DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to the amendment filed 2/24/2026.
Notice of Pre-AIA or AIA Status
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.
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.
Claims 1-6 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Samec et al. (US20160270656) in view of Sharma et al. (US20220404608).
Regarding claim 1, Samec teaches a method (Samec, figs.1-29, paragraph [0011] “Myopia/Hyperopia/Astigmatism”) comprising:
causing, a waveguide (paragraph [0093] “a waveguide”) associated with a frame of a head-worn display (Samec, paragraph [0007] “a user-wearable diagnostic health system comprising a frame, an augmented reality display attached to the frame”) to generate electromagnetic radiation being refracted by a prescription lens (paragraph [0084] “a light source and wearable optics configured to direct light into the eye of the person wearing said wearable optics to form an image in said eye, said wearable optics configured to provide prescription refractive correction to said image based on an optical prescription for said person's eye.”--- thus, the light source and wearable optics can be generate electromagnetic radiation being refracted by the prescription lens) within the frame to produce a distorted wavefront propagating (Samec, paragraph [1507] “the focus and/or the wavefront of the image may be carefully distorted/changed by selecting the configuration of the lenses for each of the waveguides to produce an appropriate wavefront curvature to the user, thereby correcting for any irregular shape of the cornea, length of the eye, irregular lens shape or the refractive error of the eye or combination of those.”) in a direction toward an eye plane related to a location of an eye of a user (paragraph [0084] “a light source and wearable optics configured to direct light into the eye of the person wearing”; paragraph [0060] “the wearable optic comprise different depth planes, said wearable optics configured to provide different image content at said different depth planes.”; see described above; thus, Samec teaches causing, a waveguide associated with a frame of a head-worn display to generate electromagnetic radiation being refracted by a prescription lens within the frame to produce a distorted wavefront propagating in a direction toward an eye plane related to a location of an eye of a user),
causing a compensation device to generate a compensation wavefront configured to interfere with the distorted wavefront at the eye plane (paragraph [1482], “in some embodiments, the compensating wavefront may modify the phase of the wavefront incident on the optics of the ophthalmic device.”; paragraph [1481] “Astigmatism is a condition wherein light coming into the eye is improperly or partially focused onto the retina. As is schematically illustrated in FIG. 9A, the shape of the eye may be misshaped (usually caused by an irregularly shaped cornea) which causes the resulting image to be both out of focus and distorted”; thus, Samec teaches causing a compensation device to generate a compensation wavefront configured to interfere with the distorted wavefront at the eye plane).
producing a corrected wavefront by using the compensation wavefront at the eye plane (paragraph [1695]“the stored image can be processed to produce corrected wavefronts for projecting to the wearer”; paragraph [1493] “compensating wavefront into the adaptable optics of the display device (62) and/or modify the image generated by the ophthalmic system based on an optical prescription and/or an image modification program”; “the local processing module (70) may execute logic devices configured to modify the VFE or adaptable optics to generate a corrected wavefront, based on the optical prescription, of an image generated by the ophthalmic device and/or ambient light presented to the eye of the use.”; paragraph [1628] “As described above, the image modification programs may include parameters to be applied to the VFE or adaptable optics of the ophthalmic system based on the desired wavefront correction”).
