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 .
Status of Claims
Claims 1-20 are pending and currently under consideration for patentability.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Samec (US 20170000331 A1) in view of Narkiss (US 20210022608 A1).
Regarding Claim 1, Samec teaches wearable device comprising: a main frame (64)( paragraph [1430] ) configured to be mounted on a user’s body( paragraph [1430]);
an image display module (62) on the main frame and configured to display an image (paragraph [0236-0238];
a lens frame on an image display surface of the image display module, the lens frame being configured to refract image display light emitted from the image display module (paragraph [1458]);
a multi-channel lens (paragraph [1447]) forming an emission path of the image display light refracted by the lens frame for each of a plurality of channels (paragraph [1447]); and
an eyeball protection module on the main frame and configured to spray air, moisture, or a tear solution to the user’s left and right eyes (paragraph [1831]).
Samec fails to teach wherein the eyeball protection module comprises first and second spray driving units, the first and second spray driving units being on the main frame, and wherein the first and second spray driving units comprise a storage capsule for storing the air, water, or tear solution. Narkiss teaches wherein the eyeball protection module comprises first and second spray driving units, the first and second spray driving units being on the main frame, and wherein the first and second spray driving units comprise a storage capsule for storing the air, water, or tear solution (paragraph [0019][0079]). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Samec wherein the eyeball protection module comprises first and second spray driving units, the first and second spray driving units being on the main frame, and wherein the first and second spray driving units comprise a storage capsule for storing the air, water, or tear solution, similar to Narkiss in order to keep the eyes fresh and medicated.
Regarding Claim 2, Samec in view of Narkiss teaches the wearable device of claim 1. Samec further teaches wherein the eyeball protection module comprises:
first and second blink sensing units configured to sense blink motions of the user’s left and right eyes in real time and to generate and outputting blink sensing signals of the user’s left and right eyes (paragraph [2126]);
first and second temperature detection units configured to sense temperatures of the user’s left and right eyes in real time and to output temperature sensing signals of the user’s left and right eyes (paragraph [1735]);
first and second spray driving units (atomizer, [2123]) configured to spray the air, water, or tear solution to the user’s left and right eyes to induce user’s blink motions (paragraph [2126]);; and
a blink control unit (liquidation of eye, 2126) on figured to control spray driving of the first and second spray driving units based on at least one of the blink sensing signals of the user’s left and right eyes (paragraph [2126]) and the temperature sensing signals for the user’s left and right eyes (paragraph [2127]).
Regarding Claim 3, Samec in view of Narkiss teaches the wearable device of claim 2. Samec further teaches wherein the first and second blink sensing unit comprise:
an image sensor configured to capture images of the user’s left and right eyes in real time (paragraph [1820]);
an image analyzer configured to compare the captured eyeball images with each other in units of at least one frame and to detect eyelid images as a comparison result [1834]; and
a blink sensing signal output unit configured to generate blink sensing signals according to the detection of the eyelid images and to supply the blink sensing signals to the blink control unit (liquidation of eye) (end of paragraph [0185]).
Regarding Claim 4, Samec in view of Narkiss teaches the wearable device of claim 2. Samec further teaches wherein the first and second temperature detection units comprise:
a contactless thermometer configured to sense the temperatures of the user’s left and right eyes in real time (paragraph [1735]); and
an analog-to-digital converter [2212] configured to transmit the temperature sensing signals corresponding to the sensed temperatures of the user’s left and right eyes to the blink control unit [2212].
Regarding Claim 5, Samec in view of Narkiss teaches the wearable device of claim 2. Samec further teaches wherein the first and second spray driving units (atomizer, [2123]) comprise:
a storage capsule (medication container, 23) for storing the air, water, or tear solution [1447] ; and
a spray pump (atomizers contain pumps, [1447]) configured to spray the air, water, or tear solution to the user’s left and right eyes during a period in which a spray control signal is input from the blink control unit [1447-1448] .
