DETAILED ACTION
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.
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 .
Response to Arguments
Applicant’s argument, filed 06/24/26, with respect to the rejection of claim 19 under 35 USC 103 have been fully considered and are persuasive. The updated rejection of claim 19 is below.
Applicant states “Nowhere does Johnson provide any teaching regarding movement of the eyewear with respect to a user. Rather the eyewear is fixed to the user by its attachment to the ears of the user. Johnson fails to disclose the element, “a multi-movement connector configured to, attach the eyewear to the at least one of, the headband and the headstrap, wherein the multi-movement connector is configured to, provide at least one of, a vertical, a horizontal and a rotational position of the eyewear. Johnston fails to disclose a connection of sliding arm 412 to the eyewear, which would enable the eyewear to be movable or the ability to move the eyewear. Rather, Johnson teaches movement of the display screen with respect to the carrier lens of the eyewear.
The examiner respectfully disagrees.
The rejection does not depend on Johnson showing glasses 150 bodily suspended from arm 412. The combination proposed is that Johnson’s multi-axis connector technique, sliding arm 412, pivot 414, and ball and socket 416, which connects to the headband 120 and permits vertical (flip-up), rotational, and telescoping adjustment of optical component is moted to housing 418, is known mounting technique for attaching a headband supported optical element with multi-directional adjustability. Applying that same known technique to mount Steier’s frame/carrier lens assembly (644a/b, magnification device 600a/b) to headband, rather than to a display housing, yields the predictable result of an adjustable eyewear mount. This is a combination of known elements according to known methods yielding predictable results.
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 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Steier et al. (US 20210396988) in view of Johnson et al. (US 20190254754) and Kaehler et al. (US 10,573,042).
Regarding claim 14, Steier teaches a head-mountable visualization system (¶4, the invention is related to optical devices, and more particularly, to optical devices for use in medical and/or dental operations) comprising, at least one of: a headband (claim 2, headband) and a head strap; a light housing (fig. 8 and part of fig. 8 is discussed in fig. 4A), attachable to the at least one of: a headband (claim 2, headband) and a head strap, the light housing comprising, at least one lighting assembly (110), each of the at least one lighting assembly (110) comprising, at least one lighting source (¶44, a plurality of lighting elements 112, 114, 116), each of the at least one lighting source (112, 114, 116) configured to, emit light in at least one wavelength band (¶46, the light outputted by lighting elements 112, 114, 116 may, for example, be one of a white light, a near field ultra-violet light in one or more visible light color bands);
an eyewear (fig. 8) comprising, a first carrier lens (644a); a second carrier lens (644b), a first magnification device (600a) associated with the first carrier lens (644a); and a second magnification device (600b) associated with the second carrier lens (644b).
Steier does not specifically teaches a visualization system, attachable to the at least one of: a headband and a head strap, the visualization system comprising, a recording housing comprising, at least one image capture assembly, each of the at least one image capture assembly comprising, at least one image capture device, a multi-movement connector configured to, attach the eyewear to the at least one of: the headband and the head strap, wherein the multi-movement connector is configured to, provide at least one of: a vertical, a horizontal and a rotational positioning of the eyewear. However, in a similar field of endeavor, Johnson teaches the system, comprising a visualization system (fig. 3), attachable to the at least one of: a headband (headband 120) and a head strap, the visualization system (fig. 3) comprising, a recording housing (¶101, the headband 120 may have a plurality of attachment points where the detector(s) (e.g., optical camera(s)) can be releasably attached)) comprising, at least one image capture assembly (¶101, optical camera), each of the at least one image capture assembly (¶101, optical camera) comprising, at least one image capture device (¶101, optical camera), a multi-movement connector (sliding arm 412) configured to, attach the eyewear (wearing glasses 150) to the at least one of: the headband (headband 120) and the head strap, wherein the multi-movement connector (412) is configured to, provide at least one of: a vertical, a horizontal and a rotational positioning of the eyewear (fig. 4; ¶104, The ball-and-socket joint 416 is connected to a pivot 414 that allows the housing 418 and connected display screen 410 to be pivoted up and down, so that the display screen 310 can be flipped-up outside the user's line-of-sight or the user's peripheral vision when not being used. The pivot 414 is connected to a sliding arm 412 that connects to the headband 120. The sliding arm 412 provides telescoping adjustment to allow user placement of the display screen 410 a desired distance from an eye.). