DETAILED ACTION
Claims 1 and 18 are amended. Claims 2, 17 and 19 are cancelled. Claims 1, 3-16, 18 and 20 are pending.
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.
Claims 1, 3-11 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bae (US 20190243414).
As per claim 1, Bae discloses a head-mountable device (Fig. 1, #100; [0042]), comprising:
a display frame (#110; [0045]);
a display (#150) carried by the display frame (#110; [0045]; [0050]-[0051]);
an arm (Fig. 2, #120a) rotatably connected to the display frame (#110) at a first joint (#130), the arm (#120a) comprising a surface (i.e., outer surface; [0054]-[0057]); and
(Figs. 2 and 4 discloses) a head-engagement member (#120b) rotatably connected to the arm (#120a) at a second joint (#130) disposed laterally from the first joint (#130),
wherein the head-engagement member (#120b) is rotatable between a stowed position where a majority of the head-engagement member #120b) is disposed adjacent to the surface (i.e., outer surface; [0057]-[0058]) and (Fig. 4 discloses) a deployed position where a majority of the head-engagement member (#120b) is disposed away from the surface (i.e., outer surface; [0057]);
wherein the arm (#120a) is configured to secure the head-mountable device (#100) to a user’s head when the head-mountable device is donned when the head-engagement member (#120b) is in the stowed position and the deployed position (Figs. 17A-B and 19A).
As per claim 3, Bae discloses the head-mountable device of claim 1, wherein the head-engagement member (#120b) comprises a spring ([0065]; where a flexible material is functionally equivalent to a spring).
As per claim 4, Bae discloses the head-mountable device of claim 1, wherein the head-engagement member (#120b) comprises a preloaded material ([0065]).
As per claim 5, Bae discloses the head-mountable device of claim 1, wherein the head-engagement member (#120b) is slidable along a length of the arm (#120a; [0057]; [0063]).
As per claim 6, Bae disclose the head-mountable device of claim 1, wherein the head-engagement member (#120b) comprises a friction interface ([0057]; [0063]; where a friction interface is inherently present).
As per claim 7, Bae discloses the head-mountable device of claim 6, wherein the friction interface comprises a plurality of fingers (Fig. 3, #110b-110c) oriented to at least partially support a weight of the head-mountable device when donned ([0054]-[0055]; [0061]-[0062]).
As per claim 8, Bae discloses the head-mountable device of claim 1, wherein a portion of the head-engagement member (#120b) is conformable to a head shape of a user ([0057]-[0058]).
As per claim 9, Bae discloses the head-mountable device of claim 1, wherein a portion of the head-engagement member (#120b) is length adjustable ([0057]; [0063]).
As per claim 10, Bae discloses the head-mountable device of claim 1, wherein a portion of the head-engagement member (#120b) comprises an overhead linkage (i.e., portion of band #120b surrounding the connection portion #130) positionable against the display frame (#110).
As per claim 11, Bae discloses the head-mountable device of claim 1, wherein (Fig. 2 discloses) the first joint (#130) and the second joint (#130) are positioned on a proximal portion of the arm (#120a).
As per claim 13, Bae discloses a wearable apparatus (Fig. 1, #100; [0042]), comprising:
a housing (#110; [0045]);
a viewing window (#150) secured to the housing (#110; [0045]);
a foldable arm (Fig. 2, #120a) connected to the housing (#110) and rotatable in a first plane (i.e., horizontal plane), wherein a support arm (#120b) is positioned inside a profile of the foldable arm when the support arm (#120b) is in a stowed position ([0057]-[0058]); and
the support arm (Fig. 4, #120b) connected to the foldable arm (#120a) and rotatable in a second plane (i.e., vertical plane) substantially perpendicular to the first plane (i.e., horizontal plane).
As per claim 14, Bae discloses the wearable apparatus of claim 13, wherein (Fig. 1 discloses) the second plane (i.e., vertical plane) is substantially parallel to a longitudinal axis of the foldable arm (#120a).
As per claim 15, Bae discloses the wearable apparatus of claim 13, wherein the support arm (Fig. 2, #120b) is positionable inside the profile of the foldable arm (#120a; [0057]-[0058]).
