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 .
Response to Amendment
Receipt is acknowledged of the amendment filed 11/30/2025. Claims 1 and 15 are amended and claims 1-19 are currently pending.
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 1-2, 5-6,9-11, and 13-19 are rejected under 35 U.S.C. 103 as obvious US PG Pub. 2013/0214998 to Andes et al. (hereinafter Andes) in view of US Pat. No. 9,720,443 to Malhotra (hereinafter Malhotra).
Regarding claim 1, Andes discloses a device, comprising: a framework (system 800 with peripheral vision device 804, Fig. 9) configured to be worn on a wearer's head (peripheral vision device 804, Fig. 9); an array of light emitting diodes (LEDs) (left lens LEDs 910, Fig. 9) each LED of the array of LEDs positioned on an inner surface of the framework at a location within a peripheral view of the wearer and another array of LEDs, each LED of the other array of LEDs positioned on the inner surface at another location within the peripheral view of the wearer (right lens LEDs 910, Fig. 9), the arrays of LEDs each including a plurality of LEDs, arranged in a two-dimensional pattern comprising LEDs both along an axis and orthogonal to the axis (Fig. 9), that are individually illuminable to emit light patterns (“Light display elements 910 may be positioned to form a linear array 912 such that level signals may be displayed (e.g., the number of light display elements illuminated within array 912 may indicate a level). Each of light display elements 910 may be a single color, bicolor or tricolor, to convey information to the user”; [0104]), the two-dimensional pattern is a matrix (see annotated image below); a processor (“housing 906 formed on ear piece 904 of frames 902 contains electronics 801 that includes microcontroller 802, wireless transceiver 806, and user interface 850, and optionally includes interface 830 and internal sensors 810”; [0105]); and a memory accessible to the processor (required of microcontroller in [0105]), wherein the memory stores programming for execution by the processor; wherein execution of the programming by the processor configures the processor to: identify an event for presentation to the wearer (Fig. 17; [0155]-[0158]); select a two-dimensional notification pattern corresponding to the identified event from the plurality of notification patterns stored in the memory (Fig. 17; [0056],[0107]-[0108],[0155]-[0158]); select at least one of the location or the other location for presentation of the two-dimensional notification pattern (Fig. 17; [0056],[0107]-[0108],[0155]-[0158]); and display the selected two-dimensional notification pattern to the wearer by selectively illuminating at least one of the array of LEDs or the other array of LEDs at the selected at least one of the location or the other location to present the two-dimensional notification pattern (Fig. 17; [0056],[0107]-[0108],[0155]-[0158]).
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Alternatively, Andes discloses the claimed device in Figs. 1-3 and 5, wherein the LEDs 504(1), 504(2), 504(8), 504(9) constitute a first two dimensional array and LEDs 504(3)-504(7), 504(10)-504(14) constitute a second two dimensional array of the claim.
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Andes discloses the claimed invention as cited above though does not explicitly disclose: the two dimensional pattern is a 3x3 matrix, wherein the two-dimensional notification pattern is a plus symbol or a crisscross symbol, display the selected two-dimensional notification pattern to the wearer to present the plus symbol two dimensional notification pattern or the crisscross two-dimensional notification pattern selected by the processor.
Malhotra discloses: the two dimensional pattern is a 3x3 matrix, wherein the two-dimensional notification pattern is a plus symbol or a crisscross symbol, display the selected two-dimensional notification pattern to the wearer to present the plus symbol two dimensional notification pattern or the crisscross two-dimensional notification pattern selected by the processor (Figs. 50-53, 59D, 60A, 60D, 61C, etc.).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to present a plus symbol or crisscross symbol in a 3x3 matrix as taught by Malhotra with the system as disclosed by Andes. The motivation would have been to display a failure indication (col. 36, ll. 49-51).
Additional LEDs from a prior art display interface having more LEDs than required by the claim would have been obvious to omit in instances where the information provided by a larger LED array is not desired or required. Ex parte Wu, 10 USPQ 2031 (Bd. Pat. App. & Inter. 1989); In re Larson, 340 F.2d 965, 144 USPQ 347 (CCPA 1965); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). For example, Andes discloses the number of light display elements may indicate variance from a target indication and thus fewer light display elements would be an obvious modification for application in which a narrower variance from a target is to be indicated ([0063]). Further, Andes discloses the number of light display elements may indicate a level and thus fewer light display elements would be an obvious modification for applications in which fewer levels are required to be indicated ([0104],[0124]).
