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 .
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.
Response to Amendment
Applicant's arguments filed 8/11/2026 have been fully considered but they are not persuasive.
Applicant argues that US 145 does not teach that the fabric “has a flexible region that is configured to deform to receive a nose” in the last two lines of claim 21, examiner respectfully disagrees with that due to paragraphs 0044-0045 and 0027-0028 of US 145’s specification. Paragraph 0045 was used in the rejection as it says that facial-interface portion 126 may abut a user’s face, and portion 129D of 126 is the portion that abuts the nose. To further clarify the rejection, paragraph 0044 states that facial-interface portion 126 is made of a knitted material, and paragraphs 0027-0028 state that the knitted layer may include different regions with different degrees of one or more physical properties including flexibility or deformability, and further states “Such continuous knitted layers may have structurally supportive regions as well as adaptive regions that conform to a user's unique head and facial features, increasing a user's comfort level while wearing the head-mounted-display system”. Therefore, an adaptive region which conforms to a user’s unique head and facial features to increase comfort level would necessarily deform or be flexible toward the portion of the device which contacts a user’s head, such as facial-interface portion 126 with nasal region 129D which is described as abutting a user’s nasal region.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ellis et. al US 20190243145 (hereinafter “US 145”) of record.
Regarding claim 21, US 145 teaches a head-mounted device comprising:
a housing (US 145 fig. 1 - 110);
displays disposed in the housing (US 145 para. 0030) and configured to display images to eye boxes (US para. 0030); and
a light-shielding structure (US 145 fig. 1 – 108, 118) that includes a fabric (US 145 fig. 2-3 – 120, 220, 123), wherein the fabric (120, 220) is coupled to the housing (US 145 fig. 4-5 – 110 includes 123, see also para. 0041) and has a flexible region that is configured to deform to receive a nose (US 145 fig. 5 – 129D, see also para. 0044-0045 – states “facial-interface portion 126 may include (…) a nasal region 129D corresponding to a nasal region of the user's face” and “at least part of facial-interface portion 126 may be formed of a knitted material that is configured to directly abut and/or contact the user's face”, then 0027-0028 state “the knitted layer may include different regions having different degrees of one or more physical properties (e.g., rigidity, elasticity, flexibility, or deformability, bondability to at least one specified material, etc.)” and “such continuous knitted layers may have structurally supportive regions as well as adaptive regions that conform to a user's unique head and facial features, increasing a user's comfort level while wearing the head-mounted-display system”, therefore an adaptive region which conforms to a user’s unique head and facial features to increase comfort level would necessarily deform or be flexible toward the portion of the device which contacts a user’s head, such as facial-interface portion 126 with nasal region 129D which is described as abutting a user’s nasal region).
Regarding claim 22, US 145 teaches the head-mounted device defined in claim 21, and US 145 further teaches wherein the fabric (120, 220, 123) comprises a flat knit fabric (US 145 fig. 2-3, see also para. 0037-0040).
Regarding claim 23, US 145 teaches the head-mounted device defined in claim 21, and US 145 further teaches wherein the fabric (120, 220, 123) has a structural region that surrounds the flexible region and that is stiffer than the flexible region (US 145 fig. 7 – 140C, see also para. 0052-0053, 0057).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-8, 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Castro et. al US 20130014316 (hereinafter “Castro”) in view of Ellis et. al US 20190243145 (hereinafter “US 145”) of record.
Regarding claim 1, Castro teaches a head-mounted device comprising:
a housing (Castro fig. 1 - 24);
a light-shielding structure (Castro fig. 1 - 16, 110, 120, 130, 40, 200) coupled to the housing (Castro fig. 1, see also para. 0059) and having a rigid frame (Castro fig. 1 - 16, 110, 120, 130), an elastic structure (Castro fig. 6 - 40) extending from the rigid frame (Castro fig. 6 - 40 extends from 110 and 16), and a fabric cover (Castro fig. 1 - 200) supported by and extending over the rigid frame (16, 110, 120, 130) and the elastic structure (Castro fig. 3 - 200 extends over 130 and 40), wherein the rigid frame (16, 110, 120, 130) includes first and second frame portions respectively at opposite sides of the light-shielding structure (Castro fig. 5a-d – 120 and 130 disposed at either side of 110, see also the annotated figure below) and wherein the elastic structure (40) spans an area between the first and second frame portions (Castro fig. 3 and 6 - 40 shown to extend behind 130).
