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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/15/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 8, and 15 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5, 7, 15, 16, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Breed et al (U.S. Pat # 11,508,249) in view of Enriquez et al (pub # 20200112711) and further in view of Lin et al (U.S. Pat # 9,298,283).
Consider claim 1. Breed et al teaches A cartridge, (Figs. 1-4 and col. 5 lines 19-21, smartphone 12). comprising:
a housing; (Figs. 1-4, smartphone 12 has a housing).
a processor positioned within the housing, (col. 5 lines 43-44, processor in the smartphone 12).
the processor configured to provide video output to a display unit of a head-mounted display (HMD); (Figs. 1-4, smartphone 12 mounted inside a front portion of the HMD to provide display to the user. Col. 5 lines 39-42, Smartphone 12 is mounted in a frame that positions it in front of the student in the same manner as many augmented or virtual reality (VR) devices… the smartphone 12 provides the display).
and an attachment interface configured to removably attach the cartridge to the display unit. (Figs. 1-4 and col. 5 lines 25-30, To retain the smartphone 12, there is a receiving space, slot or aperture defined in the assembly 11 receiving the smartphone 12, possibly in a frame or housing of the assembly 11, and which are generally referred to as retaining means).
Breed et al does not specifically disclose that the display unit is formed as an integral part of the HMD as required by the claim language. However Enriquez et al in at least Fig. 1 and paragraph 0073 discloses an HMD 2000 capable of interfacing with a mobile device 1000 wherein the HMD can include a display with at least one lens, thus a display unit being an integral part of the HMD. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the HMD of Breed et al to include a display unit as disclosed by Enriquez et al in order to provide a more immersive experience for the user.
Breed et al in view of Enriquez et al does not specifically disclose adjacent to a display screen of the display unit. However Lin et al in at least Fig. 10 and col. 16 lines 1-16 discloses a headset 1005 that can hold a mobile device 1035 on top of said headset using a clear piece of material 1015, thus an interface. Headset 1005 also comprises a screen 1010 that reflects the light emitted from the display of mobile device 1035 onto the eyes of the user of the headset, thus the screen 1010 can be interpreted as a display screen. As can be seen from Fig. 10 the screen 1010 is adjacent to mobile device 1035 when it is mounted on the headset 1005. 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 features of Lin et al with the invention of Breed et al in view of Enriquez et al so as to allow a user to maintain situational awareness, minimize the discomfort of virtual-reality environments, enable ease of content navigation, connect to real-world peripherals such as a keyboards and mice (Lin et al col. 6 lines 6-10).
Consider claim 15. Breed et al teaches An electronic component for a head-mountable device, (Figs. 1-4 and col. 5 lines 19-21, smartphone 12). the electronic component comprising:
an input to receive a user input; (col. 4 lines 59-60, A smartphone such as those on the market today without any changes. Also See at least Fig. 16 which shows a typical smartphone having various user inputs on it such as buttons and an audio input).
and a central processing unit (CPU) of the head-mountable device; (col. 5 lines 43-44, processor in the smartphone 12).
wherein the electronic component is configured to be selectively removed from the head-mountable device. (Figs. 1-4 and col. 5 lines 25-30, To retain the smartphone 12, there is a receiving space, slot or aperture defined in the assembly 11 receiving the smartphone 12, possibly in a frame or housing of the assembly 11, and which are generally referred to as retaining means).
Breed et al does not specifically disclose independent of a display of the head-mountable device. However Enriquez et al in at least Fig. 1 and paragraph 0073 discloses an HMD 2000 capable of interfacing with a mobile device 1000 wherein the HMD can include a display with at least one lens, thus a display unit being an integral part of the HMD. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the HMD of Breed et al to include a display unit as disclosed by Enriquez et al in order to provide a more immersive experience for the user.
Breed et al in view of Enriquez et al does not specifically disclose positioned adjacent to a display screen. However Lin et al in at least Fig. 10 and col. 16 lines 1-16 discloses a headset 1005 that can hold a mobile device 1035 on top of said headset using a clear piece of material 1015, thus an interface. Headset 1005 also comprises a screen 1010 that reflects the light emitted from the display of mobile device 1035 onto the eyes of the user of the headset, thus the screen 1010 can be interpreted as a display screen. As can be seen from Fig. 10 the screen 1010 is adjacent to mobile device 1035 when it is mounted on the headset 1005. 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 features of Lin et al with the invention of Breed et al in view of Enriquez et al so as to allow a user to maintain situational awareness, minimize the discomfort of virtual-reality environments, enable ease of content navigation, connect to real-world peripherals such as a keyboards and mice (Lin et al col. 6 lines 6-10).
