- Filed
- Jun 18, 2026
- Last modified
- Jul 14, 2026
- Petitioner
- Luxottica of America Inc. et al.
- Inventor
- Ernesto Carlos Martinez Villalpando et al
Invalidity dossier
US 12216339
Eyewear systems, apparatus, and methods for providing assistance to a user
Current assignee: Luxottica OF America Inc, EssilorLuxottica SA, Meta Platforms Inc, Oakley Inc, Meta Platforms Technologies LLC, Daitona Carter
Added 4/27/2026, 7:40:20 AM
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Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
The requested information for US patent 12216339B2 is as follows:
Concise Summary of US Patent 12216339B2
- Title: Eyewear systems, apparatus, and methods for providing assistance to a user
- Assignee: Solos Technology Limited
- Inventors: Ernesto Carlos Martinez Villalpando, Chiu Ming So, Kwok Wah Law, Wai Kuen Cheung
- Filing Date: 2023-11-22
- Issue Date: 2025-02-04
- Abstract: Systems, apparatuses, and methods are taught that provide assistance to a user through an eyewear device. Data is received from a first sensor incorporated into the eyewear device, which measures a parameter related to the user. A state of the user is analyzed using this data. Assistance is then provided to the user in the form of feedback, related to the user's state. The assistance can also be related to both a context of the user and their state, where the context is also determined from the received data.
Plain-Language Overview of Independent Claims:
- Independent Claim 1 (System): This claim describes a system that helps a user through an eyewear device. The eyewear has a voice interface (with a microphone and speaker) for commands and providing help, and an input for sensor data. A processor connected to these components runs a computer program. This program enables the system to:
- Get initial data from a sensor built into the eyewear, which measures something about the user.
- Figure out the user's situation or environment (context) using this initial data.
- Assess the user's condition or status (state) using the initial data.
- Give the user assistance that is relevant to both their determined context and state.
- Independent Claim 12 (Method): This claim outlines a method for providing assistance to a user. The method involves:
- Receiving initial data from a sensor within an eyewear device, where the sensor measures a user-related parameter.
- Determining the user's context based on this initial data.
- Analyzing the user's state using the same initial data.
- Delivering assistance to the user that is linked to both the determined context and state.
- Independent Claim 23 (Eyewear Device): This claim defines an eyewear device designed to be worn on a user's head that provides assistance. It includes:
- A voice interface (microphone and speaker) for user interaction and assistance.
- A sensor data input.
- A processor connected to the voice interface and sensor data input.
- A non-transitory machine-readable medium (like computer memory) storing instructions. When these instructions are run by the processor, they cause the eyewear device to:
- Receive first data from a built-in sensor measuring a user-related parameter.
- Determine the user's context using this data.
- Analyze the user's state using this data.
- Provide assistance to the user that relates to both the context and the state.
Litigation Notes (CAFC 2026 Dockets):
US patent 12216339B2 is involved in active litigation. Solos Technology Limited filed a patent infringement lawsuit on January 22 or 23, 2026, in the U.S. District Court for the District of Massachusetts (Case # 1:26-cv-10304) against Meta Platforms, Inc., Meta Platforms Technologies, LLC, Oakley, Inc., Luxottica of America, Inc., and EssilorLuxottica USA, Inc.. Solos Technology Limited is seeking damages in the multiple billions of dollars and an injunction, alleging infringement of its smart-glasses technologies, including multimodal sensing, beamforming and audio processing, sensor fusion, contextual and activity determination, intelligent assistance, and integrated system architectures.
This District Court case (1:26-cv-10304) has been appealed to the Court of Appeals for the Federal Circuit (CAFC Case # 26-01721). A notice of appeal to the Federal Circuit was filed on May 17, 2026, and the abbreviated electronic appeal record was sent to the USCA on May 18, 2026. The CAFC docket for May 2026 did not show case 26-01721 listed for argument as of April 21, 2026. It is possible it has not yet been scheduled for oral arguments. There is no indication that patent 12216339B2 specifically was challenged, rather it's part of a portfolio of patents asserted by Solos Technology Limited.
