Notice of Pre-AIA or AIA Status
1.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 Arguments
2. Applicant's arguments filed 11/7/2025 have been fully considered but they are not persuasive.
Applicant’s specification describes a waveguide unit 11 that “includes three waveguides 111, 112, 113 for guiding three portions 121, 122, 123 of the first light 12,” each waveguide having an in-coupling region (114, 115, 116) that “deflect[s] a corresponding portion of the first
light from a light providing device 300 to propagate” and an out coupling region (117, 118, 119) that “direct[s] the corresponding portion ... toward the eye ... through the output surface.” Nothing in that disclosure ties the three waveguides to color separation; rather, they split the same ‘first light’ spatially into portions of one virtual image light bundle. By contrast, Miller emphasizes that its three waveguides use wavelength selective in coupling elements “such that they selectively redirect one or more wavelengths of light, while transmitting other wavelengths” (i.e., a red/green/blue allocation), and describes the out-coupling elements as exit pupils/expanders that deliver those color separated channels.
Applicant further argues that the three waveguides of Miller are wavelength selective, and therefore Miller separates the light spectrally, not spatially, as recited in the claim 1.
This is not found persuasive.
The current application is silent about spatially distinct portions of the first light, and silent about definition of spatially distinct. Page 4 of current application only discloses “the waveguide unit 11 includes three waveguides 111, 112, 113 for guiding three portions 121, 122, 123 of the first light 12. Each of the waveguides 111, 112, 113 includes an in- coupling region 114, 115, 116 and an out- coupling region 117, 118, 119. The in- coupling region 114, 115, 116 is configured to deflect a corresponding portion 121, 122, 123 of the first light 12 from a light-providing device 300 to propagate in the corresponding waveguide 111, 112, 113.”
In fact, “spatially distinct” was not discussed in the current specification. And the current specification never discussed that the three portion of the light 111, 112, 113 is not wavelength based. In this rejection, the Examiner interpretated spatially distinct based on Fig. 1 of current application is that because in-coupling elements 114, 115, 116 are spatially distinct as shown in Fig. 1 (114, 115, 116 are located at different location, thus the light of 12 deflected on 114, 115, 116 are spatially distinct. In this way, the current application discloses “three waveguides which are configured to respectively guiding three spatially distinct portions of the first light.” Also, the amended claim 1 does not exclude the wavelength selective in-coupling elements.
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As shown in Fig. 9A of Miller, it teaches that” three waveguides (670,680,690 Fig. 9A) which are configured to respectively guiding three spatially distinct portions (because in coupling element 700 of waveguide 670, in-coupling element 710 of waveguide 680, in-coupling element 720 of waveguide 690 are spatially distinct ( at different location), 670, 680, 690 using the in-coupling elements on them to guide three spatially distinct portion of the first light ( a combine of 770, 780,790, Fig. 9A).
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Since the applicant’s argument is not persuasive, and the current rejection is maintained.
Claim Rejections - 35 USC § 103
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.
