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 Amendment
The amendments filed on 3/18/2026 are acknowledged and accepted. Claims 1-7, 9-12, and 14-20 are amended, and Claims 1-20 remain pending in the application.
Drawings
The drawings filed on 01/29/2024 are acceptable.
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 1-6, 11, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lewis (US2013050833A1, of record in the IDS dated 1/29/2024).
With respect to Claim 1, Lewis discloses a head-mounted device (Fig. 1—element 2, display device; [0055]), comprising:
a head-mounted support (Fig. 6a-- element 115, frame; [0057]);
optical assemblies device (Fig. 6a-- element 14, display optical system; [0111]) each of which has a lens (Fig. 6a-- element 118, lens; [0111]) through which an image is visible ([0112]: a virtual image is visible on element 118) from an associated eye box (Fig. 6a-- the space behind the lenses which accommodates the eyes), a sensor (Fig. 6a-- element 134, sensor; [0113]) configured to measure eye characteristics ([0113]: 134 is a visible light camera that provides image data of the user’s pupil) in the associated eye box (Fig. 6a-- the space behind the lenses which accommodates the eyes), and a display (Fig. 6a-- element 120, microdisplay unit; [0099]) configured to display the image for the associated eye box ([0118]: element 134 determines if the pupil is unaligned with the optical axis and element 14 is moved to realign the pupils with the optical axis); and discloses control circuitry (Fig. 6a—element 136, control circuitry; [0057]) configured to determine an optical assembly misalignment by comparing a current alignment of a given optical assembly of the optical assemblies based on eye characteristics ([0118]: element 134 determines if the pupil is unaligned with the optical axis and element 14 is moved to realign the pupils with the optical axis) currently measured by the sensor (Fig. 6a-- element 134, sensor; [0113]) of the given optical assembly to an initial alignment of the given optical assembly based on eye characteristics previously measured by the sensor (Fig. 6a-- element 134, sensor; [0113]) of the given optical assembly ([0003]: the device may store inter-pupillary distance data and determine position adjustment needed to align the display), and adjust the image ([0108]: element 136 sends drive signals to element 135) for the display of the given optical assembly based on the determined optical assembly misalignment ([0118]: element 134 determines if the pupil is unaligned with the optical axis and element 14 is moved to adjust the position of the image in order to realign the image and the pupils with the optical axis).
With respect to Claim 2, Lewis discloses the head-mounted device (Fig. 1—element 2, display device; [0055]) defined in claim 1 and further discloses wherein the sensor (Fig. 6a-- element 134, sensor; [0113]) of each of the optical assemblies (Fig. 6a-- element 14r and 14l, display optical system; [0111]) comprises an image sensor (Fig. 6a-- element 134, sensor; [0113]) configured to capture eye images ([0113]: 134 is a visible light camera that provides image data of the user’s pupil), wherein the measured eye characteristics ([0113]: 134 is a visible light camera that provides image data of the user’s pupil) are obtained from the captured eye images ([0118]: data captured by the 134 indicates the pupil position), and wherein the image for the display of the given optical assembly (Fig. 6a-- element 14r and 14l, display optical system; [0111]) is adjusted based on the eye characteristics ([0113]: 134 is a visible light camera that provides image data of the user’s pupil) from the eye images captured ([0118]: element 134 determines if the pupil is aligned with the optical axis and element 14 is moved to realign the pupils with the optical axis) by the image sensor (Fig. 6a-- element 134, sensor; [0113]) of the given optical assembly (Fig. 6a-- element 14r and 14l, display optical system; [0111]).
With respect to Claim 3, Lewis discloses the head-mounted device (Fig. 1—element 2, display device; [0055]) defined in claim 1 and further discloses wherein the sensor (Fig. 6a-- element 134, sensor; [0113]) of each of the optical assemblies (Fig. 6a-- element 14r and 14l, display optical system; [0111]) comprises an image sensor (Fig. 6a-- element 134, sensor; [0113]) configured to capture eye images ([0113]: 134 is a visible light camera that provides image data of the user’s pupil) and wherein the measured eye characteristics are obtained from the captured eye images ([0113]: 134 is a visible light camera that provides image data of the user’s pupil) and include eye opening angle ([0211]: the position of an eyelid may be used for gaze tracking purposes) and cornea diameter ([0083]: the cornea center is determined as a part of gaze tracking).
