DETAILED ACTION
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.
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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/29/25 has been entered.
Response to Amendment
The amendments on 12/29/25 have been entered.
Response to Arguments
Applicant’s argument on pages 8-11, filed on 12/29/25 have been fully considered and are not persuasive.
Applicant asserts on page 9 that the cited reference Takagi, with respect to claim 1, discloses a single-assembly light-adjusting shade (80) having a first light-adjusting member (81) that spans across the front of the headset, as shown in Figure 2. The Examiner respectfully disagrees. An updated rejection addressing the amended language of claims 1 and 17 is set forth below.
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.
Claims 1-5, 8-13, and 15-22 are rejected under 35 U.S.C. 103 as being unpatentable over Takagi et al. (US 20180246327) in view of Biver et al. (US 20240045298).
Regarding claim 1, Takagi teaches a head mounted device (fig. 1-3, ¶39, head mounted display (HMD)), comprising, a first dimmable element (first light adjusting member 81), including a layer of one or more photochromic materials (¶55, photochromic layer 81b provided on the surface of the substrate 81a by applying a curable composition containing a photochromic compound); and a second dimmable element (second light adjusting member 82) optically coupled with the first dimmable element (81) to receive light transmitted through the first dimmable element (81; ¶54, the first light adjusting member 81 adjusts the transmittance of the first light adjusting member 81 itself on the basis of the outside light incident and ¶59, fig. 3). Takagi does not specifically teach a first eyepiece and a second eyepiece, wherein, the first and second eyepiece each comprise an optical device having, a first dimmable element, including a layer of one or more photochromic materials, that is disposed on a non-planar surface of a substrate. However, in a similar field of endeavor, Biver teaches a device (fig. 1-3) teaches a first eyepiece (3a) and a second eyepiece (3b), wherein, the first (3a) and second (3b) eyepiece each comprise an optical device having, a first dimmable element (shell 5), including a layer of one or more photochromic materials (¶124, the shells 4, 5 may be colored, photochromic and/or polarized), that is disposed on a non-planar surface of a substrate (shown in fig. 2B is non-planar). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Takagi with a first eyepiece and a second eyepiece, wherein, the first and second eyepiece each comprise an optical device having, a first dimmable element, including a layer of one or more photochromic materials, that is disposed on a non-planar surface of a substrate of Biver, for the purpose of the overall features improving aesthetic and the wearer comfort (¶103).
Regarding claim 2, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches the first dimmable element (fig. 1-3, 81) has a first optical transparency while the first dimmable element (81) is in a first state and a second optical transparency that is distinct from the first optical transparency while the first dimmable element (81) is in a second state that is distinct from the first state (¶71, the photochromic layer 81 has low transparency under high UV illumination and a high transparency under low UV illumination); and the second dimmable element (82) has a third optical transparency while the second dimmable element (82) is in a third state and a fourth optical transparency that is distinct from the third optical transparency while the second dimmable element (82) is in a fourth state that is distinct from the third state (¶71, depending on the conditions the electrically controlled second dimmable element 82 is set to control the overall transparency of the light adjusting shade 80, which can be in the same or opposite direction compared to the photochromic layer).
Regarding claim 3, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches further comprising: an electronic controller (190) for placing the second dimmable element (82, (fig. 7, 8, and 10; ¶71 and ¶72)) in the third state at a first time and in the fourth state at a second time that is distinct from the first time (¶71, the control based on the moving average of the outside illuminance is called normal light level control, note: the intensity of light outside fluctuates throughout the day).
Regarding claim 4, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches further comprising, an optical sensor (S1; fig. 3, 4 and 6; ¶12, ¶14, ¶56, ¶71) positioned to determine an intensity of light transmitted (¶56, the first outside light sensor S1 detects the illuminance in the outside particularly, in the front region of the field of view through the first light adjusting member 81) through the first dimmable element (81), wherein the optical sensor (S1) is coupled with the electronic controller (CR) to provide information indicating the intensity of light transmitted through the first dimmable element (¶56, the first outside light sensor S1 detects the illuminance in the outside particularly, in the front region of the field of view through the first light adjusting member 81; fig. 6 which is couple to S1and ¶68, the controller CR and transmitting and receiving signals to and from the image forming apparatus 40, the light adjusting shade 80, and other components attached to the main body 100p).
