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 Arguments
Applicant’s arguments with respect to claim(s) 1 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 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (pub # 20230236427) in view of Wang (pub # 20240094550), see provisional application 63/375,988, filed on 09/16/2022, for support of priority.
Consider claim 1. Chen teaches A forehead support for a head-mounted display system, (Fig. 1 and paragraph 0031, forehead pad 12).
the forehead support being configured to form part of a positioning and stabilising structure constructed and arranged to hold a head-mounted display unit of the head-mounted display system in an operable position on the user's head, (Fig. 1 and paragraph 0029, a forehead pad 12, a rear-head pad 13, a left strap 14, a right strap 15, an upper strap 16 all form a stabilizing structure for hold the HMD on the user’s head).
the forehead support comprising:
a forehead frame configured to be attached to a head-mounted display unit comprising a display in use; (Fig. 3 and paragraph 0031, forehead pad 12 comprises a front cover 121 fixed to a top edge of the casing 111. Fig. 1 and paragraph 0030, casing 111 contains optical display module 112).
a resilient forehead pad attached to the forehead frame and being configured to engage the user's forehead in use; (Fig. 3 and paragraph 0031, front cushion 123 that is made of soft material).
wherein at least a portion of the forehead frame is able to flex (Fig. 3 and paragraph 0031, front cushion 123 is made of soft material, thus being flexible).
to conform to the shape of the user's forehead in use. (Fig. 6 and paragraph 0037, when the AR head-mounted display 1 of the present invention is worn on the human head 91, the forehead pad 12 and the rear-head pad 13 are respectively abutted against and supported on a forehead portion).
Chen does not specifically disclose the forehead frame including a central portion and a pair of lateral portions; configured to flex so that at least the lateral portions of the forehead frame are able to move with respect to the central portion.
In an analogous art Wang teaches the forehead frame (Fig. 4 and paragraph 0059, foam cushion 400 comprising pillars 404 configured to interface with forehead regions 310, 312).
including a central portion (Fig. 4 and paragraph 0060, bridge 406).
and a pair of lateral portions; (Fig. 4 and paragraph 0059, pillars 404).
configured to flex so that at least the lateral portions of the forehead frame are able to move with respect to the central portion. (Fig. 4 and paragraph 0060, The air pocket 308 is positioned between the pillars 404 and the bridge 406. Via the air pocket 308, the bridge 406 can flex towards and away from the light seal frame 118 (e.g., in response to applied forces), thus the pillars would move with respect to the bridge moving).
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 Wang with the invention of Chen in order to provide increased flexibility and comfort that can lend to improved user experiences (Wang paragraph 0061).
Consider claim 2. Chen further teaches The forehead support of claim 1, wherein the forehead frame is configured to bias the forehead pad into a shape that is more curved than the user's forehead such that in use the forehead pad is conformed to the shape of the user's head. (Fig. 3 and paragraph 0031, front cushion 123 that is made of soft material. Fig. 6 and paragraph 0037, when the AR head-mounted display 1 of the present invention is worn on the human head 91, the forehead pad 12 and the rear-head pad 13 are respectively abutted against and supported on a forehead portion).
Consider claim 3. Chen further teaches The forehead support of claim 1, wherein the central portion structured to attach to the display unit housing, (Fig. 3 and paragraph 0031, front cover 121 has a central portion that is connected to the AR displaying device 11).
and the pair of lateral portions have lateral ends at a periphery of the forehead frame, (Fig. 3, front cover 121 has lateral portions on each side of said cover that are not connected to displaying device 11).
the lateral ends being configured to move with respect to the central portion to conform to the shape of the user's forehead in use. (Fig. 6 and paragraph 0037, when the AR head-mounted display 1 of the present invention is worn on the human head 91, the forehead pad 12 and the rear-head pad 13 are respectively abutted against and supported on a forehead portion).
Consider claim 13. Chen further teaches The forehead support of claim 3, wherein the central portion comprises a connection portion positioned anteriorly with respect to the lateral portions, the connection portion configured to be attached to the display unit housing of the head-mounted display unit. (Fig. 3 and paragraph 0031, front cover 121 has a central portion that is connected to the AR displaying device 11).
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (pub # 20230236427) in view of Andersen et al (pub # 20230004186).
Consider claim 15. Chen teaches A posterior support pad assembly for a head-mounted display system, (Fig. 1 and paragraph 0032, rear-head pad 13).
the posterior support pad assembly being configured to form part of a positioning and stabilising structure constructed and arranged to hold a head-mounted display unit of the head-mounted display system in an operable position on the user's head, (Fig. 1 and paragraph 0029, a forehead pad 12, a rear-head pad 13, a left strap 14, a right strap 15, an upper strap 16 all form a stabilizing structure for hold the HMD on the user’s head).
the posterior support pad assembly comprising:
a posterior frame configured to be connected to lateral support portions of the positioning and stabilising structure; (Fig. 3 and paragraph 0032, rear cover 131 that connects to left and right straps 14 and 15 respectively).
and a posterior pad being connected to the posterior frame, the posterior pad being configured to contact the user's head in use; (Fig. 3 and paragraph 0032, rear cushion 133 made of a soft material).
wherein at least a portion of the posterior frame is able to flex (Fig. 3 and paragraph 0032, rear cushion 133 made of a soft material, thus being flexible).
to conform to the shape of a posterior surface of the user's head in use. (Fig. 6 and paragraph 0037, when the AR head-mounted display 1 of the present invention is worn on the human head 91, the forehead pad 12 and the rear-head pad 13 are respectively abutted against and supported on a forehead portion and a rear head portion of the human head 91).
