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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-9, 14 - 16 and 19 are rejected under 35 U.S.C. 102(a)(1) and 102 (a)(2) as being anticipated by Hatzillas US10852824B1.
Regarding claim 1, Hatzillas discloses a system (100, fig. 1-4), comprising: a head-mounted support structure (102); a display (150a, 450) coupled to the head-mounted support structure (102) that is configured to provide an image containing computer-generated content (col. 3, l. 6-19); a gaze tracker (108a), 108b); and an optical assembly (400) that provides the image to an eye box (207) while allowing a real-world object to be viewed (col. 2, l. 52-59) through the optical assembly (400) from the eye box (207), wherein the optical assembly includes an infrared-absorptive coating (425) and an infrared-reflective coating (423).
Regarding claim 3, Hatzillas discloses the system defined in claim 1 wherein the optical assembly (400) comprises a waveguide (130a; col. 3, l. 21-37) that guides the image to the eye box (207) and wherein the infrared-reflective coating (423) is interposed between the waveguide (130a; col. 3, l. 21-37) and the real-world object (see figs. 1-4).
Regarding claim 4, Hatzillas discloses the system defined in claim 3 wherein the infrared-absorptive coating (425) is interposed between the infrared-reflective coating (423) and the waveguide (130a; col. 3, l. 21-37)(see figs. 1-4).
Regarding claim 5, Hatzillas discloses the system defined in claim 4 wherein the optical assembly further comprises: a first lens (120A; col. 4, l. 34-54) interposed between the waveguide (130a; col. 3, l. 21-37) and the eye box (figs. 1-4); and a second lens (450) interposed between the waveguide (130a; col. 3, l. 21-37) and the real-world object (figs. 1-4), wherein the second lens (450) has a first surface that faces the waveguide (130a; col. 3, l. 21-37) and an opposing second surface, wherein the infrared-absorptive coating (425) is on the first surface, and wherein the infrared-reflective coating (423) is on the second surface (col. 6, l. 51-67).
Regarding claim 6, Hatzillas discloses the system defined in claim 3 wherein the
infrared-absorptive coating (425) is interposed between the waveguide (130a; col. 3, l. 21-37) and the eye box (figs. 1-4).
Regarding claim 7, Hatzillas discloses the system defined in claim 6 wherein the optical assembly further comprises: a first cover structure (450) interposed between the waveguide (130a; col. 3, l. 21-37) and the eye box (fig. 1-4), wherein the infrared-absorptive coating (425) is on the first cover structure (450); and a second cover structure (420) interposed between the waveguide (130a; col. 3, l. 21-37) and the real-world object (fig. 1-4), wherein the infrared-reflective coating (423) is on the second cover structure (420).
Regarding claim 8, Hatzillas discloses the system defined in claim 7 wherein the first cover structure (450) is separated from the waveguide (130a; col. 3, l. 21-37) by a first air gap (col. 6, l. 14-50) and wherein the second cover structure (420) is separated from the waveguide (130a; col. 3, l. 21-37) by a second air gap (col. 6, l. 14-50).
Regarding claim 9, Hatzillas discloses the system defined in claim 1 wherein the infrared-absorptive coating (425) and the infrared-reflective coating (423) are configured to reduce interference with gaze tracking operations from environmental infrared light (col. 7, l. 1-26).
Regarding claim 14, Hatzillas discloses a system (100, fig. 1-4), comprising: a head-mounted support structure (102); an infrared emitter (237a) and an infrared sensor (108a) configured to be used for gaze tracking (108a, 108b); and an optical assembly (400) that includes a first transparent structure (440) and a second transparent structure (120Aa), wherein the optical assembly comprises an infrared-absorptive coating (425) and an infrared-reflective coating (423) on the first transparent structure (440), and wherein the infrared-absorptive coating (425) and the infrared-reflective coating (423) are configured to reduce an amount of environmental infrared light (col. 7, l. 1-26) that reaches the infrared sensor (108a).
