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 .
Response to Amendment
The amendment filed on June 3, 2026 has been entered. Claims 1, 14, and 20 have been amended in the present application. Claims 1-20 are pending in the present application. Applicant’s amendments to the specification and claims have overcome each and every objection, 35 U.S.C. 112(b) rejection, and provisional nonstatutory double patenting rejection previously set forth in the Non-Final Office Action mailed December 4, 2025.
Response to Arguments
Applicant’s arguments with respect to claims 1, 14, and 20 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 § 102
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.
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-11 and 13-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kollgaard et al. (U.S. Patent Application Publication No. 2024/0103288 – hereinafter referred to as “Kollgaard”).
Regarding claim 1, Kollgaard teaches a device (Figure 1 head-mountable device 100) comprising: a facial interface bracket (Figure 1 facial interface 104, [0047]) configured to engage a user ([0047] engages a user face via direct contact);
an extender bracket (Figure 1 display frame 105) coupled to a head display device (Figure 1 display 102) and the facial interface bracket (Figure 1 display frame 105 is coupled to display 102 and facial interface 104; note: subsequent figures only show display 102 and do not show display frame 105 but connections are made through display frame 105 [0048]), wherein a region of a bottom surface of the extender interface bracket circumscribes a region of a top surface of the facial interface bracket (Figure 7A bottom surface of display 102 (i.e. display frame 105) circumscribes top surface of facial interface 104); and
an actuating mechanism (Figure 1 connection 106, [0048]) coupled to at least one of the facial interface bracket and the extender bracket (Figure 1 connection 106 is coupled to facial interface 104 and display 102), where in the actuating mechanism defines a spatial distance by increasing or decreasing the region of the top surface of the facial interface bracket and circumscribed by the region of the bottom surface of the extender bracket ([0048] connection(s) 106, when adjusted, can slide (e.g. translate) the display 102 toward or away from the facial interface 104).
Regarding claim 2, Kollgaard teaches all the limitations of the claimed invention with respect to claim 1. Kollgaard further teaches the actuating mechanism comprises a plug-and-groove interface (Figure 7B plug on locking element 708 and notches 706 on linkage 704, [0085]).
Regarding claim 3, Kollgaard teaches all the limitations of the claimed invention with respect to claim 1. Kollgaard further teaches the actuating mechanism comprises a slider (Figure 7B linkage 704 is a slider, [0086] display 102 can be moved by sliding linkage 704).
Regarding claim 4, Kollgaard teaches all the limitations of the claimed invention with respect to claim 1. Kollgaard further teaches the actuating mechanism comprises a cantilever (Figure 7B locking element 708 is a cantilever since it is fixed to facial interface 102 on one end and engages linkage 704 at the other end).
Regarding claim 5, Kollgaard teaches all the limitations of the claimed invention with respect to claim 1. Kollgaard further teaches the actuating mechanism comprises a biased latch (Figure 16B actuator control 1604 is a spring button and acts as a biased latch since when squeezed it allows movement of display and then automatically released when one of a plurality of actuation states is reached, [0105]).
Regarding claim 6, Kollgaard teaches all the limitations of the claimed invention with respect to claim 1. Kollgaard further teaches a locking insert on the extender bracket (Figure 11A actuator control 1104, [0100] actuator control 1104, when pushed upward into a locked position, causes the connection 1102 to lock the display 102 into position relative to the facial interface 104).
Regarding claim 7, Kollgaard teaches all the limitations of the claimed invention with respect to claim 1. Kollgaard further teaches a button (Figure 9B push button 906) for actuating the actuating mechanism.
Regarding claim 8, Kollgaard teaches all the limitations of the claimed invention with respect to claim 1. Kollgaard further teaches the actuating mechanism comprises one or both of an elastic material or a flexible material (Figure 16A actuator control 1604 has a spring, [0105] spring button).
Regarding claim 9, Kollgaard teaches all the limitations of the claimed invention with respect to claim 1. Kollgaard further teaches an alignment fixture on the facial interface bracket (Figure 7B channel that linkage 704 enters on facial interface 104 serves as an alignment fixture).
