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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 10/16/2025. An initialed copy is attached to this Office Action.
Response to Amendment
The amendment to Claim(s) 1, 2, and 11, and the addition of Claim(s) 13-18, filed 11/25/2025, are acknowledged and accepted.
Response to Arguments
Applicant’s arguments, see Page of 8 of 12, filed 11/25/2025, with respect to Claims 1 and 3-10 have been fully considered and are persuasive. The 35 USC § 112 of Claims 1 and 3-10 has been withdrawn.
Applicant's arguments filed 11/25/2025 have been fully considered but they are not persuasive.
On Page of 9 of 12 through Page 10 of 12, Applicant argues Cheng, even combined with Qin, fails to teach or suggest, at least, “a right inclined portion that is inclined downwardly toward the right and that is configured to elastically contact with at least part of an inner side portion of a right lens edge of eyeglasses when the eyeglasses are disposed on the nose" and "a left inclined portion that is inclined downwardly toward the left and that is configured to elastically contact with at least part of an inner side portion of a left lens edge of the eyeglasses when the eyeglasses are disposed on the nose" as recited in claim 1.” Examiner respectfully disagrees. Cheng teaches a right inclined portion (the area around the nose portion that is at an angle, see annotated Figure 1) that is inclined downwardly toward the right (see annotated Figure 1) and that is configured to elastically contact with at least part of an inner side portion of a right lens edge of eyeglasses when the eyeglasses are disposed on the nose" and "a left inclined portion that is inclined downwardly toward the left and that is configured to elastically contact with at least part of an inner side portion of a left lens edge of the eyeglasses when the eyeglasses are disposed on the nose" as recited in claim 1. The limitations of the claims were identified and correlated with the references as indicated above and in the first office action on the merits. Applicant has merely made the allegation that the limitations are not met, and thus has not provided any evidence or argument directed to how the identified elements in the first action fail to meet the claimed limitations or to how the identified elements are otherwise distinguishable from the claimed limitations as is required by 37 CFR §1.111(b).
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On Page of 9 of 12, Applicant argues “Cheng is silent about whether the nose holder 1031 is elastic.” Examiner respectfully disagrees. In ¶[0056], Cheng states “the nose case 103 is provided with the nose holder 1031 in order to ensure comfort during wearing”. Examiner takes “in order to ensure comfort during wearing” and “face fitting members” to equate with elastic-like material and/or elastic-like function. No special definition of “elastically” is found in the present specification, and, absent a special definition, Examiner is obligated to take the broadest reasonable interpretation not in conflict with the specification. It is noted that the feature upon which applicant relies (i.e., “elastically”) has been given its broadest reasonable interpretation. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The examiner respectfully disagrees with applicant’s interpretation of, “elastically,” which states/seems to imply that the nose holder must be elastic. However, the specification is silent as to elastically; the specification does not prohibit such an interpretation; therefore, Examiner's interpretation is both reasonable and not in conflict with the specification, and the limitation is met by the prior art. The limitation “elastically” does not equate to “elastic” (as the Applicant argues). The limitation “elastically” refers to functioning in an elastic or spring matter. The limitation “elastically” does not imply nor mean the material is elastic. Examiner takes “elastically” to be defined as “capable of being easily stretched or expanded and resuming former shape” and “capable of recovering size and shape after deformation” (per Merriam-Webster). Cheng teaches “the light shielding member 30 may be made of a flexible material; and in order to maintain the shape of the formed light shielding passage, the light shielding member 30 is designed to be pleated type, i.e., multi-layered” ¶[0047].Cheng also states the light shielding member is made of a foldable inert sponge, which exhibits the light shielding member is capable of being easily stretched or expanded and resuming former shape.
With respect to Claim 11, on Page of 9 of 12 through Page 10 of 12, Applicant argues “claim 11 has been amended to recite features similar to claim 1, which, as discussed above, is allowable over the combination of Cheng and Qin.” Examiner respectfully disagrees. In ¶[0056], Cheng states “the nose case 103 is provided with the nose holder 1031 in order to ensure comfort during wearing”. Examiner takes “in order to ensure comfort during wearing” and “face fitting members” to equate with elastic-like material and/or elastic-like function. No special definition of “elastically” is found in the present specification, and, absent a special definition, Examiner is obligated to take the broadest reasonable interpretation not in conflict with the specification. It is noted that the feature upon which applicant relies (i.e., “elastically”) has been given its broadest reasonable interpretation. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The examiner respectfully disagrees with applicant’s interpretation of, “elastically,” which states/seems to imply that the nose holder must be elastic. However, the specification is silent as to elastically; the specification does not prohibit such an interpretation; therefore, Examiner's interpretation is both reasonable and not in conflict with the specification, and the limitation is met by the prior art. The limitation “elastically” does not equate to “elastic” (as the Applicant argues). The limitation “elastically” refers to functioning in an elastic or spring matter. The limitation “elastically” does not imply nor mean the material is elastic. Examiner takes “elastically” to be defined as “capable of being easily stretched or expanded and resuming former shape” and “capable of recovering size and shape after deformation” (per Merriam-Webster). Cheng teaches “the light shielding member 30 may be made of a flexible material; and in order to maintain the shape of the formed light shielding passage, the light shielding member 30 is designed to be pleated type, i.e., multi-layered” ¶[0047].Cheng also states the light shielding member is made of a foldable inert sponge, which exhibits the light shielding member is capable of being easily stretched or expanded and resuming former shape.
