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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/13/2026 has been entered.
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.
Claim(s) 1-8 and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Patel et al. (USP 10831061, Patel) in view of Kim et al. (US Pub. 20080186738, Kim).
As per claim 1, Patel teaches (in figures 1-2 and 7-8) an optical eye glasses lens device (head mounted display 100 includes optics including lenses for each eye separately as taught in Col. 3 lines 55-56) for eye protection (covers eye’s and therefore offers protection) comprising: an optical substrate (lightguide 725 and extraction layer 780 which may be a single layer by providing concave or convex dome structures on the extraction side 729 of the lightguide 725, see Col. 6 lines 3-9) of eyeglasses lens device having a first surface (upper surface of light guide 725/extraction layer 780) and a second surface (lower surface of light guide 725), with rays or a beam of light capable of penetrating through the first and second surfaces of the optical substrate of eyeglasses lens device.
Patel does not teach at least one optical thin film provided on the first surface or the second surface of the optical substrate of eyeglasses lens device; at least one optical polarization layer provided on a predetermined surface of the optical thin film, with the ray or the beam of light capable of penetrating through the optical polarization layer; and at least one miniature surface structure formed on the optical polarization layer to form a miniature-structure polarization grating which provides an optical polarization characteristic; wherein a polarization effect of the ray or the beam of light is generated on wearer's eyes while penetrating through the miniature-structured polarization grating.
However, Kim teaches (in figures 3-4B and 8A-8B) providing an optical thin film (third layer 170) on a first surface (upper surface of first layer 130) of an optical substrate (first layer 130 which is a light guide plate, see paragraph 27); and at least one optical polarization layer (lower prisms of 170) provided on a predetermined surface of the optical thin film (shown as the dashed line in the annotated figure below), with the ray or the beam of light capable of penetrating through the optical polarization layer; and at least one miniature surface structure (singular prism of the lower prisms of 170) formed on the optical polarization layer to form a miniature-structure polarization grating (lower prisms of 170) which provides an optical polarization characteristic; wherein a polarization effect of the ray or the beam of light is generated on user's eyes while penetrating through the miniature-structured polarization grating (see paragraphs 34-35).
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It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the optical thin film from Kim on the optical substrate of Patel.
The motivation would have been to provide a display with improved brightness and light use efficiency as taught by Kim (paragraphs 8 and 12).
As per claim 2, Patel in view of Kim teaches that the optical thin film (170 from Kim) is selected from a single-layer optical thin film or a multiple-complex-layer optical substrate (single layer see figure 3 and paragraph 41 of Kim).
As per claim 3, Patel in view of Kim teaches that the miniature surface structure is selected from a sawtooth-shaped miniature structure, a wavy-shaped miniature structure, a groove-shaped miniature structure, a concave-shaped miniature structure, a prism-shaped miniature structure, a convex-shaped miniature structure and combinations thereof (see figure 3 of Kim).
As per claim 4, Patel in view of Kim teaches that the miniature surface structure is formed from a predetermined pattern (see figures and paragraphs 41-42 of Kim).
As per claim 5, Patel in view of Kim teaches that the predetermined pattern is selected from a plurality of concentric rings, a plurality of railings, a plurality of letters and combinations thereof (railings, see figures and paragraphs 41-42 of Kim).
As per claim 6, Patel in view of Kim teaches that the optical substrate (light guide 725/extraction layer 780 in Patel) of eyeglasses lens device and the optical thin film (170 from Kim) are combined to form as a single-layer optical substrate (see figures and paragraphs 41-42 in Kim).
As per claim 7, Patel in view of Kim teaches that the miniature surface structure (singular prism of the lower prisms of 170 from Kim) is selected from a regular-distributed miniature surface structure or an irregular-distributed miniature surface structure which is protruded from the predetermined surface of the optical thin film (see figures 3A-4B and paragraph 27 in Kim).
As per claim 8, Patel in view of Kim teaches that the optical thin film (170 from Kim) is formed as a protective layer to protect the first surface of the optical substrate (upper surface of light guide 725/extraction layer 780 in Patel corresponding to 130 in Kim) of eyeglasses lens device.
