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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on September 30th, 2025 and November 14th, 2025 have been considered by the examiner.
Response to Amendment
The amendment filed October 10th, 2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 5-6, 8, and 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 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 (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.
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 1, 5-6, 8, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Leibovici (US 2021/0325696) in view of Branda (US 2015/0036204), further in view of Kalinowski (US 2019/0324274) and Sears (US 2020/0111259).
Regarding claim 1, Leibovici discloses an optical assembly (Figs. 1-4, 206A), comprising:
an eyeward side (209) and a backside (211), wherein the optical assembly is configured to receive visible scene light (222) at the backside of the optical assembly and to direct the visible scene light on an optical path toward the eyeward side (as shown in Fig. 2, 222 is directed to the eyeward side);
a dimming element (214) disposed on the optical path between the eyeward side and the backside (214 is between 211 and 209 in Fig. 2), wherein the dimming element includes a lens (214) and a coating of photochromic material ([0040], “a photochromic material that is configured to darken in response to exposure to a range of light wavelengths”) that is configured to darken in response to exposure to a range of light wavelengths, and wherein the lens includes a curvature for focusing the visible scene light to an eye ([0045], “dimming layer 214 may be a prescription lens”), the coating of photochromic material disposed on an optical surface opposite the curvature on the backside of the optical assembly ([0040], “dimming layer 214 is shown as being disposed between the display layer 210 and the backside 211”, as shown in fig. 2, the photochromic material is opposite a backside of the optical assembly);
at least one illuminator (218), wherein the lens is configured to guide the activation light by total internal reflection (TIR) off the curvature of the lens ([0049], “The optical waveguide 308 is configured to direct the activation light (e.g., by total internal reflection) from the light source 306, at a periphery of the near-eye optical assembly 304, to the extraction feature 310 that is within the field-of-view”); and
a display layer (210) configured to emit visible display light (224), wherein the dimming element is configured to dim the visible scene light without dimming the visible display light (as shown in Fig. 2, 210 is closer to 209 than 214, thus 214 does not dim 224).
Leibovici does not specifically disclose a plurality of illuminators coupled to an edge of the lens, wherein at least one illuminator is configured to selectively emit an activation light within the range of light wavelengths to activate a darkening of the photochromic material to dim the visible scene light.
However Branda, in the same field of endeavor because both teach an optical assembly, teaches a plurality of illuminators (Fig. 4, elements 20) coupled to an edge of the lens (as shown in Fig. 4, 20 is coupled to the edge of 24), wherein at least one illuminator is configured to selectively emit an activation light within the range of light wavelengths to activate a darkening of the photochromic material to dim the visible scene light ([0047], “Light source 20 provides additional light to illuminate and switch first and second switching materials”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical assembly of Leibovici with the plurality of illuminators coupled to an edge of the lens, wherein at least one illuminator is configured to selectively emit an activation light within the range of light wavelengths to activate a darkening of the photochromic material to dim the visible scene light.as taught by Branda, for the purpose of controlling the darkening of the photochromic material ([0007]).
Modified Leibovici does not specifically disclose wherein the at least one illuminator is configured to emit the activation light across a region of the lens dimming element to dim less than an entire field of view of the optical assembly.
However Kalinowski, in the same field of endeavor because both teach an optical assembly, teaches wherein the at least one illuminator (Fig. 5, element 102) is configured to emit the activation light across a region of the lens dimming element (100) to dim less than an entire field of view of the optical assembly ([0044], “The photochromic layer 100 has a plurality of adjustable opacity pixels 20P that each can be individually controlled to be either transparent or opaque (by exposing or not exposing each pixel to light from the light source.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical assembly of Leibovici in view of Branda with the wherein the at least one illuminator is configured to emit the activation light across a region of the lens dimming element to dim less than an entire field of view of the optical assembly as taught by Kalinowski, for the purpose of improving contrast when splaying computer-generated content ([0005]).
