Prosecution Insights
Last updated: April 19, 2026
Application No. 18/212,354

NEAR-EYE DISPLAY DEVICE AND WEARABLE DEVICE HAVING THE SAME

Final Rejection §103
Filed
Jun 21, 2023
Examiner
CHANG, AUDREY Y
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Lingxi-Ar Technology Co. Ltd.
OA Round
2 (Final)
47%
Grant Probability
Moderate
3-4
OA Rounds
3y 4m
To Grant
68%
With Interview

Examiner Intelligence

Grants 47% of resolved cases
47%
Career Allow Rate
585 granted / 1249 resolved
-21.2% vs TC avg
Strong +21% interview lift
Without
With
+20.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
60 currently pending
Career history
1309
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
48.9%
+8.9% vs TC avg
§102
11.0%
-29.0% vs TC avg
§112
33.7%
-6.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1249 resolved cases

Office Action

§103
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 . Remark This Office Action is 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 and 17. Claims 1-20 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) 1-4, 6, 9-12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US patent application publication by Chriki et al (US 2022/0397766 A1) in view of the US patent issued to Freeman et al (PN. 7,905,603), US patent application publication by Kim et al (US 2021/0318537 A1) and US patent application publication by Osmanis et al (US 2022/0373819 A1). Claim 1 has been amended to necessitate the new grounds of rejection. Chriki et al teaches, with claim 1, a head mounted display that serves as the near-eye display device, (please see Figures 1B and 2A), that is comprised of a laser display engine (70 Figure 1B or 570, Figure 4) serves as the laser generation module and an optical waveguide element (530 and 630, Figure 4) wherein the laser generation module is configured to emit laser beams, the optical waveguide element has an in-coupler area (550, Figure 4) and an out-coupler area (40), the optical waveguide element is configured to receive the laser beams and output the laser beams in parallel after two dimensional pupil expansion, (536, please see 4). This reference has met all the limitations of the claims. It however does not teach explicitly that the laser generation module emits parallel laser beam and the parallel beams are received and transmitted in the waveguide element. Freeman et al in the same field of endeavor teaches a waveguide display device that is comprised of a laser display module (302, Figures 3A and 3B) that is comprised of a collimating lens (322) that is configured to emit parallel light or collimated laser beams to be received by the input reflector (110) and outputted by the output coupling reflectors (112). It would then have been obvious to one skilled in the art to apply the teachings of Freeman et al to modify the near-eye display of Chriki et al to alternatively make the laser display engine to emit collimated or parallel laser beams for displaying the image. These references further fails to teach a holographic optical element that is attached to the out-coupler. Kim et al in the same field of endeavor teaches a wide angle augmented reality display that is comprised of a holographic optical element (710, Figure 7) that is attached to the outcoupling half mirrors (708) to expand the eye box while maintaining the field of view, (please see paragraph [0035]). The holographic optical element implicitly has interference fringes and it attached to the out-coupler area (708), wherein the holographic optical element is configured to receive the parallel laser beams from the optical waveguide element and to reflect or transmit the laser beams by diffraction output a plurality of converging image light beams, (714, Figure 7). It would then have been obvious to one skilled in the art to apply the teachings of Kim et al to modify the near-eye display of Chriki et al to include a holographic optical element for the benefit of expanding the eye box. Claim 1 has been amended to include the phrase “wherein the laser generation module and holographic optical elements cooperate to achieve small-aperture imaging”. These references do not teach such explicitly. Osmanis et al in the same field of endeavor teaches a near-eye display apparatus that is comprised of a laser light source (102, Figure 1) and holographic output elements (126) that provides a large depth of field, (please see paragraph [0065]), that corresponds to a small-aperture imaging. It would then have been obvious to one skilled in the art to apply the teachings of Osmanis et al to modify the near-eye display device of Chriki et al to make it have a small-aperture or large depth of field imaging arrangement. With regard to claim 2, Chriki et al teaches that the optical waveguide element of the near-eye display device comprises an in-put coupler module (550, Figure 4), a coupler (540) serves as the turning module and an out-coupler module (40), sequentially arranged along a light transmission direction, the in-punt coupler module (550) is configured to couple the parallel laser beams into the turning module (540), the turning module is configured to change in propagation direction of the parallel laser beams and to achieve pupil expansion of the parallel beam in