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 04/15/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement filed 05/05/2025 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
A complete response to a nonstatutory double patenting (NSDP) rejection is either a reply by applicant showing that the claims subject to the rejection are patentably distinct from the reference claims or the filing of a terminal disclaimer in accordance with 37 CFR 1.321 in the pending application(s) with a reply to the Office action (see MPEP § 1490 for a discussion of terminal disclaimers). Such a response is required even when the nonstatutory double patenting rejection is provisional.
As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application’s claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance. Only objections or requirements as to form not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,835,725. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of instant claim 1 are fully encompassed and met by the details of reference claim 1 which includes first and second lenses, an adjustment module with a driving element and a transmission element, with separate states including the driving element being separated from the transmission element. Additionally, the limitations of dependent claims 2-8 are met and fully encompassed by the details of reference claims 2-18.
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) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wei et al. (Chinese Pub. No. CN 113589531 A; hereinafter – “Wei”). All citations to Wei are directed toward the English machine translation of the Chinese document, provided as a reference.
Regarding claim 1, Wei teaches a head mounted display, comprising:
a first display (3) (See e.g. Figs. 1-5; Paragraphs 0044-0045);
a second display (5) (See e.g. Figs. 1-5; Paragraphs 0044-0045);
a transmission component (9), connecting the first display and the second display (See e.g. Figs. 3-5; Paragraphs 0050-0052, 0054, 0061-0064, and 0067);
an electrically controlled driver (10), coupled to the transmission component, wherein the electrically controlled driver drives the transmission component in an electronic control mode to adjust a distance between the first display and the second display (See e.g. Figs. 3-5; Paragraphs 0030, 0045-0053, and 0062); and
a manual adjustment component (11), detachably coupled to the transmission component, wherein the manual adjustment component is coupled to and drives the transmission component in a manual mode to adjust the distance between the first display and the second display, and the manual adjustment component is separated from the transmission component in the electronic control mode (See e.g. Figs. 3-5; Paragraphs 0031-0032, 0054-0055 and 0067).
Regarding claim 2, Wei teaches the head mounted display according to claim 1, as above.
Wei further teaches that the transmission component has a fixed connection end and a first coupling end opposite to each other, the fixed connection end is fixedly connected to the electrically controlled driver, and the first coupling end is detachably coupled to the manual adjustment component (See e.g. Figs. 3-5; Paragraphs 0050-0052, 0054, 0061-0064, and 0067).
Regarding claim 3, Wei teaches the head mounted display according to claim 2, as above.
Wei further teaches that the manual adjustment component comprises a knob (14), a guide ring (10), a sliding component (10), and a reset component (12), a driving section of the knob is pivoted in the guide ring, the driving section has a chute, the chute has a ramp section and a parallel section, a wall surface of the ramp section is not parallel to a rotation axis direction of the knob, a wall surface of the parallel section is parallel to the rotation axis direction, an inner surface of the guide ring has a plurality of guide slots, the sliding component has a pivot end and a second coupling end opposite to each other, the pivot end is pivoted in the driving section, and an outer surface of the sliding component has a guide rib, when a front section of the guide rib is slidably disposed in one of the guide slots, resilient restoring force of the reset component pushes against the sliding component, such that the front section contacts the wall surface of the ramp section, and the first coupling end is away from the second coupling end, when the knob rotates relative to the guide ring and the front section is located in one of the guide slots, the ramp section pushes the guide rib, and the guide ring restricts rotation of the sliding component, when the knob rotates relative to the guide ring and the guide rib is located outside the guide slots, the front section leaves the ramp section and contacts the wall surface of the parallel section, the first coupling end is coupled to the second coupling end, and the knob drives the transmission component to rotate through the sliding component, and the transmission component adjusts the distance between the first display and the second display (See e.g. Figs. 3-5; Paragraphs 0057-0068, 0074-0085, and 0089-0093).
Regarding claim 4, Wei teaches the head mounted display according to claim 2, as above.
Wei further teaches that the manual adjustment component comprises a knob (14), a dual push mechanism (different diameter sections of rotating part), and a reset component (12), the knob is assembled to the dual push mechanism, and the knob has a second coupling end, in the electronic control mode, the dual push mechanism overcomes resilient restoring force of the reset component to keep the knob in a first position, and the first coupling end is away from the second coupling end, in the manual mode, the resilient restoring force of the reset component keeps the knob in a second position, the first coupling end is coupled to the second coupling end, the knob drives the transmission component to rotate, and the transmission component adjusts the distance between the first display and the second display (See e.g. Figs. 3-5; Paragraphs 0057-0068, 0074-0085, and 0089-0093).
Regarding claim 5, Wei teaches the head mounted display according to claim 4, as above.
Wei further teaches that the first coupling end is restricted by the second coupling end and remains within the knob (See e.g. Figs. 3-5; Paragraphs 0057-0068, 0074-0085, and 0089-0093).
Regarding claim 6, Wei teaches the head mounted display according to claim 4, as above.
Wei further teaches a casing (6, 8, 13), wherein the first display, the second display, the transmission component, and the electrically controlled driver are disposed in the casing, the knob is located in the casing when kept in the first position, and the knob protrudes outside the casing when kept in the second position (See e.g. Figs. 1-5; Paragraphs 0045-0054 and 0069-0070).
Regarding claim 7, Wei teaches the head mounted display according to claim 2, as above.
