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
Acknowledgement is made of receipt of Information Disclosure Statement (PTO-1449) filed 02/06/2026. An initialed copy is attached to this Office Action.
Response to Amendment
Claims 1, 10-11, 13-14 and 16-18 have been amended, claims 9, 12 and 23 are canceled and claim 24 is new.
Response to Arguments
Applicant's arguments filed 03/31/2026 have been fully considered but they are not persuasive.
First Applicant argues on page 3 that Ishiguro does not teach the amended limitation of claim 1, “the average tilt angle of the dark portion in the liquid crystal layer gradually changes in the one in-plane direction in a plane”, because Ishiguro teaches two layers with different tilt directions that changed in the thickness direction which is different than the one in plane direction in a plane.
Examiner disagrees and has cited Ishiguro to teach “the average tilt angle of the dark portion (dark portions 16 fig. 17) in the liquid crystal layer (the left circularly polarized light reflective layer 34 and the right circularly polarized light reflective layer 36 both have a fixed cholesteric liquid crystal phase paragraph [0038] of translation) gradually changes (the average tilt angle changes in the y direction as shown below in fig. 5) in the one in-plane direction (y direction as shown in fig. 5) in a plane (xy plane as shown below in fig. 5)”, the tilt angle gradually changes where the dark portion from point A on the bottom edge surface A to point B on the middle surface B meets the dark portion from point A on the middle surface A to point B on the edge surface B in fig. 5. The tilt angle is gradually changing in the y direction in the xy plane is shown below in the current application fig. 13, described in paragraph [0061] of current application as “the liquid crystal alignment pattern gradually decreases from the center toward the outer side in each of the one in-plane directions”.
PNG
media_image1.png
443
911
media_image1.png
Greyscale
PNG
media_image2.png
357
844
media_image2.png
Greyscale
Second Applicant argues on page 4 that Nishiyama does not teach the new limitation of claim 24, “the image display apparatus is disposed such that a display surface of the image display apparatus is perpendicular to a visual line direction of a user”, because Nishiyama teaches the projector 110 has a display surface facing down and the light is reflected to the user by the reflection type polarizing plate 220 directing the light to the left.
Examiner disagrees and has cited Nishiyama which discloses another embodiment of the optical apparatus in figure 18 to teach, “the image display apparatus (projector 110 fig. 18) is disposed such that (the projector 110 has a display surface along the y direction as shown below in fig. 18) a display surface (display surface as shown below in fig. 18) of the image display apparatus (projector 110 fig. 18) is perpendicular (the display surface in the y direction is perpendicular to the image light 50 entering the eye 30 as shown below in fig. 18) to a visual line direction (the image light 50 enters the eye 30 along the x direction as shown below in fig. 18) of a user (eye of the user 30 fig. 18)”. Figure 18 is a different embodiment of figure 1 and shows a different orientation of the display surface where it is perpendicular.
PNG
media_image3.png
693
748
media_image3.png
Greyscale
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 10-11, 14-17, 19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Nishiyama et al. (US 20190018248 A1) in view of Dahmani et al. (US 6256122 B1), Edwin et al. (US
20190107719 A1), Escuti et al. (US 20150331167 A1), Kodama et al. (US 20210116615 A1) and lshiguro (WO 2020110806 A1).---
Regarding claim 1, Nishiyama discloses in at least figure 1, An image display unit (optical
apparatus 10 fig. 1) comprising:
an image display apparatus (projector 110 fig. 1);
a polarization diffraction element (GPH element 130 fig. 1 inverts the polarization circularly
polarized light and provides a lens effect using diffraction phenomenon paragraph [0044]) that diffracts
(GPH element 130 diffracts image light 50 paragraph [0044]) light emitted from (image light 50 fig. 1)
the image display apparatus (projector 110 fig. 1); and
a polarizing plate (reflection type polarizing plate 310, polarizing plate 320 and A/4 plate 300 fig.
1) that allows transmission (polarizing plates 310, 320 and A/4 plate 300 transmit horizontal image light
50 towards the eye 30 paragraph [0050)]) of the polarized light (circularly polarized image light 50 fig. 1)
diffracted by (GPH element 130 diffracts image light 50 paragraph [0044]) the polarization diffraction
element (GPH element 130 fig. 1) and absorbs (polarizing plate 320 absorbs vertical light paragraph
[0042] light not diffracted (external light 40 fig. 1) by the polarization diffraction element (GPH element
130 fig. 1),
wherein the polarization diffraction element (GPH element 130 fig. 1) is a polarization
diffraction lens having a lens function (the GPH element diffracts image light 50, inverts the polarization
and provides a lens effect paragraph [0044]),
the polarization diffraction element (GPH element 130 fig. 1) is a liquid crystal diffraction element (the GPH element 130 is a polymerizable liquid crystal paragraph [0056]) that includes a liquid crystal layer including a liquid crystal compound (the GPH element 130 is a layer fig. 6 of polymerizable liquid crystal paragraph [0056]).
