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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/31/2026 has been entered.
Status Of Claims
This Office Action is in response to an amendment received 3/31/2026 in which Applicant lists claims 3-9, 11-18 as being withdrawn, claim 2 as being original, claim 10 as being previously presented, and claims 1, 19-20 as being currently amended. It is interpreted by the examiner that claims 1-20 are pending.
If applicant is aware of any relevant prior art, or other co-pending application not already of record, they are reminded of their duty under 37 CFR 1.56 to disclose the same.
Specification
The amendments to the specification dated 3/31/2026 are accepted. The objections to the specification cited in the office action mailed 10/1/2025 are hereby withdrawn.
Response to Arguments
Applicant’s arguments, see pages 7-8 of the remarks, filed 3/31/2026, with respect to figures 13-14 and 19 of Popovich et al. (WO 2017/162999A1) not disclosing two physically distinct first and second input couplers have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of the embodiment of figure 11 of Popovich and the teachings of Oh (US 2018/0143509 A1) which disclose having two physically distinct first and second input couplers. It is further noted that having two physically distinct first and second input couplers is well-known in the waveguide display art as evidenced further by at least Weiss et al. (US 2006/0132914 A1), already made of record by Applicant in the 3/26/2024 IDS, wherein a single input coupler may be used to split light into two waveguide channels, or two physically distinct first and second input couplers may be used (see at least figures 9-10, elements 472, 498 and 500 of Weiss).
Additionally, Applicant's arguments that Popovich discloses separating the two paths through the waveguide by polarization and not by spectral band have been fully considered but they are not persuasive. Amended claims 1, 19 and 20 do not require that the first and second couplers specifically direct light based on the lights spectral band, but rather that the first and second input coupler direct a first spectral band into a first pupil and a second spectral band into a second pupil. At least steps 2023 and 2024, and page 22 line 21 through page 23 line 23, and page 27 lines 1-19 of Popovich, describe how the first and second diffraction gratings of the input coupler(s) (elements 233, 237, 238) direct a first spectral band (“wavelength λ1”) and a second spectral band (“wavelength λ2”) separately. Popovich appears to separate the two input paths by polarization states, but the two separate paths also have first and second spectral bands. Therefore, the first input coupler directs a first spectral band to a first waveguide pupil and a second input coupler directs a second spectral band to a second waveguide pupil. It is further noted that Oh additionally teaches that the input couplers may be wavelength selective such that they selectively redirect one or more wavelengths of light (see at least figures 9A-9C, elements 1212, 1222, 1232, paragraphs [0087]-[0088], [0093]-[0094] and [0099] of Oh)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Popovich et al., International Publication Number WO 2017/162999 A1, of record in at least the 3/26/2024 IDS (hereafter Popovich) in view of Schultz et al., U.S. Patent Application Publication Number 2020/0209630 A1, of record in at least one of the 5/13/2024 IDS (hereafter Schultz) and Oh, U.S. Patent Application Publication Number2018/0143509 A1 (hereafter Oh).