Generated 5/31/2026, 12:47:57 AM
Cases on file (2)
Group view →Specific litigation cases in our database that name US patent 12216339. The free-form analysis below may also discuss cases beyond this list.
- Luxottica OF America Inc et al. v. Solos Technology Ltdfiled Apr 22, 202626-1721Court of Appeals for the Federal CircuitOpen
Defendants: Solos Technology Ltd
Other patents asserted: 10651866, 11082055, 10306389, 11871174
The accused products are smart eyewear that assists the user and head-worn audio systems that feature noise-canceling microphones and personalized directional sound.
- 1:26-cv-10304Massachusetts District CourtActive
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
Known litigation involving US patent 12216339 includes the following cases:
1. Massachusetts District Court Case
- Jurisdiction: Massachusetts District Court
- Case Number: 1:26-cv-10304
- Plaintiff(s): Not specified in the provided patent text or initial search snippet.
- Defendant(s): Not specified in the provided patent text or initial search snippet.
- Filing Date: Not explicitly stated in the provided patent text, but the case number 1:26-cv-10304 suggests a filing year of 2026.
- Outcome or Current Status: Active. The provided patent text describes this as "Critical litigation".
2. Court of Appeals for the Federal Circuit (CAFC) Case
- Jurisdiction: Court of Appeals for the Federal Circuit
- Case Number: 26-1721
- Plaintiff(s): Not specified in the provided patent text or initial search snippet.
- Defendant(s): Not specified in the provided patent text or initial search snippet.
- Filing Date: Not explicitly stated in the provided patent text, but the case number 26-1721 suggests a filing year of 2026.
- Outcome or Current Status: Active.
The provided patent information also notes "First worldwide family litigation filed 2019-12-11". While this indicates litigation involving the patent family, the specific details regarding plaintiff(s), defendant(s), and the exact case for US patent 12216339 are not provided by the current search results. More in-depth access to litigation databases would be required to retrieve full details for all listed cases, including the parties involved and precise filing dates where not explicitly stated.
Generated 5/31/2026, 12:47:58 AM
Proceedings on file (1)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
Current assignee: Luxottica OF America Inc, EssilorLuxottica SA, Meta Platforms Inc, Oakley Inc, Meta Platforms Technologies LLC, Daitona Carter
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
Proceedings overview
There are no AIA trial proceedings on file for US patent 12216339. This suggests the patent has not yet been challenged at the PTAB, offering a defendant a broad range of options for invalidity contentions.
Strategic summary
As of the current date, US patent 12216339 has no recorded PTAB trial proceedings. This means all claims of the patent are currently UNTESTED by the PTAB.
The absence of PTAB activity implies that the full scope of prior art potentially relevant to the patent's claims has not been formally adjudicated in an AIA trial. For a defendant facing assertion, this presents an open estoppel landscape. All prior-art grounds that could be raised in an IPR, PGR, or CBM trial are theoretically still available for a future petitioner to assert. There is no evidence of a pattern of challenges by a single petitioner or aggressive PTAB appeals by the patent owner, as no proceedings exist.
Recommended next steps
Since there is no PTAB activity on file for US patent 12216339, a defendant facing assertion could consider initiating an AIA trial (such as an Inter Partes Review) if a robust prior art challenge can be mounted. The absence of previous challenges means the claims have not been hardened against PTAB scrutiny, which could be an advantage for a new petitioner.
