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 .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/18/2025 has been entered.
Response to Amendment
Applicant’s arguments filed 12/18/2025 have been fully considered but they are not persuasive.
The applicant argues (see page 7) regarding the amended claim 1 that the combination of Hughes / Yoshii would “result in deterioration of detection accuracy of the detective element.” This is not persuasive. The examiner merely relies on Yoshii for the teaching of a counter substrate including a color filter, a light source arranged behind the counter substrate, and a transparent electrode (see Office Action, page 4). Therefore, the device would function properly as the examiner stated. The claim language therefore does not patentably distinguish over the applied reference[s], and the previous rejections are maintained.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang et al. (US 2018/0239151).
Regarding claim 10, Chang et al. (figure 7) discloses a head-mountable device comprising:
a frame (130);
a display element (111) supported by the frame;
a head securement element (120); and
a light seal element (110, 120) coupled to the frame and comprising multiple portions defining a continuous surface for engaging face of a user, wherein each respective one of the multiple portions defining the continuous surface (portions of 110 and 120) is coupled to the frame by a respective pair of joints that are configured to provide the respective one of the multiple portions with rotational movement about a respective axis that extends through the respective pair of joints and relative to the frame to orient a respective engagement surface to be aligned with a respective region of the face of the user (110, 122, 124, 126; see at least paragraphs 0022-0023), wherein each of the joints is directly coupled to multiple ones of the multiple portions defining the continuous surface (portions of 110 and 120).
Regarding claim 11, Chang et al. (figure 7) discloses wherein the light seal element further comprises: an outer side configured to releasably engage the frame; bridge elements extending from the outer side; and in inner side defined by the multiple portions and being coupled to the outer side by the bridge elements (132, 134, 136).
Regarding claim 12, Chang et al. (figure 7) discloses wherein: the frame comprises a frame attachment element on an inner side of the frame; and the light seal element further comprises a light seal attachment element on an outer side of the light seal element, the light seal attachment element being configured to releasably engage the frame attachment element (132, 134, 136).
Regarding claim 13, Chang et al. (figure 7) discloses wherein the multiple portions comprise: a forehead portion configured to rotatably align with a forehead of the user; a nose portion configured to rotatably align with a nose of the user; a first cheek portion configured to rotatably align with a first cheek of the user; a second cheek portion configured to rotatably align with a second cheek of the user; a first side portion configured to rotatably align with a first side of the face of the user; and a second side portion configured to rotatably align with a second side of the face of the user (110, 122, 124, 126; see at least paragraphs 0022-0023).
Regarding claim 14, Chang et al. (figure 7) discloses wherein the first side portion and the second side portion are biased to engage the face of the user.
The limitation, “wherein the first side portion and the second side portion are biased to engage the face of the user” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Chang et al. discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so.
Regarding claim 15, Chang et al. (figure 7) discloses wherein the multiple portions can connected to each other by a cable extending through each of the multiple portions and between adjacent pairs of the multiple portions (connection portions of 100).
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 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 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (US 2018/0239151) in view of Hirschmann (US 2,979,729).
Regarding claim 16, Chang et al. (figure 7) discloses a frame (130); a display element (111) supported by the frame; and a light seal element (110, 120) coupled to the frame and comprising:
a nose portion (122 and 126; see at least paragraphs 0022-0023) coupled to the frame by a second pair of joints that are configured to provide the nose portion with rotational movement about an axis that extends through the second pair of joints; and
a cheek portion (124; see at least paragraph 0023) coupled to the frame by a third pair of joints that are configured to provide the cheek portion with rotational movement about an axis that extends through the third pair of joints, wherein the third pair of the joints includes a joint of the second pair of joints (portions of 110, 122, 124, 126; see at least paragraphs 0022-0023); and
a side portion (124; see at least paragraph 0023) coupled to the frame by a fourth pair of joints that are configured to provide the side portion with rotational movement about an axis that extends through the fourth pair of joints, wherein the fourth pair of the joints includes a joint of the first pair of joints (portions of 110, 122, 124, 126; see at least paragraphs 0022-0023).
Chang et al. discloses the limitations as shown in the rejection of claim 16 above. However, Chang et al. is silent regarding a forehead portion. Hirschmann (figures 1-3) teaches a forehead portion (42, 44, 48) to the frame by a first pair of joints that are configured to provide the forehead portion with rotational movement about an axis that extends through the first pair of joints (the eye cups can then be adjusted from this initial relative position as required to suit the comfort of the individual wearer; see at least page two, the last two paragraphs, and page 3, the first three paragraphs). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the forehead portion as taught by Hirschmann in order to provide such a goggle wherein the flattened parts of the bridge member which focus bending thereof are so located as to maintain the lens surfaces properly aligned at all times.
Regarding claim 17, Chang et al. (figure 7) discloses wherein the cheek portion is a first cheek portion, and wherein the side portion is a first side portion, the head-mountable device further comprising a second cheek portion and a second side portion (portions of 110, 122, 124, 126; see at least paragraphs 0022-0023).
Regarding claim 18, Chang et al. (figure 7) discloses wherein the side portion is biased to an orientation within a range of motion about the fourth axis that extends through the fourth pair of joints (see at least paragraphs 0022-0023).
Regarding claim 19, Chang et al. (figure 7) discloses a head securement element configured to pull the light seal element toward a face of a user when worn (figure 8A).
Regarding claim 20, Chang et al. (figure 7) discloses wherein: the frame comprises a frame attachment element on an inner side of the frame; and the light seal element further comprises a light seal attachment element on an outer side of the light seal element, the light seal attachment element being configured to releasably engage the frame attachment element (132, 134, 136; see at least paragraphs 0022-0023).
Allowable Subject Matter
Claim 1 is allowed.
The following is an examiner's statement of reasons for allowance:
The specific limitations of “the first cheek portion being coupled to the outer side by a third pair of the joints configured to provide the first cheek portion with rotational movement with respect to the outer side of the light seal element and about a third axis extending through the third pair of joints, wherein the third pair of the joints includes a first joint of the second pair of joints; a second cheek portion configured to engage a second cheek of the user, the first cheek portion being coupled to the outer side by a fourth pair of joints configured to provide the second cheek portion with rotational movement with respect to the outer side of the light seal element and about a fourth axis extending through the fourth pair of joints, wherein the fourth pair of the joints includes a second joint of the second pair of joints: and a side portion configured to engage a side of a face of the user, the side portion being coupled to the outer side by a fifth pair of joints configured to provide the side portion with rotational movement with respect to the outer side of the light seal element and about a fifth axis extending through the fifth pair of joints, wherein the fifth pair of the joints includes a first joint of the first pair of joints” in the combination as claimed in claim 1 are not provided nor made obvious by the prior art of record.
Being depending on claim 1, claims 2-9 would also be allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN NGUYEN whose telephone number is (571)270-1428. The examiner can normally be reached on Monday - Thursday, 8:00 AM -6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth, can be reached at 571-272-97911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAUREN NGUYEN/Primary Examiner, Art Unit 2871