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 .
This Office Action is responsive to the Amendment filed 16 June 2026. Claims 1, 2, and 4-9 are currently under consideration. The Office acknowledges the amendments to claims 1, 4, and 6, as well as the cancellation of claim 3.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Omote (U.S. Pub. No. 2018/0095534 A1), in view of Birnbaum et al. (U.S. Pub. No. 2020/0364994 A1; hereinafter known as “Birnbaum”).
Regarding claim 1, Omote discloses a virtual reality system (Abstract), comprising: a virtual reality headset 102, including a processor and a memory, configured to fit around a user's head and render virtual environments ([0049]; [0092]); at least one headset sensor 159/299/710/712/714 included in the virtual reality headset and/or at least one wearable sensor 742 in communication with the virtual reality headset ([0049]; [0055]; [0092]; [0102]); at least one thermoelectric module 210/366 included in the virtual reality headset and operable to heat and/or cool a skin-contacting surface of the virtual reality headset ([0068]-[0071]); and wherein in operation the virtual reality headset receives a selection of at least one virtual environment ([0043]; e.g., selecting a video game); and wherein in operation the virtual reality headset transmits instructions to the at least one thermoelectric module to adjust the temperature of the skin-contacting surface of the virtual reality headset based on the selection of the at least one virtual environment and/or sensor data generated by the at least one headset sensor and/or the at least one wearable sensor ([0034]; [0048]; [0055]; [0083]; e.g., provide heat or cooling responsive to environmental cues in the video game or to the temperature of the user or the ambient environment). Omote fails to disclose at least one fluid control unit, in communication with the virtual reality headset, configured to regulate a temperature of at least one thermoregulating article, wherein in operation the virtual reality headset transmits instructions to the at least one fluid control unit to adjust the temperature of the at least one thermoregulating article based on the selection of the at least one virtual environment and/or the sensor data generated by the at least one headset sensor and/or the at least one wearable sensor. Birnbaum discloses a virtual reality system comprising a virtual reality headset (Abstract; [0018]; [0041]) that provides heating/cooling via thermoelectric modules ([0017]; [0031]; [0034]) and that further includes a fluid control unit, in communication with the virtual reality headset, that regulates a temperature of at least one thermoregulating article, wherein the virtual reality headset transmits instructions to the fluid control unit to adjust the temperature of the at least one thermoregulating article based on the virtual environment and/or sensor data in order to safely further mimic or reflect events in the virtual environment ([0020]; [0027]-[0028]; [0031]; [0041]-[0046]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Omote with such a fluid control unit and thermoregulating article, as taught by Birnbaum, in order to safely further mimic or reflect events in the virtual environment.
Regarding claim 4, the combination of Omote and Birnbaum discloses the invention as claimed, see rejection supra, and Birnbaum further discloses that the at least one thermoregulating article includes at least one mattress pad, at least one mattress, at least one blanket, at least one pillow, at least one piece of furniture, and/or at least one article of clothing ([0031]; [0041]).
Claims 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Omote and Birnbaum as applied to claim 1 above, and further in view of Samec et al. (U.S. Pub. No. 2016/0270656 A1; hereinafter known as “Samec”).
Regarding claim 2, the combination of Omote and Birnbaum discloses the invention as claimed, see rejection supra, but fails to expressly disclose that the at least one headset sensor and/or the at least one wearable sensor includes at least one heart rate variability sensor and/or at least one electroencephalography (EEG) sensor. Samec discloses a virtual reality system comprising a virtual reality headset ([1419]; [1435]; [1456]-[1457]) that provides various therapies, including heating/cooling ([2135]-[2138]), and that applies these therapies based on determinations of the user’s physical or mental state, such as by using an EEG sensor to detect stress ([2140]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Omote and Birnbaum with an EEG sensor, as taught by Samec, in order to detect and reduce stress of the user.
Regarding claim 9, the combination of Omote and Birnbaum discloses the invention as claimed, see rejection supra, and Birnbaum further discloses that the virtual reality headset includes a headset control unit that is configured to heat and/or cool fluid ([0041]-[0045]). The combination of Omote and Birnbaum fails to disclose that the fluid exits the headset control unit, enters a thermal regulation medium proximate to the skin-contacting surface, and then reenters the headset control unit. Samec discloses a virtual reality system comprising a virtual reality headset ([1419]; [1435]; [1456]-[1457]) that provides various therapies, including heating/cooling ([2135]-[2138]), wherein a skin-contacting surface 108 may be heated or cooled using a headset control unit that heats or cools fluid by exiting the headset control unit, entering a thermal regulation medium 29 proximate to the skin-contacting surface, and then reentering the headset control unit ([2135]-[2137]; e.g., thermal regulation medium can be integrated into the frame; cooling coils containing a refrigerant). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Omote and Birnbaum with such a headset control unit for fluid and thermal regulation medium, as taught by Samec, in order to regulate the temperature of the skin-contacting surface.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Omote and Birnbaum as applied to claim 1 above, and further in view of Cheaz et al. (U.S. Pub. No. 2018/0321744 A1; hereinafter known as “Cheaz”).
