DETAILED ACTION
Information Disclosure Statements
The information disclosure statement (IDS) submitted on 6/28/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 § 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 1-20 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.
No clear function or structure is provided.
Claims 1-20 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. Note the format of the claims in the patent(s) cited.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peper, US-20190037806.
In regards to claim 1, Peper discloses a structure for canine eyewear (Par. 0020 Animal Wearable HMD) comprising: a versatile design capable of accommodating various technologies and components (Par. 0021-0022 design for multiple animals and including multiple technological components); a secure mounting mechanism (Fig. 4A-C, 401 mounts + 201 optical module + frame of 400 goggle) for precise placement and integration of said technologies and components (Par. 0021-0022 design for multiple animals and including multiple technological components; Par. 0026 and 0032 sensors); integration of advanced components including but not limited to optical and audio modules, cameras, tracking systems, illumination systems, and more (Par. 0021-00222 components including a display, audio, cameras, olfactory and tactile feedback, and more; Par. 0026 and 0032 sensors); adjustable features to accommodate different shapes and materials for a comfortable and secure fit for any dog breed and size (Fig. 3A-B and 4A-C, 302 adjustable mounting arms and mounts 401; Par. 0044 adjustable mounting arms and mounts; Par. 0046 adjusting optical array); and protection for electronic components through the integration of protective plastic structures, ensuring longevity and safeguarding against potential damage (Fig. 4A-D, 201 optical module + frame of 400 goggle + 423 physical module all provide protection for the components).
In regards to claim 2, Peper discloses an optical module with waveguide technology for transmitting signals, videos, or projecting images onto the dogs' eyes through one or two lenses (Fig. 2A-B, 3A-B. and 4A-C; Par. 0033 optical module with waveguide projecting images); and an adjustable mounting mechanism utilizing screws, strong material, adapters, cables, and wireless connectivity for seamless integration and secure placement (Fig. 3A-B and 4A-C, 302 adjustable mounting arms and mounts 401; Par. 0044 adjustable mounting arms and mounts; Par. 0046 adjusting optical array).
In regards to claim 3, Peper discloses said structure is embedded within canine eyewear (Fig. 3A-B and 4A-C, 400 canine goggle) and further comprises a controller for easy control and operation (Par. 0026 processors).
In regards to claim 4, Peper discloses said structure is embedded within canine eyewear (Fig. 3A-B and 4A-C, 400 canine goggle) and further comprises a controller for easy control and operation (Par. 0026 processors).
In regards to claim 5, Peper discloses said structure is adaptable for use with other types of animals, expanding its potential applications beyond canines (Par. 0022 “The AW-HMD device disclosed herein is designed for animals, with at least some contemplated embodiments being particularly designed for mammals, and more particularly, for canines. However, the principles introduced here can additionally or alternatively be applied and/or adapted for use with other species, including non-mammalian species”).
In regards to claim 6, Peper discloses said structure is adaptable for use with other types of animals, expanding its potential applications beyond canines (Par. 0022 “The AW-HMD device disclosed herein is designed for animals, with at least some contemplated embodiments being particularly designed for mammals, and more particularly, for canines. However, the principles introduced here can additionally or alternatively be applied and/or adapted for use with other species, including non-mammalian species”).
In regards to claim 7, Peper discloses said structure is adaptable for use with other types of animals, expanding its potential applications beyond canines (Par. 0022 “The AW-HMD device disclosed herein is designed for animals, with at least some contemplated embodiments being particularly designed for mammals, and more particularly, for canines. However, the principles introduced here can additionally or alternatively be applied and/or adapted for use with other species, including non-mammalian species”).
In regards to claim 8, Peper discloses a method for enhancing canine visual experiences, communication, monitoring capabilities, and navigation, comprising the steps of: providing a structure for canine eyewear as claimed in claim 1 (see claim 1); integrating advanced components and technologies into said structure (Par. 0021-00222 components including a display, audio, cameras, olfactory and tactile feedback, and more; Par. 0026 and 0032 sensors); adjusting the structure for a customized and comfortable fit on dogs (Fig. 3A-B and 4A-C, 302 adjustable mounting arms and mounts 401; Par. 0044 adjustable mounting arms and mounts; Par. 0046 adjusting optical array); and activating and utilizing the integrated components to enhance visual experiences, facilitate communication, enable effective monitoring, and provide navigation capabilities for dogs (Par. 0020-0023 enhancing visual experiences, facilitating communication, enabling effective monitoring, and provide navigation capabilities for dogs).
