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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/03/2026 has been entered.
Examiner’s Comments
In view of the cancelation of claim 42, the prior 35 U.S.C. § 112 rejection of said claim is withdrawn.
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.
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.
Claims 25, 26, 29, 31, 33, 34, 37, 39, 41 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Bohn et al. (USPG Pub No. 2015/0002528), hereinafter “Bohn”, in view of Bradski et al. (USPG Pub No. 2016/0026253), hereinafter “Bradski”.
Regarding claim 25, Bohn discloses an optical apparatus (see Fig. 7B) comprising: a plurality of waveguides (160a-d) disposed in a substrate (112 with 116 and 118) (see Fig. 3B), each waveguide comprising a respective set of partially reflective mirrors (162) (see Fig. 7B, Paragraph 91), each partially reflective mirror capable of reflecting at least a portion of light emitted from at least one of a plurality of light sources (120) (Paragraph 43), wherein: the plurality of waveguides (160a-d) comprises a first waveguide and a second waveguide (see Fig. 7B), the first waveguide comprising a first set of partially reflective mirrors (162) and the second waveguide comprising a second set of partially reflective mirrors (162) (see Fig. 7B); a first surface of the first waveguide abuts a second surface of the second waveguide in the substrate (see Figs. 3B, 7B); light reflected by a partially reflective mirror (162) of the first set of partially reflective mirrors passes between two or more partially reflective mirrors of the second set of partially reflective mirrors and passes through the first and second surfaces (see Fig. 7B). Bohn discloses the claimed invention, but does not specify each waveguide of the plurality of waveguides corresponds to a respective focal length between a virtual image plane and an observer plane, each of the respective focal lengths generated at least in part by the respective set of partially reflective mirrors; the virtual image planes are overlapping; and each respective focal lengths is different in length than another one of the respective focal lengths. In the same field of endeavor, Bradski discloses each waveguide of the plurality of waveguides corresponds to a respective focal length between a virtual image plane and an observer plane (Paragraphs 250, 267), each of the respective focal lengths generated at least in part by the respective set of partially reflective mirrors (Paragraphs 250, 267); the virtual image planes are overlapping (Paragraphs 250, 267); and each respective focal lengths is different in length than another one of the respective focal lengths (Paragraphs 250, 267). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Bohn with each waveguide of the plurality of waveguides corresponds to a respective focal length between a virtual image plane and an observer plane, each of the respective focal lengths generated at least in part by the respective set of partially reflective mirrors; the virtual image planes are overlapping; and each respective focal lengths is different in length than another one of the respective focal lengths of Bradski for the purpose of providing the desired visual effect for the user (Paragraph 267).
Regarding claim 26, Bohn and Bradski teach the optical apparatus set forth above for claim 25, Bradski further discloses further comprising: a plurality of lens systems (234-242) (see Figs. 8P, 8Q), wherein: each lens system corresponds to a respective waveguide of the plurality of waveguides disposed in the substrate (see Figs. 8P, 8Q), and each lens system optically couples light emitted from at least one of the plurality of light sources (224-232) to the respective waveguide (see Figs. 8P, 8Q). It would have been obvious to one of ordinary skill to provide the optical apparatus of Bohn with the teachings of Bradski for at least the same reasons as those set forth above with respect to claim 25.
Regarding claim 31, Bohn and Bradski teach the optical apparatus set forth above for claim 25, Bradski further discloses wherein the plurality of waveguides disposed in the substrate are horizontally stacked (Paragraphs 455, 478). It would have been obvious to one of ordinary skill to provide the optical apparatus of Bohn with the teachings of Bradski for at least the same reasons as those set forth above with respect to claim 25.