Regarding claim 19, Popovich discloses a method of displaying a color image comprising the steps of (see at least figures 13, 14 and 19, as well as page 7, line 19 through page 8, line 2; page 14, lines 17-18; page 22, line 21 through page 23, line 23; and page 27, lines 1-19):
providing a waveguide supporting a single grating layer (see at least figures 13-14, waveguide 230/231 wherein input grating 233, output grating 234 and fold gratings 235/236 are formed in the waveguide in a single layer; figure 19, step 2021; and page 27, lines 1-19), a source of light (see at least figure 13, light source 232; figure 19, step 2022; and page 27, lines 1-19), a first input coupler (see at least figure 13, elements 233, and one of 237 and 238; figure 19, step 2023; and page 27, lines 1-19), a second input coupler (see at least figure 13, elements 233, and another of 237 and 238; figure 19, step 2024; and page 27, lines 1-19), an output coupler comprising multiplexed first and second gratings (see at least figure 13, elements 234, 239 and 240; figure 19, steps 2027-2028; and page 27, lines 1-19), a first fold grating (see at least figure 13, element 235 or 236; figure 19, step 2025; and page 27, lines 1-19), and a second fold grating (see at least figure 13, the other of element 235 or 236; figure 19, step 2026; and page 27, lines 1-19);
directing a first spectral band from the source into a first waveguide pupil via the first input coupler (see at least figure 13, elements 232, 233 and 237; figure 19, steps 2021-2023; page 22, line 21 through page 23, line 23; and page 27, lines 1-19);
directing a second spectral band from the source into a second waveguide pupil via the second input coupler (see at least figure 13, elements 232, 233 and 238; figure 19, steps 2021-2022 and 2024; page 22, line 21 through page 23, line 23; and page 27, lines 1-19);
beam expanding the first spectral band light and redirecting it onto the output coupler by means of the first fold grating (see at least figure 13, elements 235 and 239; figure 19, step 2025; page 22, line 21 through page 23, line 23; and page 27, lines 1-19);
beam expanding the second spectral band light and redirecting it onto the output coupler by means of the second fold grating (see at least figure 13, elements 236 and 240; figure 19, step 2026; page 22, line 21 through page 23, line 23; and page 27, lines 1-19);
extracting from the waveguide the first spectral band light by means of the first multiplexed grating (see at least figure 13, element 239; figure 19, step 2027; page 22, line 21 through page 23, line 23; and page 27, lines 1-19); and
extracting from the waveguide the second spectral band light by means of the second multiplexed grating (see at least figure 13, element 240; figure 19, step 2028; page 22, line 21 through page 23, line 23; and page 27, lines 1-19).
Popovich does not explicitly disclose, with respect to the embodiment(s) set forth in figures 13, 14 and 19, that the first and second multiplexed gratings of the output coupler perform beam expansion.
However, Popovich further teaches that the multiplexed output gratings may additionally perform beam expansion (see at least page 15, lines 7-12; page 30, lines 19-20; page 31, line 22 through page 32, line 3; and page 32, line 18 through page 33, line 11).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the embodiment of the method set forth by figures 13, 14 and 19 of Popovich to include the further teachings of Popovich so that the first and second multiplexed gratings of the output coupler also perform beam expansion, for the purpose of achieving the predictable result of providing pupil expansion in both a first and second direction (e.g. horizontal and vertical directions), for each of the first and second spectral bands, while having a reasonable expectation for success (Popovich, page 32, line 18 through page 33, line 11).
Popovich does not explicitly disclose, with respect to the embodiment(s) set forth in figures 13, 14 and 19, that the output coupler includes multiplexed first and second gratings, a first fold grating and a second fold grating all multiplexed together.
However, Schultz teaches a similar waveguide display wherein multiple gratings, including fold gratings and output gratings which perform two-dimensional beam expansion, may be multiplexed together (see at least figures 4-8C, ODO, paras. [0007]-[0012], [0067]-[0079]).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the embodiment of the method set forth by figures 13, 14 and 19 of Popovich to include the teachings of Schultz so that the output coupler includes multiplexed first and second gratings, a first fold grating and a second fold grating, for the purpose using the known technique of multiplexing diffraction gratings to minimize the size of a waveguide by achieving the predictable result of providing pupil expansion in both a first and second direction (e.g. horizontal and vertical directions), for each of the first and second spectral bands, while having a reasonable expectation for success.
Popovich does not explicitly disclose, with respect to the embodiment(s) set forth in figures 13, 14 and 19, that the second input coupler is spatially separated from the first input coupler.
However, Popovich further teaches that input couplers may be spatially separated in a single waveguide (see at least figure 11, elements 211, 212 and 213, as well as page 21, lines 1-4).
