DETAILED ACTION
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 .
Drawings
The drawings were received on 09/10/2024. These drawings are acceptable.
Claim Rejections - 35 USC § 103
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.
Claims 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. US PGPub 2022/0179215 A1 (hereinafter, “Jeon”) in view of Villalpando et al. US PGPub 2020/0292843 A1 (hereinafter, “Villalpando”).
Regarding independent claim 1, Jeon discloses a wearable electronic device (refer to at least title and abstract, and see Fig. 2 depicting wearable electronic device 200), comprising:
a frame (Fig. 2, device 200 includes housing 210 with lens frame 202, par. [0056]);
a lens coupled to the frame (Fig. 2, lens frame 202, par. [0056], implies the existence of a lens held by frame 202, and Fig. 2 depicts device 200 in the form of glasses-type electronic device, par. [0055], where display member 201 may include a lens, par. [0057]);
a support arm coupled to the frame (Fig. 2, device 200 with housing 210 includes at least one wearing member 203, par. [0056], where member 203 is equivalent to a support arm);
a light emitter coupled to the support arm, the light emitter providing light to a portion of the lens (Fig. 3 depicts device 200 with light output module 211, par. [0066], where module 211 is coupled to the wearing member 203, and light output module 211 provides image light to display member 201, par. [0066]); and
a contact member at least partially disposed within the frame (Fig. 4, wearable electronic device 200 includes wearing member 203 which includes inner case 231 configured to directly contact the user’s body, par. [0089], equivalent to a contact member, and connecting member 235 may be in contact with the user’s body, par. [0090], also equivalent to a contact member, and Figs. 2, 3, and 4 show a bridge equivalent element between and connecting display members 201 that would rest on the nose of a user when device 200 is worn, also equivalent to a contact member and is at least partially disposed within the frame of wearable electronic device 200).
Jeon does not disclose a contact member being removably coupled to the frame (Fig. 4, inner case 231 is rotatably coupled to lens frame 202, par. [0090], and connecting member 235 is connected to wearing member 203, but neither element 231 nor 235, nor the bridge element equivalent between display members 201, are taught or suggested as being removably coupled to the frame of wearable electronic device 200).
In the same field of invention, Villalpando discloses a modular reconfigurable eyewear system, shown in at least Figs. 1 and 5, for electronic wearable devices (refer to at least Fig. 4 showing eyewear device 400 with electrical pathway schematic 480, par. [0051], therefore the reconfigurable eyewear device is electronic) including a modularized nose pad 504 that is releasably couplable to the modular reconfigurable eyewear system shown in Fig. 5 (par. [0052]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Villalpando to the disclosure of Jeon and modified lens frame 202 to include a releasably couplable nose pad to wearable electronic device 200 in the bridge equivalent element between display members 201, because Villalpando teaches modularization of nose pads permits a user to swap nose pads in order to improve the fit between the eyewear and the user's nose and facial structure (Villalpando, par. [0052]).
Regarding dependent claim 8, Jeon in view of Villalpando discloses the wearable device of claim 1, and Jeon further discloses wherein:
the support arm defines a longitudinal axis (Jeon Fig. 2, wearing member 203 defines a longitudinal axis for wearable electronic device 200, par. [0056]); and
the light emitter (i.e., Jeon light output module 211, par. [0066]) rotates about an axis of rotation that intersects the longitudinal axis (Jeon Fig. 3, wearing members 203 may be rotatably coupled to the lens frame 202 through hinge structures 229, par. [0059], and light output module 211 rotates relative to wearing member 203 when hinge structure 229 is engaged by pivoting, therefore the module 211 rotates about an axis that intersects the longitudinal axis defined by wearing member 203).
Claims 2-3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Villalpando as applied to claim 1 above, and further in view of Knoblach EP 3511765 A1 (where a machine translation is cited, hereinafter, “Knoblach“).
