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 .
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.
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 8, 2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 1-11 and 13 are rejected under 35 U.S.C. 112(a) because the specification, while being enabling for “an eyeball state acquisition section is configured to acquire visual acuity information of an eye”, does not reasonably provide enablement for “wherein the beam controller is configured to: acquire visual acuity information of an eye” as recited in claim 1. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with these claims.
Regarding claim 1, the specification clearly sets forth in paragraph [0043 & 0051] that the eyeball state acquisition section (64) acquires visual acuity estimation parameters from information. For purposes of examination the examiner will use “an eyeball state acquisition section is configured to acquire visual acuity information of an eye; wherein the beam controller is configured to:
Further, for consistency, the examiner for purposes of examination will use “the eyeball state acquisition section is configured to acquire the information regarding the visual acuity according to a distance between the reflective surfaces” in claim 2.
Claims 2-11 and 13 are rejected under 35 U.S.C. 112(a) as failing to comply with the scope of enablement requirement, since they depend on claim 1 and therefore have the same deficiencies.
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.
Claim 6 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 6 “wherein the light emitter is configured to adjust at least either the beam diameter or the beam divergence angle in such a manner …” raises clarity issues. It is unclear if these adjustments by the light emitter is in addition to the adjustments by the beam controller (i.e. the beam expander and/or the liquid lens) of claim 1; or if the adjustments by the beam controller is meant. In light of the amendments and remarks the latter is assumed. The examiner suggests and for purposes of examination will use “wherein and/or the beam divergence angle are adjusted in such a manner …”
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations, insofar as they are understood, are:
“an eyeball state acquisition section is configured to acquire visual acuity information of an eye; wherein the beam controller is configured to:
“one or more sensors … further configured to acquire distances to reflective surfaces of the eye according to a result of the detection, and wherein the eyeball state acquisition section is configured to acquire the information regarding the visual acuity according to a distance between the reflective surfaces” in claim 2;
“wherein the light emitter is further configured to: acquire a crystalline lens thickness or an eye axial length to estimate the visual acuity of the eye; and adjust at least either the beam diameter or the beam divergence angle of the image laser light according to the visual acuity” in claim 4;
“wherein the light emitter is configured to: acquire a crystalline lens thickness to estimate a focal distance of the eye; and change at least either the beam diameter or the beam divergence angle of the image laser light on an image plane according to a relationship between the focal distance and a distance to an object in a three-dimensional space to be displayed” in claim 5;
“wherein and/or the beam divergence angle are adjusted in such a manner that an object that is present in the three-dimensional space and that is positioned within a predetermined range from a position corresponding to the focal distance is visually recognized with a higher resolution than other objects in the three- dimensional space” in claim 6, insofar as it is understood;
“one or more sensors configured to detect the reference laser light reflected from the eye and further configured to acquire distances to reflective surfaces of the eye according to a result of the detection, and wherein the light emitter is further configured to: acquire a data set regarding the distances to the plurality of reflective surfaces, at intervals shorter than intervals at which a frame of a video is displayed by the image laser light; and estimates a focal distance using the data set” in claim 7;
“an image data output unit comprising: one or more processors; and a memory device storing instructions that, when executed by the one or more processors, cause the image data output unit to change a resolution on the image plane according to the relationship between the focal distance and the distance to the object in the three-dimensional space; and generate data of the display image” in claim 8;
“wherein the light emitter is configured to detect the reference laser light reflected from the eye, at a position circumscribing an outlet port that is configured to allow the image laser light and the reference laser light reflected from the scanning mirror emitted” in claim 10;
“wherein the light emitter is configured to: acquire a gaze point by acquiring two-dimensional distribution of crystalline lens thicknesses, and change at least either the beam diameter or the beam divergence angle of the image laser light on an image plane according to the gaze point” in claim 11;
“generating processing image laser light indicative of a display image based on image data; acquiring visual acuity information regarding of an eye; causing at least either a beam expander or a liquid lens of a beam controller to adjust, according to the visual acuity information, at least either a beam diameter or a beam divergence angle of the image laser light; and projecting the image laser light onto a retina in the eye” in claim 12;
“wherein the light emitter comprises a visual acuity table comprising data indicating an association between a crystalline lens thickness and a visual acuity, and wherein the light emitter is configured to estimate the visual acuity from the visual acuity table using the acquired crystalline lens thickness” in claim 13;
“acquiring a gaze point by acquiring two-dimensional distribution of crystalline lens thicknesses; and changing at least either the beam diameter or the beam divergence angle of the image laser light on an image plane according to the gaze point” in claim 14;
