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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. 12,320,987 in view of Chang (U.S. Pub. No. 2022/0099910.
Current Application 19196624
Patent No. 12,320,987
1. A head-mounted device, comprising: a head-mounted housing; an optical assembly in the head-mounted housing that is configured to move towards and away from a nose bridge portion along a shaft of the head-mounted housing, wherein the optical assembly includes a lens and a display configured to provide an image to an eye box through the lens; and
1. A head-mounted device, comprising: a head-mounted housing; optical assemblies in the head-mounted housing that are configured to move towards and away from a nose bridge portion of the head-mounted housing, each optical assembly including a lens and a display configured to provide an image to an eye box through the lens;
(the bold limitation on the left) motors configured to rotate the threaded shafts to move the nuts and the optical assemblies that are coupled to the nuts; (the motor is a part of the head mounted housing, therefore the head mount housing is configured to do the function)
a variable-force clutch between the optical assembly and the shaft, wherein the variable-force clutch is configured to adjust a holding force between the optical assembly and the shaft based on a position of the optical assembly along the shaft.
See below for secondary reference
In claim 1, the limitation of “a variable-force clutch between the optical assembly and the shaft, wherein the variable-force clutch is configured to adjust a holding force between the optical assembly and the shaft based on a position of the optical assembly along the shaft.” is not taught by the patent number 12,320,987. However, the secondary reference of Chang (U.S. Pub. No. 2022/0099910) teaches the following.
Chang teaches a variable-force clutch (Fig. 2, 160A2, when the gear rotates it brings two parts closer to each other, therefore the clutch is a variable or adjustable force clutch, [0030], lines 1-8) between the optical assembly and the shaft (the gear is between the shaft that is on the further side of the gear shaped like a pipe and the optical assembly 120 and 110), wherein the variable-force clutch is configured to adjust a holding force between the optical assembly and the shaft based on a position of the optical assembly along the shaft. (the components 142 and 132 are connected to the two shafts and when the gear 160A2 is turning it adjusts a holding force between the optical assembly 120/110 and the shafts connected to the racks 132/142 of the gear 160A2; As can be seen in figures 3A and 3B, the adjusting force of the gear 160A2 allows the rotation of the clutch to move the two displays 110/120 closer to one another and can hold the displays in the figure 3B position, [0030], lines 13-19).
Therefore, it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to have added the variable force clutch of Chang to the head mounted device of the patent number 12,320,987 because the distance between two displays and the distance between one display and the optical system can be adjusted with only one driver. Therefore, the number of the drivers can be reduced to reduce the cost, volume and weight, [0006], lines 1-6.
Claim 4 of the current application is similar to claim 3 of the US Patent No. 12,320,987.
Claims 17 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10 and 15 of U.S. Patent No. 12,320,987.
Current Application 19196624
Patent No. 12,320,987
17. A head-mounted device, comprising: a head-mounted housing; an optical assembly in the head-mounted housing that is configured to move along a shaft, each optical assembly including a lens and a display configured to provide an image to an eye box through the lens;
10. A head-mounted device, comprising: a head-mounted housing; optical assemblies in the head-mounted housing that are configured to move towards and away from a nose bridge portion of the head-mounted housing, each optical assembly including a lens and a display configured to provide an image to an eye box through the lens;
(the bold limitation on the left) motors configured to rotate the threaded shafts to move the nuts and the optical assemblies that are coupled to the nuts; (the motor is a part of the head mounted housing, therefore the head mount housing is configured to do the function)
a motor configured to move the optical assembly along the shaft;
motors configured to rotate the threaded shafts to move the nuts and the optical assemblies that are coupled to the nuts;
and a flexible mount coupled between the motor and the head-mounted housing.
and flexible mounts each of which is configured to mount a respective one of the motors to the head-mounted housing.
