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 .
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Response to Amendment
The amendments filed on 12/24/2025 are acknowledged and accepted. Claims 9-10, 13, 15-16, and 19-20 and are amended, claims 12 and 18 are canceled/withdrawn, claims 21-22 have been added, and Claims 1-22 remain pending in the application.
Response to Arguments
Applicant's arguments filed 12/24/2025 have been fully considered but they are not persuasive in regards to independent claim 1.
On page 14 paragraph 3 of the Remarks, Applicant asserts that an electrode on the lens module of Franklin is not equivalent to an electrode “on a nose-bridge portion of the housing cover” as disclosed in the instant application. However, the office disagrees with this assertion. Fig. 3 of Franklin clearly sets forth a scenario in which a sensor electrode (44) is on a nose-bridge portion (70E) of the housing cover (70). It is clear from Fig. 3 that the electrodes are placed at a location corresponding to the user’s nose (40, 42). Although franklin does not use the verbiage ‘nose-bridge’ the positioning of the electrodes would be essentially the same as the claimed position in claim 1.
Furthermore, Franklin specifies in para [0031] that module 70 may function as a lens or display housing: “Modules 70, which may sometimes be referred to as lens support structures, lens housings, or lens and display housings.” Therefore, the rejection of claim 1 is maintained and the Applicants arguments are not deemed to be persuasive. See the detailed rejection of claim 1 below.
Acknowledgement is made of the disqualification of the Bernschein reference under 102(b)(2)(C). Therefore, the rejections of claims 6, 12, and 13 which previously relied on the Bernschein referenced have been withdrawn.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Maric (US 20210325678 A1), previously cited, and further in view of Franklin (US 20200064635 A1), previously cited.
Regarding claim 1, Maric teaches in Figs. 1-2: a head-mounted device (“device 10”; [0022]), comprising:
a head-mounted housing (“housing 12”; [0022]); first and second optical assemblies (“left and right optical modules 40”; [0028]) in an interior region (“interior region 34”; [0024]) of the housing (12) that are configured to provide images respectively to first and second eye boxes (13) (“the images provided by respective left and right optical modules 40 may be viewed by the user's eyes in eye boxes 13”; [0028]);
a housing cover (12C) that is configured to block the interior region from view (“cover 12C on rear face R may help hide internal housing structures, internal components 38, and other structures in interior region 34 from view by a user”; [0024]), wherein
the housing cover (12C) has first and second cover openings that are respectively aligned with the first and second optical assemblies (40) (“cover 12C may cover rear face R while leaving lenses 30 of optical modules 40 uncovered (e.g., cover 12C may have openings that are aligned with and receive modules 40)”; [0032]).
However, Maric fails to explicitly teach: a sensor electrode on a nose-bridge portion of the housing cover.
However, in a related invention in the field of head-mounted devices, Franklin teaches in Fig. 3: a sensor electrode (“sensor electrodes 44”; [0034]) on a nose-bridge portion (“inner edges 70E of lens modules 70 relative nose side surfaces 42”; [0032]) of the housing cover (“Modules 70, which may sometimes be referred to as lens support structures, lens housings, or lens and display housings, may be individually positioned relative to the housing wall structures of main unit 26-2”; [0031], “proximity sensor 20 may be formed from capacitive sensor electrodes 44 (FIG. 3) that are located on flexible printed circuit 48 in region 50 (e.g., on the exterior of lens module 70)”; [0035]).
Furthermore, Franklin teaches this configuration such that “To avoid excessive pressure on a user's nose, sensing circuitry such as proximity sensing circuitry may be used to detect relative positions between the left and right lens modules and facing surfaces of the user's nose. Control circuitry may adjust the lens modules using the interpupillary distance information for the user and using information from the sensing circuitry to prevent excessive pressure from the lens modules on the user's nose” (Franklin, [0007]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Maric to incorporate the teachings of Franklin to provide a device comprising a sensor electrode on a nose-bridge portion of the housing cover, for the purpose of avoiding excessive pressure on a user's nose by using sensing circuitry to detect relative positions between the left and right lens modules (Franklin, [0007]).
