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 .
In the response to this Office action, the Office respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Office in prosecuting this application.
The Office has cited particular figures, elements, paragraphs and/or columns and line numbers in the references as applied to the claims for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider each of the cited references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage disclosed by the Office.
Status of Claims
- Applicant' s Amendment filed June 8, 2026 is acknowledged.
- Claim(s) 1, 5, 7, 12 is/are amended
- Claim(s) 4 is/are canceled
- Claim(s) 1-3, 5-20 is/are pending in the application.
This action is FINAL
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
“linear adjustment connection comprising: a first connection; and a second connection joined to the first connection” of claim 1
“the angular adjustment connection comprises a linkage positioned at a forehead region “ of claim 2
Features of claims 16-18 incorporated with features of claim 12 “a connection, comprising a sleeve and an adjustable pillar within the sleeve, positioned between the facial interface and the display and movably constraining the head-mountable display relative to the facial interface in a first degree of freedom and a second degree of freedom”
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Timing mechanism (claim 6)
Paragraphs 0121-0123 “timing mechanism that transfers motion in a coordinated manner” such as “linkage arms 2608 in FIG. 27 also movably connect portions of the connection 2702 to provide such a timing mechanism that transfers motion in a coordinated manner”
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
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 16-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 12 recites in part “a connection, comprising a sleeve and an adjustable pillar within the sleeve, positioned between the facial interface and the display and movably constraining the head-mountable display relative to the facial interface in a first degree of freedom and a second degree of freedom”.
Claim 13 recites “wherein the connection comprises a linear slide”
Claim 15 recites “further comprising a lock engageable with the linear slide.”
Claim 16 recites “wherein: the linear slide comprises a first set of teeth; and the lock comprises a second set of teeth engageable with the first set of teeth.”
Examiner is unable to discern which portions of Applicant’s original disclosure describes a linear slide having teeth for a connection comprising a sleeve and adjustable pillar within the sleeve. Further, it is not clear how a sleeve and pillar would incorporate teeth as recited in dependent claims 16-18. Dependent claims 17-18 inherit the deficiencies of parent claim 16.
Clarification is required.
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) 1-3, 5-6, 12-15, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jo et al, U.S. Patent Publication No. 20200081259 in view of Serizawa et al, U.S. Patent Publication No. 20220121032.
Consider claim 1, Jo teaches a wearable electronic device, comprising: a display (see Jo figure 2, element 70 and paragraph 0036 where 26-3 may form a main unit (e.g., a main housing structure) with housing walls and other structures (e.g., exterior housing walls, lens module structures, etc.) for supporting display 14 and other optical and electrical components);
a facial interface (see Jo figure 6, element 34);
an angular adjustment connection between the display and the facial interface (see Jo figure 3-5, 6 and paragraph 0041 where adjustable support structures 26-1 may allow the position of device 10 to be adjusted to account for different cheek-to-forehead angles (e.g., θ1, θ2 and any other cheek-to-forehead angle) and figure 6, element 32 and paragraph 0046 where support structures 26-1 may include one or more extendable posts 32 extending from inner surface 88 of frame 84. Each extendable post 32 may have a first end coupled to inner surface 88 of frame 84 and a second opposing end coupled to a face pad such as face pad 34.); and
a linear adjustment connection between the display and the facial interface (see Jo figure 6, element 30 and paragraphs 0045-0049 specifically for example paragraph 0046 where Each post 32 may extend and retract along direction 30 (e.g., parallel to the Z-axis of FIG. 6)),
