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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,682,880. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader than the patent and all aspects of the instant claims are wholly encompassed and thus anticipated by the patented claims, as seen by the chart below.
Instant Application
US Patent US 11,682,880
21. A method, comprising:
determining a target voltage level for a laser diode operably coupled to a laser diode driver in a head wearable display device based at least in part on a load condition,
wherein the load condition is based at least in part on a frame buffer load; and
providing the target voltage level to the laser diode.
1. A method for voltage control at a head wearable display device, comprising:
determining a load condition based at least in part on a frame to be displayed at the head wearable display device;
determining a target voltage level for a laser diode operably coupled to a laser diode driver associated with the head wearable display device based at least in part on the load condition; and
providing the target voltage level for the laser diode based at least in part on a base voltage level.
Claim Rejections - 35 USC § 102
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.
Claims 21-23, 25-27, 30-33, 35-36 and 39-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Melville (US 2019/0155019).
As per claim 21 Melville discloses: A method, comprising:
determining a target voltage level for a laser diode 1540A-C / 1675A-C operably coupled to a laser diode driver 1535A-C / 1670A-C in a head wearable display device 100 based at least in part on a load condition, wherein the load condition is based at least in part on a frame buffer load; and providing the target voltage level to the laser diode 1540A-C / 1675A-C { figures 15-16 & [0079] The random access read circuit 1515 provides digital pixel information for three colors (e.g., red, green, and blue) to digital to analog converters 1530A, 1530B, and 1530C, which provide analog outputs to laser drive amplifiers 1535A, 1535B, and 1535C to provide current/voltage to laser diodes 1540A, 1540B, and 1540C. Also see [0084].}.
As per claim 22 Melville discloses: The method of claim 21, wherein the frame buffer load is associated with a number of pixels of a frame in a frame buffer of an image signal processor 1525 in the head wearable display device 100 {[0079] The address sequence generated by spiral scan address sequence generator 1510 is provided to random access read circuit 1515 which obtains pixel information from a frame buffer 1520 according to the address sequence. Frame buffer 1520 optionally resides within a graphics processing unit 1525. Also see [0084].}.
As per claim 23 Melville discloses: The method of claim 22, wherein the frame buffer load corresponds to pixel colors associated with the number of pixels { [0079] The random access read circuit 1515 provides digital pixel information for three colors (e.g., red, green, and blue) to digital to analog converters 1530A, 1530B, and 1530C, which provide analog outputs to laser drive amplifiers 1535A, 1535B, and 1535C to provide current/voltage to laser diodes 1540A, 1540B, and 1540C. Also see [0084].}.
As per claim 25 Melville discloses: The method of claim 21, wherein providing the target voltage level to the laser diode 1540A-C / 1675A-C is based at least in part on a base voltage level { Note: “a base voltage level” (emphasis added) is not set forth with enough specificity to distinguish over the disclosed voltage of the applied prior art. [0079] The random access read circuit 1515 provides digital pixel information for three colors (e.g., red, green, and blue) to digital to analog converters 1530A, 1530B, and 1530C, which provide analog outputs to laser drive amplifiers 1535A, 1535B, and 1535C to provide current/voltage to laser diodes 1540A, 1540B, and 1540C. Also see [0084].}.
As per claim 26 Melville discloses: The method of claim 25, further comprising: selecting the base voltage level for the laser diode 1540A-C / 1675A-C based at least in part on a power configuration associated with the laser diode 1540A-C / 1675A-C { figures 15-16 & [0079] The random access read circuit 1515 provides digital pixel information for three colors (e.g., red, green, and blue) to digital to analog converters 1530A, 1530B, and 1530C, which provide analog outputs to laser drive amplifiers 1535A, 1535B, and 1535C to provide current/voltage to laser diodes 1540A, 1540B, and 1540C. Also see [0084].}.
As per claim 27 Melville discloses: The method of claim 26, further comprising: determining a set of base voltage levels based at least in part on the power configuration, wherein each base voltage level of the set of base voltages levels corresponds to a respective load condition, wherein selecting the base voltage level for the laser diode 1540A-C / 1675A-C is based at least in part on the load condition { figures 15-16 & [0079] The random access read circuit 1515 provides digital pixel information for three colors (e.g., red, green, and blue) to digital to analog converters 1530A, 1530B, and 1530C, which provide analog outputs to laser drive amplifiers 1535A, 1535B, and 1535C to provide current/voltage to laser diodes 1540A, 1540B, and 1540C. Also see [0084].}.