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Castro does not teach displays disposed in the housing and configured to display images to eye boxes.
US 145 displays disposed in the housing (US 145 fig. 1 - 110) and configured to display images to eye boxes (US 145 para. 0004, 0030) for the purpose of displaying visual content to a user (US 145 para. 0030). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have displays disposed in the housing and configured to display images to eye boxes as taught by US 145 in the head-mounted device of Castro in order to display visual content to a user (US 145 para. 0030).
Regarding claim 2, Castro and US 145 teach the head-mounted device defined in claim 1, and Castro further teaches wherein the elastic structure (40) comprises an elastomer layer that spans the area between the first and second frame portions (Castro fig. 3 and 6 – spans behind 130 and 110, see also para. 0061 – 40 lines 16).
Regarding claim 3, Castro and US 145 teach the head-mounted device defined in claim 2, and Castro further teaches wherein the rigid frame (16, 110, 120, 130) includes a third frame portion (Castro fig. 5a-d – 110 including slot 140) that extends between the first and second frame portions (Castro fig. 5a-d – 110 including slot 140 extends between 120 and 130 on either side of 110) and wherein the area spanned by the elastomer layer (40) extends to the third frame portion (Castro fig. 6).
Regarding claim 4, Ellis and US 145 teach the head-mounted device defined in claim 1, and US 145 further teaches wherein the fabric cover (200) is affixed to the first and second frame portions (Castro fig. 2 – 200 includes 250 which is affixed to 140 and 241 with 240 which are affixed over 130, see also para. 0078 and 0088).
Regarding claim 5, Castro and US 145 teach the head-mounted device defined in claim 1, and Ellis further teaches wherein the fabric cover (200) comprises an opaque fabric cover (Ellis para. 0012, 0017-0018 – tented textile covering the removable facial interface blocks external light) tented over the first and second frame portions (130) and the elastic structure (Castro fig. 2 – 200 includes portions 241 which are tented over 130 on either side of 110).
Regarding claim 6, Castro and US 145 teach the head-mounted device defined in claim 1, and they further teach wherein the elastomer layer (40) defines a nose-receiving opening (Castro fig. 1 – 16 has a nosepiece 20, fig. 3 and 6 show cushion 40 lining the interior of 16, para. 0061 also states that 40 lines the rear surface of 16, therefore 40 would line the interior surface of 16 which defines 20 in fig. 1) that is adjustable to conform to a nasal region (Castro para. 0061 – cushioning material 40 includes multiple layers of soft and deformable materials, including a resilient deformable material like open cell polyurethane foam, to prevent chaffing on the wearer’s face, and since 16 defines a nosepiece 20, and 40 lines the rear surface of 16, 40 would line 20 as well).
Regarding claim 7, Castro and US 145 teach the head-mounted device defined in claim 6, and Castro further teaches wherein the elastomer layer (40) is configured to deform based on the nasal region outline (Castro para. 0061 – cushioning material 40 includes multiple layers of soft and deformable materials, including a resilient deformable material like open cell polyurethane foam, to prevent chaffing on the wearer’s face, and since 16 defines a nosepiece 20, and 40 lines the rear surface of 16, 40 would line 20 as well).
Regarding claim 8, Castro and US 145 teach the head-mounted device defined in claim 1, and Castro further teaches wherein the rigid frame (16, 110, 120, 130) and the elastic structure (40) form an underlying structure over which the fabric cover (200) is tented (Castro fig. 3-4 – 200 is tented over 140 of 110, 130, and 40).
Regarding claim 11, Castro and US 145 teach the head-mounted device defined in claim 1, and US 145 further teaches wherein the elastic structure (US 145 fig. 4 – 140B, 140C) comprises an additional fabric (US 145 fig. 7 – 140c) having a stretchy region surrounded by a structural region that is stiffer than the stretchy region (US 145 para. 0052-0053, 0057).
