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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/20/2026 has been entered.
Response to Amendment
The amendments to the claims, in the submission dated 01/20/2026, are acknowledged and accepted. Claims 1, 11, and 12 are amended. Claims 1-14 are pending.
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.
Claims 1, 3-5, 8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Boesen et al. US PGPub 2018/0063625 A1 (hereinafter, “Boesen”) in view of Schoeck et al. US PGPub 2020/0204898 A1 (hereinafter, “Schoeck”), Ardisana, II et al. US PGPub 2020/0233238 A1 (hereinafter, “Ardisana”) and Abreu US PGPub 2016/0088382 A1 (of record, see IDS dated 12/13/2022, hereinafter, “Abreu”).
Regarding amended independent claim 1, Boesen discloses a pair of smart glasses (refer to at least title and abstract disclosing smart glasses, wherein the eyeglasses include at least a wireless transceiver and processor, equivalent to smart glasses), wherein the smart glasses are capable of being connected to a pair of wireless earphones (Boesen discloses communication of data between earpieces and eyeglasses in at least the abstract, and that the disclosure is directed to a smart linkage of completely wireless earpieces to smart glasses, par. [0014], and in par. [0031] Boesen discloses the earpieces 10 and eyeglasses 8 shown in Fig. 1 form a system, thus Boesen discloses smart glasses capable of being connected to a pair of wireless earphones), one wireless earphone is provided with an electrical connection part (Fig. 1, earpieces 10 include left earpiece 12A and right earpiece 12B and microphones 70A and 70B as shown in Fig. 2, par. [0032], and earpieces 12 include processors 30 and speaker 73, par. [0033], refer to Fig. 3, thus Boesen discloses electrical connections in the earpieces because such electrical connections are required for the devices to function as intended), and the smart glasses comprise:
a main body (Fig. 1, eyeglasses 8 have a main body, par. [0031], and Fig. 6 depicts glasses 200 with a frame including side arms 202A and 202B and a bridge area 204, par. [0038], thus Boesen discloses smart glasses with a main body comprised of at least a frame); and
a pair of glasses legs (Fig. 6, glasses 200 include side arms 202A and 202B, functionally equivalent to a pair of glasses legs), wherein one glasses leg is rotatably connected to the main body (Fig. 5 depicts a set of glasses, first eye glass 106A and second eye glass 106B with hinge 112A and 112B connected to side arm 110A and 110B, par. [0036], thus Boesen discloses the functional equivalent of at least one glasses leg rotatably connected to a main body), and the glasses leg is capable of being rotatably switched between a first position and a second position relative to the main body (Fig. 5, hinge 112A and 112B allow side arm 110A and 110B to pivot or rotate between at least two positions relative to the main body of the glasses disclosed by Boesen); and the glasses leg is provided with a first electrical connection part (Fig. 6, glasses 200 includes cameras 214A and 214B on side arms 202A and 202B, par. [0038], thereby implicitly disclosing the presence of electrical connection parts for the disclosed cameras to function as intended), at least one of the glasses leg or the main body is provided with a battery module (Boesen discloses a battery for eyeglasses, par. [0045], and the battery must be in either one of the side arms or the frame of the disclosed eyeglasses for the device to function as intended), and the first electrical connection part is electrically connected to the battery module (because Boesen discloses cameras 214A and 214B on side arms 202A and 202B of glasses 200, and a battery for the eyeglasses, the smart glasses disclosed by Boesen must include an electrical connection to the battery for the other electronic components disclosed to function as intended);
wherein the first position is a position where the glasses leg is perpendicular to the main body (Figs. 1 and 6 show side arms 202A perpendicular to the main body of the smart glasses 8); and
in a case that the glasses leg is located at the first position, the glasses leg is separated from the wireless earphone, the wireless earphone works independently with the smart glasses (Figs. 1 and 5, the eyeglasses 8 wirelessly communicate with one or both of the earpieces 12A and 12B, pars. [0031] and [0037]).
Boesen does not disclose the smart glasses are capable of being electrically connected to a pair of wireless earphones (Boesen discloses a system of wireless earpieces with smart linkage to smart glasses, pars. [0014] and [0031], shown in at least Figs. 1 and 5, but Boesen does not specifically and explicitly disclose electrical connections between the earpieces and the smart glasses), and Boesen does not disclose one wireless earphone is provided with a second electrical connection part (as noted above, Boesen discloses earpieces with electrical connections, as such electrical connections are required for the devices to function as intended, but Boesen does not disclose a second electrical connection that can be used to electrically connect the wireless earpieces to the smart glasses), and Boesen does not disclose one glasses leg is rotatably connected to the main body to allow the glasses leg to rotate up and down relative to the main body when a user wears the smart glasses (as noted above, in Fig. 5 Boesen discloses hinges 112A and 112B that allow side arms 110A and 110B to rotate but the side arms do not rotate in an up-down direction relative to the main body of the smart glasses), therefore Boesen does not disclose the second position is a position where the glasses leg is rotated down to connect with the wireless earphone located at an ear of the user because Boesen does not disclose, teach, or suggest rotation of the side arms in an up and down direction, and therefore Boesen does not disclose that in the second position, the glasses leg is detached from the ear of the user, and Boesen does not disclose that in a case that the glasses leg is located at the second position, the wireless earphone is located at the ear of the user, in a case that the user is using the wireless earphone, the glasses leg is connected to the wireless earphone, the first electrical connection part is electrically connected to the second electrical connection part, and the smart glasses charge or supply power to the wireless earphone through the first electrical connection part and the second electrical connection part, or the smart glasses are in data connection with the wireless earphone through the first electrical connection part and the second electrical connection part (Boesen does disclose connection between the smart glasses and wireless earpieces but not through the first and second electrical connections).
