Prosecution Insights
Last updated: July 17, 2026
Application No. 18/460,193

FACE ENGAGING STRUCTURE

Non-Final OA §102§103
Filed
Sep 01, 2023
Priority
Sep 06, 2022 — provisional 63/374,741
Examiner
CASTIAUX, BRENT D
Art Unit
2623
Tech Center
2600 — Communications
Assignee
Apple Inc.
OA Round
3 (Non-Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
449 granted / 540 resolved
+21.1% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
15 currently pending
Career history
557
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
84.7%
+44.7% vs TC avg
§102
11.0%
-29.0% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 540 resolved cases

Office Action

§102 §103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09 June 2026 has been entered in which claims 1, 2, 4, 8-12, 15, 17, 21, and 32-35 are amended. Claims 1-40 are currently pending and an office action the on merits follows. 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. Claims 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 2020/0233453 by Hatfield et al. (“Hatfield”). As to claim 17, Hatfield discloses a wearable apparatus (Hatfield, head-mounted display 100 (HMD), Figure 1A) comprising: a display frame (Hatfield, display unit 110, Figure 1A) housing a display (Hatfield displays 112, Figure 1B); a facial interface (Hatfield, facial interface 530 which includes the peripheral structure 536 and head support 120, Figures 5A-5D) comprising a flexure portion (Hatfield, The peripheral structure 536 may be a singular structure, which is configured to flex about the supports 538. ¶ [0059]) and a solid portion (Hatfield, The head support 120 is coupled to the display unit 110 to support the display unit 110 on the head H of the user. Figure 1A, ¶ [0043]), the flexure portion having a different flexibility than the solid portion (Hatfield, The head support 120 may be adjustable in size, so as to accommodate to different sizes and/or shapes of heads H of users, for example, including elastically and/or mechanically expanding bands or other structures. ¶ [0043]); and a connector (Hatfield, supports 538, Figures 5A-5D) between the display frame and the facial interface, the facial interface being translatable and rotatable via the connector and the flexure portion (Hatfield, The supports 538 couple the peripheral structure 536 to the chassis 114 of the display unit 110, such that the peripheral structure 536 is spaced apart from the chassis 114 to be movable (e.g., pivotable) relative thereto. The supports 538 may include or form a pivot joint with the peripheral structure 536 and/or the chassis 114 of the display unit 110, such as a pivot hinge, a living hinge, a ball and socket joint, or other suitable pivoting mechanism. Figures 5A-5D, ¶ [0060]), and a strap connected to the display frame (Hatfield, The head support 120 is coupled to the display unit 110 to support the display unit 110 on the head H of the user. For example, the head support 120 may include one or more bands (e.g., straps) that are coupled to opposite sides (e.g., left and right sides) of the chassis 114 and extend around sides of the head H of the user. Figure 1A, ¶ [0043]). As to claim 18, Hatfield discloses the wearable apparatus wherein the facial interface comprises an elastomer material (Hatfield, For example, the peripheral structure 536 may be formed from metal, polymer, or combination thereof (e.g., elastomer or plastic overmolded or coupled to one or more thin metal components). ¶ [0059]). As to claim 19, Hatfield discloses the wearable apparatus wherein the facial interface comprises: a first shot composed of a first material; and a second shot composed of a second material that differs from the first material, wherein the first material comprises the elastomer material (Hatfield, For example, the peripheral structure 536 may be formed from metal, polymer, or combination thereof (e.g., elastomer or plastic overmolded or coupled to one or more thin metal components). ¶ [0059]). Hatfield teaches an elastomer overmolded with a thin metal for the peripheral structure 536. The first shot is the elastomer overmold and the second shot is the thin metal component. As to claim 20, Hatfield discloses the wearable apparatus wherein the connector comprises a compliant mechanism (Hatfield, The supports 538 are coupled the peripheral structure 536 to the display unit 110 and form joints about which the internal force distributor 534 (e.g., the peripheral structure 536) is pivotable to convert the forward F f o r w a r d into the inward force F i n w a r d and to convert the forward movement into the inward movement. Figures 5A-5C, ¶ [0057]). Inventorship This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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 21-31 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2020/0233453 