the first direction (i.e. X-axis direction) and the out-coupler module (40) is configured to achieve pupil expansion of the parallel laser beams in a second direction (i.e. negative Y-axis direction) after the pupil expansion in the first direction and to output the laser beams the second direction is at an angle of the first direction. With regard to claim 3, Chriki et al teaches that the turning module comprises a first waveguide substrate (530, Figure 4) and a first beam-splitting structure (540) formed within the first waveguide substate, the first beam-splitting structure comprises a plurality of first beam splitting films (542, partial transmission and partial reflection) spaced along the first direction, (i.e. X-axis direction). The out-coupler module (40) comprises a second waveguide substrate (630) and a second beam-splitting structure formed within the second waveguide substrate, the second beam-splitting structure comprises a plurality of second beam-splitting firms (42) spaced along the second direction, (i.e. negative Y-axis direction). With regard to claim 4, Kim et al teaches that the holographic optical elements (710, Figure 7) that provides converged images at viewpoints (714) implicitly includes a plurality of portions that corresponds to each half-mirror (708, Figure 7). This means the holographic optical elements may implicitly include a plurality of holographic lenses for providing the multiple Maxwellian display viewpoints (714). The holographic optical element implicitly has interference fringes formed thereon for receiving light beam reflected from a corresponding second beam splitting film and outputting the image beams. With regard to claim 6, Chriki et al teaches that the turning module (540, Figure 4) is located above the out-coupler module (40). With regard to claim 9, Freeman et al teaches the laser generation module comprises a laser generation body (302, Figure 3B) comprises a light source and beam combiner (please see Figure 3B), a collimation module (322) and scanning module (326) arranged in sequence along a light propagation path. Freeman et al teaches that the light source is an RGB tree color light source (306, 308 and 310), the light beam emitted by the light source is integrated by the beam combiner and then passes through the scanning module and the collimation module in sequence to form the parallel laser beams. With regard to claim 10, Chriki et al teaches that the optical waveguide element of the near-eye display device comprises an in-put coupler module (550, Figure 4), a coupler (540) serves as the turning module and an out-coupler module (40), sequentially arranged along a light transmission direction, the in-punt coupler module (550) is configured to couple the parallel laser beams into the turning module (540), the turning module is configured to change in propagation direction of the parallel laser beams and to achieve pupil expansion of the parallel beam in the first direction (i.e. X-axis direction) and the out-coupler module (40) is configured to achieve pupil expansion of the parallel laser beams in a second direction (i.e. negative Y-axis direction) after the pupil expansion in the first direction and to output the laser beams the second direction is at an angle of the first direction. With regard to claim 11, Chriki et al teaches that the turning module comprises a first waveguide substrate (530, Figure 4) and a first beam-splitting structure (540) formed within the first waveguide substate, the first beam-splitting structure comprises a plurality of first beam splitting films (542, partial transmission and partial reflection) spaced along the first direction, (i.e. X-axis direction). The out-coupler module (40) comprises a second waveguide substrate (630) and a second beam-splitting structure formed within the second waveguide substrate, the second beam-splitting structure comprises a plurality of second beam-splitting firms (42) spaced along the second direction, (i.e. negative Y-axis direction). With regard to claim 12, Kim et al teaches that the holographic optical elements (710, Figure 7) that provides converged images at viewpoints (714) implicitly includes a plurality of portions that corresponds to each half-mirror (708, Figure 7). This means the holographic optical elements may implicitly include a plurality of holographic lenses for providing the multiple Maxwellian display viewpoints (714). The holographic optical element implicitly has interference fringes formed thereon for receiving light beam reflected from a corresponding second beam splitting film and outputting the image beams. With regard to claim 14, Chriki et al teaches that the turning module (540, Figure 4) is located above the out-coupler module (40). Claim(s) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chriki et al, Kim et al, Freeman et al and Osmanis et al as applied to claims 1 and 9 above, and further in view of the US patent issued to Brandstetter et al (PN. 5,615,022). The near-eye display device taught by Chriki et al in combination with the teachings of Kim et al, Freeman et al and Osmanis et al as described in claim 1 and 9 above has met all the limitations of the claims. With regard to claims 5 and 13, these references do not teach