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 .
Response to Amendment and Arguments
The amendment filed 08/04/2025 has been entered. Claims 1-4, 6-10, 12, and 14-15 are currently pending in this application.
Applicant’s arguments, see Pages 5-8, filed 08/04/2025, with respect to the claim(s) 1-4, 6-10, 12, and 14-15 have been fully considered but they are not persuasive. Applicant states "…Support for these amendments can be found in the specification as filed, and in particular, in paragraph [0044]. The dependent claims have been amended to maintain consistency with claim 1. No new matter has been added…". Examiner respectfully disagrees. As explicitly stated in the paragraph [0044] of the application, the electronic corrections is applied to an SLM (spatial light modulator). None of the originally filed specification states that the SLM (spatial light modulator), which the electronic corrections is applied to, is an image generator of the POD. Therefore, the claim limitation of “a chromatic aberration introduced by the FOV expansion device is mitigated by electronic corrections applied to an image generator of the POD” in claim 1 is not supported by the originally filed disclosure.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 4 AND line 6, "an image" should read - -the image- -
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4, 6-10, 12, and 14-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the limitation of “a chromatic aberration introduced by the FOV expansion device is mitigated by electronic corrections applied to an image generator of the POD” in amended Claim 1, Lines 27-28 is not described in the specification at the time the application was filed. As explicitly stated in the paragraph [0044] of the application, the electronic corrections is applied to an SLM (spatial light modulator). None of the originally filed specification states that the SLM (spatial light modulator), which the electronic corrections is applied to, is an image generator of the POD. Therefore, the claim limitation of “a chromatic aberration introduced by the FOV expansion device is mitigated by electronic corrections applied to an image generator of the POD” in claim 1 is not supported by the originally filed disclosure. This is a new matter rejection.
Dependent claims 2-4, 6-10, 12, and 14-15 would be rejected by virtue of their dependency.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/SHAN LIU/Primary Examiner, Art Unit 2871