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 .
Terminal Disclaimer
The terminal disclaimer filed on 06/11/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of USP No. 12,468,164 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Examiner’s Comments
The amendment to the specification is acknowledged.
In view of the amendments, the prior objections of claims 16 and 30 are withdrawn.
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 16-18 and 27-30 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. Independent claims 16, 29 and 30 now recite “a weight of the head wearable device when worn on the nose of the user operating to stabilize the connection between the mechanical interface of the second part and the corresponding downward mechanical interface of the central portion of the head wearable device”. The “weight” is not further limited and is thus a variable parameter or property of a head wearable device and the metes and bounds requirement is not met. How the “weight” operates to stabilize the connection outside of what is understood as force/gravity is not further defined in the specification nor the claims. The specification is also inclusive of any and all head wearable devices, that implement extended reality technology, thus the threshold of the “weight” is not disclosed. For these reasons, the boundaries of the claim scope are unclear and the claim is determined to be 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.
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.
Claims 16-18 and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Kassner (WO 2021/164867 A1) in view of Belli et al. (USPG Pub No. 2020/0073150), hereinafter “Belli”.
Regarding claim 16, Kassner discloses a nose pad eye tracking module (100) configured to be at least one of fastened to and unfastened from a head wearable device (500) (see Fig. 2A, Paragraph 133), thus creating a gaze tracking device (Paragraph 36, Lines 1-2), the eye tracking module comprising: a first part (130) having a first part frame having a U-shaped portion (138) including two arms (134, 135) and being adaptable and compatible with a nose of a user when in use (see Fig. 1A, Paragraph 114, Lines 3-5), said first part frame housing at least one left eye sensor (140) and one right eye sensor (150) (Paragraph 115, Line 3), said eye sensors (140, 150) being arranged on the arms (134, 135) to detect a plurality of pupil position images of the user when in use (see Fig. 1A, Paragraphs 38, 107); a second part (120) having a second part frame (110) and including a mechanical interface (170) configured to connect the module (100) to the head wearable device (500) (see Fig. 2A, Paragraph 138); electronic components including at least a data processing unit, a memory, and a data interface (Paragraphs 57, 70, 88-90, 107 – the cited paragraphs include “electronics”, “data exchange”, “controller”, etc. and functions that imply the recited electronic components for the module), said electronic components being configured to connect the module to a computer device (“computing companion device”) and to send to said computer device (“computing companion device”) eye movement information of the user wearing the smart glasses to which is fastened the nose pad eye tracking module (100) when in use (Paragraphs 104, 105), wherein the module (100) is a finished product being ready to be used once mechanically and electrically fastened to the head wearable device (500) (see Fig. 2B, Paragraph 65); wherein the first part (130) comprises two arms (134, 135) designed as nose pads configured to be customizable on different nose shapes when the module is fastened to the head wearable device (500) (Paragraph 76); wherein the mechanical interface (170) is arranged on a top of the second part frame (120) and comprises electrical and electronic interfaces connectable to corresponding downward mechanical, electrical, and electronic interfaces arrangeable on one of (see Fig. 1D, Paragraph 62, Line 1, Paragraphs 64, 65): a central portion (570) of the head wearable device (500) (see Fig. 2A); and a further extension of the central portion of the head wearable device (see Figs. 5A-C); wherein the module (100) is configured to be bottom-up connectable to the head wearable device (500) (Paragraphs 62, 64, 65); and wherein the mechanical interface (170) of the second part is configured to connect to the corresponding downward mechanical interface of the central portion (570) of the head wearable device (500), a weight of the head wearable device (500) when worn on the nose of the user operating to stabilize the connection between the mechanical interface (170) of the second part and the corresponding downward mechanical interface of the central portion (570) of the head wearable device (inherent due to “bottom-up” connection and force/gravity; the intended application of the inherent weight does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d - 164 7 (1987)).
Paragraph 62, Line 1 discloses that “the electric connector may be arranged on a top surface of the module” wherein Paragraph 13 refers to Fig. 1C as a “top view”, thus further illustrating where the “top” is in relation to the module. Paragraphs 64 and 65 disclose a “plug or socket” and “snap fit elements, magnets… screws or threaded holes”, respectively, for connection mechanisms of the module to the head wearable device. With these teachings a “bottom-up” connection with said head wearable device is capable of being realized by one of ordinary skill in the art.