Regarding claim 2, Andes discloses the framework includes a frame (frame 902, Fig. 9), a temple (ear piece 904, Fig. 9) connected to a lateral side of the frame, and another temple connected to another lateral side of the frame and wherein the array of LEDs is adjacent the lateral side of the frame and the other array of LEDs is adjacent the other lateral side of the frame (Fig. 9).
Regarding claim 5, Andes discloses the memory comprises a lookup table including a plurality of notification events and a corresponding plurality of notification patterns and wherein the identified event is identified in the plurality of notification events and the two-dimensional notification pattern is selected from the plurality of notification patterns (Fig. 17; [0056],[0107]-[0108],[0155]-[0158]). The lookup table is understood to be data and directed to non-functional descriptive matter stored electronically in memory. The presence of data stored within memory does not structurally distinguish the apparatus over prior art akin to programming stored in memory.
Regarding claim 6, Andes discloses the lookup table further comprises presentation locations of each of the plurality of notification patterns and wherein the presentation locations include the location, the other location, or both the location and the other location (Fig. 17; [0056],[0107]-[0108],[0155]-[0158]). The lookup table is understood to be data and directed to non-functional descriptive matter stored electronically in memory. The presence of data stored within memory does not structurally distinguish the apparatus over prior art akin to programming stored in memory.
Regarding claim 9, Andes discloses pair the device to a mobile device coupled to the device (Fig. 8, [0098]).
Regarding claim 10, Andes discloses receive the event from the mobile device (Fig. 8, [0098]).
Regarding claim 11, Andes discloses acknowledge the event received from the mobile device (execution of the signal is itself acknowledgment, Fig. 8, [0098]).
Regarding claims 13 and 14, Andes discloses the event is identification of a social media notification received by the mobile device and the event is a location guidance instruction alerting the wearer that the device is in a location within a predetermined range of a point-of- interest (Fig. 17; [0056],[0107]-[0108],[0155]-[0158]). The reason for signaling is directed to non-functional descriptive matter stored electronically in memory. The presence of data stored within memory does not structurally distinguish the apparatus over prior art akin to programming stored in memory.
Regarding claims 15, Andes discloses method of notification for eyewear (Figs 9 & 17), eyewear comprising a framework (system 800 with peripheral vision device 804, Fig. 9) configured to be worn on a wearer's head (peripheral vision device 804, Fig. 9); an array of light emitting diodes (LEDs) (left lens LEDs 910, Fig. 9) each LED of the array of LEDs positioned on an inner surface of the framework at a location within a peripheral view of the wearer and another array of LEDs, each LED of the other array of LEDs positioned on the inner surface at another location within the peripheral view of the wearer (right lens LEDs 910, Fig. 9), the arrays of LEDs each including a plurality of LEDs, arranged in a two-dimensional pattern comprising LEDs both along an axis and orthogonal to the axis (Fig. 9), that are individually illuminable to emit light patterns (“Light display elements 910 may be positioned to form a linear array 912 such that level signals may be displayed (e.g., the number of light display elements illuminated within array 912 may indicate a level). Each of light display elements 910 may be a single color, bicolor or tricolor, to convey information to the user”; [0104]), the two-dimensional pattern is a 3 x 3 matrix (see annotated image below) comprising: identifying an event for presentation to a wearer of the eyewear (Fig. 9 & 17; [0056],[0107]-[0108],[0155]-[0158]); selecting a two-dimensional notification pattern corresponding to the identified event from a plurality of notification patterns stored in a memory by a processor (“housing 906 formed on ear piece 904 of frames 902 contains electronics 801 that includes microcontroller 802, wireless transceiver 806, and user interface 850, and optionally includes interface 830 and internal sensors 810”; [0105]) coupled to the eyewear (Fig. 9 & 17; [0056],[0107]-[0108],[0155]-[0158]); selecting at least one of a location on an inner surface of the eyewear within a peripheral view of the wearer or another location on the inner surface of the eyewear within the peripheral view of the wearer for presentation of the two-dimensional notification pattern (Fig. 9 & 17; [0056],[0107]-[0108],[0155]-[0158]); and displaying the two-dimensional notification pattern to the wearer by selectively illuminating at least one of an array of light emitting diodes (LEDs) or another array of LEDs as the selected at least one of the location or the other location to present the two-dimensional notification pattern (Fig. 9 & 17; [0056],[0107]-[0108],[0155]-[0158]).
