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DETAILED ACTION
Information Disclosure Statement
The information disclosure statements filed 09/10/2024, 01/10/2025 and 05/23/2025 have been fully considered and are attached hereto.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1, 3-13 15-21 are rejected on the grounds of nonstatutory double patenting as being unpatentable over claims 1-9 and 14 of U.S. patent application No. 18,243,048 to Aguirre et al.
Although the Claims at issue are not identical, they are not patentably distinct from each other because Claims 1-14 are anticipated by claims 1-5, 7-11, 16-17 and 19 of the patent to Aguirre ‘806.
Regarding Claim 1, Patent application Claims 1 and 2 of Aguirre ‘048 recites (recitation of ‘0408 in parenthesis).
A wearable electronic device of an augmented reality system having a head-worn display, the wearable electronic device comprising (Cl 1, A wearable electronic of an augmented reality system having a head-worn display, the portable electronic device comprising): a housing including a first enclosure having a first compartment in which one or more electronic components for operating aspects of the augmented reality system are disposed (Cl. 1, verbatim), a second enclosure having a second compartment in which a battery for supplying power to at least a portion of the wearable electronic device is disposed (Cl. 1, verbatim), and a connection portion extending between the first and second enclosures, the connection portion comprising a channel that provides fluid communication between the first and second compartments (Cl. 1, verbatim), wherein the first enclosure is supported relative to the second enclosure by the connection portion (Cl. 1, wherein the first enclosure is supported in a cantilevered manner relative to the second enclosure by the connection portion) such that the first enclosure is separated from the second enclosure at a location spaced away from the connection portion by a gap to provide thermal separation between the one or more electronic components disposed in the first compartment and the battery disposed in the second compartment (Cl. 1, verbatim), wherein the housing is configured to be worn by a user by utilizing the gap between the first and second enclosures (Cl. 1, verbatim), and wherein the first enclosure is connected to the second enclosure solely by the connection portion (Cl. 2, verbatim).
Regarding Claim 3, wherein each of the first and second enclosures have a proximal end near the connection portion and a distal end opposite the proximal end, and the distal ends of the first and second enclosures are free ends (Cl. 3, verbatim).
Regarding Claim 4, wherein the gap extends from an outer periphery of the connection portion radially outward without interruption (Cl. 4, verbatim).
Regarding Claim 5, wherein each of the first and second enclosures are disc-shaped (Cl. 5, verbatim).
Regarding Claim 6, wherein the one or more electronic components disposed in the first compartment comprise a processor (Cl. 6, verbatim).
Regarding Claim 7, wherein the channel of the connection portion has a cross-sectional area that is smaller than a cross-sectional area of the first compartment taken along a direction parallel to a maximum dimension of the first compartment, and that is smaller than a cross-sectional area of the second compartment taken along a direction parallel to a maximum dimension of the second compartment (Cl. 7, verbatim).
Regarding Claim 8, further comprising a connector configured to connect the wearable electronic device to the head-worn display of the augmented reality system to facilitate electrical communication therebetween (Cl. 8, verbatim).
Regarding Claim 9, further comprising a clip disposed in the gap between the first and second compartments to assist in securing the wearable electronic device to the user during operation of the augmented reality system (Cl. 9, verbatim).
Regarding Claim 10, A wearable electronic of an augmented reality system having a head-worn display, the portable electronic device comprising: a housing including a first enclosure having a first compartment in which one or more electronic components for operating aspects of the augmented reality system are disposed, a second enclosure having a second compartment in which a battery for supplying power to at least a portion of the wearable electronic device is disposed, and a connection portion extending between the first and second enclosures, the connection portion comprises a channel that provides fluid communication between the first and second compartments (Cl. 1, verbatim), wherein the first enclosure is supported relative to the second enclosure by the connection portion (Cl. 1, wherein the first enclosure is supported in a cantilevered manner relative to the second enclosure by the connection portion) such that the first enclosure is separated from the second enclosure at a location spaced away from the connection portion by a gap to provide thermal separation between the one or more electronic components disposed in the first compartment and the battery disposed in the second compartment (Cl. 1, verbatim), and wherein the first enclosure is connected to the second enclosure solely by the connection portion (Cl. 2, verbatim).