“acquiring a crystalline lens thickness or an eye axial length to estimate the visual acuity of the eye; and adjusting at least either the beam diameter or the beam divergence angle of the image laser light according to the visual acuity” in claim 15;
“emitting reference laser light to the eye with a reference light source; detecting the reference laser light reflected from the eye with one or more sensors; and acquiring distances to reflective surfaces of the eye according to a result of the detection, wherein the information regarding the visual acuity is acquired according to a distance between the reflective surfaces” in claim 16;
“acquiring a data set regarding the distances to the plurality of reflective surfaces, at intervals shorter than intervals at which a frame of a video is displayed by the image laser light; and estimating a focal distance using the data set” in claim 17;
“acquiring a crystalline lens thickness to estimate a focal distance of the eye; and changing at least either the beam diameter or the beam divergence angle of the image laser light on an image plane according to a relationship between the focal distance and a distance to an object in a three-dimensional space to be displayed” in claim 18;
“wherein the at least either the beam diameter or the beam divergence angle is adjusted in such a manner that an object that is present in the three-dimensional space and that is positioned within a predetermined range from a position corresponding to the focal distance is visually recognized with a higher resolution than other objects in the three-dimensional space” in claim 19; and
“estimating the visual acuity from a visual acuity table using the acquired crystalline lens thickness, wherein the visual acuity table comprises data indicating an association between a crystalline lens thickness and a visual acuity” in claim 20.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f).
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.
Claims 1-2, 4-5, 8-9, 12-13, 15, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. foreign patent document CN217787507, using US Patent Application Publication 2023/0034562 as an English translation, in view of Bar-Zeev US Patent Application Publication 2012/0113092, of record.
Regarding claim 1, insofar as it is understood, Jiang discloses an image display system (title e.g. figures 1-2 & 5 near eye display/NED system 100) comprising: a light emitter (e.g. near eye displays 106 and/or emitter 202 in near eye sensors 108) comprising: an image indicative of a display image based on image data (axiomatic for a NED); and a beam controller (e.g. see figure 5), an eyeball state acquisition section is configured to acquire visual acuity information of an eye (inter alia abstract “near eye sensor mounted on the main body and configured to measure user eye parameters” e.g. near eye sensors 108a & 102b and user eye parameters 552); wherein the beam controller is configured to adjust the image according to the visual acuity information (inter alia abstract “configured to generate a display control signal based at least on the user eye parameters, wherein the display control signal drives the first near eye display and the second near eye display”) including adjusting the focus (paragraph [0020] discloses parameters may include focus range, sphere correction & cylinder correction indicating focal adjustments, such as beam diameter and/or beam divergence angle of the image, are adjusted and is at least a functional equivalent); and project the image laser light onto a retina in the eye (inter alia abstract “first image projected on a first retina”).
Jiang does not disclose the display image is generated by a laser and the beam controller is at least either: a beam expander configured to adjust a beam diameter of the image laser light; or a liquid lens configured to adjust a beam divergence angle of the image laser light.
Bar-Zeev teaches a similar image display system including an eyeball state acquisition section that acquires information regarding a state of an eye of a user (e.g. eye tracking assembly 134); a beam control section that adjusts (e.g. variable virtual focus adjuster 135), according to the information regarding the state of the eye, a beam state of image (inter alia abstract “focal region of the user is tracked, and a virtual object within the user focal region is displayed to appear in the focal region. As the user changes focus between virtual objects, they appear to naturally move in and out of focus as real objects in a physical environment would. The change of focus for the virtual object images is caused by changing a focal region of light processing elements in an optical path of a microdisplay assembly of the augmented reality display system”) and an image projection section that projects the image light onto a retina of the user (e.g. microdisplay 120 paragraph [0057] notes an exemplar 120 can be a PicoP™ engine from Microvision, Inc. emits light beamed directly into the eye); and further teaches the light beamed into the eye is laser light (paragraph [0057]) for the purpose of using a light source provided in the commercially available display unit and the beam controller (e.g. 135) is at least either: a beam expander configured to adjust a beam diameter of the image laser light; or a liquid lens configured to adjust a beam divergence angle of the image laser light (paragraph [0005] “a focal length of an optical element may be adjusted to obtain the desired focal region … a radius of curvature of a fluid or liquid lens may be adjusted” e.g. paragraph [0156] “embodiment of a microdisplay assembly employing at least one liquid lens in its lens system 122 such as that shown in FIGS. 3B1 and 3B2”) for the purpose of changing the focal region of a virtual object in an image (paragraph [0005]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the image display system as disclosed by Jiang to have the image light be laser light and the beam controller to be at least either: a beam expander configured to adjust a beam diameter of the image laser light; or a liquid lens configured to adjust a beam divergence angle of the image laser light as taught by Bar-Zeev for the purpose of using a commercially available display unit including a laser source for the purpose of changing the focal region of a virtual object in an image.
