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 .
Response to Amendment
The amendment filed on 6/18/2026 has been entered. The applicant amended claims 1, 18, 19, 22, 26, 28 and 30 and cancelled claim 17. Claims 1-16 and 18-30 are pending.
Response to Arguments
Applicants’ arguments filed on 6/18/2026 with respect to the rejection of amended claims 1, 18, 19, 22, 26, and 30 have been fully considered. Applicants amended independent claims 1, 22, and 30 to incorporate the limitations of previously objected dependent claim 17. Previously objected dependent claims 18 and 19 were rewritten in independent form to include all limitations of their respective base and intervening claims. Consequently, the rejections for claims 1, 18, 19, 22, and 30 are withdrawn. Regarding independent claim 26, the applicant’s arguments are based on newly added limitations that are not part of the previous rejection. A new ground of rejection has been made, and applicants’ argument is moot in view of the new ground of rejection necessitated by the amendments.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 26-29 are rejected under 35 U.S.C.103 as being unpatentable over Barley et al. (US 2019/0249984, of record) and further in view of Mor (US 9,740019).
Regarding claim 26, Barlev discloses a laser device (refer to US 2019/0249984, The invention more specifically utilizes an array of lasers, [0073]) comprising: a laser array (light source unit 240 includes an array of the light sources 244, e.g. VCSELs, [0079]) configured to form three or more binary patterns (Fig. 2B, 3A; FIG. 3A illustrates a time sequence of five SL patterns, … that can be generated by the projector of the present invention and used in 3D scanning and reconstruction of scanned objects. Each one of the five SL patterns is achieved by a corresponding combination of turned-on IAVAs of the light source unit 242 in FIG. 2A [0084], A sequence of m patterns to encode 2m stripes using a plain binary code. The codeword associated to each pixel is the sequence of 0s and 1s obtained from the m patterns, [0129]; and a first layer (252) above the laser array ([Fig. 2B], The diffractive optical unit 250 includes a resonance-domain diffractive optical element configured as a set of sub-arrays of static diffractive optical elements 252A-D (RDDOEs) associated respectively with the sub-arrays 244A-D of the light sources, [0079]), the first layer (252) comprises a light diffraction material over the laser array (array of light sources 244, Fig. 2B, The diffractive optical unit 250 includes a resonance-domain diffractive optical element configured as a set of sub-arrays of static diffractive optical elements 252A-D (RDDOEs, associated respectively with the sub arrays 244A-D of the light sources [0079]); wherein the light diffraction material is configured to (The diffractive optical unit 250 includes a resonance-domain diffractive optical element configured as a set of sub-arrays of static diffractive optical elements 252A-D, [0079]): steer a first binary pattern formed by the laser array to output a laser beam at a first angle (Fig. 11; [0048], Figs. 10A-B show a temporal sequence of binary-coded patterns of the structured illumination and their corresponding VCSEL array switched on; Fig. 10A VCSEL arrays, Fig. 10B Binary code patterns; Fig. 11 show schematics of a SL triangulation based 3D scanning system with projector and a projected binary-coded pattern in stationary and mobile systems; [0049]; the optical unit is configured to produce the structured light pattern having a fan angle of light projection onto a projection surface, [0034]; see [0006], [0023], [0084]); steer a second binary pattern formed by the laser array to output the laser beam at a second angle (Figs. 10A-B show a temporal sequence of binary-coded patterns of the structured illumination and their corresponding VCSEL array switched on, [0048]; FIG. 11 show schematics of a SL triangulation based 3D scanning system with projector and a projected binary-coded pattern in stationary and mobile systems; [0049]; the optical unit is configured to produce the structured light pattern having a fan angle of light projection onto a projection surface, [0034]; see [0006], [0023], [0084]); and steer a third binary pattern formed by the laser array to output the laser beam at a third angle (Figs. 10A-B show a temporal sequence of binary-coded patterns of the structured illumination and their corresponding VCSEL array switched on, [0048]; FIG. 11 show schematics of a SL triangulation based 3D scanning system with projector and a projected binary-coded pattern in stationary and mobile systems; [0049]; the optical unit is configured to produce the structured light pattern having a fan angle of light projection onto a projection surface, [0034]; see [0006], [0023], [0084]).