Regarding dependent claim 2, Jeon in view of Villalpando discloses the wearable device of claim 1, and Villalpando further discloses wherein:
the contact member comprises a first modular contact member and a second modular contact member (Villalpando Fig. 5, modularized nose pad 504 is modularized to allow swapping of nose pads to improve fit of the eyewear on the user’s nose and face, par. [0052]); and
the first modular contact member is replaceable by the second modular contact member (Villalpando Fig. 5, modularized nose pad 504 is modularized to allow swapping of nose pads to improve fit of the eyewear on the user’s nose and face, par. [0052]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Villalpando to the disclosure of Jeon and modified lens frame 202 to include a releasably couplable nose pad to wearable electronic device 200 in the bridge equivalent element between display members 201, because Villalpando teaches modularization of nose pads permits a user to swap nose pads in order to improve the fit between the eyewear and the user's nose and facial structure (Villalpando, par. [0052]).
The prior art combination of Jeon in view of Villalpando does not disclose the first and second modular contact members having first and second size attributes different from each other (Jeon does not disclose modular contact members, and Villalpando teaches swappable nose pads, par. [0052], but does not explicitly teach or suggest different sizes for the swappable nose pads).
In a related field of invention, Knoblach discloses spectacle frames with exchangeable nose pads (par. [0001]), see Figs. 1 and 2, with nose pads of different sizes available for exchanging (par. [0011]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Knoblach to the disclosure of Jeon, as modified according to Villalpando to include exchangeable nose pads, to enable simple replacement of the nose pad, so that nose pads of different sizes and adapted to different nose widths can be used, because Knoblach teaches such a system makes it possible to quickly exchange nose pads of different sizes and adapt them to the needs of the spectacle wearer (Knoblach, par. [0011]).
Regarding dependent claim 3, Jeon in view of Villalpando and Knoblach discloses the wearable device of claim 2, and Knoblach further discloses wherein the second modular contact member extends further from the frame than the first modular contact member (Knoblach teaches nose pads of different sizes, therefore, as best understood by the Examiner, Knoblach teaches nose pads with different thicknesses and/or widths, which suggest that different nose pads would extend further from the frame of wearable electronic device 200 of Jeon, as modified according to Villalpando, than other nose pads, because the purpose of the swappable nose pads taught by Knoblach is to accommodate different spectacle wearers’ noses and faces by being different sizes).
Regarding dependent claim 6, Jeon in view of Villalpando discloses the wearable device of claim 1, but the prior art combination does not disclose wherein the contact member extends a first distance from the frame in a first configuration and extends a second distance from the frame in a second configuration, the second distance being different from the first distance (Jeon does not disclose modular contact members, and Villalpando teaches swappable nose pads, par. [0052], but does not explicitly teach or suggest different sizes for the swappable nose pads, therefore does not teach or suggest different distances for different configurations of the modular nose pads 504).
In a related field of invention, Knoblach discloses spectacle frames with exchangeable nose pads (par. [0001]), see Figs. 1 and 2, with nose pads of different sizes available for exchanging (par. [0011]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Knoblach to the disclosure of Jeon, as modified according to Villalpando to include exchangeable nose pads, to enable simple replacement of the nose pad, so that nose pads of different sizes and adapted to different nose widths can be used, because Knoblach teaches such a system makes it possible to quickly exchange nose pads of different sizes and adapt them to the needs of the spectacle wearer (Knoblach, par. [0011]), and as a consequence, the prior art combination teaches and renders obvious the limitation wherein the contact member extends a first distance from the frame in a first configuration and extends a second distance from the frame in a second configuration, the second distance being different from the first distance, because nose pads of different sizes would extend different distances from the frame in different configurations.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Villalpando as applied to claim 1 above, and further in view of McCabe et al. US PGPub 2017/0160562 A1 (hereinafter, “McCabe”).
Regarding dependent claim 4, Jeon in view of Villalpando discloses the wearable device of claim 1, but the prior art combination does not explicitly disclose wherein the contact member is threadably fastened to the frame (Jeon does not modular or swappable contact members, and while Villalpando does teach swappable nose pads, equivalent to contact members, Villalpando does not teach or suggest threadably fastened nose pads).
