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 .
Drawings
The drawings were received on 01/16/2024. These drawings are acceptable.
Claim Objections
Claim 20 is objected to because of the following informalities: Claim 20 recites “at first light source” rather than reciting the expected indefinite article “a first light source”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 15-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toride et al. US PGPub 2022/0373803 A1 (of record, see IDS dated 09/13/2024, hereinafter, “Toride”).
Regarding independent claim 15, Toride discloses a device (Fig. 1A depicts an eyewear device, par. [0008]) comprising:
a first payload including a first optical element (Fig. 1A, headset 100 has display element 120 that includes optical elements, such as a lens, par. [0032], and a projector that emits light, such as red light, includes optical components such as a lens, par. [0047], and see Fig. 3 showing projector 300 with light source 310 and a plurality of optical elements 340, pars. [0059-63], thereby disclosing at least a first payload including at least a first optical element);
a second payload including a second optical element (Fig. 1A, headset 100 has a second display element 120 that includes optical elements, such as a lens, par. [0032], and a projector that emits light includes optical components such as a lens, par. [0047], and see Fig. 3 showing projector 300 with light source 310 and a plurality of optical elements 340, pars. [0059-63], therefore Toride discloses a second payload including second optical elements);
a first actuator (Fig. 1A, headset 100 has display element 120 that includes an actuator aligned multi-channel projector assembly, par. [0027], therefore disclosing at least a first actuator, and see Fig. 3 showing projector 300 with light source 310, holder 320, and lens barrel 330, where holder 320 may be configured to allow a range of movement of lens barrel 330 within holder 320, par. [0061], where movement of lens barrel 330 requires an actuator, and Fig. 3A shows projector 300 with actuator 355, par. [0065], therefore Toride discloses at least a first actuator); and
a second actuator (Fig. 1A, headset 100 has a second display element 120 that includes an actuator aligned multi-channel projector assembly, par. [0027], and see Fig. 3 showing projector 300 with light source 310, holder 320 and lens barrel 330, where holder 320 may be configured to allow a range of movement of lens barrel 330 within holder 320, par. [0061], and Fig. 3A shows projector 300 with actuator 360, par. [0065], thereby disclosing at least a second actuator), wherein the first actuator and the second actuator are configured to adjust the first payload or the second payload (Fig. 3, projector 300 has actuators 360 for optical elements 340, par. [0065], equivalent to first and second actuators configured to adjust first or second payloads, i.e., optical elements), and wherein at least one of the first actuator and or the second actuator is disposed within edge gaps of the first payload and the second payload (Fig. 3 shows projector 300 has actuators 360 for optical elements 340 that are disposed within edge gaps of the first and second optical elements 340).
Regarding dependent claim 16, Toride discloses the device of claim 15, wherein at least one of the first actuator and the second actuator is outside an outermost point of the first payload and the second payload (Fig. 3, actuators 360 for optical elements 340 in projector 300 are outside outermost points of optical elements 340).
Regarding dependent claim 17, Toride discloses the device of claim 15, wherein the first optical element includes a first light source (Fig. 1A, headset 100 has a display element 120 that includes optical elements, such as a lens, par. [0032], and a projector that emits light, par. [0047], and Fig. 3, projector 300, light source 310, and a plurality of optical elements 340, pars. [0059-63], therefore Toride discloses the first optical element includes a first light source, see also Fig. 3, projector 300 has light source 310 and optical elements 340) and the second optical element includes a second light source (Fig. 1A, headset 100 has a second display element 120 that includes optical elements, such as a lens, par. [0032], and a projector that emits light, par. [0047], and Fig. 3, projector 300, light source 310, and a plurality of optical elements 340, pars. [0059-63], therefore Toride discloses the second optical element with a second light source).
Regarding dependent claim 19, Toride discloses the device of claim 15, wherein the first optical element includes a first lens and the second optical element includes a second lens, and wherein a first Shape-Memory Alloy (SMA) wire included in the first actuator adjusts the first payload and the second payload (Toride discloses the actuators are configured to adjust positions of one or more optical components within a projector, where an actuator may be a shape memory alloy actuator, par. [0049]).
