DETAILED ACTION
Oath/Declaration
Oath and declaration filed on 1/23/2024 is accepted.
Information Disclosure Statement
The prior art documents submitted by application in the Information Disclosure Statement filed on 4/11/2024 and 9/16/2024 and 9/19/2025 have all been considered and made of record ( note the attached copy of form PTO – 1449).
Specification
The abstract of the disclosure is objected to because “Abstract” should separate page . A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 103
4. 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 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.
Claim(s) 1-11 ,14,15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Arbabi et al (2016/0306079 A1) in view of Kress et al (2021/0405255 A1).
Regarding claim 1, Arbabi et al discloses (figures 1-15) an optical assembly for head wearable display comprising: a light redirecting layer (125) , being provided in a first optical path between a first light emitter and a first eye of a viewer (paragraph 0056) , the light redirecting layer comprising a plurality of three dimensional geometric patterns (1215,1220,1225 ) provided on one surface of the light redirecting layer (figure 12); wherein the light redirecting layer comprises a plurality of subunit sections (1225) , for respectively receiving and redirecting light emission of different wavelengths of a plurality of first light signals emitted by the first light emitter toward the first eye of the viewer with different incident angles, each of the first light signals corresponds to a first pixel of an image respectively,
Arbabi et al discloses all of the claimed limitations except each of the plurality of subunit sections respectively comprises the plurality of three dimensional geometric patterns with different physical dimensions and the plurality of three dimensional geometric patterns comprise pillar like three dimensional nanostructure protruding from a surface of the light redirecting layer.
Kress et al discloses each of the plurality of subunit sections respectively comprises the plurality of three dimensional geometric patterns (figure 2A-2B , paragraph 0072) with different physical dimensions and the plurality of three dimensional geometric patterns comprise pillar like three dimensional nanostructure protruding from a surface of the light redirecting layer (figure 2A-2B,paragraph 0086 – an array of nanopillar deflector elements may have repeating patterns of pillars with varying diameters ,interelement spacings and or heights) .
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide teaching each of the plurality of subunit sections respectively comprises the plurality of three dimensional geometric patterns with different physical dimensions and the plurality of three dimensional geometric patterns comprise pillar like three dimensional nanostructure protruding from a surface of the light redirecting layer in to the Arbabi et al an optical assembly for head wearable display device for the purpose of controlled deflection of incident optical radiation as taught by Kress et al (paragraph 0046).
Regarding claim 2, Arbabi et al discloses wherein the first light emitter is configured to emit at least a blue light, a green light, a red light, or any combination thereof, each of the plurality of subunit sections are configured for respectively receiving the first light signals composed of any combination of the blue light, the green light or the red light and redirecting any combination of the blue light, the green light or the red light toward the first eye of the viewer with different incident angles (paragraph 0056).
Regarding claim 3, Arbabi et al discloses wherein the blue light, the green light, or the red light are received by a same location on the subunit sections (see figure 11 and 15).
Regarding claim 4, Arbabi et al discloses wherein the blue light, the green light, or the red light are received by different locations on the subunit sections (see figure 11,15).
Regarding claim 5, Arbabi et al discloses wherein the blue light, the green light, or the red light forming each of the first light signals are not emitted concurrently (see figures 11 and 15) .
Regarding claim 6, Arbabi et al discloses wherein an incidence angle of any one of the first light signals relative to a portion of the light redirecting layer receiving the first light signal does not equal to a reflecting angle of the first light signal relative to the portion of the light redirecting layer (see figures 11 and 15).
Regarding claim 7, Arbabi et al discloses wherein a cross-sectional area of the first light signals projected on the light redirecting layer is substantially the same as an area of one of the subunit sections (figure 2, paragraph 0048).
Regarding claim 8, Arbabi et al discloses wherein light of different wavelengths in a first light signal received by a same subunit section in the plurality subunit sections is redirected to a same position on a retina of the first eye of the viewer (figure 2, paragraph 0048).
Regarding claim 9, Arbabi et al discloses each of the plurality of subunit sections further comprising a first area for receiving and redirecting the blue light, a second area for receiving and redirecting the green light, or a third area for receiving and redirecting the red light (see figure 11).