In a related field of invention, McCabe discloses eyewear 100, shown in at least Figs. 1-4, with traction surface 150 positioned on traction member 152 (par. [0046]) where the coupling between traction member 152 and support 110 can be removable by the use of removable fasteners such as threaded screws and/or threaded bolts (par. [0047]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of McCabe to the disclosure of Jeon, as modified according to Villalpando, to include removably swappable nose pads on wearable electronic device 200 that are fastened by threaded members, because McCabe teaches such a threadably fastened traction member reduces the likelihood of removal or slippage in undesired directions (McCabe, par. [0046]).
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Villalpando as applied to claim 1 above, and further in view of Brinson US PGPub 2020/0310157 A1 (hereinafter, “Brinson”).
Regarding dependent claim 5, Jeon in view of Villalpando discloses the wearable device of claim 1, and Villalpando further discloses wherein the contact member is removably coupled to the frame (Villalpando Fig. 5, modularized nose pad 504 is releasably couplable to the modular reconfigurable eyewear system, par. [0052]).
The prior art combination does not disclose the contact member is removably coupled to the frame by a magnet (Jeon does not disclose releasably couplable elements, and Villalpando teaches the use of magnetic attraction to engage and secure temple module inserts, par. [0039], but Villalpando does not teach magnetic coupling for nose pad 504).
In a related field of invention, Brinson teaches a removably attachable nose pad assembly for eyeglass frames (refer to at least title, abstract, and Figs. 1 and 2), where a magnetic attachment element in both the second attachment portion 115 of the attachment base part 105 and the attachment segment 225 of the linkage framework 130 enables the nose pad assembly 125 to removably attach to the bridge section 210 of the eyeglass frame 205 (par. [0067]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Brinson to the disclosure of Jeon, as modified according to Villalpando, to make the swappable nose pads attached via magnetic attraction, because Brinson teaches a magnetically attachable nose pad assembly is suitably adjustable for the nose of a user (Brinson, par. [0062]).
Regarding dependent claim 7, Jeon in view of Villalpando discloses the wearable device of claim 1, and Jeon further discloses wherein:
the lens comprises a first lens and further comprising a second lens coupled to the frame (Jeon Fig. 2, wearable electronic device 200 includes two display members 201 coupled to frame 202, par. [0060]);
the frame forms a bridge between the first lens and the second lens, the frame defining a first surface and a second surface (Jeon Fig. 2, wearable electronic device 200 includes a bridge between display members 201, par. [0055], and as shown in at least Fig. 2 of Jeon, the frame 202 and/or housing 210 has first and second surfaces);
the contact member comprises a first modular contact member and a second modular contact member (Villalpando Figs. 1 and 5, modular reconfigurable eyewear system for electronic wearable devices includes a modularized nose pad 504 that is releasably couplable to the modular reconfigurable eyewear system shown in Fig. 5, par. [0052], and Villalpando teaches the swapping of nose pads, suggesting the existence of at least two nose pads for exchanging in the eyewear device disclosed therein).
The prior art combination does not disclose the first modular contact member is disposed on the first surface and the second modular contact member is disposed on the second surface (Jeon does not disclose modular or swappable elements, and Villalpando teaches nose pad 504 is a single piece, therefore Villalpando does not teach or suggest two modular nose pads that are both attached on two different surfaces of the eyewear simultaneously).