explicitly a holographic lens recording system. Brandstetter et al in the same field of endeavor teaches a system and method for fabricating a holographic element wherein the system is comprised a first lens (34, Figure 1), a second lens (36), a holographic recording medium (28), including a holographic film and a substrate, and a third lens (24). The holographic film is attached to the substrate, a signal light is collimated by the first lens (34) and is focused on the holographic film through the second lens (36) and the substrate, a reference light is incident on the holographic film to obtain a parallel reference light. Brandstetter et al teaches that the substrate may be glass plate, (please see column 1, lines 33-34). The parallel light is incident on the holographic film and coherent with the signal light to form the interferent fringes, (please see Figure 1, column 1, lines 14-41). It would then have been obvious to one skilled in the art to apply the teachings of Brandstetter et al to provide actual manufacture system and method for making the holographic optical element. Claim(s) 7, 8 and 15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chriki et al, Kim et al, Freeman et al and Osmanis et al as applied to claims 1 and 9 above, and further in view of US patent application publication by Danziger et al (US 2019/0227215 A1). The near-eye display device taught by Chriki et al in combination with the teachings of Kim et al, Freeman et al and Osmanis et al as described in claim 1 and 9 above has met all the limitations of the claims. With regard to claims 7 and 15, Chriki et al teaches that the turning module (540, Figure 4), may be located at the one end in the lengthwise direction of the out-coupler module. Chriki et al teaches that the in-coupler module is a triangular prism (550, Figure 4) and the light emitting surface of the triangular prism is attached to the light incident surface of the waveguide. This reference however does not teach explicitly that the waveguide has a tapered portion. Danziger et al in the same field of endeavor teaches a light guide optical element that is comprised of a lightguide (16, Figure 3) with a tapered portion and a coupling-in arrangement with a triangular prism (16P). The tapered portion has an oblique surface as light incident surface. The tapered portion is at side of the lightguide away from the output coupler module (12). The light emitting surface of the triangular prism is attached to the light incident surface of the tapered portion so that the triangular prism (16P) and the tapered portion form a triangular structure. It would then have been obvious to one skilled in the art to apply the teachings of Danziger et al to make the waveguide having a tapered portion that with the triangular prism input coupler to form a triangular structure. With regard to claims 8 and 16, Danziger et al teaches that the triangular structure away from the out-coupler module has an apex angle. It however does not teach explicitly that the apex angle is twice of a tilt angle of the second beam splitting film. This phrase is either implicitly included or obvious modification by one skilled in the art since the Danziger et al does teach that the light incident through the triangular prism input coupling structure and the tapered portion of the waveguide, indeed is transmitted to the output coupling structure (12) and outputted from the lightguide to the eye of the observer. Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over the US patent application publication by Chriki et al (US 20220397766 A1) in view of the US patent issued to Freeman et al (PN. 7,905,603), US patent application publication by Kim et al (US 2021/0318537 A1) and Osmanis et al (US 2022/0373819 A1). Claim 17 has been amended to necessitate the new grounds of rejection. Chriki et al teaches, with regard to claim 17, a head mounted display serves as the wearable device comprising a near eye display device, wherein the near eye display device that is comprised of a laser display serves as the laser generation module (570, Figure 4), and an optical waveguide element (530 and 630). The optical waveguide has an in-coupler area (550) and an out-coupler area (40) the optical waveguide element is configured to receive the laser beam and output the laser beams after two dimensional pupil expansion, (please see Figure 4). This reference has met all the limitations. It however does not teach explicitly that the laser generation module is configured to emit parallel laser beams. Freeman et al in the same field of endeavor teaches a waveguide display device that is comprised of a laser display module (302, Figures 3A and 3B) that is comprised of a collimating lens (322) that is configured to emit parallel light or collimated laser beams to be received by the input reflector (110) and outputted by the output coupling reflectors (112). It would then have been obvious to one skilled in the art to apply the teachings of Freeman et al to modify the near-eye display of Chriki et al to alternatively make the laser display engine to emit collimated or parallel laser beams for displaying the image. These references further fails to teach a holographic optical element that is attached to the out-coupler. Kim