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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 18, 2025, has been entered.
This Office Action is also in response to applicant’s amendment filed on November 20, 2025, which has been entered into the file.
By this amendment, the applicant has amended claims 1, 13 and 20.
Claims 1, 3, 5-16, and 18-20 remain pending in this application.
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, 3, 5-9, 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over the PCT publication by Hong (WO?2020/147364 reference to the US patent PN. 11,624,915) in view of the patent issued to Faris (PN. 5,264,964) and US patent issued to Morishima et al (PN. 5,875,055).
Claim 1 has been amended to necessitate the new grounds of rejection.
Hong teaches a near-eye display device serves as the display apparatus that is comprised of an image forming device or display portion (11, Figures 1 and 2), configured to provide image light and a polarization conversion portion (12) serves as a polarization controller configured to adjust a polarization state of the image light provided from the image forming device (11), a control unit (17) serves as the processor configured to control the polarization controller based on image information (i.e. left eye image and/or right eye image) to be provided to the user, a polarization beam splitting portion (14) serves as the polarization beam splitter provided in a first optical path where the image light travels the polarization beam splitter is configured to reflect light of a first polarization (such as S polarization state, please see Figure 1) and transmit light of a second polarization (such as P polarization state) that is different from the first polarization, a first curved mirror (521) provided in a second optical path of first image light among the image light reflected from the polarization beam splitter the first curved mirror being configured to focus the first image light on a first virtual image plane (21) at a first depth position and a second curved mirror (522) provided in a third optical path of second image light among the image light passing through the polarization beam splitter, the second curved mirror being configured to focus the second image light on a second virtual image plane (22) at a second depth position, (please see columns 5-11 of reference ‘915).
Claim 1 has been amended to include the phrase “the image information comprises binary depth map information comprising binary depth in which depth information for each pixel of a plurality of pixels of the image light is allocated with either a first depth value or a second depth value that is different from the first depth value, such that the image light is spatially divided into a first image with the first depth value and a second image with the second depth values by the binary depth map information, wherein the processor is further configured to control the polarization controller based on the binary depth map information such that light of a pixel allocated with the first depth value is in a first polarization state and light of a pixel allocated with the second depth value is in a second polarization state and wherein at least one first pixel of the image light is allocated with the first depth value and at least one second pixel of the image light is allocated with the second depth value”.
Hong teaches that the display device is to display a first image information with a first linear polarization at a first depth image plane (31, Figures 1 and 6) and a second image information with a second linear polarization at a second depth image plane (32). This implicitly means that the first image information and second image information each has a different depth value, (read as may be displayed at different depth image plane). The two different depth values constitute the binary depth map. Hong teaches that the display portion (11) may comprise liquid crystal display (please see column 10, lines 37-39) that implicitly means the image information comprise a plurality of pixels and each pixel for the first image implicitly has a first depth value to be projected at first depth image plane and each pixel for the second image implicitly has a second depth value to be projected at second depth image plane. Hong teaches that the control unit (17) or the processor is configured to control the polarization controller or polarization conversion portion (12) to converts or control the polarization of the first image light allocated with the first depth value or to be projected at the first depth image plane with a first polarization state and the second image light allocated with the second depth value or to be projected at the second depth image plane with a second polarization, (please see column 6). At least one first pixel of the first image light is allocated with the first depth value and at least one second pixel of the second image light is allocated with the second depth value.
This reference however does not teach explicitly that the image light is spatially divided into a first image with the first depth value and a second image with the second depth value. However, image map of information with either time sequential arrangement or spatially multiplexed arrangement are both well known in the art. Faris in the same field of endeavor teaches a spatially multiplexed binary information map with a plurality of pixels that comprises a first image with a first depth view value (i.e. left eye view L, Figures 4a) and a second image with a second depth view value (i.e. right eye view R). This means the image light is spatially divided into the first image and the second image.
Faris teaches that the pixels with the first image are associated with a micropolarizer (9) with a first polarization state (P1) and the pixels with the second image are associated with a micropolarizer with a second polarization state (P2). The polarization states however are not controlled by a processor. Switchable polarizer is known in the art as demonstrated by Morishima et al wherein a liquid crystal p-cell (30, Figure 1) that is switchable and controllable in accordance to the image information may be used to dynamically control or change the polarization state of the image light, (please see the abstract). It would then have been obvious to one skilled in the art to apply the teaching of Faris to alternatively make the image information be arranged in art well known spatial multiplexed manner so that the image light is to be spatially divided and to apply the teachings of Morishima et al to make the polarization associated with each spatially divided image light be controlled by a processor for the benefit of using alternatively art well known spatial multiplexed manner to generate the image information.
