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 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.
DETAILED ACTION
This is an AIA application filed April 14, 2023.
The earliest effective filing date of this AIA application is seen as May 4, 2022, the date of the earliest priority application (United States provisional patent application serial number 63/338,109) for any claims which are fully supported under 35 U.S.C. 112(a) by the provisional application.
The present application is also related to the applications giving rise to the following patent publication(s) (some redundancy may be present):
Office
Application
App. Date
Pub. #
Pub. Date
TW
112115392
04/25/2023
TW 202409470 A
03/01/2024
US
PCT/US23/20850
05/03/2023
WO 2023215388 A1
11/09/2023
The claims filed April 2, 2026 are entered, currently outstanding, and subject to examination.
This action is in response to the filing of the same date.
The current status and history of the claims is summarized below:
Last Amendment/Response
Previously
Amended:
1, 3-5, 7, 8, and 10-19
N/A
Cancelled:
20
N/A
Withdrawn:
none
N/A
Added:
21
N/A
Claims 1-19 and 21 are currently pending and outstanding.
Regarding the last reply:
Claims 1, 3-5, 7, 8, and 10-19 were amended.
Claim 20 was cancelled.
No claims were withdrawn.
Claim 21 was added.
Claims 1-19 and 21 are currently outstanding and subject to examination.
This is a final action and is the second action on the merits.
Allowable subject matter is not indicated below.
Often, in the substance of the action below, formal matters are addressed first, claim rejections second, and any response to arguments third.
Specification
Applicant must provide the same terminology/vocabulary/phrasing in the specification that is present in the claims. At least one term or phrase is missing from the specification present in the claim(s).
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o).
Correction is required as the following amendment(s)/text in the claims find(s) no antecedent in the specification.
Claim(s)
Antecedent Missing For
1 & 17
a first portion oriented according to a first angle relative to a surface of the light guide and
a second portion oriented according to a second angle relative to the surface of the light guide,
wherein the second angle is larger than the first angle
As set forth in MPEP § 608.01(o):
The meaning of every term used in any of the claims should be apparent from the descriptive portion of the specification with clear disclosure as to its import; and in mechanical cases, it should be identified in the descriptive portion of the specification by reference to the drawing, designating the part or parts therein to which the term applies. A term used in the claims may be given a special meaning in the description. See MPEP § 2111.01 and § 2173.05(a).
Usually, no comma per original source the terminology of the original claims follows the nomenclature of the specification, but sometimes in amending the claims or in adding new claims, new terms are introduced that do not appear in the specification. The use of a confusing variety of terms for the same thing should not be permitted.
. . . While an applicant is not limited to the nomenclature used in the application as filed, he or she should make appropriate amendment of the specification whenever this nomenclature is departed from by amendment of the claims so as to have clear support or antecedent basis in the specification for the new terms appearing in the claims. This is necessary in order to insure [sic, ensure] certainty in construing the claims in the light of the specification, Ex parte Kotler, 1901 C.D. 62, 95 O.G. 2684 (Comm’r Pat. 1901). See 37 CFR 1.75 and MPEP §§ 608.01(i), § 1302.01.
Consequently, identity between terms and phrases in the specification and claims is preferred and is seen as mandatory to ensure “certainty in construing the claims in the light of the specification”.
Further, under 37 C.F.R. § 1.121(e) regarding disclosure consistency:
The disclosure must be amended, when required by the Office, to correct inaccuracies of description and definition, and to secure substantial correspondence between the claims, the remainder of the specification, and the drawings.
Examiner considers direct correspondence between the specification and the claims to be important with respect to determining the scope of the claims.
Examiner strongly urges Applicant to review its claims with a fine-toothed comb and scrutinize them for any discrepancies between claim language and language that is used in the written description/specification as originally filed. Applicant is responsible for what it drafts. Discrepancies may be interpreted to Applicant’s detriment.
Claim Rejections - 35 USC § 112(b/¶ 2)
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 5 and 18 (and by dependency, claims 6-9 and 19, respectively) 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 pre-AIA the applicant regards as the invention.
Claims 1 and 17 define “a first portion” and “a second portion” of the volume grating while claims 5 and 18 also do the same. It is not known and is indefinite as to whether these first and second portions refer to the same thing or different things.
For purposes of examination, the indefinite portions are seen as referring to different things and treated as consistent with the first Office action and Applicant’s new amendments.
