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 § 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.
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) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hudman (U.S. 2021/0132323).
Regarding claim 1, Hudman discloses a head-mountable device (100, Fig. 1; page 2, para [0022]) comprising:
a frame (108, Fig. 1; page 2, para [0022]);
a display (106, Fig. 1; page 2, para [0022]) supported by the frame (108, Fig. 1);
an optical assembly (112, Fig. 1; page 2, para [0023]) providing a view to the display (106, Fig. 1), the optical assembly comprising:
a lens assembly (130, Figs. 1-2; page 3, para [0027-0028]) being coupled to the frame (108, Fig. 1) and comprising a lens (212, Fig. 2; page 3, para [0028]) and an identifier (724, Fig. 7; page 7, para [0057]); and
a pair of lenses (such as 306 of 210 of 130l and 130r, Figs. 2-3; page 3, para [0028, 0030-0031]) movable relative to each other to adjust an effective spherical correction (306 moveable relative to each other along axis 312 to adjust an effective spherical correction via adjustment of optical power, Fig. 3; page 3, para [0031]; page 4, para [0035]); and
a processor (702, Fig. 7; page 7, para [0057]) operably connected to the lens assembly (130, Figs. 1 and 7; page 7, para [0057]) while the lens assembly is coupled to the frame (108, Fig. 1), the processor being configured to control movement of the pair of lenses (304 and 306, Figs. 2-3) based on the identifier (724, Fig. 7; page 7, para [0051-0052, 0057]) of the lens assembly and a target vision correction of the optical assembly (Figs. 1 and 7; page 7, para [0054]).
Hudman does not expressly disclose that the lens assembly (130, Figs. 1-2; page 3, para [0027-0028]) is removable coupled to the frame (108, Fig. 1). However, Hudman does disclose an alternative embodiment of the invention wherein a lens assembly (802, Fig. 8; page 7, para [0058]) can be configured such that the lens assembly is removably coupled to a frame (such as frame of 800, Fig. 8) in order to make the lens assembly (802, Fig. 8) separable from the frame.
Therefore, before the time of the effective filing of the claimed invention, it would have been obvious to one of ordinary skill in the art to configure the lens assembly (130, Figs. 1-2) to be removably coupled to the frame (108, Fig. 1) as in the alternative embodiment (802 of 800, Fig. 8) of Hudman in order to obtain the benefits of making the lens assembly (130, Figs. 1-2; 802, Fig. 8) separable from the frame for easier access to repairs or replacement (In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349) as evidenced by Hudman (Fig. 8; page 7, para [0058]).
Regarding claim 2, Hudman discloses a head-mountable device with all the limitations above and further discloses wherein the pair of lenses (such as 306 of 210 of 130l and 130r, Figs. 2-3) have identical, non-rotationally symmetric surfaces oriented in a complementary configuration (such as 306 being Alvarez lenses having opposing complementary refractive surfaces, Fig. 3; page 4, para [0033]).
Regarding claim 3, Hudman discloses a head-mountable device with all the limitations above and further discloses wherein the processor (702, Fig. 7) is further configured to detect a direction of a gaze of an eye (page 7, para [0057]), wherein the movement of the pair of lenses is controlled further based on the direction of the gaze (page 7, para [0051-0052, 0054, 0057]).
Regarding claim 4, Hudman discloses a head-mountable device with all the limitations above and further discloses wherein the pair of lenses (such as 306 of 210 of 130l and 130r, Figs. 2-3) are moveable transverse to an optical axis (such as 306 moveable along 312 which is transverse to an optical axis 126 along 308, Figs. 1-3; page 5, para [0042]) extending through the lens assembly (130, Figs. 1-3; page 5, para [0042]), the pair of lenses (such as 306 of 210 of 130l and 130r, Figs. 2-3), and the display (106, Fig. 1).
Regarding claim 5, Hudman discloses a head-mountable device with all the limitations above and further discloses wherein:
the optical assembly (112, Fig. 1) comprises an optical assembly connector (connector of 804, Fig. 8; pages 7-8, para [0058-0059]); and
the lens assembly (130, Figs. 1-2; 802, Fig. 8) comprises a lens assembly connector (such as 812 and 820, Fig. 8; pages 7-8, para [0058-0059]) configured to releasably secure the lens assembly (130, Figs. 1-2; 802, Fig. 8; page 7, para [0058]) to the optical assembly (112, Fig. 1) by engaging the optical assembly connector (such as a connector of 804, Fig. 8; pages 7-8, para [0058-0059]).