Regarding claim 2, insofar as it is understood, the combination of Jiang as modified by Bar-Zeev disclose the image display system according to claim 1, as set forth above. Jiang further discloses wherein the light emitter further comprises: a reference light source (e.g. 202) configured to emit reference laser light (paragraph [0040] “202 is a laser diode” e.g. light 206) to the eye (e.g. see figure 2); and one or more sensors (e.g. detector 204) configured to detect the reference laser light reflected from the eye (e.g. see figure 2) and further configured to acquire distances to reflective surfaces of the eye according to a result of the detection (inter alia paragraph [0039] discloses 108 is a time of flight sensor, which inherently measures distance), and wherein the eyeball state acquisition section is configured to acquire the information regarding the visual acuity according to a distance between the reflective surfaces (inter alia abstract “near eye sensor mounted on the main body and configured to measure user eye parameters”).
Regarding claim 4, insofar as it is understood, the combination of Jiang as modified by Bar-Zeev disclose the image display system according to claim 1, as set forth above. Jiang further discloses wherein the light emitter is further configured to: acquire a crystalline lens thickness or an eye axial length to estimate the visual acuity of the eye (inter alia paragraph [0024] “configured to capture or measure user eye parameters … may include one or more of cornea thickness, cornea curvature, pupil diameter, lens thickness …”); and adjust at least either the beam diameter or the beam divergence angle of the image laser light according to the visual acuity (as set forth above).
Regarding claim 5, insofar as it is understood, the combination of Jiang as modified by Bar-Zeev disclose the image display system according to claim 1, as set forth above. Jiang further discloses wherein the light emitter is configured to: acquire a crystalline lens thickness to estimate a focal distance of the eye (inter alia paragraph [0024] “configured to capture or measure user eye parameters … may include one or more of cornea thickness, cornea curvature, pupil diameter, lens thickness, focus range, interpupillary distance (IPD), sphere (i.e., the lens power needed to see clearly if nearsighted or farsighted), cylinder (i.e., the lens power needed to correct astigmatism), and the like”); and change at least either the beam diameter or the beam divergence angle of the image laser light on an image plane according to a relationship between the focal distance and a distance to an object in a three-dimensional space to be displayed (as set forth above).
Regarding claim 8, insofar as it is understood, the combination of Jiang as modified by Bar-Zeev disclose the image display system according to claim 5, as set forth above. Jiang further discloses an image data output unit (e.g. figure 5 microcontroller unit/MCU 502) comprising: one or more processors (e.g. processing unit 120); and a memory device (e.g. memory device 126) storing instructions that, when executed by the one or more processors (paragraph [0030] “processing unit 120 is configured to execute computer program codes stored in the memory device 126 in order to cause the near eye display system 100 to fulfill its various functions”), cause the image data output unit to change a resolution on the image plane according to the relationship between the focal distance and the distance to the object in the three-dimensional space and further configured to generate data of the display image (inherent for a system that changes the image based on the measured eye parameters).
