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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Amendment
Applicant’s remarks/amendments have not resolved the drawing objection of claim 16. Specifically, while Applicant points to Figure 12 element 1230, such step does not show a test stimuli on a display - i.e. there is no display in the figures, there is no test stimuli on such display in the figures.
Applicant’s amendments to claim 23 have resolved the drawing issue of not showing swimming goggles or motorcycle helmet.
Applicant’s remarks regarding the prior art of Katzman are not persuasive.
Applicant considers Katzman to fail to teach “readjusting the respective geometric configuration of the adjustable test eyeglasses frame”. Examiner is not per persuaded. As best as Examiner understands, Applicant is relying on the claim language to require a physical geometric readjustment. As cited by Examiner, Katzman readjusts the geometric location of the displayed target (68) about the screen (24). Thus, Katzman provides a teaching of readjusting the respective geometric configuration of the display target of the adjustable eyeglasses frame.
Additionally, Applicant considers Katzman as failing to teach “generating data to build an eyewear device having a fixed geometry”. Examiner is not persuaded. As cited in the Office Action mailed January 12, 2026, Katzman teaches using the collected data of the pupil location process to machine spectacle lenses. Such lenses are in fact an “eyewear device” which has a fixed geometry.
Election/Restrictions
Newly submitted claims 24-38 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Group I, Claims 16-23 drawn to an anthropomorphic capturing method of fitting eyewear
Group II, claims 24-38 drawn to methods of viewing screen distortion and interchanging nose bridges.
Group I and II lack unity because the prior art of Katzman teaches claim 16.
Applicant has already elected Group I without traverse1.
Accordingly, claims 24-38 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
a) displaying one more test stimuli (claim 16) - i.e. no display or test stimuli are shown in the figures
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 16-18, 21-23 are rejected under 35 U.S.C. 102(a1) as being anticipated by Katzman et al. (US 2005/0041209 - Katzman; of record).
As to claim 16, Katzman teaches A method for capturing anthropometric data of a person using an adjustable eyeglasses frame (Katzman Fig. 1A - 10, 12), the adjustable eyeglasses frame holding a pair of lenses (Katzman Fig. 1A - 24; para. [0028]; Fig. 2A - 24), at least one of the lenses associated with a virtual display (Katzman Fig. 1A - 24; para. [0028], [0032], [0034] - A person versed in the art will appreciate that the image may be a reality image or a virtual image), the method comprising
assembling adjustable eyeglasses frame in a respective geometric configuration using adjustable components from a kit (Katzman Fig. 2A - 12, 20, 24, 36, 38, 40, 52; para. [0031]);
in an iterative fitting procedure, positioning the adjustable eyeglasses frame on the person to hold the at least one of the lenses associated with a virtual display in front of the eyes of the person (Katzman Figs. 1A, 2A - 24, 76; para. [0041], [0042]);
causing a display of one or more test stimuli on the virtual display (Katzman Figs. 3A-3C; para. [0040]);
when received feedback from the person indicates perceptions of the displayed one or more test stimuli match target perceptions of the one or more test stimuli, determining the respective geometric configuration of the test adjustable frame as being a best-fit geometric configuration of the test adjustable eyeglasses frame (Katzman Fig. 1B; Fig. 2A; para. [0041]-[0044] - At the end of the measurement process, processor 30 generates the coordinates of the pupils 76 with respect to the true position of the eyeglass frame 12, based on the processed data registered by the processor 30);
when received feedback from the person indicates perceptions of the displayed one or more test stimuli do not match the target perceptions of the one or more test stimuli, readjusting the respective geometric configuration of the adjustable test eyeglasses frame, and repeating the iterative fitting procedure (Katzman Fig. 2A; para. [0040]-[0044] - The graphic image displayed on the display modules 24 is displaceable about the display module and is controllable by means of a controlling assembly (e.g. in FIG. 1A comprising processor 30 ad controller 32) which in the present embodiment is by wireless means and for that purpose a receiver/transmitter unit 64 is mounted on the frame 46…The process may repeat several times (using the same graphic images or different ones at each time and optionally changing the size and distance of the target mark) and each time the graphic image intercepts with the individual's line of vision a point of interception is registered into the processor 30, e.g. by use of the control unit 32);
recording results of the iterative fitting procedure (Katzman para. [0044]);
generating data to build an eyewear device having a fixed geometry for the person based on anthropometric data extracted from the results of the iterative fitting procedure (Katzman para. [0016], [0046]).