In addition, Belli is presented to provide further evidence of this knowledge. In the same field of endeavor, Belli discloses and wherein the mechanical interface (15, 16) of the second part is configured to connect to the corresponding downward mechanical interface (2a) of the central portion (2) of the head wearable device (1) (Paragraphs 38, 56). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the module of Kassner with and wherein the mechanical interface of the second part is configured to connect to the corresponding downward mechanical interface of the central portion of the head wearable device of Belli for the purpose of providing glasses with sensors ensuring sufficient reliability and efficiency while providing comfort when the glasses are worn (Paragraph 5).
The configuration recited in the claim is realized within the teachings of Kassner alone or in combination with Belli.
Furthermore, it has been held that a mere reversal of the essential working parts of a device and rearranging parts of an invention involves only routine skill in the art. In re Einstein, 8 USPQ 67 and In re Japikse, 86 USPQ 70.
Regarding claim 17, Kassner discloses wherein the second part frame (120) comprises an upward section shape connectable to a corresponding downward section shape of one of the central portion and the further extension of the central portion of the head wearable device (500) (The combination of Paragraph 62, Line 1 which discloses “the electric connector may be arranged on a top surface of the module” along with Paragraph 64 teaching “plug or socket” and Paragraph 65 teaching “snap fit elements, magnets… screws or threaded holes”, implies an upward section shape and downward section shape connection with the head wearable device). The configuration recited in the claim is realized within the teachings of Kassner.
Regarding claim 18, Kassner discloses wherein the mechanical interface comprises an ending portion of a PCB (Paragraphs 90, 102 – it is inherent for the electric connector to have circuitry including a PCB).
Regarding claim 27, Kassner discloses wherein the mechanical interface (170) comprises one of: a guide; at least two retaining lips; a longitudinal aperture dividing two conduction traces; a plurality of longitudinal apertures dividing each conduction trace from one another; two lateral protruding arms having retaining lips configured to firmly engage corresponding lateral engaging notches designed on a corresponding counterpart ending portion; and a protrusion on the second part frame configured to match a corresponding boundary seat on the corresponding counterpart ending portion (Paragraphs 63-67). The cited paragraphs teach the electrical connector, interpreted as the “mechanical interface”, to have several different types of configurations such as “plug or socket”, “snap fit”, “screw” connections. These configurations are interpreted as comprising the recited “guide”.
Regarding claim 28, Kassner discloses wherein the module (100) comprises at least one field of view camera (Paragraph 139).
Regarding claim 29, Kassner discloses a method for fastening a nose pad gaze tracking module (100) to a head wearable device (500) (see Figs. 2A-5C), wherein: the nose pad gaze tracking module (100) is configured to be fastened to and unfastened from head wearable device (500) not provided with any nose pads (see Fig. 2A, Paragraph 133), thus creating an gaze tracking device (Paragraph 36, Lines 1-2); the nose pad gaze tracking comprises a first part (130) having a first part frame having a U-shaped portion (138) including two arms (134, 135) and being adaptable and compatible with a nose bone of a user when in use (see Fig. 1A, Paragraph 114, Lines 3-5), said first part frame housing at least one left eye sensor (140) and one right eye sensor (150) (Paragraph 115, Line 3), said eye sensors (140, 150) being arranged on the arms (134, 135) to detect a plurality of pupil position images of the user when in use (see Fig. 1A, Paragraphs 38, 107); said module further comprises a second part (120) having a second part frame (110) and including a mechanical interface (170) configured to connect the module (100) to the head wearable device (500) (see Fig. 2A, Paragraph 138); said module further comprising electronic components including at least a data processing unit, a memory, and a data interface (Paragraphs 57, 70, 88-90, 107 – the cited paragraphs include “electronics”, “data exchange”, “controller”, etc. and functions that imply the recited electronic components for the module), the electronic components being configured to connect the module to a computer device (“computing companion device”), and the electronic components being configured to send to said computer device (“computing companion device”) eye movement information of the user wearing the head wearable device to which is fastened the nose pad gaze tracking module (100) (Paragraphs 104, 105), the module (100) is configured to be used when mechanically fastened to the head wearable device (500) (see Fig. 2B, Paragraph 65), and the first part (130) comprises two arms (134, 135) designed as nose pads configured to be customizable on different nose shapes when the module is fastened to the head wearable device (500) (Paragraph 76); and the mechanical interface (170) is arranged on a top of the second part frame (120) and comprises specific electrical and electronic interfaces connectable to corresponding downward mechanical, electrical, and electronic interfaces arrangeable on one of a central portion (570) of the head wearable device (500) and a further extension of the central portion of the head wearable device (see Figs. 1D, 2A, 5A-C, Paragraph 62, Line 1, Paragraphs 64, 65), thus making the module (100) configured to be bottom-up connectable to the head wearable device (500) (Paragraph 62); the method comprising: providing said nose pad gaze tracking module (100); providing the head wearable device (500); and bottom-up fastening and connecting the nose pad gaze tracking module (100) to the head wearable device (500) at the central portion of the head wearable device to form a single unitary structure (Paragraphs 62, 64, 65); wherein the mechanical interface (170) of the second part is configured to connect to the corresponding downward mechanical interface of the central portion (570) of the head wearable device (500), a weight of the head wearable device (500) when worn on the nose of the user operating to stabilize the connection between the mechanical interface (170) of the second part and the corresponding downward mechanical interface of the central portion (570) of the head wearable device (inherent due to “bottom-up” connection and force/gravity; the intended application of the inherent weight does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d - 164 7 (1987)).