With respect to Claim 4, Lewis discloses the head-mounted device (Fig. 1—element 2, display device; [0055]) defined in claim 1 and further discloses wherein sensor (Fig. 6a-- element 134, sensor; [0113]) of each of the optical assemblies (Fig. 6a-- element 14r and 14l, display optical system; [0111]) comprises an image sensor (Fig. 6a-- element 134, sensor; [0113]) configured to measure changes in alignment of the optical assemblies device (Fig. 6a-- element 14, display optical system; [0111]) by comparing eye information gathered when the optical assemblies device (Fig. 6a-- element 14, display optical system; [0111]) are aligned correctly to eye information gathered when the optical assemblies device (Fig. 6a-- element 14, display optical system; [0111]) are misaligned ([0003]: the device may store inter-pupillary distance data and determine position adjustment needed to align the display).
With respect to Claim 5, Lewis discloses the head-mounted device (Fig. 1—element 2, display device; [0055]) defined in claim 4 and further discloses wherein the image for the display (Fig. 6a-- element 120, microdisplay unit; [0099]) of the given optical assembly (Fig. 6a-- element 14r and 14l, display optical system; [0111]) is adjusted to compensate a change in alignment ([0099]-[0101]: element 120 includes a variable focus adjuster to adjust the focal length of the image to align the display along the optical path) of the given optical assembly (Fig. 6a-- element 14r and 14l, display optical system; [0111]) measured ([0118]: element 134 determines if the pupil is aligned with the optical axis and element 14 is moved to realign the pupils with the optical axis) by the image sensor (Fig. 6a-- element 134, sensor; [0113]) of the given optical assembly (Fig. 6a-- element 14r and 14l, display optical system; [0111]).
With respect to Claim 6, Lewis discloses the head-mounted device (Fig. 1—element 2, display device; [0055]) defined in claim 5 and further discloses wherein the measured change in alignment includes optical assembly rotation away from a given orientation ([0110]: element 2 includes gaze detection elements via element 134 which is a combination of a visible light and IR camera ) and wherein the images for the display (Fig. 6a-- element 120, microdisplay unit; [0099]) of the given optical assembly (Fig. 6a-- element 14r and 14l, display optical system; [0111]) is adjusted ([0118]: element 134 determines if the pupil is unaligned with the optical axis and element 14 is moved to adjust the position of the image in order to realign the image and the pupils with the optical axis) to compensate for the optical assembly rotation ([0099]-[0101]: element 120 includes a variable focus adjuster to adjust the focal length of the image to align the display along the optical path).
With respect to Claim 11, Lewis discloses the head-mounted device (Fig. 1—element 2, display device; [0055]) defined in claim 1 and further discloses the sensor (Fig. 6a-- element 134, sensor; [0113]) of each of the optical assemblies (Fig. 6a-- element 14r and 14l, display optical system; [0111]) comprises an image sensor (Fig. 6a-- element 134, sensor; [0113]), wherein the measured eye characteristics ([0113]: 134 is a visible light camera that provides image data of the user’s pupil) include eye opening angle ([0211]: the position of an eyelid may be used for gaze tracking purposes), wherein the display (Fig. 6a-- element 120, microdisplay unit; [0099]) is configured to use the eye opening angle in warping the image by comparing the currently measured eye characteristics comprise a currently measured eye opening angle ([0211]: a change in eyelid position compared to image data may trigger image calibration), and the previously measured eye characteristics comprise a previously measured eye opening angle ([0211]: a change in eyelid position compared to image data may trigger image calibration).
With respect to Claim 20, Lewis discloses a head-mounted device (Fig. 1—element 2, display device; [0055]), comprising:
a head-mounted support (Fig. 6a-- element 115, frame; [0057]);
left and right optical assemblies device (Fig. 6a-- element 14l and 14r, left and right display optical system; [0111]) in the head-mounted support (Fig. 6a-- element 115, frame; [0057]), wherein the left and right optical assemblies device (Fig. 6a-- element 14l and 14r, left and right display optical system; [0111]) have respective left and right lenses (Fig. 6a-- element 118, lens; [0111]) through which respective left and right images ([0112]: a virtual image is visible on element 118) are provided to left and right eye boxes (Fig. 6a-- the space behind the lenses which accommodates the eyes), left and right cameras (Fig. 6a-- element 134l and 134r, sensors; [0113]) configured to respectively capture a left eye image from the left eye box (Fig. 6a-- the space behind the lenses which accommodates the eyes) and a right eye image from the right eye box (Fig. 6a-- the space behind the lenses which accommodates the eyes) to measure corresponding left and right eye characteristics ([0113]: 134 is a visible light camera that provides image data of the user’s left and right pupil), and left and right displays (Fig. 6a-- element 14l and 14r, left and right display optical system; [0111]) configured to display the left and right images; and
control circuitry (Fig. 6a—element 136, control circuitry; [0057]) configured to adjust the left image ([0108]: element 136 sends drive signals to element 135) for the left display (Fig. 6a-- element 14l, left display optical system; [0111]) based on a comparison between the left eye characteristic measured at a first time and the left eye characteristic measured at a second time ([0003]: the device may store inter-pupillary distance data and determine position adjustment needed to align the display) ([0118]: element 134 determines if the pupil is unaligned with the optical axis and element 14 is moved to adjust the position of the image in order to realign the image and the pupils with the optical axis).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lewis (US2013050833A1, of record in the IDS dated 1/29/2024) in view of Lang (US 20190333480 A1, of record in the IDS dated 1/29/2024).
