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 .
Response to Amendment
This Office action is in response to the communication filed 4/2/2026.
The Amendments to Claims 1, 11, and 15-19, filed 4/2/2026, are acknowledged and accepted.
The Cancellation of Claims 14, filed 4/2/2026, are acknowledged and accepted.
Response to Arguments
On Pages 8-9 of the Remarks, Applicant’s arguments with respect to Claim(s) 1 have been considered but are moot because the Applicant is arguing newly amended claims, filed 4/2/2026, not the Non-Final Rejection filed 1/2/2026. Newly amended claims are argued below.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robbins et al. (9377623), hereinafter Robbins in view of Dodson, C M (CN11302548), hereinafter Dodson.
Regarding claim 1, Robbins discloses, in figures 2A and 2B, Glasses (2, see-through display device) (col. 3, lines 35-36 and col. 4, lines 20-21), comprising: an eyeglasses frame (115, frame) (col. 3, lines 56-57); a lens (116 and 118, see through lens) in the eyeglasses frame (115, frame) through which real-world objects are visible from an eye box (col. 5, lines 22-25); a display (120, micro display) configured to output visible light to form an image (col. 4, lines 43-52); a waveguide (112, waveguide) configured to provide the image to the eye box (col. 5, lines 31-40); a gaze tracker camera (134, eye tracking system) (col. 5, lines 50-62); an infrared light source (infrared illumination) configured to supply infrared light to the waveguide (112, waveguide) (col. 5, lines 50-58); and output couplers (123, wavelength selective filter and 126, reflecting surfaces) on the waveguide (112, waveguide) that overlap the lens and that each provide a respective beam of the infrared light (infrared illumination) to the eye box to produce an eye glint for the gaze tracker camera (134, eye tracking system) (col. 6, lines 11-20 and 42-49).
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Robbins does not disclose wherein the output couplers reflect the infrared light out of the waveguide while transmitting the visible light within the waveguide.
Dodson discloses wherein the output couplers reflect the infrared light out of the waveguide while transmitting the visible light within the waveguide (paragraph 0090 discloses blocking infrared light and transmitting visible light).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Robbins with the output coupler of Dodson for the purpose of providing image light to the eyebox.
Regarding claim 2, Robbins discloses wherein the output couplers each comprise a louver (col. 6, lines 11-20 and 42-49; Figure 2B shows the output couples 126 are angles slats; i.e. louver; see annotated figure 2B above).
Regarding claim 3, First Embodiment (figures 2A and 2B) of Robbins does not disclose wherein the output couplers each comprise a hologram.
However, a third Embodiment of Robbins (figures 4A and 4B) discloses wherein the output couplers (424, output couplers) each comprise a hologram (col. 11, lines 57-61).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of First Embodiment (figures 2A and 2B) with the hologram of Third Embodiment for the purpose of diffracting the light out of an optical waveguide.
Regarding claim 4, a third Embodiment of Robbins (figures 4A and 4B) discloses wherein the output couplers each comprise a surface relief grating (col. 11, lines 57-61 discloses the output-coupler 424, which can be reflective, diffractive or refractive, or a combination thereof; Examiner notes that surface relief grating (SRG) is used to diffract, redirect, and control light, acting as a diffraction grating).
Regarding claim 5, Robbins discloses wherein the infrared light source is configured to supply the infrared light at a wavelength of at least 900 nm (col. 12, lines 47-48 discloses 850 nm which is at least 900 nm).
Regarding claim 6, Robbins discloses wherein the output couplers are configured to be transparent to visible light (col. 6, lines 14-20).
Regarding claim 7, a third Embodiment of Robbins (figures 4A and 4B) discloses further comprising an input coupler configured to couple the infrared light from the infrared light source to the waveguide (col. 10, lines 10-14).
Regarding claim 8, a third Embodiment of Robbins (figures 4A and 4B) discloses wherein the input coupler comprises an input coupler selected from the group consisting of a hologram and a surface relief grating (col. 11, lines 21-22 discloses the input coupler is a diffraction grating; Examiner notes that a surface relief grating acts as a diffraction grating).
Regarding claim 9, a third Embodiment of Robbins (figures 4A and 4B) discloses wherein the input coupler comprises a louver (figure 4c shows slat, i.e. louver).
Regarding claim 10, a third Embodiment of Robbins (figures 4A and 4B) discloses wherein the input coupler comprises a reflector on a beveled surface of the waveguide (col. 11, lines 21-27).
Claim(s) 11-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robbins et al. (9377623), hereinafter Robbins in view of Chen, Jian-nong (CN 104597562), hereinafter Chen.