3. Claim(s) 1, 2, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya (embodiment of Fig. 2) (US 20200301239 A1) in view of Miller (US20170293145A1)
Regarding claim 1, Akkaya (embodiment of Fig. 2) (US 20200301239 A1) teaches an optical display system ([0014]: Near-eye display system 10A) comprising: an augmented reality device ([0043]: the near-eye display system may be used in a device or environment that also allows external imagery to reach the user. Such an environment may be referred to as an ‘augmented-reality’ (AR) or ‘mixed-reality’ (MR) environment) having an output surface (Exit grating 28) which is disposed to permit a combined image ([0043]: the near-eye display system may be used in a device or environment that also allows external imagery to reach the user. Such an environment may be referred to as an ‘augmented-reality’ (AR) or ‘mixed-reality’ (MR) environment) from said augmented reality device to be directed to an eye of a viewer ([0017]: optical waveguide 24 includes an entry grating 26 and an exit grating 28. Exit grating 28 is a diffractive structure configured to controllably release the propagating display light from the optical waveguide in the direction of observer O); and a lens device disposed between said output surface and the eye of the viewer ([0035]: near-eye display system 10A of FIG. 2A includes a fixed-focus lens 50 in series with variable-focus lens 38. It’s clear from Fig. 2A that the lenses are disposed between exit grating 28 and the observer O) and including a focus lens unit disposed proximate to said output surface ([0036]: fixed-focus lens 50 is positioned between variable-focus lens 38 and optical waveguide 24), and configured to shift a focus of a combined light (Fig. 2A, [0045]: where optical waveguide 24 is configured to receive external light from opposite observer O and to release the external light toward the observer) that results in the combined image ([0043]: Such an environment may be referred to as an ‘augmented-reality’ (AR) or ‘mixed-reality’ (MR) environment. Applied in such an environment, variable-focus lens 38 and/or fixed-focus lens 50 of near-eye display system 10A would alter the vergence of the external light received from opposite the observer), and a variable focus lens disposed distal from said output surface ([0036]: fixed-focus lens 50 is positioned between variable-focus lens 38 and optical waveguide 24), and configured to continuously shift the focus of the combined light that is being focused by said focus lens unit ([0038]: variable-focus lens 38 may be energized so as to offset or reverse the divergence effected by fixed-focus lens 50. [0039]: Accordingly, variable-focus lens 38 may be configured such that its optical power varies within a non-divergent, non-negative diopter range as a function of the focusing bias. [0043]: In general, any near-eye display system that applies optical power to imagery perceived by the user desirably can, when operated in an AR or VR environment, apply compensatory optical power to the external imagery).
wherein said augmented reality device ([0043]: the near-eye display system may be used in a device or environment that also allows external imagery to reach the user. Such an environment may be referred to as an ‘augmented-reality’ (AR) or ‘mixed-reality’ (MR) environment) includes a waveguide unit ([0031]: optical waveguide 24) which has said output surface ([0031]: exit grating 28) and which is configured to permit a first light for forming a virtual image ([0016]: optical waveguide 24 configured to receive the display light from display projector 16 and to release the display light toward observer O. [0019]: each display image formed by near-eye display system 10A is a virtual image) and a second light from an object in a real world ([0045]: In FIG. 2A, accordingly, where optical waveguide 24 is configured to receive external light from opposite observer O and to release the external light toward the observer) to combine and output from said output surface, thereby forming the combined image ([0043]: the near-eye display system may be used in a device or environment that also allows external imagery to reach the user) ,wherein said waveguide unit ([0016]: optical waveguide 24) includes at least one waveguide which has an in-coupling region (Fig. 2A, Entry grating 26) configured to deflect the first light from a light-providing device (Fig. 2A, display projector 16) to propagate in said waveguide ([0017]: Entry grating 26 is a diffractive structure configured to receive the display light and to couple the display light into the optical waveguide), and an out-coupling region (Fig. 2A, Exit grating 28) configured to direct the first light propagating in said waveguide toward the eye of the viewer through said output surface when the first light propagating in said waveguide impinges said out-coupling region ([0017]: Exit grating 28 is a diffractive structure configured to controllably release the propagating display light from the optical waveguide in the direction of observer O).
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Akkaya does not teach said waveguide unit includes three waveguides which are configured to respectively guiding three spatially distinct portions of the first light, each of the three waveguides including an in-coupling region configured to deflect the first light from a light-providing device to propagate in said waveguide, and an out-coupling region configured to direct the first light propagating in said waveguide toward the eye of the viewer through said output surface when the first light propagating in said waveguide impinges said out-coupling region.