Nishiyama does not explicitly disclose, a polarizing plate that allows transmission of the
polarized light diffracted by the polarization diffraction element and absorbs light that is emitted from
the image display apparatus, is transmitted through the polarization diffraction element, and is not
diffracted by the polarization diffraction element, and
in a case where a focal length of the polarization diffraction lens is represented by f and a distance between the image display apparatus and the polarization diffraction lens is represented by d,
the liquid crystal layer has a liquid crystal alignment pattern in which a direction of an optical axis derived from the liquid crystal compound changes while continuously rotating in at least one in-plane direction,
in a case where a length over which the direction of the optical axis derived from the liquid
crystal compound in the liquid crystal alignment pattern rotates by 180° in an in-plane direction is set as a single period, the liquid crystal layer has regions where lengths of the single periods are different from each other in a plane,
in in a cross sectional image obtained by observing a cross section of the liquid crystal layer taken in a thickness direction parallel to the one in-plane direction with a scanning electron microscope, the liquid crystal layer has regions where bright portions and dark portions derived from a liquid crystal phase are tilted with respect to a main surface of the liquid crystal layer,
in in a case where an angle of a line segment that connects a point on one surface of one dark portion and a point on another surface of the dark portions with respect to the main surface of the liquid crystal layer is defined as an average tilt angle,
the average tilt angle of the dark portion in the liquid crystal layer gradually changes in the one in-plane direction in a plane.
However Dahmani discloses in at least figures 1-2, a polarizing plate (polarizer 9 fig. 1) that
allows transmission of the polarized light diffracted (diffracted beam 4 is polarized col. 2 lines 45-47 and
is transmitted by polarizer 9 col. 3 lines 36-41) by the polarization diffraction element (beam 4 is
diffracted by hologram 2 fig. 1) and absorbs light (the polarizer simultaneously absorbs the zero order
beam 3 col. 3 lines 40-41) that is emitted from the image display apparatus (the beams 3 and 4 parts of
the light emitted from source 13 fig. 2), is transmitted through the polarization diffraction element (the
light from source 13 is transmitted through the hologram 2 fig. 2), and is not diffracted by the
polarization diffraction element (beam 3 is not diffracted by hologram 2 fig. 1).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use a polarizer as taught by Dahmani in the optical apparatus of Nishiyama. The
light which emerges from the polarizer is then completely rid of the zero order beam (col. 3 lines 44-45).
Additionally Edwin discloses in at least figure 10F and 10G, in a case where a focal length (focal
distance f paragraph [0272]) of the polarization diffraction lens (diffractive waveplate lens array 1012
fig. 10F causes the convergence or divergence of polarized light and inner lens 1016 fig. 10G is
configured to modify the divergence of the light emitted from the display paragraph [0272]) is
represented by f length (inner lens 1016 focal length paragraph [0272]) and a distance between (focal
distance f paragraph [0272]) image display apparatus (transparent emissive display 1010 fig. 10 F) and
the polarization diffraction lens (diffractive waveplate lens array 1012 fig. 10 F causes the convergence
or divergence of polarized light and inner lens 1016 fig. 10G is configured to modify the divergence of
the light emitted from the display paragraph [0272]) is represented by d (focal distance f paragraph
[0272]), d ≤ F is satisfied (the inner lens 1016 may have a focal length, f, and may be disposed at this
focal distance, f, away from the transparent emissive display 1010 paragraph [0272], resulting in d=f).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to have d ≤ f as taught by Edwin for optical apparatus of Nishiyama. The distance
being equal to the focal length allows for the light emitted from the emitters in the transparent emissive
display to be collimated (paragraph [0272]).
Further Escuti discloses in at least figures 1 and 2A, the liquid crystal layer (GPH 225A has a liquid crystal layer paragraph [0088]) has a liquid crystal alignment pattern (orientation angles (x) fig. 2A) in which a direction of an optical axis (optical axis profile defined by local optical axes 230a paragraph [0086]) derived from the liquid crystal compound changes (the GPH profile is continuously varying paragraph [0090]) while continuously rotating (the GPH is a kind of patterned retarder paragraph [0084] the retarder 105 is rotating fig. 1) in at least one in-plane direction (the retarder 105 is rotating in the xy
plane fig. 1), and in a case where a length over which the direction of the optical axis (local optical axis 230a fig. 2A) derived from the liquid crystal compound (GPH 225A has a liquid crystal layer paragraph [0088]) in the liquid crystal alignment pattern (orientation angles M(x) fig. 2a) rotates (the retarder is rotating in the xy plane fig. 1 with a selectable angle in the plane of rotation paragraph [0051]) in an in-plane direction is set as a single period (period paragraph [0086]), the liquid crystal layer (GPH 225a has a liquid crystal layer paragraph [0088]) has regions where lengths of the single periods are different from each other in a plane (the period at the center is larger than the period of the edge paragraph [0086]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use the liquid crystal layer as taught by Escuti in the GPH of Nishiyama. The pattern
of the liquid crystal layer allows the GPH to function as a polarization sensitive cylindrical lens paragraph
[0086]).
