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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive.
With regard to the applicant arguments revolving around the amendment stating “wherein the first position detection device and the second position detection device are separate components” and that in Fig. 7A and paragraph [0111] of the prior art the components 33A and 34A are shared and therefore the detection apparatus 31 and 32 are shared the examiner respectfully disagrees. As just because the two detection devices are within the same housing does not mean the two detection devices are the same device and there would be no need to label the detection devices with two separate reference numbers. As such the rejection is believed to be proper and has been restated below to include the amendments to the claims.
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 (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 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Hayashi (WO 2019181482, of record) herein after referred to as D1.
With regard to claim 1, D1 teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); comprising: an eyepiece optical device (40D); and an image display device (20) including an image forming device (21) and a transfer optical device (22) that emits an image incident from the image forming device (21) to the eyepiece optical device (40D), wherein the eyepiece optical device (40D) and the image display device (20) are spatially separated from each other, the eyepiece optical device (40D) forms the image from the transfer optical device (22) on a retina (51) of an observer (50), the image display device (20) further includes a control unit (30), a first position detection device (31) and a second position detection device (32) that detect a position of the eyepiece optical device (40D), and a transfer-optical-device (21) control device (30), wherein the first position detection device (31) and the second position detection device (32) are separate components, and the transfer-optical-device (21) control device (30) controls the transfer optical device (22) such that the image incident from the image forming device (21) reaches the eyepiece optical device (40D) (40D) under control of the control unit (30) on a basis of position information ([0010-0012]) of the eyepiece optical device (40D) detected by the first position detection device (31), and the control unit (30) corrects the position detected by the first position detection device (31) on a basis of position information of the eyepiece optical device (40D)detected by the second position detection device (32).
With regard to claim 2, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the control unit (30) controls formation of the image in the image forming device (21)on a basis of the position information of the eyepiece optical device (40D) detected by the first position detection device (31), by the second position detection device (32), or by the first position detection device (31) and the second position detection device (32).
With regard to claim 3, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the first position detection device (31) includes a light source (21), a first optical path synthesizing unit (23), a second optical path synthesizing unit (22), and a light receiving unit, the image incident from the image forming device (21)is formed on the retina (51) of the observer (50) via the second optical path synthesizing unit, the transfer optical device (22) , and the eyepiece optical device (40D), and light emitted from the light source (21) reaches the eyepiece optical device (40D) via the first optical path synthesizing unit, the second optical path synthesizing unit, and the transfer optical device (22) , is returned to the transfer optical device (22) by the eyepiece optical device (40D), is incident on the first optical path synthesizing unit (23) via the transfer optical device (22) and the second optical path synthesizing unit, is emitted from the first optical path synthesizing unit (23) in a direction different from a direction of the light source (21), and is incident on the light receiving unit (34D).
With regard to claim 4, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 3, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein in a case where an incident position of the light incident on the light receiving unit (34D) from the first optical path synthesizing unit (23) shifts from a predetermined position, the transfer-optical-device control device (30) controls a position of the transfer optical device (22) so as to eliminate the shift.
With regard to claim 5, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 3, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein an emission angle of light from the transfer optical device (22) , the light having been emitted from a center of the light source (21), is different from an emission angle of light from the transfer optical device (22) , the light having been emitted from a center of the image forming device.
With regard to claim 6, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 3, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the light source (21) emits an infrared ray in an eye-safe wavelength band ([0015]).
With regard to claim 7, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 3, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the light emitted from the light source (21) and incident on the first optical path synthesizing unit (23) is divergent light.
With regard to claim 8, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 3, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the light receiving unit is arranged at a position closer to the first optical path synthesizing unit (23) than to a position optically conjugate with the light source (21).
With regard to claim 9, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 3, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the light receiving unit (34D) includes a position sensitive detector (31 and 32), a multi-segmented photodiode, or a plurality of photodiodes.
With regard to claim 10, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the first position detection device (31) also serves as the second position detection device (32).
