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 Arguments
Applicant’s arguments with respect to claims 1-20 have been considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of different interpretation of the previously applied references. Specifically, the combination of Zhang et al. and Zhu et al. render the claims obvious as shown in the rejection below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 6, 18 & 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: The structural relationship between a front frame, a back frame and the front rim and the back rim previously introduced in independent claim 1 which recites “wherein the slot is formed by creating a complete break in a first one of the front rim or the back rim and a partial break in a remaining one of the front rim or the back rim”, and since claim 5 recites “the slot antenna is formed from a complete break in the front frame and a partial break in the back frame”, this limitation renders the claim indefinite.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: The structural relationship between a front frame, a back frame and the front rim and the back rim previously introduced in independent claim 1 which recites “wherein the slot is formed by creating a complete break in a first one of the front rim or the back rim and a partial break in a remaining one of the front rim or the back rim”, and since claim 6 recites “the slot antenna is formed from a complete break in the back frame and a partial break in the front frame”, this limitation renders the claim indefinite.
Claim 18 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: The structural relationship between a front frame, a back frame and the front rim and the back rim previously introduced in independent claim 14 which recites “wherein the slot is formed by creating a complete break in a first one of the front rim or the back rim and a partial break in a remaining one of the front rim or the back rim”, and since claim 18 recites “the slot antenna is formed from a complete break in the front frame and a partial break in the back frame”, this limitation renders the claim indefinite.
Claim 19 recites the limitations "the back frame" in the 3rd line, and "the front frame" in the 4th line. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: The structural relationship between a front frame, a back frame and the front rim and the back rim previously introduced in independent claim 14 which recites “wherein the slot is formed by creating a complete break in a first one of the front rim or the back rim and a partial break in a remaining one of the front rim or the back rim”, and since claim 19 recites “the slot antenna is formed from a complete break in the back frame and a partial break in the front frame”, this limitation renders the claim indefinite.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. US Patent Application Publication 2023/0305302 and Zhu et al. US Patent Application Publication 2015/0311594.
Regarding Claim 1, Zhang et al. teaches a system (10 Figs. 1, 4 6-9 Par. 0015) comprising:
a support structure (26 Figs. 1, 6-9 Par. 0015);
a lens (6 Figs. 1, 6-9 Par. 0018), mounted to the support structure comprising a front rim and a back rim (see Fig. 8 annotated below); and
a slot antenna (40 slot antenna Par. 0034, 0043) formed by a slot cut into the support structure (“The metal frame and/or portions of the side supports may be used in forming antennas” Par. 0005; “The antennas may be formed from antenna resonating elements created by interposing dielectric-filled gaps into the metal frame that divide the metal frame into one or more segments” Par. 0006; “antenna resonating element structures such as arms 70 and/or 70′ may be formed from housing structures (e.g., a peripheral conductive member that forms a ring-shaped frame for device 10 on the front face of device 10, metal housing frame members, and/or other metal housing structures)” Par. 0049; “structure 26 may be formed from partly or completely from metal and one or more metal portions of frame 26F and/or temples 26E may be used in forming antennas 40” Par. 0051, which implies that slot antenna of Par. 0034, 0043 is formed by a slot cut into the support structure 26).
Zhang et al. does not explicitly teach wherein the slot is formed by creating a complete break in a first one of the front rim or the back rim and a partial break in a remaining one of the front rim or the back rim.
However, Zhu et al. teaches wherein the slot is formed by creating a complete break in a first one of the front rim or the back rim (slot 146 formed from a complete break in 12 Fig. 13) and a partial break in a remaining one of the front rim or the back rim (slot 146 formed from a partial break in 12R Fig. 13).
In this particular case, forming a slot antenna from complete and partial breaks in the rims / frames is common and well known in the antenna art as evident by Zhu et al. in order to adjust the size of the slot to tune the resonance frequency and improve the slot antenna performance (“The performance of slot antenna structures 144 may be adjusted by adjusting the size of slot 146 (e.g., by adjusting the perimeter of the slot)” Par. 0056; “The position of the resonance at frequency f1 may be adjusted by adjusting the length of slot 146 in slot antenna structures 144” Par. 0063).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date to form the slot antenna of Zhang et al. from a complete break in a first one of the front rim or the back rim, and a partial break in a remaining one of the front rim or the back rim based on the teachings of Zhu et al. as a result effect in order to tune the resonance frequency and improve the slot antenna performance.
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Regarding Claim 2, Zhang et al. as modified teaches wherein the slot antenna is open-ended (open ended at gaps 80 Figs. 6-9 Par. 0052 / Zhu et al. at 150 Fig. 13) and the slot is located in a distal portion of at least one of the front rim or the back rim of the support structure (A2 Fig. 7, A3 Fig. 8) and lateral to an eye of a user wearing the support structure (A2 Fig. 7, A3 Fig. 8 Par. 0016).
