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 .
Status
The filing on 10/29/2025 amended claims 1, 3, 28 and cancelled claim 27. Claims 1-26 and 28-38 are pending and rejected.
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/29/2025 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 3 recites “the at least two images of the spatial light modulation device (200, 202) as segments in the field of view are combined with one another and/or partly overlap one another.” Claim 3 indirectly depends on claim 1, which recites “at least two images of the spatial light modulation device are generated by the optical system as segments and the images of the spatial light modulation device are directed by the deflection device to defined positions in a field of view of the user being spaced apart from one another by way of a gap.” The segments cannot simultaneously be separated by a gap and partly overly one another. Claim 3 is indefinite.
Claim Rejections – 35 USC § 102
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 1-11, 13-20, 22, 23, 25, 27-34, 36, and 38 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Futterer (US 20130222384 A1).
Regarding claim 1, Futterer teaches a display apparatus (Fig. 1-32) for displaying two-dimensional and/or three-dimensional information to a user, the display apparatus is embodied as an augmented reality display for combining physical surroundings ([0010], [0011], [0201], [0213], [0253]), the display apparatus comprising: an illumination device (110, 122) for emitting light, a spatial light modulation device (200, 202) for modulating incident light, an optical system (150, 400s, 500s, 800s, 900s) comprising a deflection device (400s), and a control device ([0171], [0388]), the control device ([0171], [0388]) is coupled to the illumination device (110, 122) and the deflection device (400s), wherein at least two images (720, 740; Fig. 1a, 1b, 2) of the spatial light modulation device (200, 202) are generated by the optical system (150, 400s, 500s, 800s, 900s) as segments (at 720, 740; Fig. 1a, 1b, 2) and the images of the spatial light modulation device (200, 202) are directed by the deflection device (400s) to defined positions (at 720, 740; Fig. 1a, 1b, 2) in a field of view of the user being spaced apart from one another by way of a gap (at 730; [0047]) and once the deflection device (400s) is adjusted to generate the image of the spatial light modulation device (200, 202) at one of the defined positions, the control device ([0171], [0388]) is adapted to switch the illumination device (110, 122) on a basis of a control of the deflection device (400s), such that the illumination device (110, 122) is switched from an OFF state into an On state and correspondingly emits light that is incident on the spatial light modulation device (200, 202) and the image thereof is generated by means of the optical system (150, 400s, 500s, 800s, 900s) at the defined position ([0246], [0279]).
Regarding claim 2, Futterer further teaches the optical system (150, 400s, 500s, 800s, 900s) is provided for generating at least two images of the spatial light modulation device (200, 202) and for generating virtual visibility regions in accordance with the number of images of the spatial light modulation device (200, 202), where the at least two images of the spatial light modulation device (200, 202) as segments are present in the field of view ([0034], [0047], [0048], [0082], [0098], [0259], [0284], [0375]).
Regarding claim 3, Futterer further teaches the at least two images of the spatial light modulation device (200, 202) as segments in the field of view are combined with one another and/or partly overlap one another ([0034], [0047], [0048], [0082], [0098], [0259], [0284], [0375]).
Regarding claim 4, Futterer further teaches the number of images of the spatial light modulation device (200, 202) as segments is settable differently between a minimum value and a maximum value in each frame and the position of the images of the spatial light modulation device (200, 202) as segments in the field of view is settable differently in each frame ([0058], [0059]).
Regarding claim 5, Futterer further teaches the determination of the number and position of the images of the spatial light modulation device (200, 202) as segments in the field of view is dependent on physical surroundings (volume of view) of the user ([0058]-[0059]).
Regarding claim 6, Futterer further teaches, inherently, the at least one image of the spatial light modulation device (200, 202) is an imaging of the entire spatial light modulation device (200, 202) or an imaging of only a portion of the spatial light modulation device (200, 202).
Regarding claim 7, Futterer further teaches the deflection device (400s) comprises at least one scanning mirror element (415, 410, 420, 411 ,421) which is movably mounted and/or at least one grating element (Fig. 17, 19, 28; [0150], [0152], [0250]-[0252], [0311]).
Regarding claim 8, Futterer further teaches the optical system (150, 400s, 500s, 800s, 900s) comprises at least one combiner (930, 970) for superimposing virtual information on real information in the field of view (Fig. 4, 6, 11; [0201], [0213], [0206]).
Regarding claim 9, Futterer further teaches the deflection device (400s) is arranged between the spatial light modulation device (200, 202) and the combiner (930, 970; Fig. 4, 6, 11; [0197]-[0198], [0206]) or between the illumination device (110, 122) and the spatial light modulation device (200, 202).