In regards to claim 9, Peper discloses the structure further comprises: an optical module with waveguide technology for transmitting signals, videos, or projecting images onto the dogs' eyes through one or two lenses (Fig. 2A-B, 3A-B. and 4A-C; Par. 0033 optical module with waveguide projecting images); and an adjustable mounting mechanism utilizing screws, strong material, adapters, cables, and wireless connectivity for seamless integration and secure placement (Fig. 3A-B and 4A-C, 302 adjustable mounting arms and mounts 401; Par. 0044 adjustable mounting arms and mounts; Par. 0046 adjusting optical array).
In regards to claim 10, Peper discloses said structure is embedded within canine eyewear (Fig. 3A-B and 4A-C, 400 canine goggle) and further comprises a controller for easy control and operation (Par. 0026 processors).
In regards to claim 11, Peper discloses said structure is embedded within canine eyewear (Fig. 3A-B and 4A-C, 400 canine goggle) and further comprises a controller for easy control and operation (Par. 0026 processors).
In regards to claim 12, Peper discloses said structure is adaptable for use with other types of animals, expanding its potential applications beyond canines (Par. 0022 “The AW-HMD device disclosed herein is designed for animals, with at least some contemplated embodiments being particularly designed for mammals, and more particularly, for canines. However, the principles introduced here can additionally or alternatively be applied and/or adapted for use with other species, including non-mammalian species”).
In regards to claim 13, Peper discloses the integrated components and technologies include waveguide technology, a 360 camera, GPS, flashlight, audio system, and more (Par. 0021-00222 components including a display, audio, cameras, olfactory and tactile feedback, and more; Par. 0026 and 0032 sensors).
In regards to claim 14, Peper discloses a system for canine eyewear comprising the structure of claim 1, and further comprising: a web application for remote control and monitoring of the canine eyewear through an online interface (Par. 0050-0052 network/internet, i.e. web application, used by a remote user); and waveguide technology for transmitting visual or data information to the user (Fig. 2A-B waveguides 207 are in optical path of camera; Par. 0033 waveguide; Par. 0050-0052 network/internet, i.e. web application, used by a remote user who can see what the canine sees via camera).
In regards to claim 15, Peper discloses the structure further comprises: an optical module with waveguide technology for transmitting signals, videos, or projecting images onto the dogs' eyes through one or two lenses (Fig. 2A-B, 3A-B. and 4A-C; Par. 0033 optical module with waveguide projecting images); and an adjustable mounting mechanism utilizing screws, strong material, adapters, cables, and wireless connectivity for seamless integration and secure placement (Fig. 3A-B and 4A-C, 302 adjustable mounting arms and mounts 401; Par. 0044 adjustable mounting arms and mounts; Par. 0046 adjusting optical array).
In regards to claim 16, Peper discloses said structure is embedded within canine eyewear (Fig. 3A-B and 4A-C, 400 canine goggle) and further comprises a controller for easy control and operation (Par. 0026 processors).
In regards to claim 17, Peper discloses said structure is embedded within canine eyewear (Fig. 3A-B and 4A-C, 400 canine goggle) and further comprises a controller for easy control and operation (Par. 0026 processors).
In regards to claim 18, Peper discloses said structure is adaptable for use with other types of animals, expanding its potential applications beyond canines (Par. 0022 “The AW-HMD device disclosed herein is designed for animals, with at least some contemplated embodiments being particularly designed for mammals, and more particularly, for canines. However, the principles introduced here can additionally or alternatively be applied and/or adapted for use with other species, including non-mammalian species”).
In regards to claim 19, Peper discloses said structure is adaptable for use with other types of animals, expanding its potential applications beyond canines (Par. 0022 “The AW-HMD device disclosed herein is designed for animals, with at least some contemplated embodiments being particularly designed for mammals, and more particularly, for canines. However, the principles introduced here can additionally or alternatively be applied and/or adapted for use with other species, including non-mammalian species”).
In regards to claim 20, Peper discloses said system operates based on the integration and interaction of the components and technologies within the structure, providing enhanced visual experiences, communication, monitoring capabilities, and navigation for dogs (Par. 0020-0023 enhancing visual experiences, facilitating communication, enabling effective monitoring, and provide navigation capabilities for dogs).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CORY A ALMEIDA whose telephone number is (571)270-3143. The examiner can normally be reached M-Th 9AM-730PM.
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/CORY A ALMEIDA/Examiner, Art Unit 2628 8/21/25