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 .
Response to Amendment
Receipt is acknowledged of the amendment filed 2/05/2026. Claims 1, 12, and 18 are amended, and claims 1, 5, 7-8, 10-12, and 17-18 are currently pending.
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 1,7-8, 10-12, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/017591 to Goto et al. (hereinafter Goto) in view of US 5748825 to Rockwell (hereinafter Rockwell). US PG Pub. 2021/0274137 used as an English-language translation.
Regarding claims 1 and 18, Goto discloses an optical assembly (Fig. 25; [0157]-[0174]), comprising: an eyeward (+Z, Fig. 25) and a backside (-Z, Fig. 25); a dimming layer (photochromic layer 211, Fig. 25; [0157]-[0174]) disposed on the an optical path between the eyeward side and the backside (Fig. 25; [0157]-[0174]); and an illumination layer (light guiding layer 214 has a high refractive index layer 215, Fig. 25; [0157]-[0174]) positioned on the optical path between the eyeward side and the dimming layer, wherein the illumination layer includes: a reflective coating disposed on an edge thereof and configured to reflect light within the dimming layer (“the end 210b on the side facing the end 210a and the left and right ends of the screen extending along the light guide direction of the light control layer 210, for example, an ultraviolet light reflecting material that reflects excitation light is disposed”); an eyeward side cladding layer (first low refractive index layer 216, Fig. 25), a core layer (a high refractive index layer 215, Fig. 25), and a backside layer (a second low refractive index layer 217, Fig. 25), wherein: the eyeward side cladding layer is disposed on a first surface of the core layer and has a first refractive index and a first thickness first low refractive index layer 216, Fig. 25), the backside cladding layer is disposed on a second surface of the core layer and has a second refractive index and a second thickness (a second low refractive index layer 217, Fig. 25); and the core layer has a third refractive index (a high refractive index layer 215, Fig. 25).
Goto discloses the claimed invention as cited above though does not explicitly disclose the third refractive index is greater than each of the first refractive index and the second refractive index, the first thickness is greater than a second thickness, and the second refractive index is greater than the first refractive index.
Rockwell discloses an eyeward side cladding layer (“PVDF and PMMA blends may be used to form a low-cost, low-index cladding material… with a low index of refraction when mixed in ratios of 40% or more of PMMA. This copolymer system may be used in the cladding 3”; col. 15, ll. 10-15), a core layer (core 4, Fig. 5), and a backside layer (“a thin, low index intermediate cladding 11”, Fig. 5), wherein: the third refractive index is greater than each of the first refractive index and the second refractive index (col. 5, ln. 49-col. 6, ln. 25).
Rockwell does not explicitly disclose relative thicknesses and refractive indexes of the cladding layers, however Rockwell discloses the thickness and index are critical design parameters used to effectuate leakage of an evanescent field out of the core into a preferred direction (col. 5, ln. 49-col. 6, ln. 25).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a thinner cladding with comparatively higher refractive index as taught by Rockwell with the system as disclosed by Goto. The motivation would have been to allow guided light to extend into additional optic layers (e.g. electro-optic layers or photochromic layers).
Regarding claim 7, Goto discloses at least one absorption layer disposed on the optical path between the eyeward side and the backside to absorb light (UV absorbing layer 212, Fig. 25; [0160]-[0163]).
Regarding claim 8, Goto discloses at least one illuminator coupled to an edge of the illumination layer, wherein the at least one illuminator is configured to selectively emit light (excitation light source 220; [0157]-[0174]).
Regarding claim 10, Goto discloses the light comprises non-visible light, ultraviolet light, infrared light, or violet light ([0160]-[0163]).
Regarding claim 11, Goto discloses a display layer (reflective layer 13, Fig. 25) disposed on the optical path between the eyeward side of the optical assembly and the dimming layer, wherein the display layer is configured to direct visible display light toward the eyeward side (Figs. 1, 2, 6, 7; [0074]-[0080]).
Regarding claims 12, Goto discloses a head-mounted device (Fig. 7; [0044]-[0064]), comprising: a frame (Fig. 7; [0044]-[0064]); and an optical assembly secured within the frame, wherein the optical assembly is limited as in Claim 1.
Regarding claim 17, Goto discloses a display layer disposed on the optical path between the eyeward side of the optical assembly and the dimming layer, wherein the display layer is configured to direct visible display light toward the eyeward side (“device 10 may include a display unit such as display 26U for producing image light 82”, Fig. 6; [0044]-[0064]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Goto in view of Rockwell as applied to claim 4, further in view of US Pat. No. Pat. No. 10,254,454 to Klug et al. (hereinafter Klug).
Regarding claim 5, Goto discloses the claimed invention as cited above though does not explicitly disclose the thickness of the backside cladding layer is in the range of one to ten microns.
Klug discloses the thickness of the backside cladding layer is in the range of one to ten microns (“Inkjet technology is advantageously capable of providing thin layers, for example between about 10 nm and 1 micron; or between about 10 nm and about 10 microns in thickness and can reduce waste in comparison with other techniques such as spin coating”; col. 16, ln. 3-col. 17, ln. 2 & col. 18, ll. 25-col. 19, ln. 17).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a thin cladding as taught by Klug with the system as disclosed by Goto. The motivation would have been to reduce waste (col. 16, ln. 3-col. 17, ln. 2 & col. 18, ll. 25-col. 19, ln. 17).
Response to Arguments
Applicant's arguments filed 2/05/2026 have been fully considered but they are not persuasive.
On page 11 of the Response, Applicant argues that Goto’s preference for additional layers is “having identical refractive indices as the layers are “the same material” and fails to teach the claimed limitation on different cladding thicknesses. Examiner acknowledges that Goto discloses two cladding layers of a same material. A person having ordinary skill in the art would understand that Goto’s light control structure hinges on a relationship between the course changing elements 215a, core layer 215 and cladding layers 216 and 217, at least. Further, Applicant does not argue that Rockwell fails to cure this particular alleged deficiency but rather the limitation on the now-claimed reflective coating. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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 CHRISTOPHER J STANFORD whose telephone number is (571)270-3337. The examiner can normally be reached 8AM-4PM PST M-F.
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/CHRISTOPHER STANFORD/Primary Examiner, Art Unit 2872
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