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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/14/2024 has been considered by the examiner.
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.
Claims 1-2, 8, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mukawa (US Patent Publication No. 2011/0050727).
With reference to claims 1 and 17, Mukawa discloses a head-mountable display (see paragraphs 104, 165; Figs. 4, 16), comprising:
a first portion (501) including a display (120) (see paragraphs 128, 166; Fig. 16); and
a second portion (502) slidably engaged with the first portion (501) via an adjustment mechanism (500), the adjustment mechanism (see paragraphs 164-166, 175; Figs. 13, 16) comprising:
a bore (opening of 502) defined by the first portion or the second portion (see paragraph 175; Fig. 16);
a rod (505) extending in the bore (501) (see paragraph 175; Fig. 16);
a roller bearing (503) disposed against the rod (see paragraph 167; Fig. 16); and
a biasing member (501) contacting the roller bearing (see paragraphs 167, 175; Fig. 16) and pushing the roller bearing toward the rod (505) (in teaching thrust or sliding bearing; see paragraph 101; Fig. 16).
With reference to claim 2, Mukawa discloses the head mountable display of claim 1, and further discloses wherein: the roller bearing 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 illustrating multiple ball bearings; see paragraph 167; Fig. 16).
With reference to claim 8, Mukawa discloses the head mountable display of claim 1, and further discloses wherein: the second portion comprises a lens (112) (see paragraphs 119-122, 130; Figs. 2, 8A); and the adjustment mechanism (113, 500) is configured to alter a distance between the display and the lens (see paragraphs 137).
With reference to claim 18, Mukawa discloses the head mountable display of claim 17, and further discloses the roller bearing comprises a first roller bearing, the rod bearing assembly (505) comprises a second roller bearing; and the biasing member contacts the second bearing (see Fig. 16).
Claims 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US Patent Publication No. 2017/0102549; hereinafter Lee).
With reference to claim 9, Lee discloses an adjustment mechanism (277) for a head-mountable device (100) (see paragraphs 133, 136; Figs. 13-21), comprising:
a bore defined by a first portion (200) (in teaching groove formed in the optic module or between the screw and the display frame; see paragraph 146; Figs. 18-20), the first portion including a first display (210) (see paragraphs 127-128; Figs. 16-21);
a rod (278) extending from a second portion (second optic module; 200; see paragraph 119; Figs. 13-15) and into the bore (groove), the second portion including a second display (210) (see paragraphs 146-147; Figs. 15-20);
a bearing (272) disposed against the rod (278) (see paragraph 146; Figs 18-19); and
a biasing member (271) contacting the bearing (272) (see paragraphs 147-148; Figs. 19-22).
With reference to claim 10, Lee discloses the head mountable display of claim 9, and further discloses wherein: the first display (210ab) includes a first pupillary alignment point; and the second display (210ab) includes a second pupillary alignment point (in teaching the positions of the pupils have to be in concordance with the center of the image; see paragraphs 103-104).
With reference to claim 11, Lee discloses the head mountable display of claim 10, and further discloses wherein sliding the rod (278) relative to the bore (groove) alters a distance between the first pupillary alignment point and the second pupillary alignment point (see paragraphs 150-151; Figs. 13-21).
With reference to claim 12, Lee discloses the head mountable display of claim 9, and further discloses wherein the biasing member (271) pushes the bearing (272) toward the rod (278) (see paragraphs 146-147; Figs. 19-22).
With reference to claim 13, Lee discloses the head mountable display of claim 12, and further discloses wherein the biasing member (271) is anchored to the first portion (see paragraph 134; Fig. 19).
With reference to claim 14, Lee discloses the head mountable display (100) and the adjustment mechanism of claim 12, and further discloses wherein the biasing member (271) comprises and elastically stretched material disposed around the rod (278) and a bearing (272) (in teaching plate spring; see paragraph 148), the bearing disposed between the biasing member (271) and the rod (278) (see paragraphs 146-147; Figs. 19-22).
With reference to claim 15, Lee discloses the head mountable display (100) and the adjustment mechanism of claim 12, and further discloses wherein the biasing member (271) comprises a set screw having a terminal surface contacting the bearing (272) (see paragraphs 148-149; Figs. 15-19).
