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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1, 11, 15 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and claim 12, of US 12339463. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variation of each other.
Current Application
US 12339463
A head-mounted device, comprising:
optical modules configured to display images; a head-mounted support structure configured to support the optical modules, wherein the head-mounted support structure comprises front and rear portions and wherein the rear portion comprises a first light seal structure; and a second light seal structure configured to be removably attached to the head-mounted support structure.
11. (Original) A head-mounted device, comprising: a head-mounted support structure; left and right optical assemblies configured to display images, wherein the left and right optical assemblies are coupled to the head-mounted support structure; and a removable member coupled to the head-mounted support structure, wherein the removable member comprises a structure that allows a first portion of the removable member to rotate relative to a second portion of the removable member.
15. (Original) A head-mounted device, comprising:a head-mounted support structure;an optical assembly configured to display an image, wherein the optical assembly is coupled to the head- mounted support structure; anda removable structure configured to be selectively attached to the head-mounted support structure, wherein the
removable structure has first portions having a first rigidity and second portions having a second rigidity lower than the first rigidity and wherein at least one of the second portions is interposed between at least two of the first portions.
1. A head-mounted device, comprising: a head-mounted support structure comprising a rigid structure, a flexible structure, and support structures that couple the flexible structure to the rigid structure, wherein the flexible structure at least partially defines a central opening;
left and right optical assemblies configured to display images, wherein the left and right optical assemblies are coupled to the head-mounted support structure; and a removable cushion that is configured to be selectively attached to the flexible structure, wherein the removable cushion at least partially surrounds the central opening, the removable cushion has first portions having a first rigidity and second portions having a second rigidity lower than the first rigidity, and at least one of the second portions is interposed between at least two of the first portions.
1. A head-mounted device, comprising: a head-mounted support structure comprising a rigid structure, a flexible structure, and support structures that couple the flexible structure to the rigid structure, wherein the flexible structure at least partially defines a central opening; left and right optical assemblies configured to display images, wherein the left and right optical assemblies are coupled to the head-mounted support structure; and a removable cushion that is configured to be selectively attached to the flexible structure, wherein the removable cushion at least partially surrounds the central opening, the removable cushion has first portions having a first rigidity and second portions having a second rigidity lower than the first rigidity, and at least one of the second portions is interposed between at least two of the first portions.
12. The head-mounted device defined in claim 1, wherein the removable cushion comprises a hinge structure that allows a third portion of the removable cushion to rotate relative to a fourth portion of the removable cushion.
1. A head-mounted device, comprising: a head-mounted support structure comprising a rigid structure, a flexible structure, and support structures that couple the flexible structure to the rigid structure, wherein the flexible structure at least partially defines a central opening; left and right optical assemblies configured to display images, wherein the left and right optical assemblies are coupled to the head-mounted support structure; and a removable cushion that is configured to be selectively attached to the flexible structure, wherein the removable cushion at least partially surrounds the central opening,
the removable cushion has first portions having a first rigidity and second portions having a second rigidity lower than the first rigidity, and at least one of the second portions is interposed between at least two of the first portions.
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) 1-6, 8-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ellis (20190041899) in view of Sullivan (US 10133305).
Regarding claim 1 Ellis teaches a head-mounted device (fig. 1), comprising:
a head-mounted support structure (fig. 3,) configured to support the optical modules (fig. 3, see below in red box),
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wherein the head-mounted support structure comprises front (fig. 2, in the left side, also fig.1 103) and rear portions (fig. 2, in the right side also fig.1, 109) and
wherein the rear portion comprises a first light seal structure (fig. 3, red arrow); and
a second light seal structure (fig. 3, blue arrow, also see fig. 4 which is more in detail of 113) configured to be removably attached to the head-mounted support structure (fig. 3).
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Ellis is silent on optical modules configured to display images;
However, Sullivan teaches optical modules (fig. 1, two optical assemble above 132) configured to display images (col. 6, opening 144 may be sized and shaped so as to not obstruct the user's field of vision, enabling the user to view images displayed by head-mounted display 102);
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine Ellis in light of Sullivan teaching so that it may include optical modules configured to display images;
The motivation is to provide facial-interface systems for head-mounted displays, detachable head-mounted-display cushions, and methods for assembling facial-interface systems.
Regarding claim 2 Ellis teaches wherein the front portion is rigid (fig.1, [0015] The front cover 103 is a rigid member placed at the front part of the HMD 100) and the second light seal structure is flexible (fig. 4, 411, [0025] The facial interface foam 411 is a low-density foam contoured to make physical contact with a user's face).
