherein the at least one light emitting unit is disposed at an edge of the dummy area.
Sharma discloses wherein the at least one light emitting unit (see the disposure of the light emitting elements 850 in fig.8) is disposed at an edge of the dummy area (wherein the dummy area is defined by the region outside the wave guide in fig.8).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Liao with the teaching of Sharma so that the at least one light emitting unit is disposed at an edge of the dummy area to improve eye tracking by increase the variety of locations wherein light emitting units are placed.
With respect to claim 4, Liao in view of Sharma discloses the wearable electronic device of claim 3, but Sharma does not disclose wherein the at least one light emitting unit is disposed between the electrode film and the optical element.
Sharma discloses wherein the at least one light emitting unit is disposed behind the electrode film (see configuration of 6A).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify the arrangement of parts of Liao in view of Sharma with the teaching of Sharma so that the at least one light emitting unit is disposed between the electrode film and the optical element to enhance electrical performance and temperature control.
With respect to claim 6, Liao in view of Sharma discloses the wearable electronic device of claim 3, discloses wherein the at least one light emitting unit includes a first light emitting unit surface (see 337A) and a second light emitting unit (see 337E) surface opposite to the first light emitting unit surface (see wherein each light emitting surface is on opposite sides of the structure of fig.4; also see the configuration of 8B which discloses 837A and 837D).
Liao does not disclose wherein a first light emitting unit faces the electrode film and wherein the at least one light emitting unit has a flip chip structure emitting light from the first light emitting unit surface and the second light emitting unit surface.
Sharma discloses a first light emitting unit faces the electrode film (see the configuration of 6A: 611 and 617) and wherein the at least one light emitting unit has a flip chip structure (see the flipchip configuration of 6A) emitting light from the first light emitting unit surface (see configuration of 6A).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify the arrangement of parts of Liao in view of Sharma with the teaching of Sharma so that a first light emitting unit faces the electrode film and wherein the at least one light emitting unit has a flip chip structure emitting light from the first light emitting unit surface and the second light emitting unit surface to enhance electrical performance and temperature control.
With respect to claim 5, Liao in view of Sharma discloses the wearable electronic device of claim 3, Liao discloses wherein the second window member includes a second recess extending from the first recess (see the ring of 722 in fig.7A) and accommodating the at least one light emitting unit (see the accommodation of a plurality of light sources in fig.6), and wherein at least a portion of the electrode film is disposed between the at least one light emitting unit and the optical element (see[0053]: FIG. 7B illustrates electrical traces 761 and 762 that are patterned onto the grooves 771 and 772 and transparent substrate 723. Electrical traces 762 are shown as a continuous line and electrical traces 761 ).
With respect to claim 11, Liao in view of Sharma discloses the wearable electronic device of claim 1, Liao discloses further comprising at least one first camera module (108B) configured to detect a trajectory of a user's gaze based on light emitted from the at least one light emitting unit.
With respect to claim 12, Liao discloses the wearable electronic device of claim 1, further comprising a sealing member (see 470) surrounding at least a portion of the at least one light emitting unit (see 377C in fig.4).
With respect to claim 13, Liao in view of Sharma discloses the wearable electronic device of claim 1, Liao discloses wherein the at least one light emitting unit includes a light emitting diode configured to emit an infrared band of light (see para.[0025]: “the in-field light sources 126 of the illumination layer 130A may be configured to emit infrared illumination”).
With respect to claim 16-17, 19 and 20, Liao discloses a wearable electronic device (see fig.1 and fig.2 of Liao), comprising: a lens frame (see 102; also see back and bottom of 102); a wearing member coupled to at least a side of the lens frame (see 104A and B); a light output module (see electronic display disclose disclosed in para.[0026]) configured to output an image; at least one display member disposed in the lens frame (see 158A) and including an optical element (see at least 140A, 150A in fig.1, and 423 in fig.4) including a display area (see central portion of 158A) configured to display light generated from the light output module and a dummy area (see inner portion of 102 and region immediately surrounds the wave guide) surrounding the display area (defined by the waveguide 158A) and facing the lens frame (inner portion of 102 that immediately surrounds 150A faces the front and back of 102), wherein the dummy area (see region outside of waveguide 158A ) does not transfer the light generated from the light output module (examiner note’s that a region of the lens does transfer the light generated from the light output module and a region of the lens does not transfer the light generated from the light output module via the waveguide; the region of the lens that does not transfer the light generated from the light output module via the waveguide, is positioned in fig.1 to meet this limitation) , a first window member (see 150A) disposed on a first surface of the optical element (140A), and a second window member (see 422 in fig.4) disposed on a second surface of the optical element (see 423), opposite to the first surface (see the opposite disposition of 140A), wherein the second window member includes a first recess facing the dummy area (see where 337A is placed in fig.4), and the wearable electronic device further includes a transparent electrode film disposed in the first recess and connected with the at least one light emitting unit (see 470; para.[0037]: “The electrical traces may be made from a transparent or semi-transparent oxide that is a conductor or semiconductor.”), further comprising at least one first camera (see 108) module configured to detect a trajectory of a user's gaze based on light emitted from the at least one light emitting unit (see 126 in fig.1), further comprising a sealing member surrounding at least a portion of the at least one light emitting unit (see encapsulation layer formed by 422 or 470 in fig.4).