However, Miller teaches said waveguide unit includes three waveguides ( 670, 680, 690, Fig. 9A, Fig. 9B) which are configured to respectively guiding three spatially distinct portions of the first light(because in coupling element 700 of waveguide 670, in-coupling element 710 of waveguide 680, in-coupling element 720 of waveguide 690 are spatially distinct ( at different location), 670, 680, 690 using the in-coupling elements on them to guide three spatially distinct portion of the first light ( a combine of 770, 780,790, Fig. 9A). ), each of the three waveguides including an in-coupling region configured to deflect the first light from a light-providing device to propagate in said waveguide ( 700, 710, 720, Fig. 9A, Fig. 9B [0107]the in-coupling optical elements 700, 710, 720 may be configured to deflect light directly to the out-coupling optical elements 800, 810, 820) , and an out-coupling region (800, 810, 820, Fig. 9A, 9B) configured to direct the first light propagating in said waveguide toward the eye of the viewer through said output surface when the first light propagating in said waveguide impinges said out-coupling region ( [0107]out-coupling optical elements 800, 810, 820 are exit pupils (EP's) or exit pupil expanders (EPE's) that direct light in a viewer's eye 210 (FIG. 7).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Akkaya (embodiment of Fig. 2) (US 20200301239 A1) with three waveguide to respectively guide three spatially distinct portions of the first light taught by Miller (US20170293145A1) in order to encompass light of different wavelengths that perceived by the view abs being different color [0094] and the three wave guide can selectively redirect multiple wavelength of lights [0097]
Regarding claim 2, the combination of Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller teaches the optical display system of claim 1. Akkaya (embodiment of Fig. 2) (US 20200301239 A1) further teaches wherein said focus lens unit is a fixed focus lens ([0036] In the configuration of FIG. 2A, fixed-focus lens 50).
Regarding claim 4, the combination of Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller teaches the optical display system of claim 1. Akkaya (US 20200301239 A1) further teaches wherein said variable focus lens is an electrically tunable focusing liquid crystal lens ([0028] Variable-focus lens 38 may comprise a transmissive liquid-crystal SLM—i.e., LCSLM—operatively coupled to display controller 22).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller (US20170293145A1)in further view of Yaroshchuk (US11194222B2).
Regarding claim 3, the combination of Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller teaches the optical display system of claim 2. Akkaya (embodiment of Fig. 2) (US 20200301239 A1) does not teach wherein said focus lens unit is a polarization-independent lens.
Yaroshchuk (US11194222B2) teaches wherein said focus lens unit is a polarization-independent lens (Col 7, lines 8-14: the first adaptive lens assembly 280 may also include at least one passive lens having non-switchable optical power, i.e., fixed optical power… In some embodiments, the passive lens may be a polarization dependent or a polarization independent LC lens).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller with the polarization-independent lens taught by Yaroshchuk (US11194222B2) to reduce the amount of light loss compared to a method using polarization.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller (US20170293145A1) in further view of Choi (US 20210003848 A1).
Regarding claim 5, Akkaya (embodiment of Fig. 2) (US 20200301239 A1) teaches the optical display system of claim 1. Akkaya (embodiment of Fig. 2) (US 20200301239 A1) does not teach wherein said variable focus lens is a polarization-independent lens.
Choi (US 20210003848 A1) teaches wherein said variable focus lens is a polarization-independent lens ([0159]: the focus tunable lens 160 may be a lens having a polarization-independent refractive power.).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller with the polarization-independent lens taught by Choi (US 20210003848 A1) to reduce the amount of light loss compared to a method using polarization.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller (US20170293145A1) in further view of Akkaya (embodiment of Fig. 8) (US 20200301239 A1).
Regarding claim 6, the combination of Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller teaches the optical display system of claim 1. Akkaya (embodiment of Fig. 2) (US 20200301239 A1) does not teach wherein said variable focus lens is a polarization-dependent lens, and said lens device further includes a polarizer disposed upstream of said variable focus lens.
Akkaya (embodiment of Fig. 8) (US 20200301239 A1) teaches wherein said variable focus lens is a polarization-dependent lens ([0051]: polarization-selective variable-focus lens 38′), and said lens device further includes a polarizer disposed upstream of said variable focus lens ([0051]: a polarization filter 56 arranged to transmit external light. It’s clear from Fig. 8 that this polarization filter is disposed upstream of the variable-focus lens 38′).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller with the polarization-dependent lens taught by Akkaya (embodiment of Fig. 8) (US 20200301239 A1) to eliminate the need for a variable-compensation lens in the display system ([0050]: FIG. 8 shows aspects of an example near-eye display system 10′ that eliminates variable-compensation lens 52 by coercing the display and external light into orthogonal polarization channels).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya (embodiment of Fig. 2) (US 20200301239 A1) Miller (US20170293145A1) in view of Choi (US 20210003848 A1) and Yaroshchuk (US11194222B2).
