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 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 1-3, 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. US Patent Application Publication 2023/0305302 (cited by applicant).
Regarding Claim 1, Zhang et al. teaches eyewear configured for wireless communications (Figs. 1-4, 6-10), comprising:
a frame (26F Figs. 1-4, 6-10 Par. 0038-0040) comprising a multi-mode antenna structure (antennas 40 Figs. 1-4, 6-10 Par. 0038-0040) comprising:
a plurality of antenna traces comprising a first antenna trace and a second antenna trace (traces for antennas 40 Figs. 3-4 Par. 0041-0053),
a set of switches comprising a first switch and a second switch (switches included in elements 50 Figs. 3-4 Par. 0039), wherein each switch of the set of switches is coupled to at least one of the plurality of antenna traces (Figs. 3-4), and wherein the set of switches is configured to selectively switch among a plurality of switching states, each of the plurality of switching states being associated with a corresponding antenna configuration of a plurality of antenna configurations formed by the plurality of antenna traces (Par. 0039-0044);
a first antenna feed selectively coupled to the first antenna trace via the first switch (feeds 56 for each antenna 40 Fig. 3 Par. 0043); and
a second antenna feed selectively coupled to the second antenna trace via the second switch (feeds 56 for each antenna 40 Fig. 3 Par. 0043); and
one or more temple arms coupled to the frame (26E Figs. 1, 10 Par. 0015-0017).
Regarding Claim 2, Zhang et al. teaches wherein: a first switching state of the plurality of switching states is associated with a first antenna configuration of the plurality of antenna configurations, the first antenna configuration forming a single antenna (Par, 0038, 0039 Fig. 4); and a second switching state of the plurality of switching states is associated with a second antenna configuration of the plurality of antenna configurations, the second antenna configuration forming multiple antennas (Par, 0038, 0039, 0045 Fig. 4).
Regarding Claim 3, Zhang et al. teaches wherein: the first antenna configuration is configured to operate in a single input single output (SISO) wireless communication mode (Par, 0022, 0035, 0050, 0057); and the second antenna configuration is configured to operate in a multiple input multiple output (MIMO) wireless communication mode (Par, 0022, 0035, 0050, 0057).
Regarding Claim 8, Zhang et al. teaches wherein: the first antenna feed is arranged at a first temple location of the frame, and the second antenna feed is arranged at a second template location of the frame (implied from Figs. 3 & 10).
Regarding Claim 9, Zhang et al. teaches further comprising an antenna tuner coupled to the plurality of antenna traces, wherein the antenna tuner is configured to adjust a resonant frequency associated with at least one of the antenna configurations of the plurality of antenna configurations (Par. 0039, 0042, 0050).
Regarding Claim 10, Zhang et al. teaches wherein the antenna tuner is configured to adjust the resonant frequency in at least one of a plurality of frequency bands (Par. 0039, 0042, 0050).
Regarding Claim 11, Zhang et al. teaches wherein the antenna tuner comprises a reactive electrical component (Par. 0039, 0042, 0050).
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.
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.
Claims 4-7 & 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. US Patent Application Publication 2023/0305302 (cited by applicant).
Regarding Claim 4, Zhang et al. teaches the eyewear of claim 1 as shown in the rejection above.
Zhang et al. does not explicitly teach wherein: the plurality of antenna traces further comprises a third antenna trace, a fourth antenna trace, a fifth antenna trace, and a sixth antenna trace; the first switch is further coupled to the first antenna trace and the fourth antenna trace; the second switch is further coupled to the second antenna trace and the sixth antenna trace; and the plurality of switches further comprises: a third switch coupled to at least the first antenna trace and the third antenna trace; a fourth switch coupled to at least the second antenna trace and the third antenna trace; a fifth switch coupled to the fourth antenna trace, the third switch, and the fifth antenna trace; and a sixth switch coupled to the fourth switch, the fifth antenna trace, and the sixth antenna trace.
However, Zhang et al. teaches including multiple antennas 40 including corresponding switches in multiple locations (Par. 0034-0039, 0043-0045).
In this particular case, providing multiple antenna traces and corresponding switches is common and well known in the antenna art as evident Zhang et al. in order to utilize space within the electronic device to cover multiple frequency bands between 600 MHz and 6 GHz (Par. 0034-0039, 0043-0045).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the plurality of antenna traces and switches of Zhang et al. as a plurality of six each, respectively as a result effect in order to utilize space within the electronic device and to cover multiple frequency bands of operation.
Regarding Claim 5, Zhang et al. as modified teaches wherein: a first rim of the frame includes at least one switch of the plurality of switches and at least one antenna trace of the plurality of antenna traces; and a second rim of the frame includes one or more switches of the plurality of switches and one or more antenna traces of the plurality of antenna traces (implied from Figs. 4, 6-10 as modified in claim 4 above).
