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 .
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 03/22/2024 and 05/12/2025. An initialed copy is attached to this Office Action.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3-4, 6-10, 12, 13, 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jacobs et al., (hereafter Jacobs) (US 11,204,504), of record.
With respect to Claim 1, Jacobs discloses a glasses assembly (100, Figure 1A), comprising: a front cover (106, Figure 1B); a suspension (336, 338, Figure 3); a waveguide (114, 116, Figure 1A) held by the suspension (336, 338, Figure 3), the front cover (106, Figure 1B) and the waveguide (114, 116, Figure 1A) defining a gap (area outside 114 and 116 where 108 sits, Figure 1B); and a shroud (108, Figure 1B) at least partially disposed in the gap (area between and outside 114 and 116, Figure 1B) and defining a first end (top of 108, Figure 1B) and a second end (bottom/tapered area of 108, Figure 1B), the shroud (108, Figure 1B) comprising: an elastomer body (108, Figure 1B); and a core (126, Figure 1B) coupled with the front cover (106, Figure 1B) at the first end (top of 108, Figure 1B) of the shroud (108, Figure 1B).
With respect to Claim 3, Jacobs further discloses wherein: the core (126, Figure 1B) is stiffer than the elastomer body (108, Figure 1B); and the elastomer body (108, Figure 1B) at least partially surrounds (see Figure 1B) the core (126, Figure 1B) and is configured to flex (108 is a flexible shroud) in response to contact (see Figure 1A; see also column 4, lines 13-17) with the waveguide (114, 116, Figure 1A) at the second end (bottom/tapered area of 108, Figure 1B).
With respect to Claim 4, Jacobs further discloses wherein: the elastomer body (108, Figure 1B) at least partially surrounds (see Figure 1B) the core (126, Figure 1B), the elastomer body (108, Figure 1B) defining a contact surface (see 108, Figure 1B) at the second end (bottom/tapered area of 108, Figure 1B) of the shroud (108, Figure 1B) that is substantially flat (see the top edges of 108, Figure 1B); and the core (126, Figure 1B) includes a portion (see Figure 1B) partially exposed (see Figure 1B) at the first end (top of 108, Figure 1B) of the shroud (108, Figure 1B), the portion (see Figure 1B) coupled with the front cover (106, Figure 1B).
With respect to Claim 6, Jacobs further discloses wherein the shroud (108, Figure 1B) is unitary and tapered from the first end (top of 108, Figure 1B) to the second end (bottom/tapered area of 108, Figure 1B).
With respect to Claim 7, Jacobs further discloses wherein the shroud (108, Figure 1B) is defined by sections of elastomer bodies.
With respect to Claim 8, Jacobs further discloses wherein the gap (area outside 114 and 116 where 108 sits, Figure 1B) is greater than about 5 millimeters and less than about 25 millimeters.
With respect to Claim 9, Jacobs discloses a glasses frame, comprising: a first lens portion (114, Figure 1B) having a first outer side (side of 114 facing 102, Figure 1B) and a first inner side (side of 114 facing away 102, Figure 1B); a second lens portion (116, Figure 1B) having a second outer side (side of 116 facing 104, Figure 1B) and a second inner side (side of 116 facing away 104, Figure 1B); and a front cover (106, Figure 1B) extending from the first outer side (102, Figure 1B) to the second outer side (side of 116 facing 104, Figure 1B); wherein the first lens portion (114, Figure 1B) comprises: a waveguide (114, 116, Figure 1A) held by a suspension (336, 338, Figure 3) and extending between the first outer side (102, Figure 1B) and the first inner side (side of 114 facing away 102, Figure 1B), the front cover (106, Figure 1B) and the waveguide (114, 116, Figure 1A) defining a gap (area outside 114 and 116 where 108 sits, Figure 1B) that increases (see Figure 1B) from the first outer side (102, Figure 1B) toward the first inner side (side of 114 facing away 102, Figure 1B); and a shroud (108, Figure 1B) at least partially disposed in the gap (area outside 114 and 116 where 108 sits, Figure 1B) and bonded (126 is a sealing structure, column 4, lines 11-13) with the front cover (106, Figure 1B), the shroud (108, Figure 1B) extending with decreasing stiffness (column 4, lines 13-15) from the first outer side (102, Figure 1B) to the first inner side (side of 114 facing away 102, Figure 1B).