In the same field of invention, Schoeck discloses system 100, shown in at least Figs. 1-1 and 1-2 thereof, with earphones 102, where earphones 102 include electrical contact 116 to provide electrical power to earphones 102 (par. [0025] thereof), and Schoeck discloses earphone electrical contact 116 is positioned on the earphones 102 to ensure alignment between electrical contacts of system 100 (par. [0026] thereof).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Schoeck to the disclosure of Boesen and modified earpieces 10 to include electrical contacts, such as electrical contact 116 taught by Schoeck, positioned and aligned to ensure the earpieces disclosed by Boesen have reliable electrical connections for charging purposes (Schoeck, par. [0026]).
The prior art combination of Boesen in view of Schoeck does not disclose one glasses leg is rotatably connected to the main body to allow the glasses leg to rotate up and down relative to the main body when a user wears the smart glasses (as noted, in Fig. 5 Boesen discloses hinges 112A and 112B that allow side arms 110A and 110B to rotate, but the rotation is not in an up-down direction relative to the main body of the smart glasses), therefore the prior art combination does not disclose the second position is a position where the glasses leg is rotated down to connect with the wireless earphone located at an ear of the user; in the second position, the glasses leg is detached from the ear of the user, and consequently the prior art combination does not disclose in a case that the glasses leg is located at the second position, the wireless earphone is located at the ear of the user, in a case that the user is using the wireless earphone, the glasses leg is connected to the wireless earphone, the first electrical connection part is electrically connected to the second electrical connection part, and the smart glasses charge or supply power to the wireless earphone through the first electrical connection part and the second electrical connection part, or the smart glasses are in data connection with the wireless earphone through the first electrical connection part and the second electrical connection part.
In a related field of invention, Ardisana discloses eyewear 10, depicted in at least Figs. 1A-1D thereof, with frame 12 and temples 14 including an electrical connector, and electronic components 24 including battery 25 embedded within temple 14a (refer to title and abstract and pars. [0017-18] thereof). Ardisana further discloses temple 14a of eyewear 10 includes a first portion 15A and a second portion 17A (see Fig. 3 and pars. [0017] and [0025] thereof) where second portion 17A is pivotably connected to first portion 15A by hinge 32 as shown in Fig. 3 thereof (par. [0025] thereof), where hinge 32 permits vertical downward rotation of second portion 17A with respect to first portion 15A (par. [0026] thereof).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Ardisana to the disclosure of Boesen and modified side arms 202A and 202B of eyeglasses 200 to include a hinge, such as hinge 32 as taught by Ardisana, to allow side arms 202A and 202B to rotate up and down (i.e., in a vertical direction) relative to the frame of eyeglasses 200, so as to make physical contact with the earpieces 10 of Boesen (as modified according to the teachings of Schoeck to include electrical contacts) to permit a smooth rotation into engagement between elements of the system (Ardisana, par. [0026]).
Consequently, the prior art combination of Boesen in view of Schoeck and Ardisana teaches and renders obvious the limitations wherein the second position is a position where the glasses leg is rotated down to connect with the wireless earphone located at an ear of the user, because the combination of Boesen in view of Ardisana teaches glasses legs capable of being rotated up and down by the inclusion of a hinge in the glasses legs, and thus the combination of Boesen in view of Ardisana teaches and renders obvious the limitation when the glasses legs are in the second position, the glasses leg is detached from the ear of the user because the hinge of the side arms of Boesen as modified in view of Ardisana allows for pivoting or rotating the side arms up and down to make contact with the wireless earpieces of Boesen while being worn by a user, and in a case that the glasses leg is located at the second position, the wireless earphone is located at the ear of the user, in a case that the user is using the wireless earphone, the glasses leg is connected to the wireless earphone because the prior art combination allows for the physical connection of the side arms and earpieces.
However, the prior art combination of Boesen in view of Schoeck and Ardisana does not disclose the first electrical connection part is electrically connected to the second electrical connection part because the glasses leg of Boesen in view of Ardisana is capable of making physical contact with the earpieces of Boesen in view of Schoeck, but the elements do not make electrical connection by physical contact of the smart glasses and the wireless earpieces, and therefore the prior art combination does not disclose the smart glasses charge or supply power to the wireless earphone through the first electrical connection part and the second electrical connection part, or the smart glasses are in data connection with the wireless earphone through the first electrical connection part and the second electrical connection part (Boesen discloses data aggregated at the earpiece 12A, 12B may be wirelessly transmitted to the smart glasses 106A, 106B and further discloses data aggregated by the smart glasses 106A, 106B or auditory inputs from the smart glasses 106A, 106B may be wirelessly transmitted to the earpieces 12A, 12B, par. [0037], but Boesen does not disclose data is transmitted through electrical connections between the eyeglasses and the earpieces).
In the same field of invention, Abreu discloses detachable electronic eyeglasses 490, shown in at least Fig. 11 thereof, with right and left temples 492 and 494, right and left ear buds 496 and 498, and right and left electrical connectors 502 and 500 (par. [0292] thereof).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Abreu to the disclosure of Boesen and modified side arms 202 (either 202A or 202B, or both) to include an electrical connection point, such as electrical connectors 502 and/or 500 as taught by Abreu, so as to make a secure physical and electrical connection between the side arms (i.e., temples) of the eyeglasses and the earpieces to enhance usability of the electronics (Abreu, pars. [0188-193]).
