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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/17/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
Claim(s) 1-11 and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nicholson (US 20210109353) herein after referred to as D1, and further in view of Bodiya (US 20210063672) herein after referred to as D2.
With regard to claim 1, D1 teaches a system, in at least (Figure 2) comprising: a display device (132, display modulator) comprising a spatial light modulator ([0041]; teaches 132, display modulator, modulates laser light to form a virtual image) configured to output spatially modulated light ([0041]; teaches 132, display modulator, modulates laser light to form a virtual image) to form an image; a waveguide pupil expander (204, lightguide) configured to receive spatially modulated light ([0041]; teaches 132, display modulator, modulates laser light to form a virtual image) from the display device (132, display modulator) at an input port thereof (208, in-coupler) and to expand a viewing window of the system (at least 228, exit pupil expander); and a controller (152) (at least 172, laser safety circuit) configured to respond to a signal that indicates a breakage of the waveguide pupil expander (204, lightguide) comprises a breakage that permanently compromises at least one of structural or functional integrity of the waveguide pupil expander ([0055] teaches breaks in optical paths may occur if fractures develop in the lightguide; Examiner notes a fracture in the lightguide is considered to permanently compromise the structural and functional integrity of the lightguide).
D1 fails to teach the breakage of the waveguide pupil expander is the breakage of the glass of the waveguide pupil expander.
D2 discloses a system, in at least ( fig. 1 and 2); comprising a glass waveguide ([0025] teaches 104, lightguide, may be plastic or glass).
It would have been obvious for a person having ordinary skill in the art to have a glass waveguide as disclosed by D2 in the system disclosed by D1, for the purpose of clarifying that breakage can permanently compromise the structural or functional integrity of the expander.
With regard to claim 2, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical system, in at least one of (Fig. 2) wherein the controller (152) is configured to control the spatially modulated light ([0041]; teaches 132, display modulator, modulates laser light to form a virtual image) in response to the signal to prevent further emission of spatially modulated light ([0041]; teaches 132, display modulator, modulates laser light to form a virtual image).
With regard to claim 3, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 2, wherein D1 further teaches an optical system, in at least one of (Fig. 2) wherein the controller (152) is configured to control a light source (116) of the display device (132, display modulator) in response to the signal to reduce ([0009]; Reduce or shut off a supply of electrical power from the power source to the laser module) a drive signal of the light source (116) or switch off the light source (116)
With regard to claim 4, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical system, in at least one of (Fig. 2); further comprising configured to monitor a viewer's face to detect stray light ([0049]; stray light from the perimeter) incident thereon, and to provide the signal to the controller upon detection thereof.
However, D1 does not expressly disclose an optical system, further comprising a viewer tracking system,
In a related endeavor, D2 teaches an optical system, in at least (figs. 1 and 2); further comprising a viewer tracking system ([0472]; detection of the position of the wearer's eyes, and [0658]; maintain individual user calibrations).
It would have been obvious for a person having ordinary skill in the art to have a glass waveguide as disclosed by D2 in the system disclosed by D1, for the purpose of including user tracking systems to better calibrate the invention.
With regard to claim 5, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 4, wherein D1 further teaches an optical system, in at least one of (Fig. 2); comprises a light detector ([0046]; photodetector) directed at the viewer's face to detect stray visible light ([0049]; stray light from the perimeter).
However, D1 does not expressly disclose an optical system, further comprising a viewer tracking system.
In a related endeavor, D2 teaches an optical system, in at least (figs. 1 and 2); further comprising a viewer tracking system ([0472]; detection of the position of the wearer's eyes, and [0658]; maintain individual user calibrations).
It would have been obvious for a person having ordinary skill in the art to have a glass waveguide as disclosed by D2 in the system disclosed by D1, for the purpose of including user tracking systems to better calibrate the invention.
With regard to claim 6, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 5, wherein D1 further teaches an optical system, in at least one of (Fig. 2) wherein the stray visible light ([0049]; stray light from the perimeter) ([0658]; the contrast may be regulated as a function of at least one of stray light ([0049]; stray light from the perimeter) ([0658]; the contrast may be regulated as a function of at least one of stray light ([0049]; stray light from the perimeter) is visible laser light of a projection system comprising the display device (132, display modulator) and the waveguide pupil expander (204, lightguide).