Samec also teaches in paragraph [1488], “In some embodiments, the ophthalmic system may be a patient-worn ophthalmic device as illustrated in FIGS. 3A-3D and 5 that may be implemented for correcting vision defects like myopia, hyperopia, and astigmatism. The ophthalmic device includes a display device (62) that includes a light source (18) configured to project light (38) that is directed into the eyes of a user in a display lens (106) of the display device (62). The ophthalmic device may also direct ambient light from the surrounding world, e.g., in front of the user, to the eyes of the user through display lens (106). The display device (62) also comprises one or more adaptable optics (e.g., variable focus elements or VFEs, electrically reconfigurable reflective or refractive optical elements, etc.). Such adaptable optics may be included in the display lens (106) or located between the display lens (106) and the light source (18) or between the display lens (106) and the eye or elsewhere in the path of light to the eye. The adaptable optics or VFE is an optical element that can be dynamically altered, for example, by applying an electrical signal thereto to change the shape of a wavefront that is incident thereon. The adaptable optics may be a reflective optical element such as a deformable mirror or a transmissive optical element such as a dynamic lens (e.g., a liquid crystal lens, an electro-active lens, a conventional refractive lens with moving elements, a mechanical-deformation-based lens, an electrowetting lens, an elastomeric lens, or a plurality of fluids with different refractive indices). By altering the adaptable optics' shape or other characteristics, the wavefront incident thereon can be changed, for example, to alter the focus of the wavefront as described herein to provide optical correction”; thus, to combine Samec’s figs.1-29, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Samec to have above functions for the purpose of using a waveguide stack comprising a plurality of waveguides configured to provide different focal planes and the wavefront correction (Samec, paragraph [0069-0073]).
Samec does not explicitly teaches wherein performing an image calibration operation based on a measurement of the corrected wavefront at a calibration device configured to measure a wavefront from a corrected lens.
However, Sharma teaches the analogous corresponding implementations for selectively compensating for corrective lenses applied to display devices during testing (Sharma, paragraph [0022] “a prescription lens may introduce monocular aberrations on the emergent light wavefront that dominates any MTF or color uniformity measurement in the absence of a compensation element. Hence, compensation for these monocular aberrations may be needed for accurate MTF and/or color uniformity determinations. The instant disclosure, therefore, identifies and addresses a need for additional and improved apparatuses, systems, and methods for selectively compensating for prescription lenses applied to display devices during testing.”; paragraph [0029]” The following will provide, with reference to FIGS. 1-5, detailed descriptions of exemplary devices, systems, components, and corresponding implementations for selectively compensating for corrective lenses applied to display devices during testing. In addition, detailed descriptions of methods for selectively compensating for corrective lenses applied to display devices during testing in connection with FIG. 6. The discussion corresponding to FIGS. 7 and 8 will provide detailed descriptions of types of exemplary artificial-reality devices, wearables, and/or associated systems that may be tested and/or calibrated using one of the apparatuses, systems, and/or methods disclosed herein.”), and further teaches wherein
performing an image calibration operation (Sharma, fig.4, controller will be image calibration operation; paragraph [0052]” controller 106 may receive data representative of image 406 from image sensor 408. In this example, controller 106 may determine, extrapolate, and/or identify one or more display parameters of display device 402 based at least in part on the data representative of image 406. Examples of such display parameters include, without limitation, an MTF of display device 402, a color uniformity measurement of display device 402,”) based on a measurement (Paragraph [0049] “To accurately test”) of the corrected wavefront (“Sharma, paragraph [0022] “a prescription lens may introduce monocular aberrations on the emergent light wavefront that dominates any MTF or color uniformity measurement in the absence of a compensation element.”) at a calibration device (Sharma, fig.4, imaging camera device 410) configured to measure a wavefront from a corrected lens (Paragraph [0049] ”To accurately test and/or calibrate the quality of image 406 after passing through corrective lens 404, image 406 may undergo further modification by various adapters included in imaging camera device 410 before reaching image sensor 408.”; thus, Sharma teaches wherein performing the image calibration operation based on the measurement of the corrected wavefront at a calibration device 410 configured to measure a wavefront from a corrected lens 404).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Samec to have the specific function as taught by Sharma for the purpose of accurate MTF and/or color uniformity determinations (Sharma, paragraph [0022]).
Regarding claim 2, combination Samec-Sharma discloses the invention as described in Claim 1 and Samec further teaches wherein the compensation wavefront is generated using a phase spatial light modulator (Samec, paragraph [1458] “the spatial light modulator may project the images onto one or more waveguides, which then transmit the images to the user”; paragraph [1874] “the device 2050 can comprise spatial light modulators that modulate the phase. Embodiments of the wearable device 2650 that include an optical source comprising a scanning laser device or a fiber scanning device can include deformable lenses and/or spatial light modulators that modulate phase to steer the beam and/or to vary the depth at which the beam is focused within the user's eye”).