Regarding dependent claim 3, Boesen in view of Schoeck, Ardisana, and Abreu (hereinafter, “modified Boesen”) discloses the smart glasses according to claim 1, and Schoeck further discloses wherein the second electrical connection part comprises a second electrical connection terminal and a second connector (Schoeck discloses earphone electrical contact 116 is positioned on the earphones 102 to ensure alignment between electrical contacts of system 100, par. [0026] thereof), and Boesen further discloses the first electrical connection part comprises a first electrical connection terminal and a first connector (Boesen Fig. 6, glasses 200 includes cameras 214A and 214B on side arms 202A and 202B, par. [0038], thereby implicitly disclosing the presence of electrical connection parts for the disclosed cameras to function as intended, and as modified according to the teachings of Abreu to include an electrical connection point, such as electrical connectors 502 and/or 500, Abreu, pars. [0188-193]); in a case that the glasses leg is located at the first position, the first connector is separated from the second connector, and the first electrical connection terminal is separated from the second electrical connection terminal (Boesen Figs. 1 and 5, eyeglasses 8 wirelessly communicate with one or both of the earpieces 12A and 12B, pars. [0031] and [0037], therefore the prior art combination teaches the limitation wherein the connectors and terminals are separated); and in a case that the glasses leg is located at the second position, the first connector is connected to the second connector, and the first electrical connection terminal is electrically connected to the second electrical connection terminal (the prior art combination of Boesen in view of Schoeck and Ardisana teaches and renders obvious the limitations wherein the second position is a position where the glasses leg is rotated down to connect with the wireless earphone located at an ear of the user, thus the first and second connectors and terminals are electrically connected).
Regarding dependent claim 4, modified Boesen discloses the smart glasses according to claim 3, and Schoeck further discloses wherein one of the second connector and the first connector is provided with a magnetically attractable component (Schoeck teaches the earphones 102 and the ports 112 can have complementary keying features to promote the alignment of the case electrical contact 114 and the earphone electrical contact 116, such as magnets, par. [0026] thereof), and the other is provided with a magnetic component (because Schoeck teaches the use of magnets for complementary keying features, the complementary feature for connecting to the magnet would either be a magnet or a magnetic material for the features of the device to function as intended); and in a case that the glasses leg is located at the second position, the magnetic component is magnetically connected to the magnetically attractable component (the prior art combination of Boesen in view of Schoeck and Ardisana teaches and renders obvious the limitations of magnetically connected and magnetically attractable components when the glasses leg is in the second position).
Regarding dependent claim 5, modified Boesen discloses the smart glasses according to claim 1, and Schoeck further discloses wherein the second electrical connection part comprises a second electrical connection terminal (Schoeck discloses earphone electrical contact 116 is positioned on the earphones 102 to ensure alignment between electrical contacts of system 100, par. [0026] thereof), and Boesen further discloses the first electrical connection part comprises a first electrical connection terminal (Boesen Fig. 6, glasses 200 includes cameras 214A and 214B on side arms 202A and 202B, par. [0038], thereby implicitly disclosing the presence of electrical connection parts for the disclosed cameras to function as intended, and as modified according to the teachings of Abreu to include an electrical connection point, such as electrical connectors 502 and/or 500, Abreu, pars. [0188-193]); in a case that the glasses leg is located at the first position, the first electrical connection terminal is separated from the second electrical connection terminal (Boesen Figs. 1 and 5, the eyeglasses 8 wirelessly communicate with one or both of the earpieces 12A and 12B, pars. [0031] and [0037], thereby teaching the limitation); and in a case that the glasses leg is located at the second position, the first electrical connection terminal is magnetically connected to and electrically connected to the second electrical connection terminal (the prior art combination of Boesen in view of Schoeck and Ardisana teaches and renders obvious the limitations wherein the second position is a position where the glasses leg is rotated down to connect with the wireless earphone located at an ear of the user, thus the first and second connectors and terminals are electrically connected).
Regarding dependent claim 8, modified Boesen discloses the smart glasses according to claim 1, and Boesen further discloses wherein the main body comprises a glasses frame and a connection section (Boesen Fig. 1, eyeglasses 8 have a main body, par. [0031], and Fig. 6 depicts glasses 200 with a frame including side arms 202A and 202B and a bridge area 204, par. [0038], thus Boesen discloses smart glasses with a main body, and Boesen in view of Abreu discloses right and left temples with right and left electrical connectors, such as connectors 502 and 500 as taught by Abreu in at least par. [0292] thereof), wherein one end of the connection section is movably connected to the glasses frame, the glasses leg is connected to the other end of the connection section, and the glasses leg is capable of being rotated relative to the glasses frame (Boesen in Fig. 5 depicts a set of glasses, first eye glass 106A and second eye glass 106B with hinge 112A and 112B connected to side arm 110A and 110B, par. [0036], thus Boesen discloses the functional equivalent of at least one glasses leg rotatably connected to a main body).
Regarding amended independent claim 11, Boesen discloses a pair of wireless earphones (abstract discloses completely wireless earpieces, see at least Fig. 1, and refer to at least pars. [0014] and [0031]), wherein the wireless earphones is capable of being connected to a pair of smart glasses (Boesen discloses wireless communication between earpieces and eyeglasses that form a system, par. [0031]), and the smart glasses comprise a main body and a pair of glasses legs (Fig. 1, eyeglasses 8 have a main body, par. [0031], and Fig. 6 depicts glasses 200 with a frame including side arms 202A and 202B and a bridge area 204, par. [0038], thus Boesen discloses smart glasses with a main body comprised of at least a frame with bridge area 204), wherein one glasses leg is connected to the main body (Fig. 5 depicts a set of glasses, first eye glass 106A and second eye glass 106B with hinge 112A and 112B connected to side arm 110A and 110B, par. [0036], thus Boesen discloses the functional equivalent of at least one glasses leg connected to a main body), and the glasses leg is capable of being rotatably switched between a first position and a second position relative to the main body (Fig. 5, hinge 112A and 112B allow side arm 110A and 110B to pivot or rotate between at least two positions relative to the main body of the smart glasses disclosed by Boesen), the glasses leg is provided with a first electrical connection part (Fig. 6, glasses 200 includes cameras 214A and 214B on side arms 202A and 202B, par. [0038], thereby suggesting the presence of electrical connection parts for the disclosed cameras to function as intended), at least one of the glasses leg or the main body is provided with a battery module (Boesen discloses a battery for eyeglasses, par. [0045], and the battery must be in either one of the side arms or the frame of the disclosed eyeglasses for the smart glasses to function as intended), and the first electrical connection part is electrically connected to the battery module (because Boesen discloses cameras 214A and 214B on side arms 202A and 202B of glasses 200, and a battery for the eyeglasses, the smart glasses disclosed by Boesen must include an electrical connection to the battery for the other electronic components disclosed to function as intended), and the wireless earphone comprises:
an electrical connection part (earpieces 10 include left earpiece 12A and right earpiece 12B and microphones 70A and 70B as shown in Fig. 2, par. [0032], and earpieces 12 include processors 30 and speaker 73, par. [0033], refer to Fig. 3, thus Boesen discloses electrical connections in the earpieces because such electrical connections are required for the devices to function as intended).
