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 .
Status
The filing on 11/05/2025 amended claims 24, 26, 45. Claims 24-46 are pending and rejected.
Objection/s to the Application, Drawings and Claims
The filing on 11/05/2025 appropriately amended the title; hence the objections to the title made in the last office action are withdrawn.
Claim Rejections – 35 USC § 102
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 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.
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 24-33, 37-40, 42, 45, and 46 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Nicholson (US 20200249483 A1).
Regarding claim 24, Nicholson teaches an optical system (Fig. 1-4) for a virtual retinal scan display, comprising: an image source which provides an image content in the form of image data; an image-processing device (processor) for the image data; a projector unit (120; 220) having a light source (121-123; 221-223), able to be temporally modulated, configured to generate at least one light beam, and having a controllable deflecting device (125; 225) for the at least one light beam for a scanning projection of the image content; a diverting unit (112, 160 as an unit; 210, 260 as an unit) onto which the image content is able to be projected, and which is equipped to direct the projected image content onto an eye (280) of a user; an optical segmentation element (130, 140 and/or 150; 230, 240 and/or 250; 330, 335 and/or 340), positioned between the projector unit (120; 220) and the diverting unit (112, 160 as an unit; 210, 260 as an unit), using which the image content is projectable via different imaging paths onto at least one projection region of the diverting unit (112, 160 as an unit; 210, 260 as an unit), at least individual ones of the imaging paths being controllable individually; and an optical replication component (160; 260) disposed in the at least one projection region of the diverting unit (112, 160 as an unit; 210, 260 as an unit) and equipped to direct the projected image content, replicated and spatially offset, onto the eye (280) of the user, so that a plurality of mutually spatially offset exit pupils having the image content is produced ([0059]); wherein the optical replication component (160; 260) forms at least one part of the diverting unit (112, 160 as an unit; 210, 260 as an unit).
Regarding claim 25, Nicholson further teaches the image-processing device (processor) is equipped to generate sub-image data (different portions of an image; [0059], [0086]) from the image data of the image source to control the projector unit (120; 220), the sub-image data permitting projection of the image content via at least two different imaging paths of the individually controllable imaging paths onto at least one projection region of the diverting unit (112, 160 as an unit; 210, 260 as an unit), and the image-processing device (processor) is equipped to generate different sub-image data for the at least two different imaging paths, so that a distortion (aberrations and artifacts) of the image content is compensated for at least to some extent via the respective imaging path ([0059], [0074]).
Regarding claim 26, Nicholson further teaches wherein the image-processing device (processor) is equipped to generate sub-image data from the image data of the image source, the sub-image data permitting a simultaneous projection of N×M sub-images (third state; Fig. 2B, 2C; [0013], [0064]-[0074]) having essentially identical image content ([0059], [0086]), and the optical segmentation element (130, 140 and/or 150; 230, 240 and/or 250; 330, 335 and/or 340) performs a spatial segmentation, so that the essentially identical image content of the N×M sub-images is projected via at least two different imaging paths of the individually controllable imaging paths onto the at least one projection region of the diverting unit (112, 160 as an unit; 210, 260 as an unit; [0059], [0085], [0086]).
Regarding claim 27, Nicholson further teaches the image-processing device (processor) is equipped to switch individual imaging paths to active by making the sub-image data for a corresponding sub-image available for controlling the projector unit (120; 220), and to deactivate individual imaging paths by blanking the sub-image data for the corresponding sub-images (Fig. 2B; [0064]-[0068], [0085]-[0086]).
Regarding claim 28, Nicholson further teaches the optical segmentation element (130, 140 and/or 150; 230, 240 and/or 250; 330, 335 and/or 340) is a segmenting lens, or a segmenting mirror, or a segmenting optical diffraction grating, or volume hologram, or a beam splitter (Fig. 2A-3B; [0076]).
Regarding claim 29, Nicholson further teaches the optical segmentation element (130, 140 and/or 150; 230, 240 and/or 250; 330, 335 and/or 340) is a beam-splitter assembly (330 and/or 335; Fig. 3A, 3B) that multiplies the projected image content N×M-fold, so that the image content is able to be projected on N×M different imaging paths onto at least one projection region of the diverting unit (112, 160 as an unit; 210, 260 as an unit), the beam-splitter assembly is assigned at least one optical switch element (330/335) with which at least a portion of the imaging paths is switchable either to active or inactive, and the image-processing device (processor) is equipped to generate sub-image data for controlling the projector unit (120; 220) from the image data of the image source, so that a distortion of the image content is compensated for at least to some extent via the at least one imaging path switched to active ([0059], [0074]).