Escuti does not explicitly disclose, in a case where a length over which the direction of the
optical axis derived from the liquid crystal compound in the liquid crystal alignment rotates by 180°.
However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rotate 180°, since it has been held that where the general conditions of
a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine
skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). In the current instance, the rotation angle is an
art recognized results effective variable. Thus one would have been motivated to optimize the
convergence angle because it is an art-recognized result-effective variable and it has been held that
discovering an optimum value of a result effective variable involves only routine skill in the art, In re
Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See MPEP §2144.05(11)(B) "after KSR, the presence of a known result-effective variable would be one, but not the only, motivation for a personal of ordinary
skill in the art to experiment to reach another workable product or process."
Additionally Kodama discloses in at least figure 3, wherein in a cross sectional image obtained by
observing a cross section (X-Z plane paragraph [0143]) of the liquid crystal layer (liquid crystal layer 10
fig. 3) taken in a thickness direction parallel to the one in-plane direction with a scanning electron
microscope (SEM paragraph [0105]), the liquid crystal layer (liquid crystal layer 10 fig. 3) has regions
where bright portions (bright portions 15 fig. 3) and dark portions (dark portions 16 fig. 3) derived from
a liquid crystal phase (liquid crystalline phase paragraph [0141]) are tilted (the light and dark portions
are tilted at an angle 02 fig. 3) with respect to a main surface (main plane 11 and 12 fig. 3) of the liquid
crystal layer (liquid crystal layer 10 fig. 3).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use the liquid crystal layer with tilted light and dark portions as taught by Kodama
as the liquid crystal layer of Nishiyama. The liquid crystal compound is preferably tilted in a direction as
the molecular axis (paragraph [0141]).
Further lshiguro discloses in at least figure 5, wherein in a case where an angle of a line segment that connects a point (point A on surface A as shown below in fig. 5) on one surface (surface A as shown below in fig. 5) of one dark portion (dark portions as shown below in fig. 5) and a point (point B on the upper surface as shown below in fig. 5) on another surface (surface B as shown below in fig. 5) of the dark portions (dark portions as shown below in fig. 5) with respect to the main surface (main surface as shown below in fig. 5) of the liquid crystal layer (the left circularly polarized light reflective layer 34 and the right circularly polarized light reflective layer 36 both have a fixed cholesteric liquid crystal phase paragraph [0038] of translation) is defined as an average tilt angle (tilt angle as shown below in fig. 17),
the average tilt angle of the dark portion (dark portions 16 fig. 17) in the liquid crystal layer (the left circularly polarized light reflective layer 34 and the right circularly polarized light reflective layer 36 both have a fixed cholesteric liquid crystal phase paragraph [0038] of translation) gradually changes (the average tilt angle changes in the y direction as shown below in fig. 5) in the one in-plane
direction (y direction as shown in fig. 5) in a plane (xy plane as shown below in fig. 5).
PNG
media_image1.png
443
911
media_image1.png
Greyscale
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use a liquid crystal layer where the average tilt angle of the dark potions changes
gradually as taught by lshiguro in the optical apparatus of Nishiyama. The left-handed circularly
polarized light reflective layer 34 and the right-handed circularly polarized light reflective layer 36 have
opposite inclination directions of the bright and dark areas, which makes it possible to reduce the
thickness of LCD backlight units and to emit light with uniform brightness using a small number of light
sources (paragraph [0083] of translation).
Regarding claim 3, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 1 and Nishiyama further discloses, wherein the polarization diffraction element (GPH element 130 fig. 1) diffracts circularly polarized light (GPH element 130 diffracts circularly polarized light fig. 1), and the polarizing plate (reflection type polarizing plate 310, polarizing plate 320 and A/4 plate 300 fig. 1) isa circularly polarizing plate (the image light 50 reflected on the reflection type polarizing plate 310 is linearly polarized light in the vertical direction and converted into right-handed circularly polarized light by the A/4 plate 300, paragraph [0048]).
Regarding claim 10, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 1.
Nishiyama does not disclose, wherein in the liquid crystal layer, the single period gradually decreases in a direction from one side to another side of the liquid crystal alignment pattern in the one in-plane direction.