The prior rejection is maintained.
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.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation “inclined less than” in lines 3 and 6. The term “inclined less than” in claim 2 is a relative term which renders the claim indefinite. The term “inclined less than” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim states “right inclined portion includes a first right inclined portion and a second right inclined portion that is located below the first right inclined portion and that is inclined less than the first right inclined portion” and does not give provide a standard for ascertaining the requisite degree for the amount/degree for the any of the inclined portions. For examination purposes, “inclined less than” will be taken as “inclined”.
Claims not specifically mentioned inherit the deficiencies of the claim from which they depend.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 2, and 4-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al., (hereafter Cheng) (CN104880823), in view of Qin (US 2015/0103152 A1).
With respect to Claim 1, Cheng discloses a light-shielding member (30, Figure 1) of a head-mounted display (Figure 1), the light-shielding member (30, Figure 1) comprising: a nose accommodation portion (1031 and 40, Figure 1; 40 surrounds the upper portion of the nose) including a front portion (portion away from face of 1031, Figure 1), a right portion (right side of 1031 and 40, Figure 1), and a left portion (left side of 1031 and 40, Figure 1) configured to receive a nose (the nose case 103 is provided with the nose holder 1031, which implies a nose, ¶[0056]), wherein the right portion (right side of 1031 and 40, Figure 1) includes a right inclined portion (see annotated Figure 1) that is inclined downwardly toward the right (see annotated Figure 1) and that is configured to elastically (¶[0049]) contact with at least part of an inner side portion (see annotated Figure 1).
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Cheng fails to teach eyeglasses worn by the user and the eyeglasses are disposed on the nose.
Qin teaches a head-mounted display (title and abstract) comprising teach eyeglasses (401, Figure 4) worn by the user (user’s eye is 201, Figure, which implies a user) and the eyeglasses are disposed on the nose (401 Figure 4, is part of 102 which is part of 110, Figure 1, where 110 is disposed on the nose).
Therefore it would it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Cheng having the head-mounted display with the teachings of Qin having accommodations for a user’s eyeglasses and the eyeglasses are disposed on the nose for the purpose of allowing the user to have focused vision while using the head-mounted display.
With respect to Claim 2, Cheng further teaches, as best understood, wherein the right inclined portion (see annotated Figure 1) includes a first right inclined portion (see annotated Figure 1) and a second right inclined portion (see annotated Figure 1) that is located below the first right inclined portion (see annotated Figure 1) and that is inclined less (see annotated Figure 1) than the first right inclined portion (see annotated Figure 1), and the left inclined portion (see annotated Figure 1) includes a first left inclined portion (see annotated Figure 1) and a second left inclined portion (see annotated Figure 1) that is located below the first left inclined portion (see annotated Figure 1) and that is inclined less (see annotated Figure 1) than the first left inclined portion (see annotated Figure 1).
With respect to Claim 4, Cheng further teaches wherein the right portion (right side of 1031 and 40, Figure 1) includes a first right light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) that extends to the left (see 2nd annotated Figure 1, below) to reduce external light to be incident to the eyes (eye, ¶[0055]) of the user (user, ¶[0055]) through a gap between the nose accommodation portion (103, Figure 1) and the nose of the user (user, ¶[0055]), and the left portion (left side of 1031 and 40, Figure 1) includes a first left light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) that extends rightward to reduce external light to be incident to the eyes (eye, ¶[0055]) of the user (user, ¶[0055]) through a gap between the nose accommodation portion (103, Figure 1) and the nose of the user (user, ¶[0055]).
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With respect to Claim 5, Cheng further teaches wherein the first right light-shielding portion extends forwardly toward the left (see 2nd annotated Figure 1), and the first left light-shielding portion extends forwardly toward the right (see 2nd annotated Figure 1).