Modified Leibovici does not specifically disclose wherein the dimming element is configured to globally reduce or globally occlude the visible scene light.
However Sears, in the same field of endeavor because both teach an optical assembly, teaches wherein the dimming element is configured to globally reduce or globally occlude the visible scene light ([0139], “The photochromic layer may be configured to globally dim the ambient image based on the intensity and spectral content of the ambient light”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical assembly of Leibovici in view of Branda further in view of Kalinowski with the wherein the dimming element is configured to globally reduce or globally occlude the visible scene light as taught by Sears, for the purpose of improving visibility of the augmented image ([0144]).
Regarding claim 5, modified Leibovici teaches as is set forth in claim 1 rejection above and Leibovici further discloses wherein the at least one illuminator (218) is configured to selectively emit the activation light to darken the photochromic material ([0040], “dimming layer 214 includes a photochromic material that is configured to darken in response to exposure to a range of light wavelengths”) across a field of view provided by the optical assembly ([0042], “The in-field dimmer is configured to selectively emit an activation light 226 to activate a darkening of a region 220 of the dimming layer 214”).
Regarding claim 6, modified Leibovici teaches as is set forth in claim 5 rejection above but does not specifically disclose further comprising a reflective coating disposed on the edge of the dimming element, wherein the reflective coating is configured to reflect the activation light within the dimming element.
However Branda, in the same field of endeavor because both teach an optical assembly, teaches further comprising a reflective coating disposed on the edge of the dimming element, wherein the reflective coating is configured to reflect the activation light within the dimming element ([0045], “In some embodiments frame 23 may comprise a reflective component on an inside surface, and may reflect light from the light source towards the layer of switching material 18”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical assembly of Leibovici in view of Branda further in view of Kalinowski with the further comprising a reflective coating disposed on the edge of the dimming element, wherein the reflective coating is configured to reflect the activation light within the dimming element as taught by Branda, for the purpose of controlling the darkening of the photochromic material ([0007]).
Regarding claim 8, modified Leibovici teaches as is set forth in claim 1 rejection above and Leibovici further discloses wherein the activation light comprises non-visible light, ultraviolet light, infrared light, or violet light ([0040], “For example, the photochromic material may be configured to undergo a reversible photochemical reaction in response to exposure to non-visible light, such as infrared (IR) and/or ultraviolet (UV) light”).
Regarding claim 21, modified Leibovici teaches as is set forth in claim 1 rejection above and Leibovici further discloses wherein the lens is a prescription lens ([0045], “dimming layer 214 may be a prescription lens”).
Claims 10-16, 18-20, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Branda (US 2015/0036204) in view of Leibovici (US 2021/0325696), further in view of Kalinowski (US 2019/0324274) and Sears (US 2020/0111259).
Regarding claim 10, Branda discloses a head-mounted device (Figs. 1-5 and 7a, element 50), comprising:
a frame (64); and
an optical assembly secured within the frame (as shown in Fig. 7a, an optical assembly sits within the frame), wherein the optical assembly is configured to receive visible scene light at a backside of the optical assembly (Fig. 7a, there is exists a backside opposite and an eye side) and to direct the visible scene light on an optical path toward an eyeward side of the optical assembly ([0038], “viable for a variety of applications including ophthalmic devices (e.g. visors, masks, goggles, lenses, eyeglasses (prescription or not) or the like)”, examiner interprets this to mean the assembly directs scene light to the user), wherein the optical assembly includes:
a dimming element (18, 34, 54) disposed on the optical path between the eyeward side and the backside (as shown in Fig. 5 and 7a, elements 18, 34, and 54 sit between the eyeward side and backside), wherein the dimming element includes a photochromic material ([0010], “the switchable material comprising a photochromic/thermochromic, a photochromic/photochromic, or a photochromic/electrochromic compound”) that is configured to darken in response to exposure to a range of light wavelengths ([0047], “a first switching material 18, a second switching material 34”);
a plurality of illuminators (20) coupled to an edge of the dimming element (as shown in Figs. 2-5, 20 is coupled to an edge), wherein at least one illuminator is configured to selectively emit an activation light within the range of light wavelengths to activate a darkening of the photochromic material to dim the visible scene light ([0047], “Light source 20 provides additional light to illuminate and switch first and second switching materials”).