Regarding claim 12, Castro and US 145 teach the head-mounted device defined in claim 1, and Castro further teaches wherein the rigid frame (16, 110, 120, 130) is formed from a portion of the housing (Castro para. 0059 – 16 includes outer or front frame portion 24).
Regarding claim 13, Castro and US 145 teach the head-mounted device defined in claim 1, and they further teach wherein the first and second frame portions (120, 130) are attached to the housing (Castro para. 0083-0084 – 120 engages with goggle 10 to connect 110 to 10 at 20, this connection would also attach 130 to 10 via 110) and wherein the light-shielding structure (16, 110, 120, 130, 40, 200) at least partly defines an outline of the eye boxes (Castro fig. 1 – 16 at least partly defines the eye box area) and is configured to block external environmental light from entering the eye boxes when the head-mounted device is worn (US 145 fig. 1 – 118, see also para. 0036).
Regarding claim 14, Castro teaches a head-mounted device comprising:
a housing (Castro fig. 1 - 24);
a nasal-region-mounted light-shielding structure (Castro fig. 1 - 16, 110, 120, 130, 40, 200) with first and second opposing sides (see annotated Castro fig. 3 below which illustrates the first and second opposing sides), wherein the nasal-region-mounted light-shielding structure (16, 110, 120, 130, 40, 200) includes a rigid structure (Castro fig. 5a-c – 110, 120, 130) at the first side that is coupled to the housing (Castro fig. 3 – 110 is coupled to 24 via 120, see also para. 0083-0084), a flexible structure (Castro fig. 3 – 40, see also para. 0061 – outer layer of 40) that extends along the second side (Castro fig. 3) and is configured to define a nose-receiving opening that is adjustable (Castro fig. 3 and 6, see also para. 0061 – 40 lines the entire rear surface of 16, where 24 is the front portion and 26 is the rear, therefore 40 would further line and define the nasal region 20 of 16 seen in fig. 1, and is described as being made of several layers including an intermediate layer comprising open cell polyurethane foam), and a cover layer (Castro fig. 3 – 40, see also para. 0061, specifically the inner layer of 40 which may comprise a woven fiber and prevents chaffing of the wearer’s face) that covers the flexible structure (Castro para. 0061 – the inner layer 40 are described as being made of a soft, matted, or woven fiber which covers a resilient, deformable material – therefore the inner layer would also be deflectable), wherein the cover layer (inner layer of 40) provides a deflectable fabric surface forming a flexible boundary for the nose-receiving opening (Castro para. 0061 – 40 lines the entire interior surface of 16, including nasal region 20, 40 may comprise three layers which include the innermost layer which may comprise a soft, matted, or woven fiber which covers the intermediate layer made of a resilient, deflectable foam – therefore the inner layer would also be deflectable).
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Castro does not teach displays disposed in the housing and configured to display images to eye boxes.
US 145 displays disposed in the housing (US 145 fig. 1 - 110) and configured to display images to eye boxes (US 145 para. 0004, 0030) for the purpose of displaying visual content to a user (US 145 para. 0030). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have displays disposed in the housing and configured to display images to eye boxes as taught by US 145 in the head-mounted device of Castro in order to display visual content to a user (US 145 para. 0030).
Regarding claim 15, Castro and US 145 teach the head-mounted device defined in claim 14, and they further teach wherein the flexible structure (Castro intermediate layer of 40) comprises a polymer layer (Castro para. 0061 – intermediate layer of 40 - open cell polyurethane foam) and the cover layer (Castro inner layer of 40) comprises an opaque fabric cover (US 145 fig. 1 – 118, see also para. 0036).
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Castro and US 145 as applied to claims 1 and 14 above, and further in view of Ellis et. al US 20190041899 (hereinafter “Ellis”) of record.
Regarding claim 9, Castro and US 145 teach the head-mounted device defined in claim 1.
Castro and US 145 do not specify wherein the rigid frame and the elastic structure define a non-overlapping layer over which the fabric cover is tented.