Regarding claim 33, Bohn discloses an optical apparatus (see Fig. 7B) comprising: a plurality of light sources (120) (Paragraph 43); and a plurality of waveguides (160a-d) disposed in a substrate (112 with 116 and 118) (see Fig. 3B), each waveguide of the plurality of waveguides capable of receiving light from a corresponding light source of the plurality of light sources (see Fig. 7B, Paragraph 43), wherein: each waveguide of the plurality of waveguides comprises a respective set of partially reflective mirrors (162) for reflecting at least a portion of the received light from the corresponding light source (see Fig. 7B, Paragraph 91); the plurality of waveguides (160a-d) comprises a first waveguide and a second waveguide (see Fig. 7B), the first waveguide comprising a first set of partially reflective mirrors (162) and the second waveguide comprising a second set of partially reflective mirrors (162) (see Fig. 7B); a first surface of the first waveguide abuts a second surface of the second waveguide in the substrate (see Figs. 3B, 7B); light reflected by a partially reflective mirror (162) of the first set of partially reflective mirrors passes between two or more partially reflective mirrors of the second set of partially reflective mirrors and passes through the first and second surfaces (see Fig. 7B). Bohn discloses the claimed invention, but does not specify each respective set of partially reflective mirrors defines a focal length of a corresponding waveguide between an observer plane and a virtual image plane of a plurality of virtual image planes; the plurality of virtual image planes are overlapping; and the plurality of waveguides generates the plurality of virtual image planes arranged in a stack. In the same field of endeavor, Bradski discloses each respective set of partially reflective mirrors defines a focal length of a corresponding waveguide between an observer plane and a virtual image plane of a plurality of virtual image planes (Paragraphs 250, 267); the plurality of virtual image planes are overlapping (Paragraphs 250, 267); and the plurality of waveguides generates the plurality of virtual image planes arranged in a stack (see Figs. 8A, 8P, 8Q). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Bohn with each respective set of partially reflective mirrors defines a focal length of a corresponding waveguide between an observer plane and a virtual image plane of a plurality of virtual image planes; the plurality of virtual image planes are overlapping; and the plurality of waveguides generates the plurality of virtual image planes arranged in a stack of Bradski for the purpose of providing the desired visual effect for the user (Paragraph 267).
Regarding claim 34, Bohn and Bradski teach the optical apparatus set forth above for claim 33, Bradski further discloses further comprising a plurality of lens systems (234-242) optically coupled to the plurality of waveguides (see Figs. 8P, 8Q), wherein: a first lens system of the plurality of lens systems corresponding to a first waveguide of the plurality of waveguides focuses light of a first image at a first virtual image plane (see Figs. 8A, 8P, 8Q, Paragraphs 250-253, 267); a second lens system of the plurality of lens systems corresponding to a second waveguide of the plurality of waveguides focuses light of a second image at a second virtual image plane (see Figs. 8A, 8P, 8Q, Paragraphs 250-253, 267); the first waveguide projects the first image to the first virtual image plane via a first set of partially reflective mirrors (see Figs. 8A, 8P, 8Q, Paragraphs 250-253, 267); and the second waveguide projects the second image the second virtual image plane via a second set of partially reflective mirrors (see Figs. 8A, 8P, 8Q, Paragraphs 250-253, 267). It would have been obvious to one of ordinary skill to provide the optical apparatus of Bohn with the teachings of Bradski for at least the same reasons as those set forth above with respect to claim 33.
Regarding claims 29 and 37, Bohn further discloses wherein each partially reflective mirror comprises a metal coating configured to partially reflect incident light (Paragraph 60).
Regarding claim 39, Bohn and Bradski teach the optical apparatus set forth above for claim 33, Bradski further discloses wherein the plurality of waveguides is arranged in a horizontal stack (Paragraphs 455, 478). It would have been obvious to one of ordinary skill to provide the optical apparatus of Bohn with the teachings of Bradski for at least the same reasons as those set forth above with respect to claim 33.
Regarding claim 41, Bohn further discloses wherein the substrate (112 with 116 and 118) is an eyepiece, and wherein the plurality of waveguides (123) is embedded in the eyepiece having a surface facing a viewpoint (see Fig. 3B).
Regarding claim 43, Bohn further discloses wherein the respective set of partially reflective mirrors are parallel to one another (see Fig. 7B).
Claims 28 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Bohn (USPG Pub No. 2015/0002528) in view of Bradski (USPG Pub No. 2016/0026253) as applied to claims 25 and 33 above, and further in view of Popovich et al. (USPG Pub No. 2018/0284440), hereinafter “Popovich”.
Regarding claims 28 and 36, Bohn and Bradski disclose the claimed invention, but do not specify wherein the plurality of waveguides has a different index of refraction than the substrate. In the same field of endeavor, Popovich discloses wherein the plurality of waveguides has a different index of refraction than the substrate (Paragraph 76). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the system and apparatus of Bohn and Bradski with wherein the plurality of waveguides has a different index of refraction than the substrate of Popovich for the purpose of providing a thin, transparent, lightweight substrate (Paragraph 4), in order to obtain a low cost, efficient and compact waveguide system (Paragraph 5). Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Response to Arguments
Applicant’s arguments with respect to claims 25, 26, 28, 29, 31, 33, 34, 36, 37, 39, 41 and 43 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Bohn addresses the subject matter challenged by Applicant.
Conclusion
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872
2/21/2026