Branda does not specifically disclose a display layer configured to emit visible display light, wherein the dimming element is configured to dim the visible scene light without dimming the visible display light.
However Leibovici, in the same field of endeavor because both teach a head-mounted device, teaches a display layer (Fig. 2, 210) configured to emit visible display light (224), wherein the dimming element (214) is configured to dim the visible scene light without dimming the visible display light (as shown in Fig. 2, 210 is closer to 209 than 214, thus 214 does not dim 224).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the head-mounted device Branda with the display layer configured to emit visible display light, wherein the dimming element is configured to dim the visible scene light without dimming the visible display light as taught by Leibovici, for the purpose of increasing the visibility of virtual graphics ([0031]).
Modified Branda does not specifically disclose wherein the at least one illuminator is configured to emit the activation light across a region of the lens dimming element to dim less than an entire field of view of the optical assembly.
However Kalinowski, in the same field of endeavor because both teach an optical assembly, teaches wherein the at least one illuminator (Fig. 5, element 102) is configured to emit the activation light across a region of the lens dimming element (100) to dim less than an entire field of view of the optical assembly ([0044], “The photochromic layer 100 has a plurality of adjustable opacity pixels 20P that each can be individually controlled to be either transparent or opaque (by exposing or not exposing each pixel to light from the light source.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical assembly of Branda in view of Leibovici with the wherein the at least one illuminator is configured to emit the activation light across a region of the lens dimming element to dim less than an entire field of view of the optical assembly as taught by Kalinowski, for the purpose of improving contrast when splaying computer-generated content ([0005]).
Modified Branda does not specifically disclose wherein the dimming element is configured to globally reduce or globally occlude the visible scene light.
However Sears, in the same field of endeavor because both teach an optical assembly, teaches wherein the dimming element is configured to globally reduce or globally occlude the visible scene light ([0139], “The photochromic layer may be configured to globally dim the ambient image based on the intensity and spectral content of the ambient light”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical assembly of Branda in view of Leibovici further in view of Kalinowski with the wherein the dimming element is configured to globally reduce or globally occlude the visible scene light as taught by Sears, for the purpose of improving visibility of the augmented image ([0144]).
Regarding claim 11, modified Branda teaches as is set forth in claim 10 rejection above but does not specifically disclose wherein the dimming element is configured to guide the activation light by total internal reflection to activate the darkening of the photochromic material.
However Leibovici, in the same field of endeavor because both teach a head-mounted device, teaches wherein the dimming element ([0049], “a transparent high-index waveguide that is embedded within a low-index cladding of the dimming layer (e.g., dimming layer 214)”) is configured to guide the activation light by total internal reflection to activate the darkening of the photochromic material ([0049], “The optical waveguide 308 is configured to direct the activation light (e.g., by total internal reflection) from the light source 306, at a periphery of the near-eye optical assembly 304, to the extraction feature 310 that is within the field-of-view”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical assembly of Branda in view of Leibovici further in view of Kalinowski with the wherein the wherein the dimming element is configured to guide the activation light by total internal reflection to activate the darkening of the photochromic material as taught by Leibovici, for the purpose of increasing the visibility of virtual graphics ([0031]).
Regarding claim 12, modified Branda teaches as is set forth in claim 11 rejection above and Branda further discloses wherein the at least one illuminator (20) is configured to selectively emit the activation light to darken the photochromic material across a field of view provided by the optical assembly ([0035], “Control of fading, darkening or both fading and darkening may be accomplished by a light source that may be controlled to stimulate the switching material with light (electromagnetic radiation) of a suitable wavelength to alter the light transmissibility of the material in a controllable manner”).