In the same field of endeavor, Ellis further teaches wherein the rigid frame (309, 413, 423) and the elastic structure (411) define a non-overlapping layer over which the fabric cover (115) is tented (Ellis fig. 3, see also para. 0012) for the purpose of blocking external light (Ellis para. 0012). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the rigid frame and the elastic structure define a non-overlapping layer over which the fabric cover is tented as taught by Ellis in the head-mounted display device of Castro and US 145 in order to block external light (Ellis para. 0012).
Regarding claim 16, Castro and US 145 teach the head-mounted device defined in claim 14.
Castro and US 145 do not specify the cover layer extending across first and second opposing surfaces which connect the first side to the second side.
In the same field of endeavor, Ellis further teaches wherein the nasal-region-mounted light-shielding structure (Ellis fig. 3 – 309, 113) has first and second opposing surfaces (Ellis fig. 4 – 419 extending from 413 is on the first side of 113, and 411 which contacts a user’s face is on the second side) that connect the first side to the second side (Ellis fig. 3-4 – 419 are aligned with slots in 315 which are located within 315 of 309, which connect the first side to the second side where the user’s face would contact 411) and wherein the cover layer (Ellis fig. 3 - 115) extends across the first and second surfaces and around the second side (Ellis fig. 2 – 115 extends over to 113) for the purpose of securing the facial interface assembly to the main body housing (Ellis para. 0020). 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 cover layer extending across first and second opposing surfaces which connect the first side to the second side as taught by Ellis in the head-mounted device of Castro and US 145 in order to secure the facial interface assembly to the main body housing (Ellis para. 0020).
Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Castro and US 145 as applied to claims 1 and 14 above, and further in view of Yee US Patent 10,739,600 (hereinafter “Yee”).
Regarding claim 10, Castro and US 145 teach the head-mounted device defined in claim 1.
Castro and US 145 do not teach wherein the elastic structure comprises a flexible arm that extends from the rigid frame and an elastic cord that extends through the flexible arm and has opposing ends coupled to the rigid frame.
In the same field of endeavor, Yee teaches wherein the elastic structure comprises a flexible arm (Yee fig. 3-5b – 340a-b, 420a-b, 530) that extends from the rigid frame (Yee fig. 3-5b – 320, 520 – 340a-b extend from 320, 530 extends from 520) and an elastic cord (Yee fig. 3-5b – 315, 415, 515) that extends through the flexible arm (340a-b, 420a-b, 530) and has opposing ends coupled to the rigid frame (Yee fig. 3-5b - 340a-b, 420a-b, 530 are coupled to 315, 415, and 515 respectively, where fig. 5a-b show how one side of 515 is coupled to 520 through 530) for the purpose of allowing the facial interface to match the contours of the user’s facial structure (Yee col. 9 lines 51-53). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the elastic structure comprises a flexible arm that extends from the rigid frame and an elastic cord that extends through the flexible arm and has opposing ends coupled to the rigid frame as taught by Yee in the head-mounted device of Castro and US 145 in order to allow the facial interface to match the contours of the user’s facial structure (Yee col. 9 lines 51-53).
Regarding claim 17, Castro and US 145 the head-mounted device defined in claim 14.
Castro and US 145 do not teach wherein the flexible structure comprises an elastic cord that is coupled to the rigid structure via a flexible arm.
In the same field of endeavor, Yee teaches wherein the flexible structure comprises an elastic cord (Yee fig. 3-5b – 315, 415, 515) that is coupled to the rigid structure (Yee fig. 3-5b – 320, 520) via a flexible arm (Yee fig. 3-5b – 340a-b, 420a-b, 530, where 340a-b extend from 320, 530 extends from 520 and couple 315 and 515 to 320 and 520 respectively) for the purpose of allowing the facial interface to match the contours of the user’s facial structure (Yee col. 9 lines 51-53). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the flexible structure comprises an elastic cord that is coupled to the rigid structure via a flexible arm as taught by Yee in the head-mounted device of Castro in order to allow the facial interface to match the contours of the user’s facial structure (Yee col. 9 lines 51-53).
