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 .
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 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.
Information Disclosure Statement
The information disclosure statement (lDS) submitted on February 20, 2026 is in compliance with the provisions of 37 CFR 1.97 and has been considered by the Examiner.
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 4, 6, 10, 11, 16, and 20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 4 recites, that “the light sensor is another camera and the light sensor data is image data”. However, after reviewing the specification of the instant application, the Examiner notes that there is no disclosure of a second/additional camera(s). And as such, claim 4 is considered to include subject matter that was not described in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The Examiner also notes that for purposes of examination, in order to expedite prosecution, the phrase “another camera” will be interpreted as “the camera”.
Claim 6 recites, that “after ceasing causing the data to be captured by the camera and in accordance with a determination that the light is no longer at least partially obstructed, cause new data to be captured at the camera”. However, after reviewing the specification of the instant application, the Examiner notes that while the specification does disclose stopping the recording of image data when an obstruction is detected, there is no disclosure causing new data to be captured when the obstruction is no longer present. And as such, claim 6 is considered to include subject matter that was not described in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 10-11 recite, that “while another camera of the head-wearable device is capturing other data within the field-of-view of the head-wearable device: cause another light to be transmitted outside of the head-wearable device, the other light indicating that the other camera is capturing the data; and in accordance with a determination that the other light is at least partially obstructed, cease causing the other data to be captured by the other camera” (claim 10), and “the determination that the other light is at least partially obstructed is based on the light sensor data captured at the light sensor that detects another reflection of the other light” (claim 11). However, after reviewing the specification of the instant application, the Examiner notes that there is no disclosure of a second/additional camera(s). And as such, claims 10-11 are considered to include subject matter that was not described in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 16 recites, that “after ceasing causing the data to be captured by the camera and in accordance with a determination that the light is no longer at least partially obstructed, cause new data to be captured at the camera”. However, after reviewing the specification of the instant application, the Examiner notes that while the specification does disclose stopping the recording of image data when an obstruction is detected, there is no disclosure causing new data to be captured when the obstruction is no longer present. And as such, claim 16 is considered to include subject matter that was not described in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 20 recites, that “after ceasing causing the data to be captured by the camera and in accordance with a determination that the light is no longer at least partially obstructed, resume capturing new data at the camera”. However, after reviewing the specification of the instant application, the Examiner notes that while the specification does disclose stopping the recording of image data when an obstruction is detected, there is no disclosure causing new data to be captured when the obstruction is no longer present. And as such, claim 20 is considered to include subject matter that was not described in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 2-5, 7-9, 12-15, 17-19, and 21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11-12, 17, and 19 of U.S. Patent No. 11,985,398. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application
Patent 11,985,398
Claim 2
Claim 11
2. A non-transitory, computer-readable storage medium including executable instructions that, when executed by one or more processors, cause the one or more processors to:
while a camera of a head-wearable device is capturing data within a field-of-view of the head-wearable device:
cause a light to be transmitted outside of the head-wearable device, the light indicating that the camera is capturing the data; and
in accordance with a determination that the light is at least partially obstructed, cease causing the data to be captured by the camera.
11. A wearable device for use in immersive reality applications, comprising:
a camera for recording a video of an onlooker, the camera having a front lens with a camera field of view pointed to the onlooker …
a first light emitting device disposed inside the barrel; and
a light pipe inside the barrel and configured to receive a light from the first light emitting device and to transmit the light through an overlap area on the cover glass and outside of the wearable device, to the onlooker, … and
a processor configured to identify a blockage of the camera field of view within the portion of the overlap area, and to stop recording the video when the blockage of the camera field of view is identified.
Claim 3
Claim 19
3. The non-transitory, computer-readable storage medium of claim 2, wherein the determination that the light is at least partially obstructed is based on light sensor data captured at a light sensor that detects a reflection of the light.
19. The wearable device of claim 11, further comprising a memory storing instructions to cause the processor to identify, in an image collected by the camera, an artifact generated by an object blocking the cover glass within the overlap area.