Paragraph 62, Line 1 discloses that “the electric connector may be arranged on a top surface of the module” wherein Paragraph 13 refers to Fig. 1C as a “top view”, thus further illustrating where the “top” is in relation to the module. Paragraphs 64 and 65 disclose a “plug or socket” and “snap fit elements, magnets… screws or threaded holes”, respectively, for connection mechanisms of the module to the head wearable device. With these teachings a “bottom-up” connection with said head wearable device is capable of being realized by one of ordinary skill in the art.
In addition, Belli is presented to provide further evidence of this knowledge. In the same field of endeavor, Belli discloses and wherein the mechanical interface (15, 16) of the second part is configured to connect to the corresponding downward mechanical interface (2a) of the central portion (2) of the head wearable device (1) (Paragraphs 38, 56). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the module of Kassner with and wherein the mechanical interface of the second part is configured to connect to the corresponding downward mechanical interface of the central portion of the head wearable device of Belli for the purpose of providing glasses with sensors ensuring sufficient reliability and efficiency while providing comfort when the glasses are worn (Paragraph 5).
The configuration recited in the claim is realized within the teachings of Kassner alone or in combination with Belli.
Furthermore, it has been held that a mere reversal of the essential working parts of a device and rearranging parts of an invention involves only routine skill in the art. In re Einstein, 8 USPQ 67 and In re Japikse, 86 USPQ 70.
Regarding claim 30, Kassner discloses a gaze tracking device (see Figs. 2B-5C), comprising: a head wearable device (500) (see Fig. 2A, Paragraph 133); and a nose pad gaze tracking module (100); wherein the nose pad gaze tracking module is configured to be fastened to and unfastened from the head wearable device (500) not having any nose pads (see Figs. 2A-5C), thus creating a gaze tracking device (Paragraph 36, Lines 1-2), wherein said eye tracking module comprises a first part (130) having a first part frame having a U-shaped portion (138) including two arms (134, 135), being adaptable and compatible with a nose bone of a user when in use (see Fig. 1A, Paragraph 114, Lines 3-5), said first part frame housing at least one left eye sensor (140) and one right eye sensor (150) (Paragraph 115, Line 3), said eye sensors (140, 150) being arranged on the arms (134, 135) to detect a plurality of pupil position images of the user when in use (see Fig. 1A, Paragraphs 38, 107); wherein said module further comprises a second part (120) having a second part frame (110) and including a mechanical interface (170) configured to connect the module (100) to the head wearable device (500) (see Fig. 2A, Paragraph 138), said gaze tracking module further comprising electronic components including at least a data processing unit, a memory, and a data interface (Paragraphs 57, 70, 88-90, 107 – the cited paragraphs include “electronics”, “data exchange”, “controller”, etc. and functions that imply the recited electronic components for the module), said electronic components configured to connect the module to a computer device (“computing companion device”), and to send to said computer device (“computing companion device”) eye movement information of the user wearing the head wearable device to which is fastened the nose pad gaze tracking module (100) (Paragraphs 104, 105), wherein the module (100) is configured to be used when mechanically fastened to the head wearable device (500) (see Fig. 2B, Paragraph 65), and the first part (130) comprises two arms (134, 135) designed as nose pads configured to be customizable on different nose shapes when the module is fastened to the head wearable device (500) (Paragraph 76); and wherein the mechanical interface (170) is arranged on a top of the second part frame (120) and comprises electrical and electronic interfaces connectable to corresponding downward mechanical, electrical, and electronic interfaces arrangeable on one of a central portion (570) of the head wearable device (500) and a further extension of the central portion (see Figs. 1D, 2A, 5A-C, Paragraph 62, Line 1, Paragraphs 64, 65), thus making the module (100) configured to be bottom-up connectable to the head wearable device (500) (Paragraphs 62, 64, 65); and wherein the mechanical interface (170) of the second part is configured to connect to the corresponding downward mechanical interface of the central portion (570) of the head wearable device (500), a weight of the head wearable device (500) when worn on the nose of the user operating to stabilize the connection between the mechanical interface (170) of the second part and the corresponding downward mechanical interface of the central portion (570) of the head wearable device (inherent due to “bottom-up” connection and force/gravity; the intended application of the inherent weight does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d - 164 7 (1987).
