DETAILED ACTION
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.
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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on 07/28/26 is acknowledged.
Claims 7-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/28/26.
Response to Amendment
The amendments to the claims, in submission dated 07/28/26, are acknowledged and accepted.
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Lamontagne et al.(US 7,628,484) in view of Lhospice (5,076,681).
Regarding claim 1, Lamontagne teaches a head mountable device (eyewear 101), comprising: a display frame (frame 102/104); a window (lens 103) connected to the display frame (102/104); and a securement arm (temple 105) extending from the display frame (102/104), the securement arm (105) comprising: a proximal segment (branch 109) including a first contact feature (240); a distal segment (sliding member 205) including a second contact feature (245), the proximal segment (109) disposed between the distal segment (205) and the display frame (102/104); and wherein, an interior side of the securement arm (105) defines an interior radius of curvature; and an exterior side of the securement arm (105) opposite the interior side defines an exterior radius of curvature, the exterior radius of curvature being greater than the interior radius of curvature (claim 1 states that the branch’s internal wall has a “first curvature” (the interior/concave side). The rigid member 205 has a “second curvature greater than the first curvature.” The branch’s exterior side faces outward away from the head. Interior radius (first curvature, flexible branch wall) < exterior radius (second curvature, rigid member outer surface). Exterior Radius > Interior Radius, claim 1). Lamontagne does not specifically teach a joint, the distal segment rotatably coupled to the proximal segment at the joint. However, in a similar field of endeavor, Lhospice teaches a head mountable device, comprising a joint, the distal segment rotatably coupled to the proximal segment at the joint (claim 1, the end part rotatably mounted at one end of a main temple part via an axial joint.). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Lhospice with a joint, the distal segment rotatably coupled to the proximal segment at the joint of Lamontagne, for the purpose of achieving the same angular adjustment of the distal contact position relative to the head (claim 1).
PNG
media_image1.png
874
890
media_image1.png
Greyscale
Regarding claim 2, Lamontagne in view of Lhospice teaches the invention as set forth above and Lamontagne further teaches the proximal segment (109) includes a first proximal end (front end of 109) secured to the display frame (112/114) and a first distal end (opposite side of the front end of 109) opposite the first proximal end (front end of 109); and the first contact feature (240) is located at or near the first distal end (opposite side of the front end of 109).
Regarding claim 3, Lamontagne in view of Lhospice teaches the invention as set forth above and Lhospice further teaches the wherein, the distal segment (entire end part 13) includes a second proximal end (is the area where the end part 13 is located) secured to the proximal segment (entire main part 12) at the joint (the end part 13 rotates on temple as an axial joint) and a second distal end (18) opposite the second proximal end (is the area where the end part 13 is located); and the second contact feature (245 as in combination with Lhospice) is located at or near the second distal end (18).
Regarding claim 4, Lamontagne in view of Lhospice teaches the invention as set forth above and Lamontagne further teaches the proximal segment defines a proximal interior radius of curvature (branch 109); the distal segment (205) defines a distal interior radius of curvature; and the proximal interior radius of curvature is greater than the distal interior radius of curvature (claim 1, said second curvature being greater than said first curvature such that movement of said member along said aperture and towards said distal end of said branch displaces said branch from a first position in which a first pressure is applied to a side of a wearer's head to a second position in which a second pressure is applied to the side of the wearer's head, said second pressure being greater than said first pressure.).
Regarding claim 5, Lamontagne in view of Lhospice teaches the invention as set forth above and Lamontagne further teaches the second contact feature (245) is oriented towards the display frame (112/114).
Regarding claim 6, Lamontagne in view of Lhospice teaches the invention as set forth above and Lhospice further teaches the distal segment is rotatable about the joint (entire end part 13) to adjust an angle of the second contact feature relative to the display frame (claim 1, said end part being rotatably mounted … and being rotatable by 180 degrees … the two opposite edges forming respective means to contract the ear; col. 2, lines 40-56).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Okina et al. (US 20240337843) teaches an eyeglass type head mounted display.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY DUONG whose telephone number is (571)270-0534. The examiner can normally be reached Monday-Friday from 9:00 AM to 5:00 PM.
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.
/HENRY DUONG/Primary Patent Examiner, Art Unit 2872 08/08/26
Prosecution Insights