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 .
The instant application having Application No. 18/339,948 filed on 6/22/2023 is presented for examination by the examiner.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Rejections - 35 USC § 112
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.
Claim 12 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation “wherein length of the input coupler is determined to provide sufficient coverage of the eye” which is indefinite since “sufficient coverage” is not clearly defined. The specification does not provide any further explanation on the meaning of “sufficient coverage”. For examination purposes, “sufficient coverage” will be understood to mean “coverage”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6, 8-10, and 12-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Robbins (US 20160085300 A1).
Regarding claim 1, Robbins discloses a device, in at least Figures 2A-4B, comprising:
a frame (115 "frame", Figures 2A, 2B);
a camera (134B "eye tracking IR sensor", Figures 2A, 2B, 4A) coupled to the frame (paragraph 0036 states "The eye tracking system 134 comprises an eye tracking illumination source 134A, which in this example is mounted to or inside the temple 102, and an eye tracking IR sensor 134B, which is this example is mounted to or inside a brow 103 of the frame 115");
a lens (116 "see-through lens", 118 "see-through lens", Figure 2B) coupled to the frame (115 "frame", paragraph 0034 states "the display optical system 14 includes a waveguide 112, an optional opacity filter 114, see-through lens 116 and see-through lens 118", paragraph 0033 states "A portion of the frame 115 of the near-eye display device 2 will surround a display optical system 14 for providing support for one or more optical elements") and configured to be positioned in front of an eye (140 “eye”, Figure 2B shows that 116 "see-through lens" and 118 "see-through lens" are both positioned in front of 140 "eye"); and
a waveguide (412 "waveguide", Figures 4A, 4B) embedded in the lens (116 "see-through lens", 118 "see-through lens", paragraph 0055 states "the waveguide 412 may be positioned next to or between see-through lenses (e.g., 116 and/or 118)"), wherein the waveguide (412 "waveguide") includes an output coupler (424 “output-coupler”) and an input coupler (414 “input-coupler”, paragraph 0056 states "The waveguide 412 includes an input-coupler 414 and an output-coupler 424"), wherein the input coupler (414 “input-coupler”) is configured to redirect light rays reflected off the eye (140 “eye”) to the output coupler (424 “output-coupler”) through the waveguide (412 "waveguide", paragraph 0043 states "an input-coupler (not specifically shown in FIGS. 2A and 2B, but shown in FIGS. 4A-4H) directs infrared reflections from the eye which pass through the see-through walls of the waveguide centered about the optical axis 142 into an optical path of the waveguide in a direction towards an output-coupler"), and wherein the output coupler (424 “output-coupler”) is configured to redirect the light rays from the waveguide (412 "waveguide") to the camera (134B "eye tracking IR sensor", paragraph 0043 states "an output-coupler (not specifically shown in FIGS. 2A and 2B, but shown in FIGS. 4A and 4E-4H) that directs infrared light towards the eye tracking IR sensor 134B");
wherein width of the input coupler (414 “input-coupler”) is narrower than length of the input coupler (414 “input-coupler”, Figure 4B shows that the width of 414 “input-coupler” is narrower than the length of 414 “input-coupler”).
Regarding claim 2, Robbins discloses all the limitations of claim 1 and further discloses wherein, to redirect light rays reflected off the eye to the output coupler (424 “output-coupler”) through the waveguide (412 "waveguide"), the input coupler (414 “input-coupler”) changes the angles of the light beams so that the light beams are at an angle to be directed by the waveguide (412 "waveguide") using total internal reflection (TIR) (paragraph 0062 states "The input-coupler 414, which is a diffractive element, is configured to have an angle of diffraction that is different than the angle of incidence. More specifically, the diffractive element input-coupler 414 adjusts the angle of light passing through the first transparent layer 402 so that the angle of the light as it meets the air-glass interface of the transparent layer 404 is beyond the critical angle and thus reflects internally in the waveguide 412") and are focused towards the output coupler (424 “output-coupler”) of the waveguide (412 "waveguide").
Regarding claim 3, Robbins discloses all the limitations of claim 1 and further discloses wherein the output coupler (424 “output-coupler”) is implemented as a prism with a reflective surface (paragraph 0064 states "The output-coupler 424, which can be reflective, diffractive or refractive, or a combination thereof, can be implemented, e.g., as a linear grating type of output-coupler, a holographic grating type of output-coupler, a prism or another optical coupler capable of causing infrared light to exit the waveguide 412") that acts to redirect the light rays from the waveguide (412 "waveguide") to the camera (134B "eye tracking IR sensor", paragraph 0064 states "Referring briefly back to FIG. 4A, the purpose of the output-coupler 424 is to cause infrared light to exit the waveguide 412 toward the lens module 430 and/or towards the eye tracking IR sensor 134B").