Generated 5/31/2026, 12:47:54 AM
Ownership chain (2)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
2025-11-25 · reel 043815/0500 · Assignment
VILLALPANDO, ERNESTO CARLOS MARTINEZKOPIN CORPORATION
Correspondent: MICHAEL T. RIEHLE · KOPIN CORPORATION
acquisition
2025-11-25 · reel 043815/0501 · Assignment
KOPIN CORPORATIONSOLOS TECHNOLOGY LIMITED
Correspondent: MICHAEL T. RIEHLE · KOPIN CORPORATION
internal reorg
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
Inventors
- Ernesto Carlos Martinez Villalpando (Solos Technology Ltd. / Kopin Corporation)
- Chiu Ming So (Solos Technology Ltd. / Kopin Corporation)
- Kwok Wah Law (Solos Technology Ltd. / Kopin Corporation)
- Wai Kuen Cheung (Solos Technology Ltd. / Kopin Corporation)
The inventors were associated with both Solos Technology Ltd. and Kopin Corporation. Solos Technology Ltd. was spun off from Kopin Corporation, a publicly traded company, in 2019, with Kopin retaining a 20% equity stake in Solos Inc. and a royalty agreement. Dr. John C.C. Fan, a co-founder and Executive Chairman of Solos Technology Limited, also founded Kopin Corporation. Kenny Cheung, Co-Founder, President & Board Member of Solos, held senior roles at Kopin. Ernesto C. Martinez V., Ph.D., is also a Co-Founder & Board Member of Solos. This indicates a close relationship between the entities at the time of filing.
Original assignee
The original assignee on the issued patent US12216339 is Solos Technology Ltd.
Solos Technology Ltd. (referred to as "Solos" in many contexts) develops smart glasses technology, including modular frames, lightweight optics, audio, and an on-device AI assistant for features like real-time translation. They also market smart eyewear under product lines like AirGo™, Krypton, and Xeon. Their primary line of business involves integrating wearable electronics with traditional eyewear for various functions, including digital health tracking, audio entertainment, and personal assistance.
The company's status is active and they recently filed a patent infringement lawsuit in January 2026 against Meta Platforms and EssilorLuxottica, targeting their "Meta RayBan" and "Oakley Meta" smart glasses products. Notably, there is another company called "Solo Technologies" that focuses on business/productivity software for the gig economy, but this is a distinct entity. It is important not to confuse Solos Technology Ltd., the smart glasses company, with Solo Technologies, the software company. Furthermore, another entity named "Solos" is a global leader in aroma recovery for dealcoholized beverages, which is also a distinct business.
Assignment timeline
2025-11-25 (executed) / recorded 2025-11-25 — Reel 043815/0500
- Conveyance: ASSIGNMENT OF ASSIGNOR'S INTEREST
- Assignor: VILLALPANDO, ERNESTO CARLOS MARTINEZ
- Assignee: KOPIN CORPORATION
- Correspondent: MICHAEL T. RIEHLE, KOPIN CORPORATION, 125 NORTH DRIVE, WESTBOROUGH, MA 01581
- Context: Transfer from individual inventor to operating company
2025-11-25 (executed) / recorded 2025-11-25 — Reel 043815/0501
- Conveyance: ASSIGNMENT OF ASSIGNOR'S INTEREST
- Assignor: KOPIN CORPORATION
- Assignee: SOLOS TECHNOLOGY LIMITED
- Correspondent: MICHAEL T. RIEHLE, KOPIN CORPORATION, 125 NORTH DRIVE, WESTBOROUGH, MA 01581. This correspondent also appears on the previous record in this chain.
- Context: Transfer from operating company to related entity (Solos was spun off from Kopin)
Timeline diagram
timeline
title Ownership of US 12216339
2018 : Priority claimed
2023 : Application filed
2025 : Issued
2025 : Assigned from inventor to Kopin Corp
: Assigned from Kopin Corp to Solos Technology Ltd
NPE / troll-pattern signals
Shell-entity transfer — not present. Solos Technology Ltd. actively develops and sells smart glasses products. While "Solos Inc." is mentioned as a parent company in spin-off details and Kopin's equity stake, the primary assignee (Solos Technology Limited) is an operating company. The addresses provided for Kopin Corporation in the assignment records are corporate addresses, not registered-agent services.
Known asserter in the chain — not present. Neither Solos Technology Ltd. nor Kopin Corporation appear on common NPE lists from Unified Patents or RPX.
Repeat correspondent across the chain — present. Michael T. Riehle of Kopin Corporation appears as the correspondent for both assignments recorded on 2025-11-25 (Reel 043815/0500 and Reel 043815/0501). This indicates internal legal handling of the assignments by Kopin, likely related to the spin-off of Solos.
Cascading transfers — not present. There are two assignments recorded on the same day in 2025, but they represent a direct transfer from an inventor to Kopin and then from Kopin to Solos, which aligns with the reported spin-off of Solos from Kopin.
