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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/02/2024 has been considered by the examiner.
Claim Objections
Claims 13 and 15 are objected to because of the following informalities:
Claim 13, line 2, states “the first and second lenses comprises first and second opposing freeform surfaces”. The following amendment should be made for clarity: “the first lens comprises a first surface and the second lenscomprises a second surface, and the first and second surfaces are opposing freeform surfaces.
Claim 15, lines 1 and 2, states “wherein the first and second lenses comprise third and fourth non-freeform surfaces”. The following amendment should be made for clarity: wherein the first lens comprises a third surface and the second lens comprises a fourth surface, the third and fourth surfaces are
Claim 18 states “a second lens having a non-freeform surface facing the away from the non-freeform surface of the first lens and a freeform surface facing the freeform surface of the second lens”. The following amendment should be made for clarity: “a second lens having a non-freeform surface facing the away from the non-freeform surface of the first lens and a freeform surface facing the freeform surface of the first lens”.
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.
Claim 12 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.
Regarding claim 12, the limitation "wherein the freeform surface of the second lens or an additional freeform surface of the second lens opposite the freeform surface of the second lens provides the static vision correction component” in claim 12 is a relative limitation which renders the claim indefinite. Dependent claim 2 (which claim 12 depends from) states “wherein the first lens comprises a freeform surface and the second lens comprises a freeform surface that faces the freeform surface of the first lens and wherein the freeform surfaces of the first and second lenses provide the adjustable vision correction component”. Based on dependent claim 2, the freeform surface of the second lens is an adjustable vision correction, and in in claim 12 the freeform surface of the second lens is static, in which, claims 2 and 12 would contradict each other. For the sake of compact prosecution, the limitation “wherein the freeform surface of the second lens or an additional freeform surface of the second lens opposite the freeform surface of the second lens provides the static vision correction component” is understood by the examiner to mean the freeform surface of the second lens adjustable is a vision correction component.
Claim Rejections - 35 USC § 102
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 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 1-3, 5-7, 10-15 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perreault (US Patent Publication Number 2020/0132888 A1).
Perreault teaches, as claimed in claim 1, a head-mounted device (¶0015 “HMDs and other near-eye display systems”) comprising (Fig.1 and 14): a support structure (1404); first (112) and second lenses (114) that are coupled to the support structure (12) and that overlap each other ((¶0032 “optical systems 1413, 1415 each implement an optical system that utilizes a varifocal Fresnel-based lens assembly, such as the embodiments of the optical system 100 of FIGS. 1-13”), wherein one or more objects (102) are viewable through the first and second lenses (Fig. 13) from an eye box (1310); and an actuator coupled to the first lens and configured to laterally shift the first lens relative to the second lens (¶0020 “lens assembly 106 is configured to adjust or vary the pose of the phase mask plate 112 relative to the phase mask plate 114 via one or more actuators”) to switch between an aligned configuration (Fig. 2, left image) and an offset configuration (Fig. 2, right image), wherein the first and second lenses comprise an adjustable vision correction component1 (124 and 126; ¶0020 “changing the pose of the phase mask plate 112 relative to the phase mask plate 114, and thus changing the pose of the Fresnel lens structure 126 relative to the Fresnel lens structure 126, induces a phase variation that is the differential of the cubic surface profiles, resulting in a quadratic phase profile; that is, changes an optical power” ) and a static vision correction (116 and 120; ¶0021 “surfaces 116, 120 may implement a convex surface or a concave surface to introduce a fixed positive or negative optical power”).
Perreault teaches, as claimed in claim 2, wherein the first lens (112) comprises a freeform surface (124) and the second lens (114) comprises a freeform surface (126) that faces the freeform surface (124) of the first lens (112) and wherein the freeform surfaces of the first and second lenses provide the adjustable vision correction component (¶0020 “changing the pose of the phase mask plate 112 relative to the phase mask plate 114, and thus changing the pose of the Fresnel lens structure 126 relative to the Fresnel lens structure 126, induces a phase variation that is the differential of the cubic surface profiles, resulting in a quadratic phase profile; that is, changes an optical power” ).