Regarding claim 6, Hudman discloses a head-mountable device with all the limitations above and further discloses wherein the lens assembly connector (such as 812, Fig. 8) comprises a latch (such as 812 being a fastener that engages and secures the lens assembly 802, Fig. 8; lens assembly 130, Figs. 1-2; page 7, para [0058]).
Regarding claim 7, Hudman discloses a head-mountable device with all the limitations above and further discloses wherein the optical assembly (112, Fig. 1) further comprises an additional lens (such as 304 of 210 of 130l and 130r, Figs. 1-3; page 3, para [0028, 0030-0031]), wherein the pair of lenses (306 of 210 of 130l and 130r, Figs. 2-3) is between the lens assembly and the additional lens (since 306 of 210 of 130l and 130r is between lens 212 of the lens assembly 130 and the additional lens 304 of 210 of 130l and 130r, Figs. 1-3).
Regarding claim 8, Hudman discloses a head-mountable device with all the limitations above and further discloses wherein:
the additional lens (such as 304 of 210 of 130l and 130r, Figs. 1-3; page 3, para [0028, 0030-0031]) has a diopter (page 4, para [0035]); and
the lens assembly (lens 212 of the lens assembly 130, Figs. 1-3) has a diopter (such as 404 of 212 of the lens assembly 130, Figs. 1-3 and 4A; page 4, para [0035]; page 5, para [0043]).
Hudman does not expressly disclose that the additional lens (such as 304 of 210 of 130l and 130r, Figs. 1-3) has a positive diopter and the lens assembly (such as 404 of 212 of the lens assembly 130, Figs. 1-3 and 4A) has a negative diopter. However, at the time of the effective filing of the claimed invention, one of ordinary skill in the art would have been led to configure the additional lens to have a positive diopter and the lens assembly to have a negative diopter through routine experimentation and optimization. Applicant has not disclosed that the configuration of the additional lens having a positive diopter and the lens assembly having a negative diopter is for a particular unobvious purpose, produce an unexpected/significant result, or are otherwise critical. Furthermore, it is well known to one of ordinary skill in the art before the time of the effective filing of the claimed invention that a lens having a diopter (refractive power) can have either a positive refractive power or a negative refractive power.
Therefore, it would have been obvious to one of ordinary skill in the art before the time of the effective filing of the claimed invention to try configuring the additional lens (such as 304 of 210 of 130l and 130r, Figs. 1-3) to have a positive diopter and the lens assembly (such as 404 of 212 of the lens assembly 130, Figs. 1-3 and 4A) to have a negative diopter based on a finite number of possibilities (such as 4 possibilities with each of the two lenses having either positive or negative refractive power) in order to obtain the benefits of optimizing the optical characteristics of the optical assembly (112, Fig. 1) through routine experimentation and optimization with a reasonable expectation for success.
Regarding claim 9, Hudman discloses a head-mountable device with all the limitations above and further disclose:
a camera (Fig. 1; page 2, para [0025-0026]), wherein the display (106, Fig. 1) is configured to output a view captured by the camera (Fig. 1; page 2, para [0025-0026]); and
a head engager (122, Fig. 1; page 2, para [0024]) configured to secure the frame (108, Fig. 1) to a head (head of 104, Fig. 1; page 2, para [0024]).
Hudman does not expressly disclose that the head-mountable device (100, Fig. 1) comprises a microphone and a speaker. However, Hudman discloses that the head-mountable device (100, Fig. 1) can include various internal and external sensors (page 2, para [0025]). Furthermore, official notice is taken that it is well known to one of ordinary skill in the art before the time of the effective filing of the claimed invention that a head-mountable device can be configured with a microphone and a speaker in order to record and playback audio present in an external environment. Therefore, before the time of the effective filing of the claimed invention, it would have been obvious to one of ordinary skill in the art to configure the head-mountable device (100, Fig. 1) of Hudman with a microphone and speaker in order to obtain the benefits of recording and playing back recorded audio present in an external environment as is well known in the art and as evidenced by Hudman (page 2, para [0025]).
Claim(s) 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hudman (U.S. 2021/0132323) in view of Franklin et al. (U.S. 2020/0096775).