With regard to claim 11, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the transfer-optical-device control device (30) causes the transfer optical device (22) to perform image projection control on the retina (51) of the observer (50) in a horizontal direction and a vertical direction of the image to be formed on the retina (51) of the observer (50).
With regard to claim 12, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the transfer optical device (22) includes a combination of two galvanometer mirrors (22, 23).
With regard to claim 13, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein a retroreflective element is attached to the eyepiece optical device (40D).
With regard to claim 14, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the eyepiece optical device (40D) includes a diffractive optical member (40C).
With regard to claim 15, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the eyepiece optical device (40D) includes a light collection member (34D) and a deflection member (22, 23).
With regard to claim 16, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the eyepiece optical device (40D) and the image display device (20) are relatively movable.
With regard to claim 17, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the eyepiece optical device (40D) is worn by the observer (50).
With regard to claim 18, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); wherein the eyepiece optical device (40D) is arranged at a position away from the observer (50).
With regard to claim 19, D1 teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); comprising: an eyepiece optical device (40D) (10D); and an image display device (20) including an image forming device (21) and a transfer optical device (22) that emits an image incident from the image forming device (21) to the eyepiece optical device (40D), wherein the eyepiece optical device (40D) and the image display device (20) are spatially separated from each other, the eyepiece optical device (40D) forms the image from the transfer optical device (22) on a retina (51) of an observer (50), the image display device (20) further includes a control unit (30), a first position detection device (31) and a second position detection device (32) that detect a position of the eyepiece optical device (40D), and a transfer-optical-device control device (30), wherein the first position detection device (31) and the second position detection device (32) are separate components. and the transfer-optical-device control device (30) controls the transfer optical device (22) such that the image incident from the image forming device (21) reaches the eyepiece optical device (40D) under control of the control unit (30) on a basis of position information of the eyepiece optical device (40D) detected by the first position detection device (31), and the control unit (30) controls formation of the image in the image forming device (21) on a basis of the position information of the eyepiece optical device (40D) detected by the first position detection device (31), by the second position detection device (32), or by the first position detection device (31) and the second position detection device (32).
With regard to claim 20, D1 teaches a display apparatus, in at least (fig. 7A; and [0041], [0053], [0092-0095], and [0103-0107]); comprising: an eyepiece optical device (40D) (10D) (10D); and an image display device (20) including an image forming device (21)and a transfer optical device (22) that emits an image incident from the image forming device (21) to the eyepiece optical device (40D), wherein the eyepiece optical device (40D) and the image display device (20) are spatially separated from each other, the eyepiece optical device (40D) forms the image from the transfer optical device (22) on a retina (51) of an observer (50), the image display device (20) further includes a first position detection device (31) that detects a position of the eyepiece optical device (40D), the first position detection device (31) includes a light source (21), a first optical path synthesizing unit (23), a second optical path synthesizing unit (22), and a light receiving unit (31,32), wherein the first optical path synthesizing unit (22) is provided between the second optical path synthesizing unit (23) and the light receiving unit in an optical path direction, wherein the image incident from the image forming device (21) is formed on the retina (51) of the observer (50) via the second optical path synthesizing unit, the transfer optical device (22) , and the eyepiece optical device (40D), and light emitted from the light source (21) reaches the eyepiece optical device (40D) via the first optical path synthesizing unit (23), the second optical path synthesizing unit (22), and the transfer optical device (22) , is returned to the transfer optical device (22) by the eyepiece optical device (40D), is incident on the first optical path synthesizing unit via the transfer optical device (22) and the second optical path synthesizing unit, is emitted from the first optical path synthesizing unit in a direction different from a direction of the light source (21), and is incident on the light receiving unit.
Conclusion
THIS ACTION IS MADE FINAL. 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 GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GRANT A GAGNON/ Examiner, Art Unit 2872
/BALRAM T PARBADIA/ Primary Examiner, Art Unit 2872