Regarding Claim 3, Zhang et al. as modified teaches wherein a size of the slot antenna is a quarter-wavelength of a working frequency of the slot antenna (“The length of arm 70 may be selected so that antenna 40 resonates at desired operating frequencies (e.g., where the length of arm 70 is approximately equal to one-quarter of the effective wavelength corresponding to a frequency in a communications band handled by antenna 40)” Par. 0046 as modified in claim 1 for a slot antenna) in a longitudinal dimension of the slot (A2 Fig. 7, A3 Fig. 8).
Regarding Claim 4, Zhang et al. as modified teaches wherein the support structure is a frame (Frame 26F Par. 0016) comprising electrically conductive material (Par. 0047, 0049).
Regarding Claim 5, Zhang et al. as modified teaches wherein:
the frame comprises a front frame and a back frame (See annotated Fig. 8 above / Alternatively front and back of frame 26F Figs. 1, 6 / Alternatively 26F and 26E, respectively Figs. 1, 6); and the slot antenna is formed from a complete break in the front frame (Zhu et al. slot 146 formed from a complete break in 12 Fig. 13 as modified in claim 1 above) and a partial break in the back frame (Zhu et al. slot 146 formed from a partial break in 12R Fig. 13 as modified in claim 1 above).
Regarding Claim 6, Zhang et al. as modified teaches wherein:
the frame comprises a front frame and a back frame (See annotated Fig. 8 above / Alternatively front and back of frame 26F Figs. 1, 6 / Alternatively 26F and 26E, respectively Figs. 1, 6); and the slot antenna is formed from a complete break in the back frame (Zhu et al. slot 146 formed from a complete break in 12 Fig. 13 as modified in claim 1 above) and a partial break in the front frame (Zhu et al. slot 146 formed from a partial break in 12R Fig. 13 as modified in claim 1 above).
Regarding Claim 7, Zhang et al. as modified teaches wherein:
the system is a pair of glasses, comprising the frame and lens (“A head-mounted device such as a pair of glasses” Par. 0004, Par. 0016 Figs. 1, 6-9);
the pair of glasses is configured to be worn by a user such that the lens is positioned over an eye of the user (“Frame 26F, which may sometimes be referred to as forming a front support member, a front portion of structure 26, a front frame member, a glasses frame, or a lens frame, spans the front of a user's face, overlapping and covering a left eye box (see, e.g., eye box 30 of FIG. 1 ) and a right eye box. During use of device 10, when device 10 is being worn on a head of a user, the user's left eye is located in the left eye box and the user's right eye is located in the right eye box” Par. 0016; “a pair of glasses is provided that includes a frame having lens openings; lenses in the lens openings that are aligned with eye boxes” Par. 0059);
the frame comprises a rim circumscribing the lens (seen in Fig. 6); and
the slot antenna is located in a distal portion of the rim configured to be positioned distal to the eye of the user when the pair of glasses is worn by the user (location of antenna A1 as seen in Fig. 6 Par. 0054).
Regarding Claim 8, Zhang et al. teaches providing a frame (26 Figs. 1, 6-9 Par. 0015) for a pair of glasses (“A head-mounted device such as a pair of glasses” Par. 0004, Par. 0016 Figs. 1, 6-9), the frame comprising a front rim and a back rim (see Fig. 8 annotated above);
Mounting a lens to the frame (6 Figs. 1, 6-9 Par. 0018); and
creating a slot antenna (40 slot antenna Par. 0034, 0043) from the frame by cutting a slot into the frame (“The metal frame and/or portions of the side supports may be used in forming antennas” Par. 0005; “The antennas may be formed from antenna resonating elements created by interposing dielectric-filled gaps into the metal frame that divide the metal frame into one or more segments” Par. 0006; “antenna resonating element structures such as arms 70 and/or 70′ may be formed from housing structures (e.g., a peripheral conductive member that forms a ring-shaped frame for device 10 on the front face of device 10, metal housing frame members, and/or other metal housing structures)” Par. 0049; “structure 26 may be formed from partly or completely from metal and one or more metal portions of frame 26F and/or temples 26E may be used in forming antennas 40” Par. 0051, which implies that slot antenna of Par. 0034, 0043 is formed by a slot cut into the support structure 26),.
Zhang et al. does not explicitly teach wherein the slot is formed by creating a complete break in a first one of the front rim or the back rim and a partial break in a remaining one of the front rim or the back rim.
However, Zhu et al. teaches wherein the slot is formed by creating a complete break in a first one of the front rim or the back rim (slot 146 formed from a complete break in 12 Fig. 13) and a partial break in a remaining one of the front rim or the back rim (slot 146 formed from a partial break in 12R Fig. 13).