Claim 4
Claim 19
4. The non-transitory, computer-readable storage medium of claim 3, wherein the light sensor is the camera and the light sensor data is image data.
19. The wearable device of claim 11, further comprising a memory storing instructions to cause the processor to identify, in an image collected by the camera, an artifact generated by an object blocking the cover glass within the overlap area.
Claim 5
Claim 19
5. The non-transitory, computer-readable storage medium of claim 4, wherein the determination that the light is at least partially obstructed includes an inspection of the image data for artifacts.
19. The wearable device of claim 11, further comprising a memory storing instructions to cause the processor to identify, in an image collected by the camera, an artifact generated by an object blocking the cover glass within the overlap area.
Claim 7
Claim 12
7. The non-transitory, computer-readable storage medium of claim 2, wherein the executable instructions further cause the one or more processors to:
cause a notification to be presented to a user of the head-wearable device, the notification indicating that the light is at least partially obstructed.
12. The wearable device of claim 11, further comprising a display configured to advise a user of the wearable device that the video has stopped, and to remove the blockage of the camera field of view.
Claim 8
Claim 19
8. The non-transitory, computer-readable storage medium of claim 2, wherein determination that the light is at least partially obstructed includes a determination that an obstruction is disposed on a front surface of the camera.
19. … an artifact generated by an object blocking the cover glass within the overlap area.
Claim 9
Claim 19
9. The non-transitory, computer-readable storage medium of claim 8, wherein the front surface is a surface of a cover glass disposed in front of the camera.
19. … an artifact generated by an object blocking the cover glass within the overlap area.
Claim 12
Claim 11
12. The non-transitory, computer-readable storage medium of claim 2, wherein the head-wearable device is one or more of a pair of smart glasses and an enhanced reality headset.
11. A wearable device for use in immersive reality applications…
Claim 13
Claim 17
13. The non-transitory, computer-readable storage medium of claim 2, wherein the light indicates to onlookers that the camera is capturing the data.
17. The wearable device of claim 11, wherein the processor is configured to activate the first light emitting device when the camera starts recording a video of the onlooker outside of the wearable device.
Claim 14
Claim 11
14. A head-wearable device, comprising:
a camera;
a light source;
one or more processors configured to:
while a camera of a head-wearable device is capturing data within a field-of-view of the head-wearable device:
cause a light to be transmitted, via the light source, outside of the head-wearable device, the light indicating that the camera is capturing the data; and
in accordance with a determination that the light is at least partially obstructed, cease causing the data to be captured by the camera.
11. A wearable device for use in immersive reality applications, comprising:
a camera for recording a video of an onlooker …
a first light emitting device disposed inside the barrel; and
a light pipe inside the barrel and configured to receive a light from the first light emitting device and to transmit the light through an overlap area on the cover glass and outside of the wearable device, to the onlooker, when the camera is recording a scene outside of the wearable device, within the camera field of view, wherein the camera field of view comprises at least a portion of the overlap area; and
a processor configured to identify a blockage of the camera field of view within the portion of the overlap area, and to stop recording the video when the blockage of the camera field of view is identified.
Claim 15
Claim 19
15. The head-wearable device of claim 14, wherein the determination that the light is at least partially obstructed is based on light sensor data captured at a light sensor that detects a reflection of the light.
19. The wearable device of claim 11, further comprising a memory storing instructions to cause the processor to identify, in an image collected by the camera, an artifact generated by an object blocking the cover glass within the overlap area.
Claim 17
Claim 12
17. The head-wearable device of claim 14, further comprising another light source, wherein the one or more processors are further configured to:
cause a notification to be presented to a user of the head-wearable device, the notification indicating that the light is at least partially obstructed.
12. The wearable device of claim 11, further comprising a display configured to advise a user of the wearable device that the video has stopped, and to remove the blockage of the camera field of view.
Claim 18
Claim 11
18. A method, comprising:
while a camera of a head-wearable device is capturing data within a field-of-view of the head-wearable device:
transmitting a light outside of the head-wearable device, the light indicating that the camera is capturing the data; and
in accordance with a determination that the light is at least partially obstructed, cease capturing the data at the camera.
