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 .
Claim Objections
Claims 11-13, 15-18, and 20 are objected to because of the following informalities: the claims are dependent upon “claim 0”. This appears to be a typographical error. For purposes of rejection on the merits, the examiner will rely upon the claim dependency recited in the previous claim listing (04/06/2026). Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-18 and 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1, 10, and 14, similarly recite, a respiration sensor contacting the bridge portion of the nose of the user. The specification lacks support for a respiration sensor contacting the bridge of the user’s nose. The specification details the interface contacting different parts of the user’s face (see specification paragraph 30), the respiration sensors placed in proximity to the nose of the user (see specification paragraphs 48-49), a nasal portion contacting a bridge of a nose (claim 1), and a nasal support (539) contacting the user’s nose, wherein the nasal support can include at least one sensor positioned to contact the nose (see specification paragraphs 62; Figs. 5). However, none of these are direct specifically to the “bridge” as recited. The applicant states that support is found throughout the specification drawings, and original claims (paragraphs 40, 66. 68; Figs. 3-7). The examiner fails to find support for the limitation in the cited portions of the specification or the drawings. Figs. 3-7 illustrate sensors positioned proximate the nose, however not the bridge of the nose as recited. For these reasons the claims are not supported by the specification and/or drawings. Claims 2-9, 11-13, 15-18, and 20 are rejected as being dependent on a rejected base claim.
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 of this title, 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 1-7, 9, 14-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Aimone (U.S. Pub. No. US 2018/0348863 A1), in view of Lewis (U.S. Patent No. US 10,962,789 B1), in view of Goodner (U.S. Pub. No. US 2021/0216099 A1), and further in view of Lin (U.S. Pub. No. US 2021/0361471 A1).
As to claim 1, Aimone (Figs. 1-44) teaches a head-mountable device (a wearable computing device 100; Fig. 1), comprising:
a frame (a frame of a head mounted display 110) (Fig. 1);
a display (a display) positioned in the frame (the frame of the head mounted display 110) (Figs. 1-2);
a processor (a processor; [0011], lines 7-9); and
a facial interface (a face pad 120) configured to be disposed between the display (the display) and a face of a user (a user) (Fig. 1) and to block ambient light (may function as a display isolator for reducing or eliminating visual stimuli from sources other than head mounted display 110; [0189], lines 1-3) (Fig. 2), the facial interface comprising:
a nasal portion configured to contact a nose of a user (a nose guard contact a nose of a user; [0206], lines 1-3) (Figs. 1 and 27); and
a respiration sensor (a breath sensor 160) electrically coupled to the processor (a processor for processing measurements form the sensors; [0147], lines 1-3) (Figs. 1 and 27), the respiration sensor (the breath sensor 160) configured to:
detect biometric information from in the nasal region (the portion covered by the nose guard) of the user (the bio-signal sensor used to detect breathing is a breath sensor, for example, breath sensor 160) ([0266], lines 10-11); and
generate a signal (a bio-signal) based on the biometric information (breathing) ([0266], lines 10-11).
Aimone does not expressly teach [the facial interface comprising:] a nasal portion configured to contact a bridge portion of a nose of a user; [a facial interface] magnetically connected to the frame; [a respiration sensor] removably coupled to the nasal portion of the facial interface.
Lewis teaches [the facial interface (eyewear frame 110; col. 11, lns 4-50; Fig. 1) comprising:] a nasal portion configured to contact a bridge portion of a nose of a user (portion of frame (11) connecting first and second lens (120a, b); col. 11, lines 44-50; Fig. 1); and [the respiration sensor (CO2 sensor) configured to:] contact the bridge portion of the nose of the user (microphone 132 or other vibration sensor measure breathing rate with one or more CO2 sensors; col. 18, lns; Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art to have a respiration sensor provided on the bridge of a nasal portion as taught by Lewis included on a wearable computing device of Aimone to provide close proximity to the user to detect breathing of the user and a secure fit for the wearable computing device.
