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 § 102
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 1-4, 6, 7, 10-14 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hintermann et al (US 2021/0399405 A1), hereinafter Hintermann.
Regarding claim 1, Hintermann (Figure 1) teaches a wearable device comprising:
a frame 106 configured to hold one or more optical elements (para [0033] and [0034]) including a first lens 112 comprising one of the one or more optical elements;
a temple 109 connected to the frame at a joint such that the temple is disposable between a collapsed condition and a wearable condition in which the wearable device is wearable by a user to hold the one or more optical elements within user view (para [0036]);
onboard electronics components 124 carried by at least one of the frame and the temple (para [0038] and [0039]); and
a first antenna 209 configured for cellular communication carried by the frame 106 (para [0025] and [0056]), wherein the first antenna is coupled the first lens such that the first lens acts as an antenna substrate for the first antenna.
Regarding claim 2, as applied to claim 1, Hintermann (Figure 6B, para [0022]) further teaches a second antenna 606 configured for cellular communication carried by one of the frame or the temple.
Regarding claim 3, as applied to claim 1, Hintermann (Figure 6B, para [0022]) teaches that the first antenna 209 is disposed around at least a majority of a periphery of the first lens 112.
Regarding claim 4, as applied to claim 3, Hintermann (Figure 6B) teaches that the first antenna 209 is formed by the frame 106 or is a separate component coupled to the frame.
Regarding claim 6, as applied to claim 2, Hintermann (Figure 6B) teaches that the second antenna 606 is coupled to a speaker carrier of the temple 109.
Regarding claim 7, as applied to claim 2, Hintermann (Figure 6B) teaches that the second antenna 606 has a configuration that differs from a configuration of the first antenna 209 and is carried by the frame.
Regarding claim 10, as applied to claim 1, Hintermann (Figure 7, para [0017]) teaches that the onboard electronics components 124 include a cellular transceiver, and wherein the first antenna and a second antenna are both in electronic communication with the cellular transceiver and are both configured for communication with a common cellular signal.
Regarding claim 11, as applied to claim 1, Hintermann (Figure 6B) teaches that the first antenna 209 is a loop antenna disposed around at least a majority of a periphery of a first one of the one or more optical elements in a lens 112 area of the frame 106.
Regarding claim 12, as applied to claim 11, Hintermann (Figure 6B) further teaches a second antenna 606 that is carried by one of the frame or the temple 109, wherein the second antenna is a non-loop antenna configured as a monopole antenna.
Regarding claim 13, Hintermann (Figures 1 and 6B) teaches a wearable device comprising:
a frame 106 configured to hold one or more optical elements 112;
a temple 109 moveably connected to the frame;
onboard electronics components 124 carried by at least one of the frame and the temple, wherein the onboard electronics components include a cellular transceiver (para [0017]); and
a first antenna 209 configured for cellular communication formed by the frame at a first portion of the frame that is configured to hold a first lens 112 comprising one of the one or more optical elements in a lens area, and wherein the first antenna is disposed around substantially an entirety of a periphery of the first lens 112 and is coupled the first lens such that the first lens acts as an antenna substrate for the first antenna (para [00222]).
Regarding claim 14, as applied to claim 13, Hintermann (Figure 6B, para [0023]) further teaches a second antenna 606 configured for cellular communication carried by one of the frame or the temple 109, wherein the second antenna is configured to transmit and receive a common cellular signal as the first antenna, wherein the second antenna is configured to provide polarization diversity in combination with the first antenna.
Regarding claim 18, Hintermann (Figures 1 and 6B) teaches an eyewear device comprising:
a frame 106 configured for supporting one or more lenses 112 within view of a user;
a temple 109 moveably connected to the frame; and
onboard electronics 124 incorporated in at least one of the temple or the frame and including an antenna system housed in at least one of the temple or the frame and connected to others of the onboard electronics to provide wireless cellular connectivity to the eyewear device, the antenna system comprising:
a first one of a loop electrical conductor 209 or a non-loop electrical conductor formed by the frame; a second one of a loop electrical conductor or a non-loop electrical conductor 606 carried by the temple 109; and
a transceiver connected in common to the loop electrical conductor and the non-loop electrical conductor to receive electrical signals through both the loop electrical conductor and the non-loop electrical conductor (para [0017]).
Regarding claim 19, as applied to claim 18, Hintermann (Figures 1 and 6B) teaches that the frame 106 is configured to hold a first lens 112 of the one or more lenses in a lens area, and wherein the first one of the loop electrical conductor 209 or the non-loop electrical conductor formed by the frame 106 is disposed around at least a portion of a periphery of the first lens 112 and is coupled the first lens such that the first lens acts as an antenna substrate for the first one of the loop electrical conductor or the non-loop electrical conductor formed by the frame (para [0022]).
