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 .
Information Disclosure Statement
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated 11/13/2025 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, and 5-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi (10509227).
Regarding claim 1, Shi discloses (see at least Fig 1, Col 3, line 61-Col 5, line 39) an optical system (Fig 1, HUD device) comprising: an image projector for projecting a collimated image light comprising an image (Col 1, lines 33-38, HUD system is a single-layer virtual image display system which projects the information as characters), the image projector (Col 1, lines 33-38) comprising: at least one light source (5) emitting collimated light (Col 4, line 27-33); a first reflective polarizer (1) receiving the collimated emitted light at a first incident angle (Fig 1) and reflecting at least a portion of the emitted light as a first reflected light (Fig 1, Col 7, line 1-8); and a spatial light modulator (2) comprising a plurality of pixels for forming the image (Col 4, line 47-53, image to be displayed may be converted into a first image signal and a second image signal by the image conversion device), the spatial light modulator (2) receiving the first reflected light at a second incident angle and transmitting at least a portion of the first reflected light as at least a portion of the collimated projected image light comprising the image (Fig 1, Col 5, line 18-27, display image generator 2 and the second display image generator 3 are arranged in mirror image with respect to the first polarizing beam splitter 8), the projected image light having a first polarization state (Fig 1 shows light incident from beam splitter 1); a first mirror (91) receiving the collimated projected image light at a third incident angle (Fig 1, 91) and reflecting at least a portion of the projected image light as a second reflected image light comprising the image (Fig 1 shows image reflected from 91 to 92); and a second mirror (92) receiving the second reflected image light comprising the image at a fourth incident angle (Fig 1) and reflecting at least a portion of the second reflected image light as a third reflected image light comprising the image for viewing by a viewer (Fig 1, Col 5, line 32-39), wherein: the at least one light source (5) and the spatial light modulator (2) are disposed on a same side of the first reflective polarizer (Fig 1 shows the light source on the same side as the spatial light modulator and first beam splitter); the first incident angle is greater than 30 degrees (Fig 1 shows an incident angle of 45° and within the claimed range); and the second incident angle is greater than 5 degrees (Fig 1 shows an incident angle of 90° and within the claimed range).
Regarding claim 2, Shi discloses further comprising a windshield of a vehicle, the windshield configured to receive the third reflected image light and reflect a portion of the received image toward the viewer such that the viewer can see a virtual image of the reflected image (Col 5, lines 48-52).
Regarding claim 5, Shi discloses wherein a divergence angle of the collimated light emitted by the at least one light source is less than 10 degrees (Fig 1 shows the light divergence from each beam splitter to be less than 10 degrees and close to 0 degrees and within the claimed range).
Regarding claim 6, Shi discloses wherein the third incident angle is between 20 to 60 degrees (Fig 1 shows an incident angle of 45° and within the claimed range), and the fourth incident angle is between 20 to 60 degrees (Fig 1 shows an incident angle of 45° and within the claimed range).
Regarding claim 7, Shi discloses wherein the first incident angle is greater than 35 degrees (Fig 1 shows an incident angle of 45° and within the claimed range), and the second incident angle is greater than 10 degrees (Fig 1 shows an incident angle of 45° and within the claimed range).
Regarding claim 8, Shi discloses (see at least Fig 1, Col 3, line 61-Col 5, line 39) a heads up display (HUD) (Fig 1, HUD device) for forming a virtual image of a projected image for viewing by an occupant of a vehicle (Fig 1, Col 4, lines 22-26), the HUD comprising: an image projector for projecting an image light comprising (Col 1, lines 33-38, HUD system is a single-layer virtual image display system which projects the information as characters), the image (Col 1, lines 33-38) comprising: at least one light source (5) emitting collimated light (Col 4, line 27-33); a first reflective polarizer (1) receiving the collimated emitted light at a first incident angle (Fig 1) and reflecting at least a portion of the emitted light as a first reflected light (Fig 1, Col 7, line 1-8); and a spatial light modulator (2) comprising a plurality of pixels for forming the image (Col 4, line 47-53, image to be displayed may be converted into a first image signal and a second image signal by the image conversion device), the spatial light modulator (2) receiving the first reflected light at a second incident angle and transmitting at least a portion of the first reflected light as at least a portion of the collimated projected image light comprising the image (Fig 1, Col 5, line 18-27, display image generator 2 and the second display image generator 3 are arranged in mirror image with respect to the first polarizing beam splitter 8), the projected image light having a first polarization state (Fig 1 shows light incident from beam splitter 1), the image projector centered on a first folded optical axis extending from the at least one light source to the spatial light modulator and comprising a first fold angle greater than 30 degrees (Fig 1 shows one fold axis to be 90° and within the claimed range); and projection optics for projecting and forming the virtual image of the projected image, the projection optics comprising: a first mirror (91) receiving the collimated projected image light at a third incident angle (Fig 1, 91) and reflecting at least a portion of the projected image light as a second reflected image light comprising the image (Fig 1 shows image reflected from 91 to 92); and a second mirror (92) receiving the second reflected image light comprising the image at a fourth incident angle (Fig 1) and reflecting at least a portion of the second reflected image light as a third reflected image light comprising the image for viewing by a viewer (Fig 1, Col 5, line 32-39); and a windshield of the vehicle (Col 5, line 48-52), the windshield configured to receive the third reflected image light and reflect a portion of the received image toward the viewer such that the viewer can see the virtual image of the reflected image (Col 5, lines 48-52), wherein the image projector is centered on a second folded optical axis extending from the spatial light modulator to at least the windshield and comprising a second fold angle greater than 90 degrees (Fig 1 shows the angle between the light entering and exiting the SLM and the light traversing to windshield appears to be 90° and within the claimed range).
