DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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 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.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 1/17/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered 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.
Claims 1-11 are 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, cited term of “a second polarizing member arranged at an external side of a position of the first polarizing member” (line 16-17) is vague and renders the claims indefinite, as claimed position for the second polarizing member is not unique. There would be more than one positions for the second polarizing member, that would result in different device structures. For examples, the second polarizing member could be between the first polarizing member and the scattering member; or between the scattering member and the light-blocking member, or at external side of the light-blocking member. These different position structures having different beam paths and different optical performing functions. In a case of the second polarizing member between the first polarizing member and the scattering member, the second polarizing member not only restrict the external light to a second polarization direction, but also restrict the image light scattered by the scattering member to a second polarization direction.
Claims 2-11 are rejected as containing the deficiencies of claim 1 through their dependency from claim 1.
Regarding claims 5, claimed term of “the first polarizing member and the second polarizing member are arranged at the same substrate” (line 3-4) is indefinite and lacks antecedent. Claim 5 depends on claim 1, but none of them specifies “a substrate”.
Therefore proper amendments are required in order to clarify the scopes of the claims and overcome the rejections.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-4 and 6-10 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-12 of patent application 18415542 ( US application publication US 20240248307). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the claims of that of the present invention are disclosed in the respective claims of patent application 18415542 and are therefore anticipated by said claims. This is a provisional, obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
For comparison, the claims 1-4 and 6-10 of instant application with claims of 1-12 of US patent application 18415542 ( US application publication US 2024/0248307) are listed as follows side by side in the following table:
Claims of instant application: 18415553
Claims of US patent application 18415542 (US 20240248307)
Claim 1: A virtual image display device comprising:
a scattering member including a scattering region as a pixel display region, the scattering region being configured to scatter image light;
a projection optical system configured to irradiate the scattering region with the image light;
a light-blocking member arranged at an external side of the scattering member and configured to suppress incidence of external light on the scattering region;
a first polarizing member arranged at a face side of the scattering member and including a first polarizing region provided corresponding to the scattering region, the first polarizing region being configured to restrict the image light scattered by the scattering member to a first polarization direction;
a second polarizing member arranged at an external side of a position of the first polarizing member and including a second polarizing region configured to restrict the external light to a second polarization direction different from the first polarization direction; and
a polarization separation lens element arranged at a face side of the first polarizing member and having refractive power configured to selectively act on polarized light of the image light.
Claim 1: A head-mounted display apparatus comprising:
a scattering member including a first scattering region configured to scatter image light for a right eye and a second scattering region configured to scatter the image light for a left eye;
a first projection optical system configured to irradiate the first scattering region with the image light; a second projection optical system configured to irradiate the second scattering region with the image light;
a light-blocking member arranged at an external side of the scattering member and configured to suppress incidence of external light on the first scattering region and the second scattering region;
a first polarizing member arranged at a face side of the scattering member and including a first polarizing region provided corresponding to the first scattering region and the second scattering region, the first polarizing region being configured to restrict the image light scattered by the scattering member to a first polarization direction;
a second polarizing member arranged at an external side of a position of the first polarizing member and including a second polarizing region configured to restrict the external light to a second polarization direction different from the first polarization direction; and
a polarization separation lens element arranged at a face side of the first polarizing member and having refractive power configured to selectively act on polarized light of the image light.
Claim 2: The virtual image display device according to claim 1, wherein the scattering member includes the scattering region, and a light-transmitting region enabling visual recognition of an outside world.
Claim 2: The head-mounted display apparatus according to claim 1, wherein the scattering member includes the first scattering region, the second scattering region, and a light-transmitting region enabling visual recognition of an outside world.
Claim 3: The virtual image display device according to claim 1, wherein the first polarizing regions are discretely provided corresponding to the scattering regions.
Claim 6: The head-mounted display apparatus according to claim 1, wherein the first polarizing regions are discretely provided corresponding to the first scattering regions and the second scattering regions.