Regarding claim 4, Robbins discloses all the limitations of claim 1 and further discloses wherein the input coupler (414 “input-coupler”) uses diffraction to redirected the light rays (paragraph 0064 states "The input-coupler 414 can be implemented as a diffraction-grating").
Regarding claim 6, Robbins discloses all the limitations of claim 1 and further discloses wherein the input coupler (414 “input-coupler”) uses reflection to redirect the light rays (paragraph 0063 states "These infrared light beams enter the waveguide 412 at the input-coupler 414, propagate within the waveguide 412 from the input-coupler 414 to the output-coupler 424 by way of total internal reflections").
Regarding claim 8, Robbins discloses all the limitations of claim 1 and further discloses one or more light sources (134A "illumination source") configured to emit light rays towards the eye (140 “eye”, paragraph 0038 states "the eye tracking illumination source 134A may include one or more infrared (IR) emitters such as an infrared light emitting diode (LED) or a laser (e.g. VCSEL) emitting about a predetermined IR wavelength or a range of wavelengths", paragraph 0058 states "infrared light will be reflected from the eye 440, e.g., when the eye 440 is illuminated by infrared light produced by the eye tracking illumination unit 134A"), wherein the emitted light rays are reflected off of the eye (140 “eye”) towards the input coupler (414 “input-coupler”, paragraph 0058 states "the input-coupler 414 of the waveguide is preferably axially aligned with an eye 440, such that when the eye 440 is illuminated with infrared light, infrared light beams reflected from the eye will be incident on the input-coupler 414 of the waveguide 412 ... infrared light will be reflected from the eye 440, e.g., when the eye 440 is illuminated by infrared light produced by the eye tracking illumination unit 134A").
Regarding claim 9, Robbins discloses all the limitations of claim 8 and further discloses wherein the one or more light sources (134A "illumination source") are infrared light sources (paragraph 0038 states "the eye tracking illumination source 134A may include one or more infrared (IR) emitters such as an infrared light emitting diode (LED) or a laser (e.g. VCSEL) emitting about a predetermined IR wavelength or a range of wavelengths"), and wherein the camera (134B "eye tracking IR sensor") is an infrared camera (paragraph 0038 states "the eye tracking IR sensor 134B may be an IR camera or an IR position sensitive detector (PSD) for tracking glint positions").
Regarding claim 10, Robbins discloses all the limitations of claim 9 and further discloses wherein the camera (134B "eye tracking IR sensor") is an eye tracking camera configured to capture images of the cornea, iris, and pupil of the eye (134B "eye tracking IR sensor", paragraph 0106 states "The reflections from the cornea generally form small spots on the IR camera. These reflections are sometimes called eye glints. It can be shown that the eye vector can be calculated by tracking the relative positions of the pupil and glints", paragraph 0038 states "the eye tracking IR sensor 134B may be an IR camera or an IR position sensitive detector (PSD) for tracking glint positions", paragraph 0040 states "From the IR reflections, the position of the pupil within the eye socket can be identified by known imaging techniques when the eye tracking IR sensor 134B is an IR camera, and by glint position data when the eye tracking IR sensor 134B is a type of position sensitive detector (PSD). The use of other types of eye tracking IR sensors and other techniques for eye tracking are also possible and within the scope of an embodiment", paragraph 0001 states "an eye tracker includes an infrared (IR) light source to illuminate the user's eye and a sensor (e.g., camera) to image the user's eye, e.g., to observe the reflected glints and iris movements for calculation of a gaze direction") as illuminated by the one or more infrared light sources (134A "illumination source"), wherein the captured images are processed by a controller (220 "display driver") comprising one or more processors (210 "processor", paragraph 0047 states "Control circuit 200 includes processor 210, ..., a display driver 220 … each of the components of control circuit 200 is in communication with processor 210", Figure 3A) to determine gaze direction of the eye (140 “eye”, paragraph 0001 states "an eye tracker includes an infrared (IR) light source to illuminate the user's eye and a sensor (e.g., camera) to image the user's eye, e.g., to observe the reflected glints and iris movements for calculation of a gaze direction", paragraph 0036 "Infrared illumination and reflections also traverse the waveguide 112 for an eye tracking system 134 for tracking the position and gaze direction of the user's eyes").
Regarding claim 12, Robbins discloses all the limitations of claim 1 and further discloses wherein length of the input coupler (414 “input-coupler”) is determined to provide sufficient coverage of the eye (140 “eye”) given distance of the input coupler (414 “input-coupler”) from the surface of the eye (140 “eye”, paragraph 0060).