wherein the first position is a position where the glasses leg is perpendicular to the main body (Figs. 1 and 6 show side arms 202A perpendicular to the main body of the smart glasses 8);
wherein in a case that the glasses leg is located at the first position, the glasses leg is separated from the wireless earphone, the wireless earphone works independently with the smart glasses (Figs. 1 and 5, the eyeglasses 8 wirelessly communicate with one or both of the earpieces 12A and 12B, pars. [0031] and [0037]).
Boesen does not disclose one glasses leg is connected to the main body so as to allow the glasses leg to rotate up and down relative to the main body when a user wears the smart glasses (as noted above, in Fig. 5 Boesen discloses hinges 112A and 112B that allow side arms 110A and 110B to rotate but not in an up-down direction relative to the main body of the smart glasses), and Boesen does not disclose a second electrical connection part (as noted above, Boesen discloses earpieces with electrical connections, as such connections are required for the devices to function as intended, but Boesen does not disclose a second electrical connection that can be used to electrically connect the earpieces to the smart glasses), and therefore Boesen does not disclose wherein the second position is a position where the glasses leg is rotated down to connect with the wireless earphone located at an ear of the user; in the second position, the glasses leg is detached from the ear of the user, nor does Boesen disclose in a case that the glasses leg is located at the second position, the wireless earphone is located at an the ear of and in a case that the user is using the wireless earphone, the wireless earphone is connected to the glasses leg, the first electrical connection part is electrically connected to the second electrical connection part, and the smart glasses charge or supply power to the wireless earphone through the first electrical connection part and the second electrical connection part, or the smart glasses are in data connection with the wireless earphone through the first electrical connection part and the second electrical connection part.
In the same field of invention, Schoeck discloses a system 100, shown in at least Figs. 1-1 and 1-2 thereof, with earphones 102, where earphones 102 include electrical contact 116 to provide electrical power to earphones 102 (par. [0025] thereof), and Schoeck discloses earphone electrical contact 116 is positioned on the earphones 102 to ensure alignment between electrical contacts of system 100 (par. [0026] thereof).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Schoeck to the disclosure of Boesen and modified earpieces 10 to include electrical contacts, such as electrical contact 116 taught by Schoeck, positioned and aligned to ensure earpieces have reliable electrical connections for charging purposes (Schoeck, par. [0026]).
The prior art combination of Boesen in view of Schoeck does not disclose one glasses leg is rotatably connected to the main body to allow the glasses leg to rotate up and down relative to the main body when a user wears the smart glasses (as noted, in Fig. 5 Boesen discloses hinges 112A and 112B that allow side arms 110A and 110B to rotate but not in an up-down direction relative to the main body of the smart glasses), and therefore the prior art combination does not disclose wherein the second position is a position where the glasses leg is rotated down to connect with the wireless earphone located at an ear of the user; in the second position, the glasses leg is detached from the ear of the user, nor does the prior art combination disclose in a case that the glasses leg is located at the second position, the wireless earphone is located at an the ear of and in a case that the user is using the wireless earphone, the wireless earphone is connected to the glasses leg, the first electrical connection part is electrically connected to the second electrical connection part, and the smart glasses charge or supply power to the wireless earphone through the first electrical connection part and the second electrical connection part, or the smart glasses are in data connection with the wireless earphone through the first electrical connection part and the second electrical connection part.
In a related field of invention, Ardisana discloses eyewear 10, depicted in at least Figs. 1A-1D thereof, with frame 12 and temples 14 including an electrical connector, such as battery 25 as an element of electronic components 24 embedded within the temple 14a (refer to title and abstract and pars. [0017-18] thereof). Ardisana further discloses temple 14a of eyewear 10 includes a first portion 15A and a second portion 17A (pars. [0017] and [0025] thereof) where second portion 17A is pivotably connected to first portion 15A by hinge 32 as shown in Fig. 3 thereof (par. [0025] thereof), where hinge 32 permits vertical downward rotation of second portion 17A with respect to first portion 15A (par. [0026] thereof).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Ardisana to the disclosure of Boesen and modified side arms 202A and 202B of eyeglasses 200 to include a hinge, such as hinge 32 as taught by Ardisana, to allow for side arms 202A and 202B to rotate up and down (i.e., in a vertical direction) relative to the frame of eyeglasses 200, so as to make physical contact with the earpieces 10 of Boesen (as modified according to the teachings of Schoeck to include electrical contacts) to permit a smooth rotation into engagement between elements of the system (Ardisana, par. [0026]).
Consequently, the prior art combination of Boesen in view of Schoeck and Ardisana teaches and renders obvious the limitations wherein the second position is a position where the glasses leg is rotated down to connect with the wireless earphone located at an ear of the user, because the combination of Boesen in view of Ardisana teaches glasses legs capable of being rotated up and down by the inclusion of a hinge in the glasses legs, and thus the combination of Boesen in view of Ardisana teaches and renders obvious when the glasses legs are in the second position, the glasses leg is detached from the ear of the user, and consequently the prior art combination of Boesen in view of Ardisana teaches and renders obvious in a case that the glasses leg is located at the second position, the wireless earphone is located at the ear of the user, in a case that the user is using the wireless earphone, the glasses leg is connected to the wireless earphone.