Regarding the functional limitation “the optical thin film is formed as a protective layer to protect the first surface or the second surface of the optical substrate” since the structure of the device of Patel in view of Kim is identical to the claimed structure, the device of Patel in view of Kim is considered to be as capable of performing the function as the claimed invention, absent any claimed structural difference. See MPEP § 2114 I & II, "While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function... A claim containing a 'recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus' if the prior art apparatus teaches all the structural limitations of the claim.” in the instant case, the optical thin film (170) of Kim covers the upper surface of the optical substrate (upper surface of light guide 725/extraction layer 780 in Patel corresponding to 130 in Kim) and therefore capable of performing the recited function.
As per claim 11, Patel teaches (in figures 1-2 and 7-8) a method for an optical eye glasses lens device (head mounted display 100 includes optics including lenses for each eye separately as taught in Col. 3 lines 55-56)for eye protection (covers eye’s and therefore offers protection) comprising: providing a first surface (upper surface of light guide 725/extraction layer 780) and a second surface (lower surface of light guide 725) on an optical substrate (lightguide 725 and extraction layer 780 which may be a single layer by providing concave or convex dome structures on the extraction side 729 of the lightguide 725, see Col. 6 lines 3-9) of eyeglasses lens device through which rays or a beam of light to penetrate.
Patel does not teach providing at least one optical thin film on the first surface or the second surface of the optical substrate of eyeglasses lens device; providing at least one optical polarization layer on a predetermined surface of the optical thin film of the optical substrate of eyeglasses lens device, with the ray or the beam of light capable of penetrating through the optical polarization layer; utilizing a tool to physically form at least one miniature surface structure on the optical polarization layer to form a miniature-structure polarization grating which provides an optical polarization characteristic; and generating a polarization effect of the ray or the beam of light on wearer's eyes while penetrating through the miniature-structured polarization grating of the optical thin film.
However, Kim teaches (in figures 3-4B and 8A-8B) providing an optical thin film (third layer 170) on a first surface (upper surface of first layer 130) of an optical substrate (first layer 130 which is a light guide plate, see paragraph 27); and at least one optical polarization layer (lower prisms of 170) provided on a predetermined surface of the optical thin film (shown as the dashed line in the annotated figure below), with the ray or the beam of light capable of penetrating through the optical polarization layer; utilizing a tool (P, S1, and S2) to physically form at least one miniature surface structure (singular prism of the lower prisms of 170) on the optical polarization layer to form a miniature-structure polarization grating (lower prisms of 170) which provides an optical polarization characteristic and generating a polarization effect of the ray or the beam of light on user's eyes while penetrating through the miniature-structured polarization grating of the optical thin film (see paragraphs 34-35).
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It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the optical thin film from Kim on the optical substrate of Patel.
The motivation would have been to provide a display with improved brightness and light use efficiency as taught by Kim (paragraphs 8 and 12).
As per claim 12, Patel in view of Kim teaches that the optical thin film (170 from Kim) is selected from a single-layer optical thin film or a multiple-complex-layer optical substrate (single layer see figure 3 and paragraph 41 of Kim).
As per claim 13, Patel in view of Kim teaches that the miniature surface structure is selected from a sawtooth-shaped miniature structure, a wavy-shaped miniature structure, a groove-shaped miniature structure, a concave-shaped miniature structure, a prism-shaped miniature structure, a convex-shaped miniature structure and combinations thereof (see figure 3 of Kim).
As per claim 14, Patel in view of Kim teaches that the miniature surface structure is formed from a predetermined pattern (see figures and paragraphs 41-42 of Kim).
As per claim 15, Patel in view of Kim teaches that the predetermined pattern is selected from a plurality of concentric rings, a plurality of railings, a plurality of letters and combinations thereof (railings, see figures and paragraphs 41-42 of Kim).
As per claim 16, Patel in view of Kim teaches that the optical substrate (light guide 725/extraction layer 780 in Patel) of eyeglasses lens device and the optical thin film (170 from Kim) are combined to form as a single-layer optical substrate (see figures and paragraphs 41-42 in Kim).
As per claim 17, Patel in view of Kim teaches that the miniature surface structure (singular prism of the lower prisms of 170 from Kim) is selected from a regular-distributed miniature surface structure or an irregular-distributed miniature surface structure which is protruded from the predetermined surface of the optical thin film (see figures 3A-4B and paragraph 27 in Kim).