Regarding claim 5, the combination of Omote and Birnbaum discloses the invention as claimed, see rejection supra, but fails to disclose that the at least one virtual environment is automatically changed based on sensor data, generated by the at least one headset sensor and/or the at least one wearable sensor, indicating a stress level of a user. Cheaz discloses a virtual reality system comprising a virtual reality headset (Abstract; [0016]-[0018]) that automatically changes a virtual environment based on sensor data that indicates a stress level of a user in order to customize the environment and difficulty to the user’s stress level and the intended user experience ([0015]-[0016]; [0027]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Omote and Birnbaum by automatically changing the at least one virtual environment based on sensor data that indicates a stress level of a user, as taught by Cheaz, in order to customize the environment and difficulty to the user’s stress level and the intended user experience.
Regarding claim 6, the combination of Omote and Birnbaum discloses the invention as claimed, see rejection supra, but fails to disclose that the selection of the at least one virtual environment is automatically made based on sensor data from the at least one headset sensor embedded included in the virtual reality headset and/or sensor data from the at least one wearable sensor. Cheaz discloses a virtual reality system comprising a virtual reality headset (Abstract; [0016]-[0018]) that automatically selects a virtual environment based on sensor data in order to customize the environment and difficulty to the user’s stress level and the intended user experience ([0015]-[0016]; [0027]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Omote and Birnbaum by automatically selecting the at least one virtual environment based on sensor, as taught by Cheaz, in order to customize the environment and difficulty to the user’s stress level and the intended user experience.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Omote and Birnbaum as applied to claim 1 above, and further in view of Ok (KR 102032425 B1). The combination of Omote and Birnbaum discloses the invention as claimed, see rejection supra, but fails to disclose that the virtual reality headset is in communication with at least one LiDAR sensor, configured to detect changes in a position of the user's body, and wherein the position of an avatar of the user within the at least one virtual reality environment is changed based on sensor data generated by the at least one LiDAR sensor. Ok discloses a virtual reality system comprising a virtual reality headset (Abstract; Figs. 4, 5), wherein the headset is in communication with at least one LiDAR sensor, configured to detect changes in a position of the user's body, and wherein the position of an avatar of the user within the at least one virtual reality environment is changed based on sensor data generated by the at least one LiDAR sensor, in order to provide motion tracking of the user so as to control the motion of the avatar within the VR environment (“The position tracking sensor module 200 is installed in a plurality of real game space 10 of the user, and measures the position of the user to which the motion capture sensor module is attached via a LiDAR sensor to the central processing terminal (300)”; “The central processing terminal 300 implements a virtual reality game image based on the joint motion data received through the motion capture sensor module 100 and the position measurement data received through the position tracking sensor module 200. It is possible to control the motion of the avatar in the real game image”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Omote and Birnbaum with such a LiDAR sensor for detecting changes in a position of the user's body and for changing the position of an avatar of the user within the at least one virtual reality environment based on sensor data generated by the at least one LiDAR sensor, as taught by Ok, in order to provide motion tracking of the user so as to control the motion of the avatar within the VR environment.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Omote and Birnbaum as applied to claim 1 above, and further in view of Gruneberg et al. (WO 2020/167975 A1; cited in the IDS filed 04 November 2022; hereinafter known as “Gruneberg”). The combination of Omote and Birnbaum discloses the invention as claimed, see rejection supra, but fails to disclose that the virtual reality headset automatically generates a suggested workout and/or a suggested meditation based on sensor data generated by the at least one headset sensor and/or the at least one wearable sensor. Gruneberg discloses a virtual reality system comprising a virtual reality headset (Abstract; [035]-[038]), wherein the headset automatically generates a suggested workout and/or a suggested meditation based on sensor data in order to improve effectiveness, efficiency, and quality of meditation and facilitate improvement of the user’s well-being ([005]; [034]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Omote and Birnbaum so that the virtual reality headset automatically generates a suggested workout and/or a suggested meditation based on sensor data, as taught by Gruneberg, in order to improve effectiveness, efficiency, and quality of meditation and facilitate improvement of the user’s well-being.
Response to Arguments
Applicant’s arguments with respect to the rejection of claim 6 under 35 U.S.C. 112(b) have been fully considered and are persuasive in light of the amendments. The rejection has been withdrawn.
Applicant’s arguments with respect to the rejection of claim 1 under 35 U.S.C. 102 have been fully considered and are persuasive in light of the amendments. The rejection has been withdrawn.
Applicant's arguments with respect to the rejections under 35 U.S.C. 103, based upon the combination of Omote and Birnbaum as applied to previous claim 3, have been fully considered but they are not persuasive. Applicant argues that Birnbaum does not teach the asserted fluid-control-unit architecture; more specifically, Applicant contends that Birnbaum fails to teach a fluid control unit that regulates a separate thermoregulating article under instructions transmitted by a VR headset. The examiner disagrees. The cited portions of Birnbaum specifically teach a VR headset, along with wearable clothing that can include output devices including an airflow actuator and a thermal actuator, which can provide adjustable temperature to the user. Thus, these wearable clothing articles comprise at least one thermoregulating article, while the actuators comprise a fluid control unit (as air is a fluid). The temperature is regulated based upon, for example, the environment of the VR headset. The airflow actuator can be used to regulate or modulate airflow sensations directed toward the user, and the thermal actuator can be used to adjust the temperature of the airflow. The thermal actuator is incorporated within the wearable clothing and thus the temperature of the wearable clothing is also adjusted/regulated during this process.
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 THADDEUS B COX whose telephone number is (571)270-5132. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M. Sims can be reached at (571)272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THADDEUS B COX/Primary Examiner, Art Unit 3791
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