Regarding claim 13, modified Branda teaches as is set forth in claim 12 rejection above and Branda further discloses further comprising a reflective coating disposed on the edge of the dimming element, wherein the reflective coating is configured to reflect the activation light within the dimming element ([0045], “In some embodiments frame 23 may comprise a reflective component on an inside surface, and may reflect light from the light source towards the layer of switching material 18”).
Regarding claim 14, modified Branda teaches as is set forth in claim 13 rejection above and Branda further discloses wherein the frame positioned to absorb activation light that escapes the dimming element through the at least one illuminator at the edge of the dimming element (as shown in Fig. 7a, the frame is positioned to absorb stray activation light).
Regarding claim 15, modified Branda teaches as is set forth in claim 10 rejection above but does not specifically disclose further comprising: a computing device included in the frame and configured to control the at least one illuminator to emit the activation light.
However Leibovici, in the same field of endeavor because both teach an optical assembly, teaches further comprising: a computing device (Fig. 17, 1702) included in the frame ([0088], “one or more of the components illustrated in FIG. 17 may be incorporated into the frame 202 and/or temple arms 204A/204B of the head-mounted device 200 of FIG. 2”) and configured to control the at least one illuminator to emit the activation light (1714).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical assembly of Branda in view of Leibovici further in view of Kalinowski with the further comprising: a computing device included in the frame and configured to control the at least one illuminator to emit the activation light as taught by Leibovici, for the purpose of increasing the visibility of virtual graphics ([0031]).
Regarding claim 16, modified Branda teaches as is set forth in claim 10 rejection above and Branda further discloses wherein the activation light comprises non-visible light, ultraviolet light, infrared light, or violet light ([0071], “In some embodiments, the switching material may fade upon exposure to selected wavelengths of VIS light and darken upon exposure to selected wavelengths of UV light”).
Regarding claim 18, Branda discloses an optical assembly (Figs. 1-5 and 7a, element 10), comprising:
a dimming element (54) that includes:
a lens (53); and
a photochromic material ([0010], “the switchable material comprising a photochromic/thermochromic, a photochromic/photochromic, or a photochromic/electrochromic compound”), wherein the photochromic material is included in a coating on an optical surface of the lens or in a dye embedded within the lens ([0052], “An optical filter comprising a substrate 53 with surface 52, a layer of switching material 54”, examiner interprets this to mean 54 is a layer on the lens), wherein the photochromic material is configured to darken in response to exposure to a range of light wavelengths ([0052], “a layer of switching material 54”, [0010], “a first light source providing light of a wavelength that causes the switchable material to transition from a faded state to a dark state”); and
a plurality of illuminators (20) coupled to an edge of the lens (as shown in Figs. 2, 4, and 7a, there are a plurality of edge illuminators), wherein the plurality of illuminators are configured to selectively emit an activation light within the range of light wavelengths to activate a darkening of the photochromic material to dim visible scene light ([0010], “a first light source providing light of a wavelength that causes the switchable material to transition from a faded state to a dark state”).
Branda does not specifically disclose wherein the dimming element is configured to guide the activation light by total internal reflection, and a display layer configured to emit visible display light, wherein the dimming element is configured to dim the visible scene light without dimming the visible display light.
However Leibovici, in the same field of endeavor because both teach an optical assembly, teaches wherein the dimming element ([0049], “a transparent high-index waveguide that is embedded within a low-index cladding of the dimming layer (e.g., dimming layer 214)”) is configured to guide the activation light by total internal reflection ([0049], “The optical waveguide 308 is configured to direct the activation light (e.g., by total internal reflection) from the light source 306, at a periphery of the near-eye optical assembly 304, to the extraction feature 310 that is within the field-of-view”), and a display layer (Fig. 2, 210) configured to emit visible display light (224), wherein the dimming element is configured to dim the visible scene light without dimming the visible display light (as shown in Fig. 2, 210 is closer to 209 than 214, thus 214 does not dim 224).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical assembly of Branda with the wherein the dimming element is configured to guide the activation light by total internal reflection, and a display layer configured to emit visible display light, wherein the dimming element is configured to dim the visible scene light without dimming the visible display light as taught by Leibovici, for the purpose of increasing the visibility of virtual graphics ([0031]).