However Escuti further discloses in figure 4, wherein in the liquid crystal layer (GPH regions 425A-C has a liquid crystal layer paragraph [0088]), where each of the regions A 425a, B 425b, C 425c may include optical axis profiles that differ with respect to optical axis orientations and/or periodicities.
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use the liquid crystal layer as taught by Escuti in the GPH of Nishiyama. The pattern
of the liquid crystal layer allows the GPH to function as a polarization sensitive cylindrical lens paragraph
[0086]).
Additionally, Sato discloses in at least figure 10, the single period (period as shown below in fig. 10) gradually decreases (the period decreases as shown below in fig. 10) in a direction (x direction fig. 10) from one side (side 1 as show below in fig. 10) to another side (side 2 as show below in fig. 10) of the
liquid crystal alignment pattern (liquid crystal layer 34 fig. 10) in the one in-plane direction (x direction
fig. 10).
PNG
media_image4.png
665
675
media_image4.png
Greyscale
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use the decreasing period as taught by Sato in the liquid crystal layer of Nishiyama.
The period of the liquid crystal layer changes the direction of the diffracted light.
Regarding claim 11, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 1.
Nishiyama does not explicitly disclose, wherein the liquid crystal layer has a concentric circular
shape in which the one in-plane direction of the liquid crystal alignment pattern moves from an inner
side toward an outer side.
However, Escuti further discloses in fig. 2B, wherein the liquid crystal layer has a concentric
circular shape (concentric circular shape fig. 2B) in which the one in-plane direction of the liquid crystal
alignment pattern moves from an inner side toward an outer side (the liquid crystal layer of GPH 225b
moves from the inner to outer side in fig. 2b similar to current application fig. 5 which shows a liquid
crystal layer 36 as having a concentric circular shape where the one in-plane direction in which a
direction of an optical axis of a liquid crystal compound 40 changes while continuously rotating moves
from an inner side toward an outer side paragraph [0057]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use a concentric circular shape as taught by Escuti in the liquid crystal layer of
Nishiyama. The two dimensional orientation of the GP lenes can be generated by a computer to be
aberration free (paragraph [0087]).
Regarding claim 14, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 1.
Nishiyama does not disclose, wherein in a cross sectional image obtained by observing a cross
section of the liquid crystal layer taken in a thickness direction parallel to the one in-plane direction with
a scanning electron microscope, the liquid crystal layer has bright portions and dark portions extending
from one surface to another surface and each of the dark portions has two or more inflection points of
angle, and the liquid crystal layer has regions where tilt directions of the dark portions are different from
each other in the thickness direction.
However Kodama discloses in at least figure 17, wherein in a cross sectional image (x-y plane fig.
17) obtained by observing a cross section (x-y plane fig. 17) of the liquid crystal layer (liquid crystal layer
60 fig. 17) taken in a thickness direction (y direction fig. 17) parallel to the one in-plane direction (x-y
plane fig. 17) with a scanning electron microscope (SEM paragraph [0119]), the liquid crystal layer (liquid
crystal layer 60 fig. 17) has bright portions (bright portions 15 fig. 17) and dark portions (dark portions
16 fig. 17) extending (extension of main planes 11 and 12 shown in fig. 15) from one surface (main plane
11 fig. 17) to another surface (main plane 12 fig. 7), and each of the dark portions (dark portions 26 fig.
7) have two or more inflection points of angle (inflection points as shown below in fig. 17), and the liquid
crystal layer (liquid crystal layer 60 fig. 17) has regions where there are tilt directions (tilt directions as
shown below in fig. 17) of the dark portions (dark portions 16 fig. 17) are different from each other (the
tilt angle of the dark portions are different as shown below in fig. 17) in the thickness direction (y
direction fig. 17).
PNG
media_image5.png
382
562
media_image5.png
Greyscale
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to have inflection points and different tilt angles as taught by Kodama in the dark
portions of the liquid crystal layer of Nishiyama. The arrangement of the light and dark portions scatters
light in a plurality of directions improving visibility (paragraph [0195]).
Regarding claim 15, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 14.
Nishiyama does not disclose, wherein in the liquid crystal layer, the number of inflection points
where the tilt direction of the dark portion is folded is an odd number.
However Kodama further discloses, wherein in the liquid crystal layer (liquid crystal layer 30 fig.
7), the number of inflection points (inflection points as shown below in fig. 7) where the tilt direction
(tilt direction as shown below in fig. 7) of the dark portion (dark portions 26 fig. 7) is folded (the
inflection points are folds in dark portions 26 fig. 7) is an odd number (there are three dark portions with
folded with inflection points fig. 7).
PNG
media_image6.png
483
863
media_image6.png
Greyscale
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use the liquid crystal layer with tilted light and dark portions as taught by Kodama
as the liquid crystal layer of Nishiyama. The liquid crystal compound is aligned in a predetermined
direction with the molecular axis (paragraph [0158]).
