Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 1-11 are pending. Bolded claim language below regards newly amended subject matter with a corresponding new rejection citation. Newly amended subject matter that is not bolded does not comprise a new rejection citation (utilizes previous interpretation that is unchanged in view of the new language) or is a newly added claim.
Claim Rejections - 35 USC § 102
3. 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(s) 1-5 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Harrison et al. (US Patent 11,067,802), herein after referred to as Harrison.
Regarding independent claim 1, Harrison discloses a head mounted XR display (Figure 1 reference HMD 100 described in column 5 lines 1-11 to regard augmented or virtual reality systems (within the scope of extended reality XR systems).) for displaying augmented reality (AR) content to one or more eyes of a user, said display (Column 5 lines 1-11 and 27-39 describes the embodiments to regard augmented reality including data or imagery represented as augmented reality elements in the human field of view.) comprising:
at least one curved display panel (Figure 1D depicts two curved display devices 120L and 120R for respective wearer’s left eye 5L and right eye 5R.) attached to the wearable structure (Column 10 line 61 to column 11 line 3 describes the left frame 145, of the HMD 100, to support lens 110R and 110L and displays 120R and 120L.), said curved display panel having a curved, three-dimensional light-emitting surface (Figures 1-2 reference depiction of curved “convex display device” 120. Figure 11 reference pixel matrix 1102 described in column 6 lines 11-40 to emit light.) with a shape defined as rotating a plane about an axis intersecting the user’s eye (Column 7 lines 1-44 describes each curved display 120L and 120R are curved respective to each eye 5L and 5R.), the curved surface configured to emit light beams containing AR content (Column 31 line 64 to column 32 line 19 describes augmented reality application such that the pixels on the curved display display AR images or data to appear to the eye.); and
at least one curved combiner having a curved, three-dimensional reflective surface with a shape defined by the rotating a plane about an axis intersecting the user’s eye (Figures 1-2 reference lens 110 including a reflective optical surface 112 described in column 8 line 54 to column 9 line 57 to reflect light to the user’s eye in a predetermined human vertical and horizontal field of view that may be the full human vertical and horizontal field of view. The human field of view describing a plane about an axis that intersects the user’s eye.), the reflective surface configured to reflect the light beams emitted from the display towards the user’s eye (Figures 1-2 reference lens 110 including a reflective optical surface 112 described in column 6 lines 41-62 to reflect the emitted light to a wearer’s eye for viewing.), causing the light beams to converge in an eye box (Figure 1A reference convex display device 120 described in column 5 lines 52-63 to provide light to the wearer’s eye. A convex lens comprises the inherent function of converging light to a focal point. The focal point is described relative to light enters the user’s respective eyes.), wherein a user can focus on computer generated content produced by the at least one display (Column 6 lines 41-62 describes the display 120 configured to produce computer-generated content data or imagery by the convex display screen 122 for viewing by a wearer’s eye).
Regarding claim 2, Harrison discloses the head mounted XR display of claim 15, wherein the combiner is at least one of partially see-through and partially reflective (Figures 1-2 reference lens 110 including a reflective optical surface 112 described in columns 8-9 lines 54-67 and 1-20 respectively, to allow emitted display light to be reflected to the eye while simultaneously allow the real world view to be seen through the external surfaces 114.).
Regarding claim 3, Harrison discloses the head mounted XR display of claim 15, wherein a shape of the curved combiner is based, at least in part, on an intersection of a plane of image light, perpendicular to the curbed display panel (Figure 10A-10B depict on overhead view of reflecting light. Figure 3 depicts a side view of the curved lens 110 perpendicular to the intersection of a plane of image light (output from the display 120).), with the curved combiner to reflect a plane of the image light through a middle of the eye (Figure 5A reference eye centers 515 and 516. Figures 10A-10B reference reflections to the middle of the eye 5 as described in columns 22-23 lines 45-67 and 1-.).
Regarding claim 4, Harrison discloses the head mounted XR display of claim 3, wherein the shape of the curved combiner is based, at least in part, on a rotation of the intersection about a center of the eye (Column 14 lines 9-23 describes the surfaces 112, of lens 110, are curved such that the reflection allows the eye to freely rotate about its center (describing the reflection to intersect said rotation center).).
Regarding claim 5, Harrison discloses the head mounted XR display of claim 3, wherein the curved display panel is formed of an LCD layer comprising a plurality of pixels (Column 5 lines 52-63 describes the display 120 may be LCD, LED, or OLED. Figure 11 reference matrix of pixels 1102.).
Claim Rejections - 35 USC § 103
4. 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) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrison in view of Hudman (US Patent Application Publication 2019/0258063).
Regarding claim 6, Harrison discloses the head mounted XR display of claim 5,
Harrison does not specifically disclose wherein the LCD layer comprises a display panel of LCDs backlit by an LED panel.
Hudman discloses wherein the LCD layer comprises a display panel of LCDs backlit by an LED panel (Figures 2 and 4 reference backlight 200/400 for LCD 210 described in paragraph [0029] that the backlight may be LEDs suitable for an HMD application.).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Harrison’s LCD HMD with the known technique wherein the LCD layer comprises a display panel of LCDs backlit by an LED panel yielding the predictable result of design adjustment to the eyebox suitable for HMD applications as described by Hudman in (paragraph [0029]).
Regarding claim 7, Hudman discloses the head mounted XR display of claim 6, wherein the LED panel comprises one or more filters (Figure 4 reference angle restricting layer 410 (filtering angle output).).
Regarding claim 8, Hudman discloses the head mounted XR display of claim 7, wherein the one or more filters a backlight on a pixel by pixel basis (Paragraph [0036] describes the angle restricting layer 410 in correspondence with the pixelated display panel output.).
5. Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrison in view of Osterhout et al. (US Patent Application Publication 2012/0206334), herein after referred to as Osterhout.
Regarding claim 9, Harrison discloses the head mounted XR display of claim 5.
Harrison does not specifically disclose wherein the LCD layer is adapted to emit one of a plurality of light colors emitted by a backlight.
Osterhout discloses wherein the LCD layer is adapted to emit one of a plurality of light colors emitted by a backlight (Figure 1 reference HMD 100. Figure 2 reference an RGB LED engine or module 206 used as a backlight for LCD 210 as described in paragraphs [0224]-[0227].).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Harrison’s LCD with the known technique of an LED backlight adapted to emit one of a plurality of light colors yielding the predictable results of providing a means of control of light intensity, duration, and mixing to generate the plurality of colors as disclosed by Osterhout (paragraph [0224]).
Regarding claim 10, Osterhout discloses the head mounted XR display of claim 9, wherein the light colors are selected from the group consisting of red, green and blue (Figure 2 reference an RGB LED engine or module 206.).
Regarding claim 11, Osterhout discloses the head mounted XR display of claim 10, wherein the light colors emitted in rapid succession in a continuing manner (Paragraph [0224] describes control of the RGB LED engine or module 206 (backlight) is controlled via pulse width modulation signal and duty cycle of the PWM signal. Paragraphs [0221] and [0227] describes the color fields emitted from the LEDs, of the module 206, are displayed in rapid sequence.).
Response to Arguments
6. Applicant's arguments filed 12/6/2024 have been fully considered but they are not persuasive. Applicant’s argument pertain to newly amended subject matter. Please refer to the above office action as rebuttal. This action is final necessitated by amendment.
Conclusion
7. 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.
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/CHRISTOPHER E LEIBY/Primary Examiner, Art Unit 2621