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 .
Claim Objections
Claim 12 is objected to because of the following informalities: Claim 12 recites “a cameral to track…”, and it looks like a typographic and should be corrected as “a camera to track…”. Appropriate correction is required.
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, 12 and 16 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.
Claims 1, 12 and 16 recites “a diffractive surface having features structured to have a certain correction level.” The phrase “a certain correction level” is unclear and lacks objective boundaries, as the claim does not specify any measurable parameter, unit, or reference by which the recited correction level can be determined. The claim does not indicate whether the correction level corresponds to a refractive power, diopter value, wavefront error, focal shift, or other optical metric, n or does it provide a baseline or comparison by which the “certain” correction level may be evaluated. As a result, a person of ordinary skill in the art would not be reasonably apprised of the scope of this limitation, and would be unable to determine whether a given diffractive surface satisfied the claimed “certain correction level.”.
Further, claims 1, 12 and 16 recites that the diffractive surface “causes the corrective lens to have a sufficiently thin edge.” The term “sufficiently thin” is a relative and functional expression that lacks any objective standard, numerical threshold, or test method for determining sufficiency. The claim does not specify an edge thickness, thickness range, or comparative reference, and therefore provides no guidance as to when an edge is “sufficiently thin.”
Claim 11 recites the limitation "the prescription lens" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purpose, it will be interpreted as “the corrective lens”.
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.
Claim(s) 1, 2, 4-9, 11-13, 15-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perreault et al. US 2020/0132888.
Regarding claim 1, Perreault teaches a wearable device (para 0030 and Fig. 14: 1400), comprising:
a frame (see Fig. 14: frame of the wearable HMD 1400);
a corrective lens mounted to the frame (para 0018: “… providing corrective optical power…”; Fig. 14 (1413), and Fig. 13: 106),
wherein the corrective lens includes a diffractive surface having features structured to have a certain correction level (para 0018 and 0035 and Fig. 13: Fresnel-based varifocal lens to provide corrective optical power, similarly paragraphs [0018, 0020, 0025-0027]: teaches specifically freeform Fresnel lens structures implemented as phase mask plates having stepped surface features and phase functions with 2 pi phase winding, and also Fresnel/phase-mask surfaces are structured to provide a defined optical correction quantified in diopters, thereby meeting the limitation of “a diffractive surface having features structured to have a certain correction level”); and
at least one optical component mounted to the frame, the at least one optical component being positioned immediately adjacent to the corrective lens (as shown in Fig. 14 and para 0032: gaze-tracking camera 1420,1421 are disposed adjacent to 1413 and 1415),
wherein the diffractive surface of the corrective lens causes the corrective lens to have a sufficiently thin edge to prevent the edge of the corrective lens from occluding the at least one optical component (as shown in Fig. 3: optical system 100 with lens assembly 106 has diffractive surface in which the edge of the lens assembly 106 is thin and also not occluding gaze-tracking camera 1302, therefore, although Perreault does not expressly recite the phrase “sufficiently thin edge,” the disclosed configuration inherently requires that the corrective lens 106 as shown in Fig. 13 have a thin edge so as to avoid occluding the adjacent gaze-tracking optical component 1302).
Regarding claim 2, Perreault teaches the wearable device of claim 1, wherein the diffractive surface comprises a kinoform surface (see Figs. 2-13 and para 0018,0025-0027: describes Fresnel lenses structure as phase-only optical elements implementing cubic or quadratic phase functions with 2 pi winding, wherein the optical power is produced by stepped surface relief features that shape light by phase modulation rather than bulk refraction, and such phase-wrapped Fresnel lenses corresponds to a kinoform optical surface).
Regarding claim 4, Perreault teaches the wearable device of claim 1, wherein the edge of the corrective lens comprises a common thickness for features having structures designed for multiple levels of vision impairments (para 0025-0027: describe multiple optical correction levels e.g., different diopter changes rates achieved using the same Fresnel surface structures).
Regarding claim 5, Perreault teaches the wearable device of claim 1, wherein the at least one optical component comprises a camera to track movements of a user's eye when the user is wearing the wearable device (as shown in Fig. 14 and para 0032: gaze-tracking camera 1420,1421 are disposed adjacent to 1413 and 1415).
Regarding claim 6, the wearable device of claim 1, wherein the at least one optical component comprises a light source to emit light onto a user's eye when the user is wearing the wearable device (see para 0029: “the user's eye 1310 so as to directly capture light reflected from the user's eye 100. In such instances, the IR light may be directed toward the eye using one or more IR light emitting diodes (LEDs) disposed”).