Special Definitions for Claim Language - MPEP § 2111.01(IV)
No special definitions as defined by MPEP § 2111.01(IV) are seen as present in the specification regarding the language used in the claims. Consequently, the words and phrases of the claims are given their plain meaning. MPEP §§ 2173.01, 2173.05(a), and 2111.01.
If special definitions are present, Applicant should bring those to the attention of the examiner and the prosecution history with its next response in a manner both specific and particular. In doing so, there will be no mistake, confusion, and/or ambiguity as to what constitutes the special definition(s). Per above, such special definitions must conform to the requirements of MPEP § 2111.01(IV).
To date, Applicant has provided no indication of special definitions.
Claim Rejections - 35 USC § 102
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.
Claims 1-19 and 21 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 20200225476 of Urness et al. (Urness, cited by Applicant).
With respect to claim 1, Urness discloses a device (Figs. 5A-5E), comprising:
a light guide (Fig. 5D, ¶¶ 97 et seq., optical system 500-d) coupled with an in-coupling element (the surface of the left side of Fig. 5D at 505-e, generally) at an input portion of the light guide (left side generally) and an out-coupling element (grating medium 515-d, ¶ 93, "Grating medium 515-d may include a grating structure. The grating structure may have a plurality of holograms or sinusoidal volume gratings.” Such sinusoidal volume gratings are seen as Bragg gratings.) at an output portion of the light guide (at/about the right side near 515-d); and
a volume grating (light homogenizing element 505-e, ¶ 96) disposed at a portion of the light guide (left side in Fig. 5D),
the volume grating (505-e) diffracting a light via Bragg diffraction (¶ 96, "Light homogenizing element 505-e may further include a grating medium and more than one grating structures within the grating medium. The grating structures may include a plurality of holograms or sinusoidal [seen as Bragg] volume gratings. The grating structures may reflect light 510-g with a first wavelength about a reflective axis offset from a surface normal of the grating structure at a first set of incident angles and may reflect light 510-g with a second wavelength about a reflective axis offset from a surface normal of the grating structure at a second set of incident angles. Each grating structure may include a different reflective axis offset from the normal of the corresponding grating structure."),
wherein the volume grating (505-e) has
a first portion oriented according to a first angle relative to a surface of the light guide (see graphic below) and
a second portion oriented according to a second angle relative to the surface of the light guide (per the graphic),
wherein the second angle is larger than the first angle (per the graphic), and
has at least one of a predetermined spectral Bragg selectivity variation or a predetermined angular Bragg selectivity variation (¶ 96, "The grating structures may reflect light 510-g with a first wavelength about a reflective axis offset from a surface normal of the grating structure at a first set of incident angles and may reflect light 510-g with a second wavelength about a reflective axis offset from a surface normal of the grating structure at a second set of incident angles.” Both spectral and angular variation are seen in this quote. Further, both first and second portions are seen to have these characteristics) along one or more dimensions in a film plane of the volume grating (505-e).
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With respect to claim 2, Urness as set forth above discloses the device of claim 1, including one wherein
the volume grating (505-e) is embedded inside the light guide (500-d) between the in-coupling element (left side at 505-e) and the out-coupling element (515-d).
Per Fig. 5D.
With respect to claim 3, Urness as set forth above discloses the device of claim 2, including one wherein
the volume grating (505-e) has a predetermined grating period variation (true for sinusoidal/Bragg gratings) along the one or more dimensions in the film plane of the volume grating (505-e; true for sinusoidal/Bragg gratings), and
Bragg planes that are substantially in parallel to the film plane of the volume grating (505-e; generally true for sinusoidal/Bragg gratings as the normal to the grating elements which, to reflect as shown in the figures, must also be “substantially in parallel” to the film plane).