the linear adjustment connection comprising: a first connection; and a second connection joined to the first connection (implicit see Jo paragraph 0046 where Each extendable post 32 may have a first end coupled to inner surface 88 of frame 84 and a second opposing end coupled to a face pad such as face pad 34. In the example of FIG. 6, there are three extendable posts 32 each coupled to an associated one of face pads 34A, 34B, and 34C. Face pad 34A may rest upon a user's forehead, and face pads 34B and 34C may rest upon a user's left and right cheeks, respectively. Each post 32 may extend and retract along direction 30 (e.g., parallel to the Z-axis of FIG. 6). The length L of each post 32 may be adjusted independently of other posts 32, if desired. In order for post to extend and retract a connection must exist between a first end connected to inner surface of frame and a second opposing end coupled to a face pad
an alternative interpretation of this limitation in view of claim 3 features: see Jo figure 6, element 34A, 30 corresponds to first connection and element 34B, 34C, 30 corresponds to second connection and first connection and second connection are joined by attachment to frame 84)
wherein the angular adjustment connection and the linear adjustment connection comprise adjustable pillars, a first end the adjustable pillars coupled to the display and a second end coupled to the facial interface (see Jo paragraph 0046 where Each extendable post 32 may have a first end coupled to inner surface 88 of frame 84 and a second opposing end coupled to a face pad such as face pad 34. In the example of FIG. 6, there are three extendable posts 32 each coupled to an associated one of face pads 34A, 34B, and 34C. Face pad 34A may rest upon a user's forehead, and face pads 34B and 34C may rest upon a user's left and right cheeks, respectively. Each post 32 may extend and retract along direction 30 (e.g., parallel to the Z-axis of FIG. 6). The length L of each post 32 may be adjusted independently of other posts 32, if desired. And figure 3-5, 6 and paragraph 0041 where adjustable support structures 26-1 may allow the position of device 10 to be adjusted to account for different cheek-to-forehead angles (e.g., θ1, θ2 and any other cheek-to-forehead angle) and figure 6, element 32 and paragraph 0046 where support structures 26-1 may include one or more extendable posts 32 extending from inner surface 88 of frame 84. Each extendable post 32 may have a first end coupled to inner surface 88 of frame 84 and a second opposing end coupled to a face pad such as face pad 34).
Jo does not explicitly discuss linear adjustment connection comprising: a first connection; and a second connection joined to the first connection. In a related field of endeavor, Serizawa teaches an expandable rod including an outer tube and an inner tube (see Serizawa figure 9A, element 83, 81, 82 where first connection corresponds to opening of 81 and second connection corresponds to end of 82 which is inserted into opening of 81 so as to facilitate expanding and contracting the connected rods). One of ordinary skill would have been motivated to have modified Jo to incorporate a first connection; and a second connection joined to the first connection as disclosed by Serizawa so as to facilitate and expandable/retractable pillar/rod using known techniques with predictable results.
Consider claim 2, Jo as modified by Serizawa teaches all the limitations of claim 1 and further teaches wherein the angular adjustment connection comprises a linkage positioned at a forehead region (see Jo figure 6, element 34A, 32 and paragraph 0046 where Face pad 34A may rest upon a user's forehead and linkage corresponds to connections of 32 with face pad, frame and extension/retraction components).
Consider claim 3, Jo as modified by Serizawa teaches all the limitation of claim 1 and further teaches wherein the first connection is positioned at a forehead region and the second connection is positioned at a zygoma region or a maxilla region (see Jo figure 6, element 34A, 30 and paragraph 0046 where Face pad 34A may rest upon a user's forehead and element 34B, 34C, 30 and paragraph 0046 where face pads 34B and 34C may rest upon a user's left and right cheeks).
Claim 4 cancelled
Consider claim 5, Jo as modified by Serizawa teaches all the limitations of claim 1 and further teaches wherein the adjustable pillars are positioned in a forehead region, a zygoma region, or a maxilla region when the wearable electronic device is donned (see Jo figure 6 and paragraph 0046 where there are three extendable posts 32 each coupled to an associated one of face pads 34A, 34B, and 34C. Face pad 34A may rest upon a user's forehead, and face pads 34B and 34C may rest upon a user's left and right cheeks).
Consider claim 6, Jo as modified by Serizawa teaches all the limitations of claim 1 and further teaches further comprising a timing mechanism mechanically joining the first connection and the second connection (see Jo paragraph 0048 where Posts 32 may be expanded and retracted using computer-controlled positioners 58).
