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 12/22/2025.
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 1-2, 4-5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Meng et al. (WO2021017472) in view of Liu et al. (US20210239981) and Kuo et al. (US20190187354).
Regarding claim 1, Meng teaches an AR projection assembly (Meng, figs.1-21, abstract, an AR projection assembly), comprising: an image displaying source (Meng, figs.1-21, a MicroLED device; abstract, the projection apparatus 100 emits image light on the basis of a MicroLED; page 38, paragraph [0131], the light-emitting element 10 is a MicroLED device; page 73, paragraph [0210], the Micro LED-based AR display device and its display method include a display element 910,..the display element 910 is used to emit light), including a Micro-LED single-color displaying element and a Micro-LED dual-color displaying element (Meng, page 52, paragraph [0163] As shown in FIG. 4, the projection device is based on a dual-color first light-emitting element 11 and a single-color second light-emitting element 12 ; page 86, paragraph [0251], the display element 910 includes a dual-color Micro LED micro display and a monochrome Micro LED micro display);
a light combining element (Meng, fig.4, light-emitting element 10; fig.18, page 100, paragraph [0285] the light combining element 930), disposed on light emitting paths of the Micro-LED single-color displaying element and the Micro-LED dual-color displaying element (Meng, page 20, paragraph [0057] The display device includes a light combining element, which is used to combine the light emitted by the dual-color display element and the monochrome display element to form a full-color image light; page 86, paragraph [0251], light combining element 930 is used to combine the light emitted by the dual-color Micro LED micro display and the monochrome Micro LED micro display) and configured to combine single-color light given off by the Micro-LED single-color displaying element and dual-color light given off by the Micro-LED dual-color displaying element into a full-color image (Meng, Meng, page 20, paragraph [0057] The display device includes a light combining element, which is used to combine the light emitted by the dual-color display element and the monochrome display element to form a full-color image light; fig.4, paragraph [0157] The three monochromatic images R, G, and B are incident on the light combiner 19 from specific directions respectively, and are combined into an RGB full-color image ;fig.20, page 91, paragraph [0264], combined into an RGB full-color image; page 96, paragraph [0277]The display element 910 is controlled to output image information; page 100, paragraph [0285], The first display element 911 and the second display element 912 are controlled to emit image light); a lens assembly (Meng, paragraph [0133] The projection lens 20 may be one or more lenses),
but Meng does not explicitly teaches wherein including a first lens, a second lens and a third lens which are disposed in sequential proximity to the light combining element on a light emitting path of the light combining element, the first lens and the third lens having a positive focal length, and the second lens having a negative focal length,
wherein the first lens has a focal length of f1, the second lens has a focal length of f2, the third lens has a focal length of f3, and satisfying: 2 mm <f1<15 mm , −10 mm< f2<−1 mm, 2 mm <f3<10 mm;
the first lens has an Abbe number of v1, the second lens has an Abbe number of v2, the third lens has an Abbe number of v3, and satisfying: 25<v1<70, 10<v2<40, 20<v3<65; and
the first lens has a refractive index of n1, the second lens has a refractive index of n2, the third lens has a refractive index of n3, and satisfying: 1.5<n1<1.8, 1.6<n2<1.8, 1.6<n3<1.9.
wherein when the surface types of the first lens, the second lens, and the third lens are all of the aspherical surface type, satisfying:
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wherein Z represents a distance between a point on the aspheric surface and the vertex of the aspheric surface in a direction of an optical axis; r represents a distance of the point on the aspheric surface from the optical axis; c represents center curvature of the aspheric surface; k represents conicity; and a4, a6, a8, a10 represent aspheric higher-order coefficients.
However, Liu teaches the analogous AR projection assembly (Liu, figs.1-6, abstract, The present disclosure provides an optical system and a near-eye display device. The optical system includes an optical waveguide and an eyepiece system; paragraph [0003] Augmented reality technology is a technology that integrates real-world information...), and further teaches wherein
a lens assembly (Liu, fig.1C, lens group 300), including a first lens (Liu, fig.1C, lens 310), a second lens (Liu, fig.1C, lens 320) and a third lens (Liu, fig.1C, lens 330) which are disposed in sequential proximity to the light combining element (Liu, fig.6A, display screen 500) on a light emitting path (Liu, paragraph [0088], the display screen 500 may be any type of display device such as an LCD display device, an organic light emitting diode) of the light combining element (Liu, paragraph [0089], the display screen 500 in the near-eye display device is coupled into the optical waveguide 100, then coupled out of the optical waveguide 100), the first lens and the third lens having a positive focal length (Liu, fig.1C, paragraph [0038], Each of the first lens 310 and the third lens 330 has a positive focal power), and the second lens having a negative focal length (Liu, fig.1C, paragraph [0038], The second lens 320 has a negative focal power).