Allowable Subject Matter
Claims 3, 4, 9, and 10 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 a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Specifically, with respect to dependent claim 3, the prior art of Shi taken either singly or in combination with any other prior art fails to suggest such an optical system comprising: “wherein the image projector comprises the first reflective polarizer disposed between the at least one light source and a third mirror, such that the first reflective polarizer reflects a portion of the emitted light as the first reflected light having the first polarization state and transmits a portion of the emitted light as a first transmitted light having an orthogonal second polarization state, the third mirror receives the first transmitted light at a fifth incident angle and reflects at least a portion of the first transmitted light as a fourth reflected light, the spatial light modulator receives: the first reflected light at the second incident angle and transmits at least a portion of the first reflected light as a collimated first projected image light comprising at least a first portion of the image and having the first polarization state; and the fourth reflected light at a sixth incident angle and transmits at least a portion of the fourth reflected light as a collimated second projected image light comprising at least a second portion of the image and having the first polarization state, the first and second projected image lights combine to form the collimated projected image light comprising the image and having the first polarization state”. Claim 4 is allowable due to pendency on dependent claim 3.
Specifically, with respect to dependent claim 9, the prior art of Shi taken either singly or in combination with any other prior art fails to suggest such a heads up display (HUD) comprising: “wherein for a normally incident light and a visible range extending from 420 nm to 680 nm, the first reflective polarizer has an average reflectance of greater than 70%for a first polarization state and an average transmittance of greater than 70% for an orthogonal second polarization state”.
Specifically, with respect to dependent claim 10, the prior art of Shi taken either singly or in combination with any other prior art fails to suggest such a heads up display (HUD) comprising: “wherein the image projector comprises the first reflective polarizer disposed between the at least one light source and a third mirror, such that the first reflective polarizer reflects a portion of the emitted light as the first reflected light having the first polarization state and transmits a portion of the emitted light as a first transmitted light having an orthogonal second polarization state, the third mirror receives the first transmitted light at a fifth incident angle and reflects at least a portion of the first transmitted light as a fourth reflected light, the spatial light modulator receives: the first reflected light at the second incident angle and transmits at least a portion of the first reflected light as a collimated first projected image light comprising at least a first portion of the image and having the first polarization state; and the fourth reflected light at a sixth incident angle and transmits at least a portion of the fourth reflected light as a collimated second projected image light comprising at least a second portion of the image and having the first polarization state, the first and second projected image lights combine to form the collimated projected image light comprising the image and having the first polarization state”.
Response to Arguments
Applicant's arguments filed 10/21/2025 have been fully considered but they are not persuasive.
Applicant argues that the prior art Shi does not, in fact, receive the first reflected light from the first reflective polarizer, but receives it instead from a first reflector as shown by Shi in Fig 1. Applicant acknowledged that the prior art Shi includes multiple other components within an optical system. It should be noted that the singular elements recited by the claims are not required by Applicant’s claim language to be exclusive. The preamble word “comprising” is open-ended and thus does not require the exclusivity of the recited elements, but allows the reference or combination of references to contain other elements as well. Additionally, “[t]he word ‘comprising’ transitioning from the preamble to the body signals that the entire claim is presumptively open-ended.” In Gillette Co. v. Energizer Holdings Inc., 405 F.3d 1367, 74 USPQ2d 1586 (Fed. Cir. 2005). See also Mars Inc. v. H.J. Heinz Co., 377 F.3d 1369, 1376, 71 USPQ2d 1837, 1843 (Fed. Cir. 2004) (“like the term comprising,’ the terms containing’ and mixture’ are open-ended.”), Invitrogen Corp. v. Biocrest Mfg., L.P., 327 F.3d 1364, 1368, 66 USPQ2d 1631, 1634 (Fed. Cir. 2003) (“The transition comprising’ in a method claim indicates that the claim is open-ended and allows for additional steps.”); Genentech, Inc. v. Chiron Corp., 112 F.3d 495, 501, 42 USPQ2d 1608, 1613 (Fed. Cir. 1997). (MPEP §2111.02.). It is noted that the image generators within Shi are disclosed to be liquid crystal display panels, and may also be, for example, TN (Twisted Nematic) panels, IPS (In-Plane Switching) panels, CPA (Continuous Flaming Arrangement) panels, or the like, which does not teach away from the use of a spatial light modulator. The prior art of Shi discloses that each image generator comprises pixel units that modulate and control the passage of light within the display unit. Additionally, the limitations of the claims were identified and correlated with the references as indicated above and in the first office action on the merits. Applicant has merely made the allegation that the limitations are not met, and thus has not provided any evidence or argument directed to how the identified elements in the first action fail to meet the claimed limitations or to how the identified elements are otherwise distinguishable from the claimed limitations as is required.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sharrief I Broome whose telephone number is (571)272-3454. The examiner can normally be reached Monday-Friday 8am-5pm, EST.
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Sharrief I. Broome
Primary Examiner
Art Unit 2872
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872