CTNF 18/778,761 CTNF 89954 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 The information disclosure statements (IDS) submitted on 7/19/2024, 12/4/2024, 6/24/2025, and 12/30/2025 were /considered by the examiner. Claim Objections 07-29-01 AIA Claim 16 is objected to because of the following informalities: the phrases “an first layer” and “an second layer” are assumed to be typographical errors. Examiner suggests that the phases should have been written “[[an]] a first layer” and “[[an]] a second layer” . Appropriate correction is required. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1, 4, 5, 6, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2018/0210492) in view of Yi et al. (US 2018/0157043) . Regarding Claim 1, Chen discloses a head mountable display device (Fig. 1B, head-mounted display 1, Paragraph 0020, lines 1-6), comprising: a frame defining an aperture (Fig. 1B, frame 20 and opening 200 which defines the aperture, Paragraph 0020, lines 1-11); an optical assembly disposed in the aperture (Fig. 1A, electronic device 5, Paragraph 0019, lines 1-6, and Fig. 1B, optical elements 22, Paragraph 0020, lines 15-18); and a curtain assembly (Fig. 1B, inflatable lining module 4, Paragraph 0020, lines 1-11), the curtain assembly comprising: a first layer (Fig. 3, lining 47, Paragraph 0020, lines 1-21); and a second layer free of affixation to the first layer (Fig. 3, inflatable cushion 41, Paragraph 0020, lines 1-21). Chen does not specifically disclose a curtain assembly … extending between the frame and the optical assembly and occluding the aperture … between the frame and the optical assembly. However, Yi, in the same field of endeavor, discloses a curtain assembly (Fig. 2B, body portion 201, Paragraph 0124, lines 1-8) … extending between the frame and the optical assembly and occluding the aperture (Fig. 2B, body portion 201 entirely fills the aperture as shown) … between the frame and the optical assembly (Fig. 2B, body portion 201, extends from the lenses 210 to the inner edge of the aperture, as shown), for the purpose of blocking stray light to improve the viewing experience of the user. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the display device of Chen with a curtain assembly … extending between the frame and the optical assembly and occluding the aperture … between the frame and the optical assembly, of Yi, for the purpose of blocking stray light to improve the viewing experience of the user. Regarding Claim 4, Chen in view of Yi discloses as is set forth above and Chen further discloses wherein the first layer comprises a woven fabric material (Fig. 3, lining 47 is made of a light and comfortable fabric, Paragraph 0026, lines 1-2). Regarding Claim 5, Chen in view of Yi discloses as is set forth above but doesn’t specifically disclose wherein the second layer comprises a polymer material. However, Chen discloses that the second layer is an inflatable cushion (Fig. 3, inflatable cushion 41, Paragraph 0020, lines 1-21), Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to include wherein the second layer comprises a polymer material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of design choice (it would have been obvious to one of ordinary skill in the art to use a polymer material for an inflatable cushion because a polymers can be stretchable and flexible). The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), also In re Leshin, 125 USPQ 146. Regarding Claim 6, Chen in view of Yi discloses as is set forth above and Yi further discloses wherein: the aperture is a first aperture; the curtain assembly further includes a back plate defining a second aperture; (See annotated Fig. 2B, below) PNG media_image1.png 358 358 media_image1.png Greyscale and the optical assembly is disposed in the second aperture (Fig. 2C, lenses 210), for the purpose of blocking stray light to improve the viewing experience of the user. Regarding Claim 9, Chen in view of Yi discloses as is set forth above and Chen further discloses wherein the optical assembly comprises a lens and a display screen (Fig. 1A, electronic device 5, Paragraph 0019, lines 1-6, and Fig. 1B, optical elements 22, Paragraph 0020, lines 15-18). Examiner’s Statement/Reasons for Allowance Regarding Claim 10, Chen et al. (US 2018/0210492) discloses a display device, comprising: a frame (Fig. 1B, frame 20, Paragraph 0020, lines 1-11); an optical assembly (Fig. 1A, electronic device 5, Paragraph 0019, lines 1-6, and Fig. 1B, optical elements 22, Paragraph 0020, lines 15-18) coupled to the frame (Fig. 1B, as shown) and including: Yi et al. (US 2018/0157043) discloses a lens (Fig. 2C, lenses 210); and Son et al. (US 2019/0384071) also discloses a motor configured to move the lens relative to the frame (Paragraph 0055, lines 5-11, motor 53 moves lenses 31); and Chen et al. (US 2018/0210492) additionally discloses a flexible curtain coupled between the frame and the lens (Fig. 1B, inflatable lining module 4, Paragraph 0020, lines 1-11). However, neither Chen et al. (US 2018/0210492), Yi et al. (US 2018/0157043), nor Son et al. (US 2019/0384071) disclose “… the flexible curtain configured to stretch and contract when the motor moves the lens.”