Perreault teaches, as claimed in claim 3, wherein the second lens (114) comprises a non-freeform surface (120) opposite the freeform surface (126) of the second lens and wherein the non-freeform surface provides the static vision correction component (¶0021 “surfaces 116, 120 may implement a convex surface or a concave surface to introduce a fixed positive or negative optical power”).
Perreault teaches, as claimed in claim 5, wherein the non-freeform surface is a convex surface (¶0021 “surfaces 116, 120 may implement a convex surface or a concave surface to introduce a fixed positive or negative optical power”).
Perreault teaches, as claimed in claim 6, wherein the non-freeform surface is a concave surface (¶0021 “surfaces 116, 120 may implement a convex surface or a concave surface to introduce a fixed positive or negative optical power”).
Perreault teaches, as claimed in claim 7, wherein the first lens (112) comprises a non-freeform surface (116) opposite the freeform surface (124) of the first lens (112) and wherein the non-freeform surfaces of the first and second lenses provide the static vision correction component (¶0021 “surfaces 116, 120 may implement a convex surface or a concave surface to introduce a fixed positive or negative optical power”).
Perreault teaches, as claimed in claim 10, wherein the first lens (112) comprises a non-freeform surface (116) opposite the freeform surface (124) of the first lens (112) and wherein the non-freeform surface (120) of the second lens (114) is closer to the eye box (104) than the non-freeform surface (116) of the first lens (112).
Perreault teaches, as claimed in claim 11, (See Figure 13 with unlabeled first and second lens of the lens module 106) wherein the first lens2 (left lens) comprises a non-freeform surface (object surface of left lens) opposite the freeform surface (image surface of left lens) of the first lens and wherein the non-freeform surface (object surface of the left lens) of the first lens (left lens) is closer to the eye box (1310) than the non-freeform surface of the second lens (image surface of the right lens).
Perreault teaches, as claimed in claim 12, the freeform surface of the second lens adjustable is a vision correction component (¶0020 “changing the pose of the phase mask plate 112 relative to the phase mask plate 114, and thus changing the pose of the Fresnel lens structure 126 relative to the Fresnel lens structure 126, induces a phase variation that is the differential of the cubic surface profiles, resulting in a quadratic phase profile; that is, changes an optical power”).
Perreault teaches, as claimed in claim 13, an electronic device comprising: a head-mounted (¶0015 “HMDs and other near-eye display systems”) housing structure (1404); and a lens system (106) comprises first and second lenses (112 and 114) configured to provide a base optical power (¶0020 “to tune the focus of the lens assembly to a specified optical power”), wherein the first and second lenses (112 and 114) comprise first and second opposing freeform surfaces (124 and 126) that are laterally shifted to provide an additional optical power (206; ¶0023 “corresponding adjusted optical power and adjusted focal length 206”) in combination with the base optical power (204; ¶0023 “corresponding optical power and focal length 204”).
Perreault teaches, as claimed in claim 14, wherein the first and second lenses (112 and 114) apply the base optical power (204) to passing light (103) when the first and second lenses (112 and 114) are in an aligned state (Fig.2 left image) and wherein the first and second lenses (112 and 114) apply the combination of the base optical power (204) and the additional optical power (206) when the first and second lenses are in an offset state after a lateral shift from the aligned state (Fig. 2 right image).
Perreault teaches, as claimed in claim 15, wherein the first lens (112) comprises a third surface (116) and the second lens (114) comprises a fourth surface (120), the third and fourth surface are non-freeform surfaces using at least one of the first, second, third, and fourth surfaces of the first and second lenses (¶0021 “surfaces 116, 120 may implement a convex surface or a concave surface to introduce a fixed positive or negative optical power”).
Perreault teaches, as claimed in claim 18, a lens system (Fig. 1 and 14) comprising: a first lens (112) having a non-freeform surface (116) and a freeform surface (124); and a second lens (114) having a non-freeform surface (120) facing the away from the non-freeform surface (116) of the first lens (112) and a freeform surface (126) facing the freeform surface (124) of the first lens (112), wherein the first and second lenses are configured to laterally shift to provide an adjustable optical power (¶0012 “one or more Alvarez (or Lohmann) lens pairs are provided, and moved transversely to the optical axis by means of the actuator described wherein”), wherein at least a portion of the freeform surface of the first lens exhibits symmetry across a line (108) bisecting the first lens3 (112).