Barlev does not explicitly teach a passive light diffraction material. It is known in the art that passive light diffraction materials are static optical components with periodic microstructures or nanostructures. These components bend, split, or disperse light into component wavelengths via wave interference and require no external power
Barlev and Mor are related because both teach Structured-light Projectors.
Mor teaches a passive light diffraction material (die may be assembled on other substrate, such as silicon wafer. Such a wafer substrate may be passive, [C-7, L-45-47]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the display device of Barlev and use a passive light diffraction material, as taught by Mor for the predictable advantage of projecting multiple replicas of a pattern of stripes generated by the light-emitting elements, each stripe corresponding to a respective one of the columns. [abstract]; and to produce a sequence of log.sub.2N patterns comprising a unique binary illumination code, [claim 11].
Regarding claim 27, Modified Barlev teaches the device according to claim 26 (see above), wherein the laser array comprises a vertical-cavity surface-emitting laser (VCSEL) array (The light source unit 240 includes an array of the light sources 244, e.g. VCSELs, [0079]).
Regarding claim 28, Modified Barley teaches the device according to claim 26 (see above), wherein the light diffraction material is further configured to coalesce beams from a plurality of lasers of the laser array into one beam (the RDDOEs 252A-D are configured to direct and shape the light generated by the respective light sources into a set of sub-patterns and primitive shapes that in their plurality constitute each and every stretchered light pattern 260; [0079]).
Regarding claim 29, Modified Barley teaches the device according to claim 26 (see above), wherein the laser device is a light source of a LiDAR, a time-of-flight sensor, or a laser-based tracking device ([0001], [0004]; Reference is made to FIG. 1 illustrating a projector 100 of the present invention configured for creating structured light pattern(s) 160, [0072]; see [0004], [0127]). Mor teaches a passive light diffraction material as shown in claim 26 above.
Reasons for Allowance
Claims 1-25 and 30 are allowed.
The following is an examiner’s statement of reasons for allowance: the prior art taken either singularly or in a combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that rejection under 35 U.S.C. 102 or 103 would be proper. Claims 1, 18, 19, 22 and 30 are allowable over the prior art of record for at least the reason that, even though the prior art discloses a device comprising: a display array comprising a plurality of binary pixels, each binary pixel comprises: at least one light source; at least two light source modulating pixels configured to form three or more binary patterns; a first layer above the at least two light source modulating pixels, the first layer comprises a light diffraction material over the binary pixel; the prior art fails to teach, or reasonably suggest, the processor configured to drive the at least two light source modulating pixels based on an input image comprising pixels that are binary patterns of quantized depth values attenuated by the intensity of the pixel for a corresponding color (claims 1, 22 and 30); a processor configured to identify a viewing angle of a viewer and select binary patterns for each binary pixel based on the viewing angle, (claim 18) and the plurality of binary pixels is configured to simultaneously display two or more different virtual images to viewers at different viewing angles, (claim 19); in combination of the other limitations of the claims 1, 18, 19, 22 and 30.
Dependent claims 2-16, 20-21 and 23-25 are also allowed due to their dependencies on independent claims 1 or 22.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20190212557: HPDLC applications, phase separation of the LC material from the polymer can be accomplished to such a degree that no discernible droplet structure results. An SBG can also be used as a passive grating. In this mode, its chief benefit is a uniquely high refractive index modulation. SBGs can be used to provide transmission or reflection gratings for free space applications.
US 20190318677: grating may be configured to provide a desired magnitude of the diffraction angle θ.sub.d. Such a grating may be either active, where the LC material orientation is electrically controlled, or passive, where the LC material orientation is fixed in place via material properties
Claim 26 would be allowable if rewritten to include the allowable subject matter from the previously submitted non-final office action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAHMAN ABDUR whose telephone number is (571)270-0438. The examiner can normally be reached 8:30 am to 5:30 pm PST.
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, Bumsuk Won can be reached at (571) 272-2713. 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.
/R.A./
Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
Prosecution Insights