In a related field of invention, Brinson teaches a removably attachable nose pad assembly for eyeglass frames (refer to at least title, abstract, and Figs. 1 and 2), where a magnetic attachment element in both the second attachment portion 115 of the attachment base part 105 and the attachment segment 225 of the linkage framework 130 enables the nose pad assembly 125 to removably attach to the bridge section 210 of the eyeglass frame 205 (par. [0067]). As shown in at least Fig. 1, nose pad assembly 125 comprises linkage framework 130, a pair of nose pad arms 135, and a pair of nose pad barrels 140 (par. [0065]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Brinson to the disclosure of Jeon, as modified according to Villalpando, and attached modularized nose pads to the wearable electronic device 200 of Jeon, such that a nose pad assembly would have two nose pad arms and two nose pad barrels attached by a linkage framework, thereby providing more adjustable elements to the nose pad for an improved fit (Brinson, par. [0065]), and as result, the prior art combination teaches and renders obvious the limitation that the first modular contact member (i.e., a left or right nose pad) is disposed on the first surface and the second modular contact member (i.e., a right or left nose pad) is disposed on the second surface.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Villalpando as applied the claim 1 above, and further in view of Geist US PGPub 2003/0184868 A1 (hereinafter, “Geist”).
Regarding dependent claim 9, Jeon in view of Villalpando discloses the wearable device of claim 1, wherein:
the support arm defines a longitudinal axis (Jeon Fig. 2, wearing member 203 defines a longitudinal axis for wearable electronic device 200, par. [0056]).
The prior art combination does not disclose the light emitter translates along an axis substantially perpendicular to the longitudinal axis (Jeon Fig. 3, light output module 211, par. [0066], does not translate in any axis, and Villalpando does not disclose translating elements).
In a related field of invention, Geist discloses a head-mounted virtual display apparatus (refer to title and abstract, and see at least Fig. 2) with an image source assembly 100, holder 71 with tabs 72 to secure real image source 70 to spectacle frame 20 (par. [0063]). Geist teaches a moveable connection disposed for translation of the image source assembly parallel to the principal optical plane (POP), thus allowing the image source assembly to translate in the plane of the POP (par. [0104]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Geist to the disclosure of Jeon and modified wearable electronic device 200 with a moveable connection for light output module 211 to allow module 211 to translate along an axis perpendicular to the longitudinal axis defined by wearing member 203 and in the principal optical plane, because Geist teaches geometric distortion of images may be alleviated (Geist, par. [0104]).
Claims 10-11 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Daniel et al. US PGPub 2017/0323584 A1 (hereinafter, “Daniel”).
Regarding independent claim 10, Jeon discloses a wearable electronic device (refer to at least title and abstract, and see Fig. 2 depicting wearable electronic device 200), comprising:
a frame (Fig. 2, device 200 includes housing 210 with lens frame 202, par. [0056]);
a lens coupled to the frame (Fig. 2, lens frame 202, par. [0056], implies the existence of a lens held by frame 202, and Fig. 2 depicts device 200 in the form of glasses-type electronic device, par. [0055], where display member 201 may include a lens, par. [0057]);
a support arm coupled to the frame (Fig. 2, device 200 with housing 210 includes at least one wearing member 203, par. [0056], where member 203 is equivalent to a support arm);
a light emitter coupled to the support arm, the light emitter configured to provide light to a portion of the lens (Fig. 3 depicts device 200 with light output module 211, par. [0066], where module 211 is coupled to the wearing member 203, and light output module 211 provides image light to display member 201, par. [0066]); and
a contact member (Fig. 4, wearing member 203 includes inner case 231 configured to directly contact the user’s body, par. [0089], equivalent to a contact member, and connecting member 235 may be in contact with the user’s body, par. [0090], also equivalent to a contact member, and Figs. 2, 3, and 4 show a bridge equivalent element that would rest on the nose of a user when device 200 is worn, also equivalent to a contact member).
Jeon does not disclose a contact member at least partially disposed within the frame and extending a first distance from the frame in a first configuration and extending a second distance from the frame in a second configuration (Fig. 4, inner case 231 is rotatably coupled to lens frame 202, par. [0090], and connecting member 235 is connected to wearing member 203, but neither element 231 nor 235 are taught or suggested as being configured to change the distance from the frame).
In the same field of invention, Daniel discloses computerized eyewear device 150 (see at least Figs. 1 and 2) with frame 151 and bridge 152 configured to be supported on the nose of a user, and a brow portion 153 coupled to and extending away from bridge 152 (par. [0033]). Daniel discloses bridge 152 may be adjustable for selective positioning (par. [0034]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Daniel to the disclosure of Jeon and modified wearable electronic device 200 with an adjustable bridge element, because Daniel teaches selective positioning of the eyewear relative to the eyes of the user is feasible (Daniel, par. [0033]) and beneficial for the user to view through the transparent lens (Daniel, par. [0054]).