Regarding claim 10, Futterer further teaches the deflection device (400s) comprises two scanning mirror elements (411 and 421) which are rotatable in a manner synchronized to one another.
Regarding claim 11, Futterer further teaches the at least one combiner (970) comprises at least one focusing element or at least one focusing function ([0216]).
Regarding claim 13, Futterer further teaches the at least one combiner (930, 970) is at least partly curved (Fig. 6, 11).
Regarding claim 14, Futterer further teaches a continuous movement ([0150], [0152], [0250]-[0252], [0311]) of the at least one scanning mirror element (415, 410, 420, 411 ,421) or a stepwise movement ([0150], [0152], [0250]-[0252], [0311]) of the at least one scanning mirror element (415, 410, 420, 411 ,421) with a fixedly defined increment is provided in the deflection device (400s; Fig. 17, 19, 28).
Regarding claim 15, Futterer further teaches in the case of the continuous movement of the at least one scanning mirror element (415, 410, 420, 411 ,421), the at least one scanning mirror element (410, 411) is combined with a compensation mirror element (420, 421) which carries out such a synchronized movement with the movement of the at least one scanning mirror element (410, 411) that, in the case of a movement of the two mirror elements in a same sense, an image of the spatial light modulation device (200, 202) is generable at a fixed unchanging position and, in the case of a movement of the two mirror element in an opposite sense, an image of the spatial light modulation device (200, 202) is displaceable in the field of view (Fig. 17, 19; [0152], [0250]-[0252]).
Regarding claim 16, Futterer further teaches the movement of the scanning mirror element (410, 411) and of the compensation mirror element (420, 421) in the same sense is provided for as long as the illumination device (110, 122) is in an ON state.
Regarding claim 17, Futterer further teaches a continuous movement of the at least one scanning mirror element (415, 410, 420, 411 ,421) with different predefined speeds or a stepwise movement of the at least one scanning mirror element (415, 410, 420, 411 ,421) with different adaptable increments is provided for generating at least two images of the spatial light modulation device (200, 202) as segments in the field of view within a frame ([0058], [0059]).
Regarding claim 18, Futterer further teaches the speed or the increment of the movement of the at least one scanning mirror element (415, 410, 420, 411 ,421) is adapted to the defined position of the respective image of the spatial light modulation device (200, 202) as segment in the field of view ([0270], [0246], [0279]).
Regarding claim 19, Futterer further teaches size and/or shape of the at least one image of the spatial light modulation device (200, 202) as a segment is variable in successive frames or size and/or shape of the at least two images of the spatial light modulation device (200, 202) as segments with the defined position in the field of view is variable within a frame or in successive frames ([0058], [0059]).
Regarding claim 20, Futterer further teaches that the at least one combiner (930, 970) is embodied as a partly reflecting mirror element or as a light guide (Fig. 17, 19, 28; [0150], [0152], [0250]-[0252], [0311]).
Regarding claim 22, Futterer further teaches the optical system (150, 400s, 500s, 800s, 900s) comprises a variable focus system (field lens) which is capable of setting a distance of the at least one image of the spatial light modulation device (200, 202) as a segment in the field of view from the user ([0035], [0041], [0054], [0099], [0176]-[0178]).
Regarding claim 23, Futterer further teaches the variable focus system (field lens) comprises at least one grating element with a controllable grating period or a combination of active and passive imaging elements ([0041], [0099], [0102]).
Regarding claim 25, Futterer further teaches a gaze tracking system for detecting a viewing direction of the user and/or a detection device for determining a region of the field of view in which virtual information should be represented ([0070]-[0077]).
Regarding claim 28, Futterer teaches a method (Fig. 1-32) for displaying two-dimensional and/or three-dimensional information to a user, the display apparatus is embodied as an augmented reality display for combining physical surroundings and represented virtual information ([0010], [0011], [0201], [0213], [0253]), the method comprising the steps of: controlling a control device ([0171], [0388]) which is coupled to an illumination device (110, 122) for emitting light and to a deflection device (400s) of an optical system (150, 400s, 500s, 800s, 900s) of a display apparatus (Fig. 1-32), wherein once the deflection device (400s) of the optical system (150, 400s, 500s, 800s, 900s) is adjusted to generate at least two images (720, 740; Fig. 1a, 1b, 2) of a spatial light modulation device (200, 202) at a defined position in a field of view of the user being spaced apart from one another by way of a gap (at 730; [0047]), switching the illumination device (110, 122) on a basis of a control of the deflection device (400s) in order to direct the at least one image of the spatial light modulation device (200, 202) as a segment to one of the defined positions in the field of view of the user, such that the illumination device (110, 122) is switched from an OFF state into an ON state and correspondingly emits light that is incident on the spatial light modulation device (200, 202) and the image thereof is generated by means of the optical system (150, 400s, 500s, 800s, 900s) at the defined position and thereby representing virtual information in the segment in the field of view of the user ([0044]; [0246], [0279]).