With regard to claim 3, Faris in light of Morishima et al teaches that the polarization controller may comprise a plurality of cells, such as the p-cells, configured to independently adjust the polarization of incident light.
With regard to claims 5-6, Hong teaches that the depth values of the virtual images are between first virtual plane or depth value located at image plane (21) and the second virtual plane or depth value located at the image plane (22). In light of the Morishima et al, the polarization controller or conversion portion may be switchable to adjust the polarization of the image light to have polarization state having a ratio of a first polarization component and the second polarization component. With regard to claim 6, it is either implicitly true or obvious by one skilled in the art to determine the depth value of each of the plurality of pixels of the image light based on at least luminance of a pixel.
With regard to claim 7, Hong teaches that the polarization conversion portion of the polarization controller may convert the polarization of the image light provided from the image forming device into a linear polarization of predetermined direction (such as S polarization and/or P polarization). This reference however does not teach explicitly a polarizer. In light of Figure 3A of Morishima et al, it is implicitly true to include a polarizer for converting the polarization of the image light which implies a polarizer is provided from the image forming device into a linear polarization of a predetermined direction.
With regard to claims 8 and 9, Hong teaches to further comprise a quarter wave plate (511) provided between the polarization beam splitter (14) and the first curved mirror (512) and a quarter wave plate (521) provided between the polarization beam splitter (14) and the second curved mirror (522, please see column 11, lines 59-60 of reference ‘951).
With regard to claim 11, Hong teaches that the virtual image focused by the first curved mirror and the virtual image focused by the second curved mirror are located at different image planes (21 and 22, Figure 1). However, this reference does not teach explicitly that the first and second curved mirrors are provided at different distances from the polarization beam splitter. But such feature may be implicitly true to make the virtual images to have different locations when the two mirrors have the same focus property.
With regard to claim 12, Hong does not teach explicitly that the display apparatus comprises non-wearable type of display apparatus. However, the operation of the display apparatus taught by Hong does not dependent on the nature of wearability, such modification therefore would have been obvious to one skilled in the art to expand the applicability of the display apparatus.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hong. Faris and Morishima et al in view of the US patent application publication by Suzuki (US 2015/0362719 A1).
The near-eye display apparatus taught by Hong in combination with the teachings of Faris and Morishima et al as described in claim 1 above has met all the limitations of the claims.
With regard to claim 10, Hong teaches that the mirrors are curved but does not teach explicitly that they each has an aspherical surface. Suzuki in the same field of endeavor teaches an optical system with curved concave mirrors (52 and 54, Figure 7B) for focusing image lights reflected and transmitted from a beam splitter (51) wherein the concave mirrors (52 and 54) may have aspherical surface, (please see paragraph [0052]). It would then have been obvious to one skilled in the art to apply the teachings of Suzuki to modify the curved mirrors of the Hong to alternatively include aspherical surface for the benefit of allowing the curved mirrors to have the property of correcting aspherical aberration.
Claim(s) 13-16 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over PCT publication by Hong (WO2020/147364 reference to US patent PN. 11,624,915) in view of the US patent issued to Faris (PN. 5,264,964) and US patent issued to Morishima et al (PN. 5,875,055).
Claim 13 has been amended to necessitate the new ground of rejection.
Hong teaches a near-to-eye display method serves as the display method that is comprised of the step of outputting image light, from display portion (11, Figure 1), the image light to be provided a field of view of a user, and the step of adjusting time multiplexed or time divisionally, a polarization state of the image light by a polarization conversion portion (12) and based on the polarization state of the image light focusing the image light on at least one of a first virtual plane (21) having a first depth position and a second virtual plane (22) having a second depth position, (please see Figures 1 and 2, columns 5-11).
Claim 13 has been amended to include the phrase “wherein the polarization state of the image light is adjusted for each pixel corresponding to the image light to at least one of a first polarization and a second polarization based on binary depth map information comprising a binary depth map in which depth information for each pixel of a plurality of pixels the image light is allocated with either a first depth value or a second depth value that is different from the first depth value, wherein adjusting the first polarization state of the image light is performed based on the binary depth map information such that light of a pixel allocated with the first depth value is in a first polarization state and light of a pixel allocated with the second depth value is in a second polarization state wherein at least one first pixel of the image light is allocated with the first depth value and at least one second pixel of the image light is allocated with the second depth value”.