Regarding dependent claim 11, Jeon in view of Daniel discloses the wearable device of claim 10, and Jeon further discloses wherein:
the portion of the lens is disposed at a first position relative to a pupil of a wearer of the wearable electronic device in the first configuration (Jeon Figs. 2-4, display member 201 with lens, par. [0057], is depicted in a first configuration that, when worn by a user, would dispose a at least a portion of the lens of display member 201 at a first position relative to the pupil of a user, par. [0077]).
Jeon does not explicitly disclose the portion of the lens is disposed at a second position relative to the pupil of the wearer of the wearable electronic device in the second configuration (Jeon does not explicitly teach or suggest a second position of lens relative to a pupil of the user of wearable electronic device 200 in a second configuration).
Daniel Fig. 2 shows computerized eyewear device 150 includes frame 151 with bridge 152 and brow portion 153 (par. [0033]), and Daniel teaches bridge 152 is adjustable for selective positioning of brow portion 153, to which is attached optical lens 163, relative to the eyes of the user (par. [0034]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Daniel to the disclosure of Jeon and modified wearable electronic device 200 with an adjustable bridge element, because Daniel teaches selective positioning of the eyewear relative to the eyes of the user is feasible (Daniel, par. [0033]) and beneficial for the user to view through the transparent lens (Daniel, par. [0054]). As a result, the prior art combination teaches and renders obvious the limitation the portion of the lens is disposed at a second position relative to the pupil of the wearer of the wearable electronic device in the second configuration, because when the bridge element is adjusted, the wearable electronic device 200 will have a different, second, configuration and the pupil of the user will be in a different position relative to the lens of display member 201.
Regarding dependent claim 13, Jeon in view of Daniel discloses the wearable device of claim 10, and Jeon discloses the wearable device further comprising a sensor to detect a position of a pupil of a wearer relative to the portion of the lens (Jeon Figs. 3 and 4, wearable electronic device 200 includes camera module 250 which may include at least one first camera module 251 that may capture the trajectory of the user's eye, e.g., a pupil, and processor 120, see Fig. 1, may adjust the position of a virtual image so that the virtual image projected on the display member 201 corresponds to the direction in which the user's pupil gazes, par. [0077]).
Regarding dependent claim 14, Jeon in view of Daniel discloses the wearable device of claim 10, and Jeon further discloses wherein:
the frame defines a bridge (Jeon Figs. 2, 3, and 4 show a bridge equivalent element between and connecting display members 201 that would rest on the nose of a user when device 200 is worn); and
the contact member is at least partially disposed within the bridge (Jeon Figs. 2, 3, and 4, the bridge element that is also equivalent to a contact member is at least partially disposed within the frame of wearable electronic device 200).
Regarding dependent claim 15, Jeon in view of Daniel discloses the wearable device of claim 10, and Jeon further discloses wherein the contact member comprises a nose conforming surface (Jeon Figs. 2, 3, and 4 show a bridge equivalent element between and connecting display members 201 that would rest on the nose of a user when device 200 is worn, equivalent to a contact member).
Claims 12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Daniel as applied to claim 10 above, and further in view of Loeb, JR. et al. US PGPub 2012/0147317 A1 (hereinafter, “Loeb”).
Regarding dependent claim 12, Jeon in view of Daniel discloses the wearable device of claim 10, but the prior art combination does not explicitly disclose the device further comprising an actuator coupled to the contact member and biasing the contact member between the first configuration and the second configuration (Jeon discloses connecting member 235 of wearable electronic device 200 may be elastic, par. [0090], but does not teach or suggest connecting member 235 is, or comprises, a biasing element, and Daniel does not disclose a biasing element, or the equivalent).
