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 .
Claim Rejections - 35 USC § 103
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 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, 2, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Patel (US Patent Publication No. 2016/0269720) in view of Gibbs (US Patent Publication No. 2007/0110346).
With reference to claim 1, Patel discloses a head-mountable display (optical headset; see Figs. 1-4), comprising:
a first portion (106-a) including a display (102-a) (see paragraph 13; Figs. 1A-B); and
a second portion (106-b) slidably engaged with the first portion (102-a) via an adjustment mechanism (104, 106, 110), the adjustment mechanism comprising:
a bore defined by the first portion or the second portion (mounting regions (106-a, b) define a bore for receiving rails or guides (110); see paragraph 15; Fig. 1A-B);
a rod (rails or guides (110); see paragraphs 15-16; Figs. 1A-B) extending in the bore (defined by mounting regions (106-a, b).
While Patel discloses the head-mounted display as explained, there fails to be disclosure of a roller bearing; and a biasing member as recited.
Gibbs discloses a linear slide apparatus (11) comprising a second portion (12) slidably engaging with a first portion (13) via an adjustment mechanism (in teaching balls and rods; (36-38, 41-42); see paragraphs 17-18; Figs. 1-4), the adjustment mechanism comprising a bore (raceways; (21, 22); see paragraph 17; Figs. 2-4) defined by first and second portions (see paragraphs 17-18; Fig. 4); a rod (37-38, 41-42) extending in the bore (see paragraphs 17-18; Fig. 4), a roller bearing (balls (36); see paragraphs 18, 21-22; Figs. 1-5), and a biasing member (apertured carriage members (44); see paragraph 18; Figs. 3-4) contacting the roller bearing (36) (see paragraphs 18, 22, Fig. 4).
Therefore it would have been obvious to one of ordinary skill in the art to allow the usage of roller bearings and a biasing member similar to that which is taught by Gibbs in a device similar to that which is taught by Patel to thereby provide an improved linear slide mechanism (see Gibbs; paragraph 5).
With reference to claim 2, Patel and Gibbs disclose the head-mountable display of claim 1, wherein Gibbs further discloses that the roller bearing (36) is a first roller bearing; the adjustment mechanism further comprises a second roller bearing and a third roller bearing; and the first roller bearing, the second roller bearing, and the third roller bearing constrain a movement of the rod to one degree of freedom (in teaching a plurality of longitudinally distributed balls (36) engaged between the rods 37-38, 41-42; see paragraphs 18, 21; Fig. 4).
With reference to claim 7, Patel and Gibbs disclose the head-mountable display of claim 1, wherein Patel further discloses wherein: the display is a first display (102-a); the second portion (106-b) includes a second display (102-b); and the adjustment mechanism (110) is configured to alter a distance between the first display and the second display (see paragraphs 15-16; Figs. 1A-2B).
Claims 9-12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US Patent No. 6,315,408) in view of Gibbs.
With reference to claim 9, Huang discloses an adjustment mechanism (retractable bridge (20) for a head-mountable device (1) (see column 2, lines 15-22; Fig. 1, 4), comprising:
a bore (bridge piece (22); see Fig. 1-2) defined by a first portion (left frame, 12), the first portion including a first display (121);
a rod (25) extending from a second portion (right frame, 12) and into the bore (22), the second portion including a second display (121).
While Huang discloses the adjustment mechanism as explained, there fails to be disclosure of a bearing; and a biasing member as recited.
Gibbs discloses a linear slide apparatus (11) comprising a second portion (12) slidably engaging with a first portion (13) via an adjustment mechanism (in teaching balls and rods; (36-38, 41-42); see paragraphs 17-18; Figs. 1-4), the adjustment mechanism comprising a rod (37-38, 41-42) extending in the bore (see paragraphs 17-18; Fig. 4), a bearing (balls, 36) disposed against the rod (37-38, 41-42) (see paragraphs 18, 21-22; Figs. 1-5), and a biasing member (apertured carriage members (44); see paragraph 18; Figs. 3-4) contacting the bearing (36) (see paragraphs 18, 22, Fig. 4).
Therefore it would have been obvious to one of ordinary skill in the art to allow the usage of roller bearings and a biasing member similar to that which is taught by Gibbs in a device similar to that which is taught by Patel to thereby provide an improved linear slide mechanism (see Gibbs; paragraph 5).
With reference to claim 10, Huang and Gibbs disclose the adjustment mechanism of claim 9, wherein Huang further discloses wherein: the first display (121) includes a first pupillary alignment point; and the second display (121) includes a second pupillary alignment point (when spaced apart, the lens frames (12) are positioned in place for the respective pupils of the wearer; see column 2, lines 58-60; Fig. 2).
With reference to claim 11, Huang and Gibbs disclose the adjustment mechanism of claim 10, wherein Huang further discloses wherein sliding the rod relative to the bore alters a distance between the first pupillary alignment point and the second pupillary alignment point (when spaced apart, the lens frames (12) are positioned in place for the respective pupils of the wearer; see column 2, lines 58-60; Fig. 2).
With reference to claim 12, Huang and Gibbs disclose the adjustment mechanism of claim 9, wherein Gibbs further discloses wherein the biasing member (44) pushes the bearing (36) toward the rod (37-38, 41-42) (a plurality of balls (36) engaged between the rods and the member (44) maintaining separation between the balls; see abstract; paragraph 18).
With reference to claim 17, Huang discloses a rod bearing assembly (retractable bridge, 20) (see column 2, lines 15-22; Fig. 1, 4), comprising:
a first portion (left frame, 12) defining a bore (bridge piece (22) (see column 2, lines 23-20-28; Figs. 1-3);
a rod (25) extending in the bore (22) (see column 2, lines 40-47; Figs. 1-3).
While Huang discloses the rod-bearing assembly as explained, there fails to be disclosure of a roller bearing; and a biasing member as recited.
Gibbs discloses a linear slide apparatus (11) comprising an adjustment mechanism comprising a roller bearing (balls (36); see paragraphs 18, 21-22; Figs. 1-5), and a biasing member (apertured carriage members (44); see paragraph 18; Figs. 3-4) contacting the roller bearing (36) and pushing the roller bearing toward the rod (see paragraphs 18, 22, Fig. 4).
Therefore it would have been obvious to one of ordinary skill in the art to allow the usage of roller bearings and a biasing member similar to that which is taught by Gibbs in a device similar to that which is taught by Patel to thereby provide an improved linear slide mechanism (see Gibbs; paragraph 5).
Allowable Subject Matter
Claims 3-6, 8, 13-16, and 18-20 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.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DiCHIARA (US5,801,806) discloses an eyeglass frame having first and second rims for receiving lenses, wherein the frame includes a first bridge allowing the rims to pivot about the bridge between an original position and displaced positions while biasing the rims (see abstract).
Ebert (US10,610,775) discloses a head mounted display having a first portion, electronic display (102), and a second portion, optic block (104) that are arranged to move relative to each other to adjust the focal distance (see column 4, line 39-column 5, line 44).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALECIA DIANE ENGLISH whose telephone number is (571)270-1595. The examiner can normally be reached M0n.-Fri. 7:00am-3:00am.
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/Alecia D English/Examiner, Art Unit 2625 571-270-1595
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