As per claim 18, Patel in view of Kim teaches that the optical thin film (170 from Kim) is formed as a protective layer to protect the first surface of the optical substrate (upper surface of light guide 725/extraction layer 780 in Patel corresponding to 130 in Kim) of eyeglasses lens device (the optical thin film 170 covers the upper surface of the optical substrate 130 and therefore protects the upper surface 130).
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.
Claim(s) 1, 9-11 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Patel et al. (USP 10831061, Patel) in view of Kim et al. (US Pub. 20080186738, Kim) and Wu et al. (US Pub. 20090324890, Wu).
As per claim 1, Patel teaches (in figures 1-2 and 7-8) an optical eye glasses lens device (head mounted display 100 includes optics including lenses for each eye separately as taught in Col. 3 lines 55-56) for eye protection (covers eye’s and therefore offers protection) comprising: a light guide plate (lightguide 725 and extraction layer 780 which may be a single layer by providing concave or convex dome structures on the extraction side 729 of the lightguide 725, see Col. 6 lines 3-9).
Patel does not teach an optical substrate of eyeglasses lens device having a first surface and a second surface, with rays or a beam of light capable of penetrating through the first and second surfaces of the optical substrate of eyeglasses lens device; at least one optical thin film provided on the first surface or the second surface of the optical substrate of eyeglasses lens device; at least one optical polarization layer provided on a predetermined surface of the optical thin film, with the ray or the beam of light capable of penetrating through the optical polarization layer; and at least one miniature surface structure formed on the optical polarization layer to form a miniature-structure polarization grating which provides an optical polarization characteristic; wherein a polarization effect of the ray or the beam of light is generated on wearer's eyes while penetrating through the miniature-structured polarization grating.
However, Kim teaches (in figures 3-4B and 8A-8B) providing a polarization film (170) on an upper surface of a light guide plate, the polarization film comprising: an optical layer (portion of 170 shown as R1 in the annotated figures below) having a first surface (upper surface of the portion of 170 shown as R1 in the annotated figures below) and a second surface (lower surface of the portion of 170 shown as R1 in the annotated figures below), with rays or a beam of light capable of penetrating through the first and second surfaces of the optical layer; at least one optical pattern layer (lower prisms of 170) provided the second surface of the optical layer; at least one optical polarization layer (lower prisms of 170) provided on a predetermined surface of the optical pattern layer (surface of lower prisms which contacts R1 as shown in the annotated figure below), with the ray or the beam of light capable of penetrating through the optical polarization layer; and at least one miniature surface structure (singular prism of the lower prisms of 170) formed on the optical polarization layer to form a miniature-structure polarization grating (lower prisms of 170) which provides an optical polarization characteristic; wherein a polarization effect of the ray or the beam of light is generated while penetrating through the miniature-structured polarization grating (see paragraphs 34-35) wherein a polarization effect of the ray or the beam of light is generated on user's eyes while penetrating through the miniature-structured polarization grating.
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Wu teaches that forming a microstructured layer by first coating a thin film on an optical substrate and then embossing the thin film such that the microstructured layer comprises multiple layers is an art recognized equivalent method/arrangement to directly embossing an optical substrate such that the microstructured layer is unibody, for the purpose of providing the desirable optical properties (paragraph 30).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the polarization film from Kim on the light guide plate of Patel in order to improved brightness and light use efficiency as taught by Kim (paragraphs 8 and 12) and to form polarization film as embossed thin films on an optical substrate since such an arrangement was an art-recognized equivalent before the effective filing date of the claimed invention.
As per claim 9, Patel in view of Kim and Wu teaches that the miniature surface structure (lower prisms of 170 from Kim formed from a thin film as suggested by Wu) penetrates through the optical thin film to form a plurality of through-hole structures (areas between prisms 170 from Kim).
As per claim 10, Patel in view of Kim and Wu teaches another optical polarization layer (prisms 173 from Kim formed from a separate thin film from the modification by Wu) of a separate optical thin film further provided on the second surface of the optical substrate (upper surface of R1 in the annotated figure above under the modification by Wu) of eyeglasses lens device to form a double-sided optical polarization substrate.