Pre-litigation transfer — unclear. While Solos Technology Limited filed a patent infringement lawsuit in January 2026, the assignments were recorded in November 2025, which is within six months of the litigation filing. However, this timing could also align with the natural course of perfecting ownership rights after the patent grant in February 2025.
Bankruptcy fire-sale — not present. Kopin Corporation is a publicly traded company that is actively operating. There is no indication of bankruptcy. Solos Technology Ltd. is also actively operating.
Privateering — unclear. While Solos Technology Ltd. was spun off from Kopin Corporation, and Kopin retained a 20% equity stake and royalty rights, this alone does not definitively confirm a privateering arrangement. Kopin's CEO stated the spin-off was to "monetize our intellectual property (IP) and reduce our cost structure," and that Kopin would benefit from "future royalties and appreciation of the equity." Solos is actively asserting the patent in litigation.
Defensive aggregator (anti-NPE) — not present. The chain does not terminate at any known defensive aggregators like RPX, AST, LOT Network, Unified Patents, or Open Invention Network.
Verdict
Operating-company assertion
Solos Technology Limited, the current assignee, develops and sells smart glasses products. The patent was assigned from an inventor to Kopin Corporation, and then from Kopin Corporation to Solos Technology Limited on the same day in November 2025 (Reel 043815/0500, Reel 043815/0501), aligning with the spin-off of Solos from Kopin, where Kopin retained an equity stake and royalty rights. Solos Technology Limited is actively asserting this patent against competitors (Meta Platforms and EssilorLuxottica) that also produce smart glasses.
USPTO Assignment Center search page: https://assignmentcenter.uspto.gov/
Generated 5/31/2026, 12:48:11 AM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
To identify the most relevant prior art for US patent 12216339, I will use the USPTO Patent Public Search tool. Since the provided context already gives me the patent number and indicates it's an issued patent (US12216339B2), I will search for this specific number to access its full record, including cited prior art.
After retrieving the patent document, I will analyze the "References Cited" section to extract the requested details for each prior art citation.
Since I don't have direct access to the USPTO database from this environment, I cannot perform the live search and provide the detailed list of prior art citations and their analysis as requested.
However, I can describe the process I would follow to achieve this:
- Access USPTO Patent Public Search: Navigate to the USPTO Patent Public Search website or Patent Center.
- Enter Patent Number: Input "12216339" into the patent number search field.
- Retrieve Patent Document: Access the full text of US patent 12216339.
- Locate "References Cited" Section: Within the patent document, find the section typically labeled "References Cited" or "Prior Art Cited by Examiner." This section lists patents and non-patent literature considered relevant during the examination process.
- Extract Information for Each Reference: For each patent listed in the "References Cited" section, I would then:
- Full Citation: Record the patent number, inventor(s), issue date, and assignee.
- Publication/Filing Date: Note both the publication date (for published applications) and the filing date (for granted patents).
- Brief Description: Read the abstract and a portion of the claims or specification of the cited patent to create a concise summary of its subject matter.
- Potential Anticipation (35 U.S.C. § 102): Based on the brief description of the prior art and the claims of US patent 12216339 (particularly Independent Claims 1, 12, and 23 as summarized in the "Patent Summary" section), I would identify which specific claim(s) of US patent 12216339 might be anticipated (i.e., fully disclosed) by the prior art. This analysis would involve a direct comparison of the elements of the claims of 12216339 with the disclosure of the prior art.
Without the ability to perform the live search and access the full patent document, I cannot fulfill the request for a list of specific prior art references and their detailed analysis.
Generated 5/31/2026, 12:48:04 AM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
Obviousness Analysis under 35 U.S.C. § 103 for US Patent 12216339B2
This analysis identifies combinations of prior art references that would render the claims of US Patent 12216339B2 obvious to a person having ordinary skill in the art (POSA) as of the priority date, December 12, 2018.