Regarding claim 15, Hatzillas discloses the system defined in claim 14 further comprising: a display (150a, 450) coupled to the head-mounted support structure (102) that is configured to provide an image containing computer-generated content (col. 3, l. 6-19), wherein the optical assembly (400) comprises a waveguide (158a) that provides the image to an eye box (207), and wherein the waveguide (158a) is interposed between the first transparent structure (420) and the second transparent structure (120a).
Regarding claim 16, Hatzillas discloses the system defined in claim 15 wherein the first transparent structure (440) is a compensation lens (440) that has opposing first and second surfaces (fig. 4), wherein the infrared-reflective coating (123) is on the first surface, and wherein the infrared-absorptive coating (425) is on the second surface (fig. 4).
Regarding claim 19, Hatzillas discloses a system (100, fig. 1-4). comprising: a head-mounted support structure (102); a display (150a, 450) coupled to the head-mounted support structure (102) that is configured to provide an image containing computer-generated content (col. 3, l. 6-19); a gaze tracker (108a), 108b); and an optical assembly (400) that provides the image to an eye box (207), wherein the optical assembly (400) comprises a waveguide (158a) that provides the image to an eye box (207), and infrared-absorptive coating (425) and an infrared-reflective coating (423) that are configured to reduce an amount of environmental infrared light (col. 7, l. 1-26) that reaches the gaze tracker (108a), 108b).
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 2, 10-13, 17, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hatzillas US10852824B1 in view of Sharma US10429927B1
Regarding claim 2, Hatzillas teaches the system defined in claim 1 wherein the gaze tracker (108a, 108b) comprises an infrared emitter (237a) and an infrared sensor (108a), and wherein the optical assembly (400) further comprises: a waveguide (158a) that guides the image to the eye box (207)(col. 2, l. 35-52); a biasing lens (420) interposed between the waveguide (130a; col. 3, l. 21-37) and the eye box (207); and a compensation lens (440) interposed between the waveguide (130a; col. 3, l. 21-37) and the real-world object (fig. 4), wherein the infrared-reflective coating (423) is a dichroic filter formed on an outer surface (fig. 4) of the compensation lens (440) and the infrared-absorptive coating (425) is a laminated film on an opposing inner surface (fig. 4) of the compensation lens (440).
However, Hatzillas does not explicitly disclose the lens interposed between the waveguide and the real-work object and the infrared-reflective coating being a dichroic filter.
Sharma teaches the lens interposed between the waveguide and the real-work object and the infrared-reflective coating (302) being a dichroic filter (col. 6, l. 23-38) for the purpose of reflecting light to the image capturing element that is located off-axis relative to the pancake lens block and electronic display (col. 6, l. 12-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the optical assembly of Hatzillas to include the structure and filter of Sharma for the purpose of reflecting light to the image capturing element that is located off-axis relative to the pancake lens block and electronic display (col. 6, l. 12-23).
Regarding claim 10, Hatzillas teaches the system defined in claim 1 however does
not explicitly disclose wherein the infrared-reflective coating is a dichroic filter.
Sharma teaches the infrared-reflective coating (302) being a dichroic filter (col. 6, l. 23-38) for the purpose of reflecting light to the image capturing element that is located off-axis relative to the pancake lens block and electronic display (col. 6, l. 12-23).
It would have been obvious to one of ordinary skill in theart before the effective filing date of the claimed invention to modify the optical assembly of Hatzillas to include the filter of Sharma for the purpose of reflecting light to the image capturing element that is located off-axis relative to the pancake lens block and electronic display (col. 6, l. 12-23).
Regarding claim 11, Hatzitlas and Sharma teach the system defined in claim 10, Sharma further teaches wherein the dichroic filter (col. 6, l. 23-38) is configured to reflect
at least 80% of infrared light that is incident on the dichroic filter (col. 3, l. 23-38; col. 7, l. 12-46) between 45° and 60° from an axis normal to the infrared-reflective coating (302).
