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
The information disclosure statement (IDS) submitted on March 29, 2024 complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gottlieb-Hertz foreign patent FR2114282.
Regarding claim 1 Gottlieb-Hertz discloses a head-mounted wearable device (e.g. figures 1-7) comprising: a dual-axis hinge mechanism (e.g. figure 7) comprising: a first hinge (e.g. hinging around articulation axis 6), the first hinge disposed between a frame (e.g. typical lens-holding face 1) and first support structure (e.g. area of 15 around 6 including lateral heel 15a) of a temple arm (e.g. arm 2) to hingedly pivot the temple arm (axiomatic); and a second hinge (e.g. hinging around articulation axis 9), the second hinge disposed between the first support structure (e.g. ~15a) of the temple arm and a second support structure (e.g. clevis 3) of the temple arm.
Regarding claim 2 Gottlieb-Hertz discloses the head-mounted wearable device of claim 1, as set forth above. Gottlieb-Hertz further discloses it is further comprising: a resilient member (e.g. spring 17) having a first end connected to a portion of the first support structure (e.g. end of 15a, see page 5 lines 16-19) and a second end connected to a portion of the second support structure (e.g. at face 3b by screw 17’, see page 5 lines 16-19), the resilient member is configured to apply a force to the portion of the second support structure (axiomatic for a spring).
Regarding claim 3 Gottlieb-Hertz discloses the head-mounted wearable device of claim 2, as set forth above. Gottlieb-Hertz further discloses wherein the portion of the second support structure that receives the force is a flange (e.g. figure 2 shows 3b is a flange).
Regarding claim 4 Gottlieb-Hertz discloses the head-mounted wearable device of claim 3, as set forth above. Gottlieb-Hertz further discloses wherein the flange (e.g. 3b) is perpendicular to a second side of a first wall of the second support structure (e.g. lateral face 3c, see figure 7).
Regarding claim 5 Gottlieb-Hertz discloses the head-mounted wearable device of claim 2, as set forth above. Gottlieb-Hertz further discloses wherein the resilient member (e.g. 17) is a spring (e.g. spring 17).
Regarding claim 6 Gottlieb-Hertz discloses the head-mounted wearable device of claim 2, as set forth above. Gottlieb-Hertz further discloses wherein the resilient member is configured to hingedly pivot the second support structure in a direction of a counter force (e.g. see figure 7).
Regarding claim 7 Gottlieb-Hertz discloses the head-mounted wearable device of claim 6, as set forth above. Gottlieb-Hertz further discloses it is further comprising: a first protrusion extending from a first side of a first wall of the second support structure (e.g. see figure 7 left portion of 3b extending to opening 3e).
Regarding claim 8 Gottlieb-Hertz discloses the head-mounted wearable device of claim 7, as set forth above. Gottlieb-Hertz further discloses wherein the first protrusion is configured to be removably connected to a portion of a first limit wall of the first support structure when the resilient member is at a maximum extended position (e.g. see figure 7 when temple 2 is forced into a hyperextended position 15 would rotate clockwise and remove contact from left portion of 3b).
Regarding claim 9 Gottlieb-Hertz discloses the head-mounted wearable device of claim 8, as set forth above. Gottlieb-Hertz further discloses it is further comprising: a second protrusion extending from a second side of the first wall of the second support structure (e.g. see figure 7 right portion of 3c extending to opening 3e).
Regarding claim 10 Gottlieb-Hertz discloses the head-mounted wearable device of claim 9, as set forth above. Gottlieb-Hertz further discloses wherein the second protrusion is configured to be removably connected to a portion of a second limit wall of the first support structure when the resilient member is at a maximum depressed position by the counter force of the second support structure (e.g. see figure 7 when temple 2 is forced into a hyperextended position 15 would rotate clockwise and contact from right portion of 3c).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Khantzis US Patent 5,745,209; in regards to a similar invention, e.g. see figures 1-2 & 7-10.
Eriksson et al. US Patent Application Publication 2019/0265510; in regards to a similar invention, e.g. see figures 4a-10
Sonthonnax et al. US Patent Application Publication 2019/0361265; in regards to a similar invention, e.g. see figures 20-25.
Wang et al. US Patent Application Publication 2023/0063509; in regards to a similar invention, e.g. see figures 1-4.
Anderson et al. US Patent Application Publication 2024/0184134; in regards to a similar invention, e.g. see figures 11-13.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to George G King whose telephone number is (303)297-4273. The examiner can normally be reached 9-5.
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, Ricky Mack can be reached at (571) 272-2333. 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.
/George G. King/Primary Examiner, Art Unit 2872 March 4, 2026