Regarding claim 13, Robbins discloses all the limitations of claim 1 and further discloses wherein width of the input coupler (414 “input-coupler”) is determined according to constraints including a constraint for an amount of light rays required to form a usable image at the camera (134B "eye tracking IR sensor") and a constraint to prevent light rays that are redirected by the input coupler (414 “input-coupler”) from bouncing off a surface of the waveguide (412 "waveguide") and reentering the input coupler (414 “input-coupler”, paragraph 0060).
Regarding claim 14, Robbins discloses all the limitations of claim 1 and further discloses wherein the input coupler (414 “input-coupler”) is vertically oriented or oriented at an angle relative to the lens (116 "see-through lens", 118 "see-through lens", Figure 4A shows that 414 “input-coupler” is vertically oriented).
Regarding claim 15, Robbins discloses all the limitations of claim 1 and further discloses wherein the camera (134B "eye tracking IR sensor") is located at a corner of the frame (115 "frame") configured to be proximate a temple or a bridge of a nose of a user (paragraph 0036 states "The eye tracking IR sensor 134B can alternatively be positioned between lens 118 and the temple 102").
Regarding claim 16, Robbins discloses all the limitations of claim 1 and further discloses wherein the waveguide (412 "waveguide") is a layer in the lens (116 "see-through lens", 118 "see-through lens") that is also used for displaying virtual images to a user (paragraph 0035 states "allowing the user to have an actual direct view of the space in front of head mounted display device 2 in addition to receiving a virtual image from the micro display 120. Thus, the walls of waveguide 112 are see-through waveguide 112 includes a first reflecting surface (e.g., a mirror or other surface) or a first diffractive grating 124. Visible light from micro display 120 passes through lens 122 and becomes incident on reflecting surface or diffractive grating 124. The reflecting surface or the diffractive grating 124 reflects or diffracts the incident visible light from the micro display 120 such that visible light is trapped inside a substrate comprising waveguide 112 by internal reflection").
Regarding claim 17, Robbins discloses all the limitations of claim 1 and further discloses wherein the waveguide (412 "waveguide") is implemented as a layer in the lens (116 "see-through lens", 118 "see-through lens") that is separate from a layer used for displaying virtual image to a user (paragraph 0035 states "allowing the user to have an actual direct view of the space in front of head mounted display device 2 in addition to receiving a virtual image from the micro display 120. Thus, the walls of waveguide 112 are see-through waveguide 112 includes a first reflecting surface (e.g., a mirror or other surface) or a first diffractive grating 124. Visible light from micro display 120 passes through lens 122 and becomes incident on reflecting surface or diffractive grating 124. The reflecting surface or the diffractive grating 124 reflects or diffracts the incident visible light from the micro display 120 such that visible light is trapped inside a substrate comprising waveguide 112 by internal reflection").
Regarding claim 18, Robbins discloses all the limitations of claim 1 and further discloses wherein the lens (116 "see-through lens", 118 "see-through lens") includes a prescription layer (paragraph 0034 states "See-through lenses 116 and 118 may be standard lenses used in eye glasses and can be made to any prescription"), wherein the waveguide (412 "waveguide") is embedded in the prescription layer (paragraph 0055 states "the waveguide 412 may be positioned next to or between see-through lenses (e.g., 116 and/or 118)").
Regarding claim 19, Robbins discloses all the limitations of claim 1 and further discloses wherein the device (2 "head mounted display device") is a head-mounted device (HMD) of an extended reality (XR) system (paragraph 0028 states "FIG. 2A is a side view of an eyeglass temple 102 of the frame 115 in an embodiment of the see-through, mixed reality display device embodied as eyeglasses providing support for hardware and software components").