Claim 4: The virtual image display device according to claim 1, wherein the light-blocking member includes a light-blocking layer configured to suppress incidence of the external light, and the light-blocking layer has a size corresponding to that of the scattering region.
Claim 7: The head-mounted display apparatus according to claim 1, wherein the light-blocking member includes a light-blocking layer configured to suppress incidence of the external light and the light-blocking layer has a size corresponding to that of the first scattering region and the second scattering region.
Claim 6: The virtual image display device according to claim 1, wherein the polarization separation lens element is a polarization separation liquid crystal lens configured to cause a plurality of pixels to collectively form an image.
Claim 8: The head-mounted display apparatus according to claim 1, wherein the polarization separation lens element is a polarization separation liquid crystal lens configured to cause a plurality of pixels to collectively form an image.
Claim 7: The virtual image display device according to claim 1, wherein the projection optical system includes an image display panel configured to display an image, and projects light emitted from a light-emitting region of the image display panel onto the pixel display region as the image light.
Claim 9: The head-mounted display apparatus according to claim 1, wherein the first projection optical system includes a first image display panel configured to display an image, and projects light emitted from a light-emitting region of the first image display panel onto the first scattering region as the image light and the second projection optical system includes a second image display panel configured to display an image, and projects light emitted from a light-emitting region of the second image display panel onto the second scattering region as the image light.
Claim 8: The virtual image display device according to claim 1, wherein the projection optical system projects modulated light from a laser light source onto the pixel display region as the image light, by a micro mirror driven for scanning.
Claim 10: The head-mounted display apparatus according to claim 1, wherein the first projection optical system projects modulated light from a laser light source onto the first scattering region as the image light, by a micro mirror driven for scanning and the second projection optical system projects the modulated light from the laser light source onto the second scattering region as the image light, by the micro mirror driven for scanning.
Claim 9: The virtual image display device according to claim 1, wherein the light-blocking member, the scattering member, and the first polarizing member are integrated.
Claim 11: The head-mounted display apparatus according to claim 1, wherein the light-blocking member, the scattering member, and the first polarizing member are integrated.
Claim 10: The virtual image display device according to claim 1, wherein the scattering member includes a scattering region for red, a scattering region for green, and a scattering region for blue, and includes a light-transmitting region in a region where the scattering region is not arranged, the light-transmitting region being configured to transmit the external light.
Claim 12: The head-mounted display apparatus according to claim 1, wherein the scattering member includes a scattering region for red, a scattering region for green, and a scattering region for blue, and includes a light-transmitting region in a region where the scattering region is not arranged, the light-transmitting region being configured to transmit the external light.
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure:
(a) Fukuoka et al (US 20180231837) is cited for the teaching a virtual image display device (abstract; figs. 2-6) comprising: a scattering member including a scattering region as a pixel display region, the scattering region being configured to scatter image light (figs. 2-6, 60, 62/63/64); a projection optical system configured to irradiate the scattering region with the image light (figs. 2-6, 61); a light-blocking member arranged at an external side of the scattering member (fig. 14, 27/27a); a first polarizing member arranged at a face side of the scattering member and including a first polarizing region provided corresponding to the scattering region (figs. 2-6, 21 or 22); a second polarizing member arranged at an external side of a position of the first polarizing member and including a second polarizing region (fig. 15, 28); a polarization separation liquid crystal panel arranged at a face side of the first polarizing member (figs. 2-6, 20).
(b) Border et al (US 9091851) is cited for the teaching a virtual image display device (abstract; figs. 1-6) comprising: a scattering member including a scattering region as a pixel display region, the scattering region being configured to scatter image light (fig. 4, 420); a projection optical system configured to irradiate the scattering region with the image light (fig. 4, 460); a light-blocking member arranged at an external side of the scattering member (figs. 4-5, 480/580); a second polarizing member arranged at an external side of a position of the first polarizing member and including a second polarizing region (fig. 6, 465).
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Thomas Pham can be reached on (571) 272 3689.The Fax number for the organization where this application is assigned is (571) 273 8300.
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/JIE LEI/Primary Examiner, Art Unit 2872