With respect to Claim 6, Cheng further teaches wherein the right portion (right side of 1031 and 40, Figure 1) further includes a second right light-shielding portion that extends to the left (see 2nd annotated Figure 1) to reduce external light to be incident to the eyes (eye, ¶[0055]) of the user (user, ¶[0055]) through a gap (see 2nd annotated Figure 1) between the nose accommodation portion (103, Figure 1) and the nose of the user (user, ¶[0055]) and that is arranged in front of the first right light- shielding portion, and the left portion (left side of 1031 and 40, Figure 1) further includes a second left light-shielding portion (see 2nd annotated Figure 1) that extends to the right to reduce external light to be incident to the eyes (eye, ¶[0055]) of the user (user, ¶[0055]) through a gap (see 2nd annotated Figure 1) between the nose accommodation portion (103, Figure 1) and the nose of the user (user, ¶[0055]) and that is arranged in front of the first left light- shielding portion.
With respect to Claim 7, Cheng further teaches wherein the first right light-shielding portion has an upper edge inclined downwardly toward the right (see 2nd annotated Figure 1), and the first left light-shielding portion has an upper edge inclined downwardly toward the left (see 2nd annotated Figure 1).
With respect to Claim 8, Cheng further teaches further comprising: a light-shielding wall (103, Figure 1) that is to come into contact with a periphery of the eyes (eye, ¶[0055]) of the user (user, ¶[0055]) who is wearing the head-mounted display (Figure 1) and elastically deforms (103 contains 40, Figure 1) in response to a contact pressure thereto, wherein the light-shielding wall (103, Figure 1) includes a right contacting portion that elastically comes into contacts with at least part of a right temple of the eyeglasses worn by the user (user, ¶[0055]) and a left contacting portion that elastically comes into contact (103 contains 40, Figure 1) with at least part of a left temple of the eyeglasses worn by the user (user, ¶[0055]).
With respect to Claim 9, Cheng further teaches wherein the right contacting portion (see 2nd annotated Figure 1) includes a bottom face of a right recessed portion formed on the light-shielding wall (103, Figure 1), and the left contacting portion (see 2nd annotated Figure 1) includes a bottom face of a left recessed portion formed on the light-shielding wall (103, Figure 1).
With respect to Claim 10, Cheng further teaches wherein the nose accommodation portion (103, Figure 1) is configured integrally with the light-shielding wall (103, Figure 1) at a lower portion of the light- shielding wall (103, Figure 1).
With respect to Claim 11, Cheng teaches a head-mounted display comprising: a housing (102, Figure 1); a mounting band (strap, ¶[0054]) that extends rearwardly from the housing (102, Figure 1) and that is to be mounted on a head (user, ¶[0055]; see also ¶[0054]); and a light-shielding member (30, Figure 1) that reduces external light to be incident to eyes (eye, ¶[0055]) on the head (head of user, ¶[0055]), wherein the light-shielding member (30, Figure 1) includes a nose accommodation portion (103, Figure 1) including a front portion, a right portion (right side of 1031 and 40, Figure 1), and a left portion (left side of 1031 and 40, Figure 1) configured to receive a nose of the on the head (user, ¶[0055]), the right portion (right side of 1031 and 40, Figure 1) includes a right inclined portion (see annotated Figure 1) that is inclined downwardly toward the right (see annotated Figure 1) and that configured is to elastically contact (“in order to ensure comfort during wearing” and “face fitting members” imply elastically contact, ¶[0046]) with at least part of an inner side portion (see 1022, Figure 1) of a right lens (right lens of 1022, Figure 1) edge of the user (user, ¶[0055]), and the left portion (left side of 1031 and 40, Figure 1) includes a left inclined portion that is inclined downwardly toward the left and that is configured to elastically contact (“in order to ensure comfort during wearing” and “face fitting members” imply elastically contact, ¶[0046]) with at least part of an inner side portion of a left lens edge on the nose (user, ¶[0055]).
Cheng fails to teach eyeglasses worn by the user and the eyeglasses are disposed on the nose.
Qin teaches a head-mounted display (title and abstract) comprising teach eyeglasses (401, Figure 4) worn by the user (user’s eye is 201, Figure, which implies a user) and the eyeglasses are disposed on the nose (401 Figure 4, is part of 102 which is part of 110, Figure 1, where 110 is disposed on the nose).
Therefore it would it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Cheng having the head-mounted display with the teachings of Qin having accommodations for a user’s eyeglasses and the eyeglasses are disposed on the nose for the purpose of allowing the user to have focused vision while using the head-mounted display.
With respect to Claim 12, Cheng further teaches wherein the light-shielding member (30, Figure 1) further includes an attachment portion (¶[0044]-[0045]) that is attached to the housing (102, Figure 1) and a light-shielding wall (103, Figure 1) projecting rearwardly from the attachment portion (¶[0044]-[0045]), at least part of the nose accommodation portion (103, Figure 1) is located in front of the attachment portion (¶[0044]-[0045]), and the housing (102, Figure 1) includes a recessed portion in which the part of the nose accommodation portion (103, Figure 1) located in front of the attachment portion (¶[0044]-[0045]) is arranged.