Regarding claim 10, Kollgaard teaches all the limitations of the claimed invention with respect to claim 1. Kollgaard further teaches a latch housing on the facial interface bracket (Figure 7B space where locking element 708 is located is a latch housing).
Regarding claim 11, Kollgaard teaches all the limitations of the claimed invention with respect to claim 1. Kollgaard further teaches a biased spring latch (Figure 16B actuator control 1604 is a spring button and acts as a biased spring latch since when squeezed it allows movement of display and then automatically released when one of a plurality of actuation states is reached, [0105]) on the extender bracket ([0105] actuator control 1604 is positioned on a side portion of display 102).
Regarding claim 13, Kollgaard teaches all the limitations of the claimed invention with respect to claim 1. Kollgaard further teaches a plurality of grooves on the extender bracket (Figure 7A linkage 704 has plurality of notches 706 and is attached to display 102).
Regarding claim 14, Kollgaard teaches a method for manufacturing a device (Figure 1 head-mountable device 100), the method comprising:
providing a facial interface bracket (Figure 1 facial interface 104, [0047]) configured to engage a user ([0047] engages a user face via direct contact);
coupling an extender bracket (Figure 1 display frame 105) to a head display device Figure 1 display 102) and the facial interface bracket (Figure 1 display frame 105 is coupled to display 102 and facial interface 104; note: subsequent figures only show display 102 and do not show display frame 105 but connections are made through display frame 105 [0048]) wherein a region of a bottom surface of the extender interface bracket circumscribes a region of a top surface of the facial interface bracket (Figure 7A bottom surface of display 102 (i.e. display frame 105) circumscribes top surface of facial interface 104);
coupling an actuating mechanism (Figure 1 connection 106, [0048]) to at least one of the facial interface bracket and the extender bracket (Figure 1 connection 106 is coupled to facial interface 104 and display 102), wherein the actuating mechanism defines a spatial distance by increasing or decreasing the region of the top surface of the facial interface bracket circumscribed by the region of the bottom surface of the extender bracket ([0048] connection(s) 106, when adjusted, can slide (e.g. translate) the display 102 toward or away from the facial interface 104);
adjusting the actuating mechanism to set the desired distance between the facial interface bracket and the extender bracket ([0048] connection(s) 106, when adjusted, can slide (e.g. translate) the display 102 toward or away from the facial interface 104); and
securing the actuating mechanism to maintain the set distance between the facial interface bracket and the extender bracket ([0052] connection 106 can include a variety of locking mechanisms).
Regarding claim 15, Kollgaard teaches all the limitations of the claimed invention with respect to claim 14. Kollgaard further teaches the actuating mechanism comprises a plug-and-groove interface (Figure 7B plug on locking element 708 and notches 706 on linkage 704, [0085]).
Regarding claim 16, Kollgaard teaches all the limitations of the claimed invention with respect to claim 14. Kollgaard further teaches the actuating mechanism comprises a slider (Figure 7B linkage 704 is a slider, [0086] display 102 can be moved by sliding linkage 704).
Regarding claim 17, Kollgaard teaches all the limitations of the claimed invention with respect to claim 14. Kollgaard further teaches the actuating mechanism comprises a cantilever (Figure 7B locking element 708 is a cantilever since it is fixed to facial interface 102 on one end and engages linkage 704 at the other end).
Regarding claim 18, Kollgaard teaches all the limitations of the claimed invention with respect to claim 14. Kollgaard further teaches a locking insert on the extender bracket (Figure 11A actuator control 1104, [0100] actuator control 1104, when pushed upward into a locked position, causes the connection 1102 to lock the display 102 into position relative to the facial interface 104).
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 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kollgaard (U.S. Patent Application Publication No. 2024/0103288).
Regarding claim 12, Kollgaard teaches all the limitations of the claimed invention with respect to claim 1. Kollgaard fails to teach a plurality of grooves on the facial interface bracket. However moving linkage 704 with notches 706 taught by Kollgaard from the display 102 to facial interface 104 would merely require a rearrangement of parts. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. 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 adjustment mechanism taught by Kollgaard by having a plurality of grooves on the facial interface bracket as doing so would merely require a rearrangement of parts.