Consider claim 12, Jo teaches a wearable apparatus, comprising: a head-mountable display;
a facial interface (see Jo figure 6, element 34);
a display (see Jo figure 2, element 70 and paragraph 0036 where 26-3 may form a main unit (e.g., a main housing structure) with housing walls and other structures (e.g., exterior housing walls, lens module structures, etc.) for supporting display 14 and other optical and electrical components);
a connection, comprising a sleeve and an adjustable pillar within the sleeve, positioned between the facial interface and the display and movably constraining the head-mountable display relative to the facial interface in a first degree of freedom and a second degree of freedom (implicit see Jo paragraph 0046 where Each extendable post 32 may have a first end coupled to inner surface 88 of frame 84 and a second opposing end coupled to a face pad such as face pad 34. In the example of FIG. 6, there are three extendable posts 32 each coupled to an associated one of face pads 34A, 34B, and 34C. Face pad 34A may rest upon a user's forehead, and face pads 34B and 34C may rest upon a user's left and right cheeks, respectively. Each post 32 may extend and retract along direction 30 (e.g., parallel to the Z-axis of FIG. 6). The length L of each post 32 may be adjusted independently of other posts 32, if desired. In order for post to extend and retract a connection must exist between a first end connected to inner surface of frame and a second opposing end coupled to a face pad); and
an actuator control (see Jo paragraph 0048 where in arrangements where posts 32 are locked at a given length using a clutch mechanism, a user may press a button or provide other user input to unlock the clutch mechanism and thereby allow posts 32 to expand or retract. In arrangements where posts 32 are locked using friction, a user may simply pull or push posts 32 to adjust the length of posts 32) configured to be adjacent to a maxilla region when the wearable apparatus is donned (see Jo figure 6, element 34A, 34B, 34C and paragraphs 0045-0049).
Jo does not explicitly illustrate a sleeve and an adjustable pillar within the sleeve. In a related field of endeavor, Serizawa teaches an expandable rod including an outer tube and an inner tube (see Serizawa figure 9A, element 83, 81, 82 where first connection corresponds to opening of 81 and second connection corresponds to end of 82 which is inserted into opening of 81 so as to facilitate expanding and contracting the connected rods). One of ordinary skill would have been motivated to have modified Jo to incorporate a sleeve and an adjustable pillar within the sleeve as disclosed by Serizawa so as to facilitate and expandable/retractable pillar/rod using known techniques with predictable results.
Consider claim 13, Jo as modified by Serizawa teaches all the limitations of claim 12 and further teaches wherein the connection comprises a linear slide (see Jo figure 6, element 34A, 34B, 34C, 30 and paragraph 0046 where extendable posts correspond to slide).
Consider claim 14, Jo as modified by Serizawa teaches all the limitations of claim 13 and further teaches wherein the linear slide is back-drivable (see Jo figure 6, element 34A, 34B, 34C, 30 and paragraph 0046 where extendable posts correspond to slide that are extendable/retractable).
Consider claim 15, Jo as modified by Serizawa teaches all the limitations of claim 13 and further teaches further comprising a lock engageable with the linear slide (see Jo paragraph 0048 where posts 32 may be locked into place at any suitable length L or may be locked into place only at predetermined lengths L).
Consider claim 19, Jo as modified by Serizawa teaches all the limitations of claim 15 and further teaches wherein the actuator control is configured to engage and disengage the lock and the linear slide (see Jo paragraph 0048 where in arrangements where posts 32 are locked at a given length using a clutch mechanism, a user may press a button or provide other user input to unlock the clutch mechanism and thereby allow posts 32 to expand or retract. In arrangements where posts 32 are locked using friction, a user may simply pull or push posts 32 to adjust the length of posts 32).
Claim(s) 7-11, is/are rejected under 35 U.S.C. 103 as being unpatentable over Jo et al, U.S. Patent Publication No. 20200081259 in view of Thomas, U.S. Patent No. 4135535 and Choi et al, U.S. Patent Publication No. 11241087.