Wei further teaches that the transmission component is screw-connected to the first display and the second display (See e.g. Figs. 3-5; Paragraphs 0050-0052, 0054, 0061-0064, 0067, and 0091).
Claim(s) 1-2 and 7-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chien (Taiwanese Pub. No. TW I697695 B). All citations to Chien are directed to the English machine translation of the Taiwanese document, provided as a reference.
Regarding claim 1, Chien teaches a head mounted display, comprising:
a first display (12) (See e.g. Fig. 1; P. 4: “the head-mounted display device 10 includes a housing 11, a first display component 12, a second display component 13…”);
a second display (13) (See e.g. Fig. 1; P. 4: “the head-mounted display device 10 includes a housing 11, a first display component 12, a second display component 13…”);
a transmission component (110, 120, 130), connecting the first display and the second display (See e.g. Figs. 1-5; P. 4-5; P. 6: “The screw 110 is screwed to the first display component 12 and the second display component 13”);
an electrically controlled driver (101, 170), coupled to the transmission component, wherein the electrically controlled driver drives the transmission component in an electronic control mode to adjust a distance between the first display and the second display (See e.g. Figs. 1-5; P. 5-6: “the rotation of screw 110 can be used to drive the first display component 12 and the second display component 13 to slide in two different directions”; P. 7-8: “the second driven gear 170 drives the first driven gear 130 so that the screw 110 and the positioning gear 120 rotate synchronously”; P. 9-10); and
a manual adjustment component (150), detachably coupled to the transmission component, wherein the manual adjustment component is coupled to and drives the transmission component in a manual mode to adjust the distance between the first display and the second display, and the manual adjustment component is separated from the transmission component in the electronic control mode (See e.g. Figs. 1-5; P. 5-6: “the rotation of screw 110 can be used to drive the first display component 12 and the second display component 13 to slide in two different directions”; P. 7-9: “When the drive gear 150 and the positioning gear 120 are separated, the rotation of the drive gear 150 and the rotation of the positioning gear 120 are synchronized”).
Regarding claim 2, Chien teaches the head mounted display according to claim 1, as above.
Chien further teaches that the transmission component has a fixed connection end (120) and a first coupling end (130) opposite to each other, the fixed connection end is fixedly connected to the electrically controlled driver, and the first coupling end is detachably coupled to the manual adjustment component (See e.g. Figs. 1-5; P. 5-6).
Regarding claim 7, Chien teaches the head mounted display according to claim 2, as above.
Chien further teaches that the transmission component is screw-connected to the first display and the second display (See e.g. Figs. 1-5; P. 5-6: “The screw 110 passes through the first screw portion 12a and the second screw portion 13a, and the screw 110 includes a first threaded portion 111 that is screwed to the first screw portion 12a and a second threaded portion 112 that is screwed to the second screw portion 13a”).
Regarding claim 8, Chien teaches the head mounted display according to claim 2, as above.
Chien further teaches that the electrically controlled driver is a motor (See e.g. Figs. 1-5; P. 9-10: “Taking semi-automatic or fully automatic power source as an example, the power input component 101 can be the output shaft of a motor”).
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wei in view of Clement (PCT Pub. No. WO 2017/193218 A1).
Regarding claim 8, Wei teaches the head mounted display according to claim 2, as above.
Wei fails to explicitly disclose that the electrically controlled driver is a motor.
However, Clement teaches a virtual reality head mounting display comprising an electrically controlled driver, coupled to a transmission component, wherein the electrically controlled driver drives the transmission component in an electronic control mode to adjust a distance between a first display and a second display (See e.g. Figs. 7-12; Paragraphs 0064-0068, 0079, and 0092).
Clement teaches this motor such that the adjustment “is automatically adjustable between a series of selectable positions using a motorized actuator or the like” and “a particular adjustment position could be selected and stored against a particular user profile, and retrieved each time this user makes use of the HMS so to automatically adjust the HMS accordingly” (Paragraph 0064).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the head mounted display of Wei with the motor of Clement such that the adjustment “is automatically adjustable between a series of selectable positions using a motorized actuator or the like” and “a particular adjustment position could be selected and stored against a particular user profile, and retrieved each time this user makes use of the HMS so to automatically adjust the HMS accordingly,” as taught by Clement (Paragraph 0064) and since it has been held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art, In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958), See MPEP §2144.04.III.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Pier et al. (U.S. PG-Pub No. 2024/0241385) teaches a mechanism to adjust inter-axial lens distance in a VR/AR headset.
Wang et al. (U.S. PG-Pub No. 2024/0012257) teaches electronic devices with lens positioners.
Wei et al. (Chinese Pub. No. 116184675) teaches a head-mounted display device with a similar display position adjuster.
Gao et al. (Chinese Pub. No. 113608351) teaches VR pupillary distance adjusting mechanisms and head-mounted devices with the same.
Lan (U.S. PG-Pub No. 2020/0310137) teaches an adjusting apparatus and head-mounted display with a similar adjustment mechanism.
Miller et al. (U.S. PG-Pub No. 2018/0338130) teaches interpupillary distance adjustment in a head-mounted display.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas R Pasko whose telephone number is (571)270-1876. The examiner can normally be reached M-F 8 AM - 5 PM.
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, William Kraig can be reached at 571-272-8660. 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.
Nicholas R. Pasko
Primary Examiner
Art Unit 2896
/Nicholas R. Pasko/Primary Examiner, Art Unit 2896