Regarding claim 10, Hudman discloses a head-mountable device (100, Fig. 1; page 2, para [0022]) comprising:
a frame (108, Fig. 1; page 2, para [0022]);
a display (106, Fig. 1; page 2, para [0022]) supported by the frame (108, Fig. 1);
an optical assembly (112, Fig. 1; page 2, para [0023]) providing a view to the display (106, Fig. 1), the optical assembly comprising:
a pair of lenses (such as 306 of 210 of 130l and 130r, Figs. 2-3; page 3, para [0028, 0030-0031]) movable relative to each other to adjust an effective spherical correction (306 moveable relative to each other along axis 312 to adjust an effective spherical correction via adjustment of optical power, Fig. 3; page 3, para [0031]; page 4, para [0035]);
a first lens assembly (such as 304 of 210 of 130l and 130r, Figs. 2-3; page 3, para [0028, 0030-0031]) having a first spherical correction with a diopter (304 moveable relative to each other along axis 310 to adjust an effective spherical correction via adjustment of optical power, Fig. 3; page 3, para [0031]; page 4, para [0035]);
a second lens assembly (such as 406 of 212 of 130l, Figs. 1-2 and 4A; page 4, para [0036]) having a second spherical correction with a diopter (406 is adjustable for spherical correction with a diopter via optical power, Fig. 4A; page 4, para [0035]; page 5, para [0038, 0043]); and
a third lens assembly (such as 406 of 212 of 130r, Figs. 1-2 and 4A; page 4, para [0036]) having a cylindrical correction (406 having a cylindrical correction, Fig. 4A; page 5, para [0043]).
Hudman does not expressly disclose a first connector on a first side of the pair of lenses (such as 306 of 210 of 130l and 130r, Figs. 2-3) for releasably engaging the first lens assembly (such as 304 of 210 of 130l and 130r, Figs. 2-3), a second connector on a second side of the pair of lenses (such as 306 of 210 of 130l and 130r, Figs. 2-3) for releasably engaging the second lens assembly (such as 406 of 212 of 130l, Figs. 1-2 and 4A; page 4, para [0036]), and a third connector on the second side of the pair of lenses (such as 306 of 210 of 130l and 130r, Figs. 2-3) for releasably engaging a third lens assembly (such as 406 of 212 of 130r, Figs. 1-2 and 4A). However, Franklin discloses a head-mountable device (110, Fig. 2; page 2, para [0039]) comprising one or more removable lens assemblies (120, Fig. 2; such as 1120, Fig. 11; page 2, para [0039]; page 5, para [0070]) having latches (1122, Fig. 11; page 5, para [0070]) that allow the lens assemblies to be removably engaged with a lens (316b, Fig. 11; page 2, para [0041]; page 5, para [0070]) in order to provide the ability to remove or interchange the lens assemblies based on a user’s needs (page 2, para [0038]).
Therefore, before the time of the effective filing of the claimed invention, it would have been obvious to one of ordinary skill in the art to configure the optical assembly (112, Fig. 1) of Hudman with the latches (Franklin: 1122, Fig. 11) of Franklin such that the latches (Franklin: 1122, Fig. 11) are configured as a first connector (Franklin: 1122, Fig. 11) on a first side of the pair of lenses (Hudman: such as 306 of 210 of 130l and 130r, Figs. 2-3) for releasably engaging the first lens assembly (Hudman: such as 304 of 210 of 130l and 130r, Figs. 2-3), a second connector (Franklin: 1122, Fig. 11) on a second side of the pair of lenses (Hudman: such as 306 of 210 of 130l and 130r, Figs. 2-3) for releasably engaging the second lens assembly (Hudman: such as 406 of 212 of 130l, Figs. 1-2 and 4A; page 4, para [0036]), and a third connector (Franklin: 1122, Fig. 1) on the second side of the pair of lenses (Hudman: such as 306 of 210 of 130l and 130r, Figs. 2-3) for releasably engaging a third lens assembly (Hudman: such as 406 of 212 of 130r, Figs. 1-2 and 4A) in order to obtain the benefits of providing the ability to remove or interchange the lens assemblies based on a user’s needs as taught by Franklin (Fig. 11; page 2, para [0038]).