11. A wearable device for use in immersive reality applications, comprising:
a camera for recording a video of an onlooker, the camera having a front lens with a camera field of view pointed to the onlooker …
a first light emitting device disposed inside the barrel; and
a light pipe inside the barrel and configured to receive a light from the first light emitting device and to transmit the light through an overlap area on the cover glass and outside of the wearable device, to the onlooker, … and
a processor configured to identify a blockage of the camera field of view within the portion of the overlap area, and to stop recording the video when the blockage of the camera field of view is identified.
Claim 19
Claim 19
19. The method of claim 18, wherein the determination that the light is at least partially obstructed is based on light sensor data captured at a light sensor that detects a reflection of the light.
19. The wearable device of claim 11, further comprising a memory storing instructions to cause the processor to identify, in an image collected by the camera, an artifact generated by an object blocking the cover glass within the overlap area.
Claim 21
Claim 12
21. The method of claim 18, further comprising:
presenting a notification to a user of the head-wearable device, the notification indicating that the light is at least partially obstructed.
12. The wearable device of claim 11, further comprising a display configured to advise a user of the wearable device that the video has stopped, and to remove the blockage of the camera field of view.
In view of the foregoing, Claims 2-5, 7-9, 12-15, 17-19, and 21 of the pending application are an obvious variant and encompassed by claims 11-12, 17, and 19 of US Patent 11,985,398.
Claims 2-5, 7-9, 12-15, 17-19, and 21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 5-7 of U.S. Patent No. 12,363,403. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application
Patent 12,363,403
Claim 2
Claim 1
2. A non-transitory, computer-readable storage medium including executable instructions that, when executed by one or more processors, cause the one or more processors to:
while a camera of a head-wearable device is capturing data within a field-of-view of the head-wearable device:
cause a light to be transmitted outside of the head-wearable device, the light indicating that the camera is capturing the data; and
in accordance with a determination that the light is at least partially obstructed, cease causing the data to be captured by the camera.
A method for recording a video in a wearable device, comprising:
recording the video using a camera mounted on a wearable device, the camera having a field of view;
transmitting a light outside of the wearable device, the light indicating that the camera is recording, the light having an overlap area with the field of view;
determining that the overlap area has an obstruction; and
in response to determining that the overlap area has an obstruction, stopping recording of the video.
Claim 3
Claim 3
3. The non-transitory, computer-readable storage medium of claim 2, wherein the determination that the light is at least partially obstructed is based on light sensor data captured at a light sensor that detects a reflection of the light.
3. The method of claim 2, wherein identifying the obstruction on the at least one image comprises inspecting the image for artifacts in the overlap area.
Claim 4
Claim 3
4. The non-transitory, computer-readable storage medium of claim 3, wherein the light sensor is the camera and the light sensor data is image data.
3. The method of claim 2, wherein identifying the obstruction on the at least one image comprises inspecting the image for artifacts in the overlap area.
Claim 5
Claim 3
5. The non-transitory, computer-readable storage medium of claim 4, wherein the determination that the light is at least partially obstructed includes an inspection of the image data for artifacts.
3. The method of claim 2, wherein identifying the obstruction on the at least one image comprises inspecting the image for artifacts in the overlap area.
Claim 7
Claim 5
7. The non-transitory, computer-readable storage medium of claim 2, wherein the executable instructions further cause the one or more processors to:
cause a notification to be presented to a user of the head-wearable device, the notification indicating that the light is at least partially obstructed.
5. The method of claim 1, further comprising transmitting an alert signal to a user of the wearable device that the overlap area has the obstruction.
Claim 8
Claim 6
8. The non-transitory, computer-readable storage medium of claim 2, wherein determination that the light is at least partially obstructed includes a determination that an obstruction is disposed on a front surface of the camera.