In this particular case, forming a slot antenna from complete and partial breaks in the rims / frames is common and well known in the antenna art as evident by Zhu et al. in order to adjust the size of the slot to tune the resonance frequency and improve the slot antenna performance (“The performance of slot antenna structures 144 may be adjusted by adjusting the size of slot 146 (e.g., by adjusting the perimeter of the slot)” Par. 0056; “The position of the resonance at frequency f1 may be adjusted by adjusting the length of slot 146 in slot antenna structures 144” Par. 0063).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date to form the slot antenna of Zhang et al. from a complete break in a first one of the front rim or the back rim, and a partial break in a remaining one of the front rim or the back rim based on the teachings of Zhu et al. as a result effect in order to tune the resonance frequency and improve the slot antenna performance.
Additionally, the method steps of manufacture disclosed therein are 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 is construed as teaching or suggesting all of the elements as recited in the methods. The claim is thus subsequently rejected.
Regarding Claim 9, Zhang et al. as modified teaches the frame is configured to support the lens (6 Figs. 1, 6-9 Par. 0018);
the frame comprises a front frame, comprising the front rim, and a back frame, comprising the back rim (see Fig. 8 annotated above);
both the front rim and back rim are configured to wrap around the lens (see Fig. 8 annotated above); and
both the front rim and back rim comprise an inner facet, configured to come in contact with the lens, and an outer facet, representing an outermost perimeter of the front rim or back rim (see Fig. 8 annotated above).
Regarding Claim 10, Zhang et al. as modified teaches wherein creating the slot antenna from the frame comprises creating the slot antenna by:
cutting a portion of the front rim yielding a complete break between the inner facet and the outer facet of the front rim (Zhu et al. slot 146 formed from a complete break in 12 Fig. 13 as modified in claim 8 above); and
cutting a portion of the back rim without yielding a complete break between the inner facet and the outer facet of the back rim (Zhu et al. slot 146 formed from a partial break in 12R Fig. 13 as modified in claim 8 above).
Regarding Claim 11, Zhang et al. as modified teaches wherein creating the slot antenna from the frame comprises creating the slot antenna by:
cutting a portion of the back rim yielding a complete break between the inner facet and the outer facet of the back rim (Zhu et al. slot 146 formed from a complete break in 12 Fig. 13 as modified in claim 8 above); and
cutting a portion of the front rim without yielding a complete break between the inner facet and the outer facet of the front rim (Zhu et al. slot 146 formed from a partial break in 12R Fig. 13 as modified in claim 8 above).
Regarding Claim 12, Zhang et al. as modified teaches further comprising:
covering the frame with a frame cover (“electronic device 10, which may be a pair of glasses, may include head-mounted support structure 26 to house the components of device 10 and to support device 10 on a user's head” Par. 0015).
Regarding Claim 13, Zhang et al. as modified teaches further comprising:
providing a power supply to feed the slot antenna (RF transceiver circuitry 62 and antenna feed 56 Par. 0043 Figs. 3, 4).
Regarding Claim 14, Zhang et al. teaches a wearable device (“electronic device 10, which may be a pair of glasses, may include head-mounted support structure 26 to house the components of device 10 and to support device 10 on a user's head” Figs. 1, 4 6-9 Par. 0015) comprising:
a frame (26 Figs. 1, 6-9 Par. 0015) formed from an electrically conductive material (Par. 0047, 0049), the frame comprising a front rim and a back rim (see Fig. 8 annotated above);
a lens (6 Figs. 1, 6-9 Par. 0018), mounted to the frame (Figs. 1, 6-9 Par. 0018); and
a slot antenna (40 slot antenna Par. 0034, 0043) formed by a slot cut into the electrically conductive material of the frame (“The metal frame and/or portions of the side supports may be used in forming antennas” Par. 0005; “The antennas may be formed from antenna resonating elements created by interposing dielectric-filled gaps into the metal frame that divide the metal frame into one or more segments” Par. 0006; “antenna resonating element structures such as arms 70 and/or 70′ may be formed from housing structures (e.g., a peripheral conductive member that forms a ring-shaped frame for device 10 on the front face of device 10, metal housing frame members, and/or other metal housing structures)” Par. 0049; “structure 26 may be formed from partly or completely from metal and one or more metal portions of frame 26F and/or temples 26E may be used in forming antennas 40” Par. 0051, which implies that slot antenna of Par. 0034, 0043 is formed by a slot cut into the electrically conductive material of the frame 26).
Zhang et al. does not explicitly teach wherein the slot is formed by creating a complete break in a first one of the front rim or the back rim and a partial break in a remaining one of the front rim or the back rim.
However, Zhu et al. teaches wherein the slot is formed by creating a complete break in a first one of the front rim or the back rim (slot 146 formed from a complete break in 12 Fig. 13) and a partial break in a remaining one of the front rim or the back rim (slot 146 formed from a partial break in 12R Fig. 13).