Consider claim 7, Jo teaches a wearable electronic device, comprising: a display (see Jo figure 2, element 70 and paragraph 0036 where 26-3 may form a main unit (e.g., a main housing structure) with housing walls and other structures (e.g., exterior housing walls, lens module structures, etc.) for supporting display 14 and other optical and electrical components);
a facial interface (see Jo figure 6, element 34);
an angular adjustment connection between the display and the facial interface (see Jo figure 3-5, 6 and paragraph 0041 where adjustable support structures 26-1 may allow the position of device 10 to be adjusted to account for different cheek-to-forehead angles (e.g., θ1, θ2 and any other cheek-to-forehead angle) and figure 6, element 32 and paragraph 0046 where support structures 26-1 may include one or more extendable posts 32 extending from inner surface 88 of frame 84. Each extendable post 32 may have a first end coupled to inner surface 88 of frame 84 and a second opposing end coupled to a face pad such as face pad 34.); and
a linear adjustment connection coupled directly to the angular adjustment connection between the display and the facial interface (see Jo figure 6, element 30 and paragraphs 0045-0049 specifically for example paragraph 0046 where Each post 32 may extend and retract along direction 30 (e.g., parallel to the Z-axis of FIG. 6)),
the linear adjustment connection comprising: an actuator (see Jo figure 6, element 34A, 30 and paragraphs 0045-0049 specifically for example paragraph 0048 where posts 32 may be expanded and retracted using computer-controlled positioners 58 and/or may be expanded and retracted manually by a user);
an actuator lock engageable with the actuator (see Jo paragraph 0048 where posts 32 may be locked into place at any suitable length L or may be locked into place only at predetermined lengths L); and
an actuator control connected to the actuator lock (see Jo paragraph 0048 where in arrangements where posts 32 are locked at a given length using a clutch mechanism, a user may press a button or provide other user input to unlock the clutch mechanism and thereby allow posts 32 to expand or retract. In arrangements where posts 32 are locked using friction, a user may simply pull or push posts 32 to adjust the length of posts 32)
Jo appears to be silent regarding wherein the actuator lock is configured to translate perpendicular to the actuator via the actuator control. However, Jo clearly discloses a clutch mechanism to lock a post into a given length (see Jo paragraph 0048).
In a related field of endeavor, telescoping post members locking into specific lengths, Thomas teaches a locking pin to engage a locking aperture so as to adjust post members into specific lengths (see Thomas figure 2, element 26, 30, 32 and column 3, lines 5-12 where a sleeve 26 which telescopes over the leg member 18 and a shock absorbing collar 28 which serves to minimize vibration. Telescoping sleeve 26 includes a plurality of locking apertures 30 and at least one spring-loaded locking pin 32. By depressing the locking pin 32 and relocating it in any one of the locking holes 30 it is possible to adjust the effective height of any one of the leg members 18). One of ordinary skill would have been motivated to have incorporated a locking pin to lock a telescoping post to a specific length as disclosed by Thomas using known techniques with predictable results. Incorporation of a locking pin would result in having an actuator lock is configured to translate perpendicular to the actuator.
Jo further discloses actuator control connected to the actuator lock (see Jo paragraph 0048) but does not specifically illustrate the actuator control connected to the actuator lock. In a related field of endeavor, telescoping post members locking into specific lengths, Choi teaches a locking pin to engage a locking aperture so as to adjust post members into specific lengths that is controlled by a button to lock/unlock movement (see Choi figure 15, element 47B, 30, 12, 11 and column 9, line 59-column 10, line 10 where arm moves toward the first adjustable support, the first end of the first arm can protrude from the first side of the casing and be inserted into the first restriction hole of the outer tubular bar and a restriction member of the inner bar of the first adjustable support) so as to control lock/unlock movement of post members 11, 12 by extending/retracting pin-line element. One of ordinary skill would have been motivated to have modified Jo to have a button similar to Choi to control lock/unlock movement of post members by extending/retracting pin-line element using known techniques with predictable results.
Consider claim 8, Jo as modified by Thomas and Choi teaches all the limitations of claim 7 and further teaches wherein the actuator comprises a side slide (see Jo figure 6, element 34B, 34C, 30 and paragraph 0046 where extendable posts correspond to slide) and a top slide (see Jo figure 6, element 34A, 32 and paragraph 0046 where extendable posts correspond to slide).