Aimone and Lewis do not expressly teach [a facial interface] magnetically connected to the frame.
Goodner (Figs. 1-15) teaches [a facial interface (an interface frame 40)] magnetically (by the primary and tertiary magnets 72, 250, and the second and quintenary magnets 86, 254) connected to the frame (the housing 18 of the wearable visualization device 12) (the magnetic engagement between the primary and tertiary magnets 72, 250 and the second and quintenary magnets 86, 254 blocks the wearable visualization device 12 from disengaging (e.g., sliding off) the guest visualization device 14; [0062], lines 10-14) (Fig. 14).
Therefore, it would have been obvious to one of ordinary skill in the art to have used magnetic engagement as taught by Goodner in a wearable computing device of Aimone as modified by Lewis because the magnetic engagement blocks the wearable visualization device from disengaging (e.g., sliding off) the guest visualization device.
Aimone, Lewis, and Goodner do not expressly teach [a respiration sensor] removably coupled to the nasal portion of the facial interface.
Lin (Figs. 16-24) teaches [a respiration sensor (a breath sensor 70)] removably coupled to the nasal portion of the facial interface (the outer expansion portion 12) (the breath sensor 70 is fixed to the outer expansion portion 12 through the perforations 121; [0127], lines 14-15; it is well known in the art that a breath sensor can be attached to an outer part of a device through holes (perforations) in a housing by screws, clips or snap-fit) (Figs. 17).
Therefore, it would have been obvious to one of ordinary skill in the art to have used removable coupling as taught by Lin in a wearable computing device of Aimone as modified by Lewis and Goodner because removable coupling provides a user with maintenance, replacement, or cleaning with ease.
As to claim 2, Aimone teaches wherein: the respiration sensor (the breath sensor 160) transmits the signal to the processor (the processor for processing measurements form the sensors; [0147], lines 1-3) (Figs. 1 and 27);
the processor analyzes the signal (the sampled data may be analyzed by the wearable computing device in real-time or at a future predetermined time when not being worn by the user; [0144], lines 1-6); and
the processor causes the head-mountable device to perform an action in response to the signal (the at least one stimulus modality includes pressure and the at least one feedback modules includes a pressure transducer; the pressure transducer provides haptic feedback for the user; [0169], lines 1-7).
As to claim 3, Aimone teaches wherein the action comprises generating at least one of a visual feedback, an audio feedback, or a haptic feedback (the pressure transducer provides haptic feedback for the user; [0169], lines 6-7).
As to claim 4, Lewis teaches wherein the sensor (132j) comprises at least one of a camera, a carbon dioxide sensor, or an oxygen saturation sensor (microphone 132 or other sensors measure breathing rate with one or more CO2 sensors; col. 18, lns; Fig. 1).
As to claim 5, Aimone teaches wherein the processor determines a facial expression of the user based on the signal (a change of facial expressions of multiple avatars; [0279], lines 1-16).
As to claim 6, Goodner teaches wherein the facial interface is removably attached to the frame via a magnet (the magnets 72,86, 250, and 254, in conjunction with the support ribs 94 and the support grooves 100, may be configured to retain the wearable visualization device 12 in the engaged configuration 30 on the guest interface device 14 until the user manually removes the wearable visualization device 12 from the guest interface device 14; [0062], lines 25-31) (Fig. 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used removable attachment by magnets as taught by Goodner in a wearable computing device of Aimone as modified by Lewis and Lin because the removable attachment provides a user with maintenance, replacement, or cleaning with ease.
As to claim 7, Aimone teaches wherein the respiration sensor (the breath sensor 160) is removably attached to the facial interface (the face pad 120) ([0190], lines 1-4) (Fig. 2).
As to claim 9, Aimone, Lewis, Goodner, and Lin teach the head-mountable device of claim 1. Aimone also teaches further comprising
a retention band (a strap 111 (side one)) (Fig. 43).
Goodner also teaches wherein the facial interface (the guest interface device 14) comprises a connector (pivoting knobs 190) to attach to the retention band (the forward strap 44) (Fig. 10).
