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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 18 is objected to because of the following informalities: Claim 18 reads “the second heater comprise a second infrared heater.” It should read “the second heater comprises a second infrared heater.” Appropriate correction is required.
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.
(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, 3, 5-7, 9-12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheng (US 2022/0382062 A1).
Regarding claim 1, Cheng teaches a head-mountable device (head mounted display 102), comprising:
a display portion (housing 116) including a display (display 112);
a facial interface (adjustable layer 118, foam layer 120, and airbag 502) connected to the display portion (116), the facial interface (118, 120, and 502) including a variable stiffness profile (see paragraph 0024 stating that adjustable layer 118 adjusts based on user contour profiles 150);
a sensor (sensor 702) configured to generate sensor data (see paragraph 0047 stating that sensor 702 detects and measures facial contours of a user); and
a stiffness profile modifier (air pump 506 and valve 508) connected to the sensor (702), the stiffness profile modifier (506 and 508) configured to change the facial interface (118, 120, and 502) from a first stiffness profile to a second stiffness profile in response to the sensor data (see paragraph 0049).
Regarding claim 3, Cheng teaches all of the limitations of claim 1 as stated above.
Cheng further teaches the head-mountable device of claim 1, wherein the first stiffness profile is based on a user activity (see paragraph 0049, adjustable layer 118 inflates/deflates based on a user’s facial contour).
Regarding claim 5, Cheng teaches all of the limitations of claim 1 as stated above.
Cheng further teaches the head-mountable device of claim 1, wherein the stiffness profile modifier comprises a pump (air pump 506).
Regarding claim 6, Cheng teaches all of the limitations of claim 1 as stated above.
Cheng further teaches the head-mountable device of claim 1, wherein the stiffness profile modifier (506 and 508) is further configured to change the facial interface (118, 120, and 502) from the second stiffness profile to a third stiffness profile in response to additional sensor data (see paragraph 0049, adjustable layer 118 adjusts to the facial contour of each user thus an essentially unlimited number of stiffness profiles are contemplated).
Regarding claim 7, Cheng teaches all of the limitations of claim 1 as stated above.
Cheng further teaches the head-mountable device of claim 1, further comprising a manual control to actuate the stiffness profile modifier (see paragraph 0027 stating that the airbag may include a mechanism to manually adjust the amount of air in the airbag).
Regarding claim 9, Cheng teaches all of the limitations of claim 1 as stated above.
Cheng further teaches the head-mountable device of claim 1, wherein the sensor (702) is positioned on or within the facial interface (see paragraph 0046 stating that sensor 702 may be located on foam layer 120).
Regarding claim 10, Cheng teaches an apparatus (102), comprising:
a display portion (116) including a display (112);
a face-engaging structure (118, 120, and 502) with a first modifiable pressure region and a second modifiable pressure region (regions corresponding to independently inflatable sections 5041-n);
a tensioner (independently inflatable sections 5041-n) comprising at least one of a mechanical tensioner or a pneumatic tensioner (5041-n are pneumatic) connected to the first modifiable pressure region and the second modifiable pressure region (each independently inflatable section 5041-n corresponds to a unique region);
a first sensor configured to generate a first sensor data (see paragraph 0015 describing multiple sensors capable of detecting contours of a user’s face); and
a second sensor configured to generate a second sensor data (see paragraph 0015 describing multiple sensors capable of detecting contours of a user’s face);
wherein the tensioner (5041-n) is configured to actuate when the first sensor data satisfies a first threshold criteria and the second sensor data satisfies a second threshold criteria (see paragraph 0049 stating that independently inflatable sections may be inflated based on locations of a user’s face that do not contact the sensor).
Regarding claim 11, Cheng teaches all of the limitations of claim 10 as stated above.
Cheng further teaches the apparatus of claim 10, wherein the tensioner (5041-n) comprises at least one of a spring, an actuator (Examiner Note: given its BRI, an actuator could be an inflatable bladder like 504 because it moves the face engaging structure and makes the device work; Cambridge Dictionary: actuator – part of a machine or system that moves something or makes something work), or a magnet.
Regarding claim 12, Cheng teaches all of the limitations of claim 10 as stated above.
Cheng further teaches the apparatus of claim 10, wherein the tensioner (5041-n) comprises at least one of a pulley or a bladder (5041-n are air bladders).
Regarding claim 14, Cheng teaches all of the limitations of claim 10 as stated above.
Cheng further teaches the apparatus of claim 10, wherein: the first modifiable pressure region corresponds to at least one of a zygoma region, a maxilla region, or a forehead region on a human head; and the second modifiable pressure region corresponds to at least one of a zygoma region, a maxilla region, or a forehead region on a human head different than the first modifiable pressure region (5041, 5044, 5045, and 504n correspond to a zygoma region; 5046 and 5048 corresponds to a maxilla region; 5042 and 5043 correspond to a forehead region).