Regarding claim 3, combination Samec-Sharma discloses the invention as described in Claim 2 and Samec further teaches wherein the phase spatial light modulator is a transmissive phase spatial light modulator (paragraph [01323], “The device of any of the above embodiments, further comprising a transmissive adaptive optics element comprising a deformable lens that comprises a deformable elastomeric lens”; abstract, “the health system may comprise a light generation module to transmit light or an image to a use”), and
wherein the corrected wavefront propagates to the calibration camera in the direction away from the eye plane (paragraph [0398] “camera configured to capture an image of the reflection, said device being configured to perform a diagnostic test of the wearer's eye to detect abnormalities of the eye”; paragraph [0545] “The device of embodiment 9, further comprising a camera configured to receive a reflected image based on the image presented to the person having passed through the particular portion of the person's eye and reflected by the retina of said eye, wherein the received input is based on a comparison of the reflected image and an expected reflected image, the expected reflected image being based on a healthy eye”).
Regarding claim 4, combination Samec-Sharma discloses the invention as described in Claim 1 and Samec further teaches wherein the prescription lens is represented by values of a plurality of prescription lens parameters (Samec, paragraph [1503] “In some embodiments, one or more of the plurality of lenses (198, 196, 194, and 192) may be adaptable optics, as described above, configured to provide for prescription correction in accordance with the embodiments described herein. In this case, the lenses (198, 196, 194, and 192) may be adaptable optics that are dynamic, adaptable, or switchable, such that the shape and/or characteristics of these lenses may be altered to provide refractive correction based on the prescription of the use. For example, the lenses (198, 196, 194, and 192) may comprise switchable adaptable optical elements, deformable lens such as an elastomeric lens with electrodes as described herein, or VFEs of FIGS. 10B and 10C and or any of the transmissive lenses described herein”; paragraph [2038] “The illustrated wavefront sensor 2710. these aberrations can be represented numerically as, for example, Zernike coefficients. Zernike coefficients”).
Regarding claim 5, combination Samec-Sharma discloses the invention as described in Claim 4 and Samec further teaches wherein computing the wavefront error of the distorted wavefront at the eye plane includes:
generating a coefficient of a Zernike polynomial in terms of the plurality of prescription lens parameters, the Zernike polynomial being evaluated over a circular region defined by a diameter of a pupil of the eye of the user (Samec, paragraph [1886], SLM 2180 and 2182, transmitted toward the pupil 2145; paragraph [2037] The system can include a relay lens system that relays the wavefronts at approximately the pupil plane of the eye to the wavefront sensor 2710; paragraph [2038] The illustrated wavefront sensor 2710.. based on the shape of a measured wavefront, the processor can calculate aberrations of the eye; paragraph [2038] The illustrated wavefront sensor 2710. these aberrations can be represented numerically as, for example, Zernike coefficients. Zernike coefficients).
Regarding claim 6, combination Samec-Sharma discloses the invention as described in Claim 1 and Samec further teaches wherein the wavefront is a collimated wavefront (paragraph [2165] “The light from the world may enter as a wavefront of collimated light, and each pair of lenses”).