Regarding claim 16, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 1.
Nishiyama does not disclose, wherein in the liquid crystal layer, an average tilt angle of the dark
portion gradually changes in the one in-plane direction.
However Kodama further discloses, wherein in the liquid crystal layer (liquid crystal layer 30 fig.
7), an average tilt angle (tilt angle show below in fig. 7) of the dark portion (dark portions 26 fig. 7)
gradually changes (the average tit angle changes at the inflection points in the x direction fig. 7) in the
one in-plane direction (x direction fig. 7).
PNG
media_image6.png
483
863
media_image6.png
Greyscale
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use the liquid crystal layer with tilted light and dark portions as taught by Kodama
as the liquid crystal layer of Nishiyama. The liquid crystal compound is aligned in a predetermined
direction with the molecular axis (paragraph [0158]).
Regarding claim 17, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 1.
Nishiyama does not disclose, wherein the liquid crystal layer has a region where shapes of the
bright portions and the dark portions are asymmetrical with respect to a center line of the liquid crystal
layer in the thickness direction.
However Kodama further discloses, wherein the liquid crystal layer (liquid crystal layer 30 fig. 7)
has a region where shapes of the bright portions (bright portions 25 fig. 7) and the dark portions (dark
portions 26 fig. 7) are asymmetrical (the shape of the bright and dark regions is asymmetrical with
respect to the center line fig. 7) with respect to a center line (center line as shown below in fig. 7) of the
liquid crystal layer in the thickness direction (z direction fig. 7).
PNG
media_image6.png
483
863
media_image6.png
Greyscale
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use the liquid crystal layer with tilted light and dark portions as taught by Kodama
as the liquid crystal layer of Nishiyama. The liquid crystal compound is aligned in a predetermined
direction with the molecular axis (paragraph [0158]).
Regarding claim 19, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 1 and Nishiyama further discloses, A head-mounted display (spectacle device 400 fig. 17) comprising:
the image display unit according to claim 1 (spectacle type display device 400 uses the optical
apparatus 10 paragraph [0103]).
Regarding claim 21, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 1.
Nishiyama does not disclose, wherein a main surface of the polarizing plate is parallel to a main
surface of the polarization diffraction element.
However Dahmani further discloses, wherein a main surface of the polarizing plate (polarizer 9
fig. 1) is parallel (the hologram 2 and polarizer 9 are parallel fig. 1) to a main surface of the polarization
diffraction element (hologram 2 fig. 1).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use a polarizer as taught by Dahmani in the optical apparatus of Nishiyama. The
hologram 2, plate 5, and polarizer 9 are all parallel and can be attached to one of the other two
elements, or all together, which gives the device a very small space requirement (col. 3 lines 46-52).
Claims 2 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nishiyama et al. (US 20190018248 A1) in view of Dahmani et al. (US 6256122 B1), Edwin et al. (US 20190107719 A1), Escuti et al. (US 20150331167 A1), Kodama et al. (US 20210116615 A1) and lshiguro (WO 2020110806 A1) as applied to claim 1 above and in further view of Tabirian et al. (US 20160047956 Al).
Regarding claim 2, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 1.
Nishiyama does not explicitly disclose, wherein the focal length f of the polarization diffraction
lens is less than 40 mm.
However, Tabirian discloses in at least figure 7, wherein the focal length f (focal point 721 fig. 7)
of the polarization diffraction lens (diffractive waveplate lens 712 fig. 7) is less than 40 mm (focal length
for RCHP 703 is -35.4mm and for LCHP 704 is 35.4 mm paragraph [0163]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use a diffractive lens with a focal point of less than 40 mm as taught by Tabirian in
the display unit of Nishiyama. If an optical system brings light of both RHCP and LHC polarization to a
single point or line focus, then it will bring light of any polarization to the same point or line focus
paragraph [0164]).
Regarding claim 20, the combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama, Ishiguro and Tabirian discloses all the limitations of claim 2 and Nishiyama further discloses, wherein the polarization diffraction element (GPH element 130 fig. 1) diffracts circularly polarized light (GPH element 130 diffracts circularly polarized light fig. 1), and the polarizing plate (reflection type polarizing plate 310, polarizing plate 320 and A/4 plate 300 fig. 1) is a circularly polarizing plate (the image light 50 reflected on the reflection type polarizing plate 310 is linearly polarized light in the vertical direction and converted into right-handed circularly polarized light by the A/4 plate 300, paragraph [0048]).
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nishiyama et al. (US
20190018248 Al) in view of Dahmani et al. (US 6256122 Bl) and Edwin et al. (US 20190107719 Al) as
applied to claim 3 above and in further view of Cho et al. (US 20160275884 Al).
Regarding claim 4, the combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 3.