With respect to Claim 10, Jacobs further discloses wherein: the front cover (106, Figure 1B) defines a curve (see the front side of 106, Figure 1B) from the first outer side (102, Figure 1B) to the second outer side (side of 116 facing 104, Figure 1B); the shroud (108, Figure 1B) defines a first end (top of 108, Figure 1B) and a second end (bottom/tapered area of 108, Figure 1B); and the shroud (108, Figure 1B) defines an area (area between the top and bottom of 108, Figure 1B) between the first end (top of 108, Figure 1B) and the second end (bottom/tapered area of 108, Figure 1B), the area (area between the top and bottom of 108, Figure 1B) being non-uniform from the first outer side (102, Figure 1B) to the first inner side (side of 114 facing away 102, Figure 1B).
With respect to Claim 12, Jacobs further discloses wherein the shroud (108, Figure 1B) comprises: an elastomer body (108, Figure 1B); and a core (126, Figure 1B) at least partially surrounded (see 126, Figure 1B) by the elastomer body (108, Figure 1B) and coupled with the front cover (106, Figure 1B), the core (126, Figure 1B) defining a length decreasing (see 126, Figure 1B) from the first outer side (102, Figure 1B) to the first inner side (side of 114 facing away 102, Figure 1B).
With respect to Claim 13, Jacobs further discloses wherein the shroud (108, Figure 1B) comprises: a core (126, Figure 1B) coupled with the front cover (106, Figure 1B); and an elastomer body (108, Figure 1B) at least partially surrounding the core (126, Figure 1B), the elastomer body (108, Figure 1B) defining a length increasing (see 108, Figure 1B) from the first outer side (102, Figure 1B) to the first inner side (side of 114 facing away 102, Figure 1B).
With respect to Claim 16, Jacobs discloses a glasses assembly, comprising: a lens portion (114, 116, Figure 1B) having an outer side (side of 114, 116, facing 102 and 104, respectively, Figure 1B) and an inner side (side of 114, 116, facing away from 102 and 104, respectively, Figure 1B) opposite the outer side (side of 114, 116, facing 102 and 104, respectively, Figure 1B); a front cover (106, Figure 1B) extending from the outer side (side of 114, 116, facing 102 and 104, respectively, Figure 1B) towards the inner side (side of 114, 116, facing away from 102 and 104, respectively, Figure 1B); wherein the lens portion (114, 116, Figure 1B) comprises: a waveguide (114, 116, Figure 1A) extending from the outer side (side of 114, 116, facing 102 and 104, respectively, Figure 1B) to the inner side (side of 114, 116, facing away from 102 and 104, respectively, Figure 1B); a shroud (108, Figure 1B) disposed between the waveguide (114, 116, Figure 1A) and the front cover (106, Figure 1B), the shroud (108, Figure 1B) defining a first end (top of 108, Figure 1B) and a second end (bottom/tapered area of 108, Figure 1B), the shroud (108, Figure 1B) coupled with the front cover (106, Figure 1B) at the first end (top of 108, Figure 1B) and extending with decreasing stiffness (column 4, lines 13-15) from the outer side (side of 114, 116, facing 102 and 104, respectively, Figure 1B) to the inner side (side of 114, 116, facing away from 102 and 104, respectively, Figure 1B) of the lens portion (114, 116, Figure 1B), the shroud (108, Figure 1B) comprising: a first material portion (elastomeric material, column 5, lines 20-26) including a first material (elastomeric material, column 5, lines 20-26); and a second material portion (thermoplastic polyurethane material, column 5, lines 20-26) including a second material (thermoplastic polyurethane material, column 5, lines 20-26) different than the first material (elastomeric material, column 5, lines 20-26), the first material portion (elastomeric material, column 5, lines 20-26) at least partially surrounding the second material portion (thermoplastic polyurethane material, column 5, lines 20-26).