Regarding claim 3 Ellis teaches wherein the second light seal structure is further configured to conform to a face when the head-mounted device is worn ([0025]).
Regarding claim 4 Ellis teaches wherein the front portion (fig.1, 103) extends in a ring (fig.1, 101 is ring shaped) around a front side of the head-mounted device.
Regarding claim 5 Ellis teaches wherein the front portion (103) extends across an entire front side of the head-mounted device (fig.1).
Regarding claim 6 Ellis teaches wherein the first light seal structure (fig. 3, red arrow) extends partially in a first ring (fig. 3, 317 on both sides) around a first portion of a rear side of the head-mounted device.
Regarding claim 8 Ellis teaches wherein at least a portion of the head-mounted support structure is covered by a textile layer ([0031] textile cover 115 covers the main body housing 107 as well as part of the facial interface assembly 113).
Regarding claim 9 Ellis in view of Sullivan teach wherein first magnets are formed in the head-mounted support structure (Sullivan: fig.1, 134), wherein second magnets (fig.2, 150) are formed in the second light seal structure, and wherein the first magnets (fig. 2, 150) are configured to magnetically couple to the second magnets when the second light seal structure is attached to the head-mounted support structure (col. 5, F IG. 2 is a perspective view of facial-interface system 130 for head-mounted-display system 100 in accordance with some embodiments. As shown in FIG. 2, facial-interface system 130 may include facial-interface cushion 136 secured to facial-interface mounting member 134 by a magnetic-coupling mechanism 147. In one example, and as will be described in greater detail below in reference to FIGS. 5 and 6, facial-interface cushion 136 may include a cushion layer 137 that is coupled to facial-interface mounting member 134 by a magnetic force between at least one magnetic coupling element 150 of magnetic-coupling mechanism 147 and at least one corresponding magnet and/or ferromagnetic material of facial-interface mounting member 134 such that cushion layer 137 is securely held between magnetic coupling element 150 and facial-interface mounting member 134.).
Regarding claim 10 Ellis teaches wherein the head-mounted support structure comprises a groove and the second light seal structure comprises a post configured to mate with the groove when the second light seal structure is attached to the head-mounted support structure (fig. 2-5, 8. The head-mounted display of claim 7, wherein the main body housing includes a rear frame formed with a line of groove for receiving the rib and the auxiliary attaching pins of the semi-rigid frame.).
Regarding claim 11 Ellis teaches a head-mounted device (fig. 1), comprising:
a head-mounted support structure (fig. 3,);
wherein the left and right optical assemblies are coupled to the head-mounted support structure (fig. 3, see below in red box are optical assembly);
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and
a removable member (411) coupled to the head-mounted support structure, wherein the removable member comprises a structure that allows a first portion of the removable member to rotate relative to a second portion of the removable member ([0016] The head strap 109 and upper strap 111 wrap around a user's head to fasten the HMD 100 to the user's face. The head strap 109 and the upper strap 111 may be made of elastic, fabric or a combination thereof to be flexible yet comfortable for the user. The head strap 109 is connected to the main body housing 107 of the HMD 100 by the head strap connector 105 which can rotate in relation to the main body housing 107).
Ellis does not expressly teach left and right optical assemblies configured to display images.
However, Sullivan teaches left and right optical assemblies (fig. 1, two optical assemble above 132) configured to display images (fig. 1, also see, virtual content may be projected onto the physical world (e.g., via optical or video see-through), which may result in augmented reality or mixed reality experiences).
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine Ellis in light of Sullivan teaching so that it may include teach left and right optical assemblies configured to display images,
The motivation is to provide facial-interface systems for head-mounted displays, detachable head-mounted-display cushions, and methods for assembling facial-interface systems.
Regarding claim 12 Ellis teaches wherein the removable member comprises a compressible material ([0021]).
Regarding claim 13 Ellis teaches wherein the removable member (411) comprises a cushion that is covered by a textile layer (claim 2, head-mounted display of claim 1, further comprising a textile cover on the main body housing, the textile cover extending to the facial interface assembly).
Regarding claim 14 Ellis teaches wherein the removable member is configured to conform to and directly contact a face when the head-mounted support structure is worn while the removable member is coupled ([0025] The facial interface foam 411 is a low-density foam contoured to make physical contact with a user's face).
Allowable Subject Matter
Claims 15-20 potentially be allowable subject to approved Terminal Disclaimer.
Regarding claim 15 none of the prior art disclose “wherein the removable structure has first portions having a first rigidity and second portions having a second rigidity lower than the first rigidity”.
Claim 7 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Shin US 20210356750
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/TOWFIQ ELAHI/Primary Examiner, Art Unit 2625