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 § 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 and 10-17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With respect to claim 1, the limitation “at least one second camera lens disposed on a path of the light collected by the first image sensor.” was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The closest description in the specification is as follows: para.[00180]: the second camera 160 may include the reflection member 163 and the image sensor 162. At least one second lens may be disposed between the reflection member 163 and the image sensor 162. However, the limitation of claim 1 requires that the second camera lens be on the path of the first sensor 152. Therefore, the limitation was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 2-8 and 10 -17 inherit the deficiency of claim 1.
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)18-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olgun (United States Patent Application Publication 20190033622 A1), Nakashima (United States Patent Application Publication 2020/0014071 A1), Kim (KR 20190001830 A) and Walter (United States Patent Application Publication 2014/0055746 A1).
With respect to claims 18 - 20, Olgun discloses a wearable device (fig.1), comprising: a lens (42); a frame including a rim surrounding the lens (see 66 in fig.1); a temple (see 47) extending from the frame; a first camera (see 69 in fig.2A) disposed at an upper portion of the rim (see 69 in fig.2A) and configured to capture an image of a subject positioned in front of the wearable device (see the operation of fig.2A, 69); a second camera (see fig.2; see camaras discloses in para.[0027]: Such sensors can include inwardly-facing video sensors or digital imaging modules such as cameras that can be mounted on or provided within the inner surface 67 of the front piece 33 or elsewhere on the frame 32 so as to be facing the user) configured to capture an image; electronic components (see at least 61); battery cells (see fig.2; [0040]: Although not illustrated, the temple 114 and/or frame 112 can carry further electronics 150 in some instances such as further sensors, ancillary batteries, peripheral devices, or other peripherals.) configured to supply power to the electronic components (see the operation in fig.2), respectively, each of the battery cells including at least battery (see the batteries of fig.2); a power manager (see 130 in fig.2; also see para.[0061]: “(e.g., Universal Serial Bus (USB) drivers), WI-FI® drivers, audio drivers, power management drivers, and so forth.)”, wherein the electronic components, the battery cells, and the power manager are disposed in the temple (para.[0039]: “For example, the temple 114 can be configured to carry and/or house a battery 128 and a circuit 130”; para.[0040]: Although not illustrated, the temple 114 and/or frame 112 can carry further electronics 150 in some instances such as further sensors, ancillary batteries, peripheral devices, or other peripherals.), further comprising a camera disposed in the frame (see camera in para.[0040]), wherein a battery cell, among the battery cells, is configured to supply power to the one or both of the first camera and second camera (see fig.2; see camaras discloses in para.[0027]: Such sensors can include inwardly-facing video sensors or digital imaging modules such as cameras that can be mounted on or provided within the inner surface 67 of the front piece 33 or elsewhere on the frame 32 so as to be facing the user, and outwardly-facing video sensors or digital imaging modules such as the cameras 69 that can be mounted on or provided with the outer surface 66 of the front piece 33 or elsewhere on the frame 32 so as to be facing away from the user.) but does not disclose the second camera disposed at a lower portion of the rim and configured to capture an image of an eve of a wearer of the wearable device and wherein the battery is a solid state battery and the power manager configured to selectively discharge a battery cell among the battery cells that is allocated to an activated electronic component among the electronic components.
Nakashima discloses wherein the batteries are a solid state batteries (see fig.6 and 22) and lithium ion battery ([0049]: This battery is a secondary battery in which a battery capacity is repeatedly obtained by transferring Li which is an electrode reactant, and can be a lithium ion secondary battery in which a capacity of an anode is obtained by occluding and releasing lithium ions and may be a lithium metal secondary battery in which a capacity of an anode can be obtained by precipitating and dissolving lithium metal.; also see para.[0234]: The secondary battery is, for example, an all-solid-state lithium ion secondary battery.).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Olgun with the teaching Nakashima so that the batteries are solid state batteries to enhance power independence and reliability by increasing energy density and improving user friendliness and experience by increasing safety and reducing charging time.
