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
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) 1-5, 9-11, 15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pearson, et al. (US 2008/0192114) in view of Ludlow (US 2009/0307828).
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Regarding claim 1, Pearson discloses “an image capture device (Fig. 10, ref.# 1001) configured for removable coupling to and from a frame (Fig. 10, ref.# 102) of the protective eyewear, wherein the image capture device includes a connecting portion that extends into the frame to removably couple the image capture device to the frame (paragraph 0067); and a control module configured to power (Fig. 23, ref.# 1935) the image capture device…”.
Regarding claim 15, Pearson discloses “an image capture device (Fig. 10, ref.# 1001) configured for removable coupling to and from a frame (Fig. 10, ref.# 102) of the protective eyewear; a control module configured to power (Fig. 23, ref.# 1925) the image capture device via wiring (Fig. 23, ref.# 1929) connecting the control module to the image capture device; and a strap (Fig. 3, ref.# 105) configured for removable coupling to and from the frame (Fig. 1, ref.# 102) of the protective eyewear…”.
In Pearson, the control module (i.e., housing w/ battery) is connected to a strap to be attached to the users, body, leg or arm. Thus, Pearson does not teach (Claim 1) “a control module”… ”for removable coupling to and from a strap of the protective eyewear, wherein the control module is spaced apart from the image capture device when the image capture device and the control module are coupled to the protective eyewear”; and (Claim 15) “wherein the control module is removably coupled to the strap and spaced apart from the image capture device when the image capture device is coupled to the frame of the protective eyewear.”
However, protective eyewear with a camera that includes a head strap wherein a control and power unit is removably attached to the strap was well known in the art prior to the effective filing date of the claimed invention as taught by Ludlow (See paragraph 0031). Thus, one of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to modify Pearson such that a control module”… ”for removable coupling to and from a strap of the protective eyewear, wherein the control module is spaced apart from the image capture device when the image capture device and the control module are coupled to the protective eyewear”; and/or “wherein the control module is removably coupled to the strap and spaced apart from the image capture device when the image capture device is coupled to the frame of the protective eyewear” in order to locate the control module in a location convenient to the wear and decrease the likelihood that the wiring from the camera to the control box is damaged from accidental snagging the wire.
Regarding claim 2, Pearson discloses “a lens assembly (Fig. 1, ref.# 110) located at least partially within a body of the image capture device (Fig. 1, ref.# 102); one or more microphones (Fig. 1, ref.# 125); one or more speakers (paragraph 0025); and a light (Fig. 1, ref.# 114) configured to illuminate an area external to the image capture device.”
Regarding claim 3, Pearson discloses “wherein the protective eyewear includes: a lens (Fig. 7, ref.# 110, Fig. 19, ref.# 1910) secured within the frame, wherein the lens assembly is configured to extend outward from the protective eyewear beyond an entirety of an exterior surface of the lens (Fig. 19).”
Regarding claim 4, Pearson discloses “wherein the strap (Fig. 3, ref.# 105) is coupled to the frame (Fig. 1, ref.# 102) and configured to secure the protective eyewear to a head of a user (paragraph 0027).”
Regarding claim 5, Pearson discloses “wherein the control module includes a user interface to control operation of the image capture device.” (Fig. 2, ref.# 112a, 112b)
Regarding claim 9, Pearson discloses “wherein the control module (Fig. 23, ref.# 1935) includes one or more contacts (Fig. 23, ref.# 1939) that are configured to electrically connect an accessory (Fig. 23, ref.# 1930) to the control module.”
Regarding claim 10, Pearson discloses “wherein the accessory is at least one of a cellular network module, a power module, or a peer-to-peer communication module.” (paragraph 0064: wireless transmission)
Regarding claim 11, Pearson discloses “wherein the one or more contacts are configured to electrically and mechanically connect (Fig. 23, ref.# 1939) the accessory to the control module (Fig. 23, ref.# 1935).”
Regarding claim 20, Pearson discloses “wherein the protective eyewear is a pair of safety glasses or sunglasses.” (paragraph 0002)
Claim(s) 6-8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pearson, et al. (US 2008/0192114) in view of Ludlow (US 2009/0307828) as applied to claims 1 and 15 above, and further in view of Adbollahi, et al. (US 9,001,005).
Modified Pearson discloses all the structure set forth in the claims except:
(Claim 6) “wherein the control module includes one or more clip portions that are configured to secure the control module to the strap, and wherein a position of the control module along the strap is adjustable via the clip portions”;
(Claim 7) “wherein the control module includes a housing, and wherein the one or more clip portions are formed with the housing”;
(Claim 8) “wherein the housing defines a cavity therein that is accessible via an openable access panel of the housing, and wherein a power module is disposed in the cavity of the housing and configured to power the image capture device”; and
(Claim 16) “ “wherein the wiring is routed through an interior channel defined by the strap and located between the image capture device and the control module.”