Additionally, Oh teaches a waveguide display apparatus including multiple input couplers which may be located in various positions with respect to waveguides (i.e. on a top surface of a waveguide, on a bottom surface of a waveguide, or inside a waveguide), wherein the input couplers may be spatially separated, such as laterally spaced, and wherein the input couplers may be wavelength selective such that they selectively redirect one or more wavelengths of light (see at least figures 9A-9C, elements 1212, 1222, 1232, paragraphs [0087]-[0088], [0093]-[0094] and [0099] of Oh).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the embodiment of the method set forth by figures 13, 14 and 19 of Popovich in view of the teachings of Schultz to include the further teachings of Popovich and the teachings of Oh so that the second input coupler is spatially separated from the first input coupler, and so that the first input coupler directs a first spectral band of light from a source into a first pupil and the second input coupler directs a second spectral band of light from a source into a second pupil, for the purpose using the known elements and a known technique to facilitate injections of light of different wavelengths from separate sources into fold gratings and output couplers while having a reasonable expectation for success.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Popovich et al., International Publication Number WO 2017/162999 A1, of record in at least the 3/26/2024 IDS (hereafter Popovich) in view of Oh, U.S. Patent Application Publication Number2018/0143509 A1 (hereafter Oh).
Regarding claim 20, Popovich discloses a waveguide display (see at least figures 13, 14 and 19; page 7, line 19 through page 8, line 2; and page 14, lines 17-18), comprising:
a waveguide supporting a single grating layer (see at least figures 13-14, waveguide 230/231 wherein input grating 233, output grating 234 and fold gratings 235 are formed in the waveguide in a single layer);
a source of image-modulated light optically coupled to the waveguide (see at least figure 13, light source 232; page 7, line 19 through page 8, line 2; page 14, lines 17-18; and page 28, line 21 through page 29, line 23);
a first input coupler for directing a first spectral band of light from the source into a first waveguide pupil (see at least figures 13-14, elements 233, and one of 237 and 238, figure 19, step 2023; page 22, line 21 through page 23, line 23; and page 27, lines 1-19);
a second input coupler for directing a second spectral band of light from the source into a second waveguide pupil (see at least figures 13-14, elements 233, and another of 237 and 238, figure 19, step 2024; page 22, line 21 through page 23, line 23; and page 27, lines 1-19);
first and second fold gratings for diffracting the first and second spectral bands respectively (see at least figures 13-14, elements 235 and 236, figure 19, steps 2025 and 2026; page 22, line 21 through page 23, line 23; and page 27, lines 1-19); and
an output coupler comprising multiplexed first and second gratings for diffracting the first and second bands respectively out of the waveguide (see at least figures 13-14, elements 234, 239 and 240, figure 19, steps 2027 and 2028; page 22, line 21 through page 23, line 23; and page 27, lines 1-19).
Popovich does not explicitly disclose, with respect to the embodiment(s) set forth in figures 13, 14 and 19, that the second input coupler is spatially separated from the first input coupler.
However, Popovich further teaches that input couplers may be spatially separated in a single waveguide (see at least figure 11, elements 211, 212 and 213, as well as page 21, lines 1-4).
Additionally, Oh teaches a waveguide display apparatus including multiple input couplers which may be located in various positions with respect to waveguides (i.e. on a top surface of a waveguide, on a bottom surface of a waveguide, or inside a waveguide), wherein the input couplers may be spatially separated, such as laterally spaced, and wherein the input couplers may be wavelength selective such that they selectively redirect one or more wavelengths of light (see at least figures 9A-9C, elements 1212, 1222, 1232, paragraphs [0087]-[0088], [0093]-[0094] and [0099] of Oh).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the embodiment set forth by figures 13, 14 and 19 of Popovich to include the further teachings of Popovich and the teachings of Oh so that the second input coupler is spatially separated from the first input coupler, and so that the first input coupler directs a first spectral band of light from a source into a first pupil and the second input coupler directs a second spectral band of light from a source into a second pupil, for the purpose using the known elements and a known technique to facilitate injections of light of different wavelengths from separate sources into fold gratings and output couplers while having a reasonable expectation for success.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Popovich et al., International Publication Number WO 2017/162999 A1, of record in at least the 3/26/2024 IDS (hereafter Popovich) in view of Vallius et al., U.S. Patent Application Publication Number 2018/0203230 A1, of record in at least one of the 5/13/2024 IDS (hereafter Vallius) and Oh, U.S. Patent Application Publication Number2018/0143509 A1 (hereafter Oh).