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Steier with a visualization system, attachable to the at least one of: a headband and a head strap, the visualization system comprising, a recording housing comprising, at least one image capture assembly, each of the at least one image capture assembly comprising, at least one image capture device, a multi-movement connector configured to, attach the eyewear to the at least one of: the headband and the head strap, wherein the multi-movement connector is configured to, provide at least one of, a vertical, a horizontal and a rotational positioning of the eyewear of Johnson, for the purpose of providing telescoping adjustment to allow user placement of the display screen a desired distance from an eye (¶104). Steier in view of Johnson does not specifically teach wherein each of the at least one image capture device is configured to, capture images within at least one wavelength range; and at least one display system, each of the at least one display system configured to, display the captured images to a user; and wherein one of the at least one display system is positioned adjacent a corresponding one of the first carrier lens and the second carrier lens; and a processing system configured to, receive images collected by the at least one image capture device; process the received images; and present the processed images to the display system. However, in a similar field of endeavor, Kaehler teaches the system, comprising, wherein each of the at least one image capture device (camera 1160a/b) is configured to, capture images within at least one wavelength range (col. 21, lines 25-45, imaging system 1160 which can be configured to image the user’s 210 face); and at least one display system (display 220), each of the at least one display system (220) configured to, display the captured images to a user (col. 6, lines 10-26, The display 220 can be operatively coupled 250, such as by a wired lead or wireless connectivity, to a local data processing module 260 which may be mounted in a variety of configurations, such as fixedly attached to the frame 230, fixedly attached to a helmet or hat worn by the user, embedded in headphones, or otherwise removably attached to the user 210 (e.g., in a backpack-style configuration, in a belt-coupling style configuration). The local processing and data module 260 may comprise a hardware processor, as well as digital memory, such as non-volatile memory (e.g., flash memory), both of which may be utilized to assist in the processing, caching, and storage of data. The data may include data a) captured from sensors (which may be, e.g., operatively coupled to the frame 230 or otherwise attached to the user 210), such as image capture devices (e.g., cameras in the inward-facing imaging system or the outward-facing imaging system), audio sensors (e.g., microphones), inertial measurement units (IMUs), accelerometers, compasses, global positioning system (GPS) units, radio devices, or gyroscopes; or b) acquired or processed using remote processing module 270 or remote data repository 280, possibly for passage to the display 220 after such processing or retrieval.); and wherein one of the at least one display system (220) is positioned adjacent a corresponding one of the first carrier lens and the second carrier lens (shown in fig. 2, display is adjacent to both lenses); and a processing system (local processing & data module 260, remote processing module 270; remote data repository 280) configured to, receive images collected by the at least one image capture device (1160a/b; col. 6, lines 1-35, data captured from sensors…such as image capture devices… provided to local processing and data module 20); process the received images (col. 6, lines 1-35, local processing and data module 260 may comprise a hardware processor…utilized to assist in the processing… of data; remote processing module 270); and present the processed images to the display system (220; col. 6, lines 1-35, display 220 is for processing or retrieval). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Steier in view of Johnson with wherein each of the at least one image capture device is configured to, capture images within at least one wavelength range; and at least one display system, each of the at least one display system configured to, display the captured images to a user; and wherein one of the at least one display system is positioned adjacent a corresponding one of the first carrier lens and the second carrier lens; and a processing system configured to, receive images collected by the at least one image capture device; process the received images; and present the processed images to the display system of Kaehler, for the purpose of data to pass to through the module (col. 6, lines 5-35).