Hudman as modified by Franklin does not expressly disclose that the first lens assembly (Hudman: such as 304 of 210 of 130l and 130r, Figs. 2-3; page 3, para [0028, 0030-0031]) has a positive diopter and the second lens assembly (Hudman: such as 406 of 212 of 130l, Figs. 1-2 and 4A; page 4, para [0036]) has a negative diopter. However, at the time of the effective filing of the claimed invention, one of ordinary skill in the art would have been led to configure the first lens assembly to have a positive diopter and the second lens assembly to have a negative diopter through routine experimentation and optimization. Applicant has not disclosed that the configuration of the first lens assembly having a positive diopter and the second lens assembly having a negative diopter is for a particular unobvious purpose, produce an unexpected/significant result, or are otherwise critical. Furthermore, it is well known to one of ordinary skill in the art before the time of the effective filing of the claimed invention that a lens having a diopter has a refractive power (such as in Hudman: page 4, para [0035]) and that the refractive power of a lens can either be a positive refractive power or a negative refractive power.
Therefore, it would have been obvious to one of ordinary skill in the art before the time of the effective filing of the claimed invention to try configuring the first lens assembly (Hudman: such as 304 of 210 of 130l and 130r, Figs. 2-3; page 3, para [0028, 0030-0031]) to have a positive diopter and the second lens assembly (Hudman: such as 406 of 212 of 130l, Figs. 1-2 and 4A; page 4, para [0036]) to have a negative diopter based on a finite number of possibilities (such as 4 possibilities with each of the two lenses having either positive or negative refractive power) in order to obtain the benefits of optimizing the optical characteristics of the optical assembly (Hudman: 112, Fig. 1) of Hudman as modified by Franklin through routine experimentation and optimization with a reasonable expectation for success.
Regarding claim 11, Hudman as modified by Franklin discloses a head-mountable device with all the limitations of claim 10 above and further discloses wherein each of the first connector (Franklin: 1122, Fig. 11), the second connector (Franklin: 1122, Fig. 11), and the third connector (Franklin: 1122, Fig. 11) comprise a latch (Franklin: 1122, Fig. 11; page 5, para [0070]).
Regarding claim 12, Hudman as modified by Franklin discloses a head-mountable device with all the limitations of claim 10 above and further discloses wherein each of the first lens assembly (Hudman: such as 304 of 210 of 130l and 130r, Figs. 2-3; page 3, para [0028, 0030-0031), the second lens assembly (Hudman: such as 406 of 212 of 130l and 130r, Figs. 1-2 and 4A; page 4, para [0036]), and the third lens assembly (Hudman: such as 404 of 212 of 130l and 130r, Figs. 1-2 and 4A; page 4, para [0036]) having a cylindrical correction (404 having a cylindrical correction, Fig. 4A; page 5, para [0043]) further comprises an identifier (Hudman: 724, Fig. 7; page 7, para [0057]), wherein the head-mountable device comprises a processor (Hudman: 702, Fig. 7; page 7, para [0057]) configured to:
detect the identifier (Hudman: 724, Fig. 7; page 7, para [0051-0052, 0057]); and
control movement of the pair of lenses (Hudman: such as 306 of 210 of 130l and 130r, Figs. 2-3) based, at least in part, on the identifier (Hudman: 724, Fig. 7; page 7, para [0051-0052, 0057]).
Regarding claim 13, Hudman as modified by Franklin discloses a head-mountable device with all the limitations of claim 10 above and further discloses wherein:
the pair of lenses (Hudman: such as 306 of 210 of 130l and 130r, Figs. 2-3) is a first pair of lenses; and
the optical assembly (Hudman: 112, Fig. 1) further comprises a second pair of lenses (Hudman: such as 404 of 212 of 130l and 130r, Figs. 1-2 and 4A; page 4, para [0036]) movable relative to each other to adjust an effective cylindrical correction (Hudman: Fig. 4; page 5, para [0038, 0053]).
Regarding claim 14, Hudman as modified by Franklin discloses a head-mountable device with all the limitations of claim 13 above and further discloses wherein the second pair of lenses (Hudman: such as 404 of 212 of 130l and 130r, Figs. 1-2 and 4A) are rotatable about an optical axis (Hudman: 410, Fig. 4B; page 6, para [0045]) of the optical assembly (Hudman: 112, Fig. 1).
Regarding claim 15, Hudman as modified by Franklin discloses a head-mountable device with all the limitations of claim 10 above and further discloses wherein the pair of lenses (Hudman: such as 306 of 210 of 130l and 130r, Figs. 2-3) have identical, non-rotationally symmetric surfaces oriented in a complementary configuration (Hudman: such as 306 being Alvarez lenses having opposing complementary refractive surfaces, Fig. 3; page 4, para [0033]).
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hudman (U.S. 2021/0132323) in view of Zeng et al. (CN 110713789).