However, Sharma does not explicitly disclose the at least 80% of infrared light that is incident on the dichroic filter between 45° and 60°. In cases like the present, where patentability is said to be based upon particular chosen dimensions or upon another variable recited within the claims, Applicant must show that the chosen dimensions are critical. As such, the claimed dimensions appear to be an obvious matter of engineering design choice and thus, while being a difference, does not serve in any way to patentably distinguish the claimed invention from the applied prior art. In re Woodruff 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990); In re Kuhle, 526 F2d. 553, 555, 188 USPQ 7, 9 (CCPA 1975).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the reflectance of the dichroic filter for the purpose of reflecting light to the image capturing element that is located off-axis relative to the pancake lens block and electronic display (col. 6, l. 12-23).
Regarding claim 12, Hatzillas and Sharma teach the system defined in claim 11, Sharma further teaches wherein the dichroic filter (col. 6, l. 23-38) transmits at least 80% of visible light incident (col. 3, l. 23-38; col. 7, l. 12-46) on the dichroic filter.
However, Sharma does not explicitly disclose transmitting at least 80% of visible light incident. In cases like the present, where patentability is said to be based upon particular chosen dimensions or upon another variable recited within the claims, Applicant must show that the chosen dimensions are critical. As such, the claimed dimensions appear to be an obvious matter of engineering design choice and thus, while being a difference, does not serve in any way to patentably distinguish the claimed invention from the applied prior art. In re Woodruff 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990); In re Kuhle, 526 F2d. 553,555,188 USPQ 7, 9 (CCPA 1975).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the transmittance of the dichroic filter for the purpose of reflecting light to the image capturing element that is located off-axis relative to the pancake lens block and electronic display (col. 6, l. 12-23).
Regarding claim 13, Hatzillas and Sharma teach the system defined in claim 11, Hatzillas further teaches wherein the infrared-absorptive coating (425) is a laminated film that transmits at least 80% of visible light incident (col. 7, l. 1-26) on the infrared-absorptive coating (425) and that absorbs at least 90% of infrared light (col. 7, l. 1-26) incident on the infrared-absorptive coating (425).
Regarding claim 17, Hatzillas discloses the system defined in claim 16 wherein the infrared-reflective coating (423), wherein the infrared-absorptive coating (425) is a
laminated film (col. 6, l. 51-67), and wherein the second transparent structure is a biasing lens (420).
However, Hatzillas does not explicitly disclose the infrared-reflective coating being a dichroic filter.
Sharma teaches the infrared-reflective coating (302) being a dichroic filter (col. 6, l. 23-38) for the purpose of reflecting light to the image capturing element that is located off-axis relative to the pancake lens block and electronic display (col. 6, l. 12-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the optical assembly of Hatzillas to include the filter of Sharma for the purpose of reflecting light to the image capturing element that is located off-axis relative to the pancake lens block and electronic display (col. 6, l. 12-23).
Regarding claim 18, Hatzillas and Sharma teach the system defined in claim 17, Hatzillas further teaches wherein the infrared-reflective coating (425) and the infrared-absorptive coating (423) are configured to reduce a thermal load on an internal portion of the head-mounted support structure (col. 6, l. 51-67).
Regarding claim 20, Hatzillas discloses the system defined in claim 19 wherein the gaze tracker (108) comprises an infrared emitter (237a) and an infrared detector (108a), wherein the infrared-reflective coating (423), and wherein the dichroic filter (423) and the infrared-reflective coating (425) are configured to reduce a thermal load on an internal portion of the head-mounted support structure (col. 6, l. 51-67).
However, Hatzillas does not explicitly disclose the infrared-reflective coating being a dichroic filter.
Sharma teaches the infrared-reflective coating (302) being a dichroic filter (col. 6, l. 23-38) for the purpose of reflecting light to the image capturing element that is located off-axis relative to the pancake lens block and electronic display (col. 6, l. 12-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the optical assembly of Hatzillas to include the filter of Sharma for the purpose of reflecting light to the image capturing element that is located off-axis relative to the pancake lens block and electronic display (col. 6, l. 12-23)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AGNES DOBROWOLSKI whose telephone number is (571)272-7650. The examiner can normally be reached M-Th 7 am -11am.
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/AGNES DOBROWOLSKI/Examiner, Art Unit 2871
/JENNIFER D. CARRUTH/Supervisory Patent Examiner, Art Unit 2871