Regarding claim 5, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches wherein, the first dimmable element (81, ¶55) transitions from the first state to the second state and from the second state to the first state independent of the electronic controller (¶55, the first light adjusting member 81 blackens, that is, the transmittance of the first light adjusting member 81 decreases when the outside light has high illuminance. The transmittance of the first light adjusting member 81 can be changed over a range from about 15 to 80%. The first light adjusting member 81 has a relatively low response speed; the color developing response period is about 10 seconds, and the color fading period ranges from about several tens to several hundreds of seconds.).
Regarding claim 8, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches wherein, the second dimmable element (82; ¶71, fig. 7, 8, and 10) includes a guest host liquid crystal element (¶60, for example, a guest host liquid crystal element can be used).
Regarding claim 9, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches wherein, the guest host liquid crystal element (¶60) includes liquid crystals and one or more selected from a group consisting of: polymers, inorganic particles, or dichroic dye (¶60, the second light adjusting member 82 can still instead be a polymer dispersed liquid crystal element.).
Regarding claim 10, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches a guest host liquid crystal element but does not specifically teach the second dimmable element also includes a second guest host liquid crystal element that is distinct from a first guest host liquid crystal element. However, it would have been obvious to one of ordinary skill in the art before the effective filing date to try and provide the combined device of Takagi in view Biver with the second dimmable element also includes a second guest host liquid crystal element that is distinct from the first guest host liquid crystal element, with a reasonable expectation of success for the purpose of allowing an increase in the response speed and relative increase in the transmittance (¶60).
Regarding claim 11, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches wherein, the second dimmable element (82) includes an electrophoretic display (¶60, for example, be an SPD (suspended particle device)).
Regarding claim 12, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches wherein, the second dimmable element includes an electrochromic display (¶60, the second light adjusting member 82 is not limited to an electrochromic element and can instead be an element that can be electrically driven by voltage or current.).
Regarding claim 13, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches in ¶60 the second light adjusting member 82 is not limited to an electrochromic element and can instead be an element that can be electrically driven by voltage or current but does not specifically teach the electrochromic display includes one or more selected from the group consisting of, inorganic metal oxide, conductive polymer, viologen, or any combination thereof. However, it would have been obvious to one of ordinary skill in the art before the effective filing date to substitute the materials of Takagi in the device with a reasonable expectation of success because it is a substitution of one known element for anther to obtain predictable results. One have been motivated to choose the electrochromic materials with these properties for the purpose of adjusting transmittance. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of design choice. Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945).
Regarding claim 15, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches including, an array of dimmable elements of a first type, a respective dimmable element of the array of dimmable elements of the first type corresponding to the first dimmable element (at least ¶86, the first dimmable element 81 is not controlled by the controller, but driven by the external light, thus it can be virtually divided in an array of dimmable elements, fig. 9); and an array of dimmable elements (82a) of a second type, a respective dimmable element of the array of dimmable elements of the second type corresponding to the second dimmable element (¶82, the second light adjusting member 82 can be divided into a plurality of regions 82a).
Regarding claim 16, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches comprising, the optical device, wherein the first dimmable element (81, shown in fig. 2 is away from the eye) is positioned away from one or more eyes of a wearer relative to the second dimmable element (82, shown in fig. 2 is on the side facing the eye).