Regarding claim 15, Steier in view of Johnson and Kaehler teaches the invention as set forth above and Steier further teaches the light housing contains one of, a single light assembly, a dual light assembly and a triple light assembly (fig. 3 and 4, lighting elements (112, 114, 116)).
Regarding claim 16, Steier in view of Johnson and Kaehler teaches the invention as set forth above and Johnson further teaches the recording housing contains one of, a single image capture assembly (¶101, the headband 120 may have a plurality of attachment points where the detector(s) (e.g., optical camera(s)) can be releasably attached) ) and a dual image capture assembly. Motivation to combine is the same as in claim 14.
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Steier et al. (US 20210396988) in view of Johnson et al. (US 20190254754) and Kaehler et al. (US 10,573,042) as applied to claim 14 above, and further in view of Cohen et al. (US 20050030315).
Regarding claim 17, Steier in view of Johnson and Kaehler teaches the invention as set forth above but does not specifically teach the processing system is configured to, receive images from corresponding ones of the at least one image capture device, wherein the images received are merged to form an enhanced image. However, in a similar field of endeavor, Cohen teaches the visualization system, wherein the processing system is configured to, receive images from corresponding ones of the at least one image capture device (¶9), wherein the images received are merged to form an enhanced image (¶8, a system and method that employs an “image stack” in easily combining individual images into an enhanced composite image.). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Steier in view of Johnson and Kaehler with the processing system is configured to, receive images from corresponding ones of the at least one image capture device, wherein the images received are merged to form an enhanced image of Cohen, for the purpose of providing an enhanced image (¶8).
Regarding claim 18, Steier in view of Johnson and Kaehler teaches the invention as set forth above but does not specifically teach the processing system is configured to, receive images from corresponding ones of the at least image capture devices operating in different wavelength ranges; and creating a combined image, wherein the combined image represents a merging of images received. However, in a similar field of endeavor, Cohen teaches the visualization system, wherein the processing system is configured to, receive images from corresponding ones of the at least image capture devices operating in different wavelength ranges (¶9, note: visible light operates across spectrum of different wavelengths); and creating a combined image, wherein the combined image represents a merging of images received (¶8, a system and method that employs an “image stack” in easily combining individual images into an enhanced composite image.). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Steier in view of Johnson and Kaehler with the processing system is configured to, receive images from corresponding ones of the at least image capture devices operating in different wavelength ranges; and creating a combined image, wherein the combined image represents a merging of images received of Cohen, for the purpose of providing an enhanced image (¶8).
Claims 19 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Steier et al. (US 20210396988) in view of Johnson et al. (US 20190254754), Zimmermann et al. (US 20210312684) and Kaehler et al. (US 10,573,042).
Regarding claim 19, Steier teaches a visualization system (¶4, the invention is related to optical devices, and more particularly, to optical devices for use in medical and/or dental operations) comprising, a lighting and recording assembly (light assembly 110) comprising, a light housing (fig. 8 and part of fig. 8 is discussed in fig. 4A) comprising, at least one lighting assembly (11), wherein each of the at least one lighting assembly (110) is configured to, emit a light in at least one wavelength range, wherein the emitted light is focused on an area a known distance from the visualization system (¶134, Thus, in accordance with a first exemplary embodiment of the invention, utilizing the head strap 100 and the light assembly 110, shown in FIG. 1, and the eyewear device 640 shown in FIG. 6, light generated and emitted by light assembly 110 and reflected by an object (tissue) toward lenses 644 may be selectively viewable through lenses 644, such that the first light 750 portion of the emitted light is removed from the reflected light while allowing a second portion of the reflected light (i.e., second light 760 and fluorescent light 770) to be viewable.); a frame (frame 642) comprising, a bridge element (shown in fig. 8 holding the left and right lens) joining a first carrier lens (644a) and a second carrier lens (644b); and a magnification device (600a/b) associated with each of the first carrier lens (644a) and the second carrier lens (644b), the magnification device (600a/b) configured to, create a magnified image of an object at the known distance from the visualization system (¶102, magnification devices 600, inserted in an aperture 646 within a corresponding one of lenses 644. Magnification devices 600, provide for the magnification of light viewed by magnification devices by a known magnification level (e.g., 2.5×, 3.5×, 4.5×, 6.0×, etc.)). Steier