Regarding claim 7, Perreault teaches the wearable device of claim 1, wherein the at least one optical component comprises an eye tracking system, the eye tracking system including: a camera to track movements of a user's eye when the user is wearing the wearable device (as shown in Fig. 14 and para 0032: gaze-tracking camera 1420,1421 are disposed adjacent to 1413 and 1415); and
a light source to emit light onto the user's eye when the user is wearing the wearable device, wherein the camera is to capture images of the user's eye while the light is emitted onto the user's eye (see para 0029: “the user's eye 1310 so as to directly capture light reflected from the user's eye 100. In such instances, the IR light may be directed toward the eye using one or more IR light emitting diodes (LEDs) disposed”).
Regarding claim 8, Perreault teaches the wearable device of claim 1, further comprising: a display apparatus positioned adjacent to the corrective lens (as least in Fig. 13: display 102 is disposed adjacent to Fresnel lens 106).
Regarding claim 9, Perreault teaches the wearable device of claim 8, wherein the display apparatus is to display virtual reality, augmented reality, and/or mixed reality images (see Fig. 14 and para 0030: “…a near-eye display system 1400 configured to provide virtual reality, augmented reality, or mixed reality functionality in accordance with some embodiments”).
Regarding claim 11, Perreault teaches the wearable device of claim 1, wherein the diffractive surface is provided on a first side of the prescription lens, the corrective lens also including a second feature on a second side of the corrective lens (see Fig. 13: 106).
Regarding claim 12, Perreault teaches a wearable device (see Figs. 13 and 14 and para 0030-0032: 1400), comprising:
a frame (see Fig. 14: frame of the wearable HMD 1400);
a corrective lens mounted to the frame (para 0018: “… providing corrective optical power…”; Fig. 14 (1413)),
wherein the corrective lens includes a diffractive surface having features structured to have a certain correction level (para 0018 and 0035 and Fig. 13: Fresnel-based varifocal lens to provide corrective optical power, similarly paragraphs [0018, 0020, 0025-0027]: teaches specifically freeform Fresnel lens structures implemented as phase mask plates having stepped surface features and phase functions with 2 pi phase winding, and also Fresnel/phase-mask surfaces are structured to provide a defined optical correction quantified in diopters, thereby meeting the limitation of “a diffractive surface having features structured to have a certain correction level”); and
a cameral to track movements of a user's eye when the user us wearing the wearable device mounted to the frame (as shown in Fig. 14 and para 0032: gaze-tracking camera 1420,1421 are disposed adjacent to 1413 and 1415),
the camera being positioned immediately adjacent to the corrective lens (as shown in Fig. 14 and para 0032: gaze-tracking camera 1420,1421 are disposed adjacent to 1413 and 1415), wherein the diffractive surface of the corrective lens causes the corrective lens to have a sufficiently thin edge to prevent the edge of the corrective lens from occluding the camera (as shown in Fig. 3: optical system 100 with lens assembly 106 has diffractive surface in which the edge of the lens assembly 106 is thin and also not occluding gaze-tracking camera 1302, therefore, although Perreault does not expressly recite the phrase “sufficiently thin edge,” the disclosed configuration inherently requires that the corrective lens 106 as shown in Fig. 13 have a thin edge so as to avoid occluding the adjacent gaze-tracking optical component 1302).
Regarding claim 13, Perreault teaches the wearable device of claim 12, wherein the diffractive surface comprises a kinoform surface (see Figs. 2-13 and para 0018,0025-0027: describes Fresnel lenses structure as phase-only optical elements implementing cubic or quadratic phase functions with 2 pi winding, wherein the optical power is produced by stepped surface relief features that shape light by phase modulation rather than bulk refraction, and such phase-wrapped Fresnel lenses corresponds to a kinoform optical surface).
Regarding claim 15, Perreault teaches the wearable device of claim 12, wherein the edge of the corrective lens comprises a common thickness for features having structures designed for multiple levels of vision impairments (para 0025-0027: describe multiple optical correction levels e.g., different diopter changes rates achieved using the same Fresnel surface structures).
Regarding claim 16, Perreault teaches a wearable device (para 0030 and Fig. 14: 1400), comprising:
a frame (see Fig. 14: frame of the wearable HMD 1400);
a corrective lens mounted to the frame (para 0018: “… providing corrective optical power…”; Fig. 14 (1413)),
wherein the corrective lens includes a diffractive surface having features structured to have a certain correction level (para 0018 and 0035 and Fig. 13: Fresnel-based varifocal lens to provide corrective optical power, similarly paragraphs [0018, 0020, 0025-0027]: teaches specifically freeform Fresnel lens structures implemented as phase mask plates having stepped surface features and phase functions with 2 pi phase winding, and also Fresnel/phase-mask surfaces are structured to provide a defined optical correction quantified in diopters, thereby meeting the limitation of “a diffractive surface having features structured to have a certain correction level”); and
an eye tracking system mounted to the frame (as shown in Fig. 14 and para 0032: gaze-tracking camera 1420,1421 are disposed adjacent to 1413 and 1415), the eye tracking system being positioned immediately adjacent to the corrective lens (as shown in Fig. 14 and para 0032: gaze-tracking camera 1420,1421 are disposed adjacent to 1413 and 1415), wherein the diffractive surface of the corrective lens causes the corrective lens to have a sufficiently thin edge to prevent the edge of the corrective lens from occluding the eye tracking system (as shown in Fig. 3: optical system 100 with lens assembly 106 has diffractive surface in which the edge of the lens assembly 106 is thin and also not occluding gaze-tracking camera 1302, therefore, although Perreault does not expressly recite the phrase “sufficiently thin edge,” the disclosed configuration inherently requires that the corrective lens 106 as shown in Fig. 13 have a thin edge so as to avoid occluding the adjacent gaze-tracking optical component 1302).