With respect to Claim 7, Lewis discloses the head-mounted device (Fig. 1—element 2, display device; [0055]) defined in claim 6 and further discloses wherein the display (Fig. 6a-- element 120, microdisplay unit; [0099]) However, Lang does not disclose wherein the image for the display of the given optical assembly is adjusted to rotate the image by an equal and opposite amount from the optical assembly rotation away from the given orientation.
Lewis and Lang are related as both pertaining to head-mounted devices. Lang does disclose an optical assemblies device ([0389]: element 515, OHMD unit) wherein the image for the display ([0389]: element 584, display; the image is rotated along with the display element) of the given optical assembly is adjusted to rotate the image by an equal and opposite amount from the optical assembly rotation away from the desired orientation ([0389]: element 584 may be rotated to compensate for a change in position). 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 head-mounted device of Lewis with the rotation compensation of Lang in order to create a device which may be calibrated to different users (Lang, [0389]).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lewis (US2013050833A1, of record in the IDS dated 1/29/2024) in view of Franklin (US2020064635A1, of record in the IDS dated 1/29/2024).
With respect to Claim 8, Lewis discloses the head-mounted device (Fig. 1—element 2, display device; [0055]) defined in claim 1 and further discloses the optical assemblies device (Fig. 6a-- element 14, display optical system; [0111]).
However, Lewis does not further disclose wherein the optical assemblies device each comprise an optical assembly electrode configured to make electrical contact with an electrode in a respective optical assembly position sensor electrode array.
Lewis and Franklin are related as both pertaining to head-mounted devices. Franklin does disclose wherein the optical assemblies (Fig. 4—element 70, left and right display modules; [0035]) each comprise an optical assembly electrode ([0031]: element 58 may be a piezoelectric actuator) configured to make electrical contact ([0035]: element 48 includes element 44, element 58 moves element 14 to be in contact with element 48 via element 70E) with an electrode (Fig. 3—element 44, capacitive proximity sensor electrodes; [0034]) in a respective optical assembly position sensor electrode array (Fig. 3—element 20, proximity sensor; [0034]). 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 head-mounted device of Lewis with the position sensor electrode arrays of Franklin in order to create a device which may detect the proximity of the user’s nose to the HMD (Franklin, [0034]).
With respect to Claim 9, Lewis and Franklin discloses the head-mounted device (Fig. 1—element 2, display device; [0055]) defined in claim 8 and Lewis further discloses the optical assemblies device (Fig. 6a-- element 14, display optical system; [0111]) are slidably coupled to guide rails (Fig. 6a—element 137, armature; [0101]: the armature may slide along elements) and wherein the head-mounted device (Fig. 1—element 2, display device; [0055]) comprises positioners (Fig. 6a—element 135, adjuster; [0100]) configured to move ([0099]: 135 changes distance of light processing elements) the optical assemblies device (Fig. 6a-- element 14, display optical system; [0111])
Lewis and Franklin are related as both pertaining to head-mounted devices. Franklin does disclose a head-mounted device (Fig. 2—electronic device, 10; [0029]) comprising positioners (Fig. 4—element 58, positioners; [0031]) configured to move the optical assemblies device (Fig. 4—element 70, left and right display modules; [0035]) so that the optical assembly electrodes ([0031]: element 58 may be a piezoelectric actuator) make contact ([0035]: element 48 includes element 44, element 58 moves element 14 to be in contact with element 48 via element 70E) with the electrodes in the optical assembly position sensor electrode arrays (Fig. 3—element 20, proximity sensor; [0034]).
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 head-mounted device of Lewis with the position sensor electrode arrays of Franklin in order to create a device which may detect the proximity of the user’s nose to the HMD (Franklin, [0034]).
With respect to Claim 10, Lewis and Franklin discloses the head-mounted device (Fig. 1—element 2, display device; [0055]) defined in claim 9 and Lewis further discloses the image for the display (Fig. 6a-- element 120, microdisplay unit; [0099]) of the given optical assembly (Fig. 6a-- element 14r and 14l, display optical system; [0111]) is adjusted ([0118]: element 134 determines if the pupil is unaligned with the optical axis and element 14 is moved to adjust the position of the image in order to realign the image and the pupils with the optical axis). However, Lewis does not disclose wherein the image for the display of the given optical assembly is adjusted the image based on measurements from the position sensor electrode arrays.