. Regarding Claim 16, Yi et al. (US 2018/0157043) discloses a wearable electronic display device, comprising: a frame (See annotated Fig. 2B, below); Son et al. (US 2019/0384071) also discloses an optical lens adjustably coupled to the frame (Paragraph 0034, lines 5-16, lenses 31 and 33 are mounted to the case 10, Fig. 4); a motor configured to adjust the optical lens (Paragraph 0055, lines 5-11, motor 53 moves lenses 31); and Yi et al. (US 2018/0157043) additionally discloses a curtain assembly coupled to the frame and the optical lens (See annotated Fig. 2B, below), the curtain assembly comprising: a first layer extending between the frame and the lens (See annotated Fig. 2B, below); and a second layer extending between the frame and the lens (See annotated Fig. 2B, below). PNG media_image2.png 358 358 media_image2.png Greyscale However, neither Yi et al. (US 2018/0157043) nor Son et al. (US 2019/0384071) disclose “… a first layer extending between the frame and the lens in tension …”. Examiner’s Statement/Reasons for Allowance 12-151-07 AIA 07-97 12-51-07 Claim s 10-20 are allowed. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103 . Specifically, regarding the allowability of independent claim 10: The prior art of record does not disclose or suggest a display device comprising “… the flexible curtain configured to stretch and contract when the motor moves the lens.”, along with other claim limitations. Claims 11-15 are allowable due to pendency on independent claim 10. Specifically, regarding the allowability of independent claim 16: The prior art of record does not disclose or suggest a wearable electronic display device comprising “… a first layer extending between the frame and the lens in tension …”, along with other claim limitations. Claims 17-20 are allowable due to pendency on independent claim 16 . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2-3 and 7-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103 . Specifically, with respect to claim 2, none of the prior art either alone or in combination disclose or teach a head mountable display device including, as the distinguishing feature(s) in combination with the other limitations, wherein the curtain assembly includes a first edge coupled to the frame and a second edge coupled to the optical assembly; and the first layer is fixed in position relative to the second layer at the first edge and at the second edge. Specifically, with respect to claim 7, none of the prior art either alone or in combination disclose or teach a head mountable display device including, as the distinguishing feature(s) in combination with the other limitations, wherein: the first layer is coupled to the back plate at an outer peripheral edge of the curtain assembly; the second layer is coupled to the back plate at the outer peripheral edge; and the back plate is coupled to the frame at the outer peripheral edge . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (US 11,500,202), Lee et al. (US 2020/0409150), Kathirchelvan et al. (US 2026/0086602), Ellis et al. (US 2019/0041899), Morris et al. (US 11,782,282), McCracken et al. (US 2020/0341283), and Song et al. (US 2018/0003919) are cited to show similar display devices . Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R ALEXANDER whose telephone number is (571)270-7656. The examiner can normally be reached M-F 8:30 AM- 4:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached on (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WILLIAM R ALEXANDER/ Primary Examiner, Art Unit 2872 Application/Control Number: 18/778,761 Page 2 Art Unit: 2872 Application/Control Number: 18/778,761 Page 3 Art Unit: 2872 Application/Control Number: 18/778,761 Page 4 Art Unit: 2872 Application/Control Number: 18/778,761 Page 5 Art Unit: 2872 Application/Control Number: 18/778,761 Page 6 Art Unit: 2872 Application/Control Number: 18/778,761 Page 7 Art Unit: 2872 Application/Control Number: 18/778,761 Page 8 Art Unit: 2872 Application/Control Number: 18/778,761 Page 9 Art Unit: 2872 Application/Control Number: 18/778,761 Page 10 Art Unit: 2872
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