Regarding claim 20, Robbins discloses a system, in at least Figures 2A-4B, comprising:
a head-mounted device (HMD) (2 "head mounted display device", Figures 2A, 2B), comprising:
a frame (115 "frame", Figures 2A, 2B);
a controller (220 "display driver", Figure 3A) comprising one or more processors (210 "processor", paragraph 0047 states "Control circuit 200 includes processor 210, ..., a display driver 220 … each of the components of control circuit 200 is in communication with processor 210", Figure 3A);
a camera (134B "eye tracking IR sensor") integrated in or attached to the frame (115 "frame", paragraph 0036 states "The eye tracking system 134 comprises an eye tracking illumination source 134A, which in this example is mounted to or inside the temple 102, and an eye tracking IR sensor 134B, which is this example is mounted to or inside a brow 103 of the frame 115");
a lens (116 "see-through lens", 118 "see-through lens", Figure 2B) coupled to the frame (115 "frame") configured to display virtual content generated by the controller (220 "display driver", paragraph 0048 states "Display driver 220 will drive microdisplay 120", paragraph 0031 states “the image source includes micro display 120 for projecting images of one or more virtual objects and lens system 122 for directing images from micro display 120 into a see-through waveguide 112”, paragraph 0055 states "the waveguide 412 may be positioned next to or between see-through lenses (e.g., 116 and/or 118)");
one or more infrared light sources (134A "illumination source") configured to emit infrared light rays towards an eye (140 “eye”, paragraph 0038 states "the eye tracking illumination source 134A may include one or more infrared (IR) emitters such as an infrared light emitting diode (LED) or a laser (e.g. VCSEL) emitting about a predetermined IR wavelength or a range of wavelengths", paragraph 0058 states "infrared light will be reflected from the eye 440, e.g., when the eye 440 is illuminated by infrared light produced by the eye tracking illumination unit 134A"), and
a waveguide (412 "waveguide") embedded in the lens (116 "see-through lens", 118 "see-through lens", paragraph 0055 states "the waveguide 412 may be positioned next to or between see-through lenses (e.g., 116 and/or 118)"), wherein the waveguide (412 "waveguide") includes an output coupler (424 “output-coupler”) and an input coupler (414 “input-coupler”, paragraph 0056 states "The waveguide 412 includes an input-coupler 414 and an output-coupler 424"), wherein the input coupler (414 “input-coupler”) is configured to use diffraction or reflection to redirect infrared light rays reflected off the eye to the output coupler (424 “output-coupler”) through the waveguide (412 "waveguide", paragraph 0043 states "an input-coupler (not specifically shown in FIGS. 2A and 2B, but shown in FIGS. 4A-4H) directs infrared reflections from the eye which pass through the see-through walls of the waveguide centered about the optical axis 142 into an optical path of the waveguide in a direction towards an output-coupler"), and wherein the output coupler (424 “output-coupler”) is configured to redirect the infrared light rays from the waveguide (412 "waveguide") to the camera (134B "eye tracking IR sensor", paragraph 0043 states "an output-coupler (not specifically shown in FIGS. 2A and 2B, but shown in FIGS. 4A and 4E-4H) that directs infrared light towards the eye tracking IR sensor 134B"), wherein width of the input coupler (414 “input-coupler”) is narrower than length of the input coupler (414 “input-coupler”, Figure 4B shows that the width of 414 “input-coupler” is narrower than the length of 414 “input-coupler”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Robbins (US 20160085300 A1), in view of Chatterjee (US 20210096369 A1).
Regarding claim 5, Robbins discloses all the limitations of claim 4, however Robbins does not disclose wherein the input coupler is implemented according to surface relief grating (SRG) technology or according to volume phase holography (VPH) technology.
Chatterjee teaches wherein the input coupler is implemented according to surface relief grating (SRG) technology (paragraph 0066 states "the in-coupler of the waveguide may be a standard grating, such as a surface relief grating, that provides a constant deflection angle over all angles of incidence associated with the generated image") or according to volume phase holography (VPH) technology.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the device of Robbins modified by wherein the input coupler is implemented according to surface relief grating (SRG) technology, as taught by Chatterjee, in order to provide a constant deflection angle over all angles of incidence (paragraph 0066).
Claims 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Robbins (US 20160085300 A1).
Regarding claim 7, Robbins discloses all the limitations of claim 6 and further discloses wherein the input coupler (414 “input-coupler”) is implemented as a small hot mirror (paragraph 0043 states "an input-coupler (not specifically shown in FIGS. 2A and 2B, but shown in FIGS. 4A-4H) directs infrared reflections from the eye which pass through the see-through walls of the waveguide centered about the optical axis 142 into an optical path of the waveguide in a direction towards an output-coupler ... a bidirectional hot mirror placed in front of a visible reflecting element with respect to the eye lets visible light pass but reflects IR wavelengths"),
However, Robbins does not disclose a line of small hot mirrors and each mirror equal to or less than 1 millimeter X 1 millimeter embedded in the waveguide substrate.
It would have been obvious to one of ordinary skill in the art before the effective filing date to duplicate a small hot mirror into a line of small hot mirrors, since it has been held that a mere duplication of working parts of a device involves only routine skill in the art. In re Harza 124 USPQ 378 (CCPA 1960).
It would have been obvious to one of ordinary skill in the art before the effective filing date to utilize small hot mirrors where each mirror equal to or less than 1 millimeter X 1 millimeter, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980).
Regarding claim 11, Robbins discloses all the limitations of claim 1 and further discloses wherein the input coupler is 20 to 30 millimeters in length (paragraph 0060 states "the horizontal-by-vertical area of the input-coupler is 28 mm×16 mm").
However, Robbins does not disclose wherein the input coupler is 0.5 to 1.5 millimeters in width.
It would have been obvious to one of ordinary skill in the art before the effective filing date to utilize an input coupler which has a width of 0.5 to 1.5 millimeters, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAINA M SWANSON whose telephone number is (703)756-5809. The examiner can normally be reached Mon-Fri, 7:30am-4:00pm.
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/ALAINA MARIE SWANSON/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872