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 .
Response to Arguments
Applicant’s arguments, see pages 6-7, filed 23 April 2026, with respect to the rejection(s) of claim(s) 1 under 35 USC § 102(a)(1) have been fully considered and are persuasive, particularly in that Asai does not expressly disclose the array of variable transmittance elements selectively transmitting first and second upstream light beams. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of additional prior art.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 12-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ma et al. (US 2021/0360209).
Regarding claim 1, Ma discloses an image generating device (see figures 1-2, for instance) comprising: a first light source (211) configured to generate a first upstream light beam, a second light source (212) configured to generate a second upstream light beam, and an array of variable transmittance elements (102) configured to selectively receive and transmit (“modulate the light beams alternately”; [0038]) the first upstream light beam and to selectively receive and transmit the second upstream light beam so as to respectively form a first downstream light beam forming a first image (“virtual image 1”) and a second downstream light beam forming a second image (“virtual image 2”, see figure 2).
Regarding claim 13, Ma discloses the device as claimed in claim 1, wherein the first downstream light beam (from 211) is reflected onto a first concave mirror (214) and the second downstream beam (from 212) is reflected onto a second concave mirror ([0011]), wherein the first concave mirror and the second concave mirror are fixed relative to each other and secured to the same support ([0011]).
Regarding claim 14, Ma discloses the device as claimed in claim 13, wherein at least one of the first and second mirrors (214) is a cold mirror ([0011]).
Regarding claim 15, Ma discloses a head-up display comprising: a device as claimed in claim 1; and a system for projecting downstream light beams toward a partially transparent strip (105).
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.
Claim(s) 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Grandclerc et al. (FR3030065; translation previously attached).
Regarding claim 2, Ma discloses the device as claimed in claim 1, wherein the array of variable transmittance elements (102) is a liquid crystal display ([0041]). However, Ma does not expressly disclose wherein the array of variable transmittance elements is a thin film transistor liquid crystal display.
Grandclerc discloses a display device (see figure 1, for instance), wherein the array of variable transmittance elements (12) is a thin film transistor liquid crystal display (see page 4 of attached translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a TFT-LCD as Grandclerc as the array of variable transmittance elements of Ma. The motivation for doing so would have been to allow the formation of light with an image of good quality, that is to say substantially uniform brightness, as taught by Grandclerc (page 4 of attached translation).
Regarding claim 11, Ma discloses the device as claimed in claim 1. However, Ma does not expressly disclose wherein at least one of the first and second light sources is configured to transmit its upstream light beam to an optical diffuser through a reflector.
Grandclerc discloses a display device (see figure 1, for instance), wherein at least one of the first and second light sources (20) is configured to transmit its upstream light beam to an optical diffuser (22) through a reflector (31)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the reflector / diffuser structure as Grandclerc in the device of Ma. The motivation for doing so would have been to allow the formation of light with an image of good quality, that is to say substantially uniform brightness, as taught by Grandclerc (page 4 of attached translation).
Claim(s) 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Hada et al. (US 2015/0092118).
Regarding claim 3, Ma discloses the device as claimed in claim 1. However, Ma does not expressly disclose wherein a downstream face of the array of variable transmittance elements is in contact with an at least partially transparent plate configured to limit heating of the array of variable transmittance elements.
Hada discloses a display device (see figure 1, for instance), wherein a downstream face of the array of variable transmittance elements (40) is in contact with an at least partially transparent plate ([0110], “ceramic on the screen”) configured to limit heating of the array of variable transmittance elements (40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the transparent plate as Hada in the device of Ma. The motivation for doing so would have been to prevent burning and breakage of the screen by, as taught by Hada ([0110]).
Regarding claim 4, Ma in view of Hada discloses the device as claimed in claim 3, further comprising a first heat sink (17a, Hada) thermally coupled with the partially transparent plate (40; [0110], Hada).
Regarding claim 5, Ma discloses the device as claimed in claim 1. However, Ma does not expressly disclose wherein at least one of the first and second light sources is configured to transmit its upstream light beam to the array of variable transmittance elements through an optical diffuser, wherein the device further comprises a second heat sink configured to discharge the heat confined between the diffuser and the array of variable transmittance elements.
Hada discloses a display device (see figure 1, for instance), wherein at least one of the first and second light sources (10) is configured to transmit its upstream light beam to the array of variable transmittance elements through an optical diffuser ([0046]), wherein the device further comprises a second heat sink (117b) configured to discharge the heat confined between the diffuser and the array of variable transmittance elements (40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the diffuser and second heat sink structure as Hada in the device of Ma. The motivation for doing so would have been to prevent burning and breakage of the screen by, as taught by Hada ([0110]).
Regarding claim 6, Ma in view of Hada discloses the device as claimed in claim 5, wherein the second heat sink (117b Hada) is in contact with the upstream face of the array of variable transmittance elements (40 Hada).
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Barate (US 2020/0387030).
Regarding claim 7, Ma in view of discloses the device as claimed in claim 1. However, Ma does not expressly disclose wherein at least one heat sink is coupled to a forced convection cooling module.
Barate discloses a display device (see figure 2, for instance), wherein at least one heat sink (26) is coupled to a forced convection cooling module ([0121], “a fan”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the forced convection heat sink structure as Barate in the device of Ma. The motivation for doing so would have to further enhance the cooling of the screen, as taught by Barate ([0122]).
Claim(s) 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Hada, and in further view of Xiao et al. (US 2021/0405435).
Regarding claim 8, Ma in view of Hada discloses the device as claimed in claim 4. However, Ma in view of Hada does not expressly disclose wherein the downstream face of the partially transparent plate is in contact with a cold face of a thermoelectric cooling module.
Xiao discloses a display device (see figures 1-4, for instance), wherein the downstream face of the partially transparent plate (10a) is in contact with a cold face of a thermoelectric cooling module (31; [0085]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the thermoelectric heat sink structure as Xiao in the device of Ma. The motivation for doing so would have increase the service life of the display device, as taught by Xiao ([0003]).
Regarding claim 9, Ma in view of Hada and in further view of Xiao discloses the device as claimed in claim 8, wherein the first heat sink (30, Xiao) is in contact with a hot face of the thermoelectric module (31 Xiao).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Hada, and in further view of Barate.
Regarding claim 10, Ma discloses the device as claimed in claim 3. However, Ma in view of Hada does not expressly disclose wherein the downstream face of the partially transparent plate is in contact with the first heat sink.
Barate discloses a display device (see figure 2, for instance), wherein the downstream face of the partially transparent plate (21) is in contact with the first heat sink (at 254).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the heat sink structure as Barate in the device of Ma. The motivation for doing so would have to further enhance the cooling of the screen, as taught by Barate ([0122]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL R BRIGGS whose telephone number is (571)272-8992. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
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/NATHANAEL R BRIGGS/Primary Examiner, Art Unit 2871 6/2/2026
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