Regarding claim 16, Samec teaches a computer program product comprising a nontransitory storage medium, the computer program product including code that, when executed by processing circuitry, causes the processing circuitry to perform a method (Samec, paragraph [1588], “The wearable augmented reality device can include one or more user interface features configured to allow a wearer or other person to provide input to the device. The user interface features can be integrated with the device. In some implementations, the user interface features are provided by a device or component that is not physically integrated with the device. For example, the user interface features can be provided by a device or system that is in communication with the device. This can be a smartphone, computer, tablet, or other computational device that is in wired or wireless communication with the device”), the method comprising:
causing, a waveguide associated with a frame of a head-worn display to generate electromagnetic radiation refracted by a prescription lens within the frame to produce a distorted wavefront propagating in a direction toward an eye plane related to a location of an eye of a user,
causing a compensation device to generate a compensation wavefront configured to interfere with the distorted wavefront at the eye plane;
producing a corrected wavefront by using the compensation wavefront at the eye plane; and
performing an image calibration operation based on a measurement of the corrected wavefront at a calibration device configured to measure a wavefront from a corrected lens (see combination Samec- Sharma, this claim recites similar limitations as those in corresponding the claim 1 and is rejected based on the same teachings and rationale).
Regarding claim 17, combination Samec-Sharma discloses the invention as described in Claim 16 and Samec further teaches wherein the compensation wavefront is generated using a phase spatial light modulator (see Samec, this claim recites similar limitations as those in corresponding the claim 2 and is rejected based on the same teachings and rationale).
Regarding claim 18, combination Samec-Sharma discloses the invention as described in Claim 17 and Samec further teaches wherein the phase spatial light modulator is a transmissive phase spatial light modulator, and wherein the corrected wavefront propagates§. to the calibration camera in the direction away from the eye plane (see Samec, this claim recites similar limitations as those in corresponding the claim 2 and is rejected based on the same teachings and rationale).
Regarding claim 19, combination Samec-Sharma discloses the invention as described in Claim 16 and Samec further teaches wherein the prescription lens is represented by values of a plurality of prescription lens parameters, and wherein generating the compensation wavefront includes: computing a wavefront error of the distorted wavefront at the eye plane based on the values of the plurality of prescription lens parameters (see Samec, this claim recites similar limitations as those in corresponding the claim 4 and is rejected based on the same teachings and rationale).
Regarding claim 20, combination Samec-Sharma discloses the invention as described in Claim 19 and Samec further teaches wherein computing the wavefront error of the distorted wavefront at the eye plane includes: Generating a coefficient of a Zernike polynomial in terms of the plurality of prescription lens parameters, the Zernike polynomial being evaluated over a circular region defined by a diameter of a pupil of the eye of the user (see Samec, this claim recites similar limitations as those in corresponding the claim 5 and is rejected based on the same teachings and rationale).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Samec et al. (US20160270656) in view of Sharma et al. (US20220404608), and further in view of Liang et al. (US20220211489).
Regarding claim 7, combination Samec-Sharma discloses the invention as described in Claim 1, and Samec further teaches wherein the distorted wavefront is a first distorted wavefront (Samec, paragraph [1507] “the focus and/or the wavefront of the image may be carefully distorted/changed by selecting the configuration of the lenses for each of the waveguides to produce an appropriate wavefront curvature to the user, or the refractive error of the eye or combination of those”),
wherein the prescription lens is represented by values of a plurality of prescription lens parameters (described in claim 1).
But Samec does not explicitly teaches wherein the plurality of prescription lens parameters including SPH, CYL, and Axis,
wherein the compensation wavefront at the eye plane is used to produce an interim corrected wavefront equivalent to that produced by a lens having a CYL value and an Axis value substantially equal to zero, the interim corrected wavefront propagating in the direction toward a tunable lens, and wherein producing the corrected wavefront further includes: causing the tunable lens to produce, from the interim corrected wavefront, the corrected wavefront being equivalent to that produced by a lens having a SPH value substantially equal to zero.