19. A head-mounted device, comprising: a head-mounted housing; an optical assembly in the head-mounted housing that is configured to move about a shaft, each optical assembly including a lens and a display configured to provide an image to an eye box through the lens;
15. A head-mounted device, comprising: a head-mounted housing; optical assemblies in the head-mounted housing that are configured to move towards and away from a nose bridge portion of the head-mounted housing, each optical assembly including a lens and a display configured to provide an image to an eye box through the lens;
(the bold limitation on the left) motors configured to rotate the threaded shafts to move the nuts and the optical assemblies that are coupled to the nuts; (the motor is a part of the head mounted housing, therefore the head mount housing is configured to do the function)
motors configured to rotate the shaft to move the optical assembly; and
motors configured to rotate the threaded shafts to move the nuts and the optical assemblies that are coupled to the nuts;
an electrically adjustable brake configured to control rotation of the shaft.
electrically adjustable brakes each configured to control rotation of a respective one of the threaded shafts.
The instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof.
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, 9, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maric (U.S. Pub. No. 2021/0333506), in view of Chang (U.S. Pub. No. 2022/0099910).
As to claim 1, Maric teaches a head-mounted device ([0023], lines 1-4), comprising: a head-mounted housing ([0004], lines 1-4 and [0023], lines 4-5);
an optical assembly (lens 30 and lens barrel 32) in the head-mounted housing (the optical assembly is inside the head mounted housing shown in Fig. 1) that is configured to move towards and away from a nose bridge portion along a shaft of the head-mounted housing (Fig. 4, the arrows 68 and 70 show that the lens and lens barrel 32 are moving towards or away from each other when the rod 62 is turning, [0046], lines 1-13), wherein the optical assembly includes a lens and a display configured to provide an image to an eye box through the lens ([0028], lines 9-17 and [0030],lines 1-6); and
Maric does not mention a variable force clutch,
Chang teaches a variable-force clutch (Fig. 2, 160A2, when the gear rotates it brings two parts closer to each other, therefore the clutch is a variable or adjustable force clutch, [0030], lines 1-8) between the optical assembly and the shaft (the gear is between the shaft that is on the further side of the gear shaped like a pipe and the optical assembly 120 and 110), wherein the variable-force clutch is configured to adjust a holding force between the optical assembly and the shaft based on a position of the optical assembly along the shaft (the components 142 and 132 are connected to the two shafts and when the gear 160A2 is turning it adjusts a holding force between the optical assembly 120/110 and the shafts connected to the racks 132/142 of the gear 160A2; As can be seen in figures 3A and 3B, the adjusting force of the gear 160A2 allows the rotation of the clutch to move the two displays 110/120 closer to one another and can hold the displays in the figure 3B position, [0030], lines 13-19).
Therefore, it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to have added the variable force clutch of Chang to the head mounted device of Maric because the distance between two displays and the distance between one display and the optical system can be adjusted with only one driver. Therefore, the number of the drivers can be reduced to reduce the cost, volume and weight, [0006], lines 1-6.
As to claim 9, Maric teaches the variable-force clutch comprises a friction clutch (50, [0055], lines 7-10 and [0064], lines 1-4, the end of the rods 50 has friction).
Maric does not teach a variable force clutch,
Chang teaches a variable-force clutch (Fig. 2, 160A2, when the gear rotates it brings two parts closer to each other, therefore the clutch is a variable or adjustable force clutch, [0030], lines 1-8),
Therefore, it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to have added the variable force clutch of Chang to the head mounted device of Maric because the distance between two displays and the distance between one display and the optical system can be adjusted with only one driver. Therefore, the number of the drivers can be reduced to reduce the cost, volume and weight, [0006], lines 1-6.
As to claim 13, Maric teaches a motor (43) configured to move the optical assembly along the shaft ([0064], lines 1-4); and
Maric and Chang do not mention a flexible mount,
Liu teaches a flexible mount (520) that mounts the motor to the head-mounted housing (the driving mechanism 500 considered as a motor is connected to a flexible mount 520 and the flexible mount 520 is connected to the fixing frame 110 or main boy 100, Figs. 2 and 3).
Therefore, it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to have added the spring loaded pin of Liu to the head mounted device of Maric as modified by Chang because the electromagnetic piece 510 can be an electromagnet, the elastic piece 520 can be a compression spring or a tension spring; when the electromagnetic piece 510 is electrified, the electromagnetic force is greater than the elastic force, the electromagnetic force to guide the movement direction of the first transmission component 310, [0047].