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Based on Applicant’s 7/18/2025 remarks, there appears to be a difference in interpretation of the claim language. The claim uses the transitional phrase “consisting of” to exclude elements that are not specified in the claim. In the claim sentence, the elements excluded are not other LEDs but other matrix patterns. The device openly comprises arrays of LEDs and for the arrays of the LEDs that are required in the claim, the 2D pattern is required to include 3x3 but this language does not exclude LEDs beyond the LEDs anticipating the claimed 2D patterns.
Alternatively, Andes discloses the claimed device in Figs. 1-3 and 5, wherein the LEDs 504(1), 504(2), 504(8), 504(9) constitute a first two dimensional array and LEDs 504(3)-504(7), 504(10)-504(14) constitute a second two dimensional array of the claim.
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Andes discloses the claimed invention as cited above though does not explicitly disclose: the two dimensional pattern is a 3x3 matrix, wherein the two-dimensional notification pattern is a plus symbol or a crisscross symbol, display the selected two-dimensional notification pattern to the wearer to present the plus symbol two dimensional notification pattern or the crisscross two-dimensional notification pattern selected by the processor.
Malhotra discloses: the two dimensional pattern is a 3x3 matrix, wherein the two-dimensional notification pattern is a plus symbol or a crisscross symbol, display the selected two-dimensional notification pattern to the wearer to present the plus symbol two dimensional notification pattern or the crisscross two-dimensional notification pattern selected by the processor (Figs. 50-53, 59D, 60A, 60D, 61C, etc.).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to present a plus symbol or crisscross symbol in a 3x3 matrix as taught by Malhotra with the system as disclosed by Andes. The motivation would have been to display a failure indication (col. 36, ll. 49-51).
Additional LEDs from a prior art display interface having more LEDs than required by the claim would have been obvious to omit in instances where the information provided by a larger LED array is not desired or required. Ex parte Wu, 10 USPQ 2031 (Bd. Pat. App. & Inter. 1989); In re Larson, 340 F.2d 965, 144 USPQ 347 (CCPA 1965); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). For example, Andes discloses the number of light display elements may indicate variance from a target indication and thus fewer light display elements would be an obvious modification for application in which a narrower variance from a target is to be indicated ([0063]). Further, Andes discloses the number of light display elements may indicate a level and thus fewer light display elements would be an obvious modification for applications in which fewer levels are required to be indicated ([0104],[0124]).
Regarding claim 16, Andes discloses the memory comprises a lookup table including a plurality of notification events and a corresponding plurality of notification patterns (Fig. 17; [0056],[0107]-[0108],[0155]-[0158]), identifying the event comprises identifying the event in the plurality of notification events (Fig. 17; [0056],[0107]-[0108],[0155]-[0158]), and selecting the two-dimensional notification pattern comprises selecting the two-dimensional notification pattern from the plurality of notification patterns (Fig. 17; [0056],[0107]-[0108],[0155]-[0158]).
Regarding claim 17, Andes discloses the lookup table further comprises presentation locations of each of the plurality of notification patterns and wherein the presentation locations include the location, the other location, or both the location and the other location (Fig. 17; [0056],[0107]-[0108],[0155]-[0158]).
Regarding claim 18, Andes discloses pairing the eyewear to a mobile device (Fig. 8, [0098]).
Regarding claim 19, Andes discloses the identifying the event includes identifying a status of at least one of a battery charge level of the eyewear, receipt of an external communication to the wearer, or a location guidance instruction (Fig. 17; [0056],[0098],[0107]-[0108],[0155]-[0158]).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Andes in view of Malhotra as applied to claim 1 above, and further in view of US PG Pub. 2014/0085446 to Hicks et al. (hereinafter Hicks).
