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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 13 February 2026 has been entered.
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 (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 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.
Claim(s) 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 10,067,347 to Vallius et al.
In regards to claim 11, Vallius recites an image light guide (Figure 11) for conveying a virtual image, comprising: a substrate operable to propagate image-bearing light beams along a length thereof; an in-coupling diffractive optic (1112) formed along said substrate, wherein said in-coupling diffractive optic is operable to diffract said image-bearing light beams into said substrate in an angularly encoded form, wherein said in-coupling diffractive optic comprises a first plurality of periodic in-coupling diffractive structures and a second plurality of periodic in-coupling diffractive structures (not shown in Figure 11; shown in Figures 9 & 10; Column 17, Lines 10-11, 26-28 & Column 20, Lines 12-15); an out-coupling diffractive optic (1116) formed along said substrate, wherein said out-coupling diffractive optic is operable to diffract said image-bearing light beams from said substrate in an angularly decoded form, wherein said out-coupling diffractive optic comprises a first plurality of periodic out-coupling diffractive structures having aperiodicity equivalent to said first plurality of periodic in-coupling diffractive structures, and a second plurality of periodic out-coupling diffractive structures having a periodicity equivalent to said second plurality of periodic in-coupling diffractive structures, a first intermediate diffractive optic (1114a) located in a first optical path between said in-coupling diffractive optic and said out-coupling diffractive optic, wherein said first intermediate diffractive optic comprises a first plurality of periodic intermediate diffractive structures oriented parallel with said second pluralities of periodic in-coupling and out-coupling diffractive structures, and a second intermediate diffractive optic (1114d) located in a second optical path between said in-coupling diffractive optic and said out-coupling diffractive optic, wherein said second intermediate diffractive optic comprises a second plurality of periodic intermediate diffractive structures oriented parallel with said first pluralities of periodic in-coupling and out-coupling diffractive structures, wherein a portion of said first intermediate diffractive optic is located at least partially about said in-coupling diffractive optic, and wherein a portion of said second intermediate diffractive optic is located at least partially about said in-coupling diffractive optic. (Columns 19-20)
In regards to claim 12, Vallius recites wherein an arcuate space is located between said in-coupling diffractive optic and said first intermediate diffractive optic and said second intermediate diffractive optic, wherein said arcuate space does not include any periodic diffractive structures. (Figure 11)
In regards to claim 12, Vallius recites a portion of image-bearing light incident upon said in-coupling diffractive optic propagates toward said out-coupling diffractive optic between said first and second intermediate diffractive optics.
In regards to claim 13, Vallius recites said second plurality of periodic in-coupling diffractive structures is crossed with said first plurality of periodic in-coupling diffractive structures. (Column 20)
In regards to claim 15, Vallius recites said first plurality of periodic out-coupling diffractive structures is crossed with said second plurality of periodic out-coupling diffractive structures. (Column 20)
Allowable Subject Matter
Claims 1-4, 8-10 and 18-20 are allowed. The prior art of record fails to disclose or reasonably suggest an image light guide for conveying a virtual image, comprising: a substrate operable to propagate image-bearing light beams along a length thereof; an in-coupling diffractive optic formed along said substrate, wherein said in-coupling diffractive optic is operable to diffract said image-bearing light beams into said substrate in an angularly encoded form; and an out-coupling diffractive optic formed along said substrate, wherein said out-coupling diffractive optic is operable to diffract said image-bearing light beams from said substrate in an angularly decoded form, wherein a portion of said out-coupling diffractive optic at least partially surrounds said in-coupling diffractive optic, and wherein said in-coupling diffractive optic and said out-coupling diffractive optic define an arcuate space therebetween including any periodic diffractive structures; wherein said in-coupling diffractive optic comprises first, second, and third pluralities of periodic in-coupling diffractive structures; wherein said out-coupling diffractive optic comprises first and second pluralities of periodic out-coupling diffractive structures arranged parallel with said second and third pluralities of periodic in-coupling diffractive structures in addition to the accompanying features of the independent claim.
Claims 16-17 are allowed. The prior art of record fails to disclose or reasonably suggest an image light guide for conveying a virtual image, comprising: a substrate operable to propagate image-bearing light beams along a length thereof; an in-coupling diffractive optic arranged along said substrate and operable to diffract said image-bearing light beams into said substrate in an angularly encoded form, wherein said in-coupling diffractive optic comprises first, second, and third pluralities of periodic in-coupling diffractive structures; an out-coupling diffractive optic arranged along said substrate and operable to diffract said image-bearing light beams from said substrate in an angularly decoded form, wherein said out-coupling diffractive optic comprises first and second pluralities of periodic out-coupling diffractive structures arranged parallel with said second and third pluralities of periodic in-coupling diffractive structures; an intermediate diffractive optic located in an optical path between said in-coupling diffractive optic and said out-coupling diffractive optic, wherein a portion of said intermediate diffractive optic is located at least partially about said in-coupling diffractive optic, and wherein said intermediate diffractive optic comprises: a first plurality of periodic intermediate diffractive structures oriented parallel with said third plurality of periodic in-coupling diffractive structures, and a second plurality of periodic intermediate diffractive structures oriented parallel with said second plurality of periodic in-coupling diffractive structures, and an arcuate space is located between said in-coupling diffractive optic and said intermediate diffractive optic, wherein said arcuate space does not include any periodic diffractive structures in addition to the accompanying features of the independent claim.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 8-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
NOTE: An updated search and further consideration has been performed in this application. Upon further consideration, claims 11-15 have been withdrawn from allowability. U.S. Patent 10,067,349 has been applied to address the claims 11-15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TINA M WONG whose telephone number is (571)272-2352. The examiner can normally be reached M-F 8:30-5:30.
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, Uyen-Chau Le can be reached at (571) 272-2397. 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.
/TINA WONG/Primary Examiner, Art Unit 2874