Claim(s) 2 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maric (U.S. Pub. No. 2021/0333506), in view of Chang (U.S. Pub. No. 2022/0099910), and further in view of Liu (CN 113325609).
As to claim 2, Maric and Chang teach the head-mounted device of claim 1,
Maric and Chang do not teach a spring loaded pin,
Liu teaches variable-force clutch comprises a spring-loaded pin (Fig. 1 and 3 show the variable force clutch 410 has spring loaded springs 520 and base 313 that together create the spring loaded pin).
Therefore, it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to have added the spring loaded pin of Liu to the head mounted device of Maric as modified by Chang because the electromagnetic piece 510 can be an electromagnet, the elastic piece 520 can be a compression spring or a tension spring; when the electromagnetic piece 510 is electrified, the electromagnetic force is greater than the elastic force, the electromagnetic force to guide the movement direction of the first transmission component 310, [0047].
As to claim 5, Maric and Chang teach the head-mounted device of claim 1,
Maric and Chang do not teach a spring loaded pin,
Liu teaches the optical assembly (the optical assembly shown as two rectangulars where the user’s eye will be placed) is releasably coupled to the shaft with the spring-loaded pin (As can be seen in Fig. 2, the optical assembly is connected to a shaft 310 with the spring loaded pins 500 having components 520 and 313 as shown in Fig. 3 connected to the optical assembly).
Therefore, it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to have added the spring loaded pin of Liu to the head mounted device of Maric as modified by Chang because the electromagnetic piece 510 can be an electromagnet, the elastic piece 520 can be a compression spring or a tension spring; when the electromagnetic piece 510 is electrified, the electromagnetic force is greater than the elastic force, the electromagnetic force to guide the movement direction of the first transmission component 310, [0047].
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maric (U.S. Pub. No. 2021/0333506), in view of Chang (U.S. Pub. No. 2022/0099910), and further in view of Yates (U.S. Pub. No. 2011/0127305).
As to claim 16, Maric teaches control rotation of the shaft ([0046], lines 5-8)
Maric and Chang do not teach a brake,
Yates teaches an electrically adjustable brake (electrically engages and disengages the brake 20, the engaging and disengaging is considered as adjustable portion of the brake, [0011]) configured to control of the shaft (the brake assembly controls the shaft, [0012], lines 1-8).
Therefore, it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to have added the brake of Yates to the shaft of Maric as modified by Chang because that allows the adjustment assembly to be simultaneously adjustable in multiple directions relative to the mounting support by disengagement of the brake pad from the brake member, [0011].
Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maric (U.S. Pub. No. 2021/0333506), in view of Liu.
As to claim 17, Maric teaches a head-mounted device ([0023], lines 1-4), comprising:
a head-mounted housing ([0004], lines 1-4 and [0023], lines 4-5);
an optical assembly (lens 30 and lens barrel 32) in the head-mounted housing (the optical assembly is inside the head mounted housing shown in Fig. 1) that is configured to move along a shaft (Fig. 4, the arrows 68 and 70 show that the lens and lens barrel 32 are moving towards or away from each other when the rod 62 is turning, [0046], lines 1-13), each optical assembly including a lens and a display configured to provide an image to an eye box through the lens ([0028], lines 9-17 and [0030],lines 1-6);
a motor (43) configured to move the optical assembly along the shaft ([0064], lines 1-4 and optical assemblies 30 and 32 are connected to the nuts 64 as can be seen in Fig. 4); and
Maric does not mention a flexible mount,
Liu teaches a flexible mount coupled between the motor and the head-mounted housing (the driving mechanism 500 considered as a motor is connected to a flexible mount 520 and the flexible mount 520 is connected to the fixing frame 110 or main boy 100, Figs. 2 and 3).