Person Having Ordinary Skill in the Art (POSA)
A POSA in the field of smart eyewear, wearable electronics, biometric monitoring, and user assistance systems would typically possess a bachelor's degree in electrical engineering, computer science, or a related field, coupled with several years of experience in designing or developing wearable electronic devices or software for such devices. Such a person would be motivated to integrate various functionalities to enhance user experience, provide more relevant information, and improve user safety and wellness.
Independent Claims of US12216339B2
The independent claims of US12216339B2 (Claims 1, 12, and 23) generally cover an eyewear device or method that:
- Includes a voice interface (microphone and speaker) for user commands and assistance.
- Receives data from a sensor incorporated into the eyewear that measures a user-related parameter.
- Utilizes a processor and computer program/machine-readable medium to:
- Determine a context for the user using the sensor data.
- Analyze a state of the user using the sensor data.
- Provide assistance to the user that is related to both the determined context and state.
Identified Prior Art References
The following prior art references, all with publication or priority dates preceding December 12, 2018, are drawn from the "References" section of the US12216339B2 Google Patents page:
- US9829910B2 (Villalpando et al., Granted Nov 28, 2017): Titled "Smart eyewear with sensor module," this patent discloses integrated electronics in eyewear providing enhanced functionality, including "sensors for health monitoring, biometric monitoring, environmental monitoring, etc. that monitor a user's surroundings or a user's physiology." The inventors of US9829910B2 include Ernesto Carlos Martinez Villalpando, who is also an inventor of US12216339B2, and the original assignee for both is Solos Technology Ltd (with Kopin Corporation as a prior assignee of US12216339B2).
- US20170045842A1 (Martinez Villalpando et al., Published Feb 16, 2017): Titled "Eyewear with a voice control module," this application describes eyewear featuring a voice control module with a microphone and a speaker. It teaches receiving speech commands and converting them to electrical signals for a controller to interpret as commands to control eyewear functionality.
- US20180292723A1 (Martinez Villalpando et al., Published Oct 11, 2018): Titled "Earbud with biometric sensor," this application discloses an earbud detecting biometric data and transmitting it to an external device, which "may perform various functions, such as communicating information related to the biometric data to a user."
- US20160275811A1 (Martinez Villalpando et al., Published Sep 22, 2016): Titled "Audio output device," this application describes an audio output device, which can include "micro projection speakers" that "privately directs sound to a user's ear."
Obviousness Combination and Rationale
Combination 1: US9829910B2 in view of US20170045842A1, further in view of US20180292723A1, and further in view of US20160275811A1.
A POSA would have been motivated to combine these references to create an eyewear system providing context- and state-related assistance for the following reasons:
1. Eyewear Device and Sensors (Claims 1, 12, 23):
- US9829910B2 directly teaches "Smart eyewear" equipped with "sensors for health monitoring, biometric monitoring, environmental monitoring, etc. that monitor a user's surroundings or a user's physiology." This establishes the core eyewear device with integrated sensors measuring user-related parameters.
2. Voice Interface (Microphone and Speaker) (Claims 1, 23):
- US20170045842A1 explicitly discloses "Eyewear with a voice control module" that includes "a microphone and a speaker" for receiving speech commands and controlling eyewear functionality. A POSA would readily incorporate this into the smart eyewear of US9829910B2 to enable hands-free interaction.
- US20160275811A1 further teaches "micro projection speakers" for directed audio output. Integrating such speakers (as described in US20160275811A1) into the voice interface of US20170045842A1, within the eyewear of US9829910B2, would be an obvious design choice to provide discreet and effective audio feedback or assistance without occluding the user's ears, enhancing the overall user experience.
3. Processor and Computer Program/Machine-Readable Medium (Claims 1, 23):
- The advanced functionality described in US9829910B2 (e.g., augmented reality, wireless communications, hands-free applications) inherently requires a processor and a computer program. Similarly, the "controller" in US20170045842A1 for interpreting speech commands acts as a processor executing instructions. These disclosures provide the foundational computing elements.
4. Determining User Context and Analyzing User State (Claims 1, 12, 23):
- US9829910B2's disclosure of "environmental monitoring" and "biometric monitoring" in smart eyewear lays the groundwork for data collection relevant to context and state.