Consider claim 2. Breed et al further teaches The cartridge of claim 1, further comprising:
a battery positioned within the housing, (col. 4 lines 59-60, A smartphone such as those on the market today without any changes, thus a battery within the housing of the smartphone).
the battery configured to power the HMD; (col. 6 lines 2-8, Cable 19 connects electronics in the frame or housing of the assembly 11 (HMD) with the smartphone 12, when the free end of the cable 19 is connected to a mating port on the smartphone 12, and to the processor of the smartphone 12 since the processor of the smartphone 12 is controlling the operation of the bone microphone 10 and other electronic components on the assembly 11, thus the smartphone also powering the HMD).
and a cable electrically connecting the cartridge to the HMD; (col. 6 lines 2-8, Cable 19 connects electronics in the frame or housing of the assembly 11 (HMD) with the smartphone 12).
wherein the cartridge is configured to be removably inserted into a slot defined by the HMD. (Figs. 1-4 and col. 5 lines 25-30, To retain the smartphone 12, there is a receiving space, slot or aperture defined in the assembly 11 receiving the smartphone 12, possibly in a frame or housing of the assembly 11, and which are generally referred to as retaining means).
Consider claim 3. Breed et al further teaches The cartridge of claim 1, wherein the attachment interface is configured to removably attach the cartridge within an internal volume of the display unit. (Figs. 1-4 and col. 5 lines 25-30, To retain the smartphone 12, there is a receiving space, slot or aperture defined in the assembly 11 receiving the smartphone 12, possibly in a frame or housing of the assembly 11, and which are generally referred to as retaining means).
Consider claim 5. Breed et al further teaches The cartridge of claim 1, wherein the attachment interface comprises at least one of a mechanical coupler or a magnetic coupler. (col. 8 lines 22-26, It is possible to provide the support member 34 with a spring to cause it to exert a rearward force against the smartphone 12 (toward the front part of the frame or housing) and thereby provide for better retention of the smartphone 12 in the assembly 11, thus a mechanical coupler).
Consider claim 7. Breed et al further teaches The cartridge of claim 1, further comprising a user input interface to receive a user input. (col. 4 lines 59-60, A smartphone such as those on the market today without any changes. Also See at least Fig. 16 which shows a typical smartphone having various user inputs on it such as buttons and an audio input).
Consider claim 16. Breed et al further teaches The electronic component of claim 15, wherein the input comprises at least one of a button, a touchpad, or an analog stick, or a D-pad. (col. 4 lines 59-60, A smartphone such as those on the market today without any changes. Also See at least Fig. 16 which shows a typical smartphone having various user inputs on it such as buttons and an audio input).
Consider claim 18. Breed et al further teaches The electronic component of claim 15, wherein the electronic component is attachable to the head-mountable device. (Figs. 1-4 and col. 5 lines 25-30, To retain the smartphone 12, there is a receiving space, slot or aperture defined in the assembly 11 receiving the smartphone 12, possibly in a frame or housing of the assembly 11, and which are generally referred to as retaining means).
Consider claim 20. Breed et al further teaches The electronic component of claim 15, further comprising a battery, wherein the battery is a primary power source of the head-mountable device. (col. 6 lines 2-8, Cable 19 connects electronics in the frame or housing of the assembly 11 (HMD) with the smartphone 12, when the free end of the cable 19 is connected to a mating port on the smartphone 12, and to the processor of the smartphone 12 since the processor of the smartphone 12 is controlling the operation of the bone microphone 10 and other electronic components on the assembly 11, thus the smartphone also powering the HMD).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Breed et al (U.S. Pat # 11,508,249) in view of Enriquez et al (pub # 20200112711) and further in view of Cooper et al (U.S. Pat # 10,261,555).