Regarding Claim 11, wherein the housing is configured to be worn by a user by utilizing the gap between the first and second enclosures (Cl. 1, verbatim).
Regarding Claim 12, wherein the channel of the connection portion has a cross-sectional area that is smaller than a cross-sectional area of the first compartment taken along a direction parallel to a maximum dimension of the first compartment, and that is smaller than a cross-sectional area of the second compartment taken along a direction parallel to a maximum dimension of the second compartment (Cl. 7, verbatim).
Regarding Claim 13, further comprising: a thermal mitigation assembly disposed in the first enclosure to assist in removing heat generated from the one or more electronic components disposed in the first enclosure and the battery disposed in the second enclosure (Cl. 14, verbatim).
Regarding Claim 15, wherein each of the first and second enclosures have a proximal end near the connection portion and a distal end opposite the proximal end, and the distal ends of the first and second enclosures are free ends (Cl. 3, verbatim).
Regarding Claim 16, wherein the gap extends from an outer periphery of the connection portion radially outward without interruption (Cl. 4, verbatim).
Regarding Claim 17, wherein each of the first and second enclosures are disc-shaped (Cl. 5, verbatim).
Regarding Claim 18, further comprising a connector configured to connect the wearable electronic device to the head-worn display of the augmented reality system to facilitate electrical communication therebetween (Cl. 8, verbatim).
Regarding Claim 19, further comprising a clip disposed in the gap between the first and second compartments to assist in securing the wearable electronic device to the user during operation of the augmented reality system (Cl. 9, verbatim).
Regarding Claim 20, A wearable electronic of an augmented reality system having a head-worn display (Cl. 1, verbatim), the portable electronic device comprising: (Cl. 1, the wearable electronic device comprising:) a housing including a first enclosure having a first compartment in which one or more electronic components for operating aspects of the augmented reality system are disposed, a second enclosure having a second compartment in which a battery for supplying power to at least a portion of the wearable electronic device is disposed, and a connection portion extending between the first and second enclosures, the connection portion comprises a channel that provides fluid communication between the first and second compartments (Cl. 1, verbatim), wherein the first enclosure is supported relative to the second enclosure by the connection portion (Cl. 1, wherein the first enclosure is supported in a cantilevered manner relative to the second enclosure by the connection portion) such that the first enclosure is separated from the second enclosure at a location spaced away from the connection portion by a gap to provide thermal separation between the one or more electronic components disposed in the first compartment and the battery disposed in the second compartment (Cl. 1, verbatim), and wherein each of the first and second enclosures have a proximal end near the connection portion and a distal end opposite the proximal end, and the distal ends of the first and second enclosures are free ends (Cl. 3, verbatim).
Regarding Claim 21, A wearable electronic of an augmented reality system having a head-worn display (Cl. 1, verbatim), the portable electronic device comprising: (Cl. 1, the wearable electronic device comprising:) a housing including a first enclosure having a first compartment in which one or more electronic components for operating aspects of the augmented reality system are disposed, a second enclosure having a second compartment in which a battery for supplying power to at least a portion of the wearable electronic device is disposed, and a connection portion extending between the first and second enclosures, the connection portion comprises a channel that provides fluid communication between the first and second compartments (Cl. 1, verbatim), wherein the first enclosure is supported relative to the second enclosure by the connection portion (Cl. 1, wherein the first enclosure is supported in a cantilevered manner relative to the second enclosure by the connection portion) such that the first enclosure is separated from the second enclosure at a location spaced away from the connection portion by a gap to provide thermal separation between the one or more electronic components disposed in the first compartment and the battery disposed in the second compartment (Cl. 1, verbatim), and wherein the gap extends from an outer periphery of the connection portion radially outward without interruption (Cl. 4, verbatim).
