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 .
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.
Response to Amendment
Applicant's arguments filed 2/25/2026 have been fully considered but they are not persuasive.
Regarding applicant’s assertion that Nichol does not teach “said first polymeric layer is operable to flex without delaminating from said waveguide” as previously stated in claim 4 and moved into claim 3, examiner respectfully disagrees. The claim language states that “said polymeric layer is operable to flex without delaminating from said waveguide substrate” – Nichol teaches a reflecting multilayer polymer film described as folding or bending and being optically coupled to the coupling light guides (Nichol para. 0133 – defines “optically coupled” and provides the following examples: “lamination using an index-matched optical adhesive, coating a region or layer onto another region or layer, or hot lamination using applied pressure to join two or more layers or regions that have substantially close refractive indices”, para. 0137 – defines “bending” and “folding”, and para. 0542 describes the polymer film being optically coupled to the coupling light guides and bending or folding). Therefore, the specularly reflecting multilayer polymer film disclosed in paragraph 0542 of Nichol being described as “optically coupled” to the bending coupling light guides and being described as bending would mee the limitations of the claim.
Regarding applicant’s assertion that Huang does not teach “wherein said out-coupling diffractive optic comprises multiple sections of diffractive features on a single surface of said waveguide”, examiner respectfully disagrees. In paragraph 0048 as cited, Huang teaches “the output grating 1032 can be designed in multiple layers to correspond to different wavelengths” as cited in the arguments. This language does not state that these layers are not on the same glass substrate stated in paragraph 0048, and there is no disclosure to suggest that these layers would not be on the same glass substrate. Therefore, Huang still teaches the claim as written.
As to the 112(b) rejection for claim 4 regarding how the “waveguide second portion is operable to flex relative to said waveguide first portion at a twenty-degree angle”, this rejection will be maintained as the argument that “it is the structure of the waveguide itself that enables flexure” as recited on page 9 of Applicant Arguments/Remarks filed 2/25/2026 does not clarify what structure specifically of recited claims 1, 4, and 20 which allow the waveguide second portion to flex relative to the waveguide first portion at a specific angle. As stated in MPEP §2173.05(g), “Notwithstanding the permissible instances, the use of functional language in a claim may fail “to provide a clear-cut indication of the scope of the subject matter embraced by the claim” and thus be indefinite. In re Swinehart, 439 F.2d 210, 213 (CCPA 1971). For example, when claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear. Halliburton Energy Servs., Inc. v. M-I LLC, 514 F.3d 1244, 1255, 85 USPQ2d 1654, 1663 (Fed. Cir. 2008).” In the instant application, the structure provided in claim 1, a waveguide with a glass substrate, a coating, in-coupling and out-coupling diffractive optics, a first portion, and a second portion, does not recite which structure of the image light guide for conveying a virtual image that would allow the second portion to flex relative to the first portion by a certain degree.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12, 17-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 4, and 20, claims recite the limitation “said waveguide second portion is operable to flex to at least five degrees relative to said first portion” in lines 10-11 of claim 1, “said waveguide second portion is operable to flex relative to said waveguide first portion at a twenty-degree angle” in the first and second lines of claim 4, and “said waveguide second portion is operable to flex to at least ten degrees relative to said first portion” in lines 9-10 of claim 20. These limitations are indefinite because the structure that allows the waveguide to flex at five, ten, and twenty-degree angles are not specified in the listed claims. Paragraph 0047 of the instant specification states that the planar waveguide may include one or more substrates that include materials such as polymer coatings, treated glass layers, or polyester films which allow the waveguide to flex along one or more axes or twist in multiple directions. Is this the structure which allows the waveguide second portion to flex relative to said first portion? Based on the current language of the claim, one of ordinary skill in the art would not be apprised as to the scope of the invention (MPEP §2173.05(g)). For purposes of compact prosecution, so long as a waveguide may be made of flexible material and is shown to bend, this limitation will be considered met.
Also, claims 1-3, 5-12, 18-19 are rejected by virtue of their dependency.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5, 9, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Huang CN 111965826 (hereinafter “Huang” of record) in view of Nichol et. al US 20140049983 (hereinafter “Nichol” of record).