Regarding claim 29, Futterer further teaches the optical system (150, 400s, 500s, 800s, 900s) generates at least two images of the spatial light modulation device (200, 202) and virtual visibility regions in accordance with a number of images of the spatial light modulation device (200, 202), where the at least two images of the spatial light modulation device (200, 202) are formed as segments in the field of view of the user ([0034], [0047], [0048], [0082], [0098], [0259], [0284], [0375]).
Regarding claim 30, Futterer further teaches at least one combiner (930, 970) of the optical system (150, 400s, 500s, 800s, 900s) superimposes virtual information additionally generated in the field of view by displaying the at least one image of the spatial light modulation device (200, 202) as a segment on real information in the field of view (Fig. 4, 6, 11; [0201], [0213], [0206]).
Regarding claim 31, Futterer further teaches the at least one image of the light modulation device as a segment is generated in accordance with a required position in the field of view ([0039]-[0044]).
Regarding claim 32, Futterer further teaches the field of view is subdivided into grid fields (230), where a check (e.g., decoding the holographically encoded signal) is carried out for each frame in respect of in which grid field (230) of the field of view virtual information should be represented (i.e., “[o]nly those parts of the 3D scene shall preferably be reconstructed;” [0039]-[0044], [0050]), where the spatial light modulation device (200, 202) and at least one scanning mirror element (415, 410, 420, 411 ,421) of the deflection device (400s) are controlled in such a way that an image of the spatial light modulation device (200, 202) as a segment is generated, in each case only for the grid field (230) in which the virtual information should be represented for each frame, and directed at the defined position in the field of view (i.e., “[o]nly those parts of the 3D scene shall preferably be reconstructed;” [0050]).
Regarding claim 33, Futterer further teaches the field of view is subdivided into grid fields (230), where each grid field (230) is scanned in succession by at least one scanning mirror element (415, 410, 420, 411 ,421) of the deflection device (400s), where a check (e.g., decoding the holographically encoded signal) is carried out for each frame in respect of in which grid field (230) of the field of view virtual information should be represented and a virtual information-containing image of the spatial light modulation device (200, 202) as a segment is generated and assigned by the optical system (150, 400s, 500s, 800s, 900s) only to the respective grid field (230) in which the virtual information should also be represented (i.e., “[o]nly those parts of the 3D scene shall preferably be reconstructed;” [0039]-[0044], [0050]).
Regarding claim 34, Futterer further teaches the at least one scanning mirror element (415, 410, 420, 411 ,421) is moved continuously or stepwise ([0150], [0152], [0250]-[0252], [0311]) with a defined increment for directing the at least one image of the spatial light modulation device (200, 202) as a segment to a defined position in the field of view.
Regarding claim 36, Futterer further teaches in the case of a continuous movement of the at least one scanning mirror element (410, 411), a compensation mirror element (420, 421) is combined with the at least one scanning mirror element (410, 411), where the compensation mirror element (420, 421) carries out a movement that is synchronized with the at least one scanning mirror element (410, 411) when the illumination device (110, 122) is in an ON state (Fig. 17, 19; [0152], [0250]-[0252]).
Regarding claim 38, Futterer further teaches the at least one image of the spatial light modulation device (200, 202) as a segment is displaced by a variable focus system (field lens) in a z-direction along an optical axis of the optical system (150, 400s, 500s, 800s, 900s) to a depth position in the field of view, at which a user accommodates ([0035], [0041], [0054], [0099], [0176]-[0178]).
Claim Rejections - AIA 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 of this title, 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 12, 21, 24, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Futterer in view of Leister (US 20190369403 A1).
Regarding claim 12, Futterer further teaches the at least one focusing element is embodied as a grating element, in particular as a volume grating, in particular as a grating element with a limited acceptance angle ([0102], [0222]-[0227]).
Futterer does not explicitly teach the waveguide (1101) being the combiner.
Leister teaches having the waveguide (1101) being the combiner for AR application ([0011]-[0013]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Futterer with Leister; because it allows using the system in AR application/s.
Regarding claim 21, Futterer further teaches the deflection device (400s) is embodied as a switchable coupling element for coupling the light into a light guide (1101) and/or as an outcoupling element for coupling the light out of the light guide (1101; Fig. 13).
Futterer does not explicitly teach the waveguide (1101) being the combiner.
Leister teaches having the waveguide (1101) being the combiner for AR application ([0011]-[0013]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Futterer with Leister; because it allows using the system in AR application/s.