The prior art combination of Boesen in view of Schoeck and Ardisana does not disclose the first electrical connection part is electrically connected to the second electrical connection part because the glasses leg of Boesen in view of Ardisana is capable of making physical contact with the earpieces of Boesen in view of Schoeck but not electrical connection by physical contact of the smart glasses and the wireless earpieces, and the prior art combination does not disclose the smart glasses charge or supply power to the wireless earphone through the first electrical connection part and the second electrical connection part, or the smart glasses are in data connection with the wireless earphone through the first electrical connection part and the second electrical connection part (Boesen discloses data aggregated at the earpiece 12A, 12B may be wirelessly transmitted to the smart glasses 106A, 106B and further discloses data aggregated by the smart glasses 106A, 106B or auditory inputs from the smart glasses 106A, 106B may be wirelessly transmitted to the earpieces 12A, 12B, par. [0037], but Boesen does not disclose data is transmitted through electrical connections between the eyeglasses and the earpieces).
In the same field of invention, Abreu discloses detachable electronic eyeglasses 490, shown in at least Fig. 11 thereof, with right and left temples 492 and 494, right and left ear buds 496 and 498, and right and left electrical connectors 502 and 500 (par. [0292] thereof).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Abreu to the disclosure of Boesen and modified side arms 202 (either 202A or 202B, or both) to include an electrical connection point, such as electrical connectors 502 and/or 500 as taught by Abreu, so as to make a secure physical and electrical connection between the side arms (i.e., temples) of the eyeglasses and the earpieces to enhance usability of the electronics (Abreu, pars. [0188-193]).
Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Boesen in view of Schoeck, Ardisana, and Abreu as applied to claim 1 above, and further in view of Kühnlein et al. US PGPub 2018/0361636 A1 (of record as CN 108431673 B, see IDS dated 12/13/2022, hereinafter, “Kühnlein”).
Regarding dependent claim 2, modified Boesen discloses the smart glasses according to claim 1, but the prior art combination does not explicitly and specifically disclose the limitation wherein one end of the main body connected to the glasses leg is provided with a rotation stopping part, and one end of the glasses leg connected to the main body is provided with a limiting surface (Boesen discloses hinges for rotation of side arms 202 with respect to the main frame of the smart glasses disclosed therein, and Ardisana likewise teaches hinges for rotation of components, but the prior art does not explicitly disclose stopping parts or limiting surfaces), and therefore the prior art combination does not disclose in a case that the glasses leg is located at the second position, the rotation stopping part and the limiting surface match each other for limitation in a rotation direction of the glasses leg.
In a related field of invention, Kühnlein discloses eyeglass temples 3 for a pair of glasses 1, see Fig. 1 and at least par. [0065] thereof, with eyeglass temple main part 5 and eyeglass temple adjustment part 6 (par. [0067] thereof), and hinge bearing bodies 8 and 9 on main body 7 of temple main part 5 (par. [0068] thereof), wherein one end of the main body connected to the glasses leg is provided with a rotation stopping part (Kühnlein discloses stop face 32, par. [0087]), and one end of the glasses leg connected to the main body is provided with a limiting surface (stop protrusion 30, par. [0087]), and in a case that the glasses leg is located at the second position, the rotation stopping part and the limiting surface match each other for limitation in a rotation direction of the glasses leg (Kühnlein teaches the displacement path of the eyeglass temple 3 is limited, par. [0087], such that in the operating position of the respective eyeglass temple 3, the latching devices 22 and 28 engage one another, and stop protrusion 30 bears against stop face 32 to prevent further movement, see Fig. 6).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Kühnlein to the disclosure of Boesen and included a rotation stopping part in the smart glasses (either eyeglasses 8 or glasses 200) to get in the way of further pivoting movement in a blocking manner to prevent over-rotation and breaking of glasses legs (Kühnlein, par. [0087]).
Regarding dependent claim 10, modified Boesen discloses the smart glasses according to claim 1, but the prior art combination does not explicitly and specifically disclose wherein the glasses leg is connected to the main body through a flexible connector, and the glasses leg is capable of being rotated relative to the main body through the flexible connector (the prior art cited teaches glasses legs, or the equivalents, connected to the main body, or the equivalent, of a pair of glasses, but the prior art is silent as to the nature and degree of flexibility in the connectors disclosed therein).
In a related field of invention, Kühnlein discloses a pair of glasses 1 (see at least Fig. 1 thereof) with eyeglass temple 3 having eyeglass temple main part 5 and eyeglass temple adjustment part 6 (par. [0067] thereof) and cylindrical inclination bearing body 16 protruding from basis 15 (see Figs. 2 and 3 and refer to par. [0070] thereof) where temple adjustment part 6 can rotate relative to lenses 2 and nose recess 4 of the glasses frame (see at least Figs. 4, 6, and 7 for positioning of adjustment part 6 in different orientations). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Kühnlein to the disclosure of Boesen and included a temple adjustment part on the sides 208 and 210 of glasses 202 to allow adjustment of the inclination of the eyeglass wearer’s lines of vision and a lens surface of the pair of glasses (Kühnlein, par. [0028]). The prior art combination of Boesen in view of Kühnlein teaches and renders obvious the limitation wherein the glasses leg is connected to the main body through a flexible connector, and the glasses leg is capable of being rotated relative to the main body through the flexible connector (because the temple adjustment part as taught by Kühnlein when combined with the sides of the glasses disclosed by Boesen allows for a flexible connection allowing the glasses leg to be rotated relative to the main body through the flexible connector).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Boesen in view of Schoeck, Ardisana, and Abreu as applied to claim 1 above, and further in view of Howell et al. US PGPub 2012/0050668 A1 (of record, see Office action dated 07/09/2025, hereinafter, “Howell”).
Regarding dependent claim 6, modified Boesen discloses the smart glasses according to claim 3, but the prior art combination does not specifically and explicitly disclose wherein one of the second electrical connection terminal and the first electrical connection terminal is provided with an elastically electrical connection terminal, and the other is provided with an electrical connection piece (the prior art combination is silent as to the presence or inclusion of elastic electrical connections); and in a case that the glasses leg is located at the second position, the elastically electrical connection terminal is electrically connected to the electrical connection piece (while the prior art combination does disclose the electrical connection between elements, the prior art is silent as to the inclusion or use of elastically electrical connections).