Consider claim 4. Breed et al in view of Enriquez et al does not specifically disclose The cartridge of claim 1, further comprising a fan positioned within the housing, wherein, when the cartridge is attached to the HMD, the fan is positioned proximate a component disposed in an internal volume of the HMD and is configured to provide an airflow to the internal volume. However Cooper et al in at least Figs. 2A and 5A as well as the abstract discloses “A head mounted display device may include a housing, including a user-facing cavity and an electronics compartment. At least one fan may be installed in the electronics compartment. A plurality of intake ports may be defined in a peripheral wall portion of the user-facing cavity, and at least one air discharge port may be defined in a wall portion of the electronics compartment. A plurality of air channels may extend between the user-facing cavity and the electronics compartment. Operation of the at least one fan may draw external air into the housing through the plurality of air intake ports into the user—facing cavity, and into the electronics compartment through the plurality of air channels”. 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 cooling system of Cooper et al with the system of Breed et al in order to provide cooling of the user-facing cavity and the electronics compartment (Cooper et al, abstract).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Breed et al (U.S. Pat # 11,508,249) in view of Enriquez et al (pub # 20200112711) in view of Abdollahi et al (pub # 20140130241).
Consider claim 6. Breed et al in view of Enriquez et al does not specifically disclose The cartridge of claim 1, wherein the attachment interface comprises a push-push mechanism. However Abdollahi et al in at least Figs. 1, 2, and 5 as well as paragraph 0038 discloses a heads-up information system 12 comprising an attachment assembly 38 having a push-push mechanism. Therefore it would have been obvious to one of ordinary skill in the art to combine the push-push mechanism of Abdollahi et al with the attachment interface of Breed et al in order to provide a convenient and user-friendly method of inserting and removing the cartridge.
Claim(s) 8, 9, 11-14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Breed et al (U.S. Pat # 11,508,249) in view of Enriquez et al (pub # 20200112711) and further in view of Ishikawa et al (pub # 20170045928) and further in view of Lin et al (U.S. Pat # 9,298,283).
Consider claim 8. Breed et al teaches A head-mountable assembly, (Figs. 1-4). comprising:
a processor; (Figs. 1-4 and col. 5 lines 19-21, smartphone 12).
and a display unit, the display unit defining a slot to removably receive the processor; (Figs. 1-4 and col. 5 lines 25-30, To retain the smartphone 12, there is a receiving space, slot or aperture defined in the assembly 11 receiving the smartphone 12, possibly in a frame or housing of the assembly 11, and which are generally referred to as retaining means).
wherein: in a first mode, the processor is positioned within the slot (Figs. 1-4 and col. 5 lines 25-30, To retain the smartphone 12, there is a receiving space, slot or aperture defined in the assembly 11 receiving the smartphone 12, possibly in a frame or housing of the assembly 11, and which are generally referred to as retaining means).
and configured to provide image data to the display unit; (Figs. 1-4, smartphone 12 mounted inside a front portion of the HMD to provide display to the user. Col. 5 lines 39-42, Smartphone 12 is mounted in a frame that positions it in front of the student in the same manner as many augmented or virtual reality (VR) devices… the smartphone 12 provides the display).
Breed et al does not specifically disclose including a display forming an integral part of the display unit. However Enriquez et al in at least Fig. 1 and paragraph 0073 discloses an HMD 2000 capable of interfacing with a mobile device 1000 wherein the HMD can include a display with at least one lens, thus a display unit being an integral part of the HMD. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the HMD of Breed et al to include a display unit as disclosed by Enriquez et al in order to provide a more immersive experience for the user.
Breed et al in view of Enriquez et al does not specifically disclose and in a second mode, the processor is removed from the slot and is configured to provide image data to the display unit. However Ishikawa et al in at least Fig. 1 and paragraphs 0040 and 0043 discloses a head-mountable assembly 110 comprising a control unit 160 (processor), wherein the control unit 160 is not mounted inside the assembly 110 but nonetheless still provides control signals to the display of the assembly 110. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the processor of Breed et al to still provide image data to the display unit even when not mounted inside the head-mountable assembly as disclosed by Ishikawa et al in order to expand the functionality of the processor and provide a more immersive user experience.
Breed et al in view of Enriquez et al and further in view of Ishikawa et al does not specifically disclose a display screen, and adjacent to the display screen. However Lin et al in at least Fig. 10 and col. 16 lines 1-16 discloses a headset 1005 that can hold a mobile device 1035 on top of said headset using a clear piece of material 1015, thus an interface. Headset 1005 also comprises a screen 1010 that reflects the light emitted from the display of mobile device 1035 onto the eyes of the user of the headset, thus the screen 1010 can be interpreted as a display screen. As can be seen from Fig. 10 the screen 1010 is adjacent to mobile device 1035 when it is mounted on the headset 1005. 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 features of Lin et al with the invention of Breed et al in view of Enriquez et al and further in view of Ishikawa et al so as to allow a user to maintain situational awareness, minimize the discomfort of virtual-reality environments, enable ease of content navigation, connect to real-world peripherals such as a keyboards and mice (Lin et al col. 6 lines 6-10).
