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 .
Status of the Claims
The amendment/remarks submitted 01/05/2024 have been entered and fully considered. Claims 1-20 are pending and examined herein.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 17, the claim recites “The headgear of claim 15, further comprising: a housing rail.” Claim 15 recites “a battery housing assembly having a housing rail configured to accept a removable battery.” It is not clear if the housing rail in claim 17 is intended to refer to the housing rail of claim 15 or is a further housing rail. If the limitation is referring to a further housing rail, it is not clear which housing rail the limitation in line 5 of claim 17 is referring to. In view of applicant’s specification, it is believed that the housing rail of claim 17 should be amended to refer to the housing rail of claim 15. Should applicant amend the claim in this manner, it is further suggested that the claim be amended to include a wherein clause rather than “further comprising.” (See also line 4 of claim 17 where the claim recites that the headgear further comprises the battery. Since the battery has been previously recited, reciting that the headgear further comprises the battery is redundant.)
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0184414 A1 (“Scholz”) in view of US 11,300,999 B1 (“Kadirvel”).
Regarding claim 1, Scholz discloses a battery system for a headgear (Abstract; Figs. 1, 2) comprising: a housing 11 (“battery housing assembly”) for accommodating at least one rechargeable battery 15, the housing 11 comprising a first housing end opposite a second housing end (see annotated Fig. 1 below); an inelastic strap part 12 (“fixed length strap”) extending from the housing 11 at the first housing end (Figs. 1, 2; [0022]); a strap part 13 (“variable length strap”), having a buckle 14 which allows the length of the elastic head strap part to be adjusted, extending from the housing 11 at the second housing end; and a conductor 16 (“fixed length power cable”) extending from the housing 11 and through the strap part 12 (Fig. 2; [0007]-[0008], [0022]).
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Annotated Fig. 1 of Scholz
Scholz does not expressly disclose the fixed length power cable electrically couples a battery contact of the battery housing assembly to a charging port.
Kadirvel discloses an artificial-reality headset assembly including a plurality of head straps and a battery pack that is located in proximity to a posterior portion of the user's head when the artificial-reality headset is worn (Abstract; Fig. 1A). Kadirvel discloses the charging circuitry 302 can be placed at either the front of the assembly (analogous to housing 10 of Scholz) or the back of the assembly (analogous to housing 11 of Scholz) and is connected to power supply 306 via a plug (Figs. 3A, 3B; col. 6, lines 29-53). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention for the fixed length power cable to electrically couple a battery contact of the battery housing assembly to a charging port because it would allow for the battery to be charged and as shown by Kadirvel it amounts to choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 8, Scholz discloses a headgear (Abstract; Figs. 1, 2) comprising: a housing 11 (“battery housing assembly”) for accommodating at least one rechargeable battery 15 (Fig. 1); an inelastic strap part 12 (“fixed length strap”) extending from the housing 11 in a first direction (Figs. 1, 2; [0022]); a strap part 13 (“variable length strap”), having a buckle 14 which allows the length of the elastic head strap part to be adjusted, extending from the housing 11 in a second direction opposite to the first direction; and a conductor 16 (“fixed length power cable”) extending from the housing 11 and through the strap part 12 (Fig. 2; [0007]-[0008], [0022]).
Scholz does not expressly disclose the fixed length power cable electrically couples a battery contact of the battery housing assembly to a charging port.
Kadirvel discloses an artificial-reality headset assembly including a plurality of head straps and a battery pack that is located in proximity to a posterior portion of the user's head when the artificial-reality headset is worn (Abstract; Fig. 1A). Kadirvel discloses the charging circuitry 302 can be placed at either the front of the assembly (analogous to housing 10 of Scholz) or the back of the assembly (analogous to housing 11 of Scholz) and is connected to power supply 306 via a plug (Figs. 3A, 3B; col. 6, lines 29-53). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention for the fixed length power cable to electrically couple a battery contact of the battery housing assembly to a charging port because it would allow for the battery to be charged and as shown by Kadirvel it amounts to choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claims 2-7 and 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 2023/0184414 A1 (“Scholz”) in view of US 11,300,999 B1 (“Kadirvel”) as applied to claims 1 and 8 above, and further in view of US 6,430,299 B1 (“Hall”).