Olgun in view of Nakashima does not disclose the second camera disposed at a lower portion of the rim and configured to capture an image of an eve of a wearer of the wearable device and the power manager configured to selectively discharge a battery cell among the battery cells.
Kim discloses the power manager configured to selectively discharge a battery cell among the battery cells that is allocated to an activated electronic component among the electronic components (see: According to one embodiment, the processor 220 can discharge the battery with the highest remaining capacity and charge the remaining battery when the external power supply is connected and needs to supply power to the system).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Olgun in view of Nakashima with the teaching of Kim so that the power manager configured to selectively discharge a battery cell among the battery cells that is allocated to an activated electronic component among the electronic components to efficiently discharge and charge batteries by charging and discharging batteries in accordance with need and supply.
Olgun in view of Nakashima and Kim does not disclose the second camera disposed at a lower portion of the rim and configured to capture an image of an eve of a wearer of the wearable device.
Walter discloses the second camera disposed at a lower portion of the rim (see 3r and 3l in fig.1A) and configured to capture an image of an eye of a wearer of the wearable device (see the abstract: “and the capturing unit (3l, 3r) are designed to be optically capturing at least one parameter of at least one eye (10l, 10r)”).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Olgun in view of Nakashima and Kim with the teaching of Walter so that the second camera is disposed at a lower portion of the rim and configured to capture an image of an eye of a wearer of the wearable device to enhance user experience while improving eye detection.
With respect to claims 21-23, Olgun in view of Nakashima, Kim and Walter discloses the wearable device of claim 18, Olgun does not disclose a main battery, wherein the power manager is further configured to selectively discharge the main battery to charge a battery cell among the battery cells, wherein the power manager is further configured to preferentially charge a battery cell, among the battery cells, that has a low state of charge over a battery cell, among the battery cells, that has a high state of charge, further comprising: a main processor; and a main battery, wherein the power manager is further configured to determine whether to discharge the main battery based on whether the main processor is activated.
Kim discloses further comprising a main battery (“According to one embodiment, when it is determined that the remaining amount of any one of the plurality of batteries 290 is the largest, the processor 220 can connect only the battery having the largest remaining amount to the system”), wherein the power manager (see 220 and battery control module 280) is further configured to selectively discharge the main battery to charge a battery cell among the battery cells (“According to one embodiment, when it is determined that the remaining amount of any one of the plurality of batteries 290 is the largest, the processor 220 can connect only the battery having the largest remaining amount to the system”), wherein the power manager (220 and battery control module 280) is further configured to preferentially charge a battery cell, among the battery cells, that has a low state of charge over a battery cell, among the battery cells, that has a high state of charge (:” For example, when the remaining amount of the first battery 480 is higher than the remaining amount of the second battery 490, the processor 220 lowers the set current of the first current control circuit 460 and the second current control circuit 470 Can be increased.”), further comprising: a main processor (220); and a main battery (see the battery with the largest remaining amount: “According to one embodiment, when it is determined that the remaining amount of any one of the plurality of batteries 290 is the largest, the processor 220 can connect only the battery having the largest remaining amount to the system”), wherein the power manager is further configured to determine whether to discharge the main battery based on whether the main processor is activated (see 201 or 220), which controls and provides data to power manager, therefore the main processor must be activated for 220 to determine whether to charge the battery ).
It would have been obvious to one of ordinary skill in art before the effective filling date of the claimed invention to modify Olgun in view of Nakashima, Kim and Walter with the teaching of Kim so that a main battery, wherein the power manager is further configured to selectively discharge the main battery to charge a battery cell among the battery cells, wherein the power manager is further configured to preferentially charge a battery cell, among the battery cells, that has a low state of charge over a battery cell, among the battery cells, that has a high state of charge, further comprising: a main processor; and a main battery, wherein the power manager is further configured to determine whether to discharge the main battery based on whether the main processor is activated to efficiently discharge and charge batteries by charging and discharging batteries in accordance with need and supply.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 and 10-23 have been considered but are moot because the new ground of rejection does not rely on any prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JERRY L BROOKS/Primary Examiner, Art Unit 2882
Prosecution Insights