Allowable Subject Matter
Claims 2 and 14 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 and an approved terminal disclaimer is filled.
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Claims 1, 3-13 and 15-21 would be allowable if an approved terminal disclaimer is filled.
The following is an examiner’s statement of reasons for allowance:
With respect to Claims 1, 3-13 and 15-21, the allowability resides in the overall structure of the device as recited in independent Claims 1, 10 and 20-21 and at least in part because Claims 1, 10 and 20-21 recite, “a housing including a first enclosure having a first compartment in which one or more electronic components for operating aspects of the augmented reality system are disposed, a second enclosure having a second compartment in which a battery for supplying power to at least a portion of the wearable electronic device is disposed, and a connection portion extending between the first and second enclosures, the connection portion comprising a channel that provides fluid communication between the first and second compartments, wherein the first enclosure is supported relative to the second enclosure by the connection portion such that the first enclosure is separated from the second enclosure at a location spaced away from the connection portion by a gap to provide thermal separation between the one or more electronic components disposed in the first compartment and the battery disposed in the second compartment” in Claim 1 and “a housing including a first enclosure having a first compartment in which one or more electronic components for operating aspects of the augmented reality system are disposed, a second enclosure having a second compartment in which a battery for supplying power to at least a portion of the wearable electronic device is disposed, and a connection portion extending between the first and second enclosures, the connection portion comprises a channel that provides fluid communication between the first and second compartments, wherein the first enclosure is supported relative to the second enclosure by the connection portion such that the first enclosure is separated from the second enclosure at a location spaced away from the connection portion by a gap to provide thermal separation between the one or more electronic components disposed in the first compartment and the battery disposed in the second compartment” in Claims 10 and 20-21..
The aforementioned limitation in combination with all remaining limitations of Claims 1, 10 and 20-21 are believed to render said Claims 1, 10 and 20-21 and all Claims dependent therefrom (Claims 2-9, 11-19) patentable over the art of record.
The closest art of record is believed to be that of Tsuboi et al. (US 5,610,678 – hereafter “Tsuboi”).
While Tsuboi Figs 1-7 teaches a housing (housing of 302), (Fig 6) including a first enclosure having a first compartment (321) in which one or more electronic components (electric arrangements, Col 6, II. 63-67), (Fig 7) for operating aspects of the augmented reality system are disposed (Fig 1), a second enclosure having a second compartment (324) in which a battery (324a) for supplying power to at least a portion of the wearable electronic device (302) is disposed, and a connection portion (322) extending between the first and second enclosures, wherein the first enclosure (321) is supported in a cantilevered manner relative to the second enclosure (324) by the connection portion (322) such that the first enclosure (321) is separated from the second enclosure (324) at a location spaced away from the connection portion by a gap (gap between 321 and 324), (Fig. 6) to provide thermal separation between the one or more electronic components (electric arrangements, Col 6, II. 63-67), (Fig 7) disposed in the first compartment (321) and the battery (324a) disposed in the second compartment (324), (Fig 6), however, neither Tsuboi nor any other art of record, either alone or in combination, teach or suggest above-mentioned limitations of Claims 1, 10 and 20-21.
Any comment considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submission should be clearly labeled “Comments on Statement of Reasons for Allowance”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure; Head Mounted Display and Control Method for Head mounted Display US 2018/0217379, Touch Sensor for Controlling Eyewear US 2011/0194029, Head-Mounted Display Device, Control Method for Head-Mounted Device, Work Supporting Stem US 2014/0168266, Image Capturing Apparatus US 2005/0195277.. Other pertinent art made of record are on form PTO-892 notice of reference cited.
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/AMIR A JALALI/Primary Examiner, Art Unit 2841
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