Therefore, it would have been obvious to one of ordinary skill in the art to have used pivoting knobs as taught by Goodner in a wearable computing device of Aimone as modified by Lewis and Lin because the pivoting knobs provide a user for more comfortably fitting a shape of the user's head.
As to claim 14, Aimone (Figs. 1-44) teaches a wearable electronic device (a wearable computing device 100; Fig. 1) comprising:
a display (a display) (Fig. 1);
an engagement interface (a face pad 120) configured to be disposed between the display (the display) and a face of a user (a user) (Fig. 1) to block ambient light (may function as a display isolator for reducing or eliminating visual stimuli from sources other than head mounted display 110; [0189], lines 1-3) (Figs. 1-2);
a respiration sensor (the breath sensor 160) configured to detect a biometric feature (the bio-signal sensor used to detect breathing is a breath sensor, for example, breath sensor 160) ([0266], lines 10-11) and produce a signal (a bio-signal) based on the biometric feature (breathing) ([0266], lines 10-11); and
a processor (a processor; [0011], lines 7-9) configured to analyze the signal (the sampled data may be analyzed by the wearable computing device in real-time or at a future predetermined time when not being worn by the user; [0144], lines 1-6), wherein the wearable electronic device changes shape in response to the signal (the at least one stimulus modality includes pressure and the at least one feedback modules includes a pressure transducer; the pressure transducer provides haptic feedback, vibrations, for the user; [0169], lines 1-7).
Aimone does not expressly teach removably; a nasal portion of the engagement interface configured to contact a bridge portion of a nose of a user; a respiration sensor removable coupled to the nasal portion and removably coupled to the engagement interface.
Lewis teaches [the engagement interface (eyewear frame 110; col. 11, lns 4-50; Fig. 1) comprising:] a nasal portion of the engagement interface configured to contact a bridge portion of a nose of a user (portion of frame (11) connecting first and second lens (120a, b); col. 11, lines 44-50; Fig. 1); and the respiration sensor (CO2 sensor)) configured to contact a bridge portion of a nose of a user (microphone 132 or other vibration sensor measures breathing rate with one or more CO2 sensors; col. 18, lns; Fig. 1)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used nose bridge pads as taught by Lewis in a wearable computing device of Aimone to provide close proximity to the user to detect breathing of the user and a secure fit for the wearable computing device.
Aimone and Lewis do not expressly teach removably; a respiration sensor removable coupled to the nasal portion and removably coupled to the engagement interface.
Goodner (Figs. 1-15) teaches removably (the magnets 72,86, 250, and 254, in conjunction with the support ribs 94 and the support grooves 100, may be configured to retain the wearable visualization device 12 in the engaged configuration 30 on the guest interface device 14 until the user manually removes the wearable visualization device 12 from the guest interface device 14; [0062], lines 25-31) (Fig. 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used removable attachment by magnets as taught by Goodner as modified by Lewis in a wearable computing device of Aimone because the removable attachment provides a user with maintenance, replacement, or cleaning with ease.
Aimone, Lewis, and Goodner do not expressly teach [a respiration sensor] removably coupled to the nasal portion of the facial interface.
Lin (Figs. 16-24) teaches [a respiration sensor (a breath sensor 70)] removably coupled to the nasal portion and removably coupled to the engagement interface (the outer expansion portion 12) (the breath sensor 70 is fixed to the outer expansion portion 12 through the perforations 121; [0127], lines 14-15; it is well known in the art that a breath sensor can be attached to an outer part of a device through holes (perforations) in a housing by screws, clips or snap-fit) (Figs. 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used removable coupling as taught by Lin in a wearable computing device of Aimone as modified by Lewis and Goodner because removable coupling also provides a user with maintenance, replacement, or cleaning with ease.
As to claim 15, Aimone teaches wherein the processor is further configured to provide a notification to a user (the pressure transducer provides haptic feedback for the user; [0169], lines 6-7).
