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 .
DETAILED ACTION
Status of Application
This Office Action is a response to Applicant’s communication (or preliminary’s amendment) filed on 11/25/2024. In virtue of this communication, claims 1-20 are currently presented in the instant application.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 11/25/2024 and 08/27/2025 in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is considered by the examiner.
If applicant is aware of any prior art or any other co-pending application not already of record, he/she is reminded of his/her duty under 37 CFR 1.97 to disclose the same.
Drawings
The drawings submitted on 11/25/2024 accepted as part of the formal application.
Claim Rejections – 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 6,
The recitation “the heat transfer device” in line 1 is considered indefinite because it does not have an antecedent basis. Clarification is required.
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, 5, 7-8 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al (US 20230231303), hereinafter Park.
Regarding claim 1,
Park discloses a wearable device (a wearable electronic device 200, Fig 2) comprising:
an eyewear body comprising:
an eyewear frame (a glasses frame FR, Fig 2; paragraph [0095]) defining one or more optical element holders (rim 210 and 220, Fig 2) for holding respective optical elements within view of a user when the eyewear body is worn;
a pair of temples (temples 250 and 260, Fig 2) connected to the eyewear frame for supporting the eyewear frame in position within view of the user when the eyewear body is worn;
an antenna (an antenna; Fig 3; paragraph [0114]), comprising:
an exciter circuit (a wireless communication circuit 310, Fig 3; paragraph [0136]),
at least a portion of a battery flex (a battery 257, Fig 2) that is incorporated in a first of the pair of temples, and
a metal component (a ground area 320, Fig 3) of one of the pair of temples configured as a ground of the antenna (paragraph [0136]).
Park does not explicitly teach the battery 257 is configured as an active element of the antenna.
However, Park teaches that the second radiator 620 may include at least a part of a conductive area (e.g., ground area, conductive protection cover, and/or conductive battery pack) of the first electronic component 305 (e.g., battery). In various embodiments, the first radiator 610 and the second radiator 620 may operate as the antenna (Fig 6; paragraph [0140]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use at least a portion of a battery flex being configured as an active element of an antenna in Park, in order to improve the radiation performance of the antenna.
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Regarding claim 5,
Park as modified discloses the claimed invention, as discussed in claim 1.
Park teaches the metal component is at least one of a temple support, a heat transfer device or a battery (paragraph [0271]).
Regarding claim 7,
Park as modified discloses the claimed invention, as discussed in claim 1.
Park teaches the antenna is positioned between electronics carried by the first of the pair of temples (Fig 6), wherein the electronics include a battery (Fig 6; paragraph [0140]) and a printed circuit board (PCB) (a printed circuit board 251, Fig 6) that carries on-board communication electronics coupled to the antenna to communicate wireless signals via the antenna.
Regarding claim 8,
Park as modified discloses the claimed invention, as discussed in claim 1.
Park does not explicitly teach the PCB has or is coupled to a shorting bar coupled to the battery flex.
However, Park teaches PCB has or is coupled to the ground area 230 (Fig 6) coupled to the battery (Fig 6; paragraph [0140]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a PCB has or being coupled to a shorting bar coupled to a battery flex in Park as modified, in order to improve the radiation performance of the antenna.
Regarding claim 12,
Park as modified discloses the claimed invention, as discussed in claim 1.
Park teaches the metal component is positioned between a head of the user when the eyewear body is worn and the battery flex (Fig 3; paragraph [0140]).
Regarding claim 13,
Park as modified discloses the claimed invention, as discussed in claim 1.
Park teaches the battery flex is spaced by a gap from the metal component along at least a majority of a longitudinal length thereof (Fig 6; paragraph [0140]).
Allowable Subject Matter
I. Claims 2-4, 9-11 and 14 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.
Regarding claim 2, prior art of record or most closely prior art fails to disclose, “the antenna includes at least one switch extending across a gap between the battery flex and the metal component, wherein the at least one switch is configured as a shorting element that selectively electrically connects the active element to the ground”.
Dependent claims 3-4 are considered to be allowable by virtue of its/their dependency/dependencies on claim 2.
Regarding claim 9, prior art of record or most closely prior art fails to disclose, “the metal component comprises a vapor chamber that extends longitudinally from the PCB at a front portion of the first of the pair of temples to the battery at a rear portion of the first of the pair of temples”.
Regarding claim 10, prior art of record or most closely prior art fails to disclose, “the antenna of the first of the pair of temples is configured to operate at two or more frequency ranges, and further comprising a second antenna carried by a second of the pair of temples, wherein the second antenna is configured to operate at two or more frequency ranges, wherein the two or more frequency ranges of the antenna differs from the two or more frequency ranges of the second antenna”.
Dependent claim 11 is considered to be allowable by virtue of its/their dependency/dependencies on claim 10.
Regarding claim 14, prior art of record or most closely prior art fails to disclose, “the metal component is substantially continuous and extends substantially in parallel with the battery flex”.
II. Claims 15-20 are allowed. The following is an examiner’s statement of reasons for allowance.
Regarding claim 15, prior art of record or most closely prior art fails to disclose, “providing a battery flex carried by the first of the pair of temples with the battery flex spaced by a gap from the metal component for a least a majority of a longitudinal length thereof, and operating the antenna with the gap as a radiating aperture of the antenna”. These features reflect the application’s invention and are not taught by the pertinent prior arts. There is no reason or suggestion in the prior art for one of ordinary skill in the art to modify Park (US 20230231303) to include features of claim 15.
Dependent claims 16-19 are considered to be allowable because of its/their dependency/dependencies on claim 15.
Regarding claim 20, prior art of record or most closely prior art fails to disclose, “an antenna having an active element formed by a battery flex incorporated in at least the first of the pair of temples, wherein the battery flex is a flexible electrically conductive component that extends longitudinally along at least a portion of a longitudinal length of the first of the pair of temples and couples to the battery for structural support thereof, wherein the antenna includes a metal component of the first of the pair of temples configured as a ground of the antenna”. These features reflect the application’s invention and are not taught by the pertinent prior arts. There is no reason or suggestion in the prior art for one of ordinary skill in the art to modify Park (US 20230231303) to include features of claim 20.
Conclusion
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply.
Applicant, in preparing the response, should consider fully the entire reference aspotentially teaching all or part of the claimed invention, as well as the context of thepassage as taught by the prior art or disclosed by the Examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Tran whose telephone number is (571) 270-7650. The examiner can normally be reached on Monday-Friday 8:00 am-5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dimary Lopez can be reached on (571) 270-7893. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAI V TRAN/Primary Examiner, Art Unit 2845
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