Regarding claim 1, Popovich discloses a waveguide display (see at least figures 13, 14 and 19; page 7, line 19 through page 8, line 2; and page 14, lines 17-18), comprising:
a waveguide supporting a single grating layer having a general light propagation direction (see at least figures 13-14, waveguide 230/231 wherein input grating 233, output grating 234 and fold gratings 235/236 are formed in the waveguide in a single layer, and input light 1030 propagates in a general light propagation direction toward output light 1033);
a source of data-modulated light optically coupled to said waveguide (see at least figure 13, light source 232; page 7, line 19 through page 8, line 2; page 14, lines 17-18; and page 28, line 21 through page 29, line 23);
a first input coupler for directing a first spectral band of light from said source into a first waveguide pupil (see at least figures 13-14, elements 233, and one of 237 and 238, figure 19, step 2023; page 22, line 21 through page 23, line 23; and page 27, lines 1-19);
a second input coupler for directing a second spectral band of light from said source into a second waveguide pupil (see at least figures 13-14, elements 233, and another of 237 and 238, figure 19, step 2024; page 22, line 21 through page 23, line 23; and page 27, lines 1-19);
an output coupler comprising multiplexed first and second gratings (see at least figures 13-14, elements 234, 239 and 240, figure 19, steps 2027 and 2028; page 22, line 21 through page 23, line 23; and page 27, lines 1-19);
a first fold grating for directing said first spectral band along a first path from said first pupil to said output coupler and providing a first beam expansion (see at least figure 13, elements 235 and 239; figure 19, step 2025; page 22, line 21 through page 23, line 23; and page 27, lines 1-19);
at least a second fold grating for directing said second spectral band along a second path from said second pupil to said output coupler and providing a first beam expansion (see at least figure 13, elements 236 and 240; figure 19, step 2026; page 22, line 21 through page 23, line 23; and page 27, lines 1-19);
said first multiplexed grating directing said first spectral band out of said waveguide in a first direction (see at least figure 13, element 239; figure 19, step 2027; page 22, line 21 through page 23, line 23; and page 27, lines 1-19); and
said second multiplexed grating directing said second spectral band out of said waveguide in said first direction (see at least figure 13, element 240; figure 19, step 2028; page 22, line 21 through page 23, line 23; and page 27, lines 1-19).
Popovich does not explicitly disclose, with respect to the embodiment(s) set forth in figures 13, 14 and 19, that the first and second multiplexed gratings of the output coupler perform beam expansion orthogonal to said first beam expansion.
However, Popovich further teaches that the multiplexed output gratings may additionally perform beam expansion (see at least page 15, lines 7-12; page 30, lines 19-20; page 31, line 22 through page 32, line 3; and page 32, line 18 through page 33, line 11).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the embodiment of the method set forth by figures 13, 14 and 19 of Popovich to include the further teachings of Popovich so that the first and second multiplexed gratings of the output coupler also perform beam expansion, for the purpose of achieving the predictable result of providing pupil expansion in both a first and second direction, for each of the first and second spectral bands, while having a reasonable expectation for success (Popovich, page 32, line 18 through page 33, line 11).
Popovich further implies, but does not explicitly state, that the beam expansion performed by the multiplexed first and second output gratings is in a direction orthogonal to the beam expansion of the first and second fold gratings (Popovich, page 32, line 18 through page 33, line 11).
However, Vallius clearly teaches a waveguide display including at least one input coupler/grating (see at least element 112 or 1012; paras [0026]-[0027], [0034], [0090]-[0091]), at least one fold grating (see at least element 114, 1014a or 1014b; paras [0029], [0034], [0089]-[0091]), and at least one output coupler/grating (see at least element 116 or 1016; paras [0026]-[0027], [0034], [0090]-[0091]), wherein the input, fold and output gratings are in a single waveguide grating layer (paras. [0032]-[0033]), and wherein the beam expansion performed by the at least one fold grating is in a horizontal or vertical direction (paras [0029], [0091]), and the expansion performed by the at least one output coupler/grating is in the other of the horizontal or vertical direction (paras [0029], [0091]), wherein it is understood in the art that the horizontal and vertical directions are orthogonal to one another.
