DETAILED ACTION
This Office action is responsive to Applicant’s response submitted 27 April 2026.
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 § 103
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 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) 1, 3-5, 11 and 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2021/0356670 to Oh et al.
In regards to claim 1, Oh recites an electronic device (Figure 1A) comprising: a waveguide (110) configured to propagate first light [0038]; a cover layer (114 side) overlapping the waveguide, wherein the cover layer has a first surface facing the waveguide and a second surface opposite the first surface, the second surface being curved; an output coupler (112 & cover layer together) on the waveguide; a first lens (114) integrated into the cover layer [0038] and overlapping the output coupler; and a second lens (112), wherein the output coupler is configured to couple the first light out of the waveguide. Although a second light is not expressly disclosed, augmented reality and virtual reality devices operate in the fashion of having a second light from the World-side/external object entering the device (100) in order to reproduce the World-side/external object to the user. Since the second light is required in order to provide the desired image, it would have been obvious before the effective filing date to a person having ordinary skill in the art for the device of Oh to have provided the first lens being configured to transmit second light from an external object towards the output coupler and (wherein the output coupler is configured to coupler the first light) towards the second lens and is configured to transmit the second light towards the second lens. Furthermore, Oh fails to expressly recite the first surface being curved. However, Oh does teach the an alternative embodiment (Figure 13A) having bi-convex shaped cover layer [0098], where both sides are curved further purpose of manipulating light as desired. Since Oh teaches both sides to be curved in an alternative embodiment, it would have been obvious before the effective filing date to a person having ordinary skill in the art to have provided the first surface being curved.
In regards to claim 3, Oh recites the second surface has a three-dimensional curvature.
In regards to claims 4, 5 and 11, Oh recites three-dimensional curvature imparts a first power to the second light and the second lens is configured to reverse the first power imparted to the second light by the three-dimensional curvature, the second lens is configured to impart a second power to the second light and the first lens is further configured to reverse the second power imparted to the second light by the second lens, and the second lens is configured to impart a power to the second light and the first lens is configured to reverse the power imparted to the second light by the second lens. Paragraph [0039] of Oh recites each of the lenses to compensate powers in each of the lenses and the lens together to be a compensating pair.
In regards to claim 21, Oh recites a display (Figure 1A) comprising: a waveguide (110) configured to propagate image light [0038]; a cover layer (114 & cover layer together) overlapping the waveguide, wherein the cover layer has a first surface facing the waveguide and a second surface opposite the first surface, the second surface being curved; an output coupler (cover layer by 112) on the waveguide; a first lens (114) integrated into the cover and overlapping the output coupler; and a second lens (112), wherein the output coupler is configured to couple the image light [0038] out of the waveguide. Although light transmitted from an external object is not expressly disclosed, augmented reality and virtual reality devices operate in the fashion of having a light from the World-side/external object entering the device (100) in order to reproduce the World-side/external object to the user. Since the light transmitted from an external object is required in order to provide the desired image, it would have been obvious before the effective filing date to a person having ordinary skill in the art for the device of Oh to have provided the first lens being configured to transmit light from an external object towards the output coupler and towards the second lens and is configured to transmit the light from the external object towards the second lens. Furthermore, Oh fails to expressly recite the first surface being curved. However, Oh does teach the an alternative embodiment (Figure 13A) having bi-convex shaped cover layer [0098], where both sides are curved further purpose of manipulating light as desired. Since Oh teaches both sides to be curved in an alternative embodiment, it would have been obvious before the effective filing date to a person having ordinary skill in the art to have provided the first surface being curved.
In regards to claim 22, Oh recites the cover layer has a first surface facing the waveguide and a second surface opposite the first surface, the second surface being curved (Figure 1A), the second surface has a three-dimensional curvature that imparts a first power to the light from the external object and the second lens is configured to reverse the first power imparted to the light from the external object by the three-dimensional curvature.
In regards to claims 23 and 24, although Oh does not expressly recite the first three-dimensional curvature to comprise a freeform or anamorphic curvature, it would have been an obvious matter of common skill and design choice to a person of ordinary skill in the art to have chosen a commercially available component having well known curvatures. Furthermore, Applicant has not disclosed that using such features provides an advantage, is used for a particular purpose, or solves a stated problem. Further, Applicant’s claim of both a freeform and anamorphic curvature is further evidence that either curvature feature would function equally as well. It would have required no undue burden or unnecessary experimentation to arrive at such features and therefore, it would have been obvious before the effective filing date to a person having ordinary skill in the art to have applied the first three-dimensional curvature to comprise a freeform or anamorphic curvature.
Allowable Subject Matter
Claims 7-10 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 of record fails to disclose or reasonably suggest the lens comprises a portion of the first surface that overlaps the output coupler and that has an additional three-dimensional curvature in addition to the accompanying features of the independent claim and any intervening claims.
Claims 14-18 are allowed. The prior art of record fails to disclose or reasonably suggest An electronic device comprising: a lens; a waveguide configured to propagate first light; an optical coupler on the waveguide and configured to couple the first light out of the waveguide and towards the lens; and a cover layer having a first surface facing away from the waveguide and having a second surface opposite the first surface, wherein the first surface has a first curvature, a portion of the second surface overlapping the output coupler has a second curvature, the second surface has, outside of the portion, a third curvature that is different from the second curvature, the cover layer is configured to transmit second light towards the waveguide through the portion of the second surface, the output coupler is configured to transmit the second light towards the lens, and the lens is configured to transmit the first light and the second light in addition to the accompanying features of the independent claim.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference as currently applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TINA M WONG whose telephone number is (571)272-2352. The examiner can normally be reached M-F 8:30-5:30.
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, Uyen-Chau Le can be reached at (571) 272-2397. 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.
/TINA WONG/Primary Examiner, Art Unit 2874
Prosecution Insights