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 § 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.
Claim(s) 1-6 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ellis et al. (US Pub. 20190041899, Ellis).
As per claim 1, Ellis teaches (in figures 1-5) a head mountable display (HMD) comprising: a display unit (main body housing 107) comprising mounting structures (head strap connector mounts 321); a front cover (front cover 103) configured to be selectively coupled to the display unit; a facial engagement (textile cover 115 and facial interface assembly 113) configured to be selectively coupled to the display unit, the facial engagement configured to engage a face of a user; and a securement (rear strap 109) configured to be selectively coupled to the mounting structures, and to position the facial engagement against the face of the user, wherein a combination of the front cover and the facial engagement retains the mounting structure (front cover 103, textile cover 115, and facial interface assembly 113 sandwich the main body housing and therefore retains the head strap connector mounts 321).
As per claim 2, Ellis teaches (in figures 1-5) that the securement comprises a strap, a band, or a pair of arms (rear strap 109) configured to secure the HMD to the user’s head.
As per claim 3, Ellis teaches (in figures 1-5) that the facial engagement (textile cover 115 and facial interface assembly 113) comprises a facial pad (facial interface foam 411).
As per claim 4, Ellis teaches (in figures 1-5) that the facial pad (facial interface foam 411) is configured to primarily engage a brow of the user (contacts and deforms to the brow of the user see figures and paragraphs 22 and 25).
As per claim 5, Ellis teaches (in figures 1-5) that the facial engagement (textile cover 115 and facial interface assembly 113) comprises a light seal (textile cover 115) configured to limit light ingress when sealed against the face of the user (paragraphs 17-18).
As per claim 6, Ellis teaches (in figures 1-5) that the front cover (front cover 103) is selectively coupled to a frame (main body housing 107) of the display unit.
As per claim 8, Ellis teaches (in figures 1-5) that the facial engagement (textile cover 115 and facial interface assembly 113) is a first facial engagement; the system further comprises a second facial engagement configured to removably couple to the display unit; and the first facial engagement or the second facial engagement configured to be selectively coupled to the display unit (Ellis teaches in paragraphs 17 and 25 that both the textile cover 115 and facial interface assembly 113 are replaceable).
As per claim 9, Ellis teaches (in figures 1-5) that the securement (rear strap 109) is a first securement; the system further comprises a second securement (upper strap 111) configured to removably couple to the display unit (main body housing 107); and the first securement or the second securement configured to be selectively coupled to the display unit (see paragraph 16).
As per claim 10, Ellis teaches (in figures 1-5) that the second securement (upper strap 111) is of a different type than the first securement (rear strap 109).
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.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ellis et al. (US Pub. 20190041899, Ellis) as applied to claim 1 above and in further view of Tsao (US Pub. 20200064653).
As per claim 7, Ellis does not explicitly teach an adjustable nose pad.
However, Tsao teaches (in figures 1-4B) providing an adjustable nose pad (nose pad structure 110) in order to increase user comfort (paragraph 10).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ellis to include the adjustable nose pad of Tsao.
The motivation would have been to increase user comfort.
Claim(s) 11, 13, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ellis et al. (US Pub. 20190041899, Ellis) in view of Chen (US Pub. 20170075134).
As per claim 11, Ellis teaches (in figures 1-5) a head mountable display (HMD) comprising: a display unit (main body housing 107); a facial engagement (textile cover 115 and facial interface assembly 113) removably coupled to the display unit and configured to fit the HMD to the user’s face; a first securement (rear strap 109) configured to removably couple to the display unit and provide the HMD in a first form factor or use.
Ellis does not specifically teach a second securement, different from the first securement, configured to removably couple to the display unit and provide the HMD in a second form factor or use.
However, Chen teaches (in figures 1-5) providing a second securement (wearing portion 3 as a temple structure as shown in figure 1), different from a first securement (wearing portion 3 as a strap as shown in figure 2), configured to removably couple to the device and provide the device in a second form factor or use.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ellis to include the attachment means and second securement as suggested by Chen.
The motivation would have been to provide easy customization of the wearable device according to user need.
As per claim 13, Ellis teaches (in figures 1-5) that the securement comprises a band (rear strap 109) selected from a plurality of bands based on user preference or use (see paragraph 16 which teaches that the rear strap 109 is replaceable).
As per claim 14, Ellis teaches (in figures 1-5) that the facial engagement (textile cover 115 and facial interface assembly 113) comprises a facial pad (facial interface foam 411) selected from a plurality of facial pads based on user preference or use (see paragraph 25 which teaches that the facial interface foam 411 is replaceable).
As per claim 16, Ellis teaches (in figures 1-5) an electronic display device comprising: a display unit (main body housing 107); a facial engagement (textile cover 115 and facial interface assembly 113) configured to engage a face of a user; a first securement (rear strap 109) a first coupling (auxiliary attaching pines 417 and auxiliary attaching pin holes 325) to removably couple the facial engagement to the display unit (see paragraphs 24-25); and a second coupling (head strap connector mounts 321 and head strap connector 105) to removably couple the first securement to the display unit (see paragraphs 16 and 18).
Ellis does not teach a second securement, each of the first securement and the second securement configured to secure the electronic display device to the user’s head to set a form factor or a use of the electronic display device, the first securement and the second securement each setting a different form factor or use of the electronic display device wherein the second coupling removably couple the second securement to the display unit.