Regarding Claim 6, Samec in view of Narkiss teaches the wearable device of claim 2. Samec further teaches wherein the blink control unit is configured to:
detect a number of inputs of the blink sensing signals of the user’s left and right eyes in units of a reference time [2121];
compare the number of inputs of the blink sensing signals for each reference time unit with a reference value for each reference time ([1739] ); and when the number of inputs of the blink sensing signals for each reference time unit is determined to be smaller than the reference value for each reference time, transmit spray control signals to the first and second spray driving units [2126].
`Regarding Claim 7, Samec in view of Narkiss teaches the wearable device of claim 6. Samec further teaches wherein, when the number of inputs of the blink sensing signals for each reference time unit is determined to be smaller than the reference value for each reference time unit [1828], the blink control unit is configured to transmit an eyeball protection operation execution notification message to a display control unit of the image display module to allow the eyeball protection operation execution notification message to be displayed on a display panel of the image display module [1828] .
` Regarding Claim 8, Samec in view of Narkiss teaches the wearable device of claim 2. Samec further teaches wherein the blink control unit is configured to:
receive the temperature sensing signals of the user’s left and right eyes in real time through the first and second temperature detection units (paragraph [1735]);
detect temperature values of the user’s left and right eyes corresponding to the temperature sensing signals of the user’s left and right eyes using a memory or a register (paragraph [1735]);
compare the temperature values of the user’s left and right eyes with a threshold temperature value [[1735] ] ; and
when the temperature values of the user’s left and right eyes is greater than the threshold temperature value, transmit spray control signals to the first and second spray driving units [2127] .
Regarding Claim 9, Samec in view of Narkiss teaches the wearable device of claim 2. Samec further teaches wherein the eyeball protection module further comprises a use time detection unit ([2126: unit to determine frequency of blinking] ) configured to monitor an image display period of a display panel in the image display module and to accumulate and output information on a gaze period during (times blinked in time period threshold) which a user gazes at a displayed image [2126] [1464] [1805] , and wherein the blink control unit is configured to:
receive the accumulated information on the gaze period during which the user gazes at the displayed image from the use time detection unit and compare the information on the gaze period of the user with use time reference information for each step [1886]; and
when the information on the gaze period of the user is the same as the use time reference information for each step, transmit spray control signals to the first and second spray driving unit [1831].
Regarding Claim 10, Samec in view of Narkiss teaches the wearable device of claim 2. Samec further teaches wherein the lens frame comprises first and second lens frames respectively corresponding to positions of the user’s left and right eyes (paragraph [1458]), and wherein the first and second lens frames are configured to refract the image display light emitted from the image display surface of the image display module in a front direction at an angle in an outer direction or an outer circumferential direction as compared with the front direction and to emit the refracted image display light to rear surfaces of first and second multi-channel lenses, respectively (paragraph [1458]).
Regarding Claim 11, Samec in view of Narkiss teaches the wearable device of claim 10. Samec further teaches wherein the multi-channel lens comprises first and second multi-channel lenses respectively corresponding to the first and second lens frames [2017], and wherein the first and second multi-channel lenses are configured to pass the image display light refracted by the first and second multi-channel lenses through different emission paths along the plurality of channels and to transfer the image display light in a user’s eyeball disposition direction through a panel of the different emission paths [2017].
Regarding Claim 12, Samec in view of Narkiss teaches the wearable device of claim 2. Samec further teaches wherein each of the first and second lens frames comprises: a lens sheet having an area and a shape corresponding to the image display surface of the image display module [1501]; and a plurality of optical lenses on a front surface of the lens sheet and configured to refract the image display light passing through the lens sheet in an outer direction or an outer circumferential direction of the lens sheet and to emit the refracted image display light [1501] [2017].
Regarding Claim 13, Samec teaches a wearable device comprising: a main frame (64) supporting a transparent lens (paragraph [1458]);
an image display module (display attached to frame) configured to display an augmented reality content through the transparent lens (paragraph [0235]); and
an eyeball protection module on the main frame and configured to spray air, water, or tear solution to user’s left and right eyes (paragraph [1831]).