Regarding claim 7, the combination of Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller teaches the optical display system of claim 1. Akkaya (embodiment of Fig. 2) (US 20200301239 A1) does not teach wherein each of said focus lens unit and said variable focus lens is a polarization-independent liquid crystal lens.
Choi (US 20210003848 A1) teaches said variable focus lens is a polarization-independent ([0159]: the focus tunable lens 160 may be a lens having a polarization-independent refractive power) liquid crystal lens ([0080]: The term ‘focus tunable lens’ used herein refers to a lens that may change a focal length. A liquid crystal (LC) lens, a liquid lens, a movable lens, or other appropriate focus tunable optical systems may be used as the focus tunable lens).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller with the polarization-independent lens taught by Choi (US 20210003848 A1) to reduce the amount of light loss compared to a method using polarization.
Yaroshchuk (US11194222B2) teaches said focus lens unit is a polarization-independent liquid crystal lens (Col 7, lines 8-14: the first adaptive lens assembly 280 may also include at least one passive lens having non-switchable optical power, i.e., fixed optical power… In some embodiments, the passive lens may be a polarization dependent or a polarization independent LC lens).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller with the polarization-independent lens taught by Yaroshchuk (US11194222B2) to reduce the amount of light loss compared to a method using polarization.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya (embodiment of Fig. 2) (US 20200301239 A1) Miller (US20170293145A1) in view of Akkaya (embodiment of Fig. 8) (US 20200301239 A1) and Yaroshchuk (US11194222B2).
Regarding claim 8, the combination of Akkaya (embodiment of Fig. 2) (US 20200301239 A1)and Miller teaches the optical display system of claim 1. Akkaya (embodiment of Fig. 2) (US 20200301239 A1) does not teach wherein each of said focus lens unit and said variable focus lens is a polarization-dependent lens, and said lens device further includes a polarizer disposed upstream of said focus lens unit and said variable focus lens.
Akkaya (embodiment of Fig. 8) (US 20200301239 A1) teaches said variable focus lens is a polarization-dependent lens ([0051]: polarization-selective variable-focus lens 38′), and said lens device further includes a polarizer disposed upstream of said focus lens unit and said variable focus lens([0051]: a polarization filter 56 arranged to transmit external light. It’s clear from Fig. 8 that this polarization filter is disposed upstream of the variable-focus lens 38′).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Akkaya (embodiment of Fig. 2) (US 20200301239 A1) and Miller with the polarization-dependent variable focus lens taught by Akkaya (embodiment of Fig. 8) (US 20200301239 A1) to eliminate the need for a variable-compensation lens in the display system ([0050]: FIG. 8 shows aspects of an example near-eye display system 10′ that eliminates variable-compensation lens 52 by coercing the display and external light into orthogonal polarization channels).
Yaroshchuk (US11194222B2) teaches said focus lens unit is a polarization-dependent liquid crystal (Col 7, lines 8-14: the first adaptive lens assembly 280 may also include at least one passive lens having non-switchable optical power, i.e., fixed optical power… In some embodiments, the passive lens may be a polarization dependent or a polarization independent LC lens).
It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Akkaya and Miller with the polarization-dependent focus lens taught by Yaroshchuk (US11194222B2) to produce a series of optical powers (Col 7, lines 29-35: to provide a series of optical power, the linear polarization dependent active LC lens may be arranged in optical series with other linear polarization dependent active LC lenses and/or passive lenses).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vallius (US 20190072767 A1) ( Fig. 2) teaches about one of which is for use in in-coupling, propagating, and out-coupling red (R) light; one of which is for use in in-coupling, propagating, and out-coupling green (G) light; and one of which is for use in in-coupling, propagating, and out-coupling blue (B) light, by appropriate design of their gratings
Curtis (US20240061249A1) teaches about o FIG. 8B, in some embodiments, three or more of the waveguides 81 la-c may include an in-coupling grating 815a-c and an out-coupling grating 813a-c.
Calafiore (US20220206295A1) teaches an optical system configured to provide an expanded FOV, through three waveguide in Fig. 9A-9C.
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/PINPING SUN/Supervisory Patent Examiner, Art Unit 2872