by Hatfield et al. (“Hatfield”) in view of U.S. Pub. No. 2018/0239151 by Chang et al. (“Chang”). As to claim 21, Hatfield discloses a head-mountable device (Hatfield, head-mounted display 100 (HMD), Figure 1A), comprising: a display (Hatfield displays 112, Figure 1B) comprising a display frame (Hatfield, display unit 110, Figure 1A), a facial interface (Hatfield, facial interface 530 which includes the peripheral structure 536, Figures 5A-5D); and a connector (Hatfield, supports 538, Figures 5A-5D) positioned between the display frame and the facial interface (Hatfield, The supports 538 couple the peripheral structure 536 to the chassis 114 of the display unit 110, such that the peripheral structure 536 is spaced apart from the chassis 114 to be movable (e.g., pivotable) relative thereto. The supports 538 may include or form a pivot joint with the peripheral structure 536 and/or the chassis 114 of the display unit 110, such as a pivot hinge, a living hinge, a ball and socket joint, or other suitable pivoting mechanism. Figures 5A-5D, ¶ [0060]). Hatfield does not expressly teach the display frame defining a relief within a periphery of the display frame; Chang teaches a head-mounted display device wherein the display frame (Chang, annular piece 120 of a head-mounted display device 100, Figures 1-3B) defining a relief (Chang, compression portions 122, Figures 1-3B) within a periphery of the display frame; As shown in figure 2 of Chang, the compression portions 122 are on the periphery of the frame which have openings in the honeycomb-shaped hollow structures. At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Hatfield’s display unit frame to include Chang’s compression portions in the HMD frame because such a modification is taught, suggested, or motivated by the art. More specifically, the motivation to modify Hatfield to include Chang is expressly provided by Chang, stating that the compression portions and rotating portions assist in blocking external light (Chang, when the user is wearing the head-mounted display device 100, as the pair of rotating portions 124 are rotated by the user's face applying an external force to the pair of compressing portions 122, the pair of rotating portions 124 fit the peripheral region of the user's eyes and thereby effectively block the external ambient light form entering the head-mounted display device 100, so that the user obtains a better experience. ¶ [0023]). Therefore, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention to modify Hatfield’s display unit frame to include Chang’s compression portions in the HMD with the motivation of improving the viewing properties. The person of ordinary skill in the art would have recognized the benefit of blocking the external light while using the HMD. Thus, Hatfield, as modified by Chang, teaches the compression portions providing a relief on the periphery of the display frame. As to claim 22, Hatfield, as modified by Chang, teaches the head-mountable device wherein the relief comprises a lozenge-shaped thru-hole in the display frame (Chang, compression portions 122, Figures 1-3B). In addition, the motivation used is the same as in the rejection of claim 21. As to claim 23, Hatfield, as modified by Chang, teaches the head-mountable device wherein the relief comprises a cored-out portion of the display frame (Chang, compression portions 122, Figures 1-3B). In addition, the motivation used is the same as in the rejection of claim 21. As to claim 24, Hatfield, as modified by Chang, teaches the head-mountable device wherein the relief comprises an array of dimples or thru-holes (Chang, compression portions 122, Figures 1-3B). In addition, the motivation used is the same as in the rejection of claim 21. As to claim 25, Hatfield, as modified by Chang, teaches the head-mountable device further comprising a stiffener member (Hatfield, lateral stabilizers 540, Figure 5A-5C) positioned between the display frame and the facial interface (Hatfield, The lateral stabilizers 540 (depicted schematically) transfer force between the side segments 536b of the peripheral structure 536 and the display unit 110 directly or indirectly (e.g., via intervening structure, such as a backing plate of the facial interface 530). Figures 5A-5C, ¶ [0063]). As to claim 26, Hatfield, as modified by Chang, teaches the head-mountable device wherein the connector (Hatfield, supports 538, Figures 5A-5D) couples the display frame and the stiffener member to the facial interface (Hatfield, the lateral stabilizer 540 may be provided with or otherwise incorporated into the supports 538 to controlling angular displacement between the side portion 130b and the display unit 110. ¶ [0063]). As to claim 27, Hatfield, as modified by Chang, teaches the head-mountable