does not specifically teach an image capture housing comprising, an image capture assembly comprising, a multi-movement connector configured to, attach the frame to the headband, wherein the multi-movement connector is configured to, provide at least one of: a vertical, a horizontal and a rotational positioning of the frame with respect to the headband. However, in a similar field of endeavor, Johnson teaches the system comprising, an image capture housing (¶101, the headband 120 may have a plurality of attachment points where the detector(s) (e.g., optical camera(s)) can be releasably attached) comprising, an image capture assembly (¶101, optical camera) comprising, a multi-movement connector (sliding arm 412) configured to, attach the frame to the headband (120), wherein the multi-movement connector (412) is configured to, provide at least one of: a vertical, a horizontal and a rotational positioning of the frame (fig. 4; ¶104, The ball-and-socket joint 416 is connected to a pivot 414 that allows the housing 418 and connected display screen 410 to be pivoted up and down, so that the display screen 310 can be flipped-up outside the user's line-of-sight or the user's peripheral vision when not being used. The pivot 414 is connected to a sliding arm 412 that connects to the headband 120. The sliding arm 412 provides telescoping adjustment to allow user placement of the display screen 410 a desired distance from an eye.) with respect to the headband (120). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Steier with an image capture housing comprising, an image capture assembly comprising, a multi-movement connector configured to, attach the frame to the headband, wherein the multi-movement connector is configured to, provide at least one of: a vertical, a horizontal and a rotational positioning of the frame with respect to the headband of Johnson, for the purpose of providing telescoping adjustment to allow user placement of the display screen a desired distance from an eye (¶104). Steier in view of Johnson does not specifically teach at least one image capture element, wherein a first one of the at least one image capture element is configured to, capture light in a visible wavelength range; and a second one of the at least one of image capture element is configured to, capture light in a non-visible wavelength range. However, in a similar field of endeavor, Zimmermann teaches the system comprising, at least one image capture element (camera 316), wherein a first one of the at least one image capture element (fig 3, left camera 316) is configured to, capture light in a visible wavelength range (fig. 3; ¶67, camera 316 can be dual capture visible light/non-visible (e.g., infrared) light camera); and a second one of the at least one of image capture element (fig. 3, right camera 316) is configured to, capture light in a non-visible wavelength range (fig. 3; ¶67, camera 316 can be dual capture visible light/non-visible (e.g., infrared) light camera). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Steier in view of Johnson with at least one image capture element, wherein a first one of the at least one image capture element is configured to, capture light in a visible wavelength range; and a second one of the at least one of image capture element is configured to, capture light in a non-visible wavelength range of Zimmermann, for the purpose of capturing an image (¶68). Steier in view of Johnson and Zimmerman does not specifically teach a display system comprising, a display screen configured to, present an image of the object to a user. However, in a similar field of endeavor, Kaehler teaches the system comprising, a display system (display 220) comprising, a display screen (220) configured to, present an image of the object to a user (col. 6, lines 10-26, The display 220 can be operatively coupled 250, such as by a wired lead or wireless connectivity, to a local data processing module 260 which may be mounted in a variety of configurations, such as fixedly attached to the frame 230, fixedly attached to a helmet or hat worn by the user, embedded in headphones, or otherwise removably attached to the user 210 (e.g., in a backpack-style configuration, in a belt-coupling style configuration). The local processing and data module 260 may comprise a hardware processor, as well as digital memory, such as non-volatile memory (e.g., flash memory), both of which may be utilized to assist in the processing, caching, and storage of data. The data may include data a) captured from sensors (which may be, e.g., operatively coupled to the frame 230 or otherwise attached to the user 210), such as image capture devices (e.g., cameras in the inward-facing imaging system or the outward-facing imaging system), audio sensors (e.g., microphones), inertial measurement units (IMUs), accelerometers, compasses, global positioning system (GPS) units, radio devices, or gyroscopes; or b) acquired or processed using remote processing module 270 or remote data repository 280, possibly for passage to the display 220 after such processing or retrieval.). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Steier in view of Johnson and Zimmerman with a display system comprising, a display screen configured to, present an image of the object to a user of Kaehler, for the purpose of the remote processing module and remote data repository may be operatively coupled to each other (col. 6, lines 30-40).