Regarding claim 11, Robbins discloses, in figures 2A and 2B, Glasses (2, see-through display device) (col. 3, lines 35-36 and col. 4, lines 20-21), comprising: an eyeglasses frame (115, frame) having a lens opening (opening where see through lens 116 and 118 are located) (col. 3, lines 56-57 and figures 2A and 2B); a lens (116 and 118, see through lens) in the lens opening that includes a positive bias lens and a negative bias lens (col. 5, lines 16-26 discloses the use or prescription lenses; Examiner notes prescription lenses can be either positive or negative), where real-world objects are viewable through the lens from an eye box (col. 5, lines 22-25); a waveguide (112, waveguide) having a portion between the positive bias lens and the negative bias lens (figure 2B above shows the waveguide 12 is between the lenses 116 and 118), wherein the waveguide provides an image to the eye box (col. 5, lines 31-40); ); an infrared light source (infrared illumination) configured to supply infrared light to the waveguide (112, waveguide) (col. 5, lines 50-58); and a plurality of localized output couplers (123, wavelength selective filter and 126, reflecting surfaces) in the portions of the waveguide (112, waveguide), where each of the localized output couplers directs a respective beam of the infrared light (infrared illumination) out of the waveguide and towards the eye box to produce an eye glint (col. 6, lines 11-20 and 42-49).
Robbins does not disclose wherein the localized output couplers are arranged in a ring around a center of the lens.
Chen discloses wherein the localized output couplers are arranged in a ring around a center of the lens (paragraph 0025 discloses a plurality of couplers arranged on the outer rings of the lens).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Robbins with the output couplers of Chen for the purpose of to excite the surface plasma exciting element.
Regarding claim 12, Robbins discloses further comprising an infrared gaze tracking camera (134, eye tracking system) directed towards the eye box to capture images of the eye glints (col. 6, lines 7-13).
Regarding claim 13, Robbins discloses further comprising a display (120, micro display) configured to provide the image to the waveguide (col. 4, lines 43-52).
Regarding claim 15, Robbins discloses wherein the output couplers are configured to transmit visible light through the waveguide (col. 6, lines 14-20).
Regarding claim 16, Robbins discloses wherein each of the localized output couplers are comprises a respective louver (col. 6, lines 11-20 and 42-49; Figure 2B shows the output couples 126 are angles slats; i.e. louver; see annotated figure 2B above).
Regarding claim 17, a third Embodiment of Robbins (figures 4A and 4B) discloses wherein each of the localized output couplers (424, output couplers) comprises a respective hologram (col. 11, lines 57-61).
Regarding claim 18, a third Embodiment of Robbins (figures 4A and 4B) discloses wherein each of the localized output couplers comprise a respective surface relief grating (col. 11, lines 57-61 discloses the output-coupler 424, which can be reflective, diffractive or refractive, or a combination thereof; Examiner notes that surface relief grating (SRG) is used to diffract, redirect, and control light, acting as a diffraction grating).
Regarding claim 19, Robbins discloses, in figures 2A and 2B, Glasses (2, see-through display device) (col. 3, lines 35-36 and col. 4, lines 20-21), comprising: an eyeglasses frame (115, frame) having an opening (opening where see through lens 116 and 118 are located) (col. 3, lines 56-57 and figures 2A and 2B); a lens (116 and 118, see through lens) in the opening through which real-world objects are visible from an eye box (col. 5, lines 22-25); a display (120, micro display) configured to output an image (col. 4, lines 43-52); a waveguide (112, waveguide) configured to output an image (col. 5, lines 31-40); ); a gaze tracker camera (134, eye tracking system) (col. 5, lines 50-62); an infrared light source (infrared illumination) configured to supply infrared light (col. 5, lines 50-58); and a plurality of light guides (123, wavelength selective filter and 126, reflecting surfaces) separate from the waveguide, wherein each of the light guides receives a respective portion of the infrared light from the infrared light source, and each of the light guides has an output at an edge of the opening that provides a respective infrared light beam to the eye box to produce an eye glint for the gaze tracker camera (col. 6, lines 11-20 and 42-49).
Claim(s) 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robbins et al. (9377623), hereinafter Robbins in view of Chen, Jian-nong (CN 104597562), hereinafter Chen as applied to claim 11 above, and further in view of Xu et al. (2019/0094069), hereinafter Xu.
Regarding claim 20, Robbins discloses all the limitations in common with claim 1, and such is hereby incorporated.
Robbins does not disclose wherein each of the light guides comprises a respective optical fiber.
Robbins and Xu are related as head mounted displays that included eyeglasses.
Xu discloses wherein each of the light guides comprises a respective optical fiber (paragraph 0054).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Robbins with the light guides of Xu for the purpose of routing light to the light detector integrated circuit.
Regarding claim 21, Xu discloses wherein each of the light guides comprises a molded polymer core embedded in polymer cladding (paragraph 0054).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDI N THOMAS whose telephone number is (571)272-2341. The examiner can normally be reached Monday - Friday 7:30 - 3:30.
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/BRANDI N THOMAS/ Primary Examiner, Art Unit 2872
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