Regarding independent claim 20, Toride discloses a head-mounted display (HMD) (Fig. 1A, headset 100 with display elements 120, par. [0025], is a head-mounted display) comprising:
a frame (Fig. 1A, headset 100 includes frame 110, par. [0026]), ; and
a micro-display for presenting a virtual image to an eyebox region (Fig. 1A, headset 100 may be a near-eye display, par. [0025], with display elements 120 that generates image light provided to an eyebox of headset 100, par. [0027]), the micro-display comprising:
at first light source configured to emit first light of the virtual image (Fig. 1A, headset 100 includes display elements 120, and display element 120 includes an actuator aligned multi-channel projector assembly, par. [0027], where the channels of the projector assembly may be different colors, including a projector that emits red light, par. [0028]);
a second light source configured to emit second light of the virtual image (Fig. 1A, headset 100 includes display elements 120, and display element 120 includes an actuator aligned multi-channel projector assembly, par. [0027], where the channels may be different colors, including a projector that emits green light, par. [0028]);
a first lens assembly configured to focus the first light of the virtual image (Fig. 1A, display element 120 includes optical elements, such as a lens, par. [0032], and a projector that emits red light includes optical components such as a lens to adjust optical power and/or control a light path of the light within a projector, [0047], and see Fig. 3 showing projector 300 with light source 310 and a plurality of optical elements 340, where all of the optical elements are lenses in at least some embodiments, pars. [0059-63]);
a second lens assembly configured to focus the second light of the virtual image (Fig. 1A, display element 120 includes optical elements, such as a lens, par. [0032], and a projector that emits green light includes optical components such as a lens to adjust optical power and/or control a light path of the light within a projector, [0047], and see Fig. 3 showing projector 300 with light source 310 and a plurality of optical elements 340, where all of the optical elements are lenses in at least some embodiments, pars. [0059-63]); and
an actuator configured to adjust both the first lens assembly and the second lens assembly (Fig. 3 shows projector 300 has actuators 360 for optical elements 340 that are disposed to adjust both the first and second optical elements 340).
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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Toride.
Regarding dependent claim 18, Toride discloses the device of claim 15, wherein the first optical element (Fig. 1A, headset 100, display element 120 includes optical elements, such as a lens, par. [0032], and a projector that emits light includes optical components such as a lens, par. [0047], and Fig. 3, projector 300 has a plurality of optical elements 340, pars. [0059-63]) exists and the second optical element (Fig. 1A, headset 100 has a second display element 120 that includes optical elements, such as a lens, par. [0032], and a projector that emits light includes optical components such as a lens, par. [0047], and Fig. 3, projector 300 has a plurality of optical elements 340, pars. [0059-63]) exists, but Toride does not explicitly disclose the first and second optical element equivalents include first and second image sensors, respectively. However, Toride does disclose imaging devices 130 that capture images of the local area, par. [0033]. Toride further discloses headset 605 with depth camera assembly 645, par. [0073], and Toride discloses depth camera assembly 645 generates depth information for a local area by one or more imaging devices, par. [0079], therefore depth camera assembly 645 must include an image sensor to capture images for analysis. Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have included imaging devices, with imaging sensors, in the optical elements of the display elements 120 of headset 100, to provide information for a controller to compute depth information of a local area in which a user is wearing the headset 100 (Toride, par. [0034]).
Claims 1-7, 10, 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Toride in view of Kilcher et al. US PGPub 2015/0277213 A1 (hereinafter, “Kilcher”).