Regarding claim 30, Nicholson further teaches the optical switch element (330/335) is a component of the beam-splitter assembly (330 and/or 335) or a separate filter element able to be positioned in an output-beam path of the beam-splitter assembly.
Regarding claim 31, Nicholson further teaches the optical switch element (330/335) is an electrically controllable polarization filter and/or an electro-optical modulator and/or an acousto-optical modulator and/or a photo-elastic modulator and/or an optical shutter and/or an electrically controllable liquid lens.
Regarding claim 32, Nicholson further teaches the optical replication component (160; 260) is a layer structure having at least one holographically functionalized layer ([0051]).
Regarding claim 33, Nicholson further teaches the optical replication component (160; 260) is a layer structure having at least two layers, disposed one above the other, having different holographic functions, whereby the plurality of mutually spatially offset exit pupils is produced ([0051]).
Regarding claim 37, Nicholson further teaches an eye (280)-tracker device ([0020], [0028], [0060], [0082]) configured to detect and/or determine a state of the eye (280) of the user, the state of the eye (280) including: an eye movement, and/or a speed of the eye movement, and/or a pupil position, and/or a pupil size, and/or a viewing direction, and/or a state of accommodation, and/or a fixation distance of the eye (280; [0020], [0028], [0060], [0082]).
Regarding claim 38, Nicholson further teaches individual imaging paths are controllable and are able to be activated and deactivated as a function of the detected state of the eye (280) of the user ([0020], [0028], [0060], [0082]).
Regarding claim 39, Nicholson further teaches the activation and deactivation of the individual imaging paths and a configuration of the at least one optical segmentation element (130, 140 and/or 150; 230, 240 and/or 250; 330, 335 and/or 340) and the optical replication component (160; 260) are matched to each other in such a way that only one exit pupil is ever produced in a region of the pupil of the user per activated imaging path, a largest likely pupil diameter being taken as a basis ([0042]).
Regarding claim 40, Nicholson further teaches the image-processing device (processor) is equipped to take into account the detected state of the eye (280) of the user when generating sub-image data and/or to consider which imaging paths are activated and which imaging paths are deactivated in order to compensate for variations in brightness caused as a result in an image impression, i.e., only one exit pupil is activated ([0020], [0028], [0060], [0061], [0082]).
Regarding claim 42, Nicholson further teaches a pair of smart glasses having a frame (Fig. 1) and lenses (112), wherein the at least one projector unit (120; 220) and the at least one optical segmentation element (130, 140 and/or 150; 230, 240 and/or 250; 330, 335 and/or 340) are mounted on the frame, and the at least one diverting unit (112, 160 as an unit; 210, 260 as an unit) together with the at least one optical replication component (160; 260) is integrated in at least one lens (112; Fig. 1, 2A-C).
Regarding claim 45, Nicholson teaches a method for projecting image contents onto a retina of a user using an optical system (Fig. 1-4) which includes: an image source which provides an image content in the form of image data, an image-processing device (processor) for the image data, a projector unit (120; 220) having a light source (121-123; 221-223), able to be modulated temporally, configured to generate at least one light beam, and having a controllable deflecting device (125; 225) for the at least one light beam for a scanning projection of the image content, a diverting unit (112, 160 as an unit; 210, 260 as an unit) onto which the image content is projected, and which directs the projected image content onto an eye (280) of a user, an optical segmentation element (130, 140 and/or 150; 230, 240 and/or 250; 330, 335 and/or 340) positioned between the projector unit (120; 220) and the diverting unit (112, 160 as an unit; 210, 260 as an unit), and an optical replication component (160; 260) disposed in a projection region of the diverting unit (112, 160 as an unit; 210, 260 as an unit), the method comprising the following steps: projecting the image content using the optical segmentation element (130, 140 and/or 150; 230, 240 and/or 250; 330, 335 and/or 340) via different imaging paths onto at least one projection region of the diverting unit (112, 160 as an unit; 210, 260 as an unit), at least individual imaging paths being controlled individually; and replicating the projected image content using the optical replication component (160; 260) and directing the replicated image content, spatially offset, onto the eye (280) of the user, so that a plurality of mutually spatially offset exit pupils having the image content is produced ([0059]); wherein the optical replication component (160; 260) forms at least one part of the diverting unit (112, 160 as an unit; 210, 260 as an unit).