Regarding Claim 6, Zhang et al. as modified teaches wherein: the first switch is arranged at a hinge location of the first rim; the second switch is arranged at a hinge location of the second rim; the third switch is arranged at a first bridge location of the first rim; the fourth switch is arranged at a first bridge location of the second rim; the fifth switch is arranged at a second bridge location of the first rim; and the sixth switch is arranged at a second bridge location of the second rim (implied from Figs. 4, 6-10 as modified above).
Regarding Claim 7, Zhang et al. as modified teaches wherein: the first antenna trace and the fourth antenna trace are arranged along the first rim; the third antenna trace and the fifth antenna trace are arranged between the first rim and the second rim; and the second antenna trace and the sixth antenna trace are arranged along the second rim (implied from Figs. 4, 6-10 as modified above).
Regarding Claim 12, Zhang et al. teaches further comprising: one or more memories (“nonvolatile memory (e.g., electrically-programmable-read-only memory configured to form a solid-state drive), volatile memory (e.g., static or dynamic random-access-memory)” Par. 0021); and one or more processors coupled to the one or more memories (“Processing circuitry in control circuitry 12 may be based on one or more microprocessors, microcontrollers, digital signal processors, baseband processors, power management units, audio chips, graphics processing units, application specific integrated circuits, and other integrated circuits” Par. 0021).
Zhang et al. does not explicitly teach the one or more processors being configured to cause the eyewear to: obtain a radio frequency (RF) exposure scenario associated with a transmission of a signal; switch the set of switches to a first switching state of the plurality of switching states based at least in part on the RF exposure scenario, the first switching state being associated with a first antenna configuration; and output the signal for transmission using the first antenna configuration.
However, Zhang et al. teaches “Control circuitry 12 may use information from a proximity sensor, wireless performance metric data such as received signal strength information, device orientation information from an orientation sensor, device motion data from an accelerometer or other motion detecting sensor, information about a usage scenario of device 10” Par. 0044; and “In response, control circuitry 12 may adjust an adjustable inductor, adjustable capacitor, switch, or other tunable components such as tunable components 50 to ensure that antennas 40 operate as desired. Adjustments to tunable components 50 may also be made to extend the frequency coverage of antennas 40 (e.g., to cover desired communications bands that extend over a range of frequencies larger than antennas 40 would cover without tuning)” Par. 0044.
In this particular case, configuring the processor to control the output of the antennas using the switches based on rf characteristics and performance metrics such as received signal strength information is common and well known in the antenna art as evident by Zhang et al. to obtain optimal antenna performance.
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date to configure the one or more processors to cause the eyewear to obtain a radio frequency (RF) exposure scenario associated with a transmission of a signal; switch the set of switches to a first switching state of the plurality of switching states based at least in part on the RF exposure scenario, the first switching state being associated with a first antenna configuration; and output the signal for transmission using the first antenna configuration based on the teachings of by Zhang et al. as a result effect in order to obtain optimal antenna performance.
Regarding Claim 13, Zhang et al. teaches wherein: the one or more processors are further configured to cause the eyewear to obtain one or more RF exposure reports associated with one or more transmissions; and to switch the set of switches to the first switching state, the one or more processors are further configured to cause the eyewear to: switch the set of switches to the first switching state further based at least in part on the one or more RF exposure reports (implied from Par. 0021, 0044 as modified above).
Regarding Claim 14, Zhang et al. teaches wherein to output the signal, the one or more processors are further configured to cause the eyewear to output the signal via at least one of the first antenna feed or the second antenna feed based at least in part on the one or more RF exposure reports (implied from Par. 0021, 0044 as modified above).
Regarding Claim 15, Zhang et al. teaches wherein to output the signal, the one or more processors are further configured to cause the eyewear to output the signal in a frequency band selected based at least in part on the one or more RF exposure reports (implied from Par. 0021, 0044 as modified above).
Regarding Claim 16, Zhang et al. teaches further comprising: an antenna tuner coupled to the plurality of antenna traces, wherein the one or more processors are further configured to cause the eyewear to adjust a resonant frequency associated with the first antenna configuration using the antenna tuner based at least in part on the one or more RF exposure reports (implied from Par. 0021, 0044 as modified above).
Regarding Claims 17-20, the method disclosed therein is deemed as being obvious in the assembly and operation of the prior art applied, and are immaterial to the patentability of the device itself. Since the prior art of record herein Zhang et al. is construed as teaching or suggesting all of the elements as recited in the methods. The claims are thus subsequently rejected.
Conclusion
The cited art in PTO-892 was found during the examiner's search, but was not relied upon for this office action. However it is still considered pertinent to the applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL M BOUIZZA whose telephone number is (571)272-6124. The examiner can normally be reached Monday-Friday, 9am-5pm, EST.
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, Dimary Lopez can be reached at (571) 270-7893. 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.
/MICHAEL M BOUIZZA/Examiner, Art Unit 2845