As to claim 17, Katzman teaches all the limitations of the instant invention as detailed above with respect to claim 16, and Katzman further teaches the adjustable components from the kit include adjustable nose bridges (Katzman Fig. 2A - 36, 40, 24; para. [0008], [0015], [0031]) to set one or more of interpupillary distance, nose-to-eye pupil distance, face wrap, head width, and ear position of the adjustable eyeglasses frame (Katzman Fig. 2A - 36, 40, 24; para. [0008], [0015], [0031] - setting and determining pupil position (PP)).
As to claim 18, Katzman teaches all the limitations of the instant invention as detailed above with respect to claim 16, and Katzman further teaches the adjustable components from the kit include nose bridges adjustable to set one or more of interpupillary distance, wrap angles, and cyclo-rotations of the adjustable eyeglasses frame (Katzman Fig. 2A - 36, 40, 24; para. [0008], [0015], [0031] - setting and determining pupil position (PP)).
As to claim 21, Katzman teaches all the limitations of the instant invention as detailed above with respect to claim 16, and Katzman further teaches causing the display of one or more test stimuli on the virtual display includes causing a display of one or more of: optometric test images and test patterns including one or more of color patterns to assess color uniformity, line patterns to assess distortion, and dot patterns to assess focus (Katzman Figs. 3A-C).
As to claim 22, Katzman teaches all the limitations of the instant invention as detailed above with respect to claim 16, and Katzman further teaches the target perceptions of the one or more test stimuli include one or more of:
observing a full size the virtual display; uniform brightness, color, sharpness, contrast across the virtual display; uniformity of focus across the virtual display; vertical and horizontal alignment, absence of image distortions; and keystone defect-free image (Katzman Figs. 3A-C; para. [0033]).
As to claim 23, Katzman teaches all the limitations of the instant invention as detailed above with respect to claim 16, and Katzman further teaches generating data to build an eyewear device with a fixed geometry for the person based on anthropometric data extracted from the results of the iterative fitting procedure includes generating data to build a fixed- geometry eyeglasses frame that matches the best-fit geometric configuration of the test adjustable eyeglasses frame (Katzman para. [0016]).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Katzman as applied to claim 16 above, and further in view of Castaneda et al. (US 11,113,889 - Castaneda; of record).
As to claim 19, Katzman teaches all the limitations of the instant invention as detailed above with respect to claim 16, but doesn’t specify the adjustable components from the kit include nose pads adjustable to set to set a height of the adjustable eyeglasses frame when worn by the person.
In the same field of endeavor Castaneda teaches a kit for adjustable eyewear with nose pads adjustable to set a height of the adjustable eyeglasses frame when worn by a person (Castaneda Figs. 8-9 - 280, 294; col. 5:21-40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide adjustable nose pads since, as taught by Castaneda, adjustable nose pads are well known in the art for the purpose of setting the height of the eyewear lenses/displays (Castaneda Figs. 8-9 - 280, 294; col. 5:21-40).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Katzman as applied to claim 16 above, and further in view of Allione (US 2018/0129068; of record).
As to claim 20, Katzman teaches all the limitations of the instant invention as detailed above with respect to claim 16, but doesn’t specify the adjustable components from the kit include replaceable fixed-geometry nose bridges, each replaceable fixed-geometry nose bridge corresponding to a fixed inter-frame separation distance and a fixed wrap angle of the adjustable eyeglasses frame.
In the same field of endeavor Allione teaches kits of eyewear with replaceable fixed-geometry nose bridges, each replaceable fixed-geometry nose bridge corresponding to a fixed inter-frame separation distance and a fixed wrap angle of the test adjustable eyeglasses frame (Allione Fig. 1 - 131, 132, 133, 134, 120, 110; para. [0071], [0076], [0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide relaceable nose bridges since, as taught by Allione, such elements allow for specially adapting the nose bridge to wearer (Allione para. [0077]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Edwin et al. (US 10,917,634; 2019/0222830); Hiraide (US 9,341,851; 2014/0340285); Yoshida (US 8,556,414; 2012/0206816); Heffner (US 5,971,538); Xu et al. (US 2021/0271091); Kinoshita (US 2015/0323792); Nitschke et al. (WO 2021/136613) are cited as additional examples of adjusting HMD position with nose bridge/pads.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY W WILKES whose telephone number is (571)270-7540. The examiner can normally be reached M-F 8-4 (Pacific).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZACHARY W WILKES/Primary Examiner, Art Unit 2872 June 23, 2026
1 Response filed November 24, 2025
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