Regarding claim 46, Nicholson further teaches sub-image data for controlling the projector unit (120; 220) are generated from the image data of the image source, the sub-image data permitting projection of the image content via different imaging paths onto at least one projection region of the diverting unit (112, 160 as an unit; 210, 260 as an unit), and different sub-image data are generated for at least two different respective imaging paths, so that a distortion (aberrations and artifacts) of the image content is compensated for at least to some extent via the respective imaging path ([0059], [0074]).
Claim Rejections - AIA 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 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.
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.
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 of this title, 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 34 is rejected under 35 U.S.C. 103 as being unpatentable over Nicholson in view of Ha (US 20180292652 A1).
Regarding claim 34, Nicholson further teaches the optical replication component (160; 260) includes at least one layer in which at least two different holographic functions (reflect and converge; [0051]) are realized,
Nicholson does not explicitly teach the different holographic functions are formed in one common plane but in different intermittent zones of the layer, using which the plurality of mutually spatially offset exit pupils is produced.
Ha teaches the different holographic functions are formed in one common plane but in different intermittent zones of the layer, using which the plurality of mutually spatially offset exit pupils is produced (Fig. 2A, 2B; [0050]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Nicholson with Ha; because it allows the environment light to be transmitted without interference from the holographic reflectors.
Claims 35 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Nicholson in view of Bailey (US 20170219829 A1).
Regarding claim 35, Nicholson further teaches the at least one optical segmentation element (130, 140 and/or 150; 230, 240 and/or 250; 330, 335 and/or 340) and the optical replication component (160; 260) are configured in such a way that the exit pupils thus produced are disposed in a raster ([0046]),
Nicholson does not explicitly teach a distance between each two directly and/or diagonally adjacent exit pupils being less than a smallest likely pupil diameter of the user.
Bailey teaches a distance between each two directly and/or diagonally adjacent exit pupils being less than a smallest likely pupil diameter of the user ([0030]-[0040]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Nicholson with Bailey; because it prevents the eye not seeing image/s from the exit pupils.
Regarding claim 36, Nicholson further teaches the at least one optical segmentation element (130, 140 and/or 150; 230, 240 and/or 250; 330, 335 and/or 340) and the optical replication component (160; 260) are configured in such a way that only one exit pupil for an entrance pupil of the eye, but does not explicitly teach the distance between the adjacent exit pupils.
Bailey teaches a distance between each two directly and/or diagonally adjacent exit pupils being less than a smallest likely pupil diameter of the user ([0030]-[0040]).
The combination of Nicholson and Bailey consequently results in any distance between two non-adjacent exit pupils produced on one common imaging path is greater than a greatest likely pupil diameter of the user.
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Nicholson with Bailey; because it prevents the eye not seeing image/s from the exit pupils.
Claim 41 is rejected under 35 U.S.C. 103 as being unpatentable over Nicholson in view of Macnamara (US 20180136486 A1).
Regarding claim 41, Nicholson does not explicitly teach the image-processing device equipped to take into account and to compensate for a defective vision and/or defective accommodation of the user when generating the sub-image data.
Macnamara teaches the image-processing device equipped to take into account and to compensate for a defective vision and/or defective accommodation of the user when generating the sub-image data ([0016], [0082], [0089], [0095]-[0097], [0174]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Nicholson with Macnamara; because it allows vision correction to improve the user’s viewing experience.
Claims 43 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Nicholson in view of Welch (US 20150346495 A1).
Regarding claim 43, Nicholson does not explicitly teach the image source disposed together with the image-processing device (processor) in an external unit, and the sub-image data are transmitted from the external unit to the projector unit (120; 220) of the smart glasses.
Welch teaches the image source disposed together with the image-processing device (70) in an external unit, and the sub-image data are transmitted from the external unit to the projector unit of the smart glasses (Fig. 4A-4D; [0046]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Nicholson with Welch; because it allows weight reduction in the frame.
Regarding claim 44, Nicholson does not explicitly teach the image source is disposed in an external unit, the image-processing device (processor) is mounted together with the projector unit (120; 220) on the frame, and the image data are transmitted from the external unit to the image-processing device (processor) of the smart glasses.
Welch teaches the image source is disposed in an external unit (76, 78), the image-processing device (70) is mounted together with the projector unit (500) on the frame, and the image data are transmitted from the external unit to the image-processing device (70) of the smart glasses (Fig. 4A-4D; [0046]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Nicholson with Welch; because it improves portability.
Response to Arguments
Applicant's arguments with respect to claim 1 have been considered but are moot in view of the new interpretation of the Nicholson reference.
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 extension fee 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.
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Primary Examiner, Art Unit 2882