- US20180292723A1, while related to an earbud, teaches the fundamental concept of detecting "biometric data" and transmitting it for an "external device" to "perform various functions, such as communicating information related to the biometric data to a user." A POSA would recognize that biometric data directly relates to a user's "state" (e.g., heart rate for exertion or stress). By 2018, it was well-known in the wearable technology field to use sensor data (e.g., from IMUs and GPS mentioned in US9829910B2) to determine a user's "context" (e.g., activity like walking, running, or location) and "state" (e.g., physiological condition). The principles of analyzing such data to derive insights into context (e.g., "physical orientation," "user activity," "environment" as defined in US12216339B2's FIG. 18) and state (e.g., "Health," "Well Being," "Physical," "Emotion" as defined in US12216339B2's FIG. 21) were common in wearable fitness and health trackers.
5. Providing Assistance Related to Context and State (Claims 1, 12, 23):
- US20170045842A1 demonstrates providing "assistance" through controlling eyewear functionality based on user input.
- US20180292723A1 teaches communicating "information related to the biometric data to a user." A POSA would find it obvious to apply the analytical capabilities for context and state (derived from the combination of US9829910B2's sensors and US20180292723A1's data interpretation principles) to generate targeted "assistance." For example, if the eyewear (US9829910B2) determines the user's context is "running" (from IMU/GPS) and their state is "high exertion" (from biometric sensors, per US20180292723A1's principles), providing an audio prompt via the voice interface (US20170045842A1 and US20160275811A1) such as "Your heart rate is high, consider slowing down" would be an obvious and desirable form of assistance directly related to both context and state.
Motivation to Combine
A POSA would have been strongly motivated to combine these prior art teachings for several reasons:
- Synergistic Functionality: Combining sensor-rich smart eyewear (US9829910B2) with hands-free voice control (US20170045842A1) and directed audio output (US20160275811A1) creates a highly integrated and user-friendly wearable platform.
- Enhancing Utility and Personalization: The field of wearable technology was rapidly advancing towards providing more intelligent and personalized user experiences. It would be a natural and obvious step for a POSA to leverage the sensor data already being collected by the eyewear (US9829910B2) for more sophisticated analysis of a user's context and state, drawing upon principles well-established in other biometric wearables like those in US20180292723A1.
- Meeting Market Demands: Consumers of smart wearables desired devices that could offer proactive, relevant, and timely assistance based on their individual situations and conditions. Integrating context and state analysis to tailor assistance (e.g., health coaching, safety alerts, activity encouragement) directly into smart eyewear would address these market demands and represent a predictable improvement in the art.
- Routine Engineering Practice: By 2018, the use of sensors (IMUs, GPS, biometrics), processors, and software to interpret physical activity (context) and physiological conditions (state) to provide alerts or feedback was a common and routine engineering practice in the broader wearable technology sector. Extending these known capabilities to an eyewear form factor, particularly when the core hardware (eyewear, sensors, voice I/O) was already disclosed by the same inventive entity, would be an obvious integration for a POSA.
Given these motivations and the explicit disclosures in the cited prior art, the claimed invention of US12216339B2, particularly the aspects of determining user context, analyzing user state, and providing assistance related to both, would have been obvious to a person having ordinary skill in the art prior to December 12, 2018.
Generated 5/31/2026, 12:48:47 AM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
To provide a complete and accurate analysis of US patent 12216339's term adjustments, extensions, related applications, and expiration date, direct access to the USPTO's Patent Center or Public PAIR system is essential. This allows for the retrieval of specific data such as the Issue Notification, which details any Patent Term Adjustment (PTA) calculation, and the application's prosecution history for identifying continuations, divisionals, and any terminal disclaimers.
However, based on the provided patent text and general knowledge of patent law, here's what can be stated:
Patent Term Adjustments (PTA)
Patent Term Adjustment (PTA) is granted to compensate applicants for delays caused by the USPTO during the prosecution of a utility or plant patent application. This adjustment is added to the standard 20-year patent term. The USPTO automatically calculates the PTA and includes it in the Issue Notification Letter. The calculation considers various delays, including the USPTO's failure to:
- Issue a first office action within 14 months of filing.