Chen does not specifically disclose the posterior frame including a central portion and at least one portion positioned radially outwardly of the central portion configured to flex so that the at least one portion of the posterior frame is able to move with respect to the central portion.
In an analogous art Andersen et al teaches the posterior frame including a central portion (Fig. 1 and paragraph 0029, the rear head-engaging structure 116).
and at least one portion positioned radially outwardly of the central portion (Fig. 1 and paragraph 0029, first end 122 and/or a second end 124).
configured to flex so that the at least one portion of the posterior frame is able to move with respect to the central portion. (Fig. 1 and paragraph 0029, applying tension to the inner strap 110 can cause the first end 122 of the rear head-engaging structure 116 and/or the second end 124 of the rear head-engaging structure 116 to flex in a direction towards the user's head.).
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 Andersen et al with the invention of Chen in order to provide a secure and comfortable fit and stabilize the display structure relative to the head of the user (Andersen et al paragraph 0029).
Consider claim 16. Chen further teaches The posterior support pad assembly of claim 15, wherein the posterior frame is configured to bias the posterior pad into a shape that is more curved than the shape of the posterior surface of the user's head such that in use the posterior pad is conformed to the posterior surface of the user's head. (Fig. 6 and paragraph 0037, when the AR head-mounted display 1 of the present invention is worn on the human head 91, the forehead pad 12 and the rear-head pad 13 are respectively abutted against and supported on a forehead portion and a rear head portion of the human head 91).
Consider claim 17. Chen further teaches The posterior support pad assembly of claim 15, wherein the at least one portion of the the posterior frame comprises a pair of lateral portions having lateral ends able to move with respect to the central portion (Fig. 3, rear cover 131 has lateral portions on each side of the shaft hole 1311).
to conform to the shape of the posterior surface of the user's head in use. (Fig. 6 and paragraph 0037, when the AR head-mounted display 1 of the present invention is worn on the human head 91, the forehead pad 12 and the rear-head pad 13 are respectively abutted against and supported on a forehead portion and a rear head portion of the human head 91).
Allowable Subject Matter
Claims 4-12, 14, and 18-24 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.
Consider claim 4. The prior art of record does not teach or render obvious The forehead support of claim 3, wherein the forehead frame comprises a superior medial portion having a superior end able to move with respect to the central portion of the forehead frame to conform to the shape of the user's forehead in use.
Claims 5 and 6 are objected due to their dependency from claim 4.
Consider claim 7. The prior art of record does not teach or render obvious The forehead support of claim 3, wherein the forehead frame comprises an inferior medial portion having an inferior end able to move with respect to the central portion of the forehead frame to conform to the shape of the user's forehead in use.
Claims 8 and 9 are objected to due to their dependency from claim 7.
Consider claim 10. The prior art of record does not teach or render obvious The forehead support of claim 3, wherein each of the lateral portions comprises a superior lateral portion and an inferior lateral portion and the lateral ends comprise a superior lateral end of each superior lateral portion and an inferior lateral end of each inferior lateral portion, each of the superior lateral ends and the inferior lateral ends being able to move with respect to the central portion of the forehead frame to conform to the shape of the user's forehead in use.
Claims 11 and 12 are objected to due to their dependency from claim 10.
Consider claim 14. The prior art of record does not teach or render obvious The forehead support of claim 1, wherein the forehead pad comprises a cushion formed from foam and a user-contacting layer covering the cushion, the user-contacting layer being formed from an elastomeric material.
Consider claim 18. The prior art of record does not teach or render obvious The posterior support pad assembly of claim 17, wherein the posterior frame comprises a superior medial portion having a superior end able to move with respect to the central portion of the posterior frame to conform to the shape of posterior surface of the user's head in use.
Claims 19 and 20 are objected to due to their dependency from claim 18.
Consider claim 21. The prior art of record does not teach or render obvious The posterior support pad assembly of claim 17, wherein the posterior frame comprises an inferior medial portion having an inferior end able to move with respect to the central portion of the posterior frame to conform to the shape of the posterior surface of the user's head in use.
Claims 22 and 23 are objected to due to their dependency from claim 21.
Consider claim 24. The prior art of record does not teach or render obvious The posterior support pad assembly of claim 15, wherein the posterior pad comprises a posterior pad cushion formed from foam and the posterior pad cushion is covered on a user-facing side of the posterior pad by a posterior pad cover, the posterior pad cover being formed at least partially from an elastomeric material.
Conclusion
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 CHAYCE R BIBBEE whose telephone number is (571)270-7222. The examiner can normally be reached Mon-Thurs 8:00-6:00.
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/CHAYCE R BIBBEE/Examiner, Art Unit 2624
/MATTHEW A EASON/Supervisory Patent Examiner, Art Unit 2624
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