Claims 1-9, 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Ellis et. al US 20190041899 (hereinafter “Ellis”) of record in view of Ellis et. al US 20190243145 (hereinafter “US 145”) of record.
Regarding claim 1, Ellis teaches a head-mounted device (Ellis fig. 1-5) comprising:
a housing (Ellis fig. 3 – 103, 107);
displays disposed in the housing (Ellis fig. 3) and configured to display images to eye boxes (Ellis para. 0015); and
a light-shielding structure (Ellis fig. 3 – 309, 113) coupled to the housing (Ellis fig. 3) and having a rigid frame (Ellis fig. 3-4 – 309, 413, 423), an elastic structure extending from the rigid frame (Ellis fig. 4 – 411 extending from 413), and a fabric cover (Ellis fig. 3 - 115) supported by and extending over the rigid frame and the elastic structure (Ellis fig. 3 – 115 is supported by and extends over 309 and 113, see also para. 0013), wherein the rigid frame (413) includes first and second frame portions (Ellis fig. 4 – 419 extending from 413) respectively at opposite sides of the light-shielding structure (Ellis fig. 4 - 419 extends from 413 which is part of 113, has portions disposed at opposite sides of 413 and 113).
Ellis does not teach wherein the elastic structure spans an area between the first and second frame portions, however Ellis does teach pins 419 which protrude from 413, where 411 encompasses 419 and 413 (Ellis fig. 4 – 411 spans an area between all of 419).
In the same field of endeavor, US 145 teaches wherein the elastic structure (US 145 fig. 6 - 123) spans an area between the first and second frame portions (US 145 fig. 6 –134, 123 spans an area between each component 134) for the purpose of allowing the knitted layer to have multiple regions of different degrees of at least one physical property such as rigidity, elasticity, flexibility, deformability, or bondability, with a transition region between the multiple regions (US 145 para. 0003-0004). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the elastic structure spans an area between the first and second frame portions as taught by US 145 in the head-mounted device of Ellis in order to allow the knitted layer to have multiple regions of different degrees of at least one physical property such as rigidity, elasticity, flexibility, deformability, or bondability, with a transition region between the multiple regions (US 145 para. 0003-0004).
Regarding claim 2, Ellis and US 145 teach the head-mounted device defined in claim 1, and Ellis further teaches wherein the elastic structure (411) comprises an elastomer layer (Ellis para. 0022) that spans the area between the first and second frame portions (Ellis fig. 4 – 411 extends from 413, the side 521 fully encompasses 413 with 419 and the inner part spans the area between pins 419).
Regarding claim 3, Ellis and US 145 teach the head-mounted device defined in claim 2, and they further teach wherein the rigid frame (Ellis 309, 413, 423; US 145 134) includes a third frame portion (Ellis fig. 4 – 423; US 145 fig. 6 - 118) that extends between the first and second frame portions (Ellis fig. 4 – 423 extends along the periphery of 413 with 419; US 145 fig. 6 – 118 holding 104 extends between 134) and wherein the elastomer layer (411) extends to the third frame portion (Ellis fig. 4 – 411 extends between 423 and 413).
Regarding claim 4, Ellis and US 145 teach the head-mounted device defined in claim 1, and US 145 further teaches wherein the fabric cover is affixed to the first and second frame portions (see the annotated US 145 fig. 6 below).
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Regarding claim 5, Ellis and US 145 teach the head-mounted device defined in claim 1, and they further teach wherein the fabric cover (115) comprises an opaque fabric cover (Ellis para. 0012, 0017-0018 – tented textile covering the removable facial interface blocks external light) tented over the first and second frame portions (419) and the elastic structure (see annotated US 145 fig. 6 below, shows the fabric cover tented over the first and second frame portions).
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Regarding claim 6, Ellis and US 145 teach the head-mounted device defined in claim 1, and they further teach wherein the elastomer layer (411) defines a nose-receiving opening (Ellis fig. 4-5) that is adjustable to conform to a nasal region (US 145 – para. 0027-0028, 0044-0045).
