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 § 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) 1-6, 8, 17, 23, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Law et al. (2024/0111163).
Regarding claim 1, Law teaches 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:
an overhead strap (members 603 and 642) comprising a first end (member 623) and a second end (member 616), wherein the first end is coupled to the head-mounted housing (member 622, para 0583) at a front of the head, and the second end is configured to contact a rear of the head (fig 12); and
a counterweight (member 615) coupled directly to the second end of the overhead strap at a rear of the head (fig 12).
Law does not teach the counterweight comprises one or more weights of at least 100 grams.
However, Law teaches in para 0541 and 0594 that the counterweight use to counter-balance the weight of the display unit. Therefore, 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 counterweight weight such as 100 grams or more in order to provide greater comfort and optimal position for the user. In addition the court held that it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP 2144 II. A.
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). Therefore, 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.
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).
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Regarding claim 8, Law teaches a headband system (figs 16A-16H) configured to be coupled to a head-mounted device comprising a head-mounted housing (member 720) with an extension (member 760) and a post on the extension (fig 16A annotated above), the headband system comprising:
an upper headband (member 780) configured to be coupled to the extension post and to extend from the extension at a first angle, wherein the upper headband is configured to rotate about the post (para 0617);
a rear headband (member 764) configured to be coupled to the extension post and to extend from the extension at a second angle that is different from the first angle, wherein the rear headband is configured to rotate about the post (para 0617);
an overhead strap (member 756) comprising a first end and a second end, wherein the second end is configured to contact a rear of the head (fig 32); and
a counterweight battery pack (member 790) coupled to the overhead strap.
Law teaches on another embodiment (fig 2A) having an overhead strap (member 48) comprising a first end (member 54) and a second end (member 38), wherein the first end is coupled to the head-mounted housing (member 22) at a front of the head.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to combined the embodiments together in order to provide greater comfort and optimal position for the user.
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 2A and 16A).
Regarding claim 23, Law teaches a headband system (figs 16A-16H) configured to be coupled to a head-mounted device (member 720) comprising a head-mounted housing and an extension (member 760) from the head-mounted housing, the headband system comprising:
an overhead strap (member 756) comprising a first end and a second end, wherein the second end is coupled to a rear of the head (fig 16A);
a counterweight (member 790) coupled to the second end of the overhead strap;
an upper headband (member 780) coupled to the extension and to the overhead strap; and
a lower headband (member 461) coupled to the extension and to the overhead strap.
Law teaches on another embodiment (fig 2A) having an overhead strap (member 48) comprising a first end (member 54) and a second end (member 38), wherein the first end is coupled to the head-mounted housing (member 22) at a front of the head.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to combined the embodiments together in order to provide greater comfort and optimal position for the user.
Regarding claim 25, Law discloses the counterweight comprises a battery (para 0587) configured to be coupled to the head-mounted device.
Response to Arguments
Applicant's arguments, date 05-18-2026, with respect to the rejections of claims under 35 U.S.C §102 and 35 U.S.C §103 have been fully considered, but they are not persuasive because applicant argues that the prior art does not teach the amended limitations. However, this argument is not commensurate with the rejected claims, as the limitations have not been previously presented and they have been address as analyzed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/ Primary Examiner, Art Unit 3732
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