With regard to claim 7, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 5, wherein D1 further teaches an optical system, in at least one of (Fig. 2) wherein the viewer tracking system ([0658]; maintain individual user calibrations) comprises an infrared light source ([0075]; using infrared light) configured to periodically illuminate the viewer's face and the light detector ([0046]; photodetector) is configured to detect stray infrared light, wherein the light detector ([0046]; photodetector) is configured to detect light of infrared and visible wavelengths ([[0076]; low power visible light may be used as the test light so as to minimize visibility of the test light to the user. There is the possibility of using infrared as the test light, which would be invisible to the eye).
However, D1 does not expressly disclose an optical system, further comprising a viewer tracking system.
In a related endeavor, D2 teaches an optical system, in at least (figs. 1 and 2); further comprising a viewer tracking system ([0472]; detection of the position of the wearer's eyes, and [0658]; maintain individual user calibrations).
It would have been obvious for a person having ordinary skill in the art to have a glass waveguide as disclosed by D2 in the system disclosed by D1, for the purpose of including user tracking systems to better calibrate the invention.
With regard to claim 8, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical system, in at least one of (Fig. 2) wherein the waveguide pupil expander (204, lightguide) is further configured so that a first fully reflective surface thereof can be mounted to, or is integrated with, a component (100) configured to absorb any impact to reduce a risk of shattering of the glass ([0004]).
With regard to claim 9, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 8, wherein D1 further teaches an optical system, in at least one of (Fig. 2) wherein the component configured to absorb any impact comprises metal to improve thermal stability ([0033]; one skilled in the relevant art will recognize that embodiments may be practiced without one or more of these specific details, or with other methods, components, materials, etc).
With regard to claim 10, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical system, in at least one of (Fig. 2) further comprising a light detecting system ([0049]; stray light from the perimeter) configured to monitor scattered light ([0049]).
With regard to claim 11, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 10, wherein D1 further teaches an optical system, in at least one of (Fig. 2) wherein the light detecting system ([0049]; stray light from the perimeter) is configured to detect scattered light ([0049]; stray light from the perimeter) from one or more of: the waveguide pupil expander (204, lightguide), optical components (112a and 112b) of the system (100), external reflective components (120a-c, 123a-c, 136 and 140), a windscreen surrounding the system or a mirror (120a-c, 123a-c, 136 and 140) surrounding the system.
With regard to claim 15, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical system, in at least one of (Fig. 2) wherein the waveguide pupil expander (204, lightguide) comprises: a first reflective surface (204, top) that is substantially planar; a second reflective surface (204, bottom) that is substantially planar and that is in parallel with the first reflective surface (204, top); an optically transparent material (204) between the first reflective surface (204, top) and the second reflective surface (204, bottom); an input port (208) configured to receive input light (128); wherein the first reflective surface (204, top) is fully reflective and the second reflective surface (204, bottom) is partially reflective such that input light (128) is guided from the input port (208) to an output port at the second reflective surface by a series of internal reflections ([0039]; TIR); wherein the waveguide pupil expander (204, lightguide) is formed at least in part by a layered glass structure configured to maintain integrity of the waveguide pupil expander (204, lightguide) when breakage of the glass of the waveguide pupil expander (204, lightguide) occurs.
With regard to claim 16, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical system, in at least one of (Fig. 2) comprising a holographic projection system, wherein: the display device (132, display modulator) comprises a spatial light modulator ([0041]; teaches 132, display modulator, modulates laser light to form a virtual image) arranged to display a hologram of the image and to output spatially modulated light ([0041]; teaches 132, display modulator, modulates laser light to form a virtual image) in accordance with a diffractive pattern to form a holographic reconstruction corresponding to the image ([0050]; volume hologram).
With regard to claim 17, D1 teaches a method comprising: displaying, in at least one of (Fig. 2) on a display device (132, display modulator) of a system, a diffractive pattern of an image; outputting, by the display device (132, display modulator), spatially-modulated light to an input port (208) of a waveguide pupil expander (204, lightguide) of the system, wherein the waveguide pupil expander (204, lightguide) comprises an output port (212), and wherein the waveguide pupil expander (204, lightguide) is formed at least in part by glass; guiding, by the waveguide pupil expander (204, lightguide), the spatially-modulated light by a series of internal reflections to the output port (212); outputting, by the waveguide pupil expander (204, lightguide), the spatially-modulated light from the output port (212) to form an image at a viewing window of the system (figs 2); and monitoring, for stray light ([0049]; stray light from the perimeter) incident on a face of a viewer of the image; and in response to detection of stray light ([0049]; stray light from the perimeter) outputting, a signal that indicates a breakage of the glass of the waveguide pupil expander (204, lightguide).
