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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 7/17/26 has been entered.
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.
Claim(s) 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Porak, US-20220004020.
In regards to claim 21, Porak discloses an optical device (Fig. 1-2, 2 view detection glasses), comprising: a lens frame (Fig. 1-2, frame of 2 view detection glasses) defining a first lens aperture and a second lens aperture (Fig. 1-2, 12 and 13 right and a left viewing opening), the lens frame (Fig. 1-2, frame of 2 view detection glasses) comprising a nose bridge portion (Fig. 1-2, 14 nose bridge) between the first lens aperture and the second lens aperture (Fig. 1-2, 12 and 13 right and a left viewing opening); a platform (Fig. 1-2, 4 and 5 right and left nose part frames) extending from the nose bridge portion (Fig. 1-2, 14 nose bridge); a nose pad extending from the platform (Fig. 1-2, 3 nose pad holder 3 with 1 nose pads); and a sensor (Fig. 1-2, 8 and 9 eye capturing cameras, i.e. sensors) disposed on the platform (Fig. 1-2, 8 and 9 eye capturing cameras, i.e. sensors located on 4 and 5 right and left nose part frames).
Allowable Subject Matter
Claims 1-6 and 8-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
Applicant’s arguments, see pages 5-9, filed 2/5/26, with respect to claims 1-6 and 8-20 have been fully considered and are persuasive.
In regards to claim 1, the prior art of record fails to disclose, teach or fairly suggest to one of ordinary skill in the art, in conjunction with all the other claimed limitations: an optical device and specifically including “a lens frame defining a lens aperture and including a nose bridge, the lens frame connected to the first securement arm and the second securement arm; an eye-tracking camera mounted to a platform removably coupled to and extending from the lens frame, the platform disposed adjacent the nose bridge; and an electronic component disposed in the lens frame, the electronic component electronically connected to the camera.”
In regards to claim 9, the prior art of record fails to disclose, teach or fairly suggest to one of ordinary skill in the art, in conjunction with all the other claimed limitations: an eye tracking system and specifically including “a camera disposed in the nasal region and removably coupled to the frame; and a processor connected to the camera, the processor configured to receive an image from the camera and identifies a property of an eye based on the received image.”
In regards to claim 17, the prior art of record fails to disclose, teach or fairly suggest to one of ordinary skill in the art, in conjunction with all the other claimed limitations: a head mounted display (HMD)and specifically including “a frame including an interchangeable platform in a nasal region of the frame, the platform extending from the nasal region; a lens disposed in the frame; a nose pad secured to the frame; a camera mounted to the platform adjacent the nose pad; and a sensor responsive to an eye movement of the wearer.”
Any comments 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 submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CORY A ALMEIDA whose telephone number is (571)270-3143. The examiner can normally be reached M-Th 9AM-730PM.
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, Nitin (Kumar) Patel can be reached at (571) 272-7677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CORY A ALMEIDA/Primary Examiner, Art Unit 2628 7/21/26
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