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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/08/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant's arguments filed 12/10/2025 have been fully considered but they are not persuasive. With regards to independent claim 20 Applicant argues that the previously cited reference Nakabayashi does not teach or render obvious the newly amended claim limitation “wherein an entirety of the stretchable portion is configured to extend across a rear of the head”. Examiner respectfully disagrees as Nakabayashi in at least paragraph 0025 discloses “an elastic accordion-like elevating tube 22 is connected to the frame 21, so as to surround the occipital region from the temporal region”. Given broadest reasonable interpretation the portion of the user’s head from the temporal region to the occipital region can read on “a rear of the head”. As can be seen from Figs. 1, 2, and 4 and entirety of the tube 22 extends across the rear (temporal region to occipital region) of the user’s head. Therefore the rejection of claim 20 is sustained.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 20 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakabayashi et al (pub # 20090128450).
Consider claim 20. Nakabayashi et al teaches A head-mounted device support configured to couple to a head-mounted device housing and to support the head-mounted device housing on a head, (Figs. 1 and 2 as well as abstract, A head-mounted device for mounting on the head of a user includes a first pressing member for pressing a first portion of the head from a first direction; a second pressing member for pressing a second portion of the head from a second direction that is different from the first direction; a string member that concatenates the first pressing member and the second pressing member; a structure that guides the string member so that the first and the second pressing members move in the first and the second directions, respectively, according to changes in the length of the string member; and an adjusting unit that adjusts the length of the string member.).
the head-mounted device support comprising:
first and second non-stretchable portions; (Figs. 1 and 2 a well as paragraphs 0025 and 0026, adjusting unit 4 and pulley 23 disposed on right and left sides of the frame 21).
a stretchable portion between the first and second non-stretchable portions (Figs 1 and 2 as well as paragraph 0025, an elastic accordion-like elevating tube 22 is connected to the frame 21, so as to surround the occipital region from the temporal region. Paragraph 0030, the elevating tube 22 contracts, moving the occipital region pad 52 in the direction toward the head, thus the elevating tube 22 is stretchable).
that is configured to pull the first and second non-stretchable portions together when stretched; (Fig. 6 and paragraph 0030, right and left sides of the frame 21 are pulled together towards the user’s head when tension is applied to the elevating tube 22).
wherein an entirety of the stretchable portion is configured to extend across a read of the head; (Figs 1 and 2 as well as paragraph 0025, an elastic accordion-like elevating tube 22 is connected to the frame 21, so as to surround the occipital region from the temporal region. Paragraph 0030, the elevating tube 22 contracts, moving the occipital region pad 52 in the direction toward the head, thus the elevating tube 22 is stretchable).
a loop of cable that is received within a channel in the stretchable portion; (Figs. 1 and 2 as well as paragraph 0025, The wire 31 has a strength that endures tensions generated upon pressing the head with each pad (described later). Although a metal wire is used in this embodiment, for example, strings or threads may also be used, thus a cable. Fig. 2, the wire 31 is disposed through the elevating tube 22, thus a channel in the stretchable portion).
and an adjustable cable tensioning mechanism that is configured to adjust the loop of cable to pull the first and second non-stretchable portions together with an adjustable amount of cable tension in addition to pulling the first and second non-stretchable portions together with the stretchable portion when stretched. (Fig. 6 and paragraph 0030, When the adjusting dial 41 is rotated in direction E, the wire 31 is wound by the movement of the connecting portion A, thus shortening the length of the wire 31 at the contour of the head. Thus, the elevating tube 22 contracts, moving the occipital region pad 52 in the direction toward the head. Moreover, at the parietal region, as the wire 31 moves downward, the parietal region pad 53 moves in the direction toward the head.).
Consider claim 21. Nakabayashi et al further teaches The head-mounted device defined in claim 20 wherein the stretchable portion has a first longitudinal stiffness, (paragraph 0025, elastic accordion-like elevating tube 22, thus the tube 22 having a first longitudinal stiffness).
wherein the cable in the loop of cable has a second longitudinal stiffness, (paragraph 0025, metal wire, thus the cable having a second longitudinal stiffness).
and wherein the second longitudinal stiffness is greater than the first longitudinal stiffness. (paragraph 0025, the stiffness of the metal wire is greater than the stiffness of the elastic tube 22).
Allowable Subject Matter
Claims 1 and 3-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Consider independent claim 1. The prior art of record does not teach or render obvious “An adjustable-tension headband operable with a head-mounted device housing having displays configured to display images to eye boxes, the adjustable-tension headband comprising a stretchable portion that is configured to create headband tension when stretched, wherein the stretchable portion comprises stretchable fabric; and an adjustable-tension cable configured to create headband tension, wherein the stretchable fabric and the adjustable-tension cable are operable in: a stretch fabric tensioned mode in which headband tension is provided by stretching the stretchable fabric while the adjustable-tension cable does not provide headband tension; and a cable-tensioned mode in which headband tension is provided by tensioning the adjustable-tension cable.”
Consider independent claim 19. The prior art of record does not teach or render obvious “A head-mounted device headband operable with a head-mounted device housing containing a display, comprising: a first end portion configured to couple to a first side of the head-mounted device housing; a second end portion configured to couple to an opposing second side of the head-mounted device housing; a stretchable fabric portion extending between the first and second end portions, wherein the stretchable fabric portion comprises an upper edge and a lower edge; a cable extending between the first and second end portions, wherein a first segment of the cable runs along the upper edge, and a second segment of the cable runs along the lower edge; and a cable tensioning mechanism configured to adjust tension in the cable.”
Claim 22 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Consider claim 22. The prior art of record does not teach or render obvious “The head-mounted device support defined in claim 20 further comprising: a fabric with a pocket; and a stiffener in the pocket.”
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 CHAYCE R BIBBEE whose telephone number is (571)270-7222. The examiner can normally be reached Mon-Thurs 8:00-6:00.
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/CHAYCE R BIBBEE/Examiner, Art Unit 2624
/MATTHEW A EASON/Supervisory Patent Examiner, Art Unit 2624