As to claim 16, Aimone, Goodner, and Lin teach the wearable electronic device of claim 14. Aimone also teaches wherein: the wearable electronic device (the wearable computing device 100) comprises a head-mountable display (a head mounted display 110) Fig. 1).
Goodner also teaches [wherein:] the engagement interface is adjustable (a user may utilize the pivoting knobs 190 to adjust relative positions of the first and second head strap portions 150, 160 to allow the head strap assembly 36 to more comfortably fit a shape of the user's head) (Fig. 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used pivoting knobs as taught by Goodner in a wearable computing device of Aimone as modified by Lewis and Lin because the pivoting knobs provide a user for more comfortably fitting a shape of the user's head.
As to claim 17, Lewis teaches the biometric feature comprises a feature of the autonomic nervous system (sensor 132i measures oxygenation of the patient’s blood or another measure of adequate supply of oxygen to the patient’s brain and nervous system; col. 18, lines 32-35).
As to claim 18, Aimone teaches wherein: the respiration sensor comprises a first sensor (the breath sensor 160) oriented towards a first facial region (a nose region) (Figs. 1 and 27); and the respiration sensor further comprises a second sensor (bio-signal sensors which are electrodes 130) coupled to the engagement interface (the face pad 120) ([0191], lines 1-4), the second sensor (the electrodes 130) oriented towards a second facial region (e.g., a forehead) different from the first facial region (the nose region) when the wearable electronic device (the wearable computing device 100) is worn (Figs. 2 and 4).
As to claim 20, Aimone teaches wherein: the engagement interface is a first engagement interface (a lower portion of the face pad 120) (Fig. 1);
the respiration sensor is a first sensor (a breath sensor 160) (Fig. 27); and
the display (the display) is removably attachable to the first engagement interface (the lower portion of the face pad 120) and a second engagement interface (an upper portion of the face pad 120) having a second sensor (the electrodes 130) (Figs. 4 and 27).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Aimone, in view of Lewis, Goodner, and Lin as applied to claim 1 above, and further in view of Yun (U.S. Pub. No. US 2016/0259986 A1).
As to claim 8, Aimone, Lewis, Goodner, and Lin teach the head-mountable device of claim 1.
Aimone, Lewis, Goodner, and Lin do not expressly teach wherein the facial interface is in electrical communication with the display.
Yun (Figs. 1-28) teaches wherein the facial interface (the nose pad 104 and the electrodes 127/ECG sensor 340-1) is in electrical communication with the display (the display unit 111 or the imaging unit 362) (Figs. 2A and 3A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used an ECG sensor as taught by Yun in a wearable computing device of Aimone as modified by Lewis, Goodner, and Lin because the ECG sensor makes patients record their heart activity over a longer period of time, which can help identify potential problems early.
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Sauers (U.S. Pub. No. US 2019/0079301 A1), in view of Lewis (US Patent No. US 9,658,473 B2), and further in view of Lin.
As to claim 10, Sauers (Figs. 1-28) teaches a facial interface (a face seal 104) for a head-mountable device (a head mounted display 100) (Figs. 1-4), comprising:
a first side (inside side) comprising a connector (a peripheral portion 324; paragraphs 31-32) configured to attach the facial interface (the face seal 104) to a display (a display device 320) (Fig. 3);
a second side (a front portion of the face seal 540) configured to contact a face of a user (a user 208) to block ambient light (by engagement of the face seal 104 with the face 210 of the user 208, the face seal 104 is operable to reduce or eliminate the amount of light from the environment outside the face seal 104 that enters the eye chamber 326; [0032], lines 5-11) (Figs. 1, 3 and 6);
a bridging structure (support members; 436) connecting the first side and the second side (the face seal 104 is supported by one or more seal support members 436 that are connected to the housing 102; paragraph 38; Figs. 3-4)
a nasal portion configured to contact a bridge portion of a nose of a user (the face seal 104 may contact the nose of the user and extend around the eye area of the user; paragraphs 28, 37; Figs. 2A-B, 4).