As per claim 30 Melville discloses: A head wearable display device 100 comprising: a laser diode 1540A-C / 1675A-C; a laser diode driver 1535A-C / 1670A-C operably coupled to the laser diode 1540A-C / 1675A-C; and a processor 1525 operably coupled to the laser diode driver 1535A-C / 1670A-C, the processor 1525 to: determine a target voltage level for the laser diode 1540A-C / 1675A-C based at least in part on a load condition, wherein the load condition is based at least in part on a frame buffer load; and provide the target voltage level to the laser diode 1540A-C / 1675A-C { figures 15-16 & [0079] The random access read circuit 1515 provides digital pixel information for three colors (e.g., red, green, and blue) to digital to analog converters 1530A, 1530B, and 1530C, which provide analog outputs to laser drive amplifiers 1535A, 1535B, and 1535C to provide current/voltage to laser diodes 1540A, 1540B, and 1540C. Also see [0084].}.
As per claim 31 Melville discloses: The head wearable display device 100 of claim 30, further comprising: a frame buffer, wherein the frame buffer load is associated with a number of pixels of a frame stored in the frame buffer {[0079] The address sequence generated by spiral scan address sequence generator 1510 is provided to random access read circuit 1515 which obtains pixel information from a frame buffer 1520 according to the address sequence. Frame buffer 1520 optionally resides within a graphics processing unit 1525. Also see [0084].}.
As per claim 32 Melville discloses: The head wearable display device 100 of claim 31, wherein the frame buffer load corresponds to pixel colors associated with the number of pixels { [0079] The random access read circuit 1515 provides digital pixel information for three colors (e.g., red, green, and blue) to digital to analog converters 1530A, 1530B, and 1530C, which provide analog outputs to laser drive amplifiers 1535A, 1535B, and 1535C to provide current/voltage to laser diodes 1540A, 1540B, and 1540C. Also see [0084].}.
As per claim 33 Melville discloses: The head wearable display device 100 of claim 31, the processor 1525 to determine the load condition based at least in part on the frame stored in the frame buffer { figures 15-16 & [0079] The random access read circuit 1515 provides digital pixel information for three colors (e.g., red, green, and blue) to digital to analog converters 1530A, 1530B, and 1530C, which provide analog outputs to laser drive amplifiers 1535A, 1535B, and 1535C to provide current/voltage to laser diodes 1540A, 1540B, and 1540C. Also see [0084].}.
As per claim 35 Melville discloses: The head wearable display device 100 of claim 30, wherein providing the target voltage level to the laser diode 1540A-C / 1675A-C is based at least in part on a base voltage level { figures 15-16 & [0079] The random access read circuit 1515 provides digital pixel information for three colors (e.g., red, green, and blue) to digital to analog converters 1530A, 1530B, and 1530C, which provide analog outputs to laser drive amplifiers 1535A, 1535B, and 1535C to provide current/voltage to laser diodes 1540A, 1540B, and 1540C. Also see [0084].}.
As per claim 36 Melville discloses: The head wearable display device 100 of claim 35, the processor 1525 to select the base voltage level for the laser diode 1540A-C / 1675A-C based at least in part on a power configuration associated with the laser diode 1540A-C / 1675A-C { figures 15-16 & [0079] The random access read circuit 1515 provides digital pixel information for three colors (e.g., red, green, and blue) to digital to analog converters 1530A, 1530B, and 1530C, which provide analog outputs to laser drive amplifiers 1535A, 1535B, and 1535C to provide current/voltage to laser diodes 1540A, 1540B, and 1540C. Also see [0084].}.
As per claim 39 Melville discloses: An image signal processor 1525 for a head wearable display device 100, the image signal processor 1525 to: determine a target voltage level for a laser diode 1540A-C / 1675A-C operably coupled to a laser diode driver 1535A-C / 1670A-C in the head wearable display device 100 based at least in part on a load condition, wherein the load condition is based at least in part on a frame buffer load; and provide the target voltage level to the laser diode 1540A-C / 1675A-C { figures 15-16 & [0079] The random access read circuit 1515 provides digital pixel information for three colors (e.g., red, green, and blue) to digital to analog converters 1530A, 1530B, and 1530C, which provide analog outputs to laser drive amplifiers 1535A, 1535B, and 1535C to provide current/voltage to laser diodes 1540A, 1540B, and 1540C. Also see [0084].}.
