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 a filing of 6/5/2026.
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.
Continued Examination
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/5//2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/5/2026 complies with the provisions of 37 CFR 1.97. Accordingly, the examiner considered the information disclosure statement.
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 1-3, 5-7, 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Bierhuizen et al. (US20180239146) in view of Tohara et al. (US20200192079) and Toyama (JP2018054818A, English translation attached).
Regarding claim 1, Bierhuizen teaches an observation apparatus (Bierhuizen, paragraph [0004] “a system is described that includes a head-mounted display assembly. The head-mounted display assembly may include an image projecting device operable to display image content to at least one eye-piece in the head-mounted display assembly and an optical assembly”) configured to enable an observer to observe an image displayed on an image display surface (Bierhuizen, fig. 9, paragraph [0140] the display 916 may be an image projecting device operable to display image content to at least one eye-piece in a head-mounted display assembly housing assembly 900), the observation apparatus comprising:
an observation optical system (fig. 9, paragraph [0026] FIG. 9 is optical assembly configured to provide eye tracking functionality) that includes a half-transmissive reflective surface (Bierhuizen, paragraph [0139] “The lens 904 uses polarization optics and at least one 50/50 transflective (e.g., partially transmissive and partially reflective) filter stack 906”), and a reflective polarizer configured to transmit linearly polarized light (paragraph [0142] linear polarizer 510 is coated with the reflective element 412 that faces the at least one lens 904) in a first direction (fig. 5, x-axis) and to reflect linearly polarized light (Bierhuizen, paragraph [0139] with a folded optical path 902) in a second direction (Bierhuizen, fig. 5, y-axis) orthogonal to the first direction (Bierhuizen, fig. 5, x-axis); and
an imaging optical system configured to guide light that has transmitted through the reflective polarizer to an image pickup apparatus configured to image an observation side (Bierhuizen, fig. 9, paragraph [0143] The camera 908 be configured to capture images of an infrared reflection of light through the at least one lens. In some implementations, the camera is placed beneath the at least one lens and aimed toward the image projecting device to capture an image of an eye of a user accessing the head-mounted display assembly. In such an example, the image of the eye may be reflected from the reflective element),
a light source (paragraph [0150] “one or more light emitting diodes) configured to illuminate the observation side (the eye’s side; see Bierhuizen, paragraph [0150], “In some implementations, one or more light emitting diodes (LEDs) are placed in a perimeter surrounding each lens/filter assembly”; “the one or more light emitting diodes may be configured to direct light to an eye”),
wherein a transmittance at a wavelength of 850 nm of linearly polarized light in the second direction of the reflective polarizer is 30% or higher (see Bierhuizen, fig. 10, paragraph [0147], FIG. 10 is an illustration 1000 of transmission performance for an optical assembly having a plurality of the multi-layered polarization films described herein in combination with the 50/50 coating described throughout this disclosure. The 50/50 coating may transmit 50 percent of light and may reflect 50 percent of the light; see fig.10 shows the transmittance at a wavelength of 850 nm of linearly polarized light in the second direction y of the reflective polarizer is higher than 30%),
wherein the observation optical system includes a cemented lens (Bierhuizen, fig. 9, paragraph [0139], one or more transparent lenses 904 coatings),
wherein the light source is arranged in a circle around the observation optical system (see fig. 11, the light LEDs is arranged in a circle around the observation optical system in fig. 11; see paragraph [0150] “In some implementations, one or more light emitting diodes (LEDs) are placed in a perimeter surrounding each lens).
But Bierhuizen does not explicitly teach wherein the cemented lens consisting of a negative lens and a positive lens disposed on the observation side of the negative lens.
However, Tohara teaches the analogous image display (Tohara, abstract, provided is an image display device that can reduce deterioration in image quality in a peripheral portion of an eyepiece optical system, includes an eyepiece optical system having a polarization element and guiding light from an image display element toward eyeballs of an observer), and further teaches wherein the cemented lens (Tohara, figs. 1-7, a first exemplary embodiment, lens 104+Lens 105) consisting of a negative lens (lens 105, see paragraph [0039], data of table 1, and fig. 4, the lens 105 is negative lens) and a positive lens (lens 104, see paragraph [0039], data of table 1, and fig. 4, the lens 104 is positive lens) disposed on the observation side (fig. 4, eye 102) of the negative lens (lens 105).
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 Bierhuizen to have the cemented lens consisting of a negative lens and a positive lens disposed on the observation side of the negative lens as taught by Tohara for the purpose to reduce the birefringence, since the birefringence of a glass lens is very small, high-quality image observation is enabled (Tohara, paragraph [0058]).
Bierhuizen does not explicitly disclose wherein at least part of the light emitted from the light source passes through the reflective polarizer and illuminates an eye of an observer.