Regarding claim 24, Futterer does not teach the at least one grating element with the controllable grating period has prism functions and/or phase functions for correcting aberrations.
Leister teaches the at least one grating element with the controllable grating period has prism functions and/or phase functions for correcting aberrations ([0119], [0267], [0272], [0281]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Futterer with Leister; because it allows aberration correction.
Regarding claim 37, Futterer further teaches the spatial light modulation device (200, 202) is illuminated by the illumination device (110, 122) and the light modulated by the spatial light modulation device (200, 202) is directed at the deflection device (400s) which deflects the light on a light guide (1101), where the light is coupled into and propagates in the light guide (1101), where the light propagating in the light guide (1101) is coupled out in accordance with a required defined position in the field of view and the at least one image of the spatial light modulation device (200, 202) as a segment is directed at this defined position (Fig. 13).
Futterer does not explicitly teach the waveguide (1101) being the combiner.
Leister teaches having the waveguide (1101) being the combiner for AR application ([0011]-[0013]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Futterer with Leister; because it allows using the system in AR application/s.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Futterer in view of Fujimaki (US 20160187652 A1).
Regarding claim 26, Futterer does not explicitly teach the illumination device (110, 122) comprises at least one light source that is controllable in pulsed fashion.
Fujimaki teaches the illumination device (221, 222) comprises at least one light source that is controllable in pulsed fashion ([0143]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Futterer with Fujimaki; because it allows precise control of the light source/s with low power loss.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Futterer in view of Gale (US 4668080 A).
Regarding claim 35, Futterer does not explicitly teach the scanning mirror element (415, 410, 420, 411 ,421) is moved stepwise, where the illumination device is activated in each case when the at least one scanning mirror element is in a holding state following a defined increment and the spatial light modulation device is illuminated for generating an image of the spatial light modulation device, as a result of which the generated image of the spatial light modulation device as a segment is directed at a defined position in the field of view, where the illumination device is deactivated when the at least one scanning mirror element is in a movement state.
Gale teaches the mechanism of stepwise scanning (Fig. 5; col. 6, lines 23-45) and continuous scanning (Fig. 6; col. 6, lines 46-62), where in the stepwise movement, the illumination device is activated in each case when the at least one scanning mirror element is in a holding state following a defined increment and the illumination device is deactivated when the at least one scanning mirror element is in a movement state (Fig. 5; col. 6, lines 23-45).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Futterer with Gale such that the scanning mirror element is moved stepwise, where the illumination device is activated in each case when the at least one scanning mirror element is in a holding state following a defined increment and the spatial light modulation device is illuminated for generating an image of the spatial light modulation device, as a result of which the generated image of the spatial light modulation device as a segment is directed at a defined position in the field of view, where the illumination device is deactivated when the at least one scanning mirror element is in a movement state; because it is a proven technology that does not require undue experimentation.
Response to Arguments
Applicant's arguments with respect to claim 1 have been fully considered but are found not persuasive; hence the rejections of all pending claims are maintained.
Regarding claims 1 and 28, applicant/s argue,
But in contrast to the claimed invention, this disclosure of Fuetterer indicates that the multiple virtual images of the spatial light modulator are joined without gaps, as pointed out above, 1.e., Fuertterer teaches away from having gaps. In any event, because switching the illumination device from an OFF state into an ON state is explicitly claimed in claim 1, Fuetterer neither teaches nor reasonably suggests the claimed invention. Fuetterer as such does not provide a hint to switch the illumination device at all, and in particular from an OFF state into an ON state, and in particular with the functional dependencies of the other features of claim 1. (Remarks; p 18).
Examiner respectfully disagrees. Futterer clearly teaches in paragraph [0047], “[t]he individual segments shall be joined with as little gap as possible or even partly overlap.” “[A]s little gap as possible” does not mean gapless or without gap. Furthermore, segment 730 can be interpreted as the gap between segment 740 and 720.
Secondly, claim 1 (and similarly, claim 28) recites “the control device is adapted to switch the illumination device on a basis of a control of the deflection device, such that the illumination device is switched from an OFF state into an ON state and correspondingly emits light that is incident on the spatial light modulation device and the image thereof is generated by means of the optical system at the defined position.” There is no further limitation regarding when or how the “the illumination device is switched from an OFF state into an ON state.” Merely, having “the illumination device [being] switched from an OFF state into an ON state” inherent in electronic devices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-LUAN Q LE whose telephone number is (571)270-5362. The examiner can normally be reached on Monday-Friday; 9:00AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minh-Toan Ton can be reached on (571) 272 230303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BAO-LUAN Q LE/
Primary Examiner, Art Unit 2882