Regarding claim 2, Maric and Franklin teach the head-mounted device defined in claim 1. Maric further teaches in Figs. 1-2: the housing cover comprises fabric (“Cover layer 12CL may be formed from a stretchable layer such as a stretchable fabric layer”; [0043]).
Claims 3-5, 7-8, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Maric (US 20210325678 A1) and Franklin (US 20200064635 A1), as in independent Claim 1 above and further in view of Aimone (US 20180348863 A1), previously cited.
Regarding claim 3, Maric and Franklin teach the head-mounted device defined in claim 2. Maric further teaches in Fig. 1: the fabric comprises a stretchable fabric (“Cover layer 12CL may be formed from a stretchable layer such as a stretchable fabric layer”; [0043]).
Maric fails to explicitly teach: the sensor electrode comprises conductive strands in the fabric.
However, in a related invention in the field of head mounted displays, Aimone teaches: the fabric comprises a stretchable fabric and wherein the sensor electrode comprises conductive strands in the fabric (“The conductive fabric may be a stretchable or non-stretchable conductive fabric. In some embodiments, the conductive fabric includes woven conductive threads”; [0177], “the conductive threads are used in electrode”; [0176]).
Furthermore, Aimone teaches this configuration such that “the conductive threads are used in electrodes measuring impedance-tolerant bio-signals, such as EMG and EOG bio-signals” (Aimone, [0176]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Maric and Franklin to incorporate the teachings of Aimone to provide a device in which the fabric comprises a stretchable fabric and wherein the sensor electrode comprises conductive strands in the fabric, for the purpose of measuring impedance-tolerant bio-signals (Aimone, [0176]).
Regarding claim 4, Maric, Franklin, and Aimone teach the head-mounted device defined in claim 3. Maric fails to explicitly teach: the sensor electrode comprises a capacitive sensor electrode.
However, Franklin teaches in Fig. 3: the sensor electrode comprises a capacitive sensor electrode (“proximity sensor 20 with a set of multiple capacitive proximity sensor electrodes 44”; [0034]).
Furthermore, Franklin teaches this configuration such that “proximity sensor 20 with a set of multiple capacitive proximity sensor electrodes 44 that are used in detecting direct contact and/or proximity of nose surface 42” (Franklin, [0034]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Maric to incorporate the teachings of Franklin to provide a device in which the sensor electrode comprises a capacitive sensor electrode, for the purpose of detecting direct contact and/or proximity of a nose (Franklin, [0034]).
Regarding claim 5, Maric, Franklin, and Aimone teach the head-mounted device defined in claim 3. Maric fails to explicitly teach: the sensor electrode comprises a switch-based sensor electrode.
However, Franklin teaches in Fig. 3: the sensor electrode comprises a switch-based sensor electrode (“sensor 20 may include switches for contact sensors that change state when pressed against nose surface 42”; [0034]).
Furthermore, Franklin teaches this configuration such that “sensor 20 may include switches for contact sensors that change state when pressed against nose surface 42, may contain force sensors (e.g., resistive force sensors, capacitive force sensors, strain gauges, optical force sensors, etc.) that detect pressure on sensor 20 due to contact between edge 70E (and sensor 20) and corresponding nose surface 42, etc.” (Franklin, [0034]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Maric to incorporate the teachings of Franklin to provide a device in which the sensor electrode comprises a switch-based sensor electrode, for the purpose of providing contact sensors that change state when pressed against nose surface (Franklin, [0034]).
Regarding claim 7, Maric, Franklin, and Aimone teach the head-mounted device defined in claim 3. Maric further teaches: actuators (43) configured to adjust an assembly-to-assembly spacing between the first and second optical assemblies (40) (“To provide device 10 with the ability to adjust the interpupillary spacing between modules 40 along lateral dimension X and thereby adjust the spacing IPD between eye boxes 13 to accommodate different user interpupillary distances, device 10 may be provided with optical module positioning systems in housing 12. The positioning systems may have guide members and actuators 43 that are used to position optical modules 40 with respect to each other”; [0030]).