Consider claim 11. Breed et al further teaches The head-mountable assembly of claim 8, further comprising a coupler to releasably secure the processor in the slot. (col. 8 lines 22-26, It is possible to provide the support member 34 with a spring to cause it to exert a rearward force against the smartphone 12 (toward the front part of the frame or housing) and thereby provide for better retention of the smartphone 12 in the assembly 11).
Consider claim 12. Breed et al further teaches The head-mountable assembly of claim 8, further comprising a biasing element to selectively retain the processor in the display unit. (col. 8 lines 22-26, It is possible to provide the support member 34 with a spring (biasing element) to cause it to exert a rearward force against the smartphone 12 (toward the front part of the frame or housing) and thereby provide for better retention of the smartphone 12 in the assembly 11).
Consider claim 13. Ishikawa et al further teaches The head-mountable assembly of claim 8, further comprising a cable electrically connecting the processor and the display unit in the second mode. (Fig. 1 and paragraph 0040, The control unit 160 is connected to the display unit 110 by a cable.).
Consider claim 14. Breed et al further teaches The head-mountable assembly of claim 8, further comprising a first electrical connector positioned in the slot and configured to engage a second electrical connector on the processor in the first mode. (Fig. 4 and col. 5 line 63-col. 6 line 2, cable 19 connected to the processor when inserted in the slot).
Consider claim 19. Breed et al does not specifically disclose The electronic component of claim 15, further comprising a motion sensor to provide user feedback to the CPU. However Ishikawa et al in at least Figs. 1 and 2 and paragraph 0045 discloses a control unit 160 for a HMD comprising an acceleration sensor 176 for detecting acceleration of the control unit 160, thus a motion sensor. Therefore it would have been obvious to one of ordinary skill in the art to combine the motion sensor of Ishikawa et al with the system of Breed et al in order to provide a method of determining an operating state of the head-mountable device and therefore the power consumption of the wearable device can be reduced (Ishikawa et al paragraph 0011).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Breed et al (U.S. Pat # 11,508,249) in view of Enriquez et al (pub # 20200112711) further in view of Ishikawa et al (pub # 20170045928) and further in view of Lin et al (U.S. Pat # 9,298,283) and further in view of Yee et al (U.S. Pat # 10,488,223).
Consider claim 10. Breed et al in view of Enriquez et al and further in view of Ishikawa et al and further in view of Lin et al does not specifically disclose The head-mountable assembly of claim 8, wherein, in the second mode, the processor is secured to a retention band of the display unit. However Yee et al in at least Figs. 1 and 2 and col. 3 lines 24-39 discloses a HMD 102 comprising a controller 108 that is mountable to the band of the headset 104. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mountable assembly of Breed et al in view of Enriquez et al and further in view of Ishikawa et al and further in view of Lin et al to be able to secure the processor to a retention band of the display unit as disclosed by Yee et al in order to provide a convenient way of carrying the processor when not disposed inside the slot of the head-mountable assembly.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Breed et al (U.S. Pat # 11,508,249) in view of Enriquez et al (pub # 20200112711) and further in view of Lin et al (U.S. Pat # 9,298,283) and further in view of Shin et al (pub # 20170153672).
Consider claim 17. Breed et al in view of Enriquez et al and further in view of Lin et al does not specifically disclose The electronic component of claim 15, further comprising a haptic engine. However Shin et al in at least paragraph 0079 discloses an electronic component for a HMD comprising a body 510, wherein the body 510 may include a haptic module for providing haptic feedback to the user. Therefore it would have been obvious to one of ordinary skill in the art to combine the haptic engine of Shin et al with the electronic component of Breed et al in view of Enriquez et al and further in view of Lin et al in order to provide an improved and more immersive user experience by providing accurate and realistic feedback.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAYCE R BIBBEE whose telephone number is (571)270-7222. The examiner can normally be reached Mon-Thurs 8:00-6:00.
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, Matthew Eason can be reached at 571-270-7230. 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.
/CHAYCE R BIBBEE/Examiner, Art Unit 2624
Prosecution Insights