Regarding claim 16, Hudman discloses a head-mountable device (100, Fig. 1; page 2, para [0022]) comprising:
a display (106, Fig. 1; page 2, para [0022]); and
an optical assembly (112, Fig. 1; page 2, para [0023]) comprising a pair of lenses (such as 404 and 406 of 212 of 130l and 130r, Figs. 1-2 and 4A; page 3, para [0028]; page 4, para [0036]) providing a view to the display (106, Fig. 1) along an optical axis (such as optical axis 410 along 408, Figs. 1-3 and 4A; page 6, para [0045]), the pair of lenses (such as 404 and 406 of 212 of 130l and 130r, Figs. 1-2 and 4A) having surfaces that are facing each other (such as surfaces 418 and 424, Fig. 4A; page 5, para [0042]).
Hudman does not expressly disclose that the pair of lenses (such as 404 and 406 of 212 of 130l and 130r, Figs. 1-2 and 4A) have lubricious coatings on surfaces of the pair of lenses that are facing each other (such as surfaces 418 and 424, Fig. 4A; page 5, para [0042]), the lubricious coatings having an index of refraction that does not exceed an index of refraction of the pair of lenses. However, Zeng discloses an optical lens assembly that is applied with a lubricating coating in order to protect the optical lens assembly (page 1, para [0007]).
Therefore, before the time of the effective filing of the claimed invention, it would have been obvious to one of ordinary skill in the art to configure the pair of lenses (Hudman: such as 404 and 406 of 212 of 130l and 130r, Figs. 1-2 and 4A) of Hudman to have the lubricious coatings of Zeng (page 1, para [0007]) on surfaces of the pair of lenses that are facing each other (Hudman: such as surfaces 418 and 424, Fig. 4A; page 5, para [0042]), the lubricious coatings having an index of refraction that does not exceed an index of refraction of the pair of lenses (Hudman: such as matching the index of refraction of the lubricious coatings with the index of refraction of the pair of lenses 404 and 406, Figs. 1-2 and 4A), in order to obtain the benefits of providing a protection layer to the pair of lenses as taught by Zeng (page 1, para [0007]). Furthermore, it would have been obvious to one of ordinary skill in the art before the time of the effective filing of the claimed invention to configure the lubricious coatings of Zeng (page 1, para [0007]) to have an index of refraction that does not exceed an index of refraction of the pair of lenses (such as matching the index of refraction of the lubricious coatings with the index of refraction of the pair of lenses 404 and 406, Figs. 1-2 and 4A) in order to prevent unwanted optical refractions of light between the pair of lenses and the lubricious coatings as is well known in the art.
Regarding claim 17, Hudman as modified by Zeng discloses a head-mountable device with all the limitations of claim 16 above and further discloses wherein the pair of lenses (Hudman: such as 404 and 406 of 212 of 130l and 130r, Figs. 1-2 and 4A) are movable relative to each other to adjust an effective spherical correction (Hudman: page 5, para [0043]).
Regarding claim 18, Hudman as modified by Zeng discloses a head-mountable device with all the limitations of claim 16 above and further discloses wherein the pair of lenses (Hudman: such as 404 and 406 of 212 of 130l and 130r, Figs. 1-2 and 4A) are movable relative to each other to adjust an effective cylindrical correction (Hudman: page 5, para [0043]).
Regarding claim 19, Hudman as modified by Zeng discloses a head-mountable device with all the limitations of claim 18 above and further discloses the pair of lenses (Hudman: such as 404 and 406 of 212 of 130l and 130r, Figs. 1-2 and 4A) are rotatable about the optical axis (Hudman: 410, Fig. 4; page 6, para [0045]) of the optical assembly (Hudman: 112, Fig. 1).
Regarding claim 20, Hudman as modified by Zeng discloses a head-mountable device with all the limitations of claim 16 above and further discloses wherein the pair of lenses (Hudman: such as 404 and 406 of 212 of 130l and 130r, Figs. 1-2 and 4A) have identical, non-rotationally symmetric surfaces oriented in a complementary configuration (Hudman: such as lenses 404 and 406 being Alvarez lenses having opposing complementary refractive surfaces, Fig. 4; page 5, para [0039]; page 4, para [0033]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL CHANG LEE whose telephone number is (571)270-7923. The examiner can normally be reached M-F 10am-6pm.
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/PAUL C LEE/Primary Examiner, Art Unit 2871