Regarding claim 8, Maric, Franklin, and Aimone teach the head-mounted device defined in claim 7. Maric fails to explicitly teach: the actuators are configured to use measurements from the sensor electrode to avoid creating excessive nose pressure due to movement of the first and second optical assemblies.
However, Franklin teaches in Fig. 3: the actuators (58) are configured to use measurements from the sensor electrode (44) to avoid creating excessive nose pressure due to movement of the first and second optical assemblies (“positioners 58 are moving lens modules 70 and lenses 72 (e.g., while spacing LD is being reduced to move modules 70 towards adjacent surfaces of the user's nose), control circuitry 12 uses proximity sensor circuitry (e.g., proximity sensor 20) to monitor the distance between each lens module edge 70E and an adjacent surface 42 of nose 40”; [0042], “proximity sensor 20 with a set of multiple capacitive proximity sensor electrodes 44”; [0034]).
Furthermore, Franklin teaches this configuration such that “To accommodate users with different interpupillary distances, the left and right lens modules may be moved towards or away from each other. To avoid excessive pressure on a user's nose, sensing circuitry such as proximity sensing circuitry may be used to detect relative positions between the left and right lens modules and facing surfaces of the user's nose. Control circuitry may adjust the lens modules using the interpupillary distance information for the user and using information from the sensing circuitry to prevent excessive pressure from the lens modules on the user's nose. (Franklin, [0007]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Maric to incorporate the teachings of Franklin to provide a device in which the actuators are configured to use measurements from the sensor electrode to avoid creating excessive nose pressure due to movement of the first and second optical assemblies, for the purpose of preventing user discomfort and accommodating users with different interpupillary distances (Franklin, [0007]).
Regarding claim 21, Maric and Franklin teach the head-mounted device defined in claim 2. Maric further teaches in Fig. 1: the fabric comprises a stretchable fabric ((“Cover layer 12CL may be formed from a stretchable layer such as a stretchable fabric layer”; [0043]).
Maric fails to explicitly teach: the sensor electrode comprises a capacitive sensor electrode on the fabric.
However, in a related invention in the field of head mounted displays, Aimone teaches: the fabric comprises a stretchable fabric and wherein the sensor electrode comprises conductive strands in the fabric (“The conductive fabric may be a stretchable or non-stretchable conductive fabric. In some embodiments, the conductive fabric includes woven conductive threads”; [0177], “the conductive threads are used in electrode measuring impedance-tolerant bio-signals”; [0176]).
Furthermore, Aimone teaches this configuration such that “the conductive threads are used in electrodes measuring impedance-tolerant bio-signals, such as EMG and EOG bio-signals” (Aimone, [0176]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Maric and Franklin to incorporate the teachings of Aimone to provide a device in which the fabric comprises a stretchable fabric and wherein the sensor electrode comprises conductive strands in the fabric, for the purpose of measuring impedance-tolerant bio-signals (Aimone, [0176]).
Allowable Subject Matter
Claims 6 and 22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, the closets prior art, Maric and Franklin, teach the head-mounted device defined in claim 3.
However, Maric and Franklin fail to explicitly teach: an additional sensor electrode on a given one of the first and second optical assemblies.
As such, the prior art of record, taken alone or in combination, fails to teach or reasonably suggest the limitation of Claim 6 specifically including: “an additional sensor electrode on a given one of the first and second optical assemblies.” Therefore, the combination of features is considered to be allowable.
Claim 22 would be allowable for its dependence on claim 6.