Regarding claim 9, insofar as it is understood, the combination of Jiang as modified by Bar-Zeev disclose the image display system according to claim 2, as set forth above. Jaing does not disclose it is further comprising: a scanning mirror configured to reflect the image laser light in such a manner that a destination of the image laser light is two-dimensionally scanned over the retina, and also further configured to reflect and deliver the reference laser light to the eye. Bar-Zeev further teaches a scanning mirror that reflects the image laser light in such a manner that a destination of the image laser light is two-dimensionally scanned over the retina, and also reflects and delivers the reference laser light to the eyeball (paragraph [0057] “a PicoP™ engine from Microvision, Inc. emits a laser signal with a micro mirror steering … beamed directly into the eye”) for the purpose of using a light source provided in the commercially available display unit. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the image display system as disclosed by the combination of Jiang as modified by Bar-Zeev to have a scanning mirror configured to reflect the image laser light in such a manner that a destination of the image laser light is two-dimensionally scanned over the retina, and also further configured to reflect and deliver the reference laser light to the eye as further taught by Bar-Zeev for the purpose of using a commercially available display unit including a laser source.
Regarding claim 13, insofar as it is understood, the combination of Jiang as modified by Bar-Zeev disclose the image display system according to claim 5, as set forth above. Jiang further discloses wherein the light emitter comprises a visual acuity table comprising data indicating an association between a crystalline lens thickness and a visual acuity, and wherein the light emitter is configured to estimate the visual acuity from the visual acuity table using the acquired crystalline lens thickness (paragraph [0020] “near eye sensors … configured to measure user eye parameters … may include one or more of cornea thickness, cornea curvature, pupil diameter, lens thickness, focus range, interpupillary distance (IPD), sphere (i.e., the lens power needed to see clearly if nearsighted or farsighted), cylinder (i.e., the lens power needed to correct astigmatism), and the like … processing unit is configured to generate a display control signal based at least on the user eye parameters” & paragraph [0057] “It should be understood that the initial recommended settings 558 are exemplary rather than limiting, and other types of initial recommend settings can be employed. The initial recommended settings 558 are customized or individualized for the user 590 based on the user eye parameters 552 for the user 590. Different users get different and individualized initial recommended settings 558, which auto-compensate and accommodate each user's unique eye parameters” & paragraph [0065] “As briefly described above, the input generator 506 is also configured to collect data from a database 592 in some embodiments. The database 592 maintains and updates data related to different users, their eye parameters, their initial recommended settings, and their final user settings, and the like. Once the user eye parameters 552 for the user 590 are obtained, AI techniques (e.g., machine learning techniques) can be used to generate the initial recommended settings 558 using data in the database 592.”).
Regarding claims 12, 15, 18 and 20 under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986) see MPEP 2112.02. Since claim 12, 15, 18 and 20 recites the normal use of the device in claim 1, 4-5 and 13 claim 12, 15, 18 and 20 are rejected as inherent.
Claims 3, 6-7, 11, 14, 16-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. foreign patent document CN217787507, using US Patent Application Publication 2023/0034562 as an English translation, in view of Bar-Zeev US Patent Application Publication 2012/0113092, of record, and in further view of Lychagov et al. US Patent Application Publication 2022/0155599, of record.
Regarding claim 3, insofar as it is understood, the combination of Jiang as modified by Bar-Zeev disclose the image display system according to claim 2, as set forth above. Jiang and Bar-Zeev do not disclose or teach wherein the reference light source is configured to emit the reference laser light to the eye along a light path of the image laser light.
Lychagov teaches a similar image display system (title e.g. figure 13 head-mounted display 20) including an eyeball state acquisition section (e.g. eye accommodation distance determining device seen in figure 11) that acquires information regarding a state of an eye of a user and adjusts the image seen by the user using said information (paragraph [0113] “adjustable focal length rendering system 21 is connected with the eye accommodation distance determining device and receives a signal from it about an eye accommodation distance determined by the eye accommodation distance determining device . At the same time, the rendering system 21 is configures to adjust focal length based on the accommodation distance determined”); wherein a distance acquisition section (e.g. the interferometer of eye accommodation distance determining device seen in figure 11) that detects (e.g. “signal detection” a.k.a. detector 15 seen in figure 11) the reference laser light (e.g. light from 18) reflected from the eyeball and acquires distances to a plurality of reflective surfaces of the eyeball according to a result of the detection (inter alia abstract “laser beams reflected from eye reflecting surfaces, a signal processer configured to generate a signal spectrum using each of said plurality of interferometric signals, a distance determiner configured to determine distances to the eye reflecting surfaces”), wherein the eyeball state acquisition section acquires the information regarding the state of the eye according to distances between the plurality of reflective surfaces (inter alia abstract); and further teaches the reference light emission section emits the reference laser light to the eyeball through a path shared by the image laser light (e.g. figure 13 shows reflected/measurement light and virtual object/image light superimposed) for the purpose of having all of the electronics in the temple. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the image display system as disclosed by the combination of Jiang as modified by Bar-Zeev to have the reference light emission section emits the reference laser light to the eyeball through a path shared by the image laser light as further taught by Lychagov for the purpose of having all of the electronics in the temple.