In a related field of invention, Loeb discloses multifocal eyeglass lenses, an exemplary embodiment of which is illustrated in Fig. 9, where the eyewear includes first lens 904, second lens 905, bridge 906, nose pads 907, and nose pad arms 911 that may comprise a spring so as to be "spring-loaded" and may be pressure activated, so that eyeglass frames, and thereby the lenses 904 and 905, rise up on the face of the wearer by the extension of the spring-loaded elements 911 pressing on either side of the nose, and to retract the elements and lower the frame, the wearer may press on top of bridge 906 downward (par. [0124]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Loeb to the disclosure of Jeon, as modified according to Daniel with an adjustable bridge element, to have spring-loaded nose pads that extend from and retract into the frame of the eyewear, because Loeb teaches such spring-loaded nose pads provide stability of the eyewear and the lenses 904 and 905 when the lenses are moved up or down relative to the eye (Loeb, par. [0124]). As a result, the prior art combination teaches and renders obvious the limitation of actuator coupled to the contact member and biasing the contact member between the first configuration and the second configuration, because the spring-loaded elements 911 taught by Loeb are equivalent to actuators that bias the contact member (i.e., nose pads) of the wearable electronic device.
Regarding dependent claim 16, Jeon in view of Daniel discloses the wearable device of claim 10, but the prior art combination does not disclose the device further comprising a biasing element coupled to the contact member, wherein the contact member is biased to retract into the frame (Jeon discloses connecting member 235 of wearable electronic device 200 may be elastic, par. [0090], but does not teach or suggest connecting member 235 is, or comprises, a biasing element, and Daniel does not disclose a biasing element, or the equivalent).
In a related field of invention, Loeb discloses multifocal eyeglass lenses, an exemplary embodiment of which is illustrated in Fig. 9, where the eyewear includes first lens 904, second lens 905, bridge 906, nose pads 907, and nose pad arms 911 that may comprise a spring so as to be "spring-loaded" and may be pressure activated, so that eyeglass frames, and thereby the lenses 904 and 905, rise up on the face of the wearer by the extension of the spring-loaded elements 911 pressing on either side of the nose, and to retract the elements and lower the frame, the wearer may press on top of bridge 906 downward (par. [0124]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Loeb to the disclosure of Jeon, as modified according to Daniel with an adjustable bridge element, to have spring-loaded nose pads that extend from and retract into the frame of the eyewear, because Loeb teaches such spring-loaded nose pads provide stability of the eyewear and the lenses 904 and 905 when the lenses are moved up or down relative to the eye (Loeb, par. [0124]).
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Ogawa et al. US PGPub 2024/0288658 A1 (hereinafter, “Ogawa”).
Regarding independent claim 17, Jeon discloses a wearable electronic device, comprising:
a frame (Fig. 2, device 200 includes housing 210 with lens frame 202, par. [0056]);
a first lens coupled to the frame (Fig. 2, lens frame 202, par. [0056], implies the existence of a lens held by frame 202, and Fig. 2 depicts device 200 in the form of glasses-type electronic device with two display members 201, par. [0055], where display member 201 may include a lens, par. [0057]);
a second lens coupled to the frame (Fig. 2, lens frame 202, par. [0056], implies the existence of a lens held by frame 202, and Fig. 2 depicts device 200 in the form of glasses-type electronic device with two display members 201, par. [0055], where display member 201 may include a lens, par. [0057]);
a support arm coupled to the frame (Fig. 2, device 200 with housing 210 includes at least one wearing member 203, par. [0056], where member 203 is equivalent to a support arm);
a light emitter coupled to the support arm, the light emitter to provide light to a portion of the first lens (Fig. 3 depicts device 200 with light output module 211, par. [0066], where module 211 is coupled to the wearing member 203, and light output module 211 provides image light to display member 201, par. [0066]).
Jeon does not disclose an adjustment mechanism coupled to the frame and configured to adjust a distance between the first lens and the second lens.