With respect to claim 4, Urness as set forth above discloses the device of claim 2, including one wherein:
the in-coupling element (left side) couples a first light (left side) into the light guide (500-d) as a second light (one or both of the arrows starting at the end of light 510-g) having a predetermined total internal reflection (“TIR”) propagation angle inside the light guide (500-d; generally seen as true for all light transmitted by light source 530-d (¶ 94) incident on the left side of Fig. 5D),
at least a portion of the volume grating (505-e):
partially backwardly diffracts the second light as a third light (lighter downward arrow starting at the end of 510-g) having the predetermined TIR propagation angle inside the light guide (500-d; which all selected light will have; as Urness is directed to visible light per Fig. 1, visible light has a predictable and predetermined TIR propagation angle inside the light guide), and
partially transmits in-coupled light as a fourth light (darker upward arrow starting at the end of 510-g) having the predetermined TIR propagation angle inside the light guide (500-d; per visible light as for the reflected/backwardly diffracted light), and
the out-coupling element (515-d) couples the third light and the fourth (light and dark arrows) light out of the light guide (500-d; right side near/at 515-d).
With respect to claim 5, Urness as set forth above discloses the device of claim 2, including one wherein:
the in-coupling element (left side) couples
a first input light (a first portion of 510-g having a first wavelength [Symbol font/0x6C]1), having a first incidence angle (per light radiation from source 530-d), into the light guide (500-d) as first in-coupled light having a first TIR propagation angle (per visible light) and
a second input light (a second portion of 510-g having a second wavelength [Symbol font/0x6C]2) having a second, different incidence angle (per light radiation from source 530-d) into the light guide (500-d) as a second in-coupled light having a second, different TIR propagation angle (per visible light)
inside the light guide (500-d),
a first portion of the volume grating (505-e) backwardly diffracts the first in--coupled light and transmits the second in-coupled light, and
a second portion of the volume grating (505-e) backwardly diffracts the second in--coupled light and transmits the first in-coupled light.
Regarding these last two clauses directed to the first and second portions, respectively, ¶ 41 states:
Each grating structure (e.g., each volume hologram) may reflect light in a manner different from another grating structure. For example, a first grating structure may reflect incident light of a first wavelength at a first incidence angle, whereas a second grating structure may reflect incident light of a second wavelength at the first incidence angle (e.g., different grating structures may be configured to reflect [that is, diffract backwardly – examiner] different wavelengths of light for incident light of the same incidence angle). Also, a first grating structure may reflect incident light of a first wavelength at a first incidence angle, whereas a second grating structure may reflect incident light of the first wavelength at a second incidence angle (e.g., different grating structures may be configured to reflect the same wavelength of light for incident light of different incidence angles). Furthermore, a grating structure may reflect first incident light of a first wavelength and first incidence angle, and the grating structure may reflect second incident light at a second wavelength and second incidence angle about the same reflective axis. In this manner, different grating structures can be used to selectively reflect a particular wavelength of light for incident light at a given incidence angle. These different grating structures may be super-imposed within the grating medium of the skew mirror 110. The skew mirror 110 may have a substantially constant (uniform) reflective axis (e.g., each grating structure of the skew mirror 110 has a same substantially constant reflective axis).
In this way, Urness is seen to provide:
a first portion of the volume grating (505-e) is configured to backwardly diffract the first in-coupled light and transmit the second in-coupled light, and
a second portion of the volume grating (505-e) is configured to backwardly diffract the second in-coupled light and transmit the first in-coupled light.
According to Bragg reflection phenomena, light not reflected is generally transmitted. So the first volume grating portion reflects/backwardly diffracts the first in-coupled light and transmits the second in-coupled light and vice-versa for the second volume grating portion.
With respect to claim 6, Urness as set forth above discloses the device of claim 5, including one wherein
the first input light and the second input light have a same incidence wavelength.
Per ¶ 101, the wavelengths are seen as the same.
¶ 101 reads, "The first grating structure may be configured to reflect light of a wavelength about a first reflective axis (e.g., light homogenizing reflective axis 550) parallel to the waveguide surface normal at a first incidence angle. The second grating structure may be configured to reflect light of the wavelength about a second reflective axis parallel to the waveguide surface normal at a second incidence angle different from the first incidence angle."
With respect to claim 7, Urness as set forth above discloses the device of claim 5, including one wherein:
the first portion of the volume grating (505-e):
partially backwardly diffracts the first in-coupled light as a first diffracted light, having the first TIR propagation angle, inside the light guide (500-d), and
partially transmits the first in-coupled light as a first transmitted light, having the first TIR propagation angle, inside the light guide (500-d), and
the second portion of the volume grating (505-e)
partially backwardly diffracts the second in-coupled light as a second diffracted light having a second TIR propagation angle inside the light guide (500-d), and
partially transmits the second in-coupled light as a second transmitted light having the second TIR propagation angle inside the light guide (500-d).