However, Chen teaches (in figures 1-5) providing both a first securement (wearing portion 3 as a strap as shown in figure 2) and a second securement (wearing portion 3 as a temple structure as shown in figure 1), wherein each of the first securement and the second securement configured to secure the device to the user’s head to set a form factor or a use of the device, the first securement and the second securement each setting a different form factor or use of the electronic display device; and a second coupling (protruding part 31 and pit 32, assembly slot 11, and positioning element 2) to removably couple the first securement and the second securement to the device.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ellis to include the attachment means and second securement as suggested by Chen.
The motivation would have been to provide easy customization of the wearable device according to user need.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ellis et al. (US Pub. 20190041899, Ellis) and Chen (US Pub. 20170075134) as applied to claim 11 above and in further view of Behera et al. (US Pub. 20220015854, Behera).
As per claim 12, Ellis does not teach that the securement comprises an attachment rig configured to cantilever the display unit in front of the user.
However, Behera teaches (in figure 1E) providing a securement (second case 104) with an attachment rig (attachment point of second case 104 and first case 102) configured to cantilever the display unit in front of the user (flip up feature 108 see figure and paragraph 23).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ellis to include an attachment rig configured to cantilever the display unit in front of the user as suggested by Behera.
The motivation would have been to enable direct visibility as taught by Behera (paragraph 23).
Claims 15 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ellis et al. (US Pub. 20190041899, Ellis) and Chen (US Pub. 20170075134) as applied to claims 11 and 16 respectively above and in further view of Sullivan et al. (USP 10133305, Sullivan).
As per claim 15, Ellis in view of Chen teaches that the facial engagement (textile cover 115 and facial interface assembly 113 in Ellis) is a first facial engagement; and the display unit (main body housing 107 in Ellis as modified by Chen), the first facial engagements (removable textile cover 115 and facial interface assembly 113 in Ellis), the first securement (rear strap 109 as modified by Chen and corresponding to wearing portion 3 as a strap as shown in figure 2 of Chen), and the second securement (wearing portion 3 as a temple structure as shown in figure 1 in Chen) are configured to be mixed and matched to vary the HMD.
Ellis in view of Chen does not explicitly teach a second facial engagement configured to removably couple to the display unit, the second facial engagement of a different type than the first facial engagement; wherein the first facial engagement and the second facial engagement are configured to be mixed and matched to vary the HMD.
However, Sulivan teaches providing a plurality of facial engagements (‘facial interface cushions”) of different sizes and shapes in order to ensure that the user can select the facial engagement which provides the appropriate fit (Col. 3 line 55-Col 4 line 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide additional facial engagements which are different from the first facial engagement as suggested by Sulivan.
The motivation would have been to ensure that the user is able to select the facial engagement which provides an appropriate fit.
As per claim 19, Ellis in view of Chen teaches that the facial engagement (textile cover 115 and facial interface assembly 113 in Ellis) is a first facial engagement (comprising facial interface assembly 113 in Ellis); the first coupling (auxiliary attaching pines 417 and auxiliary attaching pin holes 325 in Ellis) is configured to selectively couple the first facial engagement to the display unit; and the second coupling (head strap connector mounts 321 and head strap connector 105 in Ellis as modified by Chen to have the structure of protruding part 31 and pit 32, assembly slot 11, and positioning element 2 from Chen is configured to selectively couple the first securement or the second securement to the display unit.
Ellis in view of Chen does not teach that the system further comprises a second facial engagement selectively couplable to the first coupling.
However, Sulivan teaches providing a plurality of facial engagements (‘facial interface cushions”) of different sizes and shapes in order to ensure that the user can select the facial engagement which provides the appropriate fit (Col. 3 line 55-Col 4 line 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide additional facial engagements which are different from the first facial engagement as suggested by Sulivan.
The motivation would have been to ensure that the user is able to select the facial engagement which provides an appropriate fit.
As per claim 20, Ellis in view of Chen and Sulivan teaches that the first facial engagement (textile cover 115 and facial interface assembly 113 in Ellis of a first size) comprises a light seal (textile cover 115 in Ellis); the second facial engagement (textile cover 115 and facial interface assembly 113 in Ellis of a second size under the modification from Sulivan) comprises a brow pad (facial interface assembly 113 in Ellis of a second size under the modification from Sulivan); the first securement (rear strap 109 as modified by Chen and corresponding to wearing portion 3 as a strap as shown in figure 2 of Chen) comprises a first one of a strap, a band, or a pair of arms; and the second securement (wearing portion 3 as a temple structure as shown in figure 1 in Chen) comprises a second one of the strap, band, or pair of arms.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Ellis et al. (US Pub. 20190041899, Ellis) and Chen (US Pub. 20170075134) as applied to claim 16 above and in further view of Tsao (US Pub. 20200064653).
As per claim 17, Ellis does not explicitly teach an adjustment configured to fit the electronic display device to the user.
However, Tsao teaches (in figures 1-4B) providing an adjustment in the form of an adjustable nose pad (nose pad structure 110) in order to increase user comfort (paragraph 10).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ellis to include the adjustable nose pad of Tsao.
The motivation would have been to increase user comfort.
As per claim 18, Ellis in view of Tsao teaches that the adjustment comprises an adjustable nose pad (nose pad structure 110 from Tsao).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER P GROSS whose telephone number is (571)272-5660. The examiner can normally be reached Monday-Friday 9am-6pm EST.
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/ALEXANDER P GROSS/Primary Examiner, Art Unit 2871
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