device wherein the display frame comprises: a first frame shell (Hatfield, thin metal component) comprising a first material defining a pocket in a first surface (Hatfield, For example, the peripheral structure 536 may be formed from metal, polymer, or combination thereof (e.g., elastomer or plastic overmolded or coupled to one or more thin metal components). ¶ [0059]); and a second frame shell (Hatfield, elastomer overmold) comprising a second material, the second frame shell being coupled to the first frame shell over the pocket, and the second material being different than the first material (Hatfield, For example, the peripheral structure 536 may be formed from metal, polymer, or combination thereof (e.g., elastomer or plastic overmolded or coupled to one or more thin metal components). ¶ [0059]). Hatfield teaches an elastomer overmolded with a thin metal for the peripheral structure 536. The first frame shell is the thin metal component and the second frame shell is the elastomer overmold. As to claim 28, Hatfield, as modified by Chang, teaches the head-mountable device wherein the display frame comprises: a metal portion (Hatfield, thin metal component); and an overmolding that envelops the metal portion (Hatfield, For example, the peripheral structure 536 may be formed from metal, polymer, or combination thereof (e.g., elastomer or plastic overmolded or coupled to one or more thin metal components). ¶ [0059]). Hatfield teaches an elastomer overmolded with a thin metal for the peripheral structure 536. As to claim 29, Hatfield, as modified by Chang, teaches the head-mountable device further comprising a connector support area of the display frame, the connector support area comprising a reinforcement material (Hatfield, For example, the peripheral structure 536 may be formed from metal, polymer, or combination thereof (e.g., elastomer or plastic overmolded or coupled to one or more thin metal components). ¶ [0059]). The connector support area is the peripheral structure 536 which includes a thing metal component and elastomer overmold as the reinforcement material. As to claim 30, Hatfield, as modified by Chang, teaches the head-mountable device wherein the connector support area is devoid of the relief (Hatfield, For example, the peripheral structure 536 may be formed from metal, polymer, or combination thereof (e.g., elastomer or plastic overmolded or coupled to one or more thin metal components). ¶ [0059]). As shown in figures 5A-5C of Hatfield, there are no relief areas in the peripheral structure 536. Chang teaches the reliefs as being on the top and bottom of the frame and not in the connector support area. In addition, the motivation used is the same as in the rejection of claim 21. As to claim 31, Hatfield, as modified by Chang, teaches the head-mountable device wherein the connector (Hatfield, supports 538, Figures 5A-5D) includes at least one of a zygoma connector positioned at a zygoma location on a face, a maxilla connector positioned at a maxilla location on the face, and a forehead connector positioned at a forehead location on the face (Hatfield, The supports 538 generally include two upper supports 538a and two lower supports 538b, which are spaced apart laterally. Figure 5A, ¶ [0058]). As shown in figures 1A and 5A of Hatfield, the supports 538 are at the zygoma, maxilla, and forehead locations of the face. Allowable Subject Matter Claims 1-16 and 32-40 are allowed. The following is an examiner’s statement of reasons for allowance: As to independent claim 1, Hatfield (U.S. Pub. No. 2020/0233453) discloses an apparatus (Hatfield, head-mounted display 100 (HMD), Figure 1A), comprising: a display (Hatfield, display unit 110, Figure 1A); a facial interface (Hatfield, facial interface 530 which includes the peripheral structure 536, Figures 5A-5D); a moveable connector (Hatfield, supports 538, Figures 5A-5D) disposed between the display and the facial interface, the facial interface being translatable and rotatable relative to the display via the connector (Hatfield, The supports 538 couple the peripheral structure 536 to the chassis 114 of the display unit 110, such that the peripheral structure 536 is spaced apart from the chassis 114 to be movable (e.g., pivotable) relative thereto. The supports 538 may include or form a pivot joint with the peripheral structure 536 and/or the chassis 114 of the display unit 110, such as a pivot hinge, a living hinge, a ball and socket joint, or other suitable pivoting mechanism. Figures 5A-5D, ¶ [0060]); and a strap (Hatfield, head support 120, Figure 1A) connected to the apparatus (Hatfield, head-mounted display 100 (HMD), Figure 1A). Hatfield does not expressly disclose a moveable connector disposed between the display and the facial interface, the facial interface translates