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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 10 have been considered but are moot in view of the new grounds of rejection.
Claim Rejections - 35 USC § 112
Claims 1-24 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.
The term “substantially perpendicular” in claims 1 and 10 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “substantially” does not clearly define the amount for which the imaging device is to be perpendicular to a user’s face. The examiner acknowledges the applicant’s attempt to further define the amount for which the imaging device is to be perpendicular to a user’s face by including the limitation (+-20º), it is unclear if the limitation (+-20º) is intended to be construed as part of the claim since it is in parenthesis.
Claims 2-9 and 11-24 are rejected based on their respective dependencies upon claims 1 and 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFERY A WILLIAMS whose telephone number is (571)270-7579. The examiner can normally be reached M-F 8:00-5:00.
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/JEFFERY A WILLIAMS/Primary Examiner, Art Unit 2488