Regarding claim 6, insofar as it is understood, the combination of Jiang as modified by Bar-Zeev disclose the image display system according to claim 5, as set forth above. Jiang and Bar-Zeev do not disclose or teach wherein the beam diameter and/or the beam divergence angle are adjusted in such a manner that an object that is present in the three-dimensional space and that is positioned within a predetermined range from a position corresponding to the focal distance is visually recognized with a higher resolution than other objects in the three-dimensional space.
Lychagov further teaches the beam diameter and/or the beam divergence angle are adjusted in such a manner that an object that is present in the three-dimensional space and that is positioned within a predetermined range from a position corresponding to the focal distance is visually recognized with higher resolution than other objects in the three-dimensional space (inter alia paragraph [0113] “the rendering system 21 may adjust the focal length so that virtual object displayed are always focused for the user's eye” e.g. see virtual object in figure 13) for the purpose of having a more accurate adjustment of the focal length of the head-mounted display based on the user's eye accommodation distance (paragraph [0113]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the image display system as disclosed by the combination of Jiang as modified by Bar-Zeev to have the system configured to adjust at least either the beam diameter or the beam divergence angle in such a manner that an object that is present in the three-dimensional space and that is positioned within a predetermined range from a position corresponding to the focal distance is visually recognized with a higher resolution than other objects in the three-dimensional space as taught by Lychagov for the purpose of having a more accurate adjustment of the focal length of the head-mounted display based on the user's eye accommodation distance.
Regarding claim 7, insofar as it is understood, the combination of Jiang as modified by Bar-Zeev disclose the image display system according to claim 1, as set forth above. Jiang further discloses wherein the light emitter comprises: a reference light source (e.g. 202) configured to emit reference laser light to the eye (e.g. 206) and one or more sensors configured to detect the reference laser light (e.g. 204) reflected from the eye (e.g. see figure 2) and further configured to acquire distances to reflective surfaces of the eye according to a result of the detection (inter alia paragraph [0039] discloses 108 is a time of flight sensor, which inherently measures distance), and wherein the light emitter is further configured to: acquire a data set regarding the distances to the plurality of reflective surfaces (axiomatic).
Jiang and Bar-Zeev do not disclose or teach data acquisition is at intervals shorter than intervals at which a frame of a video is displayed by the image laser light; and estimates a focal distance using the data set.
Lychagov further teaches the eyeball state acquisition section acquires a data set regarding the distances to the plurality of reflective surfaces (e.g. see signal detected at the 1st-4th surfaces in figure 11), at intervals shorter than intervals at which a frame of a video is displayed by the image laser light, and estimates the focal distance (implicit given statement “the rendering system 21 may adjust the focal length so that virtual object displayed are always focused for the user's eye” particularly “always focused”) for the purpose of having the virtual object always focused for the user's eye (paragraph [0113]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the image display system as disclosed by the combination of Bar-Zeev as modified by Lychagov to have the eyeball state acquisition section acquires a data set regarding the distances to the plurality of reflective surfaces, at intervals shorter than intervals at which a frame of a video is displayed by the image laser light, and estimates the focal distance as further taught by Lychagov for the purpose of having the virtual object always focused for the user's eye.
Regarding claim 11, insofar as it is understood, the combination of Jiang as modified by Bar-Zeev disclose the image display system according to claim 1, as set forth above. Jiang and Bar-Zeev do not disclose or teach wherein the light emitter is configured to: acquire a gaze point by acquiring two-dimensional distribution of crystalline lens thicknesses, and change at least either the beam diameter or the beam divergence angle of the image laser light on an image plane according to the gaze point.