As per claim 40 Melville discloses: The image signal processor 1525 of claim 39, wherein the frame buffer load is associated with a number of pixels of a frame in a frame buffer of the image signal processor 1525 {[0079] The address sequence generated by spiral scan address sequence generator 1510 is provided to random access read circuit 1515 which obtains pixel information from a frame buffer 1520 according to the address sequence. Frame buffer 1520 optionally resides within a graphics processing unit 1525. Also see [0084].}.
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 24 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Melville (US 2019/0155019) in view of KIM et al (US 2015/0138224).
Regarding claim 24 Melville is silent as to: The method of claim 21, wherein determining the target voltage level comprises referencing a voltage table comprising a set of target voltage levels comprising the target voltage level. Regarding claim 34 Melville is silent as to: The head wearable display device 100 of claim 30, the processor 1525 to determine the target voltage level by referencing a voltage table comprising a set of target voltage levels comprising the target voltage level.
With respect to claims 24 and 34 Kim et al discloses: [0167] The control unit 110 determines the supply voltage using interpolation for a light transmittance which is not indicated in Table 2. The supply voltages of Table 2 are those in a state where a residual capacity of the power supply unit 180 or a battery of the head-mounted display device 100 is normal. When the residual capacity of the battery of the head-mounted display device 100 is insufficient (for example, in a low-battery state), the control unit 110 determines a supply voltage which is different from that in Table 2 to correspond to the determined light transmittance. & [0169] It may be easily understood by a person ordinarily skilled in the art that the supply voltages in Table 2 may be changed to correspond to the performances and structure of the head-mounted display device 100.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the method of Melville with a voltage table as taught by Kim et al. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a method with a voltage table to determine sufficient power, battery and supply voltages, to correspond to light transmittance and performance of the device. See [0167] & [0169] of Kim et al.
Allowable Subject Matter
Claims 28-29 and 37-38 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.
Response to Arguments
Applicant's arguments filed July 17, 2026 have been fully considered but they are not persuasive. Applicant asserts the following in the paragraph bridging pages
A review of the above-reproduced passages of Melville (and figures 15 and 16 of Melville) reveals that Melville merely discloses that the disclosed system has a frame buffer, which may optionally reside within a graphics processing unit, and from which pixel information is obtained by a random access read circuit, which then provides corresponding digital pixel information to digital to analog converters. That is, Melville merely discloses that the pixel information used to drive the laser diodes is obtained from a frame buffer. Nowhere does Melville contemplate a "frame buffer load" for this frame buffer, nor does Melville contemplate that a load condition is based on any such frame buffer load of the frame buffer, and further that this load condition (which is based on the frame buffer load) has any bearing on a target voltage level of a laser diode. That is, the Office has not shown that Melville discloses that a target voltage level of a laser diode is determined in any way based on a frame buffer load, nor in fact does Melville disclose this aspect. As such, Melville necessarily fails to disclose at least the feature of "determining a target voltage level for a laser diode operably coupled to a laser diode driver in a head wearable display device based at least in part on a load condition, wherein the load condition is based at least in part on a frame buffer load' as recited by claim 21 and similarly recited by claims 30 and 39. Melville thus fails to anticipate each and every feature of claims 21, 30, and 39. Claims 21, 30, and 39 are thus novel in view of Melville.
Contrary to applicant’s assertion, Melville does disclose a “frame buffer load”, as claimed. First, applicant does not specifically define the “load condition” and “frame buffer load”. All that is claimed is a “target voltage level” . . . “based at least in part on a load condition”, which is true of any voltage level let alone a target level that has not been specifically defined. Also, “the load condition is based at least in part on a frame buffer load”, which merely equates “a load condition” to “a frame buffer load” without adding any structural or functional limitations to either “load”. Second, Melville does disclose “a frame buffer load” in [0079]. The GPU/Frame buffer “provides” voltage to the laser diodes of Melville and as shown in figure 15 Melville shows 1550 and 1545 having the device based “at least in part on a load”. Therefore, contrary to applicant’s assertion Melville discloses the claimed invention.
Conclusion
THIS ACTION IS MADE FINAL. 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 DAVID D DAVIS whose telephone number is (571)272-7572. The examiner can normally be reached Monday - Friday, 8 a.m. - 4 p.m..
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/DAVID D DAVIS/Primary Examiner, Art Unit 2627
DDD
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