But Liao does not disclose at least one light emitting unit disposed between an edge of the dummy area and the second window member, between the edge of the dummy area and the first window member, or in the edge of the dummy area.
Sharma discloses placing light emitting unit (850) at an edge of and within the dummy area (i.e. outside of the region where waveguide 860B is located; see fig.8).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Liao with the teaching of Sharma so that the light emitting unit is disposed between the edge of the dummy area defined by the surface under the light emitting unit and outside of display area and the second window member, between the edge of the dummy area and the first window member, or in the edge of the dummy area to improve eye tracking by increase the variety of locations wherein light emitting units are placed.
Claim(s) 7, 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liao (United States Patent Application Publication 2021/0132384) in view of Sharma (United States Patent Publication 10, 718, 886 B1) and Sharma (United States Patent Publication 11, 614, 638 B1).
With respect to claims 7 and 8, Liao in view of Sharma discloses the wearable electronic device of claim 1, and wherein the second window member (in alternative interpretation: transparent layer 470 in fig.4) includes a second inner surface (see curved inner surface 470 ) facing the second surface (rear surface of 140A) and a curved second outer (see the curved outer surface of 470) surface opposite to the second inner surface (see the inner surface of 470), further comprising a lens structure (see in alternative interpretation 422) configured to refract at least a portion of light and facing the second outer surface (see backside of 470) but does not disclose wherein the first window member includes a first inner surface facing the first surface and a curved first outer surface opposite to the first inner surface.
Sharma (11, 614, 638) discloses a first inner surface (see inner surface of 1225 in fig.12) facing the first surface (see surface of 1223) and a curved first outer surface opposite to the first inner surface (see the outer surface of 1227 in fig.12).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Liao with Sharma the teaching of Sharma (11, 614, 638) so that the first window member includes a first inner surface facing the first surface and a curved first outer surface opposite to the first inner surface to facilitate the focusing of external light and to improve visual quality of the user.
With respect to claim 18, Liao in view of Sharma discloses the wearable device of claim 16, wherein the first window member includes a first inner surface (see the inner surface of 150A) facing the first surface (140A in fig.1), and wherein the second window member includes a second inner surface (see surface 470 in fig.4) facing the second surface (see the second surface of 423 in fig.4) and a curved second outer surface opposite to the second inner surface (see the curve disclosed in fig.4, 321) but does not disclose a curved first outer surface opposite to the first inner surface.
Sharma (11, 614, 638) discloses a first inner surface (see inner surface of 1225 in fig.12) facing the first surface (see surface of 1223) and a curved first outer surface opposite to the first inner surface (see the outer surface of 1227 in fig.12).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Liao with Sharma the teaching of Sharma (11, 614, 638) so that the first window member includes a first inner surface facing the first surface and a curved first outer surface opposite to the first inner surface to facilitate the focusing of external light and to improve visual quality of the user.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liao (United States Patent Application Publication 2021/0132384) in view of Sharma (United States Patent Publication 10, 718, 886 B1) and Walter (CN 103429143 B).
With respect to claim 9, Liao in view of Sharma discloses the wearable electronic device of claim 1, Liao discloses wherein the housing includes a lens frame accommodating the display member (see 110A in fig.1) and a wearing member extending from the lens frame (see 104A and B) but does not don’t disclose accommodating a circuit board on which a processor is mounted.
Walter discloses accommodating a circuit board on which a processor is mounted (see 12th para.:” a processing unit can be located on the camera integrated circuit board, or the locating head mounting pieces or (for example in the side bar 5l or 1 of the glasses device 5r) of a separate integrated circuit board.”).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Liao in view of Sharma with the teaching of Walter so that the housing accommodate a circuit board on which a processor is mounted to enhance the versatility of the wearable electronic device.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liao (United States Patent Application Publication 2021/0132384) in view of Sharma (United States Patent Publication 10, 718, 886 B1) , Walter (CN 103429143 B) and Nelson (CA 2836779C).