In a related field of invention, Howell, in embodiment 925, see Fig. 18 thereof, discloses at least two elastic pieces in the eyewear 927 (par. [0183] thereof). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the smart glasses disclosed by Boesen to include elastic electrical components in the electrical connections at the temples to provide secure and reliable connection between components (Howell, par. [0183]).
Regarding dependent claim 7, modified Boesen discloses the smart glasses according to claim 1, and Boesen further discloses wherein the wireless earphone comprises an earphone body and a speaker (Boesen, earpieces 12 and 12B each have earpiece housing 14A and 14B as shown in Fig. 2, par. [0032], and Figs. 3 and 4 show speakers 73 as components of earpieces, pars. [0033-34]), the earphone body is connected to the speaker (Figs. 2, 3, and 4 demonstrate earpiece housing 14A and 14B are connected to speakers 73, pars. [0032-34], as required for the earpieces to function as intended), and Schoeck further discloses the second electrical connection part is disposed on the earphone body (Schoeck discloses earphone electrical contact 116 is positioned on the earphones 102 to ensure alignment between electrical contacts of system 100, par. [0026] thereof), the glasses leg comprises a top surface, a bottom surface, and an inner side surface connecting the top surface to the bottom surface (Boesen in Fig. 6 depicts glasses 200 with side arms 202A and 202B as having a top surface, a bottom surface, and an inner side surface connecting the top and bottom surfaces), and the first electrical connection part is disposed on the inner side surface (the prior art combination of Boesen in view of Abreu discloses detachable electronic eyeglasses 490 with right and left electrical connectors 502 and 500, par. [0292] thereof, and as shown in at least Fig. 11 thereof the electrical connector 502 is disposed on the inner surface of right temple 492).
The prior art combination does not disclose the speaker and the second electrical connection part are located on two opposite sides of the earphone body (Schoeck in Fig. 1-1 shows electrical contact 116 on a surface perpendicular to the speaker 106 of earphones 102, par. [0024]). However, Examiner notes that it has been held that a mere rearrangement of an element without modification of the operation of the device involves only routine skill in the art. In re Japiske, 86 USPQ 70 (CCPA 1950). In this case, the rearrangement of electrical contact 116 disclosed in the cited prior art from a position on top of the earphone to a position opposite the speaker does not modify the operation of the device because the disposition of the electrical contact does not influence the operation of the device either positively or negatively, and the benefit of this modification include ease of connection between the side arms and the earpiece, to provide the full functionality of the disclosed wearable electronic devices (Schoeck, par. [0008]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Boesen in view of Schoeck, Ardisana, and Abreu as applied to claim 1 above, and further in view of Gui et al. US PGPub 2020/0174558 A1 (hereinafter, “Gui”).
Regarding dependent claim 9, modified Boesen discloses the smart glasses according to claim 1, but the prior art combination does not explicitly disclose wherein the smart glasses further comprise a control switch (Boesen and Ardisana are silent as to the inclusion of control switches in the devices disclosed, and Schoeck discloses a button or switch for the earphones disclosed therein, refer to Schoeck par. [0044], but Schoeck does not disclose smart glasses with a switch, and Abreu discloses the invention uses an electrical connection in the temples that includes an electromagnetic switch, refer to Abreu par. [0381], but Abreu does not specifically disclose the switch is for control), and therefore the prior art combination does not disclose the control switch is disposed between the battery module and the first electrical connection part; nor does the prior art combination disclose the limitations that in a case that the glasses leg is located at the first position, the control switch is in an off state; and in a case that the glasses leg is located at the second position, the control switch is in an on state.
In a related field of invention, Gui discloses wearable electronic device 100 with frame 108, front portion 142, hinges 144, and arms 146, as shown in at least Fig. 1 thereof, where each arm rotates between a folded position, in which the arm is tucked against front 142, and an unfolded position, in which the arm extends away from front 142 at around a 90-degree angle (par. [0036] thereof). Gui further discloses that as arms 146 transition between a folded position and an unfolded the position, the output of a Hall effect sensor and/or configuration of a reed switch changes (par. [0038] thereof), and a processing apparatus 110 in wearable electronic device 100 includes functionality to perform on-detection 124 and off-detection 126 in wearable electronic device 100 (par. [0051] thereof), where processing apparatus 110 identifies measurements that indicate unfolding of arms 146 in frame 108 (par. [0052] thereof).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Gui to the disclosure of Boesen and modified the processor in control system 30 with a sensor or switch, such as processing apparatus 110 connected to a Hall effect sensor or a reed switch as taught by Gui, in the eyeglasses (either eyeglasses 8 or eyeglasses 200) disclosed by Boesen to detect the position of side arms 202A and 202B and control the power on/off sequence of the smart glasses, to automatically transition the smart glasses between power states (Gui, par. [0059]). As such, the prior art combination of Boesen in view of Gui teaches and renders obvious the limitation that in a case that the current position is the first position, the first electrical connection part to be powered off and in a case that the current position is the second position, the first electrical connection part to be powered on because Gui teaches the positioning of the arms of a pair of smart glasses indicates and determines the power state of the device (Gui, par. [0056]).
Furthermore, Boesen discloses a battery for eyeglasses (par. [0045]), and the battery must be in either one of the side arms or the frame of the disclosed eyeglasses for the device to function as intended. Examiner notes that it has been held that a mere rearrangement of an element without modification of the operation of the device involves only routine skill in the art. In re Japiske, 86 USPQ 70 (CCPA 1950). In this case, the rearrangement of switches disclosed in the cited prior art does not modify the operation of the device because the disposition of the control switch between a battery module and an electrical connection part does not influence the operation of the device either positively or negatively. The benefits of this modification include ease of access to the full functionality provided by wearable electronic devices (Gui, par. [0057]).