Claims 15 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Omote (US 2018/0095534 A1).
Regarding claim 15, Omote teaches a wearable apparatus (head-mounted display 102), comprising:
a display portion (display housing 220B) including a display (display screen 175);
a foam pad (facial interface 250) connected to the display portion (220B);
a first heater (heating component 210) configured to heat a first portion (heating zone 230) of the foam pad (250);
a second heater (210) configured to heat a second portion (230) of the foam pad (250) different from the first portion of the foam pad (see Fig. 2C showing multiple heating components each corresponding to a different heating zone);
a sensor (sensor 299);
and a controller (heat controller 150) communicatively coupled to the sensor (299), the first heater (210), and the second heater (see paragraph 0048 stating that each heating component 210 is controllable via heat controller 150).
Regarding claim 17, Omote teaches all of the limitations of claim 15 as stated above.
Omote further teaches the wearable apparatus of claim 15, wherein the first heater and the second heater are configured to operate at alternating times (see paragraph 0057 stating that each of the heating components 210 is individually controllable).
Regarding claim 18, Omote teaches all of the limitations of claim 15 as stated above. Omote further teaches the wearable apparatus of claim 15, wherein: the first heater comprises a first infrared heater; and the second heater comprises a second infrared heater.
Examiner Note: The heating components of Omote must give off infrared radiation as they are heated since objects at all temperatures give off some amount of infrared radiation.
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.
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.
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng as applied to claim 1 above, and further in view of Omote and Pinczuk et al. (US 2025/0216937 A1; effectively filed March 30, 2022), hereinafter Pinczuk.
Regarding claim 2, Cheng teaches all of the limitations of claim 1 as stated above. Cheng further teaches that the first stiffness profile comprises a first configuration of a first stiffened area and a first relaxed area; and the second stiffness profile comprises a second configuration of a second stiffened area different than the first stiffened area and second relaxed area different than the first relaxed area (see paragraph 0041, stating that each section 5041-n is capable of adjusting independently of the other sections). Cheng lacks the specific teaching that the device comprises a securement assembly connectable to the display portion, the securement assembly comprising: a removable strap comprising electronics; and a retention band connectable to the removable strap; wherein: the facial interface comprises a heat reactive foam; the stiffness profile modifier comprises a heater.
Pinczuk discloses a head-mountable device (head-mounted display system 10) comprising a display portion (display unit 1200) and a facial interface (interface structure 411) connected to the display portion (1200). Pinczuk further discloses a securement assembly (stabilizing structure 1300) connectable to the display portion (1200), the securement assembly (1300) comprising a removable strap (straps 1320 and 1330) comprising electronics (battery pack 1500) and a retention band (strap 1310) connectable to the removable strap (1320 and 1330). The facial interface (411) comprises a heat reactive foam (see paragraph 0022 stating that the interfacing structure may include a pad made of polyurethane).
Omote discloses a head-mountable device (head-mounted display 102) comprising a display portion (display housing 220B) and a facial interface (facial interface 250) connected to the display portion (220B). The facial interface (250) comprises multiple heaters (heating components 210).
Cheng, Omote, and Pinczuk are considered to be analogous art because they are in the same field of endeavor as the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the present application, to modify the teachings of Cheng by incorporating the features disclosed by Omote and Pinczuk into the device of Cheng. Including a securement assembly with a removable strap and retention band would provide means for securing the device to a user’s head. Placing a battery pack on the strap provides means for powering the device and provides a counter-weight to help balance the display unit (see Pinczuk, paragraph 0255). Using polyurethane for the facial interface provides a soft material for contacting a user’s face (see Pinczuk, paragraph 0282). Providing heaters in the facial interface would allow the user to adjust the temperature of the facial interface to his or her comfort. Additionally, if the facial interface were made of polyurethane, as taught by Pinczuk, it would be capable of stiffening or softening in response to a temperature flux induced by the heaters.
Regarding claim 4, Cheng teaches all of the limitations of claim 1 as stated above. Cheng lacks the teaching that the stiffness profile modifier induces a temperature flux to change the facial interface from the first stiffness profile to the second stiffness profile.
Omote teaches a head-mountable device (head-mounted display 102) comprising a display portion (display housing 220B) and a facial interface (facial interface 250). Various heaters (210) are included that induce a temperature flux to the facial interface (250).