Regarding claim 7, Ellis and US 145 teach the head-mounted device defined in claim 6, and Ellis further teaches wherein the elastomer layer (411) is configured to deform based on the nasal region outline (Ellis fig. 5, see also para. 0021-0022).
Regarding claim 8, Ellis and US 145 teach the head-mounted device defined in claim 1, and Ellis further teaches wherein the rigid frame (309, 413, 423) and the elastic structure (411) form an underlying structure over which the fabric cover (115) is tented (Ellis fig. 3, see also para. 0012).
Regarding claim 9, Ellis and US 145 teach the head-mounted device defined in claim 1, and Ellis further teaches wherein the rigid frame (309, 413, 423) and the elastic structure (411) define a non-overlapping layer over which the fabric cover (115) is tented (Ellis fig. 3, see also para. 0012).
Regarding claim 11, Ellis and US 145 teach the head-mounted device defined in claim 1, and US 145 further teaches wherein the elastic structure (US 145 fig. 4 – 140B, 140C) comprises an additional fabric (US 145 fig. 7 – 140c) having a stretchy region surrounded by a structural region that is stiffer than the stretchy region (US 145 para. 0052-0053, 0057).
Regarding claim 12, Ellis and US 145 teach the head-mounted device defined in claim 1, and Ellis further teaches wherein the rigid frame (309, 413, 423) is formed from a portion of the housing (Ellis para. 0017-0018).
Regarding claim 13, Ellis and US 145 teach the head-mounted device defined in claim 1, and Ellis further teaches wherein the first and second frame portions (Ellis 419; US 145 134) are attached to the housing (Ellis para. 0013 and 0019 –113 which includes 419 and 423 is attached to 107) and wherein the light-shielding structure (309, 113) at least partly defines an outline of the eye boxes (Ellis fig. 3 – 113 at least partly defines the eye box area) and is configured to block external environmental light from entering the eye boxes when the head-mounted device is worn (Ellis para. 0012).
Regarding claim 14, Ellis and US 145 teach a head-mounted device comprising:
a housing (Ellis fig. 3 – 103, 107);
displays disposed in the housing (Ellis fig. 3) and configured to display images to eye boxes (Ellis para. 0015); and
a nasal-region-mounted light-shielding structure (Ellis fig. 3 – 309, 113) with first and second opposing sides (Ellis fig. 3 – first side includes 107 and second side includes 113), wherein the nasal-region-mounted light-shielding structure (309, 113) includes a rigid structure at the first side that is coupled to the housing (Ellis fig. 3 – 309 is coupled to 107), a flexible structure that extends along the second side and is configured to define a nose-receiving opening that is adjustable (Ellis fig. 4 - 411), and a cover layer that covers the flexible structure (Ellis fig. 3 – 115, see also para. 0013).
Ellis does not specifically teach wherein the cover layer provides a deflectable fabric surface forming a flexible boundary for the nose-receiving opening.
In the same field of endeavor, US 145 teaches wherein the cover layer (US 145 fig. 5 – 129D of 126) provides a deflectable fabric surface forming a flexible boundary (US 145 fig. 5, see also para. 0027-0028 and 0044-0045) for the purpose of increasing the comfort level of the user while also reducing the weight of the display system (US 145 para. 0028).
Further, US 145 does not specify that the flexible boundary is specifically at the nose-receiving opening, however US 145 teaches that the facial-interface portion 126 which abuts and/or in close proximity to corresponding regions of a user’s face (US 145 para. 0045) has a nasal region (US 145 fig. 5 – 129D, see also para. 0045) is made out of a knitted material (US 145 para. 0044), and the knitted layer is described as “the knitted layer may include different regions having different degrees of one or more physical properties (e.g., rigidity, elasticity, flexibility, or deformability, bondability to at least one specified material, etc.)” and “such continuous knitted layers may have structurally supportive regions as well as adaptive regions that conform to a user's unique head and facial features, increasing a user's comfort level while wearing the head-mounted-display system” (US 145 para. 0027-0028) for the purpose of increasing the comfort level of the user while also reducing the weight of the display system (US 145 para. 0028). Based on this teaching in the disclosure of US 145, 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 flexible boundary is specifically at the nose-receiving opening as disclosed by US 145 in order to increase the comfort level of the user while also reducing the weight of the display system (US 145 para. 0028).