Claims 12 13 are rejected under 35 U.S.C. 103 as being unpatentable over Boesen in view of Gui, Schoeck, Ardisana, and Abreu.
Regarding amended independent claim 12, Boesen discloses a control method for a wearable device assembly (Fig. 4 shows a device with control system 30 that includes processors, microcontrollers, application specific integrated circuits, and/or other types of integrated circuits, par. [0034]), wherein the wearable device assembly comprises a pair of wireless earphones and a pair of smart glasses (Boesen discloses communication of data between earpieces and eyeglasses in at least the abstract, and that the disclosure is directed to a smart linkage of completely wireless earpieces to smart glasses, par. [0014], and in par. [0031] Boesen discloses the earpieces 10 and eyeglasses 8 shown in Fig. 1 form a system, thus Boesen discloses smart glasses capable of being connected to a pair of wireless earphones), a glass leg of the smart glasses comprises a first electrical connection part (Fig. 6, glasses 200 includes cameras 214A and 214B on side arms 202A and 202B, par. [0038], thereby suggesting the presence of electrical connection parts for the disclosed cameras to function as intended), and control method comprising:
wherein the current position of the glasses leg comprises a first position and a second position (Fig. 5, hinge 112A and 112B allow side arm 110A and 110B to pivot or rotate between at least two positions relative to the main body of the glasses disclosed by Boesen) and wherein the first position is a position where the glasses leg is perpendicular to the main body (Figs. 1 and 6 show side arms 202A perpendicular to the main body of the smart glasses 8), the wireless earphone works independently with the smart glasses (Figs. 1 and 5, the eyeglasses 8 wirelessly communicate with one or both of the earpieces 12A and 12B, pars. [0031] and [0037]).
Boesen does not disclose detecting a current position of the glasses leg, nor does Boesen disclose the glasses leg is capable of rotating up and down relative to the main body when a user wears the smart glasses (as noted, Boesen discloses hinges that allow rotation of the side arms, but the rotation of the side arms is not in an up-down direction) therefore Boesen does not disclose the second position is a position where the glasses leg is rotated down to connect with the wireless earphone located at an ear of the user; in the second position, the glasses leg is detached from the ear of the user, nor does Boesen disclose controlling, in a case that the current position is the first position, the first electrical connection part to be powered off, and Boesen does not disclose controlling, in a case that the current position is the second position, the wireless earphone is located at the ear of the user, and in a case that the user is using the wireless earphone, the first electrical connection part to be powered on, and the smart glasses charge or supply power to the wireless earphone through the first electrical connection part and the second electrical connection part, or the smart glasses are in data connection with the wireless earphone through the first electrical connection part and the second electrical connection part.
In a related field of invention, Gui discloses wearable electronic device 100 with frame 108, front portion 142, hinges 144, and arms 146, as shown in at least Fig. 1 thereof, where each arm rotates between a folded position, in which the arm is tucked against front 142, and an unfolded position, in which the arm extends away from front 142 at around a 90-degree angle (par. [0036] thereof). Gui further discloses that as arms 146 transition between a folded position and an unfolded the position, the output of a Hall effect sensor and/or configuration of a reed switch changes (par. [0038] thereof), and a processing apparatus 110 in wearable electronic device 100 includes functionality to perform on-detection 124 and off-detection 126 in wearable electronic device 100 (par. [0051] thereof), where processing apparatus 110 identifies measurements that indicate unfolding of arms 146 in frame 108 (par. [0052] thereof).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Gui to the disclosure of Boesen and modified the processor in control system 30 with a sensor or switch, such as processing apparatus 110 connected to a Hall effect sensor or a reed switch as taught by Gui, in the eyeglasses (either eyeglasses 8 or eyeglasses 200) disclosed by Boesen to detect the position of side arms 202A and 202B and control the power on/off sequence of the smart glasses, to automatically transition the smart glasses between power states (Gui, par. [0059]). As such, the prior art combination of Boesen in view of Gui teaches and renders obvious the limitation that in a case that the current position is the first position, the first electrical connection part to be powered off and in a case that the current position is the second position, the first electrical connection part to be powered on because Gui teaches the positioning of the arms of a pair of smart glasses indicates and determines the power state of the device (Gui, par. [0056]).
The prior art combination of Boesen in view of Gui does not disclose the glasses leg is capable of rotating up and down relative to the main body when a user wears the smart glasses (as noted above, in Fig. 5 Boesen discloses hinges 112A and 112B that allow side arms 110A and 110B to rotate but the rotation is not in an up-down direction relative to the main body of the smart glasses), and therefore the prior art combination does not disclose wherein, and the second position is a position where the glasses leg is rotated down to connect with the wireless earphone located at an ear of the user, nor does the prior art combination disclose in the second position, the glasses leg is detached from the ear of the user, and the prior art combination does not disclose controlling, in a case that the current position is the second position, the wireless earphone is located at the ear of the user, and in a case that the user is using the wireless earphone, and the smart glasses charge or supply power to the wireless earphone through the first electrical connection part and the second electrical connection part, or the smart glasses are in data connection with the wireless earphone through the first electrical connection part and the second electrical connection part.
In the same field of invention, Schoeck discloses a system 100, shown in at least Figs. 1-1 and 1-2 thereof, with earphones 102, where earphones 102 include electrical contact 116 to provide electrical power to earphones 102 (par. [0025] thereof), and Schoeck discloses earphone electrical contact 116 is positioned on the earphones 102 to ensure alignment between electrical contacts of system 100 (par. [0026] thereof).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Schoeck to the disclosure of Boesen and modified earpieces 10 to include electrical contacts, such as electrical contact 116 taught by Schoeck, positioned and aligned to ensure earpieces have reliable electrical connections for charging purposes (Schoeck, par. [0026]).