Regarding claims 2 and 9, modified Scholz discloses the battery system of claim 1 and the headgear of claim 8. Modified Scholz does not expressly disclose a housing rail extending between the first housing end and the second housing end.
Hall discloses a headset assembly comprising an electronics housing 120 and a replaceable battery 900 (Abstract; Figs. 9-12). The battery 900 is slideably received by a slot 902 in the electronics housing 120 (Fig. 10; col. 5, lines 59-63). The slot includes flanges 904 (“housing rail”) extending between a first housing end and a second housing end to retain the battery (Fig. 10; col. 5, line 63 – col. 6, line 4). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention incorporate the teachings of Hall to allow for replaceable batteries, allowing for quick swapping of a discharged battery for a charged battery or for easy replacement of a defective battery, and to provide a housing rail extending between the first housing end and the second housing end to retain the battery.
Regarding claims 3 and 10, modified Scholz discloses the battery system of claim 2 and the headgear of claim 9. Regarding the claimed positioning of the battery rail, it has been held that if a claimed invention reads on the prior art except with regard to the position of a component of a device, the invention is unpatentable if switching the position of the component would have not modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, positioning the battery rail as claimed would not modify the operation of the device. Moreover, one would be motivated to rearrange the battery rail in consideration of factors such as ergonomics and positioning of associated electronic components.
Regarding claims 4 and 11, modified Scholz discloses the battery system of claim 1 and the headgear of claim 9. Modified Scholz does not expressly disclose a release slide, the release slide protruding through a release slide opening at the second housing end, wherein the release slide is biased toward a first longitudinal housing side, wherein moving the release slide directionally between the first longitudinal housing side and a second longitudinal housing side respectively positions a battery latch between a locked position and an unlocked position.
Hall discloses a headset assembly comprising an electronics housing 120 and a replaceable battery 900 (Abstract; Figs. 9-12). The battery 900 is slideably received by a slot 902 in the electronics housing 120 (Fig. 10; col. 5, lines 59-63). A latch 908 (“release slide”) is provided to secure the battery 900 in the axial direction of the slot 902. The latch 908 may, for example, be a spring loaded latch which is disposed upward while the battery 900 is inserted and which moves downward to engage a notch 910 in the battery 900 when the battery is fully inserted. To remove the battery 900, the latch 908 may be biased upwardly (Figs. 9, 10; col. 6, lines 4-11). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Hall to allow for replaceable batteries, allowing for quick swapping of a discharged battery for a charged battery or for easy replacement of a defective battery, and to provide a latch to secure the battery.
Regarding the claimed positioning of the release slide, it has been held that if a claimed invention reads on the prior art except with regard to the position of a component of a device, the invention is unpatentable if switching the position of the component would have not modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, positioning the release slide as claimed would not modify the operation of the device. Moreover, one would be motivated to rearrange the release slide in consideration of factors including ergonomics.
Regarding claims 5-6 and 12-13, modified Scholz discloses the battery system of claim 4 and the headgear of claim 11. It is noted that the battery housing assembly of modified Scholz includes a top surface [claims 5 and 12] and first and second lateral housing sides [claims 6 and 13]. Regarding the claimed positioning of the release slide, it has been held that if a claimed invention reads on the prior art except with regard to the position of a component of a device, the invention is unpatentable if switching the position of the component would have not modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, positioning the release slide as claimed would not modify the operation of the device. Moreover, one would be motivated to rearrange the release slide in consideration of factors including ergonomics.
Regarding claims 7 and 14, modified Scholz discloses the battery system of claim 1 the headgear of claim 11. Scholz further discloses the strap part 12 comprises a plastic band part into which the conductor 16 is cast (Fig. 2; [0022]).