As per claim 16, Bae discloses the wearable apparatus of claim 13, wherein the support arm (#120b) is positionable adjacent to an outer surface of the foldable arm (#120a), the outer surface facing a direction opposite a head of a user when the wearable apparatus is donned ([0057]-[0058]).
Claims 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shanley, IV (US 20180017208).
As per claim 18, Shanley, IV discloses a removable support assembly for electronic glasses (Fig. 1E, #100a; [0047]-[0048]), the removable support assembly comprising:
an adjustable support fin (#120) having a head-engagement surface (i.e., head-engagement surface of adjustable support fin #120 contacting a wearer's head; [0040]; [0047]; [0050]); and
a glasses-arm connector (#130) coupled to the adjustable support fin (#120) and removably attachable to a glasses arm (i.e., temple arms of frame #140) of the electronic glasses ([0048]-[0049]);
wherein the glasses arm (i.e., temple arms of frame #140) is removably attachable to a glasses frame (#140) of the electronic glasses (#100a; [0048]-[0049]),
the glasses arm (i.e., temple arms of frame #140) is configured to secure the electronic glasses (#100a) to a head of a user when the electronic glasses are donned by the user regardless of whether the head-engagement surface (i.e., head-engagement surface of adjustable support fin #120 contacting a wearer's head) is attached ([0048]; [0052]), and the glasses arm (i.e., temple arms of frame #140) further comprises:
a proximal end connectable to the glasses frame (#140) of the electronic glasses (Fig. 1A);
a distal end opposite the proximal end (Fig. 1A); and
an electronics assembly (Fig. 5, #540) coupled to the glasses arm (i.e., temple arms of frame #140) between the proximal end and the distal end, the electronics assembly (#540) including a power supply and a processor ([0087]-[0088]; where a power supply and a processor are inherently present).
As per claim 20, Shanley, IV discloses the removable support assembly of claim 18, further comprising a housing (Fig. 1E, i.e., housing of #130) coupling the adjustable support fin (#120) to the glasses-arm connector (#130; [0048]-[0049]), wherein:
(Fig. 1E discloses) the housing defines a recess, the recess sized and shaped to receive the glasses arm (i.e., temple arms of frame #140); and
the glasses-arm connector (#130) is positioned at the recess.
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.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bae in view of Shanley, IV.
As per claim 12, Bae discloses the head-mountable device of claim 1.
However, Bae does not teach the head-engagement member is detachable from the arm.
Shanley, IV teaches the head-engagement member (Fig. 1E, #120) is detachable from the arm (i.e., temple arms of frame #140; [0047]-[0049]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the head-engagement member of Bae configured according to Shanley, IV so as to allow the head-engagement member to be attached and detached from the arm
Response to Arguments
Applicant's arguments filed 07/16/2026 have been fully considered but they are not persuasive.
Applicant states on pages 7-8 in the Remarks, “As taught in the current application, the second joint, or the pivot joint 204, can be disposed on a portion of the arm 106 and separated from the first joint, or the pivot joint 110. (See Current Application at FIG. 2). This limitation is further illustrated in FIGS. 4 through 6 with the pivot joint 204 disposed at different locations along the arm 106. Bae does not teach or suggest the above limitations of claim 1. Instead, Bae teaches that both the joint dictating the rotation of the headset arms and the joint dictating the rotation support member are disposed on the exact same lateral location along the headset frame. This is best seen in FIG. 3 of Bae, where the connection portion 130 extends through the body 110 such that it defines the pivot point for both the main band 120a and the sub band 120b. FIG. 4 shows the rotation in action. As depicted, both the main band 120a and the sub band 120b, though rotated to different positions, rotate from the same lateral point-the connection portion 130”.
The Examiner respectfully does not agree. Amended claim 1 merely recites the limitation of “a head-engagement member rotatably connected to the arm at a second joint disposed laterally from the first joint” and does not recite that ‘the pivot joint (is) disposed at different locations along the arm’ as argued by the Applicant.
Furthermore, it is noted that the features upon which applicant relies (i.e., the pivot joint disposed at different locations along the arm ) are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Therefore, Bae discloses the limitation of “a head-engagement member rotatably connected to the arm at a second joint disposed laterally from the first joint” as recited in claim 1.
