DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to the amendment filed 6/5/2026.
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 of this title, 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 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Osman (US 20180096533) in a view of Polcak et al (US 20190129181).
Regarding Claim 11, Osman teaches a head-mounted device (abstract; figs. 1-4), comprising:
a head-mounted housing having a nose bridge portion configured to receive a nose (fig. 4A, 102, 102a, 102c; ¶[0074], line 1-24, the display housing 102a will include flaps 102c, which allow the nose 204 to fit into the nose insert region 102d);
left and right optical assemblies in the head- mounted housing that are configured to provide respective left and right images to left and right eye boxes (fig. 2B, 102bs; fig. 4A, 102bs; ¶[0074], line 1-24, the display housing 102a will include optics 102b, which are used to provide a focus onto a display screen that is disposed in the display housing 102a),
a nose tracking sensor configured to capture an image of at least a portion of the nose (fig. 2A-G, 206; fig. 4A-C, 206, 302, 302a-b, ¶[0013], line 1-4, detecting a proximity of the nose from a proximity sensor disposed in a nose insert region of a display housing of the HMO; ¶[0081], line 1-18, the proximity sensor 206 can be defined by multiple sensors of more than one type, in order to generate or produce data sufficient to map and define geometric surfaces and shapes of the nose 204 the user 100; proximity sensor 206 can be defined by one or more of optical sensors, camera sensors, infrared (IR) sensors, ultrasonic sensors, depth sensors, three-dimensional imaging sensors, ….; ¶[0085], line 1-12, it may be possible the track movements of the user's nose 204; tracking of user facial movements….);
wherein the nose tracking sensor comprises a gaze tracking sensor (4A-C, 304a-b –gaze detection sensor; page 18, left col., claim 22, line 1-7, detecting eye gaze of the user using one or more eye gaze sensors disposed in a display housing of the HMD, adjusting the augmentation of the image to include more of the nose image data when it is determined that the eye gaze is directed down and toward the nose of the user).
But Osman does not specifically disclose that wherein the left and right optical assemblies are movable relative to one another.
However, Polcak teaches a virtual or augmented reality device (abstract; figs. 1-5), wherein the left and right optical assemblies are movable relative to one another (fig. 2, 260, 270; ¶[0066], line 1-10, The distance between them may be variable and may be adjusted by moving the left lens 260, right lens 270. Left pupillary distance 215 and right pupillary distance 210 may be adjusted separately; fig. 5, 552, 553, ¶[0069], line 1-20, automatically adjustable left and right lens 552, 553 by left and right actuators 560, 561 and automatically adjustable pupillary distance mechanism 556 for each eye).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mounted device of Osman by the virtual or augmented reality device of Polcak for the purpose of providing of augmented or virtual reality (AR/VR) devices that facilitate ultimate immersion and possess capability to enable users to work in AR/VR environments. (¶[0002], line 1-6).
Regarding Claim 12, Osman - Polcak combination teaches that the head-mounted device defined in claim 11, wherein the gaze tracking sensor comprises light-emitting diodes configured to emit eye illumination and nose illumination (fig. 3, 310/311 or 310’/311’; fig. 4, LEDs with 438/439 or 438;/439,, as disclosed in Polcak).
Regarding Claim 13, Osman - Polcak combination teaches that the head-mounted device defined in claim 12, wherein the lens is configured to guide the nose illumination laterally out of the lens toward the nose (fig. 3, 310/311, 325/328, 329/330; fig. 4, fig. 4, LEDs with 438/439, 440/441, as disclosed in Polcak).
Regarding Claim 14, Osman - Polcak combination teaches that the head-mounted device defined in claim 12, further comprising a light guide configured to guide the nose illumination out of the lens barrel toward the nose (fig. 3, 310/311, 325/328, 329/330; fig. 4, LEDs with 438/439, 440/441, as disclosed in Polcak).
Regarding Claim 15, Osman - Polcak combination teaches that the head-mounted device defined in claim 14, wherein the lens barrel has an opening and wherein the nose illumination exits the lens barrel through the opening (fig. 3, 310’/311’; fig. 5, 562/563, as disclosed in Polcak).
Allowable Subject Matter
Claims 1-10 are allowed.
The following is an examiner’s statement of reasons for allowance: the prior art taken singularly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 U.S.C. 102 or 103 would be proper.
Regarding Claim 1, The prior art taken either singly or in combination fails to anticipate or fairly suggest a head-mounted device further comprising: wherein movements of the left and right optical assemblies are controlled based on information in the image.
Claims 2-10 are also allowed due to their dependence on claim 1.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the arguments do not apply to any of the references or portions of the references being used in the current new rejections.
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
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 extension fee 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 communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Stephone Allen can be reached on (571) 272 2434.The Fax number for the organization where this application is assigned is (571) 273 8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published application may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Services Representative or access to the automated information system, call 800-786-9199(In USA or Canada) or 571-272-1000.
/JIE LEI/Primary Examiner, Art Unit 2872
Prosecution Insights