Regarding claim 23, Steier in view of Johnson, Zimmermann and Kaehler teaches the invention as set forth above and Steier further teaches the multi-movement connector (connector to light assembly 110) is configured to, attach to the bridge element of the frame (shown in fig. 8).
Claims 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Steier et al. (US 20210396988) in view of Johnson et al. (US 20190254754), Zimmermann et al. (US 20210312684) and Kaehler et al. (US 10,573,042) applied to claim 19 above, and further in view of Greene et al. (US 20120224261).
Regarding claim 24, Steier in view of Johnson, Zimmermann and Kaehler teaches the invention as set forth above but does not specifically teach a vertically fixed section extending from the means for attaching the visualization system to the user; and a vertically movable section configured to engage the fixed section; and vertically move with respect to the vertically fixed section. However, in a similar field of endeavor, Greene teaches the multi-movement connector (fig. 4A) comprises, a vertically fixed section extending from the means for attaching the visualization system to the user (shown in fig. 2, it is moved in a vertical direction); and a vertically movable section (130, 120) configured to engage the fixed section (100); and vertically move with respect to the vertically fixed section (shown between fig. 1 and 2). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the connector of Steier in view of Johnson, Zimmermann and Kaehler with a vertically fixed section extending from the means for attaching the visualization system to the user; and a vertically movable section configured to engage the fixed section; and vertically move with respect to the vertically fixed section of Greene, for the purpose of pivoting away from a viewing angle (¶41).
Regarding claim 25, Steier in view of Johnson, Zimmermann, Kaehler, and Greene teaches the invention as set forth above and Greene further teaches the multi-movement connector (entire device shown in fig. 3) comprises, a horizontally fixed section (fig. 3, the section holds the section which moves from A to B) positioned at an end of the vertically movable section (vertical section shown in fig. 2 which is in the upper position); and a horizontally movable section (fig. 3, the section which moves from A to B) configured to, engage the horizontally fixed section (fig. 3, the section holds the section which moves from A to B); and horizontally move with respect to the horizontally fixed section (shown in fig. 3, ¶46, construction allows the optical assembly 130 to be adjusted laterally along the rail frame 140 in directions A and B). Motivation to combine is the same as in claim 24.
Regarding claim 26, Steier in view of Johnson, Zimmermann, Kaehler, and Greene teaches the invention as set forth above and Greene further teaches the multi-movement connector (entire device shown in fig. 3) comprising, a pin (pivot member 165) passing through a passthrough positioned within the horizontally movable section (fig. 3, the section which moves from A to B); and a rotatably movable section (the part shown to move in the vertical direction shown in fig. 1 and 2) configured to, engage the pin (¶40, a pivot member such as a screw, pin or any other pivot member known to those of skill in the art); and rotate about the pin (165), the rotatably movable section (fig. 3, the section which moves from A to B) configured to attach to the frame (fig. 1 and ¶11, frame). Motivation to combine is the same as in claim 24.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Aferzon et al. (US 20230309821) teaches a head-mountable visualization system .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY DUONG whose telephone number is (571)270-0534. The examiner can normally be reached Monday-Friday from 9:00 AM to 5:00 PM.
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/HENRY DUONG/Primary Patent Examiner, Art Unit 2872 07/21/26
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