As the volume grating only partially reflects incident light, it also partially transmits incident light. This is true for both the first and the second in-coupled lights.
With respect to claim 8, Urness as set forth above discloses the device of claim 7, including one wherein
the out-coupling element (515-d):
couples the first diffracted light and the first in-coupled light that is transmitted out of the light guide (500-d) as a plurality of first output lights each having a first output angle, and
couples the second diffracted light and the second in-coupled light that is transmitted out of the light guide (500-d) as a plurality of second output lights each having a second, different output angle.
The out-coupling element is seen as so configured. Same product/same features.
For product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties and/or functions are presumed to be inherent. 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). MPEP § 2112.01(I).
Consequently, because Urness as set forth above as set forth above provides the structure of claim 8, the combination is seen as also providing the same claimed properties or functions of claim 8.
Unsupported features are seen to directly result from the supported/claimed structures. No authority is known by which unsupported or “naked” functions/characteristics/features can be claimed and subject to exclusive protection.
Below, this analysis is referred to as “same product/same features”.
With respect to claim 9, Urness as set forth above discloses the device of claim 8, including one wherein
the first output lights and the second output lights provide at least one of a uniform spatial illuminance distribution or a uniform angular illuminance distribution at the output portion of the light guide (500-d).
Same product/same features.
With respect to claim 10, Urness as set forth above discloses the device of claim 1, including one wherein:
the volume grating (505-e) is disposed at the input portion (per Fig. 5D) of the light guide (500-d),
the in-coupling element (left side at 505-e);
couples a first portion of an input light into the light guide (500-d) as a first in-coupled light having a predetermined TIR propagation angle (seen as so configured; same product/same features), and
transmits a second portion of the input light toward the volume grating (505-e; same product/same features), and
the volume grating (505-e) couples the second portion of the input light back into the light guide (500-d) as a second in-coupled light having the predetermined TIR propagation angle (same product/same features).
With respect to claim 11, Urness as set forth above discloses the device of claim 10, including one wherein
the volume grating (505-e) and the in-coupling element (left side at 505-e) are disposed at opposites sides or a same side of the light guide (500-d).
Per Fig. 5D, the two are on the same side. For opposite sides, United States patent application publication no. US 20140140653 A1 to Brown et al. (cited by Applicant) provides a relevant disclosure.
With respect to claim 12, Urness as set forth above discloses the device of claim 10, including one wherein:
the input light (510-g) is a first input light having a first incidence angle (so defined and per light radiation from source 530-d), and
the predetermined TIR propagation angle is a first predetermined TIR propagation angle (so defined and per light radiation from source 530-d),
the in-coupling element (left side at 505-e):
couples a first portion of a second input light having a second, different incidence angle (so defined and per light radiation from source 530-d), into the light guide (500-d) as a third in-coupled light having a second, different predetermined TIR propagation angle (so defined and per light radiation from source 530-d), and
transmits a second portion of the second input light toward the volume grating (505-e; same product/same features), and
the volume grating (505-e) couples the second portion of the second back into the light guide (500-d) as a fourth in-coupled light having the second predetermined TIR propagation angle (true as the light passes through or engages the volume grating and then continue on in the light guide).
With respect to claim 13, Urness as set forth above discloses the device of claim 12, including one wherein the out-coupling element (515-d):
couples the first and second in-coupled lights out of the light guide (500-d) as a plurality of first output lights each having a first output angle (same product/same features), and
couples the third and fourth in-coupled lights out of the light guide (500-d) as a plurality of second output lights each having a second, different output angle (same product/same features).
With respect to claim 14, Urness as set forth above discloses the device of claim 1, including one wherein:
the volume grating (505-e) is disposed at the output portion of the light guide (500-d; ¶ 95, "Grating medium 515-d may be implemented in a light coupling device (e.g., an input coupler, a cross coupler, or an output coupler) located within waveguide medium 535-d.” The same is similarly seen as true for volume grating 505-e with its gratings.),
the in-coupling element (left side at 505-e) couples an input light into the light guide (500-d) as an in--coupled light (same product/same features), and
the volume grating (505-e) diffracts the in-coupled light toward the out-coupling element (515-d; per Fig. 5D; same product/same features).