Pinczuk teaches a head-mountable device (head-mounted display system 10) comprising a display portion (display unit 12) and a facial interface (interface structure 411). The facial interface may be comprised of a heat-reactive foam (see paragraph 0022 stating that the interfacing structure may include a pad made of polyurethane).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the present application, to modify the teachings of Cheng to include heaters to capable of inducing a temperature flux to the facial interface. Doing so would allow the user to adjust the temperature of the facial interface to his or her comfort. Additionally, if the facial interface were made of polyurethane, as taught by Pinczuk, it would be capable of stiffening or softening in response to the temperature flux induced by the heaters.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng as applied to claim 1 above, and further in view of Pinczuk.
Cheng teaches all of the limitations of claim 1 as stated above. Cheng lacks the specific teaching that the sensor comprises a timer.
Pinczuk discloses a head-mountable device (head-mounted display system 10) comprising a display (display unit 12), a facial interface (edge regions 20), and sensors configured to generate sensor data (see Abstract). The sensors may comprise a timer (see paragraph 0624).
Cheng and Pinczuk are considered to be analogous art because they are in the same field of endeavor as the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art, prior to the effective filing date the present application, to modify the teachings of Cheng by having the sensor comprise a timer. Doing so would allow for time data about a user to be captured (see Pinczuk, paragraph 0624).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng as applied to claim 10 above, and further in view of Strongwater et al. (US 2020/0233220 A1), hereinafter Strongwater.
Cheng teaches all of the limitations of claim 10 as stated above. Cheng further teaches that the second sensor (702) comprises at least one of a tissue displacement sensor or an electrical signal sensor (see paragraph 0047 describing a thin film capacitive sensor capable of detecting a change in resistance when contacting the skin of a user). Cheng lacks the specific teaching that the first sensor comprises a camera.
Strongwater discloses an apparatus (head-mounted display 100) comprising a display (display unit 110) and a face-engaging structure (facial interface 130) that includes multiple sensors configured to generate sensor data (sensors 132 and 344). Strongwater teaches that at least one of the sensors may be a camera (see paragraphs 0051, 0062, and 0072).
Strongwater is considered to be analogous art because it is in the same field of endeavor as the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the present application, to modify the teachings of Cheng by having the first sensor comprise a camera. Doing so would provide the face-engaging structure with the ability to adjust based on image data of a user’s facial movements (see Strongwater, paragraph 0051).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Omote as applied to claim 15 above, and further in view of Pinczuk.
Omote teaches all of the limitations of claim 15 as stated above. Omote lacks the specific teaching that the foam pad comprises a heat-reactive foam.
Pinczuk discloses a wearable apparatus (head-mounted display system 10) comprising a display portion (display unit 12) and a foam pad (interface structure 411) connected to the display portion (12). The foam pad comprises a heat-reactive foam (see paragraph 0022 stating that the interfacing structure may include a pad made of polyurethane).
Omote and Pinczuk are considered to be analogous art because they are in the same field of endeavor as the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the present application, to modify the teachings of Omote by having the foam pad comprise a polyurethane. Doing so would provide a soft material for contacting a user’s face (see Pinczuk, paragraph 0282).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Omote as applied to claim 15 above, and further in view of Cheng.
Regarding claim 19, Omote teaches all of the limitations of claim 15 as stated above. Omote fails to teach that the first heater comprises a first pneumatic heat line; and the second heater comprises a second pneumatic heat line.
Cheng teaches a wearable apparatus (102) comprising a display portion (116) and a foam pad (118, 120, and 502) connected to the display portion (116) that includes multiple regions each corresponding to a pneumatic line (5041-n).
Omote and Cheng are considered to be analogous art because they are in the same field of endeavor as the claimed invention. Therefore it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the present application, to modify the teachings of Omote by including pneumatic lines in the facial interface to circulate heated air. Doing so would require fewer heating components because air could be heated in only one or two locations and then circulated to the desired portion of the facial interface.
Regarding claim 20, Omote teaches all of the limitations of claim 15 as stated above. Omote lacks the specific teaching that the heaters are configured to use a thermal exhaust from the wearable apparatus.
Cheng teaches a wearable apparatus (102) comprising a display portion (116) and a foam pad (118, 120, and 502) connected to the display portion (116) that includes multiple regions each corresponding to a pneumatic line (5041-n). Cheng further teaches an exhaust (valves 128 or 508).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the present application, to modify the teachings of Omote by including pneumatic lines in the facial interface to circulate heated air. Doing so would require fewer heating components because air could be heated in only one or two locations and then circulated to the desired portion of the facial interface. Valves 128 or 508 provide a way to release air (see Cheng, paragraph 0038) to cool the facial interface if it becomes too hot.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROSS TERRY MULARSKI whose telephone number is (571)272-0284. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm 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, Imani Hayman can be reached at (571)270-5528. 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.
/R.T.M./Examiner, Art Unit 2841 /IMANI N HAYMAN/Supervisory Patent Examiner, Art Unit 2841