wherein the first lens (Liu, fig.1C, lens 310) has a focal length of f1 (Liu, paragraph [0046], a total focal power of the first lens 310 is 0.0905, so f1 = 1/0.0905 = 11.04), the second lens (Liu, fig.1C, lens 320) has a focal length of f2 (Liu, paragraph [0046], a total focal power of the second lens 320 is −0.1619, so f2=1/-0.1619 = -6.18), the third lens (Liu, fig.1C, lens 330) has a focal length of f3 (Liu, paragraph [0046], a total focal power of the third lens 330 is 0.1347, so f3 = 1/0.1347 = 7.42), and satisfying: 2 mm <f1<15 mm (11.04 mm, Liu, described above), −10 mm<f2<−1 mm (-6.18 mm, Liu, described above), 2 mm <f3<10 mm (7.42 mm, Liu, described above);
the first lens has an Abbe number of v1 (Liu, paragraph [0040], the first lens 310 can be COP series optical plastic material E48R of Zeon; as evidenced by ZEONEX® E48R, page 5, Abbe number of v1 is approximately 58), the second lens has an Abbe number of v2 (Liu, paragraph [0040]the material of the second lens 320 can be optical polyester resin OKP4; as evidenced by OKP4, OKP4HT, OKP-1, page 2, Abbe number of v2 is 27 ), the third lens has an Abbe number of v3 (Liu, paragraph [0042], a material of the third lens and the material of the first lens may be the same or different; so third lens 330, an Abbe number of v3 = v1 = 58), and satisfying: 25<v1<70 (58, Liu, described above), 10<v2<40 (27, Liu, described above), 20<v3<65 (58, Liu, described above); and the first lens has a refractive index of n1 (Liu, paragraph [0040], the first lens 310 can be COP series optical plastic material E48R of Zeon; as evidenced by ZEONEX® E48R, page 5, refractive index of n1 is approximately 1.53) , the second lens has a refractive index of n2 (Liu, paragraph [0040] the material of the second lens 320 can be optical polyester resin OKP4; as evidenced by OKP4, OKP4HT, OKP-1, page 2, refractive index of n2 is 1.607), the third lens has a refractive index of n3 (Liu, paragraph [0042], a material of the third lens and the material of the first lens may be the same n1 = 1.53 or different), and satisfying: 1.5<n1<1.8 (1.53, Liu, described above), 1.6<n2<1.8 (1.607, Liu, described above),
wherein when the surface types of the first lens, the second lens, and the third lens are all of the aspherical surface type, satisfying:
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wherein Z represents a distance between a point on the aspheric surface and the vertex of the aspheric surface in a direction of an optical axis; r represents a distance of the point on the aspheric surface from the optical axis; c represents center curvature of the aspheric surface; k represents conicity; and a4, a6, a8, a10 represent aspheric higher-order coefficients
(see Liu, paragraphs [0062-0063] the aspheric surface type is expressed by the following numerical formula:
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In the above formula, a height of the aspheric surface in the direction perpendicular to the optical axis is r; a distance between a vertex of the aspheric surface and a projection of a position where the height of the aspheric surface is r on the optical axis is z, that is, a distance along the optical axis from a tangent plane at the vertex of the aspheric surface to the position of the aspheric surface where the height of the aspheric surface is r is z; a curvature is c (reciprocal of the radius of curvature); the conic is k; and the 2n-th order aspheric coefficient is an in turn. In optimizing the reasonable configuration of each parameter of the eyepiece system in practice, an optical automatic design software sequentially retrieves values of the radius of curvature, the conic, the height and the aspheric coefficient of each lens and the like in a database and put them into the above numerical formula for calculation to obtain each optimization parameter capable of correcting the aberration of the optical multiple structure).
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 lenses of Meng with the specific Lens group as taught by Liu for the purpose to improve the light energy utilization rate and improve the light efficiency, and can also clearly present an image with an image resolution of not less than 5000PPI after being conducted through the optical waveguide in front of a user by correcting aberration (Liu, paragraph [0038]).
