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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03-19-2025 is acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Species A and sub Species III in the reply filed on 11-10-2025 is acknowledged. However, the examiner noted the fig 2 should be included into Species III; therefore applicant election include figure 2 and figure 3.
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) 1, 4-6, 8, 12, 17, are 23-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Law et al. (2024/0111163).
Regarding claim 1, Law discloses a headband system (figs 12-14) configured to be coupled to a head-mounted device comprising a head-mounted housing and to be worn on a head, the headband system comprising:
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an overhead strap (member 603) comprising a first end and a second end, wherein the first end is coupled to the head-mounted housing at a front of the head (fig 14 annotated above and para 0583); and
a counterweight (member 615) coupled to the second end of the overhead strap at a rear of the head.
Regarding claim 4, Law discloses the head-mounted housing comprises an extension with a connection point, the head-mounted device further comprising: a rear headband coupled to the connection point (member 642).
Regarding claim 5, Law discloses the counterweight is coupled to the rear headband (member 615).
Regarding claim 6, Law discloses the rear headband has a first portion coupled to the connection point and a second portion coupled to the second end of the overhead strap (figs 12-14).
Regarding claim 8, Law discloses a headband system (figs 12-14) configured to be coupled to a head-mounted device comprising a head-mounted housing (member 622) with an extension (member 642), the headband system comprising:
an upper headband (member 626) configured to be coupled to the extension and to extend from the extension at a first angle;
a rear headband (member 616) configured to be coupled to the extension and to extend from the extension at a second angle that is different from the first angle; and
a counterweight (member 615).
Regarding claim 12, Law discloses the counterweight is coupled to the rear headband (figs 12-14).
Regarding claim 17, Law discloses the upper headband has a first portion configured to be coupled to the extension and a second portion that is configured to be coupled to an additional portion of the head-mounted housing (figs 12-14).
Regarding claim 23, Law discloses a headband system (figs 12-14) configured to be coupled to a head-mounted device comprising a head-mounted housing (member 622) and an extension (member 642) from the head-mounted housing, the headband system comprising:
an overhead strap (member 603) comprising a first end and a second end, wherein the first end is coupled to the head-mounted housing (figs 14 annotated above and para 0583);
a counterweight (member 615) coupled to the second end of the overhead strap; and
a headband (member 616 and 626) coupled to the extension.
Regarding claim 24, Law discloses the headband comprises a first portion (member 626) that is coupled to the extension and an opposing second portion (member 616) that is coupled to the second end of the overhead strap.
Regarding claim 25, Law discloses the counterweight comprises a battery configured to be coupled to the head-mounted device (para 0561).
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.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Law et al. (2024/0111163).
Regarding claim 2-3, Law teaches all limitations of the claims and further teaches the head-mounted housing comprises a main portion and the first end of the overhead strap is coupled to the main portion (fig 14 annotated above and para 0583).
However Law teaches, in other embodiment (fig 30), a face track (member 5028, para 0808) and a light seal (5013).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the device of Law by combining other embodiment in order to provides a more even fit that is structured and arranged to distribute pressure over more of the user's face to lessen hot spots or localized stress points.
Conclusion
The prior art made of record and not relied upon, is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-THIEU L NGUYEN whose telephone number is (571)270-0476. The examiner can normally be reached M-F 7am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA D. HUYNH can be reached at (571)272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/Primary Examiner, Art Unit 3732