Lewis and Franklin are related as both pertaining to head-mounted devices. Franklin does disclose a head-mounted device (Fig. 2—electronic device, 10; [0029]) wherein the display (Fig. 14—element 14, display; [0037]) is configured to adjust ([0032]: the display is configured via information gathered by element 20) the image based on measurements from the position sensor electrode arrays (Fig. 3—element 20, proximity sensor; [0034]). 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 head-mounted device of Lewis with the array of electrodes of Franklin in order to create a device which may detect the proximity of the user’s nose to the HMD (Franklin, [0034]).
Allowable Subject Matter
Claims 12-19 are allowed.
With respect to Claim 12, Lewis discloses a head-mounted device, comprising:
a head-mounted support (Fig. 6a-- element 115, frame; [0057]); optical assemblies device (Fig. 6a-- element 14, display optical system; [0111]) mounted (Fig. 6a—element 14 is mounted in element 115) in the head-mounted support (Fig. 6a-- element 115, frame; [0057]) and including a given optical assembly (Fig. 6a-- element 14r and 14l, display optical system; [0111]);
optical assembly position sensors (Fig. 6a-- element 134, sensor; [0113]), wherein the optical assembly position sensors (Fig. 6a-- element 134, sensor; [0113]) are configured to measure changes in alignment of the optical assemblies device (Fig. 6a-- element 14, display optical system; [0111]),
Lewis and Franklin are related as both pertaining to head-mounted devices. Franklin does disclose a head-mounted device (Fig. 2—electronic device, 10; [0029]) comprising:
optical assembly position sensors (Fig. 3—element 20, proximity sensor; [0034]) having arrays of electrodes (Fig. 3—element 44, capacitive proximity sensor electrodes; [0034]), the arrays of electrodes (Fig. 3—element 44, capacitive proximity sensor electrodes; [0034] including a given array of electrodes (Fig. 3—element 44, capacitive proximity sensor electrodes on left or right side; [0034] for the given optical assembly (Fig. 6a-- element 14r and 14l, display optical system; [0111]); and
measurement circuitry ([0035]: element 44 may be formed on a flexible printed circuit board) coupled to the optical assembly position sensors (Fig. 3—element 20, proximity sensor; [0034]).
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 head-mounted device of Lewis with the array of electrodes of Franklin in order to create a device which may detect the proximity of the user’s nose to the HMD (Franklin, [0034]).
However, neither Lewis, Franklin, or any other combination of the art discloses and the optical assembly position sensors including an optical assembly electrode on the given optical assembly, wherein the optical assembly electrode is configured to make contact with a first electrode in the given array when the given optical assembly in an aligned position, and wherein the optical assembly electrode is configured to make contact with a second electrode in the given array when the given optical assembly is in a misaligned position, in combination with all other limitations of Claim 12.
With respect to Claims 13-19, these claims are dependent on Claim 12
and are allowable at least for the reasons stated supra.
Response to Arguments
Applicant’s arguments, see Page 11, filed 03/18/2026, with respect to the 112(b) rejection of claims 1-20 have been fully considered and are persuasive. The 112(b) rejection of claims 1-20 has been withdrawn.
Applicant’s arguments, see Page 11, filed 03/18/2026, with respect to the 103 rejection of claims 12-19 have been fully considered and are persuasive. The 103 rejection of claims 12-19 has been withdrawn.
Applicant's arguments filed 03/18/2026 concerning the rejections of claims 1-11 and 20 have been fully considered but they are not persuasive.
Examiner disagrees with applicant’s argument that Lewis does not disclose limitations disclosed in the amendments of claims 1 and 20. Lewis does disclose a control circuitry (Fig. 6a—element 136, control circuitry; [0057]) configured to adjust the image ([0108]: element 136 sends drive signals to element 135) for the display of the given optical assembly based on the determined optical assembly misalignment ([0118]: element 134 determines if the pupil is unaligned with the optical axis and element 14 is moved to adjust the position of the image in order to realign the image and the pupils with the optical axis). Lewis discloses that the image of the display is adjusted via the adjustment of the display itself, the movement of the display will result in movement of the image which the display is displaying.
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 MACKENZI BOURQUINE whose telephone number is (571)272-5956. The examiner can normally be reached Monday - Friday 8:30 - 4:30 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, Pinping Sun can be reached at (571) 270-1284. 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.
/MACKENZI WADDELL/ Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/ Primary Examiner, Art Unit 2872
Prosecution Insights