DETAILED ACTION
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9 and 13-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Villalpando (2020/0292843).
Regarding Claim 1: Villalpando teaches a head-mountable (100, 400) device comprising: a frame (102, 132, 402) comprising a display (paragraph [0037]); arms (134, 144, 404, 414) configured to be releasably and operably coupled to the frame, wherein each of the arms is pivotable with respect to the frame (paragraph [0026] and [0036]); earpieces (410, 430) each configured to be releasably and operably coupled to a corresponding one of the arms (paragraphs [0033] and [0050]); and an accessory device configured to be releasably and operably coupled to at least one of the earpieces (fig. 12 and paragraph [0074]).
Regarding Claim 2: Villalpando teaches the arms comprise: a first arm (figs. 1-4); and a second arm (figs. 1-4); and the earpieces comprise: a first earpiece operably coupled to the first arm (figs. 1-4); and a second earpiece operably coupled to the second arm (figs. 1-4).
Regarding Claim 3: Villalpando teaches the frame supports a processor; and the accessory device further comprises an accessory circuit, wherein the accessory circuit is configured to be operably coupled to the processor through at least one of the earpieces and at least one of the arms (paragraphs [0046], [0074], [0030], [0036]).
Regarding Claim 4: Villalpando teaches the accessory circuit comprises a sensor (paragraph [0036]).
Regarding Claim 5: Villalpando teaches the accessory circuit comprises a battery (paragraph [0037]).
Regarding Claim 6: Villalpando teaches the accessory device comprises accessory connectors at opposing ends of the accessory device (fig. 12).
Regarding Claim 7: Villalpando teaches the accessory device is configured to be arranged in: a first configuration with each of the accessory connectors engaged to a corresponding one of the earpieces; and a second configuration with a first one of the accessory connectors engaged to a first one of the earpieces and a second one of the accessory connectors engaged to an external device to provide operable communication between the external device and the first one of the earpieces (all described in claim 38 and shown in fig. 2).
Regarding Claim 8: Villalpando teaches the head-mountable device further comprises: a camera supported by the frame; an eye sensor supported by the frame; speakers supported by the arms; and batteries supported by the earpieces (paragraph [0036]).
Regarding Claim 9: Villalpando teaches a head-mountable device (100, 400) comprising: a frame (102, 132, 402) comprising a frame connector (paragraph [0036]); and an arm (134, 144) comprising an arm connector configured to releasably engage the frame connector to couple the arm to the frame and allow the arm to rotate with respect to the frame (paragraph [0036]), the arm connector being further configured to maintain an operable connection with the frame connector throughout rotation of the arm with respect to the frame (paragraphs [0042] and [0045]).
Regarding Claim 13: Villalpando teaches the frame connector is a first frame connector (figs. 1-4); the arm is a first arm (figs. 1-4); the arm connector is a first arm connector (figs. 1-4); the frame comprises a second frame connector (figs. 1-4); and the head-mountable device further comprises a second arm comprising a second arm connector configured to releasably engage the second frame connector to couple the second arm to the frame (figs. 1-4).
Regarding Claim 14: Villalpando teaches the frame further comprises: an optical assembly; and a temple portion extending away from the optical assembly, the temple portion containing a light projector directed toward the optical assembly, the temple portion supporting the frame connector (paragraph [0036]).
Regarding Claim 15: Villalpando teaches a system (100, 400) comprising: a frame (102, 132, 402) comprising: a frame electronic circuit (paragraphs [0030] and [0036]); and a frame connector (paragraph [0036]); and an arm (252) comprising: a first arm connector configured to releasably engage the frame connector (paragraph [0036]); and a second arm connector (paragraph [0043]); a first earpiece (264) comprising: an earpiece electronic circuit (260); and a first earpiece connector (280), wherein the earpiece electronic circuit is configured to be operably connected to the frame electronic circuit via the arm when the first earpiece connector releasably engages the second arm connector (paragraphs [0043]-[0044); and a second earpiece (210) comprising a second earpiece connector configured to releasably engage the second arm connector without providing a communication link between the second earpiece and the arm (paragraph [0039]).
Regarding Claim 16: Villalpando teaches the first arm connector is configured to allow the arm and the first earpiece to rotate with respect to the frame, wherein the first arm connector is further configured to maintain an operable connection with the frame connector throughout rotation of the arm with respect to the frame (paragraphs [0042] and [0045]).
Regarding Claim 17: Villalpando teaches the second earpiece further comprises an additional earpiece connector configured to releasably engage an accessory device (paragraph [0074]).
Regarding Claim 18: Villalpando teaches the earpiece electronic circuit is a battery (paragraph [0036]).
Regarding Claim 19: Villalpando teaches the frame electronic circuit is a first processor; and the earpiece electronic circuit is a second processor (paragraphs [0046], [0074], [0030], [0036]).
Regarding Claim 20: Villalpando teaches the first earpiece has a size and a shape that is identical to a size and a shape of the second earpiece (fig. 2).
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.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Villalpando (2020/0292843) as applied to the claims above, and further in view of Sugihara (2015/0212329).
Regarding Claim 10: Villalpando lacks a specific teaching of at least one of the frame connector and the arm connector are biased by a spring against the other of the frame connector and the arm connector.
Sugihara teaches at least one of the frame connector and the arm connector are biased by a spring against the other of the frame connector and the arm connector (figs. 8a-9d).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus of Villalpando by having at least one of the frame connector and the arm connector are biased by a spring against the other of the frame connector and the arm connector as disclosed by Sugihara in order to allow for a better more secure connection between the components of the apparatus and there for decreasing the chances of damage to the components requiring repair of replacement.
Regarding Claim 11: Villalpando lacks a specific teaching of the arm connector is a first arm connector, the arm comprises a second arm connector, and the first arm connector and the second arm connector are biased away from each other to engage the frame connector.
Sugihara teaches the arm connector is a first arm connector (fig. 9), the arm comprises a second arm connector (fig. 9), and the first arm connector and the second arm connector are biased away from each other to engage the frame connector (figs. 9a-9d).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus of Villalpando by having the arm connector is a first arm connector, the arm comprises a second arm connector, and the first arm connector and the second arm connector are biased away from each other to engage the frame connector as disclosed by Sugihara in order to allow for a better more secure connection between the components of the apparatus and there for decreasing the chances of damage to the components requiring repair of replacement.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Villalpando (2020/0292843) as applied to the claims above, and further in view of Osterhout (2015/0309534).
Regarding Claim 12: Villalpando lacks a specific teaching of an earpiece configured to be releasably and operably coupled to the arm and rotate with the arm and with respect to the frame.
Osterhout teaches an earpiece configured to be releasably and operably coupled to the arm and rotate with the arm and with respect to the frame (figs. 5a-5f and paragraph [0033]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus of Villalpando by having an earpiece configured to be releasably and operably coupled to the arm and rotate with the arm and with respect to the frame as disclosed by Osterhout in order to allow for a better more secure connection between the components of the apparatus and there for decreasing the chances of damage to the components requiring repair of replacement.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY MICHAEL HAUGHTON whose telephone number is (571)272-9087. The examiner can normally be reached M-F 9a-5p.
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/ANTHONY M HAUGHTON/Primary Examiner, Art Unit 2841