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 Arguments
Applicant’s arguments with respect to claim(s) 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/26/2026 and 04/22/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakabayashi et al (pub # 20090128450) in view of Lee et al (WO 2021/137766 A1).
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.).
Nakabayashi et al does not specifically disclose a fabric with a pocket; and a stiffener in the pocket. However Lee et al in at least Figs. 3a-2 and 4a-2 as well as paragraph 0589 discloses a head mounted device comprising a plurality of straps 38, 40, and 48 including a stiffener 13900. Paragraph 0418 discloses that the straps may be an elastomer/fabric. Paragraph 0130 discloses that the stiffener is sewn into the straps, thus the straps comprising a pocket with the stiffener in the pocket.
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 stiffener of Lee et al with the head mounted device of Nakabayashi et al in order to maintain a length of at least a portion of the at least one strap (Lee et al paragraph 0129).
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.”
Conclusion
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
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