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 3-6 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mukawa as applied to claim 1, 9 or, 17 above, and further in view of Hino et al. (US Patent Publication No. 2016/0124230; hereinafter Hino).
With reference to claims 3 and 19, Mukawa disclose the head mountable display of claim 1 or 17, however fails to disclose the elastic band as recited.
Hino discloses an image display device having an adjustment mechanism (7) having a biasing member (22), wherein the biasing member (22) comprises an elastic band (see paragraphs 55).
Therefore it would have been obvious to one of ordinary skill in the art to allow the usage of an elastic biasing member similar to that which is taught by Hino to be included in a device similar to that which is taught by Mukawa to thereby allow for flexibility of the connection section (see Hino; paragraph 55).
With reference to claim 4, Mukawa and Hino disclose the head mountable display of claim 3, wherein Hino further discloses that the elastic band (22) comprises silicone (in teaching flexible material made of resin; see paragraph 55).
With reference to claim 5, Mukawa and Hino disclose the head mountable display of claim 3, wherein Hino further discloses that the elastic band (22) defines the bore (in teaching movement of connection section (22) of the stage (9); see paragraphs 106-109; Figs. 11A-C).
With reference to claim 6, Mukawa disclose the head mountable display of claim 3, including a biasing member coupled to the roller bearing as explained above (see paragraphs 101, 167, 175; Fig. 16), however fails to disclose the biasing member as recited.
Hino further discloses a biasing member (22) includes a flexure arm (22) (see paragraph 55; Figs. 13C) having a first end and a second end, the first end anchored to the first or the second portion (3) and the second end coupled to the stages (9) (see paragraphs 55; Figs. 11, 13).
With reference to claim 20, Mukawa and Hino disclose the head mountable display of claim 19, wherein Mukawa further disclose the first roller bearing and the second roller bearing are positioned between the biasing member and the rod; the biasing member pushes the first roller bearing against the rod in a first direction normal to an outer surface of the rod; and the biasing member pushes the second bearing against the rod in a second direction different (opposite movement direction) than the first direction and normal to the outer surface of the rod. (see paragraphs 101, 167, 175; Figs. 11-16).
Mukawa fails to disclose the elastic material as disclosed.
Hino further discloses wherein: the biasing member (22) elastically deforms and is disposed around the rod (9) (see paragraphs 47-48; Figs. 11).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable Lee as applied to claim 15 above, and further in view of Sobel (US Patent No. 3,843,996).
With reference to claim 16, Lee disclose the adjustment mechanism of claim 15, however fails to disclose an elastic screw as recited.
Sobel discloses a flexible hinge assembly including a first and second frame members pivotally connected by a set screw (30), wherein the set screw comprises an elastic material (see column 2, lines 25-42; Fig. 2).
Therefore it would have been obvious to allow the usage of a set screw comprised of an elastic material similar to that which is taught by Sobel to be carried out in a device similar to that which is taught by Lee to thereby allow for movement while providing the necessary support.
Allowable Subject Matter
Claim 7 is 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.
Response to Arguments
Applicant's arguments filed 12/26/2025 have been fully considered but they are not persuasive. With reference to claims 1-8 and 17-20, specifically claims 1 and 17, the applicant argues that Mukawa fails to anticipate the limitations as recited. The applicant argues that Mukawa fails to disclose the recited second portion slidably engaged with the first portion via an adjustment mechanism as recited. The examiner disagrees and finds that Mukawa discloses the limitation in teaching a second portion (502) slidably engaged with the first portion (501) via an adjustment mechanism (503) (see paragraphs 164-165; Figs. 13-16). The applicant argues that Mukawa is addressing a different situation than the current application. The examiner finds that the recited language is broad, and therefore the applicant may not be reciting the invention as intended. The language fails to recite key features of the invention particularly the adjustment mechanism as related to performing the adjustment of the inter-pupillary distance as described in the specification.
Applicant’s arguments with respect to claims 9-16 have been fully considered and are persuasive.
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).
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 Mon.-Fri. 7:00am-3:00am.
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/ADE/Examiner, Art Unit 2625
/WILLIAM BODDIE/Supervisory Patent Examiner, Art Unit 2625
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