But combination Meng-Liu does not explicitly teaches wherein satisfying. 1.6<n3<1.9 ( it has been held that where the selection of a known material based on its suitability for its intended use is disclosed in the prior art, a prima facie case of obviousness exists. See MPEP § 2144.07, citing In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) and Ryco, Inc. v. Ag-Bag Corp., 857 F.2d 1418, 8 USPQ2d 1323 (Fed. Cir. 1988). See also Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), as cited in MPEP § 2144.07; further the materials are well known in the art (Liu, paragraph [0042], a material of the third lens and the material of the first lens may be the same or different; paragraph [0041], In the process of optimizing parameters of the eyepiece system, the third lens 330 in the eyepiece system plays a role in adjusting a propagation direction of light exited from the first lens and the second lens), and a skilled person in the art may ascertain claimed lens material without any difficulty; it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of design choice).
However, Kuo teaches the analogous AR projector (Kuo, fig.1, paragraph [0003], A display having a waveguide display can be divided into with a self-luminous panel structure.., the image beam is transmitted to a coupling outlet in the waveguide, and the image beam is projected to the position of human eyes to form an image; paragraph [0030] In the embodiment, the optical lens 110 includes the first lens 112, a second lens 114, and a third lens 116 arranged in sequence from the light emitting side ES to the light incident side IS. Diopters of the first lens 112, the second lens 114, and the third lens 116 are positive, negative, and positive in sequence), and further teaches wherein the third lens (Kuo, fig.1, the third lens has been referred as lens 116) has a refractive index of n3, satisfying. 1.6<n3<1.9 (1.85; Kuo, paragraph [0031], data of table 1, refractive index of n3 of the lens 116 =1.85).
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 lens of combination Meng-Liu with the specific material as taught by Kuo for satisfying. 1.6<n3<1.9 for the purpose of the advantages of small size, light weight, large viewing angle, and high resolution (Kuo, abstract).
Regarding claim 2, combination Meng-Liu discloses the invention as described in Claim 1 and Liu further teaches wherein a distance between a surface of the first lens facing away from the image displaying source and the image displaying source is 16 mm to 20 mm (18.42mm; Liu, paragraph [0054] For example, as shown in FIG. 1C, a size of each of the first lens 310, the second lens 320 and the third lens 330 in the direction parallel to the optical axis 301 ranges from 2 to 20 mm, that is, a thickness of each lens cut by the optical axis 301 is from 2 to 20 mm, that is, a distance between intersection points where two surfaces of the first lens 310 intersect the optical axis 301 is from 2 to 20 mm, a distance between intersection points where two surfaces of the second lens 320 intersect the optical axis 301 is from 2 to 20 mm, and a distance between intersection points where two surfaces of the third lens 330 intersect the optical axis 301 is from 2 to 20 mm. For example, the thickness of each lens cut by the optical axis 301 is from 2 to 10 mm. For example, the thickness of the first lens 310 is 6.2 mm, a distance between the first lens 310 and the second lens 320 along the optical axis 301 is 0.47 mm, the thickness of the second lens 320 is 3 mm, a distance between the second lens 320 and the third lens 330 along the optical axis 301 is 1.85 mm, the thickness of the third lens 330 is 6.9 mm, and a distance between the third lens 330 and the imaging surface 302 along the optical axis 301 is 5.75 mm). The motivation to combine Meng and Liu as provided in claim 1 is incorporated herein.
Regarding claim 4, combination Meng-Liu discloses the invention as described in Claim 1 and Meng further teaches wherein the single-color light given off by the Micro-LED single-color displaying element is one of red light, green light and blue light (Meng, page 52, paragraph [0163] The second light-emitting element 12 is a single-color MicroLED, which can be a blue MicroLED, a green MicroLED, or a red MicroLED; page 93, paragraph [0270] The second display element 912 is a single-color MicroLED, which can be a blue MicroLED, a green MicroLED, or a red MicroLED), and correspondingly, the dual-color light given off by the Micro-LED dual-color displaying element is one of green-blue light, red-blue light, and red-green light (Meng, page 52, paragraph [0163], a dual-color first light-emitting element 11, which can be a red-green MicroLED, a red-blue MicroLED, or a blue-green MicroLED; page 93, paragraph [0270], The first display element 911 is a dual-color MicroLED, specifically a red-green MicroLED, a red-blue MicroLED, or a blue-green MicroLED).
Regarding claim 5, combination Meng-Liu discloses the invention as described in Claim 1 and Meng further teaches wherein the light combining element (Meng, fig.4, light combiner 19) has a semi-reflection and semi-transmission property (Meng, paragraph [0157] The light combiner 19 is made by bonding prisms with different coatings), and the light combining element reflects the single-color light and transmits the dual-color light, or the light combining element transmits the single-color light and reflects the dual-color light (Meng, paragraph [0157], The three monochromatic images R, G, and B are incident on the light combiner 19 from specific directions respectively, and are combined into an RGB full-color image).