6. The method of claim 1, wherein the obstruction is disposed on a front surface of the camera.
Claim 9
Claim 7
9. The non-transitory, computer-readable storage medium of claim 8, wherein the front surface is a surface of a cover glass disposed in front of the camera.
7. The method of claim 6, wherein the front surface is a surface of a cover glass disposed in front of the camera.
Claim 12
Claim 1
12. The non-transitory, computer-readable storage medium of claim 2, wherein the head-wearable device is one or more of a pair of smart glasses and an enhanced reality headset.
1. A method for recording a video in a wearable device
Claim 13
Claim 1
13. The non-transitory, computer-readable storage medium of claim 2, wherein the light indicates to onlookers that the camera is capturing the data.
1. … recording the video using a camera mounted on a wearable device, the camera having a field of view;
transmitting a light outside of the wearable device, the light indicating that the camera is recording,…
Claim 14
Claim 1
14. A head-wearable device, comprising:
a camera;
a light source;
one or more processors configured to:
while a camera of a head-wearable device is capturing data within a field-of-view of the head-wearable device:
cause a light to be transmitted, via the light source, outside of the head-wearable device, the light indicating that the camera is capturing the data; and
in accordance with a determination that the light is at least partially obstructed, cease causing the data to be captured by the camera.
1. A method for recording a video in a wearable device, comprising:
recording the video using a camera mounted on a wearable device, the camera having a field of view;
transmitting a light outside of the wearable device, the light indicating that the camera is recording, the light having an overlap area with the field of view;
determining that the overlap area has an obstruction; and
in response to determining that the overlap area has an obstruction, stopping recording of the video.
Claim 15
Claim 3
15. The head-wearable device of claim 14, wherein the determination that the light is at least partially obstructed is based on light sensor data captured at a light sensor that detects a reflection of the light.
3. The method of claim 2, wherein identifying the obstruction on the at least one image comprises inspecting the image for artifacts in the overlap area.
Claim 17
Claim 5
17. The head-wearable device of claim 14, further comprising another light source, wherein the one or more processors are further configured to:
cause a notification to be presented to a user of the head-wearable device, the notification indicating that the light is at least partially obstructed.
5. The method of claim 1, further comprising transmitting an alert signal to a user of the wearable device that the overlap area has the obstruction.
Claim 18
Claim 1
18. A method, comprising:
while a camera of a head-wearable device is capturing data within a field-of-view of the head-wearable device:
transmitting a light outside of the head-wearable device, the light indicating that the camera is capturing the data; and
in accordance with a determination that the light is at least partially obstructed, cease capturing the data at the camera.
1. A method for recording a video in a wearable device, comprising:
recording the video using a camera mounted on a wearable device, the camera having a field of view;
transmitting a light outside of the wearable device, the light indicating that the camera is recording, the light having an overlap area with the field of view;
determining that the overlap area has an obstruction; and
in response to determining that the overlap area has an obstruction, stopping recording of the video.
Claim 19
Claim 3
19. The method of claim 18, wherein the determination that the light is at least partially obstructed is based on light sensor data captured at a light sensor that detects a reflection of the light.
3. The method of claim 2, wherein identifying the obstruction on the at least one image comprises inspecting the image for artifacts in the overlap area.
Claim 21
Claim 5
21. The method of claim 18, further comprising:
presenting a notification to a user of the head-wearable device, the notification indicating that the light is at least partially obstructed.
5. The method of claim 1, further comprising transmitting an alert signal to a user of the wearable device that the overlap area has the obstruction.
In view of the foregoing, Claims 2-5, 7-9, 12-15, 17-19, and 21 of the pending application are an obvious variant and encompassed by claims 1, 3, and 5-7 of US Patent 12,363,403.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 2-5, 8, 12-15, and 18-19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Schwab et al. (US Pub. 2021/0191133).