Regarding Claim 14, Samec teaches wearable device of claim 13. Samec further teaches wherein the image display module comprises:
an image display device(frame display [0009]) assembled to at least one side of the main frame or formed integrally with the main frame and configured to display an augmented reality content image [1508]; and
an image transmission member ( frame display [0009]) configured to transmit the augmented reality content image to the transparent lens [1682], and wherein the augmented reality content image is displayed through reflective members formed in the image transmission member and the transparent lens [1682].
Regarding Claim 15, Samec teaches wearable device of claim 14. Samec further teaches wherein the image display device comprises:
a partition wall partitioned in a matrix structure on a substrate (figure 4D);
a plurality of light emitting elements [1448], each in a plurality of emission areas arranged in the matrix structure partitioned by the partition wall and extending in a thickness direction of the substrate (figure 4D);
base resins in the plurality of emission areas comprising the plurality of light emitting elements [1448]; and
a plurality of optical patterns selectively on at least one of the plurality of emission areas [1448: any visuals displayed on display lense is a pattern ].
Regarding Claim 16, Samec in view of Narkiss teaches the wearable device of claim 15. Samec further teaches wherein the plurality of emission areas comprises first to third emission areas or first to fourth emission areas in the matrix structure in each pixel area [1448].
Regarding Claim 17, Samec in view of Narkiss teaches the wearable device of claim 13. Samec further teaches wherein the eyeball protection module comprises:
first and second blink sensing units (biological sensors) configured to sense blink motions of the user’s left and right eyes in real time and to generate and outputting blink sensing signals of the user’s left and right eyes (paragraph [2126]);
first and second temperature detection units [temp sensors, 1735]configured to sense temperatures of the user’s left and right eyes in real time and to output temperature sensing signals of the user’s left and right eyes (paragraph [1735]);
first and second spray driving units ((atomizer, [2123]) configured to spray the air, water, or tear solution to the user’s left and right eyes to induce user’s blink motions (paragraph [2126]);; and
a blink control unit (spray unit) configured to control spray driving of the first and second spray driving units based on at least one of the blink sensing signals of the user’s left and right eyes (paragraph [2126]) and the temperature sensing signals for the user’s left and right eyes (paragraph [2127]).
Regarding Claim 18, Samec in view of Narkiss teaches the wearable device of claim 17. Samec further teaches wherein the first and second blink sensing unit comprise:
an image sensor configured to capture images of the user’s left and right eyes in real time (paragraph [1820]);
an image analyzer [0733]configured to compare the captured eyeball images with each other in units of at least one frame and to detect eyelid images as a comparison result [1834]; and
a blink sensing signal output unit configured to generate blink sensing signals according to the detection of the eyelid images and to supply the blink sensing signals to the blink control unit (end of paragraph [0185]).
Regarding Claim 19, Samec in view of Narkiss teaches the wearable device of claim 17. Samec further teaches wherein the first and second temperature detection units comprise:
a contactless thermometer configured to sense the temperatures of the user’s left and right eyes in real time (paragraph [1735]); and
an analog-to-digital converter [[1444] [2212] configured to transmit the temperature sensing signals corresponding to the sensed temperatures of the user’s left and right eyes to the blink control unit [2212].
Regarding Claim 20, Samec in view of Narkiss teaches the wearable device of claim 17. Samec further teaches wherein the first and second spray driving units comprise:
a storage capsule (medication container, 23) for storing the air, water, or tear solution [1447] ; and
a spray pump (atomizers contain pumps, [1447]) configured to spray the air, water, or tear solution to the user’s left and right eyes during a period in which a spray control signal is input from the blink control unit [1447-1448] .
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 KATE ELIZABETH STRACHAN whose telephone number is (571)272-7291. The examiner can normally be reached M-F: 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached on (571)-270-5879. The fax phone number for the organization where this application or proceeding is assigned is (571)-270-5879.
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/KATE ELIZABETH STRACHAN/Examiner, Art Unit 3781
/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781