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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim limitations in this application that use the word “means” (or “step”) and being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph include:
image acquisition means (15);
audio acquisition means (16);
electric power supply means (20);
electronic processing means (17); and
means of a connection cable (28);
serialization device (27); and
deserialization device (29).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
Regarding claim 1, the term "possible" renders the claim indefinite because it is unclear whether the limitations following the term are part of the claimed invention. See MPEP § 2173.05(d).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5 and 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over LUDLOW, (From IDS: US 2009/0307828) in view of SHAU et al., (US 2022/0146860).
Regarding claim 1: LUDLOW teaches sports goggles [¶0014 teaches: Wearer's of goggles, such as ski goggles] (10) comprising a frame (11) with an anatomical and ergonomic shape [¶0014 teaches: provide a goggle with a camera, which is comfortable to wear], one or more lenses [¶0025 teaches: Another feature of a ski goggle is its special lens. A double lens system with vacuum in between is typically used to prevent fogging.] (12) externally attached to said frame (11) [See Fig. 1, Elements 106 and 104], a possible internal padding (13) attached to said frame [¶0025 teaches: In order to make the goggle comfortable for the user, the part of the goggle that lies on the face of the user is provided with a flexible padding or soft cushioning material 12, typically made of foamed plastic, foamed rubber or very soft plastic material which is cemented or otherwise secured to the frame.] (11), and a possible adjustment strap (14) attached at the ends to said frame (11) in order to adjust the adhesion of the sports goggles (10) to the face [¶0027 teaches: An elastic head band strap 20 attaches to both sides of the frame 10 to secure the goggle to the wearer's head or back of a helmet.], wherein they comprise image acquisition means [¶0029: A miniature digital camera 200 is secured inside the frame 102 using a special housing 205 built to receive the camera, as illustrated in FIG. 4. The lens, the lens cover, the digital imager and the converter are imbedded in top-front 102 of the frame.].
However, it does not appear that LUDLOW explicitly teaches an audio acquisition means (16) associated with said frame.
In a related field of endeavor, SHAU teaches an audio acquisition means (16) associated with said frame [Abstract teaches: video and audio devices associated with the headwear].
Given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate SHAU’s teaching of an audio acquisition means into LUDLOW’s sports goggles for the benefit, as taught by SHAU, of teleconferencing capabilities. [SHAU, Summary of the Preferred Embodiments]
In addition, LUDLOW teaches an electronic processing means (17) for processing data acquired by said image and audio acquisition means [¶0029 teaches: The first side connector 201 has electrical connectors to connect to a camera control box] (15, 16), connected to electric power supply means [¶0029 teaches: The top portion of the frame is also designed to receive electrical wirings from the digital camera to the sides of the frame to electrically connect the camera to the control box and the battery back (typically a lithium battery) located on the strap. The present embodiment includes an opening 208 on the top portion of the frame that can receive the electrical wiring 240.] (20), wherein at least said image acquisition means (15) are positioned in such a way as to be disposed in proximity to the eye zone, or in the visual field, of said user, in order to acquire images that have a visual perspective comparable to the visual perspective of the user [¶0034 teaches: the wearer can watch the image that is captures. The lens can then be adjusted to change the field of view of the camera. The camera's field of view is set to image wearer's front eye view.].
Regarding claim 2: the essence of the claim is taught above in rejection of claim 1.
In addition, LUDLOW teaches wherein said image acquisition means (15) comprise one or more image acquisition sensors (15a) and said audio acquisition means [¶0036 teaches: Most digital cameras come with video and audio options] (16) comprise at least one microphone (16a), wherein said electronic processing means (17) comprise at least one image processing device (25) and a program processor (26) operatively connected to each other [¶0031 teaches: The control and power unit can be directly connected to the wiring, without a special receiving place on the strap. The strap will then have a pocket for the control unit to slide in.].
Regarding claim 3: the essence of the claim is taught above in rejection of claim 2.
In addition, LUDLOW teaches wherein in that said electronic processing means (17) also comprise a serialization device (27) and a deserialization device (29) connected to each other by means of a connection cable [¶ 0033 teaches: The control box 400 comprises of a rechargeable battery 410, preferably a lithium battery, a data storage device 420, such as a SD card of a digital camera or a phone camera, a USB port 430 to download the images as well as recharging the battery unit, a display screen, such as a liquid crystal display (LCD), 440, and other standard control button known to the art. Both internal memory and external memory devices are commonly used in digital cameras, and the same can be incorporated within the present goggle]. (28) and to one or more other electronic processing means [¶0035 teaches: Additionally, the control box may include a mini-transmitter/receiver removable connected to the box. This system can be used to remotely transmit images to remote location.] (17).
Regarding claim 4: the essence of the claim is taught above in rejection of claim 2.