Regarding independent claim 1, Toride discloses a display (abstract refers to a display element of a headset, see Fig. 1A showing headset 100 with display element 120), comprising:
a source layer including a red light source configured to emit red light (Fig. 1A, headset 100 includes display elements 120, and display element 120 includes an actuator aligned multi-channel projector assembly, par. [0027], where the channels of the projector assembly may be different colors, including a projector that emits red light, par. [0028]), a green light source configured to emit green light (Fig. 1A, headset 100 includes display elements 120, and display element 120 includes an actuator aligned multi-channel projector assembly, par. [0027], where the channels may be different colors, including a projector that emits green light, par. [0028]), and a blue light source configured to emit blue light (Fig. 1A, headset 100 includes display elements 120, and display element 120 includes an actuator aligned multi-channel projector assembly, par. [0027], where the channels may be different colors, including a projector that emits blue light, par. [0028]);
a first lens assembly configured to focus the red light of an image (Fig. 1A, display element 120 includes optical elements, such as a lens, par. [0032], and a projector that emits red light includes optical components such as a lens to adjust optical power and/or control a light path of the light within a projector, [0047], and see Fig. 3 showing projector 300 with light source 310 configured to generate light of a particular channel, such as red light, par. [0060], and a plurality of optical elements 340, where all of the optical elements are lenses in at least some embodiments, pars. [0059-63]);
a second lens assembly configured to focus the green light of the image (Fig. 1A, display element 120 includes optical elements, such as a lens, par. [0032], and a projector that emits green light includes optical components such as a lens to adjust optical power and/or control a light path of the light within a projector, [0047], and see Fig. 3 showing projector 300 with light source 310 configured to generate light of a particular channel, such as green light, par. [0060], and a plurality of optical elements 340, where all of the optical elements are lenses in at least some embodiments, pars. [0059-63]);
a third lens assembly configured to focus the blue light of the image (Fig. 1A, display element 120 includes optical elements, such as a lens, par. [0032], and a projector that emits blue light includes optical components such as a lens to adjust optical power and/or control a light path of the light within a projector, [0047], and see Fig. 3 showing projector 300 with light source 310 configured to generate light of a particular channel, such as blue light, par. [0060], and a plurality of optical elements 340, where all of the optical elements are lenses in at least some embodiments, pars. [0059-63]);
a first actuator (display element 120 includes an actuator aligned multi-channel projector assembly, par. [0027], and see Fig. 3 showing projector 300 with light source 310, holder 320 and lens barrel 330, where holder 320 may be configured to allow a range of movement of lens barrel 330 within holder 320, par. [0061], and Fig. 3A shows projector 300 with actuator 355, par. [0065]);
a second actuator (display element 120 includes an actuator aligned multi-channel projector assembly, par. [0027], and see Fig. 3 showing projector 300 with light source 310, holder 320 and lens barrel 330, where holder 320 may be configured to allow a range of movement of lens barrel 330 within holder 320, par. [0061], and Fig. 3A shows projector 300 with actuator 360, par. [0065]); and
a third actuator (display element 120 includes an actuator aligned multi-channel projector assembly, par. [0027], and see Fig. 3 showing projector 300 with light source 310, holder 320 and lens barrel 330, where holder 320 may be configured to allow a range of movement of lens barrel 330 within holder 320, par. [0061], and Fig. 3A shows projector 300 with actuator 350, par. [0065]).
Toride does not explicitly disclose the first actuator, the second actuator, and the third actuator are disposed between the first, second, and third lens assemblies (Toride in Fig. 3 shows actuators of projector 300, with optical elements 340-1, 340-2, etc., and actuators 360 between optical elements 340, but because projector 300 has light source 310 configured to generate light of a particular channel, Toride does not explicitly show the actuator elements disposed between lens assemblies for red, green, and blue light sources in the lens assemblies).
In a related field of invention, Kilcher discloses a projection device 90, shown in at least Fig. 3 thereof, with light sources 1, 3, and 5 emitting red, green, and blue light beams 25, 27, and 29 (par. [0076] thereof) and actuators 91, 93, and 95 that enable adjustment of optical component 30 to direct light beams 25, 27, and 29 to a single point (par. [0085] thereof). As shown in Fig. 3 of Kilcher, actuators 91, 93, and 95 are disposed between light sources 1, 3, and 5. Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Kilcher to the disclosure of Toride and disposed actuators such as 350, 355, and/or 360 as taught by Toride between lens assemblies such as a plurality of projectors 300 for red, green, and blue light, for simplified assembly and lower required assembly tolerances (Kilcher, par. [0083]).
Regarding dependent claim 2, Toride in view of Kilcher (hereinafter, “modified Toride”) discloses the display of claim 1, and Toride further discloses wherein the first actuator, the second actuator, and the third actuator adjust at least two of the first lens assembly, the second lens assembly, or the third lens assembly (Toride Fig. 3, actuators 360 adjust optical elements 340, par. [0065]).