Hong teaches that the display device is to display a first image information with a first linear polarization at a first depth image plane (31, Figures 1 and 6) and a second image information with a second linear polarization at a second depth image plane (32). This implicitly means that the first image information and second image information each has a different depth value, (read as may be displayed at different depth image plane). The two different depth values constitute the binary depth map. Hong teaches that the display portion (11) may comprise liquid crystal display (please see column 10, lines 37-39) that implicitly means the image information comprise a plurality of pixels and each pixel for the first image implicitly has a first depth value to be projected at first depth image plane and each pixel for the second image implicitly has a second depth value to be projected at second depth image plane. Hong teaches that the control unit (17) or the processor is configured to control the polarization controller or polarization conversion portion (12) to converts or control the polarization of the first image light allocated with the first depth value or to be projected at the first depth image plane with a first polarization state and the second image light allocated with the second depth value or to be projected at the second depth image plane with a second polarization, (please see column 6). This means the polarization state of the image light is adjusted (or controlled) for each pixel corresponding to the image light to at least one of a first polarization and a second polarization based on binary depth map information comprising the binary depth map. The depth information for each pixel of the image light is allocated with either a first depth value or a second depth value that is different from the first depth value, wherein adjusting the first polarization state of the image light is performed based on the binary depth map information such that light of a pixel allocated with the first depth value is in a first polarization state and light of a pixel allocated with the second depth value is in a second polarization state, (please see column 6).
At least one first pixel of the first image light is allocated with the first depth value and at least one second pixel of the second image light is allocated with the second depth value.
Claim 13 has been amended to include the phrase “adjusting space-divisionally a polarization state of the image light”.
This reference however does not teach explicitly that the polarization of the image light is adjusted space-divisionally. However, image map of information with either time sequential arrangement or spatially multiplexed arrangement are both well known in the art. Faris in the same field of endeavor teaches a spatially multiplexed binary information map with a plurality of pixels that comprises a first image with a first depth view value (i.e. left eye view L, Figures 4a) and a second image with a second depth view value (i.e. right eye view R). This means the image light is spatially divided into the first image and the second image.
Faris teaches that the pixels with the first image are associated with a micropolarizer (9) with a first polarization state (P1) and the pixels with the second image are associated with a micropolarizer with a second polarization state (P2), which means that the polarization of the image light is adjusted spatially. Morishima in the same field of endeavor teaches a switchable polarizer that includes a liquid crystal p-cell (30, Figure 1) that is switchable and controllable in accordance to the image information so that the polarization may be dynamically adjusted, (please see the abstract). It would then have been obvious to one skilled in the art to apply the teaching of Faris to alternatively make the image information be arranged in an art well known spatial multiplexed manner so that the image light is to be spatially divided and to apply the teachings of Morishima et al to make the polarization associated with each spatially divided image light may be spatially adjusted for the benefit of using alternatively art well known spatial multiplexed manner to generate the image information.
With regard to claim 14, Hong teaches that the travel path of the image light is split into two different directions based on the adjusted polarization state of the image light, i.e. image light with S polarization would be reflected by a polarization beam splitting portion (14) to a first direction and image light with P polarization would be transmitted by the polarization beam splitting portion to a second direction, (please see Figure 1).
With regard to claim 15, Hong teaches that the polarization state is adjusted in a time-multiplexed manner or time divisionally manner by controlling the polarization state of the image light into a first polarization (such as S polarization) and a second polarization (such as P polarization) that are perpendicular to each other, (please see column 8 lines 29-43).
With regard to claim 16, Faris in light of Morishima et al teaches that the polarization state comprises separately adjusting the polarization state of the image light in a unit of pixel of the image light.
With regard to claims 18 and 19, Hong teaches that the depth values of the virtual images are between first virtual plane or depth value located at image plane (21) and the second virtual plane or depth value located at the image plane (22). In light of the Faris and Morishima et al, the polarization controller or conversion portion may be switchable to adjust the polarization of the image light to have polarization state having a ratio of a first polarization component and the second polarization component. With regard to claim 19, it is either implicitly true or obvious by one skilled in the art to determine the depth value of each of the plurality of pixels of the image light based on at least luminance of a pixel.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over PCT publication by Hong (WO2020/147364 reference to the US patent PN. 11,624,915) in view of the US patent issued to Faris (PN. 5,264,964) and US patent issued to Morishima et al (PN. 5,875,055).
Claim 20 has been amended to necessitate the new grounds of rejection.