Regarding claim 1, Huang teaches an image light guide for conveying a virtual image, comprising:
a waveguide (Huang fig. 1c – 103, 102) comprising a glass substrate (Huang para. 0048) having a first surface (Huang fig. 1c – side of 103 with 1032 and 1031) and a second surface (Huang fig. 1c – of 103 facing 102) opposite said first surface (Huang fig. 1c – sides are opposite each other);
an in-coupling diffractive optic (Huang fig. 1c - 1031), wherein said in-coupling diffractive optic is operable to direct image-bearing light beams into said waveguide (Huang para. 0048); and
an out-coupling diffractive optic (Huang fig. 1c - 1032), wherein said out-coupling diffractive optic is operable to direct said image-bearing light beams from said waveguide toward an eyebox (Huang fig. 1c – 1032 directs light to an eye, see also para. 0048);
wherein said waveguide (103, 102) comprises a first portion (Huang fig. 1c - 102) and a second portion (Huang fig. 1c - 103), and said second portion (103) is operable to flex to at least five degrees relative to said first portion (Huang fig. 1j, see also para. 0077).
Huang does not teach a coating coupled with said substrate first surface, nor that the in-coupling diffractive optic and out-coupling diffractive optic are formed in said coating, and said coating is configured to flex with said substrate, however Huang does teach that the in-coupling diffractive optic and out-coupling diffractive optic are formed on the substrate first surface (Huang fig. 1c – 1031 and 1032 are on the first surface of 103).
In the same field of endeavor, Nichol teaches a coating coupled with said substrate first surface (Nichol para. 0542 – a specularly reflecting multilayer polymer film is adjacent to or in optical contact with coupling lightguides 104), and the in-coupling diffractive optic and out-coupling diffractive optic are formed in said coating (Nichol para. 0542 – the reflective film may be physically coupled to the coupling lightguides to create a fold that reflects light back into the lightguide), and said coating is configured to flex with said substrate (Nichol para. 0542, see also fig. 1 and 11 – 104, where the bending of the film may be achieved during coupling lightguides such as 104, therefore the film of 104 will have to flex with the rest of the lightguide) for the purpose of reflecting light (Nichol para. 0542). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a first polymeric layer as taught by Nichol in the image light guide of Huang in order to reflect light (Nichol para. 0542).
Regarding claim 2, Huang and Nichol teach the image light guide according to claim 1, and Huang further teaches wherein an optics module (Huang fig. 1c - 102) surrounds less than fifty-percent of a periphery of said waveguide (Huang fig. 1c).
Regarding claim 3, Huang and Nichol teach the image light guide according to claim 1, and Nichol further teaches wherein said coating comprises a polymeric layer (Nichol para. 0542), and said polymeric layer is operable to flex without delaminating from said waveguide substrate (Nichol para. 0542 – the polymer film is able to bend and flex with coupling light guide 104 as shown in fig. 4 and fig. 11, where para. 0133 describes “optically coupling” and para. 0137 describes “bending” or “folding”).
Regarding claim 4, Huang and Nichol teach the image light guide according to claim 3, and Huang further teaches wherein said waveguide second portion (Huang 103) is operable to flex relative to said waveguide first portion (Huang 102) at a twenty-degree angle (Huang fig. 1j – 103 shown to flex relative to 102 at an angle).
Regarding claim 5, Huang and Nichol teach the image light guide according to claim 4, and they further teach further comprising an adhesive promoter (Nichol para. 0133) located on said first surface, wherein said first polymeric layer is adhered to said adhesive promoter (Nichol para. 0133 and 0542 – “optically coupling” may include using an adhesive with a particular refractive index to attach layers or components together, and the specularly reflecting multilayer polymer film is coupled to the coupling lightguides which bend as shown in fig. 4 and described in para. 0542).
Regarding claim 9, Huang teaches the image light guide according to claim 1, and Huang further teaches wherein said out-coupling diffractive optic (1032) comprises multiple sections of diffractive features on a single surface of said waveguide (Huang para. 0048, 1032 may be made of multiple layers corresponding to different wavelengths), wherein a space is located between each said section of diffractive features (Huang para. 0048).
Regarding claim 18, Huang and Nichol teach the image light guide according to claim 1, and they further teach wherein said second portion (Huang 103) is operable to flex relative to said first portion (Huang 102) along more than one axis without delamination of said coating (Huang fig. 1j – shows 103 flexing relative to 102, and Nichol para. 0542 states that the film may bend).