However, Toyama teaches the analogous light source (Toyama, paragraph [0075] “the detection light emitted by the LED light source 42 is near-infrared light.”), and further teaches wherein
at least part of the light emitted from the light source passes through the reflective polarizer (paragraph [0076], “The polarizer 10 is positioned so that its polarization axis is in the direction indicated by the arrows in Figures 1, 2, and 20, and it polarizes the detection light emitted from the LED light source 42.”; paragraph [0045] “Polarizer 10 is a wire grid type polarizer, and is a so-called reflective polarizer”) and illuminates an eye of an observer (see Toyama, fig. 20, “eye E” has been referred to as an eye of an observer; paragraph [0075] “Detection light is projected from the LED light source 42 towards the user's eye position”).
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 Bierhuizen to have the specific function as taught by Toyama for the purpose to provide a polarizer allowing easy installation of the polarizer onto a light irradiation device or a visual line tracker, and also to provide a visual line tracker capable of detecting a visual line with glasses (Toyama, abstract).
Regarding claim 2, combination Bierhuizen-Tohara-Toyama discloses the invention as described in Claim 1 and Bierhuizen further teaches wherein the reflective polarizer has a planar shape (see Bierhuizen, fig. 9, stack 906 is planar).
Regarding claim 3, combination Bierhuizen-Tohara-Toyama discloses the invention as described in Claim 1, but Bierhuizen of fig. 9 does not explicitly teaches wherein the half-transmissive reflective surface has a concave surface on the observation side.
However, Bierhuizen of fig. 19B teaches wherein the half-transmissive reflective surface (Bierhuizen, fig. 19B, stack assembly 1932) has a concave surface on the observation side (see Bierhuizen, fig. 19B, stack assembly 1932 has a concave surface on the eye 1910).
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 Bierhuizen of fig. 9 with the specific shape as taught by Bierhuizen of fig. 19B for the purpose to achieve improved optical performance of the optical assembly, increase image contrast and/or resolution for the HMD device that houses both assemblies (Bierhuizen, paragraph [0198]).
Regarding claim 5, combination Bierhuizen-Tohara-Toyama discloses the invention as described in Claim 1 and Bierhuizen further teaches wherein a cemented surface of the cemented lens (fig. 9, the lens 904) is the half-transmissive reflective surface (Bierhuizen, fig. 9, paragraph [0139] the lens 904 uses polarization optics and at least one 50/50 translative, e.g., partially transmissive and partially reflective).
Regarding claim 6, combination Bierhuizen-Tohara-Toyama discloses the invention as described in Claim 1 and Bierhuizen further teaches wherein the observation optical system includes a transmissive linear polarizer (Bierhuizen, fig. 9, a transmissive linear polarizer has been referred as the stack 914, paragraph [0142], the second filter stack 914 can include elements similar to those in FIG. 5. the first filter stack includes a first linear polarizer 502) disposed on an image display surface side (Bierhuizen, fig. 9, display panel 916) of the half-transmissive reflective surface (the 904).
Regarding claim 7, combination Bierhuizen-Tohara-Toyama discloses the invention as described in Claim 6 and Bierhuizen further teaches wherein a transmittance at the wavelength of 850 nm of the linearly polarized light in the second direction of the transmissive linear polarizer is 30% or higher (see Bierhuizen, fig. 10, paragraph [0147], FIG. 10 is an illustration 1000 of transmission performance for an optical assembly having a plurality of the multi-layered polarization films described herein in combination with the 50/50 coating described throughout this disclosure. The 50/50 coating may transmit 50 percent of light and may reflect 50 percent of the light; see fig.10 shows the transmittance at a wavelength of 850 nm of linearly polarized light in the second direction y of the reflective polarizer is higher than 30%).
Regarding claim 12, combination Bierhuizen-Tohara-Toyama discloses the invention as described in Claim 1 and Bierhuizen further teaches wherein the light emitted from the light source is near-infrared light having an emission peak at a wavelength of 700 nm to 1200 nm (Bierhuizen, paragraph [0150], the LEDS may provide IR light, or near IR light to the eye of a use; and see fig. 10, the peak at a wavelength of 1006 nm).
Regarding claim 14, combination Bierhuizen-Tohara-Toyama discloses the invention as described in Claim 1 and Bierhuizen further teaches wherein at least part of the light emitted by the light source illuminates the eye of the observer without passing through the reflective polarizer (Bierhuizen, paragraph [0150], IR light is directed through the 50/50 polarizer/lens/filter stack combination).
Response to Amendment
Applicant’s arguments with respect to claims have been considered but are moot because the arguments do not apply to any of the references or portions of the reference being used in the current rejections.
Conclusion
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, Pinping Sun can be reached on (571) 270-1284.The fax phone number for the organization where this application or proceeding is assigned is 571-273- 8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published application may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Services Representative or access to the automated information system, call 800-786-9199(In USA or Canada) or 571-272-1000.
/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
Prosecution Insights