With respect to Claim 17, Jacobs further discloses wherein: the first material (elastomeric material, column 5, lines 20-26) comprises an elastomer (elastomeric material, column 5, lines 20-26) and defines a body (entire area of 108, Figure 1B) of the shroud (108, Figure 1B); the second material (thermoplastic polyurethane material, column 5, lines 20-26) comprises a plastic (thermoplastic polyurethane material, column 5, lines 20-26) and defines a core (126, Figure 1B) of the shroud (108, Figure 1B); and the body (entire area of 108, Figure 1B) at least partially surrounds (see Figure 1B) the core (126, Figure 1B) and is configured to flex (108 is a flexible shroud) in response to contact with the waveguide (114, 116, Figure 1A) at the second end (bottom/tapered area of 108, Figure 1B).
With respect to Claim 18, Jacobs further discloses wherein: the core (126, Figure 1B) defines a first length (see 126, Figure 1B); the first length decreases (see 126, Figure 1B) from the outer side (side of 114, 116, facing 102 and 104, respectively, Figure 1B) to the inner side (side of 114, 116, facing away from 102 and 104, respectively, Figure 1B); the body (entire area of 108, Figure 1B) defines a second length (see 126, Figure 1B); and the second length increases (see 126, Figure 1B) from the outer side (side of 114, 116, facing 102 and 104, respectively, Figure 1B) to the inner side (side of 114, 116, facing away from 102 and 104, respectively, Figure 1B).
With respect to Claim 19, Jacobs further discloses wherein: the front cover (106, Figure 1B) and the waveguide (114, 116, Figure 1A) define a gap (area outside 114 and 116 where 108 sits, Figure 1B) that increases from the outer side (side of 114, 116, facing 102 and 104, respectively, Figure 1B) to the inner side (side of 114, 116, facing away from 102 and 104, respectively, Figure 1B); and the shroud (108, Figure 1B) at least partially (see Figure 1B) disposed in the gap (area outside 114 and 116 where 108 sits, Figure 1B) and defining a length increasing (see 126, Figure 1B) from the outer side (side of 114, 116, facing 102 and 104, respectively, Figure 1B) to the inner side (side of 114, 116, facing away from 102 and 104, respectively, Figure 1B).
With respect to Claim 20, Jacobs further discloses wherein: the first material (elastomeric material, column 5, lines 20-26) comprises an electroactive polymer (130 electromechanical actuators pass through 108, column 4, lines 57-67) configured to receive a current (column 4, lines 57-67); the shroud (108, Figure 1B) is directly coupled with the waveguide (114, 116, Figure 1A); and the waveguide (114, 116, Figure 1A) is configured to move in response to the shroud (108, Figure 1B) receiving the current (column 4, lines 57-67).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2, 5, 11, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jacobs (US 11,204,504), of record, in further view of Nichol et al., (hereafter Nichol) (US 9,110,200).
With respect to Claim 2, Jacobs teaches the glasses assembly of claim 1, wherein: the glasses assembly (100, Figure 1A) comprises a first portion (102, Figure 1B) and a second portion (104, Figure 1B) opposite the first portion (102, Figure 1B); the front cover (106, Figure 1B) defines a curve (see the front side of 106, Figure 1B) from the first portion (102, Figure 1B) to the second portion (104, Figure 1B); the gap (area outside 114 and 116 where 108 sits, Figure 1B) increases from the first portion (102, Figure 1B) to the second portion (104, Figure 1B) of the glasses assembly (100, Figure 1A); the shroud (108, Figure 1B) is unitary and tapered from the first end (top of 108, Figure 1B) to the second end (bottom/tapered area of 108, Figure 1B); the core (126, Figure 1B) is bonded via an adhesive (126 is a sealing structure, column 4, lines 11-13) with the front cover (106, Figure 1B) at an angle greater than about 35 degrees and less than about 55 degrees, the core (126, Figure 1B) defining a length decreasing (see 126, Figure 1B) from the first portion (102, Figure 1B) towards the second portion (104, Figure 1B) of the glasses assembly (100, Figure 1A); and the elastomer body (108, Figure 1B) defines a length increasing (see 126, Figure 1B) from the first portion (102, Figure 1B) towards the second portion (104, Figure 1B) and defines a substantially flat surface (see the top edges of 108, Figure 1B) at the second end (bottom/tapered area of 108, Figure 1B), the substantially flat surface (see the top edges of 108, Figure 1B) is configured to contact the waveguide (114, 116, Figure 1A) and the elastomer body (108, Figure 1B) is configured to flex (108 is a flexible shroud) in response to contacting the waveguide (114, 116, Figure 1A).