Regarding claim 19, Huang and Nichol teach the image light guide according to claim 1, and Huang further teaches wherein in a first state said waveguide first portion (102) and said waveguide second portion (103) are arranged at an angle of zero degrees relative to each other (Huang fig. 1j – the uppermost figure shows 102 and 103 at an angle of zero degrees relative to each other), and wherein in a second state said waveguide first portion (102) and said waveguide second portion (103) are arranged at an angle of greater than or equal to five degrees relative to each other (Huang fig. 1f – the bottom figure shows 102 and 103 are at an angle greater than or equal to five degrees relative to each other).
Regarding claim 20, An image light guide for conveying a virtual image, comprising:
a waveguide (Huang fig. 1c – 103, 102) comprising a glass substrate (Huang para. 0048) having a first surface (Huang fig. 1c – side of 103 with 1032 and 1031) and a second surface (Huang fig. 1c – of 103 facing 102) opposite said first surface (Huang fig. 1c – sides are opposite each other);
an in-coupling diffractive optic (Huang fig. 1c - 1031), wherein said in-coupling diffractive optic is operable to direct image-bearing light beams into said waveguide (Huang para. 0048); and
an out-coupling diffractive optic (Huang fig. 1c - 1032), wherein said out-coupling diffractive optic is operable to direct said image-bearing light beams from said waveguide toward an eyebox (Huang fig. 1c – 1032 directs light to an eye, see also para. 0048);
wherein said waveguide (103, 102) comprises a first portion (Huang fig. 1c - 102) and a second portion (Huang fig. 1c - 103), and said second portion (103) is operable to flex to at least ten degrees relative to said first portion (Huang fig. 1j, see also para. 0077).
Huang does not teach a coating coupled with said substrate first surface, nor that the in-coupling diffractive optic and out-coupling diffractive optic are formed in said coating, and said coating is configured to flex with said substrate, however Huang does teach that the in-coupling diffractive optic and out-coupling diffractive optic are formed on the substrate first surface (Huang fig. 1c – 1031 and 1032 are on the first surface of 103).
In the same field of endeavor, Nichol teaches a coating coupled with said substrate first surface (Nichol para. 0542 – a specularly reflecting multilayer polymer film is adjacent to or in optical contact with coupling lightguides 104), and the in-coupling diffractive optic and out-coupling diffractive optic are formed in said coating (Nichol para. 0542 – the reflective film may be physically coupled to the coupling lightguides to create a fold that reflects light back into the lightguide), and said coating is configured to flex with said substrate (Nichol para. 0542, see also fig. 1 and 11 – 104, where the bending of the film may be achieved during coupling lightguides such as 104, therefore the film of 104 will have to flex with the rest of the lightguide) for the purpose of reflecting light (Nichol para. 0542). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a first polymeric layer as taught by Nichol in the image light guide of Huang in order to reflect light (Nichol para. 0542).
Claims 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Huang as applied to claim 1 above, further in view of Galea US 20170029322 (hereinafter “Galea” of record).
Regarding claim 6, Huang and Nichol teach the image light guide according to claim 1, and Huang further teaches wherein said second portion (103) of said waveguide is operable to flex at least one to twenty degrees relative to said first portion (102) of said waveguide (Huang fig. 1j – shows 103 flexing by at least one to twenty degrees relative to 102).
Huang and Nichol do not teach wherein said waveguide comprises an alkali compound.
In the same field of endeavor, Galea teaches wherein said waveguide comprises an alkali compound (Galea para. 0016 and 0026) for the purpose of decreasing the viscosity of the glass at liquidus temperature (Galea para. 0016). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a waveguide comprising an alkali compound as taught by Galea in the image light guide of Huang and Nichol in order to decrease the viscosity of the glass at liquidus temperature (Galea para. 0016).
Regarding claim 17, Huang and Nichol teach the image light guide according to claim 1.
Huang and Nichol do not teach wherein said substrate comprises a treated glass material.
In the same field of endeavor, Galea teaches wherein said substrate comprises a treated glass material (Galea abstract, para. 0016) for the purpose of decreasing the viscosity of the glass at liquidus temperature (Galea para. 0016). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a waveguide comprising an alkali compound as taught by Galea in the image light guide of Huang and Nichol in order to decrease the viscosity of the glass at liquidus temperature (Galea para. 0016).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Huang and Nichol as applied to claim 1 above, further in view of O’Brien et. al US 20140168260 (hereinafter “O’Brien” of record).
Regarding claim 7, Huang and Nichol teach the image light guide according to claim 1.
Huang and Nichol do not teach wherein said waveguide is a first waveguide, a second waveguide is coupled with said first waveguide, and an air gap is located between said first waveguide and said second waveguide.