With respect to claim 15, Urness as set forth above discloses the device of claim 14, including one wherein:
the input light (510-g) is a first input light having a first incidence angle (so defined and per light radiation from source 530-d), and
the in-coupled light is a first input light having a first predetermined TIR propagation angle inside the light guide (500-d; so defined and per light radiation from source 530-d),
the in-coupling element (left side at 505-e):
couples a second input light having a second, different incidence angle (so defined and per light radiation from source 530-d), into the light guide (500-d) as a second in-coupled light having a second, different predetermined TIR propagation angle (so defined and per light radiation from source 530-d; same product/same features), and
the volume grating (505-e) diffracts the second in-coupled light toward the out-coupling element (515-d; per the arrows of Fig. 5D; same product/same features).
With respect to claim 16, Urness as set forth above discloses the device of claim 14, including one wherein
the out-coupling element (515-d) couples the first and second in-coupled lights out of the light guide (500-d) as a plurality of first output lights each having a first output and a plurality of second output lights each having a second output angle.
Same product/same features. Light appears to emerge at generally all angles to fill the "exit pupil in the eye box" per ¶ 40 end).
With respect to claim 17, Urness as set forth above discloses a device (Figs. 5A-5E), including one comprising:
a light guide (Fig. 5D, ¶¶ 97 et seq., optical system 500-d) coupled with an in-coupling element (the surface of the left side of Fig. 5D at 505-e, generally) at an input portion of the light guide (left side generally of 500-d); and
a volume grating (light homogenizing element 505-e, ¶ 96),
embedded in the light guide (500-d),
has at least one of a predetermined spectral Bragg selectivity variation or a predetermined angular Bragg selectivity variation (¶ 96, "The grating structures may reflect light 510-g with a first wavelength about a reflective axis offset from a surface normal of the grating structure at a first set of incident angles and may reflect light 510-g with a second wavelength about a reflective axis offset from a surface normal of the grating structure at a second set of incident angles.” Both spectral and angular variation are seen in this quote. Per claim 1, above, ¶ 96, "Light homogenizing element 505-e may further include a grating medium and more than one grating structures within the grating medium. The grating structures may include a plurality of holograms or sinusoidal [seen as Bragg] volume gratings. The grating structures may reflect light 510-g with a first wavelength about a reflective axis offset from a surface normal of the grating structure at a first set of incident angles and may reflect light 510-g with a second wavelength about a reflective axis offset from a surface normal of the grating structure at a second set of incident angles. Each grating structure may include a different reflective axis offset from the normal of the corresponding grating structure.") along one or more dimensions (reflective axes) in a film plane (per Fig. 5D) of the volume grating (505-e),
wherein the in-coupling element (left side at 505-e) couples an input light (left side at 505-e) into the light guide (500-d) as an in-coupled light (generally, one or both of the arrows starting at the end of light 510-g) propagating toward the volume grating (505-e; same product/same features), and
wherein the volume grating (505-e) has a first portion oriented according to a first angle relative to a surface of the light guide (500-d) and a second portion oriented according to a second angle relative to the surface of the light guide (500-d), wherein the second angle is larger than the first angle (see the graphic and analysis of claim 1, above.).
With respect to claim 18, Urness as set forth above discloses the device of claim 17, including one wherein:
the input light (510-g) is a first input light having a first incidence angle (per light radiation from source 530-d),
the in-coupled light is a first input light having a first predetermined TIR propagation angle (so defined and per light radiation from source 530-d) inside the light guide (500-d),
the in-coupling element (left side at 505-e) couples a second input light (a second portion of light 510-g) having a second, different incidence angle (so defined and per light radiation from source 530-d), into the light guide (500-d) as a second in-coupled light having a second, different predetermined TIR propagation angle (so defined, per visible light, and per light radiation from source 530-d) toward the volume grating (505-e),
a first portion of the volume grating (505-e):
diffracts the first in-coupled light out of the light guide (500-d and via the light’s travel path) as a first output light having a first output angle (per Fig. 5D), and transmits the second in-coupled light, and
a second portion of the volume grating (505-e):
diffract the second in-coupled light out of the light guide (500-d and via the light’s travel path) as a second output light having a second output angle, and the first in-coupled light.