Nishiyama does not disclose, wherein the image display apparatus emits linearly polarized light,
and a retardation plate is provided between the image display apparatus and the polarization diffraction
element.
However Cho discloses in at least figure 2, wherein the image display apparatus (display panel
300 fig. 2) emits linearly polarized light (the image light emitted from the display panel 300 is linearly
polarized paragraph [0067]), and a retardation plate (retardation plate 50 fig. 2) is provided between
(the retardation plate is between the display panel 300 and the optical modulation device 5 fig. 2) the
image display apparatus (display panel 300 fig. 2) and the polarization diffraction element (polarization
diffraction element taught above by Nishiyama).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use a display with linear polarized light as taught by Cho in the optical apparatus of
Nishiyama. The linear polarized light is converted by the quarter wave plate to be circularly polarized
(paragraph [0067]).
Regarding claim 5, The combination Nishiyama, Dahmani, Edwin, Escuti, Kodama, Ishiguro and Cho discloses all the limitations of claim 4.
Nishiyama does not disclose, wherein the retardation plate is a A/4 plate.
However Cho further discloses, wherein the retardation plate (retardation plate 50 fig. 2) is a V4
plate (the retardation plate 50 may be a quarter wave plate paragraph [0067)).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use a display with linear polarized light as taught by Cho in the optical apparatus of
Nishiyama. The linear polarized light is converted by the quarter wave plate to be circularly polarized
(paragraph [0067]).
Claim 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Nishiyama et al. (US 20190018248 A1) in view of Dahmani et al. (US 6256122 B1), Edwin et al. (US 20190107719 A1), Escuti et al. (US 20150331167 A1), Kodama et al. (US 20210116615 A1) and lshiguro (WO 2020110806 A1) as
applied to claim 3 above in further view of Khan et al. (US 20180039052 A1).
Regarding claim 6, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 3.
Nishiyama does not discloses, wherein the image display apparatus emits unpolarized light, and
the circularly polarizing plate is provided between the image display apparatus and the polarization
diffraction element.
However Khan discloses in at least figure 2, wherein the image display apparatus (display 14 fig.
2) emits unpolarized light (the display may provide unpolarized light paragraph [0050]), and the
circularly polarizing plate (linear polarizer 16 provides polarized light and quarter wave plate 18 provides
circularly polarized light paragraph [0026]) is provided between (linear polarizer 16 provides polarized
light and quarter wave plate 18 are between the display 14 and the optical system 20 fig. 2) the image
display apparatus (display 14 fig. 2) and the polarization diffraction element (optical system 20 fig. 2
polarization diffraction element taught above by Nishiyama).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use a display emitting unpolarized light as taught by Khan in the optical apparatus
of Nishiyama. When the display emits unpolarized light a circular polarizing plate can be added to
polarize the light paragraph [0050)).
Regarding claim 7, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 3 and Nishiyama further discloses, wherein the circularly polarizing plate (reflection type polarizing plate 310, polarizing plate 320 and A/4 plate 300 fig. 1) consists of a retardation plate (A/4 plate 300 fig. 1).
Nishiyama does not explicitly disclose, wherein the circularly polarizing plate consists of a
linearly polarizing plate.
However Khan discloses in at least figure 2, wherein the circularly polarizing plate (linear
polarizer 16 provides polarized light and quarter wave plate 18 provides circularly polarized light
paragraph [0026]) consists of a linearly polarizing plate (linear polarizer 16 is attached to quarter wave
plate 18 paragraph [0026]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use a linear polarizing plate as taught by Khan with quarter wave plate of Nishiyama to create a circular polarizer. The quarter wave plate and linear polarization plate are used together to turn unpolarized light to circularly polarized light paragraph [0050)).
Regarding claim 8, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama, Ishiguro and Khan discloses all the limitations of claim 7 and Nishiyama further discloses, wherein the retardation plate is a A/4 plate (A/4 plate 300 fig. 1).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Nishiyama et al. (US 20190018248 A1) in view of Dahmani et al. (US 6256122 B1), Edwin et al. (US 20190107719 A1), Escuti et al. (US 20150331167 A1), Kodama et al. (US 20210116615 A1) and lshiguro (WO 2020110806 A1) as applied to claim 1 above in further view of Katoh (US 20190391479 A1).
Regarding claim 13, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 1.
Nishiyama does not disclose, wherein the liquid crystal diffraction element includes two or more
liquid crystal layers, in cross sectional images obtained by observing cross sections of at least two of the
liquid crystal layers taken in a thickness direction parallel to the one in-plane direction with a scanning
electron microscope, bright portions and dark portions derived from the direction of the optical axis are
observed, and in the at least two liquid crystal layers, tilt angles of the bright portions and the dark
portions with respect to the main surface of the liquid crystal layer are different from each other.