Regarding claim 10, Arbabi et al discloses wherein two of the first area, the second area, and the third area have a same horizontal or vertical position relative to the light redirecting layer, one of the first area, the second area, and the third area is horizontally or vertically displaced from the two of the first area, the second area, and the third area (see figure 11).
Regarding claim 11, Arbabi et al discloses wherein the first light emitter is a micro light emitting diode, the optical assembly is provided on a side of the first light emitter (paragraph 0056).
Regarding claim 14, Arbabi et al discloses wherein the optical assembly is configured for receiving the first light signal emitted by the first light emitter and traveling through a light direction modifier for dynamically changing a direction of the first light signal with respect to time (see figure 11 and 15).
Regarding claim 15, Arbabi et al discloses further comprising a spacer layer provided on a side of the light redirecting layer for protecting the three dimensional nanostructure on the meta-surface (see paragraph 0030, figure 1).
Regarding claim 17, combination of Arbabi et al in view of Kress et al discloses wherein a region of a subsection unit in proximity to a neighboring subsection unit comprise three dimensional nanostructure that redirect two consecutive first signals of two pixels to their respective locations on the retina of the viewer.
Claim(s) 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Arbabi et al (2016/0306079 A1) in view of Kress et al (2021/0405255 A1) further in view of Hu et al (2021/0044748 A1).
Regarding claim 12, depends on claim 1, Arbabi et al in view of Kress et al discloses call of the claimed limitations except the light redirecting layer is provided on one side of the optical assembly.
Hu et al discloses the light redirecting layer is provided on one side of the optical assembly ( figure 12 and 13 , paragraph 0108).
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide teaching the light redirecting layer is provided on one side of the optical assembly in to the Arbabi et al in view of Kress et al discloses an optical assembly for the purpose of can perform diffraction limited imaging and meta lens can be used as taught by Hu et al (paragraph 0009).
Regarding claim 13, Arbabi et al in view of Kress et al further in view of Hu et al discloses wherein the first light signals are collimated by the light redirecting layer after passing through the light redirecting layer.
Claim(s) 18,19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Arbabi et al (2016/0306079 A1) in view of Kress et al (2021/0405255 A1) further in view of Dell Acqua et al (2005/0152426 A1).
Regarding claim 18, depends on claim 1, Arbabi et al in view of Kress et al discloses all of the claimed limitations except a dioptric surface provided on a side of the optical assembly.
Dell Acqua et al a dioptric surface provided on a side of the optical assembly (paragraph 0049).
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide teaching a dioptric surface provided on a side of the optical assembly in to the Arbabi et al in view of Kress et al an optical assembly laser cavities operating and maximum efficiency laser beam to be modulated as taught by Dell Acqua et al.
Regarding claim 19, combination of Arbabi et al in view of Kress et al further in view of Dell Acqua et al discloses wherein the dioptric surface comprises a convex surface or concave surface.
Regarding claim 20, combination of Arbabi et al in view of Kress et al further in view of Dell Acqua et al discloses wherein the light redirecting layer is provided on a side of the dioptric surface.
Allowable Subject Matter
5. Claims 16 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
6. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 16, wherein another light redirecting layer is provided in a second optical path between a second light emitter and a second eye of the viewer for respectively receiving and redirecting light emission of different wavelengths of a plurality of second light signals emitted by the second light emitter toward the second eye of the viewer with different incident angles, each of the second light signals corresponds to a second pixel of the image respectively, wherein the different incident angles of the first light signals relate to visual axes of the first eye when perceiving the first pixels, the different incident angles of the second light signals relate to visual axes of the second eye when perceiving the second pixels, the viewer perceives one of the first pixels and a corresponding second pixel to form a binocular pixel of the image.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED A HASAN whose telephone number is (571)272-2331. The examiner can normally be reached M-TH 6 AM -4 PM.
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, Bumsuk Won can be reached at 571-272-2713. 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.
/MOHAMMED A HASAN/Primary Examiner, Art Unit 2872 2/1/2025