The prior art combination of Boesen in view of Gui and Schoeck does not disclose one glasses leg is rotatably connected to the main body to allow the glasses leg to rotate up and down relative to the main body when a user wears the smart glasses (as noted, in Fig. 5 Boesen discloses hinges 112A and 112B that allow side arms 110A and 110B to rotate but the rotation is not in an up-down direction relative to the main body of the smart glasses), therefore the prior art combination does not disclose the second position is a position where the glasses leg is rotated down to connect with the wireless earphone located at an ear of the user, nor does the prior art combination disclose in the second position, the glasses leg is detached from the ear of the user, and the prior art combination does not disclose controlling, in a case that the current position is the second position, the wireless earphone is located at the ear of the user, and in a case that the user is using the wireless earphone, and the smart glasses charge or supply power to the wireless earphone through the first electrical connection part and the second electrical connection part, or the smart glasses are in data connection with the wireless earphone through the first electrical connection part and the second electrical connection part.
In a related field of invention, Ardisana discloses eyewear 10, depicted in at least Figs. 1A-1D thereof, with frame 12 and temples 14 including an electrical connector, such as battery 25 as an element of electronic components 24 embedded within the temple 14a (refer to title and abstract and pars. [0017-18] thereof). Ardisana further discloses temple 14a of eyewear 10 includes a first portion 15A and a second portion 17A (pars. [0017] and [0025] thereof) where second portion 17A is pivotably connected to first portion 15A by hinge 32 as shown in Fig. 3 thereof (par. [0025] thereof), where hinge 32 permits vertical downward rotation of second portion 17A with respect to first portion 15A (par. [0026] thereof).
Therefore it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Ardisana to the disclosure of Boesen and modified side arms 202A and 202B of eyeglasses 200 to include a hinge, such as hinge 32 as taught by Ardisana, to allow for side arms 202A and 202B to rotate up and down (i.e., in a vertical direction) relative to the frame of eyeglasses 200, so as to make physical contact with the earpieces 10 of Boesen (as modified according to the teachings of Schoeck to include electrical contacts) to permit a smooth rotation into engagement between elements of the system (Ardisana, par. [0026]).
The prior art combination of Boesen in view of Gui, Schoeck, and Ardisana teaches and renders obvious the limitations wherein the second position is a position where the glasses leg is rotated down to connect with the wireless earphone located at an ear of the user, because the combination of Boesen in view of Ardisana teaches glasses legs capable of being rotated up and down by the inclusion of a hinge in the glasses legs, and thus the combination of Boesen in view of Ardisana teaches and renders obvious when the glasses legs are in the second position, the glasses leg is detached from the ear of the user, and consequently the prior art combination of Boesen in view of Ardisana teaches and renders obvious in a case that the glasses leg is located at the second position, the wireless earphone is located at the ear of the user, in a case that the user is using the wireless earphone, the glasses leg is connected to the wireless earphone.
The prior art combination of Boesen in view of Schoeck and Ardisana does not disclose the first electrical connection part is electrically connected to the second electrical connection part because the glasses leg of Boesen in view of Ardisana is capable of making electrical contact with the earpieces of Boesen in view of Schoeck, and the prior art combination does not disclose the smart glasses charge or supply power to the wireless earphone through the first electrical connection part and the second electrical connection part, or the smart glasses are in data connection with the wireless earphone through the first electrical connection part and the second electrical connection part (Boesen discloses data aggregated at the earpiece 12A, 12B may be wirelessly transmitted to the smart glasses 106A, 106B and further discloses data aggregated by the smart glasses 106A, 106B or auditory inputs from the smart glasses 106A, 106B may be wirelessly transmitted to the earpieces 12A, 12B, par. [0037], but Boesen does not disclose the data is transmitted through the electrical connections between the eyeglasses and the earpieces).
In the same field of invention, Abreu discloses detachable electronic eyeglasses 490, shown in at least Fig. 11 thereof, with right and left temples 492 and 494, right and left ear buds 496 and 498, and right and left electrical connectors 502 and 500 (par. [0292] thereof).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Abreu to the disclosure of Boesen and modified side arms 202 (either 202A or 202B, or both) to include an electrical connection point, such as electrical connectors 502 and/or 500 as taught by Abreu, so as to make a secure physical and electrical connection between the side arms (i.e., temples) of the eyeglasses and the earpieces to enhance usability of the electronics (Abreu, pars. [0188-193]).
Regarding dependent claim 13, Boesen in view of Gui, Schoeck, Ardisana, and Abreu discloses a wearable device assembly (Boesen discloses the earpieces 10 and eyeglasses 8 shown in Fig. 1 form a system, par. [0031], and because earpieces and eyeglasses are intended to be worn by a user, Boesen discloses the equivalent of a wearable device assembly), comprising:
a processor (Boesen discloses earpieces 12 include processors 30 and speaker 73, par. [0033], refer to Fig. 3 and Fig. 4 shows a device with control system 30 that includes processors, microcontrollers, application specific integrated circuits, and/or other types of integrated circuits, par. [0034]); and Ardisana, Abreu, and Gui further disclose a memory storing a program or an instruction that is capable of running on the processor, wherein the program or the instruction, when executed by the processor, causes the wearable device assembly to perform the control method according to claim 12 (Ardisana teaches frame 12 may include data storage means, par. [0017] thereof, and Abreu teaches electronic eyewear 10including memory 62, see Fig. 1C thereof and refer to pars. [0255-256] of Abreu, and Gui teaches code and/or data for the devices and methods disclosed therein may be stored on non-transitory computer-readable storage medium, par. [0034] thereof).
Regarding dependent claim 14, Boesen in view of Gui, Schoeck, Ardisana, and Abreu discloses a non-transitory readable storage medium storing a program or an instruction (Gui teaches code and/or data for the devices and methods disclosed therein may be stored on non-transitory computer-readable storage medium, par. [0034] thereof), wherein the program or the instruction, when executed by a processor, performs the control method according to claim 12 (see rejection of claim 12 above).
Response to Arguments
Applicant’s arguments with respect to claims 1-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/JUSTIN W. HUSTOFT/ Examiner, Art Unit 2872
/THOMAS K PHAM/ Supervisory Patent Examiner, Art Unit 2872