However Katoh discloses in at least figure 1, wherein the liquid crystal diffraction element
(reflection member 10 fig. 1 liquid crystal diffraction element taught above by Nishiyama) includes two
or more liquid crystal layers (structure 14 incudes a first reflection layer 16 and an upper reflection layer
18 fig. 2 are formed by fixing the cholesteric liquid crystalline phase paragraph [0053]), in cross sectional
images (fig. 1 is a cross section image paragraph [0040]) obtained by observing cross sections of at least
two of the liquid crystal layers (structure 14 incudes a first reflection layer 16 and an upper reflection
layer 18 fig. 2) taken in a thickness direction (z direction fig. 1) parallel to the one in-plane direction (x
direction fig. 1) with a scanning electron microscope (SEM paragraph [0040]), bright portions (bright
portions 20 and 28 fig. 1) and dark portions (dark portions 24 and 30 fig. 1) derived from the direction of
the optical axis are observed (derived from the cholesteric liquid crystalline phase paragraph [0043]),
and in the at least two liquid crystal layers (structure 14 incudes a first reflection layer 16 and an upper
reflection layer 18 fig. 2), tilt angles (tilt angles as shown below in fig. 1) of the bright portions (bright
portions 20 and 28 fig. 1) and the dark portions (dark portions 24 and 30 fig. 1) with respect to the main
surface (interface 12a fig. 1) of the liquid crystal layer (the interface 12 is the surface between the layers
16 and 18 fig. 1) are different from each other (the tilt angles of the bright portions 20 and 28 are
different from each other and the dark portions 24 and 30 are different from each other fig. 1).
PNG
media_image7.png
728
813
media_image7.png
Greyscale
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use two liquid crystal layers as taught by Katoh in the optical apparatus of
Nishiyama. The two layers preferably have a different selective reflection wavelength from each other
(paragraph [0080]).
Claims 18 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Nishiyama et al. (US 20190018248 A1) in view of Dahmani et al. (US 6256122 B1), Edwin et al. (US 20190107719 A1), Escuti et al. (US 20150331167 A1), Kodama et al. (US 20210116615 A1) and lshiguro (WO 2020110806 A1) as applied to claim 1 above in further view of Lee et al. (US 20190285939 A1).
Regarding claim 18, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 1.
Nishiyama does not explicitly disclose, wherein a difference AnSS0 in refractive index generated
by refractive index anisotropy of the liquid crystal layer is 0.2 or more.
However Lee discloses in at least simulation evaluation 1, wherein a difference AnSS0 (the film
was tested at 550nm paragraph [0072]) in refractive index generated by refractive index anisotropy
(refractive index anisotropy paragraph [0072]) of the liquid crystal layer (liquid crystal retardation film
paragraph [0072]) is 0.2 or more (An= 0.08 paragraph [0072]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use a liquid crystal layer with refractive index anisotropy higher than 0.2 as taught
by Lee in the optical apparatus of Nishiyama. The refractive index anisotropy improves the antireflection
performance of the retardation film (paragraph [0053]).
Regarding claim 22, The combination of Nishiyama, Dahmani, Edwin, Escuti, Kodama and Ishiguro discloses all the limitations of claim 1.
Nishiyama does not disclose, wherein the focal length f and the distanced satisfy d < f.
However Lee discloses in at least figure 1, wherein the focal length f and the distanced satisfy d
< f (the distance, d, between the, e.g., diffractive liquid crystal wave-plate and the display is fixed and is
smaller than either focal length paragraph [0037]).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to have d <f as taught by Lee for optical apparatus of Nishiyama. The distance being
equal to the focal length allows for the light emitted from the emitters in the transparent emissive
display to be collimated (paragraph [0272]). When d is smaller but close to the focal length, the
magnification is larger and the image distance is farther. When d is even smaller, the magnification is
smaller and the distance is closer paragraph [0037]).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Nishiyama
et al. (US 20190018248 Al) in view of Dahmani et al. (US 6256122 Bl) and Edwin et al. (US
20190107719 Al).
Regarding claim 1, Nishiyama discloses in at least figure 1, An image display unit (optical
apparatus 10 fig. 1) comprising:
an image display apparatus (projector 110 fig. 1);
a polarization diffraction element (GPH element 130 fig. 1 inverts the polarization circularly
polarized light and provides a lens effect using diffraction phenomenon paragraph [0044]) that diffracts
(GPH element 130 diffracts image light 50 paragraph [0044]) light emitted from (image light 50 fig. 1)
the image display apparatus (projector 110 fig. 1); and
a polarizing plate (reflection type polarizing plate 310, polarizing plate 320 and A/4 plate 300 fig.