Regarding dependent claim 3, modified Toride discloses the display of claim 2, and Toride further discloses wherein a first Shape-Memory Alloy (SMA) wire is included in the first actuator (Toride discloses an actuator may be a shape memory alloy actuator, par. [0049]) rotates the first lens assembly clockwise and rotates the second lens assembly counterclockwise (Toride discloses actuators may rotate optical elements about the optical axis or about an axis perpendicular to the optical axis, or some combination thereof, pars. [0049], [0065], and rotational motion may be clockwise or counterclockwise depending on an observer’s view of the rotational motion).
Regarding dependent claim 4, modified Toride discloses the display of claim 1, and Toride further discloses wherein an actuation direction of the first actuator, the second actuator, and the third actuator is parallel to an actuator movement of the first actuator, the second actuator, and the third actuator (Fig. 3, projector 300, holder 320 may be configured to allow some range of movement of the lens barrel 330 parallel to optical axis 338, par. [0060], and actuators 360 are arranged so that actuation directions are parallel to the actuation directions of the actuators 360 in projector 300).
Regarding dependent claim 5, modified Toride discloses the display of claim 1, and Toride further discloses wherein an actuation direction of the first actuator, the second actuator, and the third actuator is non-parallel to an actuator movement of the first actuator, the second actuator, and the third actuator (Fig. 3, projector 300, holder 320 may be configured to allow some range of movement of the lens barrel 330, par. [0060], and the range of movement may be orthogonal to the optical axis 338, par. [0061], therefore Toride discloses actuation directions for actuators that are non-parallel to actuator movement of the other actuators).
Regarding dependent claim 6, modified Toride discloses the display of claim 1, and Toride further discloses wherein the first actuator, the second actuator, and the third actuator include helical, linear, levered, or scissor linkage actuators (Toride Fig. 3, plurality of actuators 350, 355, and 360, are configured to adjust positions of one or more optical component within the projector 300, and an actuator may translate an optical component along and/or parallel to the optical axis 338, par. [0065], therefore Toride discloses linear actuators).
Regarding dependent claim 7, modified Toride discloses the display of claim 1 and Toride discloses the display further comprising: a global actuator configured to adjust a focus distance of the first lens assembly, the second lens assembly, and the third lens assembly, wherein the first actuator, the second actuator, and the third actuator are coupled to adjust from the global actuator (Toride, Fig. 6, system 600 includes headset 605 with optics block 635, pars. [0072-73], and optics block 635 corrects optical errors associated with image light, par. [0075], and optics block 635 focuses image light, par. [0076], therefore Toride discloses the equivalent to a global actuator configured to adjust a focus distance of the first lens assembly, the second lens assembly, and the third lens assembly).
Regarding dependent claim 10, modified Toride discloses the display of claim 1 and Toride discloses the display further comprising: focusing logic configured to drive the first actuator, the second actuator, and the third actuator to focus the image (Toride discloses the plurality of actuators are configured to adjust positions of one or more optical component within the projector 300 in accordance with instructions from the display controller 230, par. [0065], where controller 230 is equivalent to a focusing logic unit) over a temperature range (Toride, alignment module 270 may monitor temperatures of the projectors and/or the optical components using signals from the one or more temperature sensors, par. [0055], and Toride in claim 8 discloses wherein a controller is configured to determine a target position for the at least one optical component based in part on a temperature of a portion of the projector).
Regarding dependent claim 12, modified Toride discloses the display of claim 10, and Toride further discloses wherein the focusing logic (as noted above, Toride controller 230 is equivalent to a focusing logic unit) is configured to drive the first actuator, the second actuator, and the third actuator in response to optical feedback of the display (Toride discloses a position of the projector relative to the combination element 250 may be adjusted to, e.g., align a portion of the multi-channel image formed from light of the first channel with a portion of the multi-channel image formed from light of a second channel, e.g., light from a different projector, focus the portion of the multichannel image formed from light of the first channel, reduce optical error/aberration in the portion of the multi-channel image formed from light of the first channel, or some combination thereof, par. [0050]).
Regarding dependent claim 13, modified Toride discloses the display of claim 1, and Toride further discloses wherein each actuator adjusts two or more lens assemblies (Fig. 3, projector 300, the plurality of actuators are configured to adjust positions of one or more optical component within the projector 300, par. [0065]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Toride in view of Kilcher as applied to claim 1 above, and further in view of Ebert US Patent 11,150,480 B1 (hereinafter, “Ebert ‘480”).