However, the use a control module w/ power supply that may be attached by a clip to a head strap to control and provide power to an electronic system, wherein the clip location is adjustable, wherein clip portions are formed with the housing of the control module and wherein the control module includes a cavity to hold a power supply, and wherein wiring is fed through a channel of the strap was well known in the art prior to the effective filing date of the claimed invention as taught by Abdollahi (See Fig. 1, ref.# 230, 136; Fig. 2A, ref.# 236; Fig. 11A, ref. 1231). Thus, it would have been obvious to further modify Pearson to use a control module w/ power supply that may be attached by a clip to a head strap to control and provide power to an electronic system, wherein the clip location is adjustable, wherein clip portions are formed with the housing of the control module and wherein the control module includes a cavity to hold a power supply, and wherein wiring is fed through a channel of the strap in order to allow the user to position the control module / power supply to balance the eyewear and allow for optimal comfort for the user.
Claim(s) 12-14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pearson, et al. (US 2008/0192114) in view of Ludlow (US 2009/0307828) as applied to claims 1 and 19 above, and further in view of Belbey, et al. (US 9,864,211).
Regarding claims 12-14, modified Pearson discloses all the structure set forth in the claims except: (Claim 12) “wherein the connecting portion is configured to rotatably couple the image capture device to the frame such that the image capture device is configured to rotate with respect to the frame when the image capture device is coupled to the frame”; (Claim 13) “wherein the connecting portion includes one or more teeth that are configured to mesh with teeth of the frame and establish geared rotation of the image capture device with respect to the frame” and (Claim 14) “wherein the frame defines a receiving portion therein, and the teeth of the frame are disposed within the receiving portion such that, when the connecting portion is inserted into the receiving portion, the teeth of the receiving portion mesh with the teeth of the connecting portion.”
However, a headset with a frame with a camera system attached, wherein the camera is attached to the frame with a connector that includes indentations (i.e., teeth) that will allow the camera to be positioned (i.e., rotated) was well known the art prior to the effective filing date of the claimed invention as taught by Belbey (See column 16, lines 32 – 55; Figures 2, 3, 4, 24). Thus, it would have been obvious to one having ordinary skill in the art to further modify Pearson such that “wherein the connecting portion is configured to rotatably couple the image capture device to the frame such that the image capture device is configured to rotate with respect to the frame when the image capture device is coupled to the frame”; “wherein the connecting portion includes one or more teeth that are configured to mesh with teeth of the frame and establish geared rotation of the image capture device with respect to the frame” and (Claim 14) “wherein the frame defines a receiving portion therein, and the teeth of the frame are disposed within the receiving portion such that, when the connecting portion is inserted into the receiving portion, the teeth of the receiving portion mesh with the teeth of the connecting portion” in order to allow the user to adjust the angle of the camera relative to the line of sight of the user.
Regarding claim 19, modified Pearson discloses all the structure set forth in the claims, including being able to locate the control module anywhere along the strap for comfort and easy access, except “wherein the image capture device is configured for positioning near a left side or right side of the head of the user”. However, protective eye wear wherein a camera is attached to the arm (or strap) near the left or right side of the head of a user was well known in the art prior to the effective filing date of the claimed invention as taught by Belbey (See Fig. 2). Thus, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to further modify Pearson such that the detachable camera system of Pearson (See Pearson Fig. 10) is located on a side of the frame, or attached to the strap / arm, on the left or right side of the head of the user in order to provide easier access to the camera unit.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pearson, et al. (US 2008/0192114) in view of Ludlow (US 2009/0307828) as applied to claim 15 above, and further in view of Osterhout, et al. (US 2013/0314303)
Regarding claims 17-18, modified Pearson discloses all the structure set forth in the claims except: (Claim 17) “wherein the strap is configured to be removably coupled to the frame of the protective eyewear and interchangeable with arms that are configured to be removably coupled to the frame” and (Claim 18) “wherein the strap is configured to removably couple to one or more quick-release mechanisms of the frame of the protective eyewear.” However, protective eyewear wherein a strap and arms are interchangeable were well known in the art prior to the effective filing date of the claimed invention as taught by Osterhout (See paragraph 0574). Thus, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to further modify Pearson such that “wherein the strap is configured to be removably coupled to the frame of the protective eyewear and interchangeable with arms that are configured to be removably coupled to the frame” and “wherein the strap is configured to removably couple to one or more quick-release mechanisms of the frame of the protective eyewear” in order to allow a user to quickly switch between a strap and arms depending on the activity of the user where comfort (i.e., arms) or being securely held in place (i.e., strap) is desired.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wexler, et al. (US 10,178,291), Lin (US 10,137,969), Freeman, et al. (US 2018/0249151), Blum, et al. (US 2017/0363885), Korean reference (KR 101283372), Swain (US 2006/0262194), Haglund (US 6,717,737) and Campbell (US 4,516,157) teach a imaging system for protective eyewear.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY FULLER whose telephone number is (571)272-2118. The examiner can normally be reached 8:00 am - 4:30 pm, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie Bloss can be reached at 571-272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RODNEY E FULLER/Primary Examiner, Art Unit 2852
August 7, 2026
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