In the same field of invention, Ogawa discloses a wearable display apparatus including a frame (head mounted display 100 includes frame 42, see Fig. 2A, par. [0053]); a first lens coupled to the frame (Fig. 1, head mounted display 100 includes first lens barrel 10, par. [0044]); a second lens coupled to the frame (Fig. 1, head mounted display 100 includes second lens barrel 20, par. [0044]); a support arm coupled to the frame (Fig. 1, support member 41 is coupled to head mounted display 100, par. [0044]); a light emitter coupled to the support arm (Fig. 3 shows infrared light source 52, which comprises first imaging device 51, is coupled to hinge portion 17 of temple part 15, pars. [0092-94]); and an adjustment mechanism coupled to the frame and configured to adjust a distance between the first lens and the second lens (Fig. 1, adjusting mechanism 31 is provided between lens barrel 10 and lens barrel 20, par. [0082], and adjusting mechanism 31 includes adjusting member 32, par. [0082], where adjusting member 32 adjusts a distance between first lens barrel 10 and second lens barrel 20, par. [0165]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Ogawa to the disclosure of Jeon and modified wearable electronic device 200 to include an adjustment mechanism to adjust the distance between display members 201 of frame 202, because Ogawa teaches such an adjustment mechanism allows for ease of adjustment to a user, non-parallelism between barrel axes is inhibited, and images can be displayed more appropriately (Ogawa, par. [0166]).
Regarding dependent claim 18, Jeon in view of Ogawa discloses the wearable electronic device of claim 17, and Ogawa further discloses wherein the adjustment mechanism moves the first lens relative to the frame (Fig. 1, HMD 100 includes adjusting member 32 connected to first lens barrel 10, and the relative position of adjusting member 32 and first lens barrel 10 can be changed, par. [0165], equivalent to movement of the first lens barrel 10 relative to frame of HMD 100).
Regarding dependent claim 19, Jeon in view of Ogawa discloses the wearable electronic device of claim 17, and Ogawa further discloses wherein the adjustment mechanism moves the first lens and the second lens relative to the frame (Ogawa Fig. 1, distance between first lens barrel 10 and second lens barrel 20 can be adjusted by handling adjusting member 32 for the adjustment, pars. [0026], [0166]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Ogawa as applied to claim 17 above, and further in view of Ko et al. US PGPub 2016/0004086 A1 (hereinafter, “Ko”).
Regarding dependent claim 20, Jeon in view of Ogawa discloses the wearable electronic device of claim 17, and Ogawa discloses the device further comprising a flexible material (Ogawa, Fig. 6, first eye cup 14 is constituted by first member 14i, where first member 14i is made of rubber-like silicone resin, which Ogawa teaches is flexible, pars. [0126-128]) at least partially covering the frame (as shown in Ogawa Figs. 1 and 2A, first eye cup 14 at least partially covers frame 42).
The prior art combination does not disclose wherein at least a portion of the adjustment mechanism is concealed by the flexible material (Jeon does not teach or suggest flexible materials for electronic wearable device 200, and Ogawa discloses flexible rubber-like silicone resin for the eye cups, pars. [0125-126], but does not teach or suggest the covering of the frame by flexible material).
In a related field of invention, Ko discloses a glasses-type terminal 200 (refer to title and abstract, and see at least Fig. 2), equivalent to a wearable electronic device, where glasses-type terminal 200 includes a frame made of flexible material (par. [0074]).
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Ko to the disclosure of Jeon and covered the frame of wearable electronic device 200 with flexible material, because Ko teaches such a flexible covered frame makes a wearable electronic device easily wearable (Ko, par. [0074]). The prior art combination of Jeon in view of Ko thus teaches and renders obvious the limitation wherein at least a portion of the adjustment mechanism is concealed by the flexible material, because by covering a frame with flexible material, the adjustment mechanisms disposed on the frame would likewise be covered by the flexible material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin W Hustoft whose telephone number is (571)272-4519. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM Eastern Time.
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/JUSTIN W. HUSTOFT/Examiner, Art Unit 2872
/George G. King/Primary Examiner, Art Unit 2872