Modified Branda does not specifically disclose wherein at least one illuminator is configured to emit the activation light across a region of the lens dimming element to dim less than an entire field of view of the optical assembly.
However Kalinowski, in the same field of endeavor because both teach an optical assembly, teaches wherein at least one illuminator (Fig. 5, element 102) is configured to emit the activation light across a region of the lens dimming element (100) to dim less than an entire field of view of the optical assembly ([0044], “The photochromic layer 100 has a plurality of adjustable opacity pixels 20P that each can be individually controlled to be either transparent or opaque (by exposing or not exposing each pixel to light from the light source.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical assembly of Branda in view of Leibovici with the wherein at least one illuminator is configured to emit the activation light across a region of the lens dimming element to dim less than an entire field of view of the optical assembly as taught by Kalinowski, for the purpose of improving contrast when splaying computer-generated content ([0005]).
Modified Branda does not specifically disclose wherein the dimming element is configured to globally reduce or globally occlude the visible scene light.
However Sears, in the same field of endeavor because both teach an optical assembly, teaches wherein the dimming element is configured to globally reduce or globally occlude the visible scene light ([0139], “The photochromic layer may be configured to globally dim the ambient image based on the intensity and spectral content of the ambient light”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical assembly of Branda in view of Leibovici further in view of Kalinowski with the wherein the dimming element is configured to globally reduce or globally occlude the visible scene light as taught by Sears, for the purpose of improving visibility of the augmented image ([0144]).
Regarding claim 19, modified Branda teaches as is set forth in claim 18 rejection above and Branda further discloses wherein the dimming element further comprises a reflective coating disposed on the edge of the dimming element, wherein the reflective coating is configured to reflect the activation light within the dimming element ([0045], “In some embodiments frame 23 may comprise a reflective component on an inside surface, and may reflect light from the light source towards the layer of switching material 18”).
Regarding claim 20, modified Branda teaches as is set forth in claim 18 rejection above and Branda further discloses wherein the activation light comprises non-visible light, ultraviolet light, infrared light, or violet light ([0071], “In some embodiments, the switching material may fade upon exposure to selected wavelengths of VIS light and darken upon exposure to selected wavelengths of UV light”).
Regarding claim 22, modified Branda teaches as is set forth in claim 10 rejection above but does not specifically disclose further comprising: a computing device included in the frame and configured to control the at least one illuminator to emit the activation light based on a contrast between the visible scene light and the visible display light being lower than a low-contrast threshold.
However Leibovici, in the same field of endeavor because both teach an head-mounted device, teaches further comprising: a computing device included in the frame and configured to control the at least one illuminator to emit the activation light based on a contrast between the visible scene light and the visible display light being lower than a low-contrast threshold ([0046], “The computing device may make such a determination based on a comparison of a color of the visible scene light 222 within the region 220 and/or by determining a contrast between the visible scene light 222 and the visible display light 224 within region 220. If the color of the visible scene light 222 within region 220 is the same or similar to the color of the visible display light 224, and/or if the contrast between the visible scene light 222 and the visible display light 224 is lower than a low-contrast threshold, then the computing device may enable the in-field dimmer 218 to emit the activation light 226 to darken the region 220.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the optical assembly of Branda in view of Leibovici further in view of Kalinowski with the further comprising: a computing device included in the frame and configured to control the at least one illuminator to emit the activation light based on a contrast between the visible scene light and the visible display light being lower than a low-contrast threshold as taught by Leibovici, for the purpose of increasing the visibility of virtual graphics ([0031]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW Y LEE whose telephone number is (571)272-3526. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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/MATTHEW Y LEE/Examiner, Art Unit 2872 8 January 2026