However, D1 does not expressly disclose an optical system, further comprising a viewer tracking system.
In a related endeavor, D2 teaches an optical system, in at least (figs. 1 and 2); further comprising a viewer tracking system ([0472]; detection of the position of the wearer's eyes, and [0658]; maintain individual user calibrations).
It would have been obvious for a person having ordinary skill in the art to have a glass waveguide as disclosed by D2 in the system disclosed by D1, for the purpose of including user tracking systems to better calibrate the invention.
With regard to claim 18, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 17, wherein D1 further teaches an optical system, in at least one of (Fig. 2) wherein the monitoring comprises: providing, illumination of the face of the viewer; and detecting stray light ([0049]; stray light from the perimeter) incident on the face of the viewer.
However, D1 does not expressly disclose an optical system, further comprising a viewer tracking system, illumination of the face of the viewer; and detecting, by the viewer tracking system.
In a related endeavor, D2 teaches an optical system, in at least (figs. 1 and 2); further comprising the viewer tracking system ([0658]; maintain individual user calibrations), illumination of the face of the viewer; and detecting, by the viewer tracking system ([0658]; maintain individual user calibrations).
It would have been obvious for a person having ordinary skill in the art to have a glass waveguide as disclosed by D2 in the system disclosed by D1, for the purpose of including user tracking systems to better calibrate the invention.
With regard to claim 19, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 18, wherein D1 further teaches an optical system, in at least one of (Fig. 2): wherein: the illumination is pulsed illumination, and detecting stray light ([0049]; stray light from the perimeter) on the face of the viewer comprises detecting reflections of stray light ([0049]; stray light from the perimeter) between pulses of the pulsed illumination.
With regard to claim 20, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 17, wherein D1 further teaches an optical system, in at least one of (Fig. 2): further comprising: responding, by a controller (152) of the system, to the signal that indicates the breakage of the glass of the waveguide pupil expander (204, lightguide) by reducing a drive signal to, or turning off, a light source (116) of the display device (132, display modulator).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nicholson (US 20210109353) herein after referred to as D1, and further in view of Bodiya (US 20210063672) herein after referred to as D2. Still further in view of Border (US20130278631) herein after referred to as D3.
With regard to claim 14, D1 in view of D2 teach all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 does not expressly disclose wherein: the waveguide pupil expander is configured to be immersed in a fluid, a high refractive index liquid is provided between the waveguide pupil expander and a cover glass, or an optically clear adhesive at least partially surrounds the waveguide pupil expander.
In a related endeavor, D3 teaches a headset, wherein: the waveguide pupil expander (Fig. 125, 12510) is configured to be immersed in a fluid ([0521]; dipping), a high refractive index liquid is provided between the waveguide pupil expander (204, lightguide) and a cover glass ([0289]; cover glasses), or an optically clear adhesive ([0418]; adhesive layer used to bond the optical film) at least partially surrounds the waveguide pupil expander (Fig. 125, 12510).
Therefore, It would have been obvious for a person having ordinary skill in the art to have a glass waveguide with cover secured by adhesive as disclosed by D2 in the system disclosed by D1, for the purpose of clarifying that breakage can permanently compromise the structural or functional integrity of the expander and such structures can help to mitigate this.
Allowable Subject Matter
Claims 12 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
With regard to claims 12 and 13, the invention is drawn to pupil expander integrity, wherein the closest art of record is, Nicholson (US 20210109353).
However, the instant invention is distinguished from the prior art by the limitation(s): ” further comprising a container of expandable foam configured to release the expandable foam to surround one or more optical components of the system in response to detection of an event,” and “wherein the expandable foam comprises a light absorbing filler material.”
Therefore, the limitations stated above would be in a state of allowance Should the objection be overcome and the stated limitations were to be included in the independent claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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.
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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.
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/GRANT A GAGNON/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872