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the embodiment of the method set forth by figures 13, 14 and 19 of Popovich to include the further teachings of Popovich, and the teachings of Vallius, so that said first and second multiplexed gratings direct said first and second spectral bands out of said waveguide in a first direction with beam expansion orthogonal to said first beam expansion, for the purpose of achieving the predictable result of providing pupil expansion in both first and second orthogonal directions, for each of the first and second spectral bands, while having a reasonable expectation for success (Popovich, page 32, line 18 through page 33, line 11; and paras [0029], [0091] of Vallius).
Popovich does not explicitly disclose, with respect to the embodiment(s) set forth in figures 13, 14 and 19, that the second input coupler is spatially separated from the first input coupler.
However, Popovich further teaches that input couplers may be spatially separated in a single waveguide (see at least figure 11, elements 211, 212 and 213, as well as page 21, lines 1-4).
Additionally, Oh teaches a waveguide display apparatus including multiple input couplers which may be located in various positions with respect to waveguides (i.e. on a top surface of a waveguide, on a bottom surface of a waveguide, or inside a waveguide), wherein the input couplers may be spatially separated, such as laterally spaced, and wherein the input couplers may be wavelength selective such that they selectively redirect one or more wavelengths of light (see at least figures 9A-9C, elements 1212, 1222, 1232, paragraphs [0087]-[0088], [0093]-[0094] and [0099] of Oh).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the embodiment of the method set forth by figures 13, 14 and 19 of Popovich in view of the teachings of Vallius to include the further teachings of Popovich and the teachings of Oh so that the second input coupler is spatially separated from the first input coupler, and so that the first input coupler directs a first spectral band of light from a source into a first pupil and the second input coupler directs a second spectral band of light from a source into a second pupil, for the purpose using the known elements and a known technique to facilitate injections of light of different wavelengths from separate sources into fold gratings and output couplers while having a reasonable expectation for success.
Regarding claim 2, Popovich in view of Vallius and Oh discloses the limitations of claim 1, and that said first and second input couplers each comprise at least one of a prism and a grating (see at least figures 13-14, elements 233, 237 and 238, figure 19, step 2023-2024; page 22, line 21 through page 23, line 23; and page 27, lines 1-19 of Popovich).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Popovich et al., International Publication Number WO 2017/162999 A1, of record in at least the 3/26/2024 IDS (hereafter Popovich) in view of Vallius et al., U.S. Patent Application Publication Number 2018/0203230 A1, of record in at least one of the 5/13/2024 IDS (hereafter Vallius) and Oh, U.S. Patent Application Publication Number2018/0143509 A1 (hereafter Oh) as applied to claim 1 above, and further in view of Schultz et al., U.S. Patent Application Publication Number 2020/0209630 A1, of record in at least one of the 5/13/2024 IDS (hereafter Schultz).
Regarding claim 10, Popovich does not specifically disclose that the fold gratings are multiplexed with the output coupler, wherein the multiplexed fold gratings and output coupler have prescriptions for performing two-dimensional beam expansion and extraction of light from the waveguide.
However, Schultz teaches a similar waveguide display wherein multiple gratings, including fold gratings and output gratings which perform two-dimensional beam expansion, may be multiplexed together (see at least figures 4-8C, ODO, paras. [0007]-[0012], [0067]-[0079]).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the apparatus of Popovich in view of Vallius and Oh to include the teachings of Schultz so that the fold gratings are multiplexed with the output coupler, wherein the multiplexed fold gratings and output coupler have prescriptions for performing two-dimensional beam expansion and extraction of light from the waveguide, for the purpose using the known technique of multiplexing diffraction gratings to minimize the size of a waveguide by achieving the predictable result of providing pupil expansion in both a first and second direction (e.g. horizontal and vertical directions) and also extracting light from the waveguide, for each of the first and second spectral bands, while having a reasonable expectation for success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK S. CHAPEL whose telephone number is (571)272-8042. The examiner can normally be reached M-F 9:30am-6pm.
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/Derek S. Chapel/Primary Examiner, Art Unit 2872 4/8/2026
Derek S. CHAPEL
Primary Examiner
Art Unit 2872
Prosecution Insights