However, Liang (Liang, figs.1-18) in abstract teaches the analogous methods and devices (are provided for wavefront treatments of an eye's astigmatism, coma, and presbyopia. Wavefront-engineered monofocal lenses, inducing spherical aberration into the eye's central pupil, provide vision correction beyond 20/20 acuity and improve quality of vision by eliminating image distortion caused by uncorrected astigmatism and coma in the eye… These wavefront lenses can be adapted for contact lenses, implantable contact lenses, Intraocular Lenses (IOLs), phakic IOLs, accommodating IOLs, corneal inlays, as well as eyepieces for Virtual Reality (VR) displays, game goggles, microscopes, telescopes.), and further teaches
wherein the prescription lens (Liang, paragraph [0077] “Ophthalmic Lenses”; paragraph [0078], “Error sources for a astigmatic correction in contact lenses, Implantable Contact Lenses, ICLs, IOLs, astigmatism that is not corrected in the prescription) is represented by values of a plurality of prescription lens parameters, the plurality of prescription lens parameters including SPH, CYL, and Axis (see, Liang, fig.3, which represented by values of a plurality of prescription lens parameters, the plurality of prescription lens parameters including SPH, CYL, and Axis; paragraph [0078] This is shown in FIG. 3, which is an online order form for Air Optix toric contact lenses from Ciba Vision and Alcon Laboratories, Inc,; paragraph [152], ICLs share similar problems in limited selection of lenses (SPH or CYL), errors in cylindrical AXIS, errors in lens manufacturing, errors in refraction prescriptions, presbyopia of eyes. ICLs are less forgiving than contact lenses because they entail a surgical procedure; paragraph [0082] In the simulation, we considered a perfect correction of astigmatism (CYL=0), paragraph [0033], perfectly corrected (CYL=0). A focus error (SPH) between −0.5 D and +0.5 D is left uncorrected by the monofocal lenses).
wherein the compensation wavefront (Liang, paragraph [0012], “In a non-limiting embodiment, a wavefront-engineered monofocal lens for an eye, configured as an implantable lens or a wearable lens. a baseline Diopter power”) at the eye plane (Liang, paragraph [0012], “the eye's central pupil”) is used to produce an interim corrected wavefront equivalent to that produced by a lens having a CYL value and an Axis value substantially equal to zero (In the simulation, we considered a perfect correction of astigmatism (CYL=0)), the interim corrected wavefront propagating in the direction toward a tunable lens, and
wherein producing the corrected wavefront further includes (Liang, fig.3, paragraph [0078] “This is shown in FIG. 3, which is an online order form for Air Optix toric contact lenses from Ciba Vision and Alcon Laboratories, Inc”):
causing the tunable lens (Liang, fig.18, a liquid ophthalmic lens 180; paragraph [0082], “common for IOLs, ICLs, and contact lenses”) to produce, from the interim corrected wavefront, the corrected wavefront being equivalent to that produced by a lens having a SPH value substantially equal to zero(see Liang, fig.3, the contact lenses can be adjust to produce, from the interim corrected wavefront, the corrected wavefront being equivalent to that produced by a lens having a SPH value substantially equal to zero; paragraph [0262] “Many mechanisms for attaching a liquid lens to a surgical eye are in the prior art for accommodation control of the liquid lens. In one embodiment, the liquid ophthalmic lens further comprises a haptic portion configured to deform in response to forces applied by movement of ciliary muscles of an eye, the haptic portion having an interior liquid volume in fluid communication with the liquid lens portion”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the HMD of Samec with the specific apparatus and function as taught by Liang for the purpose to improve quality of vision by eliminating image distortion caused by uncorrected astigmatism and coma in the eye. these wavefront lenses can be adapted for contact lenses, implantable contact lenses, Intraocular Lenses (IOLs), phakic IOLs, accommodating IOLs, corneal inlays, as well as eyepieces for Virtual Reality (VR) displays, game goggles, microscopes, telescopes (Liang, abstract).
Response to argument
Applicant’s arguments with respect to claims have been considered but are moot because the arguments do not apply to any of the references or portions of the reference being used in the current rejections.
Examiner's Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUEI-JEN LEE EDENFIELD whose telephone number is (571)272-3005. The examiner can normally be reached Mon. -Thurs 8:00 am - 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached on 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273- 8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published application may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Services Representative or access to the automated information system, call 800-786-9199(In USA or Canada) or 571-272-1000.
/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872
Prosecution Insights