As per claim 11, Patel teaches (in figures 1-2 and 7-8) a method for an optical eye glasses lens device (head mounted display 100 includes optics including lenses for each eye separately as taught in Col. 3 lines 55-56) for eye protection (covers eye’s and therefore offers protection) comprising: providing a light guide plate (lightguide 725 and extraction layer 780 which may be a single layer by providing concave or convex dome structures on the extraction side 729 of the lightguide 725, see Col. 6 lines 3-9).
Patel does not teach providing a first surface and a second surface on an optical substrate of eyeglasses lens device through which rays or a beam of light to penetrate; providing at least one optical thin film on the first surface or the second surface of the optical substrate of eyeglasses lens device; providing at least one optical polarization layer on a predetermined surface of the optical thin film of the optical substrate of eyeglasses lens device, with the ray or the beam of light capable of penetrating through the optical polarization layer; utilizing a tool to physically form at least one miniature surface structure on the optical polarization layer to form a miniature-structure polarization grating which provides an optical polarization characteristic; and generating a polarization effect of the ray or the beam of light on wearer's eyes while penetrating through the miniature-structured polarization grating of the optical thin film.
However, Kim teaches (in figures 3-4B and 8A-8B) providing a polarization film (170) on an upper surface of a light guide plate, the polarization film comprising: a first surface (upper surface of the portion of 170 shown as R1 in the annotated figures below) and a second surface (lower surface of the portion of 170 shown as R1 in the annotated figures below) of an optical layer (portion of 170 shown as R1 in the annotated figures below) through which rays or a beam of light to penetrate; providing at least one optical pattern layer (lower prisms of 170) on the first surface or the second surface of the optical layer; providing at least one optical polarization layer (lower prisms of 170) on a predetermined surface of the optical layer (lower surface of R1 as shown in the annotated figure above), with the ray or the beam of light capable of penetrating through the optical polarization layer; utilizing a tool (P, S1, and S2) to physically form at least one miniature surface structure (singular prism of the lower prisms of 170) on the optical polarization layer to form a miniature-structure polarization grating (lower prisms of 170) which provides an optical polarization characteristic; and generating a polarization effect of the ray or the beam of light on user’s eyes while penetrating through the miniature-structured polarization grating of the optical thin film (see paragraphs 34-35).
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Wu teaches that forming a microstructured layer by first coating a thin film on an optical substrate and then embossing the thin film such that the microstructured layer comprises multiple layers is an art recognized equivalent method/arrangement to directly embossing an optical substrate such that the microstructured layer is unibody, for the purpose of providing the desirable optical properties (paragraph 30).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the polarization film from Kim on the light guide plate of Patel in order to improved brightness and light use efficiency as taught by Kim (paragraphs 8 and 12) and to form polarization film as embossed thin films on an optical substrate since such an arrangement was an art-recognized equivalent before the effective filing date of the claimed invention.
As per claim 19, Patel in view of Kim and Wu teaches that the miniature surface structure (lower prisms of 170 from Kim formed from a thin film as suggested by Wu) penetrates through the optical thin film to form a plurality of through-hole structures (areas between prisms 170 from Kim).
As per claim 20, Patel in view of Kim and Wu teaches another optical polarization layer (prisms 173 from Kim formed from a separate thin film from the modification by Wu) of a separate optical thin film further provided on the second surface of the optical substrate (upper surface of R1 in the annotated figure above under the modification by Wu) of eyeglasses lens device to form a double-sided optical polarization substrate.
Response to Arguments
Applicant's arguments filed 04/13/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the optical eye glasses lens device is transparent allowing light from the environment to enter the eyes of the wearer such that they can perceive the outside world) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In the instant case, the current claim language only requires that the device be optical eye glasses and places no requirement on the transparency of the device and as shown above, Patel teaches in Col. 3 lines 55-56 that head mounted display 100 includes optics including lenses for each eye separately and is therefore considered to be an optical eye glasses lens device. Additionally, it is noted that the argued limitation is recited in the preamble and is a recitation of intended use and therefore given limited patentable weight. Applicant’s argument is therefore unpersuasive and the rejection is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER P GROSS whose telephone number is (571)272-5660. The examiner can normally be reached Monday-Friday 9am-6pm EST.
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/ALEXANDER P GROSS/ Primary Examiner, Art Unit 2871
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