and rotates relative to the display via the moveable connector and flexes, about the moveable connector, to conform to a face topography; Pickett (U.S. Patent No. 10,228,727) teaches adjustable arms in a head-mounted display system including a moveable connector (Pickett, As illustrated in FIG. 3, the interlink 201 of the adjustable arm 205 is attached at its back end to the front end of the back end assembly link 203 of the adjustable arm 205 in a rotatable manner, allowing the interlink 201 to rotate about a center of the bolt 112 as its fixed axis. Figure 3, Column 3, Rows 5-10) disposed between the display and the facial interface, the facial interface translates and rotates relative to the display via the moveable connector (Pickett, The front end assembly 115 comprises the front portion of the HMD 100 and includes cameras 101, a front visor 103, and two eye cones 107… The eye cones 107 are configured with two lenses positioned in front of the viewing user's eyes allowing the user to view through the eye cones 107 at two display panels located on the back of the front visor 103. Figure 1, Column 2, Rows 29-46), At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Hatfield’s head-mounted display to include Pickett’s HMD adjustable arm because such a modification is taught, suggested, or motivated by the art. More specifically, the motivation to modify Hatfield to include Pickett is expressly provided by Pickett, stating that the adjustable arm allows the user to adjust the front end assembly into a position that provides the greatest degree of eye relief (Picket, Abstract). Therefore, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention to modify Hatfield’s head-mounted display to include Pickett’s HMD adjustable arm with the motivation of improving the user comfort while using the HMD. The person of ordinary skill in the art would have recognized the benefit of providing eye relief to the user. Thus, Hatfield, as modified by Pickett, teaches the adjustable arm which may translate and rotate the display in relation to the facial interface. However, Hatfield, as modified by Pickett, does not expressly teach the facial interface translates and rotates relative to the display via the moveable connector and flexes, about the moveable connector, to conform to a face topography; The combination of Hatfield and Pickett teach the adjustable arms (moveable connector) to move the position of the displays and is incapable of flexing the facial interface to conform the user’s face as required by the cited limitations. In addition, no other prior art was found which teaches, alone or in combination, the cited limitations. As to dependent claims 2-7, these claims are allowable as they depend upon allowable independent claim 1. As to independent claim 8, Hatfield (U.S. Pub. No. 2020/0233453) discloses a head-mountable device (Hatfield, head-mounted display 100 (HMD), Figure 1A), comprising: a display (Hatfield, display unit 110, Figure 1A); a facial interface (Hatfield, facial interface 530 which includes the peripheral structure 536, Figures 5A-5D); and a first joint (Hatfield, supports 538, Figures 5A-5D) movably constraining the facial interface to the display at a forehead region on a face (Hatfield, The supports 538 couple the peripheral structure 536 to the chassis 114 of the display unit 110, such that the peripheral structure 536 is spaced apart from the chassis 114 to be movable (e.g., pivotable) relative thereto. The supports 538 may include or form a pivot joint with the peripheral structure 536 and/or the chassis 114 of the display unit 110, such as a pivot hinge, a living hinge, a ball and socket joint, or other suitable pivoting mechanism. Figures 5A-5D, ¶ [0060]); and Hatfield does not expressly disclose a set of joints of different types disposed between the display and the facial interface and around the periphery of the facial instance, the set of joints comprising: a second joint movably constraining the facial interface to the display at a zygoma region on the face, the second joint being of a different type than the first joint. Pickett (U.S. Patent No. 10,228,727) teaches adjustable arms in a head-mounted display system including a second joint (Pickett, As illustrated in FIG. 3, the interlink 201 of the adjustable arm 205 is attached at its back end to the front end of the back end assembly link 203 of the adjustable arm 205 in a rotatable manner, allowing the interlink 201 to rotate about a center of the bolt 112 as its fixed axis. Figure 3, Column 3, Rows 5-10) movably constraining the facial interface to the display at a zygoma region on the face, the second joint being of a different type than the first joint (Pickett, The front end assembly 115 comprises the front portion of the HMD 100 and includes cameras 