In this particular case, forming a slot antenna from complete and partial breaks in the rims / frames is common and well known in the antenna art as evident by Zhu et al. in order to adjust the size of the slot to tune the resonance frequency and improve the slot antenna performance (“The performance of slot antenna structures 144 may be adjusted by adjusting the size of slot 146 (e.g., by adjusting the perimeter of the slot)” Par. 0056; “The position of the resonance at frequency f1 may be adjusted by adjusting the length of slot 146 in slot antenna structures 144” Par. 0063).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date to form the slot antenna of Zhang et al. from a complete break in a first one of the front rim or the back rim, and a partial break in a remaining one of the front rim or the back rim based on the teachings of Zhu et al. as a result effect in order to tune the resonance frequency and improve the slot antenna performance.
Regarding Claim 15, Zhang et al. as modified teaches wherein the slot antenna is open-ended (open ended at gaps 80 Figs. 6-9 Par. 0052 / Zhu et al. at 150 Fig. 13), and the slot is located in a distal portion of at least one of the front rim or the back rim of the frame (A2 Fig. 7, A3 Fig. 8) and lateral to an eye of a user wearing the frame (A2 Fig. 7, A3 Fig. 8 Par. 0016).
Regarding Claim 16, Zhang et al. as modified teaches wherein a size of the slot antenna is a quarter-wavelength of a working frequency of the slot antenna (“The length of arm 70 may be selected so that antenna 40 resonates at desired operating frequencies (e.g., where the length of arm 70 is approximately equal to one-quarter of the effective wavelength corresponding to a frequency in a communications band handled by antenna 40)” Par. 0046 as modified in claim 14 for a slot antenna) in a longitudinal dimension of the slot (A2 Fig. 7, A3 Fig. 8).
Regarding Claim 17, Zhang et al. as modified teaches wherein the slot antenna is open-ended and has a longitudinal dimension (A2 Fig. 7, A3 Fig. 8) approximately a quarter-wavelength of a working frequency of the slot antenna (“The length of arm 70 may be selected so that antenna 40 resonates at desired operating frequencies (e.g., where the length of arm 70 is approximately equal to one-quarter of the effective wavelength corresponding to a frequency in a communications band handled by antenna 40)” Par. 0046 as modified in claim 14 for a slot antenna).
Regarding Claim 18, Zhang et al. as modified teaches wherein:
the frame comprises a front frame and a back frame (See annotated Fig. 8 above / Alternatively front and back of frame 26F Figs. 1, 6 / Alternatively 26F and 26E, respectively Figs. 1, 6); and the slot antenna is formed from a complete break in the front frame (Zhu et al. slot 146 formed from a complete break in 12 Fig. 13 as modified in claim 14 above) and a partial break in the back frame (Zhu et al. slot 146 formed from a partial break in 12R Fig. 13 as modified in claim 14 above).
Regarding Claim 19, Zhang et al. as modified teaches wherein:
the slot antenna is formed from a complete break in the back frame (Zhu et al. slot 146 formed from a complete break in 12 Fig. 13 as modified in claim 14 above) and a partial break in the front frame (Zhu et al. slot 146 formed from a partial break in 12R Fig. 13 as modified in claim 14 above).
Regarding Claim 20, Zhang et al. as modified teaches wherein:
the wearable device is a pair of glasses, comprising the frame and the lens (“A head-mounted device such as a pair of glasses” Par. 0004, Par. 0016 Figs. 1, 6-9); and
wherein the pair of glasses is configured to be worn by a user such that the lens is positioned over an eye of the user (“Frame 26F, which may sometimes be referred to as forming a front support member, a front portion of structure 26, a front frame member, a glasses frame, or a lens frame, spans the front of a user's face, overlapping and covering a left eye box (see, e.g., eye box 30 of FIG. 1 ) and a right eye box. During use of device 10, when device 10 is being worn on a head of a user, the user's left eye is located in the left eye box and the user's right eye is located in the right eye box” Par. 0016; “a pair of glasses is provided that includes a frame having lens openings; lenses in the lens openings that are aligned with eye boxes” Par. 0059);
wherein the frame comprises a rim circumscribing the lens (seen in Fig. 6); and
wherein the slot antenna is located in a distal portion of the rim configured to be positioned distal to the eye of the user when the pair of glasses is worn by the user (location of antenna A1 as seen in Fig. 6 Par. 0054).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL M BOUIZZA whose telephone number is (571)272-6124. The examiner can normally be reached Monday-Friday, 9am-5pm, EST.
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/MICHAEL M BOUIZZA/Examiner, Art Unit 2845
/DIMARY S LOPEZ CRUZ/Supervisory Patent Examiner, Art Unit 2845