Paragraph 62, Line 1 discloses that “the electric connector may be arranged on a top surface of the module” wherein Paragraph 13 refers to Fig. 1C as a “top view”, thus further illustrating where the “top” is in relation to the module. Paragraphs 64 and 65 disclose a “plug or socket” and “snap fit elements, magnets… screws or threaded holes”, respectively, for connection mechanisms of the module to the head wearable device. With these teachings a “bottom-up” connection with said head wearable device is capable of being realized by one of ordinary skill in the art.
In addition, Belli is presented to provide further evidence of this knowledge. In the same field of endeavor, Belli discloses and wherein the mechanical interface (15, 16) of the second part is configured to connect to the corresponding downward mechanical interface (2a) of the central portion (2) of the head wearable device (1) (Paragraphs 38, 56). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the module of Kassner with and wherein the mechanical interface of the second part is configured to connect to the corresponding downward mechanical interface of the central portion of the head wearable device of Belli for the purpose of providing glasses with sensors ensuring sufficient reliability and efficiency while providing comfort when the glasses are worn (Paragraph 5).
The configuration recited in the claim is realized within the teachings of Kassner alone or in combination with Belli.
Furthermore, it has been held that a mere reversal of the essential working parts of a device and rearranging parts of an invention involves only routine skill in the art. In re Einstein, 8 USPQ 67 and In re Japikse, 86 USPQ 70.
REASONS FOR ALLOWANCE
Claims 19-26 are allowed.
Since the previously objected dependent claim 19 is now in independent claim form comprising the allowable subject matter and the entirety of the limitations previously presented in independent claim 16, the examiner’s reasons for allowance of claim 19 are the same as those set forth in the prior Office Action.
The following is an examiner’s statement of reasons for allowance: applicant’s arguments, see Arguments/Remarks pages 7-12, filed 03/11/2014, with respect to independent claims 1, 9 and 10 (and thereby dependent claims 2-8 and 11-15), as amended, have been fully considered and are persuasive. The examiner’s reasons for allowance of independent claims 1, 9 and 10 are the same as those set forth in that response.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed 06/11/2026 with respect to claims 1-18 and 27-30 have been fully considered but they are not persuasive. Applicant argued that Kassner does not disclose or teach the claims as presented.
In Kassner, Paragraph 62, Line 1 discloses that “the electric connector may be arranged on a top surface of the module” wherein Paragraph 13 refers to Fig. 1C as a “top view”, thus further illustrating where the “top” is in relation to the module. Paragraphs 64 and 65 disclose a “plug or socket” and “snap fit elements, magnets… screws or threaded holes”, respectively, for connection mechanisms of the module to the head wearable device. With these teachings a “bottom-up” connection with said head wearable device is capable of being realized by one of ordinary skill in the art. It has been held that a mere reversal of the essential working parts of a device and/or rearranging parts of an invention involves only routine skill in the art. In re Einstein, 8 USPQ 67 and In re Japikse, 86 USPQ 70. In addition, Belli is presented to provide further evidence of this knowledge as disclosed in Paragraph 38. Belli teaches that the connection of the nasal-bearing device (8) and the frame is capable of being positioned at the lower part of the frame in a manner where the longitudinal axis of the screw (16) is parallel to the center line X as shown in Fig. 7. With this configuration, the hole (15) and the corresponding hole of the bridge (5) for fixing the screw (16) are also aligned and in parallel with said axis. Belli teaches this configuration in order to provide glasses with sensors ensuring sufficient reliability and efficiency while providing comfort when the glasses are worn by a user (see Paragraph 5).
In addition, Kassner teaches that the shape of the module housing is configured so to surround a nasal bridge of the user and the recess (138) is in a curved U-shape (see Paragraph 25 and Fig. 1A). Belli, in Fig. 7 shows a curved U-shape as well. Furthermore, such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art In re Dailey, 149 USPQ 47 (CCPA 1966).
For these reasons, the claims remain rejected.
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 MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM.
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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.
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 8/25/2026
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