Claims 9-11, 13-17, and 19-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 9, the closest prior art, Maric, teaches in Figs. 1-2: a head-mounted device, comprising:
a housing (“device 10”; [0022]);
first and second optical assemblies (“left and right optical modules 40”; [0028]) that are supported by the housing (12) and that are configured to display images to first and second respective eye boxes (13) (“the images provided by respective left and right optical modules 40 may be viewed by the user's eyes in eye boxes 13”; [0028]); first and second actuators (“actuators 43”; [0030]) configured to respectively move the first and second optical assemblies (40) with respect to each other to accommodate an interpupillary distance (“To provide device 10 with the ability to adjust the interpupillary spacing between modules 40 along lateral dimension X and thereby adjust the spacing IPD between eye boxes 13 to accommodate different user interpupillary distances, device 10 may be provided with optical module positioning systems in housing 12. The positioning systems may have guide members and actuators 43 that are used to position optical modules 40 with respect to each other”; [0030]) ; and a capacitive sensor configured to make capacitance measurements (“Sensors 16 in input-output devices 24 may include force sensors (e.g., strain gauges, capacitive force sensors, resistive force sensors, etc.)”; [0037]) …
and a fabric curtain coupled to the housing (“housing portion 12M may have housing walls on front face F and housing walls on adjacent top, bottom, left, and right side faces that are formed from rigid polymer or other rigid support structures and these rigid walls may optionally be covered with electrical components, fabric, leather, or other soft materials, etc.”; [0023]).
Maric fails to explicitly teach: the first and second actuators are configured to halt movement of the first and second optical assemblies towards each other based at least partly on the capacitance measurement, and a fabric curtain coupled to the housing, wherein the capacitive sensor has a first electrode on the fabric curtain and a second electrode on the first optical assembly.
However, in a related invention in the field of head-mounted devices, Franklin teaches in Figs. 2-3: first and second actuators (“Positioners 58”; [0031], see Fig. 2) configured to respectively move the first and second optical assemblies with respect to each other to accommodate an interpupillary distance (“positioners 58 may be used to adjust the spacing between modules 70 (and therefore the lens-to-lens spacing between the left and right lenses of modules 70) to match the interpupillary distance IPD of a user's eyes”; [0031]); and
a capacitive sensor configured to make capacitance measurements (“proximity sensor 20 with a set of multiple capacitive proximity sensor electrodes 44”; [0034]), wherein the first and second actuators (58) are configured to halt movement of the first and second optical assemblies towards each other based at least partly on the capacitance measurement (“After gathering interpupillary distance IPD, control circuitry 12 of device 10 may, during the operations of block 102, use positioners 58 to adjust the spacing LD between lens centers LC so that this distance matches interpupillary distance IPD and so that the centers of lenses 72 are aligned with respective eye centers PC. While positioners 58 are moving lens modules 70 and lenses 72 (e.g., while spacing LD is being reduced to move modules 70 towards adjacent surfaces of the user's nose), control circuitry 12 uses proximity sensor circuitry (e.g., proximity sensor 20) to monitor the distance between each lens module edge 70E and an adjacent surface 42 of nose 40”; [0042]).
Furthermore, Franklin teaches this configuration such that “To avoid excessive pressure on a user's nose, sensing circuitry such as proximity sensing circuitry may be used to detect relative positions between the left and right lens modules and facing surfaces of the user's nose. Control circuitry may adjust the lens modules using the interpupillary distance information for the user and using information from the sensing circuitry to prevent excessive pressure from the lens modules on the user's nose” (Franklin, [0007]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Maric to incorporate the teachings of Franklin to provide a device comprising control circuitry used to adjust the lens modules using the interpupillary distance information for the user, for the purpose of avoiding excessive pressure on a user's nose by using sensing circuitry to detect relative positions between the left and right lens modules (Franklin, [0007]).
However, the prior art of record fails to explicitly teach: the capacitive sensor has a first electrode on the fabric curtain and a second electrode on the first optical assembly.
As such, the prior art of record, taken alone or in combination, fails to teach or reasonably suggest the limitation of Claim 9 specifically including: “the capacitive sensor has a first electrode on the fabric curtain and a second electrode on the first optical assembly.” Therefore, the combination of features is considered to be allowable.
Claims 10-11 and 13-14 would be allowable for their dependence on claim 9.