Lychagov further teaches the eyeball state acquisition section acquires a gaze point of the user (inter alia paragraph [0022] “reconstructor may be further configured to determine a direction of an eye optical axis”) by acquiring two-dimensional distribution of crystalline lens thicknesses (inter alia paragraph [0021] “reconstructor may be further configured to calculate a cornea curvature radius, a lens front surface curvature radius, a lens rear surface curvature radius, a lens thickness, and a distance between lens and retina”), and the beam control section changes at least either a beam diameter or a beam divergence angle of the image laser light in an image plane according to the gaze point for the purpose of having a more accurate adjustment of the focal length of the head-mounted display based on the user's eye accommodation distance (paragraph [0113]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the image display system as disclosed by the combination of Jiang as modified by Bar-Zeev to have the eyeball state acquisition section acquires a gaze point of the user by acquiring two-dimensional distribution of crystalline lens thicknesses, and the beam control section changes at least either a beam diameter or a beam divergence angle of the image laser light in an image plane according to the gaze point as taught by Lychagov for the purpose of having a more accurate adjustment of the focal length of the head-mounted display based on the user's eye accommodation distance.
Regarding claims 14, 16-17 and 19 under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986) see MPEP 2112.02. Since claim 14, 16-17 and 19 recites the normal use of the device in claim 6-7 and 11 claim 14, 16-17 and 19 are rejected as inherent.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. foreign patent document CN217787507, using US Patent Application Publication 2023/0034562 as an English translation, in view of Bar-Zeev US Patent Application Publication 2012/0113092, of record, and in further view of Fix et al. US Patent 11,112,865, of record.
Regarding claim 10, insofar as it is understood, the combination of Jiang as modified by Bar-Zeev disclose the image display system according to claim 9, as set forth above. Jiang and Bar-Zeev do not disclose or teach wherein the light emitter is configured to detect the reference laser light reflected from the eye, at a position circumscribing an outlet port that is configured to allow the image laser light and the reference laser light reflected from the scanning mirror emitted.
Fix teaches a similar HMD (e.g. see figure 2) including an eyeball state acquisition section that acquires information regarding a state of an eye of a user (e.g. abstract “eye-tracking systems”) including an IR laser source (inter alia column 1 lines 59-61 “at least one infrared pixel may emit infrared light from at least one of: a vertical-cavity surface-emitting laser”) and uses the state of the eye information to improve the focus of the displayed image (inter alia column 1 lines 13-17). Fix further teaches light reflected from the eyeball, at a position circumscribing a port through which the image laser light and the reference laser light reflected from the scanning mirror are emitted (e.g. figure 4 shows IR source 408 emitting light and the IR sensors 410 in frame 404 surrounding 408) for the purpose of detecting glints at different positions to determine an orientation of the eye (inter alia column 10 line 53- column 11 line 7). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the image display system as disclosed by the combination of Jiang as modified by Bar-Zeev to have the distance acquisition section detects the reference laser light reflected from the eyeball, at a position circumscribing a port through which the image laser light and the reference laser light reflected from the scanning mirror are emitted as taught by Fix for the purpose of detecting glints at different positions to determine an orientation of the eye.
Response to Arguments
Applicant’s arguments, see remarks, filed May 8, 2026, with respect to objections to the specification, objections to the drawings and claim rejections under 112 have been fully considered and in combination with the amendments are persuasive. The objections to the specification, objections to the drawings and claim rejections under 112 have been withdrawn.
Applicant's arguments filed May 8, 2026 have been fully considered but they are not persuasive.
Regarding applicant’s argument that the amended claims no longer invoke 112(f) interpretations, the examiner is unpersuaded. The claims are replete with generic placeholders accomplishing functions without sufficient structure or steps to accomplish said functions. For example, claim 1 has a “beam controller” (a generic placeholder) acquiring visual acuity information. The structures associated with said beam controller are a beam expander and/or a liquid lens – neither one is capable of acquiring visual acuity information. Further, there is not any structural elements in the claim that would “acquire visual acuity information”.
Regarding applicant’s argument that the combination of Jiang as modified by Bar-Zeev (or Lychagov and/or Fix) fail to disclose a beam expander and/or a liquid lens, the examiner is unpersuaded. Particularly, Bar-Zeev teaches at least a liquid lens, as set forth above.
Conclusion
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/George G. King/Primary Examiner, Art Unit 2872 May 13, 2026
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