1) that allows transmission (polarizing plates 310, 320 and A/4 plate 300 transmit horizontal image light
50 towards the eye 30 paragraph [0050)]) of the polarized light (circularly polarized image light 50 fig. 1)
diffracted by (GPH element 130 diffracts image light 50 paragraph [0044]) the polarization diffraction
element (GPH element 130 fig. 1) and absorbs (polarizing plate 320 absorbs vertical light paragraph
[0042] light not diffracted (external light 40 fig. 1) by the polarization diffraction element (GPH element
130 fig. 1),
wherein the polarization diffraction element (GPH element 130 fig. 1) is a polarization
diffraction lens having a lens function (the GPH element diffracts image light 50, inverts the polarization
and provides a lens effect paragraph [0044]),
Nishiyama does not explicitly disclose in figure 1, a polarizing plate that allows transmission of the
polarized light diffracted by the polarization diffraction element and absorbs light that is emitted from
the image display apparatus, is transmitted through the polarization diffraction element, and is not
diffracted by the polarization diffraction element, and
in a case where a focal length of the polarization diffraction lens is represented by f and a distance between the image display apparatus and the polarization diffraction lens is represented by d,
the image display apparatus is disposed such that a display surface of the image display apparatus is perpendicular to a visual line direction of a user.
However Dahmani discloses in at least figures 1-2, a polarizing plate (polarizer 9 fig. 1) that
allows transmission of the polarized light diffracted (diffracted beam 4 is polarized col. 2 lines 45-47 and
is transmitted by polarizer 9 col. 3 lines 36-41) by the polarization diffraction element (beam 4 is
diffracted by hologram 2 fig. 1) and absorbs light (the polarizer simultaneously absorbs the zero order
beam 3 col. 3 lines 40-41) that is emitted from the image display apparatus (the beams 3 and 4 parts of
the light emitted from source 13 fig. 2), is transmitted through the polarization diffraction element (the
light from source 13 is transmitted through the hologram 2 fig. 2), and is not diffracted by the
polarization diffraction element (beam 3 is not diffracted by hologram 2 fig. 1).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to use a polarizer as taught by Dahmani in the optical apparatus of Nishiyama. The
light which emerges from the polarizer is then completely rid of the zero order beam (col. 3 lines 44-45).
Additionally Edwin discloses in at least figure 10F and 10G, in a case where a focal length (focal
distance f paragraph [0272]) of the polarization diffraction lens (diffractive waveplate lens array 1012
fig. 10F causes the convergence or divergence of polarized light and inner lens 1016 fig. 10G is
configured to modify the divergence of the light emitted from the display paragraph [0272]) is
represented by f length (inner lens 1016 focal length paragraph [0272]) and a distance between (focal
distance f paragraph [0272]) image display apparatus (transparent emissive display 1010 fig. 10 F) and
the polarization diffraction lens (diffractive waveplate lens array 1012 fig. 10 F causes the convergence
or divergence of polarized light and inner lens 1016 fig. 10G is configured to modify the divergence of
the light emitted from the display paragraph [0272]) is represented by d (focal distance f paragraph
[0272]), d ≤ Fis satisfied (the inner lens 1016 may have a focal length, f, and may be disposed at this
focal distance, f, away from the transparent emissive display 1010 paragraph [0272], resulting in d=f).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to have d ≤ f as taught by Edwin for optical apparatus of Nishiyama. The distance
being equal to the focal length allows for the light emitted from the emitters in the transparent emissive
display to be collimated (paragraph [0272]).
Further Nishiyama discloses another embodiment of the optical apparatus in figure 18, the image display apparatus (projector 110 fig. 18) is disposed such that (the projector 110 has a display surface along the y direction as shown below in fig. 18) a display surface (display surface as shown below in fig. 18) of the image display apparatus (projector 110 fig. 18) is perpendicular (the display surface in the y direction is perpendicular to the image light 50 entering the eye 30 as shown below in fig. 18) to a visual line direction (the image light 50 enters the eye 30 along the x direction as shown below in fig. 18) of a user (eye of the user 30 fig. 18).
Therefore it would be obvious for one skilled in the art before the effective filling date of the
claimed invention to have the display surface perpendicular to the visual line direction of the user as taught by Nishiyama figure 18 in the optical apparatus Nishiyama figure 1. Figure 18 is a different embodiment of figure 1 and shows a different orientation of the display surface where is perpendicular.
PNG
media_image3.png
693
748
media_image3.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Robbins et al. (US 20180129048 A1) discloses a hologram focus accommodation with a display surface perpendicular to the user.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW R WRIGHT whose telephone number is (703)756-5822. The examiner can normally be reached Mon-Thurs 7:30-5 Friday 8-12.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at 1-571-270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW R WRIGHT/Examiner, Art Unit 2872
/PINPING SUN/Supervisory Patent Examiner, Art Unit 2872
Prosecution Insights