Regarding these last two clauses directed to the first and second portions, respectively, ¶ 41 states:
Each grating structure (e.g., each volume hologram) may reflect light in a manner different from another grating structure. For example, a first grating structure may reflect incident light of a first wavelength at a first incidence angle, whereas a second grating structure may reflect incident light of a second wavelength at the first incidence angle (e.g., different grating structures may be configured to reflect [that is, diffract backwardly – examiner] different wavelengths of light for incident light of the same incidence angle). Also, a first grating structure may reflect incident light of a first wavelength at a first incidence angle, whereas a second grating structure may reflect incident light of the first wavelength at a second incidence angle (e.g., different grating structures may be configured to reflect the same wavelength of light for incident light of different incidence angles). Furthermore, a grating structure may reflect first incident light of a first wavelength and first incidence angle, and the grating structure may reflect second incident light at a second wavelength and second incidence angle about the same reflective axis. In this manner, different grating structures can be used to selectively reflect a particular wavelength of light for incident light at a given incidence angle. These different grating structures may be super-imposed within the grating medium of the skew mirror 110. The skew mirror 110 may have a substantially constant (uniform) reflective axis (e.g., each grating structure of the skew mirror 110 has a same substantially constant reflective axis).
In this way, Urness is seen to provide:
a first portion of the volume grating (505-e):
diffracts the first in-coupled light out of the light guide (500-d and via the light’s travel path) as a first output light having a first output angle (per Fig. 5D), and transmits the second in-coupled light, and
a second portion of the volume grating (505-e):
diffract the second in-coupled light out of the light guide (500-d and via the light’s travel path) as a second output light having a second output angle, and the first in-coupled light.
See claim 5, above.
With respect to claim 19, Urness as set forth above discloses the device of claim 18 including one wherein
the first output light and the second output light provide a uniform spatial illuminance distribution,
or a predetermined non-uniform spatial illuminance distribution at the output portion of the light guide (500-d).
Same product/same features.
With respect to claim 21, Urness as set forth above discloses the device of claim 17, including one wherein
the volume grating (505-e) is embedded inside the light guide (500-d) between the in-coupling element (left side at 505-e) and an out-coupling element (515-d).
Per Fig. 5D. See claim 2, above.
Response to Arguments
Applicant's arguments filed April 2, 2026 have been fully considered but they are not persuasive and the claim rejections are not rebutted.
Applicant argues that:
Applicant respectfully submits that the cited reference fails to disclose, teach, reasonably suggest, or render obvious at least the below underlined subject matter recited in amended independent claim 1 ("Claim 1") and similarly recited in amended independent claim 17 ("Claim 17"). Claim 1, inter alia, recites:
wherein the volume grating:
has a first portion oriented according to a first angle relative to a surface of the light guide and a second portion oriented according to a second angle relative to the surface of the light guide, wherein the second angle is larger than the first angle. Urness describes a "grating medium...[with]...one or more grating structures...configured to reflect light of a particular wavelength about a reflective axis offset from a surface normal of the grating structure at a particular plurality of incident angles.” Urness, Paragraph 31. And while Urness mentions embodiments of a device that "may have substantially constant reflective axes (i.e., reflective axes that have reflective axis angles that vary by less than 1.0 degree)...," this reference says nothing about "a first portion oriented according to a first angle relative to a surface of the light guide and a second portion oriented according to a second angle relative to the surface of the light guide, wherein the second angle is larger than the first angle," as recited in claim 1.
Examiner response: Per the rejection, any number of portions can be designated within the teachings of Urness.
Applicant's arguments with regards to the remaining claims all rely upon the arguments set forth above. Consequently, these remaining arguments as seen as being addressed by the examiner's corresponding remarks.
Applicant’s remaining arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. As such, the examiner makes no remarks regarding them.
Conclusion
Applicant’s publication US 20230359041 A1 published November 9, 2023 was previously cited.
No new art is cited.
Applicant's amendment necessitated any 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 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW JORDAN whose telephone number is (571) 270-1571. The examiner can normally be reached most days 1000-1800 PACIFIC TIME ZONE (messages are returned).
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. While examiner does not examine over the phone (see 37 C.F.R. § 1.2), examiner is glad to clarify or discuss issues so long as it forwards prosecution.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas (Tom) HOLLWEG can be reached at (571) 270-1739. 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.
/Andrew Jordan/
Primary Examiner, Art Unit 2874
V: (571) 270-1571 (Pacific time)
F: (571) 270-2571
June 13, 2026
Prosecution Insights