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 .
Election/Restrictions
Claims 10-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/29/2025.
Applicant's election with traverse of Invention Group I drawn to claims 1-9 and 15-20 in the reply filed on 09/29/2025 is acknowledged. The traversal is on the ground(s) that the groups are not independent and distinct nor does examination of all claims create an undue burden. This is not found persuasive, because the inventions require separate field of search due to their different subclasses; the prior art that is applicable to one invention would not likely to be applicable to another invention; the inventions have different statutory patent-eligible subject matter categories: one group of claims directed to a process and another group of claims directed to a machine.
The requirement is still deemed proper and is therefore made FINAL.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1- 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20150370071 A1 to Alton et al.in view of US 20200225482 A1 to Bodiya et al.
Regarding Claim 1. Alton discloses a spatially selective tinting architecture for a head-worn device (HWD) including: a frame (See Fig. 1 frame 115); a first lens (Fig. 1 display device 102 with see-through display region 112 and see-through transmittance compensation mask 114) comprising: a first portion including a tint (Fig. 1 see-through transmittance compensation mask 114); and a second portion including an aperture (Fig. 1 see-through display region 112); and a waveguide (para 26).
Alton does not specifically disclose an outcoupler configured to provide light to the aperture of the first lens.
However, Bodiya discloses an outcoupler configured to provide light to the aperture of a first lens (See Fig. 1 DOE 110 of lens 111) to receive guided light traveling in light guide, and redirect guided light to exit the light guide.
Therefore, it would have been obvious to a person having ordinary skill in the art before Applicant’s effective filing date to include an outcoupler configured to provide light to the aperture of the first lens.
Regarding Claim 2. Bodiya discloses the aperture is configured to allow the light from the outcoupler to pass through unfiltered (as described and shown in Fig. 1).
Regarding Claim 3. Alton and Bodiya discloses the aperture is a same shape as the outcoupler (Alton Fig. 1 and Boyida Fig. 4A both disclosing a rectangular shape).
Regarding Claim 4. Alton further at least a portion of the aperture does not include the tint (as shown in Fig. 1).
Regarding Claim 5. Alton further discloses a second lens comprising a tinted portion, wherein the tinted portion has a same shape as the aperture (See Fig. 4A and Fig. 4B border region 442L and display region 112L).
Regarding Claim 6. Alton further discloses the aperture and the tinted portion are aligned (See Fig. 4A and 4B).
Regarding Claim 7. Alton further discloses the tinted portion includes the tint (See para 36).
Regarding Claim 8. Bodiya further discloses an optical engine configured to provide laser light to at least a portion of the waveguide (see at least para 100 “Light 401 can be provided by a light source carried by the WHUD, such as a laser projector”).
Regarding Claim 9. Bodiya further discloses an arm configured to contain at least a portion of the optical engine (See Fig. 11 arm 1110).
Regarding Claim 15. Alton discloses an optical combiner for a head-worn device (HWD) including; a first lens (Fig. 1 display device 102 with see-through display region 112 and see-through transmittance compensation mask 114) comprising: a first portion including a tint (Fig. 1 see-through transmittance compensation mask 114); and a second portion including an aperture (Fig. 1 see-through display region 112); and a waveguide (para 26).
Alton does not specifically disclose an outcoupler configured to provide light to the aperture of the first lens.
However, Bodiya discloses an outcoupler configured to provide light to the aperture of a first lens (See Fig. 1 DOE 110 of lens 111) to receive guided light traveling in light guide, and redirect guided light to exit the light guide.
Therefore, it would have been obvious to a person having ordinary skill in the art before Applicant’s effective filing date to include an outcoupler configured to provide light to the aperture of the first lens.
Regarding Claim 16. Bodiya further discloses the aperture is configured to allow the light from the outcoupler to pass through unfiltered (as described and shown in Fig. 1).
Regarding Claim 17. Alton further discloses a second lens comprising a tinted portion, wherein the tinted portion has a same shape as the aperture (See Fig. 4A and Fig. 4B border region 442L and display region 112L).
Regarding Claim 18. Bodiya further discloses the waveguide is disposed between the first lens and the second lens (Fig. 12 discloses at least waveguide of combiner 1231 extending between a first lens directing display light to eye 1291 and a second lens (not labeled but See Fig. 11) directing light to eye 1293, where both lens are expected to be structurally similar).
Regarding Claim 19. Alton further discloses the tinted portion includes the tint (See para 36).
Regarding Claim 20. Alton and Boyida further discloses the tinted portion, aperture and outcoupler are aligned (See Alton Fig. 4A and 4B and Boyida Fig.1 and Fig. 4A).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMOND C LAU whose telephone number is (571)272-5859. The examiner can normally be reached M-Th 8am-6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth can be reached at (571) 272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDMOND C LAU/Primary Examiner, Art Unit 2871
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