Consider claim 9, Jo as modified by Thomas and Choi teaches all the limitations of claim 7 and further teaches wherein the actuator control comprises a button (see Jo paragraph 0048 where a user may press a button or provide other user input to unlock the clutch mechanism and thereby allow posts 32 to expand or retract).
Consider claim 10, Jo as modified by Thomas and Choi teaches all the limitations of claim 7 and further teaches wherein upon depressing the actuator control: the actuator lock is disengaged from the actuator (see Jo paragraph 0048 where a user may press a button or provide other user input to unlock the clutch mechanism and thereby allow posts 32 to expand or retract); and
the actuator is adjustable to translate the facial interface toward or away from the display (see Jo paragraph 0048 where a user may press a button or provide other user input to unlock the clutch mechanism and thereby allow posts 32 to expand or retract).
Consider claim 11, Jo as modified by Thomas and Choi teaches all the limitations of claim 10 and further teaches wherein upon releasing the actuator control: the actuator lock is engaged with the actuator (see Jo paragraph 0048 where posts 32 are locked at a given length using a clutch mechanism and a user may press a button or provide other user input to unlock the clutch mechanism and thereby allow posts 32 to expand or retract. And Choi figure 15, element 47B, 30, 12, 11 and column 9, line 59-column 10, line 10 where arm moves toward the first adjustable support, the first end of the first arm can protrude from the first side of the casing and be inserted into the first restriction hole of the outer tubular bar and a restriction member of the inner bar of the first adjustable support); and
the actuator is positionally locked in place to inhibit translation of the facial interface toward or away from the display (see Jo paragraph 0048 where posts 32 are locked at a given length using a clutch mechanism and a user may press a button or provide other user input to unlock the clutch mechanism and thereby allow posts 32 to expand or retract. And Choi figure 15, element 47B, 30, 12, 11 and column 9, line 59-column 10, line 10 where arm moves toward the first adjustable support, the first end of the first arm can protrude from the first side of the casing and be inserted into the first restriction hole of the outer tubular bar and a restriction member of the inner bar of the first adjustable support).
Allowable Subject Matter
Claim 20 is 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.
The claimed invention recites
Claim 20 “The wearable apparatus of claim 19, wherein the actuator control is connected to the lock via a flexible drive shaft. ”
The following prior arts are representative of the state of the prior art:
Saito, U.S. Patent Publication No. 20020008677 (figures 1-2, 14-16)
Jo et al, U.S. Patent Publication No. 20200081259 (figures 6-8)
Clark et al, U.S. Patent Publication No. 20210208393 (figures 1-2)
The prior arts cited fails to fairly teach or suggest the combined features of the invention including wherein the actuator control is connected to the lock via a flexible drive shaft.
These features find support at least at figure 29 and figure 34 of Applicant’s original specification.
As such, modification of the prior art of record can only be motivated by hindsight reasoning, or by changing the intended use and function of the prior art themselves. Therefore, it is not clear that one of ordinary skill in the art would have made the necessary modifications to the prior art of record to encompass the limitations set forth in the present application. Moreover, none of the prior arts of record, taken either alone or in combination, anticipate nor render obvious the claimed inventions. Hence, claims 20 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed June 8, 2026 regarding invoking 35 USC 112(f) have been fully considered but they are not persuasive. Applicant has presented no evidence that “timing mechanism” is a “term of art”. Further, even when considering “timing mechanism” as a “term of art”, since a “term of art” would not specify particular structure, the term would therefore necessarily be a placeholder.
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sauers et al, U.S. Patent Publication No. 20190079301 (face seal for head mounted display), Wang et al, U.S. Patent Publication No. 20240004206 (head mountable electronic device spacer).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dorothy H Harris whose telephone number is (571)270-7539. The examiner can normally be reached Monday - Friday 8am - 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Boddie can be reached at 571-272-0666. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Dorothy Harris/Primary Examiner, Art Unit 2625
Prosecution Insights