Sauers does not expressly teach a sensor configured to detect a facial expression of the user, wherein the sensor is positioned proximate the nose of the user and removable coupled to the nasal portion.
Lewis teaches (Fig. 5C) teaches a sensor (604) configured to detect a facial expression of the user (there are facial and mouth movement sensors 604 and/or cameras located on the lens holder; see col. 7, line 66-col, 8, line 4; Fig. 5C), wherein the sensor is positioned proximate the nose of the user contacting the bridge portion of the nose of the user (Fig. 5C illustrates a plurality of sensors 602-606 positioned proximate the nose and on the bridge of the frame between the lenses 601 which contacts the user’s nose and provides support for placement of the device; see Fig. 5C).
Therefore, it would have been obvious to one of ordinary skill in the art to have positioned a sensor as taught by Lewis near a nose for a head mounted device of Sauers because the position of the sensor near a nose can provide accurate measurement for the sensor.
Sauers and Lewis do not expressly teach [wherein the sensor is] removably coupled to the nasal portion.
Lin (Figs. 16-24) teaches [wherein the sensor (a breath sensor 70) is] removably coupled to the nasal portion (the breath sensor 70 is fixed to the outer expansion portion 12 through the perforations 121; [0127], lines 14-15; it is well known in the art that a breath sensor can be attached to an outer part of a device through holes (perforations) in a housing by screws, clips or snap-fit) (Figs. 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used removable coupling as taught by Lin in a facial interface of a wearable computing device of Sauers as modified by Lewis because removable coupling provides a user with maintenance, replacement, or cleaning with ease.
As to claim 11, Sauers teaches wherein: the sensor (the sensors 554) is embedded in the facial interface (the face seal 104) (Figs. 3-5); and
the second side (the rear side; the front portion of the face seal 540) of the facial interface (the face seal 104) comprises an area (an area between the sensors 554 and the eye of the user 208) transparent to a signal emitted by the sensor (the sensors 554) (Fig. 1 and 3-5).
As to claim 12, Lewis teaches further comprising a controller, the controller comprising: a processor (the operating system 2100 of the wearable optics device; col. 13, lns. 38-45; Fig. 21) configured to:
receive a signal from the sensor indicative of the detected facial expression (camera signals and other sensors and measurements are inputs to the simulator; col. 13, lns. 38-45; Fig. 21’ ; and
analyze the signal (operating system 2102; col. 13, lns. 38-45; Fig. 21); and
a memory device storing computer-executable instructions that, when executed by the processor, cause a component of the head-mountable device to perform an action in response to the signal (operating system 2102; col. 13, lns. 38-45; Fig. 21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a processing circuit as taught by Franklin in a facial interface of a head mounted device of Sauers as modified by Lewis and Lin to provide necessary processing functions for performing operations of the device.
As to claim 13, Lewis teaches wherein the display performs a function based on the detected facial expression (sensors may comprise any sensor or any combination of sensors, and the operating system allows incorporating parameters of the sensors to further capabilities including applications that can improve health; col. 8, lns, 20-46; wherein the sensor measurements are inputs to the simulator; operating system 2102; col. 13, lns. 38-45; Fig. 21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a processing circuit as taught by Franklin in a facial interface of a head mounted device of Sauers as modified by Lewis and Lin to enhance user functionality.
Response to Arguments
Applicant’s arguments with respect to claims 1-18 and 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.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
TZVIELI et al. (US2019/0046044) discloses a head-mounted device having cameras that measure regions on the periorbital areas to sense a region on the nose and/or mouth of the user, which are used to calculate a respiratory parameter (see paragraphs 81-85, 172-173; Figs. 1-14).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALECIA DIANE ENGLISH whose telephone number is (571)270-1595. The examiner can normally be reached Mon.-Fri. 7:00am-3:00am.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Boddie can be reached at 571-272-0666. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Alecia D English/Examiner, Art Unit 2625
571-270-1595
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