Jacobs fails to teach the core comprises nylon.
Jacobs teaches a head-mounted display and Nichol teaches a light emitting device includes a film lightguide, which can be used in in the head-mounted display.
Nichol teaches the core (physical coupling mechanism, column 70, lines 21-30) comprises nylon (nylon material, column 70, lines 21-30).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Jacobs having the glasses assembly with the teachings of Nichol having the core comprising nylon for the purpose of maintaining flexibility.
With respect to Claim 5, Jacobs teaches the glasses assembly of claim 1, wherein: the elastomer body (108, Figure 1B) at least partially surrounds (see Figure 1B) the core (126, Figure 1B); the core (126, Figure 1B) comprises plastic (thermoplastic, column 5, lines 21-23); and the elastomer body (108, Figure 1B) comprises silicon (silicone material, column 5, lines 21-23)
Jacobs fails to teach the elastomer body having a shore A hardness between about 50 and 90.
Jacobs teaches a head-mounted display and Nichol teaches a light emitting device includes a film lightguide, which can be used in in the head-mounted display.
Nichol teaches the elastomer body (core material, column 54, lines 64-67) having a shore A hardness between about 50 and 90 (greater than 50, column 54, lines 64-67).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Jacobs having the glasses assembly with the teachings of Nichol having the elastomer body having a shore A hardness between about 50 and 90 for the purpose of rigid flexibility.
With respect to Claim 11, Jacobs teaches the glasses frame of claim 9, wherein the shroud (108, Figure 1B) is coupled with the front cover (106, Figure 1B)
Jacobs discloses the claimed invention except for the shroud is coupled with the front cover at an angle greater than about 35 degrees and less than about 55 degrees. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the shroud is coupled with the front cover at an angle greater than about 35 degrees and less than about 55 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to have the shroud is coupled with the front cover at an angle greater than about 35 degrees and less than about 55 degrees for the purpose of a better fit of the glasses frame. In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969).
With respect to Claim 14, Jacobs teaches the glasses frame of claim 9, wherein: the gap (area outside 114 and 116 where 108 sits, Figure 1B) at the first outer side (102, Figure 1B) is greater than about 5 millimeters and less than about 20 millimeters; and the gap (area outside 114 and 116 where 108 sits, Figure 1B) at the first inner side (side of 114 facing away 102, Figure 1B) is greater than about 10 millimeters and less than about 25 millimeters.
Jacobs discloses the claimed invention except for the gap is greater than about 5 millimeters and less than about 20 millimeters, and the gap at the first inner side is greater than about 10 millimeters and less than about 25 millimeters. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the gap is greater than about 5 millimeters and less than about 20 millimeters, and the gap at the first inner side is greater than about 10 millimeters and less than about 25 millimeters, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to have the gap is greater than about 5 millimeters and less than about 20 millimeters, and the gap at the first inner side is greater than about 10 millimeters and less than about 25 millimeters, for the purpose of a better fit of the glasses frame. In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969).
With respect to Claim 15, Jacobs teaches the glasses frame of claim 9, wherein: the shroud (108, Figure 1B) defines a first end (top of 108, Figure 1B) and a second end (bottom/tapered area of 108, Figure 1B); and the second end (bottom/tapered area of 108, Figure 1B) defines a contact surface that is substantially flat (see the top edges of 108, Figure 1B), the contact surface including a length greater than about 0.1 millimeters and less than about 2 millimeters.
the contact surface including a length greater than about 0.1 millimeters and less than about 2 millimeters
Jacobs discloses the claimed invention except for the contact surface including a length greater than about 0.1 millimeters and less than about 2 millimeters. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the contact surface including a length greater than about 0.1 millimeters and less than about 2 millimeters, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. One would have been motivated to have the contact surface including a length greater than about 0.1 millimeters and less than about 2 millimeters, for the purpose of a better fit of the glasses frame. In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969).
Conclusion
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/TYW/Patent Examiner, Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872