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 Amendment
2. The amendment filed on 04/06/2026 has been entered and considered by examiner.
Claim Rejections - 35 USC § 103
3. 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.
4. 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 Zhovnirovsky (U.S. Patent No. US 10,874,311 B2), 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.
Zhovnirovsky (Figs. 1-18) teaches
[the facial interface (nose bridge pads 602 and 604) comprising:] a nasal portion configured to contact a bridge portion of a nose of a user (Fig. 16).
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 Zhovnirovsky in a wearable computing device of Aimone because the nose bridge pads provide a highly customizable and secure fit for the wearable computing device.
Aimone and Zhovnirovsky 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 before the effective filing date of the claimed invention to have used magnetic engagement as taught by Goodner in a wearable computing device of Aimone as modified by Zhovnirovsky because the magnetic engagement blocks the wearable visualization device from disengaging (e.g., sliding off) the guest visualization device.
Aimone, Zhovnirovsky, 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 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 Zhovnirovsky 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, Aimone teaches
wherein the sensor (the breath sensor 160) comprises at least one of a camera, a carbon dioxide sensor, or an oxygen saturation sensor (a pulse biometry sensor; [0266], lines 10-17).
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 Zhovnirovsky 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, Zhovnirovsky, Goodner, and Lin teach the head-mountable device of claim 1.
Aimone also 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 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 Zhovnirovsky 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);
the 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, in response to the signal, the wearable electronic device performs an action (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).
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.
Zhovnirovsky (Figs. 1-18) teaches
a nasal portion of the engagement interface (the nose bridge pads 602 and 604) configured to contact a bridge portion of a nose of a user (Fig. 16).
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 Zhovnirovsky in a wearable computing device of Aimone because the nose bridge pads provide a highly customizable and secure fit for the wearable computing device.
Aimone and Zhovnirovsky 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 Zhovnirovsky in a wearable computing device of Aimone because the removable attachment provides a user with maintenance, replacement, or cleaning with ease.
Aimone, Zhovnirovsky, 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 Zhovnirovsky and Goodner because removable coupling also provides a user with maintenance, replacement, or cleaning with ease.
As to claim 15, Aimone teaches
wherein the action comprises providing 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 Zhovnirovsky and Lin because the pivoting knobs provide a user for more comfortably fitting a shape of the user's head.
As to claim 17, Aimone teaches
the biometric feature comprises a feature of the autonomic nervous system (e.g., breathing).
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).
5. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Aimone, in view of Zhovnirovsky as applied to claim 1 above, in view of Goodner as applied to claim 1 above, in view of 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, Zhovnirovsky, Goodner, and Lin teach the head-mountable device of claim 1.
Aimone, Zhovnirovsky, 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 Zhovnirovsky, 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.
6. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Aimone, in view of Zhovnirovsky as applied to claim 14 above, in view of Goodner as applied to claim 14 above, in view of Lin as applied to claim 14 above, and further in view of Nduka (U.S. Pub. No. US 2020/0065569 A1).
As to claim 19, Aimone, Zhovnirovsky, Goodner, and Lin teach the wearable electronic device of claim 14.
Aimone, Zhovnirovsky, Goodner, and Lin do not expressly teach wherein the engagement interface changes shape in response to the signal.
Nduka (Figs. 1-13) teaches
wherein the engagement interface (the flexible support 240 and the material layer 242) changes shape in response to the signal (since the material layer 242 is a layer of foam or other soft or padded material, the material layer 242 changes shape; [0093],lines 3-8) (Fig. 2A).
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 soft or padded material layer as taught by Nduka in a wearable computing device of Aimone as modified by Zhovnirovsky, Goodner and Lin because the construction using the soft or padded material permits the headset to be lightweight.
7. 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 Zhovnirovsky, in view of Franklin (U.S. Patent No. US 10,823,970 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 (a side side) comprising a connector (a connecting portion 546) configured to attach the facial interface (the face seal 104) to a display (a display device 320) (Figs. 3 and 6);
a second side (a rear 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).
Sauers does not expressly teach a nasal portion configured to contact a bridge portion of a nose of a user; and 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.