101, a front visor 103, and two eye cones 107… The eye cones 107 are configured with two lenses positioned in front of the viewing user's eyes allowing the user to view through the eye cones 107 at two display panels located on the back of the front visor 103. Figure 1, Column 2, Rows 29-46). At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Hatfield’s head-mounted display to include Pickett’s HMD adjustable arm because such a modification is taught, suggested, or motivated by the art. More specifically, the motivation to modify Hatfield to include Pickett is expressly provided by Pickett, stating that the adjustable arm allows the user to adjust the front end assembly into a position that provides the greatest degree of eye relief (Picket, Abstract). Therefore, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention to modify Hatfield’s head-mounted display to include Pickett’s HMD adjustable arm with the motivation of improving the user comfort while using the HMD. The person of ordinary skill in the art would have recognized the benefit of providing eye relief to the user. Thus, Hatfield, as modified by Pickett, teaches the adjustable arm which may be a connecting joint to the display in relation to the facial interface. However, Hatfield, as modified by Pickett, still does not expressly teach a set of joints of different types disposed between the display and the facial interface and around the periphery of the facial instance, In addition, no other prior art was found which teaches, alone or in combination, the cited limitations. As to dependent claims 9-16, these claims are allowable as they depend upon allowable independent claim 8. As to independent claim 32, Hatfield (U.S. Pub. No. 2020/0233453) discloses a wearable apparatus (Hatfield, head-mounted display 100 (HMD), Figure 1A) comprising: a display frame (Hatfield, display unit 110, Figure 1A); a facial interface (Hatfield, facial interface 530 which includes the peripheral structure 536, Figures 5A-5D); Hatfield continues to teach stiffening members (Hatfield, lateral stabilizers 540, Figure 5A-5C) between the display frame and the facial interface(Hatfield, The lateral stabilizers 540 (depicted schematically) transfer force between the side segments 536b of the peripheral structure 536 and the display unit 110 directly or indirectly (e.g., via intervening structure, such as a backing plate of the facial interface 530). Figures 5A-5C, ¶ [0063]). Hatfield does not expressly disclose a hoop stiffener member positioned between the display frame and the facial interface and aligning with a periphery of the display frame; a connector, disposed between the hoop stiffener member and the display frame and coupling the display frame and the hoop stiffener member to the facial interface. Pickett (U.S. Patent No. 10,228,727) teaches adjustable arms in a head-mounted display system including a connector (Pickett, As illustrated in FIG. 3, the interlink 201 of the adjustable arm 205 is attached at its back end to the front end of the back end assembly link 203 of the adjustable arm 205 in a rotatable manner, allowing the interlink 201 to rotate about a center of the bolt 112 as its fixed axis. Figure 3, Column 3, Rows 5-10), disposed between the hoop stiffener member and the display frame and coupling the display frame and the hoop stiffener member to the facial interface (Pickett, The front end assembly 115 comprises the front portion of the HMD 100 and includes cameras 101, a front visor 103, and two eye cones 107… The eye cones 107 are configured with two lenses positioned in front of the viewing user's eyes allowing the user to view through the eye cones 107 at two display panels located on the back of the front visor 103. Figure 1, Column 2, Rows 29-46). The combination of Hatfield and Pickett teaches the lateral stabilizers (stiffener member) on the facial interface and adjustable arms (connector) between the lateral stabilizers and the display frame. At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Hatfield’s head-mounted display to include Pickett’s HMD adjustable arm because such a modification is taught, suggested, or motivated by the art. More specifically, the motivation to modify Hatfield to include Pickett is expressly provided by Pickett, stating that the adjustable arm allows the user to adjust the front end assembly into a position that provides the greatest degree of eye relief (Picket, Abstract). Therefore, it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the invention to modify Hatfield’s head-mounted display to include Pickett’s HMD adjustable arm with the motivation of improving the user comfort while using the HMD. The person of ordinary skill in the art would have recognized the benefit of providing eye relief to the user. Thus, Hatfield, as