- Respond to applicant replies within four months.
- Issue a patent within 36 months from the filing date, or within four months after payment of an issue fee.
- Any time consumed by continued examination requested by the applicant, or by certain proceedings, is generally excluded from PTA calculations.
Without direct access to the Issue Notification for US12216339, the specific PTA granted cannot be determined.
Patent Term Extensions (PTE)
Patent Term Extensions (PTE) are distinct from PTA and are awarded to compensate for delays incurred in obtaining regulatory approval for a patented product, typically for human drugs, food or color additives, medical devices, animal drugs, and veterinary biological products. The maximum PTE is generally five years, and it cannot extend the patent term over 14 years from the date of receipt of marketing approval.
Given that US12216339 relates to "Eyewear systems, apparatus, and methods for providing assistance to a user" and is not described as covering a product requiring regulatory approval like a drug or medical device, it is highly unlikely to have received a Patent Term Extension under 35 U.S.C. § 156.
Continuation Applications, Divisional Applications, and Related Family Members
The patent text states that US12216339 is a continuation of Non-provisional application Ser. No. 16/736,593, filed on Jan. 7, 2020.
- US 16/736,593 (filed Jan. 7, 2020) is titled "EYEWEAR SYSTEMS, APPARATUS, AND METHODS FOR PROVIDING ASSISTANCE TO A USER." This application, in turn, is a continuation-in-part of Non-provisional application Ser. No. 16/711,340, filed on Dec. 11, 2019.
- US 16/711,340 (filed Dec. 11, 2019) is titled "MODULARIZED EYEWEAR SYSTEMS, APPARATUS, AND METHODS." This application claims the benefit of priority from two U.S. Provisional Patent Applications:
- U.S. Provisional Patent Application Ser. No. 62/778,709, filed on Dec. 12, 2018, and titled "MODULARIZED EYEWEAR SYSTEM WITH INTERCHANGEABLE FRAME AND TEMPLES WITH EMBEDDED ELECTRONICS FOR MOBILE AUDIO-VISUAL AUGMENTED AND ASSISTED REALITY."
- U.S. Provisional Patent Application Ser. No. 62/873,889, filed on Jul. 13, 2019, and titled "WEARABLE DEVICES APPARATUSES, SYSTEMS, AND METHODS."
- Additionally, US 16/736,593 claims the benefit of priority from U.S. Provisional Patent Application Ser. No. 62/789,818, filed on Jan. 8, 2019, and entitled "MODULARIZED EYEWEAR SYSTEM WITH INTERCHANGEABLE FRAME AND TEMPLES WITH EMBEDDED ELECTRONICS FOR AUGMENTED REALITY AND ACTIVITY MONITORING."
Therefore, the earliest priority date for US12216339 is December 12, 2018, from U.S. Provisional Patent Application Ser. No. 62/778,709.
No divisional applications are explicitly mentioned as being filed from US12216339 or its direct parent applications within the provided text. A divisional application typically results from a restriction requirement during prosecution.
Projected Expiration Date
For U.S. patents issued from applications filed on or after June 8, 1995, the patent term generally ends 20 years from the earliest effective U.S. filing date (or that of a prior U.S. non-provisional or PCT application from which it claims priority). This term can be adjusted by PTA.
Given the earliest priority date of December 12, 2018, the base expiration date (before any PTA) would be December 12, 2038.
The Google Patents page for US12216339B2 lists an "Anticipated expiration" date of 2039-12-11. This suggests that approximately one year of Patent Term Adjustment was granted (December 12, 2038, plus nearly one year, equals December 11, 2039). The final and official PTA, however, would be stated in the patent's Issue Notification.
A terminal disclaimer can also shorten a patent's life if it repeats claims of a patent that expires sooner. There is no information in the provided text to suggest that a terminal disclaimer was filed for US12216339.
Therefore, the projected expiration date, including the anticipated PTA, is December 11, 2039.
Generated 6/5/2026, 7:14:50 PM
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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More patents asserted by Luxottica OF America Inc
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This patent in court (2)
2 tracked lawsuits name US 12216339.