Regarding dependent claim 8, modified Toride discloses the display of claim 1, but the prior art combination does not disclose the display further comprising: a first lock mechanism configured to retain a first position of the first lens assembly; a second lock mechanism configured to retain a second position of the second lens assembly; and a third lock mechanism configured to retain a third position of the third lens assembly (neither Toride nor Kilcher disclose locks or locking mechanisms for lens assemblies or optical components disclosed therein).
In the same field of invention, Ebert ‘480 discloses head-mounted display system 10, shown in at least Fig. 1 thereof, where the head-mounted display system includes a locking system that is configured to lock a projector assembly in a translated position (col. 8, lines 18-21 thereof), and Fig. 8 of Ebert ‘480 shows locking system 380. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Ebert ‘480 to the disclosure of Toride and included locking systems configured to lock optical elements, such as lens assemblies, in a translated position when powering down the head-mounted display (Ebert ‘480, col. 2, lines 25-28).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Toride in view of Kilcher as applied to claim 10 above, and further in view of Topliss et al. US PGPub 2009/0295986 A1 (hereainfter, “Topliss”).
Regarding dependent claim 11, modified Toride discloses the display of claim 10, wherein the focusing logic is configured to drive the first actuator, the second actuator, and the third actuator of Shape-Memory Alloy (SMA) wires included in the first actuator, the second actuator, and the third actuator (Toride discloses the plurality of actuators are configured to adjust positions of one or more optical component within the projector 300 in accordance with instructions from the display controller 230, par. [0065], where controller 230 is equivalent to a focusing logic unit, and Toride discloses the actuators are configured to adjust positions of one or more optical components within a projector, where an actuator may be a shape memory alloy actuator, par. [0049]).
The prior art combination does not disclose the driving of the actuators in response to a resistance of the shape memory alloy wires.
In a related field of invention, Topliss discloses a camera lens actuation apparatus with accurate autofocusing control of an SMA actuation arrangement for driving a camera lens element, where the quality of focus is monitored and the value of a measure of the resistance of the SMA actuator is noted when focus is acceptable (pars. [0083-86] thereof), and a feedback control technique uses the measured resistance of the SMA material as a feedback signal to drive the measure of resistance to a stored value at which the quality of focus has been determined to be acceptable (par. [0091] thereof). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Topliss to the disclosure of Toride and included a feedback control technique for the shape memory alloy actuators by driving of the actuators in response to a resistance of the shape memory alloy wires, because Topliss teaches the use of resistance has a considerable advantage of being straightforward to implement by the provision of additional electronic components supplementing the control circuit needed to provide the current which heats the SMA material (Topliss, par. [0092]).
Allowable Subject Matter
Claims 9 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding dependent claim 9, Toride in view of Kilcher and Ebert ‘480 disclose the display of claim 8, but the prior art combination does not disclose wherein activating the first lock mechanism prevents adjustment of the first lens assembly while the second lens assembly is being adjusted by the first actuator, and wherein activating the second lock mechanism prevents adjustment of the second lens assembly while the third lens assembly is being adjusted by the second actuator (Ebert ‘480 discloses locking systems for optical elements when the system is powered off, but does not disclose, teach, or suggest the locking of optical elements while adjusting other optical elements).
Regarding dependent claim 14, modified Toride discloses the display of claim 1, wherein the first actuator, the second actuator, and the third actuator are disposed within edge gaps defined by the first lens assembly, the second lens assembly, and the third lens assembly (Fig. 3 shows projector 300 has actuators 360 for optical elements 340 that are disposed within edge gaps of the first and second optical elements 340).
The prior art combination does not disclose the actuators are disposed within center gaps defined by the lens assemblies (Toride does not disclose, teach, or suggest the disposition of actuators within the equivalent of center gaps of lens assemblies, refer to at least Fig. 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin W Hustoft whose telephone number is (571)272-4519. The examiner can normally be reached Monday - Friday 8:30 AM - 5:30 PM Eastern Time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached at (571)272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN W. HUSTOFT/Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872