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 5/3/2024 and 7/21/2026. An initialed copy is attached to this Office Action.
Election/Restrictions
Applicant's election with traverse of claims 1-7 in the reply filed on 7/2/2026 is acknowledged. The traversal is on the ground(s) that Applicant respectfully submits that claims 1-20 are linked by a single general inventive concept and that the requirement should be withdrawn. Applicant maintains that claims 8-20. The claim groupings likewise do not define patentably distinct species. Claims 1-7 emphasize system-level movement control of the optical assembly using the tracking sensor and scale. Claims 8-14 emphasize structural details of the tracking assembly, including the beam, hinge, bracket, flex circuit, reader, frame, flange, and stopper features. Claims 15-20 emphasize the alignment-maintaining function of the tracking assembly across a range of motion, including maintaining sensor orientation and distance relative to the scale. These are not alternative inventions. They do not recite any mutually exclusive features. They are compatible and complementary aspects of the same disclosed structure. This is not found persuasive because although the claims have limitations that overlap, the figures and claims disclose patentably distinct features and limitations. For example, claims 1-7 disclose a tracking sensor wherein movement of the optical assembly relative to the chassis causes movement of the scale relative to the tracking sensor and an actuator (these features are not included in the other species) and claims 8-14 disclose a tracking assembly comprising a beam, a hinge, and a tracking sensor coupled to the beam by the hinge (these features are not included in the other species). The Examiner does agree that claims 15-20 read on the limitations associated with claims 1-7 and will be rejoined and examined below.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1-6, 15-17, and 19-20 is/are rejected under 35 U.S.C. 102(A)(1) as being anticipated by Patel (2017/0237977).
Regarding claims 1 and 15, Patel discloses, in figures 2 and 3, a head-mountable device (200/300, head mount display lens system) (paragraphs 0027 and 0029) comprising: a chassis (see annotated figure 2); an optical assembly (240, lens mount; 250, first display; 260, second display) configured to move relative to the chassis (paragraph 0028); a scale (220 and 230, gear assembly portions) between the chassis and the optical assembly (see figure 2 and paragraph 0028); a tracking sensor (positional encoder) between the chassis and the optical assembly (paragraph 0028), wherein movement of the optical assembly relative to the chassis causes movement of the scale relative to the tracking sensor, the tracking sensor (positional encoder) being biased against the scale and configured to detect a portion of the scale that is adjacent to the tracking sensor (paragraph 0028); and an actuator (210, motor) configured to control movement of the optical assembly based on the detected portion of the scale (paragraphs 0028 and 0030).
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Regarding claim 2, Patel discloses wherein: the optical assembly comprises: a display (250, first display; 260, second display) (paragraph 0028); an optical enclosure (240, lens mount) supporting the display (paragraph 0028); and a hanger (220a and 220b, rack portions) extending from the optical enclosure and defining a channel (paragraph 0031 and annotated figure 4); and the head-mountable device further comprises a guide rod extending through the channel (see figure 4 and paragraph 0031), wherein the actuator is operable to slide the optical assembly along the guide rod (paragraph 0031).
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Regarding claim 3, Patel discloses further comprising an eye sensor configured to detect a location of an eye relative to the optical assembly (paragraphs 0034 and 0036 and figure 7), wherein the actuator is further configured to control the movement of the optical assembly based on a detection by the tracking sensor (paragraph 0028).
Regarding claims 4 and 16, Patel discloses wherein the tracking sensor is biased against the scale by a beam and coupled to the beam by a hinge (figure 4 shows a hinge connecting the motor, which includes the positional encoder and the scale).
Regarding claim 5, Patel discloses wherein the tracking sensor is mounted to the optical assembly and the scale is mounted to the chassis (figure 2 shows the positional encode which is a part of the motor 210 is connected to the optical assembly, displays 250 and 260).
Regarding claim 6, Patel discloses wherein the tracking sensor is mounted to the chassis and the scale is mounted to the optical assembly (figure 2 shows the positional encode which is a part of the motor 210 mounted to the chassis).
Regarding claim 17, Patel discloses wherein the tracking assembly further comprises a hinge coupling the tracking sensor to the beam and allowing the tracking sensor to rotate relative to the beam (figure 4 shows a hinge connecting the motor, which includes the positional encoder and the scale) (paragraph 0028).
Regarding claim 19, Patel discloses wherein the tracking sensor is mounted to the optical assembly and the scale is mounted to the chassis (paragraph 0028 and figures 2 and 3).
Regarding claim 20, Patel discloses wherein the tracking sensor is mounted to the chassis and the scale is mounted to the optical assembly (paragraph 0028 and figures 2 and 3).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 7 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patel (2017/0237977) as applied to claim 1 above, and further in view of Stafford et al. (2020/0174552), hereinafter Stafford.
Regarding claim 7, Patel discloses all the limitations in common with claim 1, and such is hereby incorporated.
Patel does not disclose further comprising: a camera supported by the chassis and moveable with the optical assembly; a microphone supported by the chassis; a speaker supported by the chassis; and a head engager configured to secure the chassis to a head.
Stafford discloses, in figures 15 and 17, further comprising: a camera (1720, camera) supported by the chassis and moveable with the optical assembly (1706, display) (paragraph 0229); a microphone (1724, microphone) supported by the chassis (portion of the HMD that sits of the face) (paragraph 0229); a speaker (1722, speakers) supported by the chassis (paragraph 0229); and a head engager (HMD) configured to secure the chassis to a head (paragraph 0229) (figure 15).
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 device of Patel with the camera, microphone, and speaker of Stafford for the purpose of capturing images and providing audio input and output.
Regarding claim 18, Stafford discloses wherein the tracking sensor is an optical sensor, a magnetic sensor, an inductive sensor, a resistive sensor, a capacitive sensor, an eddy current sensor, or an interferometric sensor (paragraph 0171 discloses wherein the sensor can be a magnetometer, an accelerator, or a gyroscope).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDI N THOMAS whose telephone number is (571)272-2341. The examiner can normally be reached Monday - Friday 7:30 - 3:30.
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/BRANDI N THOMAS/ Primary Examiner, Art Unit 2872
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