Therefore, it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to have added the spring loaded pin of Liu to the head mounted device of Maric because the electromagnetic piece 510 can be an electromagnet, the elastic piece 520 can be a compression spring or a tension spring; when the electromagnetic piece 510 is electrified, the electromagnetic force is greater than the elastic force, the electromagnetic force to guide the movement direction of the first transmission component 310, [0047].
As to claim 18, Maric teaches the device of claim 17,
Maric does not teach the flexible mount,
Liu teaches the flexible mount (520) comprises a spring or an elastomeric mount (Fig. 3, the flexible mount 520 is a spring).
Therefore, it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to have added the spring loaded pin of Liu to the head mounted device of Maric because the electromagnetic piece 510 can be an electromagnet, the elastic piece 520 can be a compression spring or a tension spring; when the electromagnetic piece 510 is electrified, the electromagnetic force is greater than the elastic force, the electromagnetic force to guide the movement direction of the first transmission component 310, [0047].
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maric (U.S. Pub. No. 2021/0333506), in view of Yates.
As to claim 19, Maric teaches a head-mounted device ([0023], lines 1-4), comprising:
a head-mounted housing ([0004], lines 1-4 and [0023], lines 4-5);
an optical assembly (lens 30 and lens barrel 32) in the head-mounted housing (the optical assembly is inside the head mounted housing shown in Fig. 1) that is configured to move about a shaft(Fig. 4, the arrows 68 and 70 show that the lens and lens barrel 32 are moving towards or away from each other when the rod 62 is turning, [0046], lines 1-13), each optical assembly including a lens and a display configured to provide an image to an eye box through the lens ([0028], lines 9-17 and [0030],lines 1-6);
motors (43) configured to rotate the shaft to move the optical assembly ([0064], lines 1-4 and optical assemblies 30 and 32 are connected to the nuts 64 as can be seen in Fig. 4); and
Maric further teaches control rotation of the shaft ([0046], lines 5-8 and [0064], lines 1-4)
Maric does not teach a brake,
Yates teaches an electrically adjustable brake (electrically engages and disengages the brake 20, the engaging and disengaging is considered as adjustable portion of the brake, [0011]) configured to control the shaft (the brake assembly controls the shaft, [0012], lines 1-8).
Therefore, it would have been obvious to one of ordinary skilled in the art at the time the invention was filed to have added the brake of Yates to the shaft of Maric as modified by Chang because that allows the adjustment assembly to be simultaneously adjustable in multiple directions relative to the mounting support by disengagement of the brake pad from the brake member, [0011].
Allowable Subject Matter
Claims 3, 4, 6-8, 10-12, 14, 15, and 20 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.
Claim 3 is objected to because the prior art references do not teach a profiled guide, and the spring-loaded pin is configured to move along the profiled guide to provide variable amounts of spring compression to the spring-loaded pin as the optical assembly is moved relative to the nose bridge portion.
Claim 6 is objected to because the prior art references do not teach a magnet for the clutch and the variable-force clutch comprises first and second magnets.
Claim 10 is objected to because the prior art references do not teach the friction clutch comprises a friction pad configured to press against the optical assembly when combined with claim 9.
Claim 14 is objected to because the prior art references do not teach a rotatable pad configured to be rotated by the motor; and a compressible coupler compressed between the rotatable pad and a portion of the shaft to frictionally couple the rotatable pad to the shaft.
Claim 15 is objected to because the prior art references do not teach a flexible support coupled between the head-mounted housing and an end portion of the shaft.
Claim 20 is objected to because the prior art references do not teach the electrically adjustable brake comprises: an actuator; at least one brake pad configured to be moved by the actuator; and a disk mounted on the shaft, wherein the actuator is configured to move the at least one brake pad towards and away from the disk.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Appel (U.S. Pub. No. 2020/0400934) teaches a single actuation goggle.
Chang (U.S. Pub. No. 2019/0041643) teaches a near eye display system.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PEGEMAN KARIMI whose telephone number is (571)270-1712. The examiner can normally be reached Monday-Friday; 9:00am-4:00pm EST.
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, Chanh Nguyen can be reached at 5712727772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PEGEMAN KARIMI/Primary Examiner, Art Unit 2623