In regard to claim 2, note Schwab discloses a non-transitory, computer-readable storage medium including executable instructions that, when executed by one or more processors (paragraphs 0073-0079, and figure 15A: 2030, 2032, 2034), cause the one or more processors to while a camera of a head-wearable device is capturing data within a field-of-view of the head-wearable device (paragraphs 0045, 0073-0079, and figure 15A: 2000, 2050) cause a light to be transmitted outside of the head-wearable device, the light indicating that the camera is capturing the data (paragraphs 0032, 0046, 0073-0079, and figure 15A: 2058), and in accordance with a determination that the light is at least partially obstructed, cease causing the data to be captured by the camera (paragraphs 0032, 0046; when the indicator illumination is blocked, recording is disabled).
In regard to claim 3, note Schwab discloses that the determination that the light is at least partially obstructed is based on light sensor data captured at a light sensor that detects a reflection of the light (paragraph 0046).
In regard to claim 4, note Schwab discloses that the light sensor is the camera and the light sensor data is image data (paragraph 0046).
In regard to claim 5, note Schwab discloses that the determination that the light is at least partially obstructed includes an inspection of the image data for artifacts (paragraph 0046).
In regard to claim 8, note Schwab discloses that determination that the light is at least partially obstructed includes a determination that an obstruction is disposed on a front surface of the camera (paragraphs 0046).
In regard to claim 12, note Schwab discloses that the head-wearable device is one or more of a pair of smart glasses and an enhanced reality headset (paragraph 0073.
In regard to claim 13, note Schwab discloses that the light indicates to onlookers that the camera is capturing the data (paragraphs 0032, 0054).
In regard to claims 14-15, these are apparatus claims, corresponding to the operation executed by the processor(s) of claims 2-3. Therefore, claims 14-15 have been analyzed and rejected as previously discussed with respect claims 2-3.
In regard to claims 18-19, these are method claims, corresponding to the operation executed by the processor(s) in claims 2-3. Therefore, claims 18-19 have been analyzed and rejected as previously discussed with respect claims 2-3.
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.
Claims 7, 9, 17 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Schwab et al. (US Pub. 2021/0191133), in view of Hanover (US Patent 10,623,628).
In regard to claim 7, note the primary reference of Schwab discloses a non-transitory, computer-readable storage medium, as discussed with respect to claim 8 above. Therefore, it can be seen that the primary reference fails to explicitly disclose that the executable instructions further cause the one or more processors to cause a notification to be presented to a user of the head-wearable device, the notification indicating that the light is at least partially obstructed.
In analogous art, Hanover discloses an imaging device that includes a user oriented mode/status indicator (column 6, lines 18-33). Hanover teaches that use of a user oriented mode/status indicator is preferred in order to indicate the occurrence of operational modes to a wearer of the glasses (column 6, lines 18-33). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the primary reference to cause a notification to be presented to a user of the head-wearable device, the notification indicating that the light is at least partially obstructed, in order to indicate the occurrence/status of operational modes to a wearer of the glasses, as suggested by Hanover.
In regard to claim 9, note the primary reference of Schwab discloses a non-transitory, computer-readable storage medium, as discussed with respect to claim 8 above. Therefore, it can be seen that the primary reference fails to explicitly disclose that the front surface is a surface of a cover glass disposed in front of the camera.
In analogous art, Hanover discloses an imaging device in which the front surface is a surface of a cover glass disposed in front of the camera (column 5, lines 61-65, and figure 1). Hanover teaches that the use of a front surface which is a surface of a cover glass disposed in front of the camera is preferred in order to protect the camera (column 5, lines 61-65). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the primary reference such that the front surface is a surface of a cover glass disposed in front of the camera, in order to protect the camera, as suggested by Hanover.
In regard to claim 17, this is an apparatus claim, corresponding to the operation executed by the processor(s) of claim 7. Therefore, claim 17 has been analyzed and rejected as previously discussed with respect claim 7.
In regard to claim 21, this is a method claim, corresponding to the operation executed by the processor(s) in claim 7. Therefore, claim 21 has been analyzed and rejected as previously discussed with respect claim 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISS S YODER III whose telephone number is (571)272-7323. The examiner can normally be reached M-F 9:00-5:00 PM.
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/CHRISS S YODER III/Examiner, Art Unit 2638
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