Regarding claim 9, combination Meng-Liu discloses the invention as described in Claim 1 and Meng further teaches wherein an AR device (Meng, figs.1-21, AR display device), comprising an AR projection assembly of claim 1 (see claim 1), and further comprising: a housing (Meng, fig.21, frame body 950) in which the AR projection assembly (Meng, figs.1-20, described in claim 1) is provided.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Meng et al. (WO2021017472) in view of Liu et al. (US20210239981) and Kuo et al. (US20190187354), and further in view of Komatsu et al. (US20170219830).
Regarding claim 3, combination Meng-Liu-Kuo discloses the invention as described in Claim 1, but Meng is silent on wherein a distance between a surface of the first lens facing away from the image displaying source and an entrance pupil position of the AR projection assembly is 2 mm to 4 mm.
However, Komatsu teaches the analogous AR projection assembly (Komatsu, paragraph [0001] The present invention relates to a light guide device used in a head-mounted display used by being worn on a head, and a virtual image display apparatus provided with the light guide device; paragraph [0262], FIGS. 26A and 26B are sectional views of a light guide device 20 and a projecting lens 12 of Example 6. The light guide device 20 includes first and second surfaces S1 and S2 as the pair of planar surfaces 22 a and 22 b of the parallel light guide 22. The planar surface 22 a or the first surface S1 corresponds to the light emission section OS. The light guide device 20 includes a third surface S3 which is a planar surface, and a fourth surface S4 which is a planar surface in the incident section 21. Here, the fourth surface S4 corresponds to the light incident surface IS. Example 6 includes multiple types of optical paths of which the reflection number of times is different, but has the substantially same shape as Example 2. FIG. 26A shows the image light rays GL which are primarily incident on the eye EY in the direction, tilted in the −x direction with the +z direction as its reference. FIG. 26B shows the image light rays GL which are primarily incident on the eye EY in the direction (direction tilted in the clockwise direction) tilted in the +x direction with the +z direction as its reference; paragraph [0137] The projecting lens 12 is not limited to a spherical lens, and may be a non-spherical lens or a free-form curved surface lens.. ), and further teaches wherein a distance between a surface (Komatsu, fig.26, paragraph [0259], data of table 18, surface ASP1) of the first lens (Komatsu, fig.26, lens L1) facing away from the image displaying source (Komatsu, fig.26, liquid crystal device 11) and an entrance pupil position (Komatsu, fig.26, paragraph [0262] light incident surface IS) of the AR projection assembly (Komatsu, fig.26, optical system) is 2 mm to 4 mm (3 mm, Komatsu, fig.26, paragraph [0259], data of table 18, No.9, the a distance = 3 mm).
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 combination Meng-Liu-Kuo with the specific distance as taught by Komatsu for the purpose to reduce the number of times of the image light rays which are reflected from the surface of the light guide close to the external side and are incident on the reflection unit passing through the mirrors, and it is possible to output the image light rays to the observer with less loss.. . (Komatsu, paragraph [0019]--further, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum range or workable ranges involves only routine skill in the art. See MPEP § 2144.05 Section II, Subsection A, citing In re Aller,105 USPQ 233 (C.C.P.A. 1955)).
Response to Amendment / argument
Applicant’s arguments with respect to claims have been considered, see Remarks Page. 4-10 with respect to the 35 U.S.C.&103 rejection have been fully considered and are not persuasive.
In the remarks, applicant argues that:
With respect to claim 1, the combination of the cited prior art references is inappropriate. .In response to applicant's argument(s) of 1
The test for obviousness is not whether the features may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). ). In this case, Meng in view of Liu as evidenced by Zeon, Zeonex, etc., and Liu has the right materials, and those materials have their inherent properties, which cannot be separated from the materials. Further, See MPEP 2112 Inherency, as the structure and materials provided by Meng-Liu-Kuo combination is same to that recited in the claims, then it is expect the function “when the surface types of the first lens, the second lens, and the third lens are all of the aspherical surface type, satisfying:
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wherein Z represents a distance between a point on the aspheric surface and the vertex of the aspheric surface in a direction of an optical axis; r represents a distance of the point on the aspheric surface from the optical axis; c represents center curvature of the aspheric surface; k represents conicity; and a4, a6, a8, a10 represent aspheric higher-order coefficients” has same results as claimed. Since where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
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
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.
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/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
(kedenfield@uspto.gov)
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872