Regarding claim 15, the closest prior art, Maric, teaches in Figs. 1-2: a head-mounted device (“device 10”; [0022]), comprising:
a head-mounted housing (“housing 12”; [0022]);
first and second optical assemblies (“left and right optical modules 40”; [0028]) that are supported by the head-mounted housing (12) and that are configured to display images in first and second respective eye boxes (13) (“the images provided by respective left and right optical modules 40 may be viewed by the user's eyes in eye boxes 13”; [0028]); at least one actuator (“actuators 43”; [0030]) configured to move the first and second optical assemblies (40) with respect to each other to accommodate an interpupillary distance (“To provide device 10 with the ability to adjust the interpupillary spacing between modules 40 along lateral dimension X and thereby adjust the spacing IPD between eye boxes 13 to accommodate different user interpupillary distances, device 10 may be provided with optical module positioning systems in housing 12. The positioning systems may have guide members and actuators 43 that are used to position optical modules 40 with respect to each other”; [0030]).
However, Maric fails to explicitly teach: a sensor having at least first and second electrodes, located respectively on the first and second optical assemblies, wherein the actuator is configured to halt movement of the first and second optical assemblies towards each other at least partly based on information from the sensor, and a cover coupled to the head-mounted housing, wherein the sensor further comprises third and fourth electrodes on the cover.
However, in a related invention in the field of head-mounted devices, Franklin teaches in Fig. 3:
at least one actuator (“Positioners 58”; [0031]) configured to move the first and second optical assemblies (70) with respect to each other to accommodate an interpupillary distance (“positioners 58 may be used to adjust the spacing between modules 70 (and therefore the lens-to-lens spacing between the left and right lenses of modules 70) to match the interpupillary distance IPD of a user's eyes”; [0031]); and
a sensor having at least first and second electrodes (“proximity sensor 20 with a set of multiple capacitive proximity sensor electrodes 44”; [0034]) located respectively on the first and second optical assemblies, wherein the actuator (58) is configured to halt movement of the first and second optical assemblies towards each other at least partly based on information from the sensor (“positioners 58 are moving lens modules 70 and lenses 72 (e.g., while spacing LD is being reduced to move modules 70 towards adjacent surfaces of the user's nose), control circuitry 12 uses proximity sensor circuitry (e.g., proximity sensor 20) to monitor the distance between each lens module edge 70E and an adjacent surface 42 of nose 40”; [0042].
Furthermore, Franklin teaches this configuration such that “To avoid excessive pressure on a user's nose, sensing circuitry such as proximity sensing circuitry may be used to detect relative positions between the left and right lens modules and facing surfaces of the user's nose. Control circuitry may adjust the lens modules using the interpupillary distance information for the user and using information from the sensing circuitry to prevent excessive pressure from the lens modules on the user's nose” (Franklin, [0007]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Maric to incorporate the teachings of Franklin to provide a device comprising control circuitry used to adjust the lens modules using the interpupillary distance information for the user, for the purpose of avoiding excessive pressure on a user's nose by using sensing circuitry to detect relative positions between the left and right lens modules (Franklin, [0007]).
However, the prior art of record fails to explicitly teach: the sensor further comprises third and fourth electrodes on the cover.
As such, the prior art of record, taken alone or in combination, fails to teach or reasonably suggest the limitation of Claim 15 specifically including: “the sensor further comprises third and fourth electrodes on the cover.” Therefore, the combination of features is considered to be allowable.
Claims 16-17 and 19-20 would be allowable for their dependence on claim 15.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 11860444 B2: To accommodate variations in the interpupillary distances associated with different users, a head-mounted device may have left-eye and right-eye optical modules that move with respect to each other. To hide internal structures from view, the rear of a head-mounted device may be provided with a cover.
US20230375801A1: To accommodate users with different interpupillary distances, the optical modules may be slidably coupled to guide members such as guide rods. Actuators may slide the optical modules towards or away from each other along the guide rods.
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 RUBY L KAUFFMAN whose telephone number is (571)272-1738. The examiner can normally be reached Mon-Fri 7:30am - 5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached at (571) 272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RUBY L KAUFFMAN/Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872