Regarding claim 15, Ellis and US 145 teach the head-mounted device defined in claim 14, and they further teach wherein the flexible structure (US 145 fig. 7 – 140b-c, see also para. 0052-0053, 0057) comprises a polymer layer (US 145 para. 0036, 0057-0058 – 140b of 123 may have a higher flexibility) and the cover layer comprises an opaque fabric cover (Ellis para. 0012 – a tented textile attaches the removable facial interface to the head mount display to block external light).
Regarding claim 16, Ellis and US 145 teach the head-mounted device defined in claim 14, and Ellis further teaches wherein the nasal-region-mounted light-shielding structure (309, 113) has first and second opposing surfaces (Ellis fig. 4 – 419 extending from 413 is on the first side of 113, and 411 which contacts a user’s face is on the second side) that connect the first side to the second side (Ellis fig. 3-4 – 419 are aligned with slots in 315 which are located within 315 of 309, which connect the first side to the second side where the user’s face would contact 411) and wherein the cover layer (115) extends across the first and second surfaces and around the second side (Ellis fig. 2 – 115 extends over to 113).
Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ellis and US 145 as applied to claims 1 and 14 above, and further in view of Yee US Patent 10,739,600 (hereinafter “Yee”).
Regarding claim 10, Ellis and US 145 teach the head-mounted device defined in claim 1.
Ellis and US 145 do not teach wherein the elastic structure comprises a flexible arm that extends from the rigid frame and an elastic cord that extends through the flexible arm and has opposing ends coupled to the rigid frame.
In the same field of endeavor, Yee teaches wherein the elastic structure comprises a flexible arm (Yee fig. 3-5b – 340a-b, 420a-b, 530) that extends from the rigid frame (Yee fig. 3-5b – 320, 520 – 340a-b extend from 320, 530 extends from 520) and an elastic cord (Yee fig. 3-5b – 315, 415, 515) that extends through the flexible arm (340a-b, 420a-b, 530) and has opposing ends coupled to the rigid frame (Yee fig. 3-5b - 340a-b, 420a-b, 530 are coupled to 315, 415, and 515 respectively, where fig. 5a-b show how one side of 515 is coupled to 520 through 530) for the purpose of allowing the facial interface to match the contours of the user’s facial structure (Yee col. 9 lines 51-53). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the elastic structure comprises a flexible arm that extends from the rigid frame and an elastic cord that extends through the flexible arm and has opposing ends coupled to the rigid frame as taught by Yee in the head-mounted device of Ellis and US 145 in order to allow the facial interface to match the contours of the user’s facial structure (Yee col. 9 lines 51-53).
Regarding claim 17, Ellis and US 145 the head-mounted device defined in claim 14.
Ellis and US 145 do not teach wherein the flexible structure comprises an elastic cord that is coupled to the rigid structure via a flexible arm.
In the same field of endeavor, Yee teaches wherein the flexible structure comprises an elastic cord (Yee fig. 3-5b – 315, 415, 515) that is coupled to the rigid structure (Yee fig. 3-5b – 320, 520) via a flexible arm (Yee fig. 3-5b – 340a-b, 420a-b, 530, where 340a-b extend from 320, 530 extends from 520 and couple 315 and 515 to 320 and 520 respectively) for the purpose of allowing the facial interface to match the contours of the user’s facial structure (Yee col. 9 lines 51-53). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the flexible structure comprises an elastic cord that is coupled to the rigid structure via a flexible arm as taught by Yee in the head-mounted device of Ellis in order to allow the facial interface to match the contours of the user’s facial structure (Yee col. 9 lines 51-53).
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 ELIZABETH M HALL whose telephone number is (703)756-5795. The examiner can normally be reached Mon-Fri 9-5:30 pm PST.
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, Ricky Mack can be reached at (571)272-2333. 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.
/ELIZABETH M HALL/Examiner, Art Unit 2872
/ZACHARY W WILKES/Primary Examiner, Art Unit 2872
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