Regarding claim 15, Scholz discloses a battery system for a headgear (Abstract; Figs. 1, 2) comprising: a housing 11 (“battery housing assembly”) for accommodating at least one rechargeable battery 15, the housing 11 comprising a first housing end opposite a second housing end (see annotated Fig. 1 below); an inelastic strap part 12 (“fixed length strap”) extending from the housing 11 at the first housing end (Figs. 1, 2; [0022]); a strap part 13 (“variable length strap”), having a buckle 14 which allows the length of the elastic head strap part to be adjusted, extending from the housing 11 at the second housing end; and a conductor 16 (“fixed length power cable”) extending from the housing 11 and through the strap part 12 (Fig. 2; [0007]-[0008], [0022]).
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Annotated Fig. 1 of Scholz
Scholz does not expressly disclose the fixed length power cable electrically couples a battery contact of the battery housing assembly to a charging port.
Kadirvel discloses an artificial-reality headset assembly including a plurality of head straps and a battery pack that is located in proximity to a posterior portion of the user's head when the artificial-reality headset is worn (Abstract; Fig. 1A). Kadirvel discloses the charging circuitry 302 can be placed at either the front of the assembly (analogous to housing 10 of Scholz) or the back of the assembly (analogous to housing 11 of Scholz) and is connected to power supply 306 via a plug (Figs. 3A, 3B; col. 6, lines 29-53). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention for the fixed length power cable to electrically couple a battery contact of the battery housing assembly to a charging port because it would allow for the battery to be charged and as shown by Kadirvel it amounts to choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Scholz does not expressly disclose the battery housing assembly has a housing rail configured to accept a removable battery.
Hall discloses a headset assembly comprising an electronics housing 120 and a replaceable battery 900 (Abstract; Figs. 9-12). The battery 900 is slideably received by a slot 902 in the electronics housing 120 (Fig. 10; col. 5, lines 59-63). The slot includes flanges 904 (“housing rail”) extending between a first housing end and a second housing end to retain the battery (Fig. 10; col. 5, line 63 – col. 6, line 4). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention incorporate the teachings of Hall to allow for replaceable batteries, allowing for quick swapping of a discharged battery for a charged battery or for easy replacement of a defective battery, and to provide a housing rail extending between the first housing end and the second housing end to retain the battery.
Regarding claim 16, modified Scholz discloses the headgear of claim 15. Scholz further discloses the strap part 12 comprises a plastic band part into which the conductor 16 is cast (Fig. 2; [0022]).
Regarding claim 17, modified Scholz discloses the headgear of claim 15. As discussed above, Hall discloses flanges 904 (“housing rail”) extending between a first housing end and a second housing end to retain the battery (Fig. 10; col. 5, line 63 – col. 6, line 4). The flanges mate with corresponding recesses 906 (“battery rail slot”) on the battery 900 (Fig. 9; col. 5, line 63 – col. 6, line 4).
Regarding claim 18, modified Scholz discloses the headgear of claim 15. Hall further discloses a latch 908 (“release slide”) is provided to secure the battery 900 in the axial direction of the slot 902. The latch 908 may, for example, be a spring loaded latch which is disposed upward while the battery 900 is inserted and which moves downward to engage a notch 910 in the battery 900 when the battery is fully inserted. To remove the battery 900, the latch 908 may be biased upwardly (Figs. 9, 10; col. 6, lines 4-11). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide a latch to secure the battery as taught by Hall.
Regarding the claimed positioning of the release slide, it has been held that if a claimed invention reads on the prior art except with regard to the position of a component of a device, the invention is unpatentable if switching the position of the component would have not modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, positioning the release slide as claimed would not modify the operation of the device. Moreover, one would be motivated to rearrange the release slide in consideration of factors including ergonomics.
Regarding claims 19-20, modified Scholz discloses the battery system of claim 4 and the headgear of claim 11. It is noted that the battery housing assembly of modified Scholz includes a top surface [claim 19] and first and second lateral housing sides [claim 20]. Regarding the claimed positioning of the release slide, it has been held that if a claimed invention reads on the prior art except with regard to the position of a component of a device, the invention is unpatentable if switching the position of the component would have not modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, positioning the release slide as claimed would not modify the operation of the device. Moreover, one would be motivated to rearrange the release slide in consideration of factors including ergonomics.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727
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