In regards to claim 13, the Applicant states on pages 8-9 in the Remarks, “Rather, both the main band 120a and the sub band 120b rotate in the same plane. This is evidenced throughout Bae's specification. For example, both the main band 120a and the sub band 120b rotate around the same axis defined by the connection portion 130 shown in FIG. 3. With the same axis of rotation, it is impossible for the main band 120a and the sub band 120b to rotate in perpendicular planes, as both of their rotations define the same plane, e.g., a vertical plane relative to the device. Moreover, both the main band 120a and the sub band 120b are shown in at least FIG. 1 to rotate together in tandem, thus along the same plane”.
The Examiner does not agree. Shown below is Figure 4 of Bae that clearly discloses the foldable arm 120a connected to the housing (i.e., housing 110 disclosed on Figure 2) and rotatable in a first plane (i.e., horizontal plane), and the support arm 120b connected to the foldable arm 120a and rotatable in a second plane (i.e., vertical plane) substantially perpendicular to the first plane (i.e., horizontal plane).
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Therefore, Bae discloses the limitation of the foldable arm connected to the housing and rotatable in a first plane, and the support arm connected to the foldable arm 120a and rotatable in a second plane substantially perpendicular to the first plane as recited in claim 13.
In regards to claim 18, the Applicant states on page 9 in the Remarks, “Shanley does not teach arms that are removably attached to the glasses frame. The Examiner points to paragraphs [0048] and [0049] as teaching that the temple arms of frame 140 are removably attachable to the glasses frame 140. (Non-Final Office Action at 6). However, paragraphs [0048] and [0049] make no reference to the temple arms of the frame 140 being removable. Instead, these paragraphs describe different methods of attaching the compliant arms 110/120 to the frame adapter 130 and methods of attaching the frame adapter 130 to the temple arms of the frame 140. Nowhere does Shanley teach that the temple arms are removably attachable to the glasses frame”.
The Examiner does not agree. Shanley, IV discloses on paragraph 0048, “Frame adapter 130 is an adapter that couples the compliant arms to the frame 140. In some embodiments, only the compliant arms 110 are coupled to a frame adapter 130. In other embodiments, both the compliant arms 110 and the upper compliant arms 120 are coupled to the frame adapter 130. In other embodiments, a compliant arm 110 and a plurality of upper compliant arms 120 are coupled to the frame adapter 130. Yet in other embodiments, the compliant arm(s) and the frame adapter 130 may be constructed as a single piece/body. In the event the upper compliant arms 120 and/or the compliant arm 110 is coupled to the frame adapter 130, the compliant arms may be coupled to the frame adapter using different types of attachments such as, for example, bolt-on arms, snap on arms, rotatable snap-fit arms, ratcheting features, and an extendible arm-mount or central component to disclose just a few. One of ordinary skill in the art appreciates there may be other types of attachments to couple a compliant arm to the frame adapter 130”.
Shanley, IV discloses on paragraph 0049, “Frame adapter 130 may be rigidly attached onto the frame 140 using various techniques such as, for example, sliding or snapping the frame adapter 130 onto the temple arms of the frame 140. In some embodiments, frame adapter 130 having the compliant arm(s) and the frame 140 may be a single piece. In other embodiments, frame adapter 130 may be adjustable along the frame 140 to allow varying head sizes and shapes of different wearers. One of ordinary skill in the art appreciates there are many other ways to attach the frame adapter 130 to the frame 140”.
Therefore, Shanley, IV discloses the limitation of “a glasses-arm connector coupled to the adjustable support fin and removably attachable to a glasses arm of the electronic glasses; wherein the glasses arm is removably attachable to a glasses frame of the electronic glasses” as recited in claim 18.
Conclusion
THIS ACTION IS MADE FINAL. 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 Nelson Lam whose telephone number is (571)272-8044. The examiner can normally be reached 1pm-9pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at 571 272-7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nelson Lam/Examiner, Art Unit 2627
/KE XIAO/Supervisory Patent Examiner, Art Unit 2627
