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 .
Priority
The provisional application filed on 05/02/2024 does not include the claimed limitations. Accordingly, the effective filing date of the instant application is set based on the filing date of the non-provisional application on 05/02/2025.
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.
Claims 1-5, 7-8, 10-14 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bristol et al., US 2024/0214696 A1, hereinafter “Bristol”.
Regarding claim 1, Bristol teaches a walking virtual reality system comprising: a frame (fig. 9A, frame 904, ¶ 139); a micro display lens (lenses 906, ¶ 140 and 149); a sensor (fig. 9C, sensors 923A, ¶ 62); a speaker (fig. 9C, speaker 936A); a battery (fig. 9C, battery 945); a USB-C charging port (¶ 31); a connectivity port (¶ 31, port 110 and/or 112); a Bluetooth transmitter (fig. 9C, WiFi/BT 933, ¶ 155); and a button (fig. 9C, buttons 934, ¶ 155).
Regarding claim 2, Bristol teaches that the sensor is comprised of an accelerometer (¶ 62, “inertial measurement unit (e.g., IMUs) for detecting, for example, angular rate, force, magnetic field, and/or changes in acceleration”).
Regarding claim 3, Bristol teaches that the sensor is comprised of a gyroscope (¶ 62, “inertial measurement unit (e.g., IMUs) for detecting, for example, angular rate, force, magnetic field, and/or changes in acceleration”).
Regarding claim 4, Bristol teaches that the sensor is comprised of a proximity sensor (¶ 62, “capacitive sensors for detecting changes in potential at a portion of a user's body (e.g., a sensor-skin interface) and/or the proximity of other devices or objects”).
Regarding claim 5, Bristol teaches that the sensor is comprised of a light sensor (¶ 62, “light sensors (e.g., ToF sensors, infrared light sensors, or visible light sensors)”).
Regarding claim 7, Bristol teaches that the connectivity port is comprised of a USB port (¶ 31: “the port 112 is a power-supply port and/or a communications port”).
Regarding claim 8, Bristol teaches that the connectivity port is comprised of a 3.5 mm audio jack port (¶ 31).
Regarding claim 10, Bristol teaches a walking virtual reality system comprising: a frame (fig. 9A, frame 904, ¶ 139) comprising a hinge and a frame arm (¶ 139), the hinge configured to allow folding of the frame arm (fig. 9A, ¶ 139); a micro display lens (lenses 906, ¶ 140 and 149); a sensor (fig. 9C, sensors 923A, ¶ 62); a speaker (fig. 9C, speaker 936A); a battery (fig. 9C, battery 945); a charging port (¶ 31); a connectivity port (¶ 31, port 110 and/or 112); a Bluetooth transmitter (fig. 9C, WiFi/BT 933, ¶ 155); and a button (fig. 9C, buttons 934, ¶ 155).
Regarding claim 11, Bristol teaches that the sensor is comprised of an accelerometer (¶ 62, “inertial measurement unit (e.g., IMUs) for detecting, for example, angular rate, force, magnetic field, and/or changes in acceleration”).
Regarding claim 12, Bristol teaches that the sensor is comprised of a gyroscope (¶ 62, “inertial measurement unit (e.g., IMUs) for detecting, for example, angular rate, force, magnetic field, and/or changes in acceleration”).
Regarding claim 13, Bristol teaches that the sensor is comprised of a proximity sensor (¶ 62, “capacitive sensors for detecting changes in potential at a portion of a user's body (e.g., a sensor-skin interface) and/or the proximity of other devices or objects”).
Regarding claim 14, Bristol teaches that the sensor is comprised of a light sensor (¶ 62, “light sensors (e.g., ToF sensors, infrared light sensors, or visible light sensors)”).
Regarding claim 16, Bristol teaches that the connectivity port is comprised of a USB port (¶ 31: “the port 112 is a power-supply port and/or a communications port”).
Regarding claim 17, Bristol teaches that the connectivity port is comprised of a 3.5 mm audio jack port (¶ 31).
Regarding claim 18, Bristol teaches a walking virtual reality system comprising: a frame (fig. 9A, frame 904, ¶ 139) comprising a hinge and a frame arm (¶ 139), the hinge configured to allow folding of the frame arm (fig. 9A, ¶ 139); an OLED micro display lens (lenses 906, ¶ 140 and 149); a sensor (fig. 9C, sensors 923A, ¶ 62); a speaker (fig. 9C, speaker 936A); a rechargeable battery (fig. 9C, battery 945, ¶ 153; also see charger input 943 for charging the rechargeable battery); a USB-C charging port (¶ 31); a connectivity port (¶ 31, port 110 and/or 112); a Bluetooth transmitter (fig. 9C, WiFi/BT 933, ¶ 155); and a button (fig. 9C, buttons 934, ¶ 155).
Regarding claim 19, Bristol teaches that the sensor is comprised of an accelerometer, a gyroscope, a proximity sensor, or a light sensor (¶ 62).
Regarding claim 20, Bristol teaches that the connectivity port is comprised of a USB port or a 3.5 mm audio jack port (¶ 31).
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.
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.
Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Bristol, in view of Pejsa et al., US 2021/0350604 A1, hereinafter “Pejsa”.
Regarding claims 6 and 15, Bristol does not specifically teach that the speaker is comprised of a spatial audio speaker.
Pejsa, however, clearly teaches a similar HMD unit including spatial audio speakers (¶ 106).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to combine the teachings of Bristol in view of Pejsa. The references teach HMD units for users and Pejsa further teaches details regarding including spatial audio. One would have been motivated to make such a combination because Pejsa clearly teaches that spatial audio enhances “the believability and realism of the virtual sound, by incorporating the relative position and orientation of the user relative to the virtual sound in the mixed reality environment that is, by presenting a virtual sound that matches the expectations of the user of what that virtual sound would sound like if it were a real sound in a real environment” (¶ 106).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bristol, in view of Lin, US 2022/0121292 A1, hereinafter “Lin”.
Regarding claim 9, Bristol does not teach that the light sensor adjusts a brightness of the micro display lens based on an ambient lighting condition.
Lin, however, clearly teaches that the light sensor adjusts a brightness of the micro display lens based on an ambient lighting condition (¶ 49).
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to combine the teachings of Bristol in view of Lin. The references teach HMD units and Lin further teaches details regarding controlling the brightness of the display according to the ambient brightness. One would have been motivated to make such a combination because Lin clearly teaches that such a process improves “the user experience” (¶ 49).
Conclusion
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/SEPEHR AZARI/Primary Examiner, Art Unit 2621