In the same field of endeavor, O’Brien teaches wherein said waveguide is a first waveguide (O’Brien fig. 4 -
140
1
), a second waveguide (O’Brien fig. 4 -
140
2
) is coupled with said first waveguide (O’Brien fig. 4), and an air gap is located between said first waveguide and said second waveguide (O’Brien fig. 4 – air gap between
140
1
and
140
2
is defined by 160, see also para. 0027-0028) for the purpose of tuning or matching a waveguide to a different wavelength band (O’Brien para. 0024). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a second waveguide with an air gap between the first and second waveguides as taught by O’Brien in the image light guide of Huang and Nichol in order to tune or match a waveguide to a different wavelength band (O’Brien para. 0024).
Regarding claim 8, Huang, Nichol, and O’Brien teach the image light guide according to claim 7, and O’Brien further teaches further comprising a gasket (O’Brien fig. 4 – 160, see also para. 0027-0028) located between said first waveguide (
140
1
) and said second waveguide (
140
2
), wherein said gasket (160) at least partially defines said air gap (O’Brien fig. 4) and is operable to flex with said first waveguide and said second waveguide (O’Brien para. 0028 – 160 may be made of rubber which would allow it to flex).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Huang and Nichol as applied to claim 1 above, further in view of Pletenetskyy US 20170146802 (hereinafter “Pletenetskyy” of record).
Regarding claim 10, Huang and Nichol teach the image light guide according to claim 7, and
Huang and Nichol do not specify that wherein at least one of a first portion of said first waveguide and a first portion of said second waveguide is at least partially located within an optics module comprising an image-bearing light source; and wherein said first portion is connected with said optics module via a first fastener and a second fastener.
In the same field of endeavor, Pletenetskyy teaches wherein at least one of a first portion of said first waveguide (Pletenetskyy fig. 2a-4b – 52 which includes multiple waveguides within 48 which includes 50 and 51, see also para. 0024) and a first portion of said second waveguide (Pletenetskyy fig. 2a-3 – 52 includes multiple waveguides within 48 as stated in para. 0028) is at least partially located within an optics module (Pletenetskyy fig. 2a-3 – 54 and 31, see also para. 0025) comprising an image-bearing light source (Pletenetskyy fig. 2b – 50 is located within 54); and
wherein said first portion is connected with said optics module (54) via a first fastener (Pletenetskyy fig. 8a-c – 126, see also para. 0034) and a second fastener (Pletenetskyy fig. 8b – 126, see also para. 0034) for the purpose of suspending the waveguide assembly within the HMD device from a single location with clearance to surrounding components (Pletenetskyy para. 0020). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a first and second fastener attaching an optics module to a first and second waveguide as taught by Pletenetskyy in the image light guide of Huang and Nichol in order to suspend the waveguide assembly within the HMD device from a single location with clearance to surrounding components (Pletenetskyy para. 0020).
Regarding claim 11, Huang, Nichol, and Pletenetskyy teach the image light guide according to claim 10, and Pletenetskyy further teaches further comprising a plate (Pletenetskyy fig. 4a - 31) coupled with said first or second waveguide between said first fastener (126) and said second fastener (126, Pletenetskyy fig. 4b shows 31 coupled to 50), wherein said plate (31) is operable to provide rigidity to said first portion of said first waveguide (52) and/or said first portion of said second waveguide (52, Pletenetskyy fig. 4b – 31 fastened to 50 provides a rigid carrier structure).
Regarding claim 12, Huang, Nichol, and Pletenetskyy teach the image light guide according to claim 10, and they further teach further comprising a rigid coating (Pletenetskyy fig. 3 - 51) located about said second portion of said first waveguide (52) and said second waveguide (52, Pletenetskyy fig. 3), wherein said rigid coating (51) is operable to prevent flexure of said second portion (Pletenetskyy para. 0024); and said image light guide further comprising a third portion (Nichol fig. 11 - 104) of said first waveguide (Nichol fig. 7 - 107) located between said first portion (Nichol fig. 11 - 1102) and said second portion (Nichol fig. 11 - 107), wherein said third portion (104) is operable to bend (Nichol fig. 11 and 29e – 104 is shown with multiple bends while connected to 107 which retains its flat shape).
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 ELIZABETH M HALL whose telephone number is (703)756-5795. The examiner can normally be reached Mon-Fri 9-5:30 pm PST.
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, Ricky Mack can be reached at (571)272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH M HALL/ Examiner, Art Unit 2872
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872
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