In addition, LUDLOW teaches wherein in that one or more of said electronic processing means (17) can be disposed in an external container (30) that is separate from said frame [¶0031 teaches: The digital camera is connected to a control and power unit placed on the strap 300. The control and power unit can be located anywhere on the strap which is convenient for the wearer. The strap is both mechanically, using any mechanical means (one shown in FIG. 5 at 310 and 311) and electronically 320 connected to the frame. In the present embodiment, the strap has a built-in pocket to receive the control/power unit. Once the control/power unit is clicked into position, it is electrically connected to the imager on the goggle frame.] (11) and/or from said padding (13), wherein said power supply means (20) can also be positioned in said container [¶0023 teaches: FIG. 7 illustrates the digital camera control unit comprising the electronics for the digital camera, battery pack, storage device port and the USB port.] (30).
Regarding claim 5: the essence of the claim is taught above in rejection of claim 4.
In addition, LUDLOW teaches wherein said container (30) is removably attached on said adjustment strap (14), in correspondence with a rear zone thereof, opposite to said frame [¶0023 teaches: FIG. 7 illustrates the digital camera control unit comprising the electronics for the digital camera, battery pack, storage device port and the USB port; also see fig 6 showin removable attached element 360] (11).
Regarding claim 8: the essence of the claim is taught above in rejection of claim 2.
In addition, LUDLOW teaches wherein at least said image processing device (25) and said program processor (26) are associated with said frame (11) and/or with said padding (13) and are positioned in a suitable housing seating (31), wherein said power supply means (20) are also positioned in said housing seating ([¶0023 teaches: FIG. 7 illustrates the digital camera control unit comprising the electronics for the digital camera, battery pack, storage device port and the USB port] (31).
Regarding claim 9: the essence of the claim is taught above in rejection of claim 2.
In addition, LUDLOW teaches wherein at least one image acquisition sensor (15a) is positioned in correspondence with an upper central zone (Z1) of said frame (11) [¶0025 teaches: The present invention can be used with any type of conventional goggle, in particular with a ski goggle. One embodiment of the present invention, illustrated in FIG. 1, is a ski goggle with a built-in camera; See Fig. 1, Element 102; and ¶0029 teaches: A miniature digital camera 200 is secured inside the frame 102 using a special housing 205 built to receive the camera, as illustrated in FIG. 4.].
Regarding claim 10: the essence of the claim is taught above in rejection of claim 2.
In addition, SHAU teaches wherein at least one image acquisition sensor (15a) is positioned in correspondence with a lower central zone (Z2) of said frame (11) [¶0038 teaches: A right-eye-side camera (CR) is placed on or near the bottom of the right viewing window (WR), and a left-eye-side camera (CL) is placed on or near the bottom of the left viewing window (WL), as shown in FIG. 3(a). These cameras (CR, CL) can also be placed in many other locations, such as on or near the top of the viewing windows (WR, WL), or on or near the sides of the viewing windows (WR, WL).].
The motivation to combine is the same as for claim 1 [See teaching above.]
Regarding claim 11: the essence of the claim is taught above in rejection of claim 2.
In addition, SHAU teaches wherein one or more image acquisition sensors (15a) are positioned in correspondence with one or more external lateral zones (Z3) of said frame (11), to the side of the user's eyes, wherein, in order to achieve a stereoscopic vision in video recording, at least two image acquisition sensors (15a) are positioned specularly in said external lateral zones (Z3) [¶0038 teaches: The geometry of these cameras (CR, CL) allows users to view three-dimensional video images of working areas with the video display devices (SR, SL), with accurate and natural depth perception.].
The motivation to combine is the same as for claim 1. [See teaching above.]
Regarding claim 12: the essence of the claim is taught above in rejection of claim 2.
In addition, SHAU teaches wherein one or more image acquisition sensors (15a) are positioned in correspondence with one or more lower lateral zones (Z4) of said frame (11), under the user's eyes [¶0038 teaches: A right-eye-side camera (CR) is placed on or near the bottom of the right viewing window (WR), and a left-eye-side camera (CL) is placed on or near the bottom of the left viewing window (WL), as shown in FIG. 3(a).] , wherein, in order to achieve a stereoscopic vision in video recording, at least two image acquisition sensors (15a) are positioned specularly in said lower lateral zones [¶0038 teaches: The geometry of these cameras (CR, CL) allows users to view three-dimensional video images] (Z4)
The motivation to combine is the same as for claim 1. [See teaching above.]
Allowable Subject Matter
Claims 6-7 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.
Conclusion
Prior art not relied upon: Please refer to the references listed in an attached PTO-892 and that are not relied upon for the claim rejections detailed above. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
In particular, HAGLUND, (US 6,717,737) teaches an imaging device adapted to be worn by a user having goggles, receive light, and convert the received light into video signals amenable for recordation by the recording device;
KRAUTER, (US 2011/0072564) teaches Sports goggles for use with a sports helmet have a frameless lens or a frame for receiving a lens or several lens segments or lenses. At least one flexible and elastic fastening strap is connected to each side of the frameless lens or the frame, respectively.;
SHAU et al., (US 2021/0067764) teaches ergonomic protective eyewear; and
GREEN (US Patent No US 6,295,064) teaches eyewear with headgear retention devices.
In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marnie Matt whose telephone number is (303)297-4255. The examiner can normally be reached Monday - Friday, 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jay Patel can be reached at 571-272-2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARNIE A MATT/Primary Examiner, Art Unit 2485
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