Regarding claim 20, as applied to claim 18, Hintermann (Figure 6B) teaches that the second one of the loop electrical conductor or the non-loop electrical conductor 606 carried by the temple 109 is coupled to a speaker carrier of the temple.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hintermann in view of Carnelian Laboratories (WO 2022/055690 A1), hereinafter Carnelian. (Applicant’s cited prior art).
Regarding claim 5, Hintermann teaches the claimed invention, as applied to claim 4, wherein the first antenna 209 is integrated into the frame 106 and is configured to form a loop for a current path around substantially an entirety of the first lens 112.
Hintermann does not explicitly mention that the current path is generated at or adjacent a gap in the frame filled by an electrically insulative material.
Carnelian (Figures 6-9, para [0050] to [[0054]) teaches a wearable device comprising a first antenna 68 formed by the frame 26 configured to form a loop for a current path around substantially an entirety of the first lens, wherein the current path is generated at or adjacent a gap 80 in the frame filled by an electrically insulative material.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the wearable device of Hintermann such that the current path is generated at or adjacent a gap in the frame filled by an electrically insulative material, as taught by Carnelian, doing so would result in the antenna radiating in a direction away from the user.
Regarding claim 8, Hintermann teaches the claimed invention, as applied to claim 7, except explicitly mention that the second antenna is formed by the frame, wherein the frame is configured to hold a second lens comprising a second one of the one or more optical elements, and wherein the second antenna is disposed around a relatively smaller portion of a periphery of the second lens as compared with a portion of a periphery of the first lens coupled to the first antenna.
Carnelian (Figures 6 and 7, para [0050] to [0054]) teaches a wearable device comprising a second antenna 40 formed by the frame, wherein the frame is configured to hold a second lens comprising a second one of the one or more optical elements, and wherein the second antenna is disposed around a relatively smaller portion of a periphery of the second lens as compared with a portion of a periphery of the first lens coupled to the first antenna.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the wearable device of Hintermann with the second antenna is formed by the frame, wherein the frame is configured to hold a second lens comprising a second one of the one or more optical elements, and wherein the second antenna is disposed around a relatively smaller portion of a periphery of the second lens as compared with a portion of a periphery of the first lens coupled to the first antenna, as taught by Carnelian, doing so would enable the second antenna to generate a radiation pattern different from the first antenna for improved sensitivity.
Regarding claim 9, as applied to claim 8, Carnelian (Figures 6 and 7) teaches that the second antenna 40 forms an incomplete loop around the second lens.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10 and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 15- 17 of U.S. Patent No. 12,166,274 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both are claiming first and second antennas disposed on the frame and temple of a wearable device. Comparison shown below:
Application 18/925367
US Patent 12,166,274 B2
1. A wearable device, comprising:
a frame configured to hold one or more optical elements including a first lens comprising one of the one or more optical elements;
a temple connected to the frame at a joint such that the temple is disposable between a collapsed condition and a wearable condition in which the wearable device is wearable by a user to hold the one or more optical elements within user view;
onboard electronics components carried by at least one of the frame and the temple; and a first antenna configured for cellular communication carried by the frame, wherein the first antenna is coupled the first lens such that the first lens acts as an antenna substrate for the first antenna.
2. The wearable device of claim 1, further comprising a second antenna configured for cellular communication carried by one of the frame or the temple.
3. The wearable device of claim 1, wherein the first antenna is disposed around at least a majority of a periphery of the first lens.
1. A wearable device, comprising:
a frame configured to hold one or more optical elements;
a temple connected to the frame at a joint such that the temple is disposable between a collapsed condition and a wearable condition in which the wearable device is wearable by a user to hold the one or more optical elements within user view;
onboard electronics components carried by at least one of the frame and the temple;
a first antenna configured for cellular communication carried by the frame,
a second antenna configured for cellular communication carried by one of the frame or the temple;
wherein the frame is configured to hold a first lens comprising one of the one or more optical elements in a lens area, and
wherein the first antenna is disposed around at least a portion of a periphery of the first lens and is coupled the first lens such that the first lens acts as an antenna substrate for the first antenna.
4. The wearable device of claim 3, wherein the first antenna is formed by the frame or is a separate component coupled to the frame.
2. The wearable device of claim 1, wherein the first antenna is formed by the frame or is a separate component coupled to the frame.
5. The wearable device of claim 4, wherein the first antenna is integrated into the frame and is configured to form a loop for a current path around substantially an entirety of the first lens, and wherein the current path is generated at or adjacent a gap in the frame filled by an electrically insulative material.
3. The wearable device of claim 2, wherein the first antenna is formed by the frame and is configured to form a loop for a current path around substantially an entirety of the first lens, and wherein the current path is generated at or adjacent a gap in the frame filled by an electrically insulative material.
6. The wearable device of claim 2, wherein the second antenna is coupled to a speaker carrier of the temple.
4. The wearable device of claim 1, wherein the second antenna is one of:
formed by the frame; or
coupled to a speaker carrier of the temple.