modified by Pickett, teaches the adjustable arm which may be a connecting joint between the display and the facial interface. However, Hatfield, as modified by Pickett, still does not expressly teach a hoop stiffener member positioned between the display frame and the facial interface and aligning with a periphery of the display frame; In addition, no other prior art was found which teaches, alone or in combination, the cited limitations. As to dependent claims 33-35, these claims are allowable as they depend upon allowable independent claim 32. As to independent claim 36, Hatfield (U.S. Pub. No. 2020/0233453) discloses an apparatus (Hatfield, head-mounted display 100 (HMD), Figure 1A) comprising: a wearable display (Hatfield, head-mounted display 100 (HMD), Figure 1A); a display frame (Hatfield, display unit 110, Figure 1A) attached to the wearable display (Hatfield, head-mounted display 100 (HMD), Figure 1A), Hatfield does not expressly disclose the display frame comprising: a first frame shell comprising a first material defining a pocket in a first surface; and a second frame shell comprising a second material, the second frame shell being coupled to the first frame shell over the pocket, and the second material being different than the first material. Examiner found the remarks, filed on 24 February 2026, persuasive. Applicant’s representative asserts that the cited prior art of Hatfield does not expressly disclose the pockets and the frame shells as claimed. Examiner agreed and withdraws the rejection for these limitations. In addition, no other prior art was found which teaches, alone or in combination, the cited limitations. As to dependent claims 37-40, these claims are allowable as they depend upon allowable independent claim 36. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Response to Arguments The prior 35 USC 112(b) rejection of claims 9-12 and 15 is withdrawn due to the correcting amendments. Applicant’s arguments with respect to claims 21-31 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. Applicant's arguments filed 21 May 2026 have been fully considered but they are not persuasive. Applicant’s representative asserts, in pages 11 and 12 of remarks, Hatfield does not teach the amended independent claim 17. Specifically, claim 17 recites “a facial interface comprising a flexure portion and a solid portion, the flexure portion having a different flexibility than the solid portion” and “a strap connected to the display frame.” Applicant’s representative asserts that the head support 120, of Hatfield, is not part of the facial interface and this head support 120 cannot teach “a strap connected to the display frame” and a separate “facial interface comprising a flexure portion and a solid portion, the flexure portion having a different flexibility than the solid portion.” The Office respectfully disagrees with this assertion and submits the rejection above. Hatfield teaches the facial interface including a peripheral structure 536 and a head support 120. Hatfield also teaches the head support 120 as a strap connected to the display frame. Nothing, in the claim or otherwise, precludes the same head support 120 from being both part of the facial interface and the strap connected to the display frame. Thus, Hatfield does teach claim 17. Applicant’s representative asserts the claims are allowable and a notice of allowance should be sent. The Office respectfully disagrees with this assertion and submits the rejection and response above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pub. No. 2021/0349322 by Harris et al. teaches a wearable near-to-eye vision system which includes an upper cover of the frame which has vented openings. U.S. Patent No. 10,863,637 by Pickett et al. teaches a head-mounted display device which includes a facial interface and display housing. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT D CASTIAUX whose telephone number is (571)272-5143. The examiner can normally be reached Mon-Fri 7:30 AM- 4:00 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, Chanh Nguyen can be reached at (571)272-7772. 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. /BRENT D CASTIAUX/Primary Examiner, Art Unit 2623
Read full office action

Prosecution Timeline

Show 4 earlier events
Feb 24, 2026
Response Filed
Mar 23, 2026
Final Rejection mailed — §102, §103
Apr 22, 2026
Applicant Interview (Telephonic)
Apr 22, 2026
Examiner Interview Summary
May 21, 2026
Response after Non-Final Action
Jun 09, 2026
Request for Continued Examination
Jun 14, 2026
Response after Non-Final Action
Jul 01, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
83%
Grant Probability
98%
With Interview (+15.4%)
2y 0m (~0m remaining)
Median Time to Grant
High
PTA Risk
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