Regarding claim 17, Perreault teaches the wearable device of claim 16, wherein the eye tracking system comprises: a camera to track movements of a user's eye when the user is wearing the wearable device (as shown in Fig. 14 and para 0032: gaze-tracking camera 1420,1421 are disposed adjacent to 1413 and 1415); and
a light source to emit light onto the user's eye when the user is wearing the wearable device, wherein the camera is to capture images of the user's eye while the light is emitted onto the user's eye (see para 0029: “the user's eye 1310 so as to directly capture light reflected from the user's eye 100. In such instances, the IR light may be directed toward the eye using one or more IR light emitting diodes (LEDs) disposed”).
Regarding claim 18, Perreault teaches the wearable device of claim 16, wherein the diffractive surface comprises a kinoform surface (see Figs. 2-13 and para 0018,0025-0027: describes Fresnel lenses structure as phase-only optical elements implementing cubic or quadratic phase functions with 2 pi winding, wherein the optical power is produced by stepped surface relief features that shape light by phase modulation rather than bulk refraction, and such phase-wrapped Fresnel lenses corresponds to a kinoform optical surface).
Regarding claim 20, Perreault teaches the wearable device of claim 16, wherein the edge of the corrective lens comprises a common thickness for features having structures designed for multiple levels of vision impairments (para 0025-0027: describe multiple optical correction levels e.g., different diopter changes rates achieved using the same Fresnel surface structures).
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(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perreault as applied to claim 1 above, and further in view of Glik et al. US 2024/0385444.
Regarding claim 10, Perreault teaches the wearable device of claim 1, further comprising: a temple arm connected to the frame (see Fig. 14: temple used for mounting the AR 1400 into user’s head 1402). However, Perreault fails to explicitly teach that temples are hingedly connected to the frame.
In the same field of endeavor, Glik teaches wearable device including a pair of temples that are hingedly connected to the frame (see Fig. 2 and para 0033: “The first arm 210 is coupled to the front frame 230 by a hinge 219, which allows the first arm 210 to rotate relative to the front frame 230. The second arm 220 is coupled to the front frame 230 by the hinge 229, which allows the second arm 220 to rotate relative to the front frame 230.”). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the wearable device of Perreault by utilizing the claimed hinged connection between the arm and temple as taught by Glik in order to allow relative rotation of the temple with respect to the frame as described in para 0033 of Glik.
Claim(s) 3 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perreault as applied to claim 1 above, and further in view of Morris et al. US 2006/0050234.
Regarding claim 3, Perreault teaches the wearable device of claim 1, except for wherein the diffractive surface comprises an aspherical shaped kinoform surface to correct astigmatism in a user's eye.
Morris teaches diffractive lens configured to correct various vision impairments, and explicitly discloses correction of astigmatism using diffractive structures (see para 0013: explains that diffractive surfaces may be shaped to provide specific aberrations including correction). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify or configure the aspherical/freeform kinoform diffractive surface of the corrective lens of Perreault as taught by Morris in order to correct astigmatism.
Regarding claim 14, Perreault teaches the wearable device of claim 12, except for wherein the diffractive surface comprises an aspherical shaped kinoform surface to correct astigmatism in a user's eye.
Morris teaches diffractive lens configured to correct various vision impairments, and explicitly discloses correction of astigmatism using diffractive structures (see para 0013: explains that diffractive surfaces may be shaped to provide specific aberrations including correction). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify or configure the aspherical/freeform kinoform diffractive surface of the corrective lens of Perreault as taught by Morris in order to correct astigmatism.
Regarding claim 19, Perreault teaches the wearable device of claim 16, except for wherein the diffractive surface comprises an aspherical shaped kinoform surface to correct astigmatism in a user's eye.
Morris teaches diffractive lens configured to correct various vision impairments, and explicitly discloses correction of astigmatism using diffractive structures (see para 0013: explains that diffractive surfaces may be shaped to provide specific aberrations including correction). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify or configure the aspherical/freeform kinoform diffractive surface of the corrective lens of Perreault as taught by Morris in order to correct astigmatism.
Conclusion
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/EPHREM Z MEBRAHTU/Primary Examiner, Art Unit 2872