Zhovnirovsky (Figs. 1-18) teaches
a nasal portion configured to contact a bridge portion of a nose of a user (see nose bridge pads 602 and 604; Fig. 16).
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 Zhovnirovsky in a head mounted device of Sauers because the nose bridge pads provide a highly customizable and secure fit for the wearable computing device.
Sauers and Zhovnirovsky do 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.
Franklin (Figs. 1-7) teaches
a sensor (proximity sensors 20) configured to detect a facial expression of the user (control circuitry 12 uses sensor circuitry such as proximity sensors 20 to detect the position of inner edges 70E of lens modules 70 relative to nose side surfaces 42 to ensure that lens modules 70 do not press excessively on nose 40 and cause discomfort, i.e., facial expression; col. 5, lines 51-57) (Fig. 3),
wherein the sensor is positioned proximate the nose of the user (proximity sensors 20 with a set of multiple capacitive proximity sensor electrode 44 that ate used in detecting direct contact and/or proximity of nose surface; col. 6, lines 9-11) (Fig. 3).
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 positioned a sensor as taught by Franklin near a nose for a head mounted device of Sauers as modified by Zhovnirovsky because the position of the sensor near a nose can provide accurate measurement for the sensor.
Sauers, Zhovnirovsky, and Franklin 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 Zhovnirovsky and Franklin 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, Franklin teaches further comprising
a controller (a control circuitry 12 in Fig. 1; a controller 80 in Fig. 5), the controller comprising:
a processor (a processing circuitry, e.g., microcontroller) configured to:
receive a signal from the sensor indicative of the detected facial expression (while voltage Vin is being supplied to motor 86, controller 80 of control circuitry 12 monitors the resulting current flow (current I) through path 84 using sensor circuit 82; col. 7, lines 34-38; discomfort, i.e., facial expression; col. 5, lines 51-57) (Figs. 1, 3 and 5); and
analyze the signal (when current I is detected as exceeding a threshold value Ith, control circuitry 12 can conclude that module edge 70E is contacting the nose surface 42; col 7, lines 52-55) (Figs. 5-6); and
a memory device (e.g., nonvolatile memory; col. 3, lines 1-5; Fig. 1) 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 (while positioners 58 are moving lens modules 70 and lenses 72 (e.g., while spacing LD is being reduced to move modules 70 towards adjacent surfaces of the user's nose), control circuitry 12 uses proximity sensor circuitry (e.g., proximity sensor 20) to monitor the distance between each lens module edge 70E and an adjacent surface 42 of nose 40; col. 8, lines 24-30) (block 102 of Fig. 7).
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 Zhovnirovsky and Lin because the processing unit uses proximity sensor to monitor the distance between the lens module edge and the nose surface and to move the modules towards adjacent surfaces of the user’s nose.
As to claim 13, Franklin teaches
wherein the display performs a function based on the detected facial expression (while positioners 58 are moving lens modules 70 and lenses 72 (e.g., while spacing LD is being reduced to move modules 70 towards adjacent surfaces of the user's nose), control circuitry 12 uses proximity sensor circuitry (e.g., proximity sensor 20) to monitor the distance between each lens module edge 70E and an adjacent surface 42 of nose 40; col. 8, lines 24-30; discomfort, i.e., facial expression; col. 5, lines 51-57) (block 102 of Fig. 7; Fig. 3).
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 Zhovnirovsky and Lin because the processing unit uses proximity sensor to monitor the distance between the lens module edge and the nose surface and to move the modules towards adjacent surfaces of the user’s nose based on discomfort.
Response to Arguments
8. Applicant’s arguments with respect to claims 1-20 have been considered but are moot in view of the new grounds of rejection.
In view of amendment, references of Aimone, Zhovnirovsky, Goodner, Lin, Yun, Nduka, Sauers, and Franklin, have been used for the new grounds of rejection
.
Therefore, the Office maintains the rejections as recited above.
Conclusion
9. 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.
Inquiry
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kwang-Su Yang whose telephone number is (571)270-7307. The examiner can normally be reached on Mon-Fri during 9:00am-6:00pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh Nguyen, can be reached on (571)272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KWANG-SU YANG/Primary Examiner, Art Unit 2623
Prosecution Insights