With respect to Claim 13, Cheng further teaches wherein the first right light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) and the first left light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) have a sheet-like configuration (see Figure 1), spaced away from each other in a first direction (see the opposite sides of 40, Figure 1) to form a slit (the accordion-like interior of 40, Figure 1) extends in a second direction perpendicular (see the opposite sides of 40, Figure 1) to the first direction between the first right light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) and the first left light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]).
With respect to Claim 14, Cheng further teaches wherein the right portion (right side of 1031 and 40, Figure 1) includes a first right light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) that extends to the left (see the opposite sides of 40, Figure 1) to reduce external light to be incident (40 is a face bonding member, which implies to adheres to the face, Figure 1) to the eyes (eye, ¶[0055]) of the user (user, ¶[0055]) through a gap between the nose accommodation portion (1031 and 40, Figure 1; 40 surrounds the upper portion of the nose) and the nose of the user, and the left portion (left side of 1031 and 40, Figure 1) includes a first left light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) that extends rightward to reduce external light to be incident to the eyes (eye, ¶[0055]) of the user (user, ¶[0055]) through a gap between the nose accommodation portion (1031 and 40, Figure 1; 40 surrounds the upper portion of the nose) and the nose of the user (the nose case 103 is provided with the nose holder 1031, which implies a nose, ¶[0056]).
With respect to Claim 15, Cheng further teaches wherein the first right light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) extends forwardly toward the left (see Figure 1), and the first left light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) extends forwardly toward the right (see Figure 1).
With respect to Claim 16, Cheng further teaches wherein the right portion (right side of 1031 and 40, Figure 1) further includes a second right light-shielding (see 2nd annotated Figure 1) portion that extends to the left (see 2nd annotated Figure 1) to reduce external light to be incident to the eyes (eye, ¶[0055]) of the user (user, ¶[0055]) through a gap (space between nose and 1031, Figure 1) between the nose accommodation portion (1031 and 40, Figure 1; 40 surrounds the upper portion of the nose) and the nose of the user (the nose case 103 is provided with the nose holder 1031, which implies a nose, ¶[0056]) and that is arranged in front of the first right light- shielding portion, and the left portion (left side of 1031 and 40, Figure 1) further includes a second left light-shielding portion (see 2nd annotated Figure 1) that extends to the right to reduce external light to be incident to the eyes (eye, ¶[0055]) of the user (user, ¶[0055]) through a gap (space between nose and 1031, Figure 1) between the nose accommodation portion (1031 and 40, Figure 1; 40 surrounds the upper portion of the nose) and the nose of the user (the nose case 103 is provided with the nose holder 1031, which implies a nose, ¶[0056]) and that is arranged in front of the first left light shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]).
With respect to Claim 17, Cheng further teaches wherein the first right light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) has an upper edge inclined downwardly toward the right (40, Figure 1, see right portion of 40), and the first left light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) has an upper edge inclined downwardly toward the left (40, Figure 1, see left portion of 40).
With respect to Claim 18, Cheng further teaches wherein the first right light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) and the first left light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) have a sheet-like configuration (see Figure 1), spaced away from each other in a first direction (see the opposite sides of 40, Figure 1) to form a slit (the accordion-like interior of 40, Figure 1) extends in a second direction perpendicular to the first direction (see the opposite sides of 40, Figure 1) between the first right light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]) and the first left light-shielding portion (40, Figure 1, is a face fitting member; see also ¶[0050]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (CN104880823), in view of Qin (US 2015/0103152 A1), and in further view of Ging et al., (hereafter Ging) (US 11,266,804 B2), as best understood.
With respect to Claim 3, Cheng in view of Qin teach the light-shielding member according to claim 1, the left and right inclined portion (see annotated Figure 1).
Cheng in view of Qin fail to teach wherein the right inclined portion is shaped to be recessed leftwardly at least at part thereof, and the left inclined portion is shaped to be recessed rightwardly at least at part thereof.
Ging teaches a patient interface assembly with a central aperture (abstract) comprising a nose cushion (Figure 24b) wherein the right inclined portion is shaped to be recessed leftwardly (see annotated Figure 24b) at least at part thereof, and the left inclined portion is shaped to be recessed rightwardly (see annotated Figure 24b) at least at part thereof.
Therefore it would it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Cheng in view of Qin having the head-mounted display with the teachings of Ging having the inclined areas for the purpose of providing a good seal along the sides of the nose in the crevice where the cheek meets the nose, column 27, lines 44-46.
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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.
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/TYW/Patent Examiner, Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
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