et al in the same field of endeavor teaches a wide angle augmented reality display that is comprised of a holographic optical element (710, Figure 7) that is attached to the outcoupling half mirrors (708) to expand the eye box while maintaining the field of view, (please see paragraph [0035]). The holographic optical element implicitly has interference fringes and is attached to the out-coupler area (708), wherein the holographic optical element is configured to receive the parallel laser beams from the optical waveguide element and to reflect or transmit the laser beams by diffraction output a plurality of converging image light beams, (714, Figure 7). It would then have been obvious to one skilled in the art to apply the teachings of Kim et al to modify the near-eye display of Chriki et al to include a holographic optical element for the benefit of expanding the eye box. Claim 17 has been amended to include the phrase “wherein the laser generation module and holographic optical elements cooperate to achieve small-aperture imaging”. These references do not teach such explicitly. Osmanis et al in the same field of endeavor teaches a near-eye display apparatus that is comprised of a laser light source (102, Figure 1) and holographic output elements (126) that provides a large depth of field, (please see paragraph [0065]), that corresponds to a small-aperture imaging. It would then have been obvious to one skilled in the art to apply the teachings of Osmanis et al to modify the near-eye display device of Chriki et al to make it have a small-aperture or large depth of field imaging arrangement. With regard to claim 18, Chriki et al teaches that the optical waveguide element of the near-eye display device comprises an in-put coupler module (550, Figure 4), a coupler (540) serves as the turning module and an out-coupler module (40), sequentially arranged along a light transmission direction, the in-punt coupler module (550) is configured to couple the parallel laser beams into the turning module (540), the turning module is configured to change in propagation direction of the parallel laser beams and to achieve pupil expansion of the parallel beam in the first direction (i.e. X-axis direction) and the out-coupler module (40) is configured to achieve pupil expansion of the parallel laser beams in a second direction (i.e. negative Y-axis direction) after the pupil expansion in the first direction and to output the laser beams the second direction is at an angle of the first direction. With regard to claim 19, Chriki et al teaches that the turning module comprises a first waveguide substrate (530, Figure 4) and a first beam-splitting structure (540) formed within the first waveguide substate, the first beam-splitting structure comprises a plurality of first beam splitting films (542, partial transmission and partial reflection) spaced along the first direction, (i.e. X-axis direction). The out-coupler module (40) comprises a second waveguide substrate (630) and a second beam-splitting structure formed within the second waveguide substrate, the second beam-splitting structure comprises a plurality of second beam-splitting firms (42) spaced along the second direction, (i.e. negative Y-axis direction). With regard to claim 20, Kim et al teaches that the holographic optical elements (710, Figure 7) that provides converged images at viewpoints (714) implicitly includes a plurality of portions that corresponds to each half-mirror (708, Figure 7). This means the holographic optical elements may implicitly include a plurality of holographic lenses for providing the multiple Maxwellian display viewpoints (714). The holographic optical element implicitly has interference fringes formed thereon for receiving light beam reflected from a corresponding second beam splitting film and outputting the image beams. Response to Arguments Applicant's arguments filed on November 20, 2025, have been fully considered but they are not persuasive. The newly amended claims have been fully considered and they are rejected for the reasons set forth above. In response to applicant’s arguments concerning the newly amended feature, the newly cited Osmanis et al reference indeed teaches the laser light source input parallel light into a waveguide and the holographic optical output element together with the laser light source provide large depth of field or small aperture imaging arrangement. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREY Y CHANG whose telephone number is (571)272-2309. The examiner can normally be reached M-TH 9:00AM-4:30PM. 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, Stephone B Allen can be reached at 571-272-2434. 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. AUDREY Y. CHANG Primary Examiner Art Unit 2872 /AUDREY Y CHANG/ Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Jun 21, 2023
Application Filed
Jul 21, 2025
Non-Final Rejection — §103
Nov 20, 2025
Response Filed
Dec 15, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
47%
Grant Probability
68%
With Interview (+20.9%)
3y 4m
Median Time to Grant
Moderate
PTA Risk
Based on 1249 resolved cases by this examiner. Grant probability derived from career allow rate.

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