With respect to claim 10, Liao in view of Sharma and Walter discloses the wearable electronic device of claim 9, but does not disclose further comprising a wiring structure connecting the circuit board and the at least one light emitting unit, wherein the lens frame overlaps at least a portion of the wiring structure.
Nelson discloses a wiring structure (see 26) connecting the circuit components and the at least one light emitting unit (pg.18, lines 25-30: Cable(s) 26 may include individual cables or sets of wires coupled to the cameras 12, 13b, battery 18 (FIG. 1), light sources, and/or other components), wherein the lens frame overlaps at least a portion of the wiring structure (pg.18, lines 25-30: For example, individual cables or sets of wires (not shown) may be embedded in the frame 11, e.g., along the rim from the cameras 12, 13b, and the like, until captured within the cable 26, e.g., to reduce the overall profile of the frame 11).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Liao in view of Sharma and Walter with the teaching of Nelson so that a wiring structure connecting the circuit board and the at least one light emitting unit, wherein the lens frame overlaps at least a portion of the wiring structure to enhance control of the wearable electronic device while reducing the obtrusiveness of the components.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liao (United States Patent Application Publication 2021/0132384) in view of Sharma (United States Patent Publication 10, 718, 886 B1) and Anderson (United States Patent Application Publication 2015/0061996 A1).
With respect to claim 14, Liao in view of Sharma discloses the wearable electronic device of claim 11, but does not disclose further comprising: a second camera module configured to capture an external image; and at least one third camera module configured to capture a user's motion.
Anderson discloses a second camera module configured to capture an external image (see the external position of 18 in fig.1A); and at least one third camera module configured to capture a user's motion (see para.[0071]: Images captured by scene camera 18 and processed by device 10 or a connected system, resulting in a detection of changes in light, identified object(s), identified pattern(s) and identified gesture(s) using computer vision algorithms; para.[0061]: indicates a plurality : Objects detected using scene camera(s) 18 may include characteristic structures or objects as well as bar codes.).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify the wearable electronic device of Liao in view of Sharma with the teaching of Anderson so that a second camera module configured to capture an external image; and at least one third camera module configured to capture a user's motion to enhance the functionality of the wearable electronic device.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liao (United States Patent Application Publication 2021/0132384) in view of Sharma (United States Patent Publication 10, 718, 886 B1) and Song (CN 208805638 U).
With respect to claim 15, Liao in view of Sharma discloses the wearable electronic device of claim 1, wherein the housing includes: a first housing formed to surround at least a portion of a user's head (see the side frame of 104B); a second housing coupled to the first housing and configured to rest on the user's face (see the front part of 102 in fig.1)but does not disclose and a third housing coupled to the first housing and configured to rest on a back of the user's head.
Song discloses wherein the housing includes: a first housing formed to surround at least a portion of a user's head (see side legs of fig.1); a second housing coupled to the first housing and configured to rest on the user's face (see the front part in fig.1) and a third housing (see the rear support in figure 1) coupled to the first housing and configured to rest on a back of the user's head.
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Liao in view of Sharma with the teaching of Song so that a third housing coupled to the first housing and configured to rest on a back of the user's head to enhance the stability of the wearables electronic device.
Response to Arguments
Applicant's arguments filed 09/16/2025 have been fully considered but they are not persuasive.
With respect to claims 1 and 16, applicant argues: Liao fails to disclose, at least, "wherein the optical element includes a display area, in which the waveguide is disposed, and a dummy area surrounding the display area that does not transfer the light generated from the light output module, and wherein the at least one light emitting unit is disposed at an edge the dummy area," as recited in amended independent Claim 1, because Liao does not distinguish between a display area that transfers light from a light output module and a dummy area that does not. Rather, the optical element of Liao (110B) is expressly configured to receive and transfer light from a display layer (150A) (see 1[0019]), and thus does not teach or suggest a region that is structurally present within the optical element but functionally excluded from transferring light from the light output module.
Examiner respectfully disagrees. As applicant has defined the dummy area as having the property of not transferring light generated from the light output module, any region which does not transfer light generated from the light output module. Thus a region around the waveguide (158A) where the image is not being displayed, satisfies this criteria (Such a region includes portions of 110B where the waveguide 158A is not overlapped and/or not transmitting light).
Therefore, Liao in view of Sharma discloses limitations of 1 and 16 as disclosed above.
Conclusion
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 JERRY L. BROOKS whose telephone number is (571)270-5711. The examiner can normally be reached M-F 9:00-4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Toan Ton can be reached at 5712722303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JERRY L BROOKS/ Primary Examiner, Art Unit 2882