7. The wearable device of claim 2, wherein the second antenna has a configuration that differs from a configuration of the first antenna and is carried by the frame.
5. The wearable device of claim 1, wherein the second antenna has a configuration that differs from a configuration of the first antenna.
8. The wearable device of claim 7, wherein the second antenna is formed by the frame, wherein the frame is configured to hold a second lens comprising a second one of the one or more optical lens, and wherein the second antenna is disposed around a relatively smaller portion of a periphery of the second lens as compared with a portion of a periphery of the first lens coupled to the first antenna.
6. The wearable device of claim 5, wherein the second antenna is formed by the frame, wherein the frame is configured to hold a second lens comprising a second one of the one or more optical elements in a lens area, and wherein the second antenna is disposed around a relatively smaller portion of a periphery of the second lens as compared with a portion of a periphery of the first lens coupled to the first antenna.
9. The wearable device of claim 8, wherein the second antenna forms an incomplete loop around the second lens.
7. The wearable device of claim 6, wherein the second antenna forms an incomplete loop around the second lens.
10. The wearable device of claim 1, wherein the onboard electronics components include a cellular transceiver, and wherein the first antenna and a second antenna are both in electronic communication with the cellular transceiver and are both configured for communication with a common cellular signal.
8. The wearable device of claim 1, wherein the onboard electronics components include a cellular transceiver, and wherein the first antenna and the second antenna are both in electronic communication with the cellular transceiver and are both configured for communication with a common cellular signal.
18. An eyewear device comprising:
a frame configured for supporting one or more lenses within view of a user;
a temple moveably connected to the frame; and
onboard electronics incorporated in at least one of the temple or the frame and including an antenna system housed in at least one of the temple or the frame and connected to others of the onboard electronics to provide wireless cellular connectivity to the eyewear device, the antenna system comprising:
a first one of a loop electrical conductor or a non-loop electrical conductor formed by the frame;
a second one of a loop electrical conductor or a non-loop electrical conductor carried by the temple; and
a transceiver connected in common to the loop electrical conductor and the non-loop electrical conductor to receive electrical signals through both the loop electrical conductor and the non-loop electrical conductor.
15. An eyewear device comprising:
a frame configured for supporting one or more lenses within view of a user;
a temple moveably connected to the frame; and
onboard electronics incorporated in at least one of the temple or the frame and including an antenna system housed in at least one of the temple or the frame and connected to others of the onboard electronics to provide wireless cellular connectivity to the eyewear device, the antenna system comprising:
a first one of a loop electrical conductor or a non-loop electrical conductor formed by the frame;
a second one of a loop electrical conductor or a non-loop electrical conductor carried by the temple; and
a transceiver connected in common to the loop electrical conductor and the non-loop electrical conductor to receive electrical signals through both the loop electrical conductor and the non-loop electrical conductor;
wherein if the first one of the loop electrical conductor or the non-loop electrical conductor formed by the frame comprises the loop electrical conductor and the second one of the loop electrical conductor or the non-loop electrical conductor carried by the temple comprises the loop electrical conductor.
19. The eyewear device of claim 18, wherein the frame is configured to hold a first lens of the one or more lenses in a lens area, and wherein the first one of the loop electrical conductor or the non-loop electrical conductor formed by the frame is disposed around at least a portion of a periphery of the first lens and is coupled the first lens such that the first lens acts as an antenna substrate for the first one of the loop electrical conductor or the non-loop electrical conductor formed by the frame.
16. The eyewear device of claim 15, wherein the frame is configured to hold a first lens of the one or more lenses in a lens area, and wherein the first one of the loop electrical conductor or the non-loop electrical conductor formed by the frame is disposed around at least a portion of a periphery of the first lens and is coupled the first lens such that the first lens acts as an antenna substrate for the first one of the loop electrical conductor or the non-loop electrical conductor.
20. The eyewear device of claim 18, wherein the second one of the loop electrical conductor or the non-loop electrical conductor carried by the temple is coupled to a speaker carrier of the temple.
17. The eyewear device of claim 15, wherein the second one of the loop electrical conductor or the non-loop electrical conductor carried by the temple is coupled to a speaker carrier of the temple.
Allowable Subject Matter
Claims 15-17 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 15, Hintermann fails to further teach that the second antenna is formed by the frame and is configured as a loaded monopole antenna.
Regarding claim 16, Hintermann fails to further teach that the second antenna is carried by the temple and comprises a loop antenna, and wherein the second antenna is coupled to a speaker carrier of the temple.
Claim 17 would have been found allowable for at least the reason for depending on claim 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Olgun et al (US 2019/0033622 A1) discloses an antenna for wearable device.
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/HOANG V NGUYEN/Primary Examiner, Art Unit 2845