Regarding claim 20, Kollgaard teaches a device (Figure 1 head-mountable device 100) comprising: a facial interface bracket (Figure 1 facial interface 104, [0047]) configured to engage a user ([0047] engages a user face via direct contact);
an extender bracket (Figure 1 display frame 105) coupled to a head display device (Figure 1 display 102) and the facial interface bracket (Figure 1 display frame 105 is coupled to display 102 and facial interface 104; note: subsequent figures only show display 102 and do not show display frame 105 but connections are made through display frame 105 [0048]); and
an actuating mechanism (Figure 1 connection 106, [0048]) coupled to at least one of the facial interface bracket and the extender bracket (Figure 1 connection 106 is coupled to facial interface 104 and display 102) wherein a region of a bottom surface of the extender interface bracket circumscribes a region of a top surface of the facial interface bracket (Figure 7A bottom surface of display 102 (i.e. display frame 105) circumscribes top surface of facial interface 104);
wherein the actuating mechanism (Figure 1 connection 106, [0048]) defines a spatial distance by increasing or decreasing the region of the top surface of the facial interface bracket and circumscribed by the region of the bottom surface of the extender bracket ([0048] connection(s) 106, when adjusted, can slide (e.g. translate) the display 102 toward or away from the facial interface 104);
wherein the actuating mechanism (Figure 1 connection 106, [0048]) comprises a plug-and-groove interface (Figure 7B plug on locking element 708 and notches 706 on linkage 704, [0085]), a slider (Figure 7B linkage 704 is a slider, [0086] display 102 can be moved by sliding linkage 704), and a cantilever (Figure 7B locking element 708 is a cantilever since it is fixed to facial interface 102 on one end and engages linkage 704 at the other end);
wherein the cantilever (Figure 7B locking element 708) flexes along a portion coupled to the surface of the extender bracket (Figure 7B locking element 708 flexes along the surface of linkage 704, which is connected to display 102, when actuated)
Kollgaard fails to explicitly teach wherein the cantilever is actuated by pressing a button; and wherein the cantilever flexes along a portion coupled to the surface of the extender bracket when the button is pressed. However, Kollgaard does teach a variety of actuation controls (Figures 9A-24B) that can be combined with different adjustment mechanisms ([0093] adjustment mechanisms of the present disclosure can include adjustment controls configured for a myriad of different modes of user input and in various locations). One of these actuation controls Kollgaard teaches is a button (Figure 9B push button 906). 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 actuating mechanism taught by Kollgaard in Figure 7B by using the button taught by Kollgaard in Figure 9B to actuate the cantilever such that the cantilever flexes along a portion coupled to the surface of the extender bracket when the button is pressed since buttons are well-known actuation mechanisms.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kollgaard (U.S. Patent Application Publication No. 2024/0103288) as applied to claim 14 above, and in view of Hatfield et al. (U.S. Patent Application Publication No. 2023/0044153 – hereinafter referred to as “Hatfield”).
Regarding claim 19, Kollgaard teaches all the limitations of the claimed invention with respect to claim 14. Kollgaard further teaches an orifice on the extender bracket (Figures 13B, 15B, and 18B actuator controls 1304, 1504, and 1804 are on display 102 and have an orifice [0102], [0104], and [0107]). Kollgaard fails to teach numerical indicators. However, Hatfield is related to Kollgaard with respect to adjustable head-mounted displays (Figure 3) and teaches numerical indicators (Figures 6-8 numbers on wheel 334). Hatfield further teaches using numerical indicators to indicate preset positions ([0057]).
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 method taught by Kollgaard to include numerical indicators as taught by Hatfield to indicate preset positions (Hatfield [0057]) and allow the user to more easily remember their preferred position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ishioka et al. (U.S. Patent Application Publication No. 2024/0255764) teaches an actuating mechanism for adjusting a head strap of a head mounted device using mechanism similar to the instant invention.
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 ALEX PARK RICKEL whose telephone number is (703)756-4561. The examiner can normally be reached Monday-Friday 8:30 a.m. - 6 p.m. ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571)272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Alex Rickel
Examiner
Art Unit 2872
/A.P.R./Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
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