Regarding claim 3, Andes discloses a chunk (Figs. 1-3 and 5) that is integrated into or connected to the frame on the lateral side (Fig. 2-3, 5) wherein the array of LEDs is located on the chunk (Figs. 2-3, 5).
Andes discloses the claimed invention as cited above though does not explicitly disclose: another chunk that is integrated into or connected to the frame on the other lateral side, and the other array of LEDs is located on the other chunk.
Hicks discloses another chunk that is integrated into or connected to the frame on the other lateral side, and the other array of LEDs is located on the other chunk (second arrays 202b on left and right, Fig. 5A-5B).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide first and second chunks as taught by Hicks with the system as disclosed by Andes. The motivation would have been to increase informational content that can be conveyed to the wearer, by way of the combined use of two separate displays for each respective eye ([0143]-[0149]).
Regarding claim 4, Andes discloses the chunk includes a circuit board (substrates with circuit elements, e.g. “a thin flexible substrate attached to, or integral with, housing 204, such that peripheral vision device 104 may be positioned within a peripheral vision area of the user (as indicated by viewing direction 208). The substrate may be encased within a housing material for environmental protection or stiffening purposes”; [0042]-[0043) that includes the array of LEDs.
Hicks discloses the other chunk includes another circuit board that includes the other array of LEDs (second arrays 202b on left and right, Fig. 5A-5B).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide first and second chunks as taught by Hicks with the system as disclosed by Andes. The motivation would have been to increase informational content that can be conveyed to the wearer, by way of the combined use of two separate displays for each respective eye ([0143]-[0149]).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Andes in view of Malhotra as applied to claim 1 above, and further in view of US Pat. 10,670,888 to Yang et al. (hereinafter Yang).
Regarding claim 7, Andes discloses the frame includes: a frame front (Fig. 9); and a frame back (Fig. 9) and the array of LEDs and the other array of LEDs (Fig. 9).
Andes discloses the claimed invention as cited above though does not explicitly disclose LEDs are coupled to a flexible printed circuit board, the flexible printed circuit board is disposed between the frame front and the frame back, and the flexible printed circuit board extends from the lateral side of the frame to the other lateral side of the frame.
Yang discloses illumination elements (“ I/O devices 1214 may also include output devices 1218 such as one or more of a display screen, display lights, audio speakers, and so forth”; col. 11, ll. 5-14) are coupled to a flexible printed circuit board (FPC 222, Fig. 2), the flexible printed circuit board is disposed between the frame front and the frame back (Fig. 2-11), and the flexible printed circuit board extends from the lateral side of the frame to the other lateral side of the frame (Figs. 2).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a flexible circuit as taught by Yang with the system as disclosed by Andes. The motivation would have been to allow for communication between left and right temples (Abstract).
Regarding claim 8, Andes discloses the array of LEDs has an inward facing field of view relative to the outward facing field of view (Fig. 9).
Andes discloses the claimed invention as cited above though does not explicitly disclose a visible light camera disposed on the flexible printed circuit board.
Yang discloses a visible light camera disposed on the flexible printed circuit board (“a front facing camera may be mounted within the frame bridge 210 and may be connected to the FPC 222 to provide image data to the hardware processor in the temple 308”; col. 6, ll. 40-43), wherein: the visible light camera has an outward facing field of view, the frame front includes an opening for the visible light camera (col. 6, ll. 40-43).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a camera as taught by Yang with the system as disclosed by Andes. The motivation would have been to allow for communication between left and right temples (Abstract).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Andes in view of Malhotra as applied to claim 1 above, and further in view of Official Notice.
Regarding claim 12, Andes discloses the claimed invention as cited above though does not explicitly disclose programming by the processor further configures the processor to send an acknowledgement signal from the device to the mobile device.
Examiner takes Official Notice of the fact that acknowledgement signals are old, well-known, and ubiquitous in computer communication systems. Acknowledgment signals in communications generate awareness within the system of devices that commands and processes are executed as expected.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/CHRISTOPHER STANFORD/Primary Examiner, Art Unit 2872