Hong teaches a near-eye display apparatus serves as the display apparatus that is comprised of a polarization conversion portion (12, Figure 1) serves as the polarization controller configured to adjust a polarization state of image light provided, into a first polarization (such as S polarization) and a second polarization (such as P polarization), a polarization beam splitting portion (14) serves as the polarization beam splitter configured to reflect light of a first polarization such as S polarization and transmit light of a second polarization such as P polarization, a first curved mirror (512) provided in a first optical path of the light of the first polarization reflected by the polarization beam splitter (14), the first curved mirror being configured to focus the light of the first polarization on the first virtual plane at a first depth position (21) and a second curved mirror (522) provided in a second optical path of the light of the second polarization transmitted by the polarization beam splitter (14) the second curved mirror being configured to focus the light of the second polarization on the second virtual plane at a second depth position (22, please see Figures 1 and 2 and columns 5-11).
Claim 20 has been amended to include the phrase “the image information comprises binary depth map information comprising binary depth in which depth information for each pixel of the image light is allocated with either a first depth value or a second depth value that is different from the first depth value, Such that the image light is spatially divided into a first image with the first depth value and a second image with the second depth value by the binary map information, wherein the processor is further configured to control the polarization controller based on the binary depth map information such that light of a pixel allocated with the first depth value is in a first polarization state and light of a pixel allocated with the second depth value is in a second polarization state and wherein at least one first pixel of the image light is allocated with the first depth value and at least one second pixel of the image light is allocated with the second depth value”.
Hong teaches that the display device is to display a first image information with a first linear polarization at a first depth image plane (31, Figures 1 and 6) and a second image information with a second linear polarization at a second depth image plane (32). This implicitly means that the first image information and second image information each has a different depth value, (read as may be displayed at different depth image plane). The two different depth values constitute the binary depth map. Hong teaches that the display portion (11) may comprise liquid crystal display (please see column 10, lines 37-39) that implicitly means the image information comprise a plurality of pixels and each pixel for the first image implicitly has a first depth value to be projected at first depth image plane and each pixel for the second image implicitly has a second depth value to be projected at second depth image plane. Hong teaches that the control unit (17) or the processor is configured to control the polarization controller or polarization conversion portion (12) to converts or control the polarization of the first image light allocated with the first depth value or to be projected at the first depth image plane with a first polarization state and the second image light allocated with the second depth value or to be projected at the second depth image plane with a second polarization, (please see column 6). At least one first pixel of the first image light is allocated with the first depth value and at least one second pixel of the second image light is allocated with the second depth value.
This reference however does not teach explicitly that the image light is spatially divided into a first image with the first depth value and a second image with the second depth value. However, image map of information with either time sequential arrangement or spatially multiplexed arrangement are both well known in the art. Faris in the same field of endeavor teaches a spatially multiplexed binary information map with a plurality of pixels that comprises a first image with a first depth view value (i.e. left eye view L, Figures 4a) and a second image with a second depth view value (i.e. right eye view R). This means the image light is spatially divided into the first image and the second image.
Faris teaches that the pixels with the first image are associated with a micropolarizer (9) with a first polarization state (P1) and the pixels with the second image are associated with a micropolarizer with a second polarization state (P2). The polarization states however are not controlled by a processor. Switchable polarizer is known in the art as demonstrated by Morishima et al wherein a liquid crystal p-cell (30, Figure 1) that is switchable and controllable in accordance to the image information may be used to dynamically control or change the polarization state of the image light, (please see the abstract). It would then have been obvious to one skilled in the art to apply the teaching of Faris to alternatively make the image information be arranged in art well known spatial multiplexed manner so that the image light is to be spatially divided and to apply the teachings of Morishima et al to make the polarization associated with each spatially divided image light be controlled by a processor for the benefit of using alternatively art well known spatial multiplexed manner to generate the image information. Response to Arguments
Applicant's arguments filed on December 18, 2025, have been fully considered but they are not persuasive. The newly amended claims have been fully considered and are rejected for the reasons set forth above.
Applicant’s arguments are mainly drawn to the newly amended features that have been fully addressed in the reasons for rejection set forth above. Applicant being one skilled in the art must understand that both time sequentially generated image light and spatially multiplexed arrangement of the image element for generating spatially divided image light are both well known in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREY Y CHANG whose telephone number is (571)272-2309. The examiner can normally be reached M-TH 9:00AM-4:30PM.
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AUDREY Y. CHANG
Primary Examiner
Art Unit 2872
/AUDREY Y CHANG/Primary Examiner, Art Unit 2872