Regarding claim 17, Takagi teaches a method for making a head-mounted display (fig. 1-3, ¶39, head mounted display (HMD)), the method comprising, a first dimmable element (first light adjusting member 81), including a layer of one or more photochromic materials (¶55, photochromic layer 81b provided on the surface of the substrate 81a by applying a curable composition containing a photochromic compound); and a second dimmable element (second light adjusting member 82) adjacent to the first dimmable element (81) so that the second dimmable element (82) is optically coupled with the first dimmable element (81) to receive light transmitted through the first dimmable element (81; ¶54, the first light adjusting member 81 adjusts the transmittance of the first light adjusting member 81 itself on the basis of the outside light incident and ¶59, fig. 3). Takagi does not specifically teach forming a first eyepiece and a second eyepiece, wherein the first and second eyepiece each comprise an optical device having, a first dimmable element, including a layer of one or more photochromic materials, on a non-planar surface of a substrate. However, in a similar field of endeavor, Biver teaches a method (fig. 1-3) comprising, forming a first eyepiece (3a) and a second eyepiece (3b), wherein, the first (3a) and second (3b) eyepiece each comprise an optical device having, a first dimmable element (shell 5), including a layer of one or more photochromic materials, on a non-planar surface of a substrate (¶124, the shells 4, 5 may be colored, photochromic and/or polarized), that is disposed on a non-planar surface of a substrate (shown in fig. 2B is non-planar). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the method of Takagi with forming a first eyepiece and a second eyepiece, wherein, the first and second eyepiece each comprise an optical device having, a first dimmable element, including a layer of one or more photochromic materials, on a non-planar surface of a substrate of Biver, for the purpose of the overall features improving aesthetic and the wearer comfort (¶103).
Regarding claim 18, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches, further comprising, forming or applying the layer of one or more photochromic materials (81b) on a substrate (81a; ¶55).
Regarding claim 19, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches further comprising, molding a substrate (81a) in the presence of the one or more photochromic materials (81b; ¶55).
Regarding claim 20, Takagi in view of Biver teaches the invention as set forth above and Takagi further teaches a photochromic material 81 and ¶55, guest host liquid crystal element ¶60, and substrate 81a but does not specifically teach wherein the one or more photochromic materials are coupled with guest host liquid crystal materials prior to molding the substrate. It would have been an obvious matter of design choice to have the step of wherein the one or more photochromic materials are coupled with guest host liquid crystal materials prior to molding the substrate, since applicant has not disclosed that the step solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with a different order.
Regarding claim 21, Takagi in view of Biver teaches the invention as set forth above and Biver further teaches the one or more photochromic materials (¶124, shells 4,5 may be photochromic) is configured to be embedded in the substrate including the non-planar surface (shown in fig. 2B is non-planar, it is curved). Motivation to combine is the same as in claim 1.
Regarding claim 22, Takagi in view of Biver teaches the invention as set forth above and Biver further teaches embedding the layer of one or more photochromic materials (¶124, shells 4,5 may be photochromic) within the substrate including the non-planar surface (shown in fig. 2B is non-planar, it is curved). Motivation to combine is the same as in claim 1.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Takagi et al. (US 20180246327) in view of Biver et al. (US 20240045298) as applied to claim 1 above and further in view of Quiroga et al. (US 20160377886).
Regarding claim 14, Takagi in view of Biver teaches the invention as set forth above but does not specifically teach a layer of an infrared filter optically coupled with the first dimmable element to reduce infrared light provided to the layer of one or more photochromic materials. However, in a similar field of endeavor, Quiroga teaches the optical device (¶46), further comprising, a layer of an infrared filter optically coupled with the first dimmable element to reduce infrared light provided to the layer of one or more photochromic materials (¶46, element 20 and/or its surfaces 201 and 202 may comprise other features incorporated on, in or with any of these surface or the element, such as films, layers, inserts, coatings, passive dyes, photochromic dyes … infrared filters, alignment mechanism and other discrete or continuous features). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the optical device of Takagi in view of Biver with a layer of an infrared filter optically coupled with the first dimmable element to reduce infrared light provided to the layer of one or more photochromic materials of Quiroga, for the purpose of controlling the transmitting light to the eye (¶41).
Conclusion
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/HENRY DUONG/Primary Patent Examiner, Art Unit 2872 01/09/26