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.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Perreault (US Patent Publication Number 2020/0132888 A1) in view of Laffont (US Patent Publication Number 2020/0051320 A1).
Perreault fails to teach, as claimed in claim 19, wherein the first and second lenses are configured to correct for presbyopia using the adjustable optical power. In a related art, Laffont teaches wherein the first (1801) and second lenses (1802) are configured to correct for presbyopia using the adjustable optical power (¶0184 “the spherical power change achieved by the movements of the two Alvarez or Alvarez-like lens elements helps in correcting refractive error including myopia, hyperopia, presbyopia”).
It would have been obvious to one of ordinary skill of the art before the effective filing date to have modified lens system, as taught by Perreault, with the first and second lenses are configured to correct for presbyopia using the adjustable optical power, as taught by Laffont, for the purpose of providing a wide range of focus correction and/or astigmatism correction within head-mounted displays (¶0183).
Perreault teaches, as claimed in claim 20, wherein the first (112) and second lenses (114) are configured to provide a base optical power using at least one of the non-freeform surface (116 ) of the first lens (112), the freeform surface (124) of the first lens (112), the non-freeform surface (120) of the second lens (114), and the freeform surface (126) of the second lens (see 204 in Fig. 2 which corresponds to the focal length and optical power from the first and second lenses).
Allowable Subject Matter
Claims 8, 9, 16 and 17 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.
The prior art fails to teach all of the limitations of claims 8 which includes wherein the non-freeform surface of the first lens has a smaller degree of curvature than the non-freeform surface of the second lens.
Regarding claim 9 has dependency on claim 8.
The prior art fails to teach all of the limitations of claims 16 which includes wherein the base optical power is a negative optical power and wherein the additional optical power is a positive optical power.
The prior art fails to teach all of the limitations of claims 17 which includes wherein the base optical power is a positive optical power and wherein the additional optical power is another positive optical power.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lu (US Patent Number 10,877,277 B1) teaches a support structure first and second lenses that are coupled to the support structure and that overlap each other and an actuator coupled to the first lens and configured to laterally shift the first lens relative to the second lens.
Ouderkirk (US Patent Number 10,881,287 B1) teaches a support structure first and second lenses that are coupled to the support structure and that overlap each other and an actuator coupled to the first lens and configured to laterally shift the first lens relative to the second lens.
Hou (US Patent Publication Number 2019/0041601 A1) teaches a support structure first and second lenses that are coupled to the support structure and that overlap each other and an actuator coupled to the first lens and configured to laterally shift the first lens relative to the second lens.
Williams (US Patent Publication Number 20170168272 A1) teaches a support structure first and second lenses that are coupled to the support structure and that overlap each other and an actuator coupled to the first lens and configured to laterally shift the first lens relative to the second lens.
Suzuki (US Patent Number 6,172,740 B1) teaches a support structure first and second lenses that are coupled to the support structure and that overlap each other and an actuator coupled to the first lens and configured to laterally shift the first lens relative to the second lens.
Ollila (US Patent Publication Number 2022/0408030 A1) teaches a support structure first and second lenses that are coupled to the support structure and that overlap each other and an actuator coupled to the first lens and configured to laterally shift the first lens relative to the second lens.
Spratt (US Patent Publication Number 2020/0050022 A1) teaches a support structure first and second lenses that are coupled to the support structure and that overlap each other and an actuator coupled to the first lens and configured to laterally shift the first lens relative to the second lens.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOURNEY F SUMLAR whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOURNEY F. SUMLAR
Examiner
Art Unit 2872
18 March 2026
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872
2 ¶0029 “illustrated by configuration 1300 of FIG. 13, a system employing an optical system as described herein (using optical system 100 as an example)”. The examiner interprets this to be in the same embodiment and the lenses can be placed in the eyewear multiple orientations with respect with eye (See Fig.1 and Fig. 13).