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 .
Claim Objections
Claims 6 and 16 are objected to because of the following informalities: line 3 says “bod” instead of body. 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.
Claims 1-20 are 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.
Claims 1 and 11 both claim “at least two optical waveguide sheets” and then further claim (emphasis added):
at least one first air gap each provided between the adjacent optical waveguide sheets in the thickness direction of the optical waveguide lens;
at least one filling member each provided within a respective first air gap to fill at least part of the respective first air gap.
It is unclear what is meant by “each” in the claims.
For purposes of examination the above clauses will be interpreted as follows:
at least one first air gap each of the adjacent optical waveguide sheets in the thickness direction of the optical waveguide lens;
at least one filling member each respective first air gap to fill at least part of the respective first air gap.
Claims 8 and 18 claim “a second air gap is provided between the cover plate and the at least two optical waveguide sheets in the thickness direction of the optical waveguide lens; and wherein a respective filling member is provided within the second air gap to fill at least part of the second air gap.”
Claims 8, 9, 18, and 19 are problematic because claims 1 and 11 are already being interpreted to have an air gap between each waveguide layer. None of the figures show two air gaps between within one space between two waveguides. Either claims 1 and 11 are claiming only one air gap in the entire structure, or claims 8 and 18 are redundant.
The claims are being interpreted as described above, wherein there is an air gap between each adjacent waveguide. Thus claims 8, 9, 18, and 19 are redundant and not further limiting.
If a different interpretation is intended, Applicant must clarify the claim language.
Claims 2-7, 10, 12-17, and 20 are dependent upon these claims and therefore carry the same deficiencies.
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.
Claim(s) 1, 2, 6-12, and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0283371 A1 Tekolste et al. (herein “Tekolste”, cited on the attached PTO-892).
Regarding claim 1 [and 8 and 9, see 35 U.S.C. § 112 rejection above], Tekolste discloses in Figs. 9A and 9B (wherein the stack in Fig. 9 corresponds to the stack in Fig. 6), an optical waveguide lens, comprising:
at least two optical waveguide sheets (670, 680, 690), wherein the at least two optical waveguide sheets (670, 680, 690) are stacked in a thickness direction of the optical waveguide lens (wherein the waveguides are shown as being stacked on top of one another, rather than side-by-side, thus being stacked in a thickness direction), with adjacent optical waveguide sheets fixedly connected to each other (para [0160], wherein, “the out-coupling optical elements 570, 580, 590, 600, 610 may be formed in a layer of material that is attached to a transparent substrate to form the waveguides 270, 280, 290, 300, 310” in reference to Fig. 6);
at least one first air gap (760a, 760b; para [0179], wherein, “the layers 760a, 760b are formed of air”) each provided between the adjacent optical waveguide sheets (670, 680, 690) in the thickness direction of the optical waveguide lens; and
at least one filling member each provided within a respective first air gap to fill at least part of the respective first air gap (para [0179], wherein 760a and 760b can have a low refractive index material).
Regarding claim 2, Tekolste discloses each of the at least one filling member includes a light-transmissible member, and each of the at least one filling member has a refractive index less than or equal to 1.3 (para [0179], wherein 760a and 760b can have a low refractive index material, that is 0.5 or more or 0.10 or less, which is less than the claimed 1.3).
Regarding claim 6, Tekolste discloses each of the at least two optical waveguide sheets (670, 680, 690) includes a lens body (para [0155], wherein, “waveguides 270, 280, 290, 300, 310 and/or the features (e.g., lenses)” – lenses comprise part of the waveguide body as shown in Fig. 6) and a grating structure (710, 720) disposed on the lens body, and each of the at least one first air gap has a height greater than a height of the grating structure projecting from the lens body in the thickness direction of the optical waveguide lens (shown in Fig. 9A 760a, and 760b have a greater height than gratings 710 and 720).
Regarding claim 7, Tekolste discloses a cover plate (2050, shown in e.g. Fig. 20F, which is used in the embodiment shown in Fig. 9), wherein the cover plate is fixedly connected to the at least two optical waveguide sheets (670, 680, 690), and the cover plate is disposed on at least one side of the at least two optical waveguide sheets in the thickness direction of the optical waveguide lens (shown in Fig. 20F, where cover plate covers the waveguide sheets and extends beyond, in the thickness direction).
Regarding claim 10, Tekolste discloses the cover plate includes light transmissible resin or light transmissible glass (Tekolste discloses glass, and discloses the light passes through the cover glass, thus making it light transmissible; para [0278]).
Regarding claim 11 [and 18 and 19, see 35 U.S.C. § 112 rejection above], Tekolste discloses in Figs. 9A and 9B (wherein the stack in Fig. 9 corresponds to the stack in Fig. 6), a near-eye display device, comprising:
a housing (wearable display mounted in headset; para [0006]);
a projection device mounted in the housing (projector mounted in headset; para [0006]);
an optical waveguide lens (660) mounted in the housing, wherein the optical waveguide lens is configured to image an image produced by the projection device in front of human eyes (210; para [0174]);
wherein the optical waveguide lens includes: at least two optical waveguide sheets (670, 680, 690), wherein the at least two optical waveguide sheets (670, 680, 690) are stacked in a thickness direction of the optical waveguide lens (wherein the waveguides are shown as being stacked on top of one another, rather than side-by-side, thus being stacked in a thickness direction), with adjacent optical waveguide sheets fixedly connected to each other (para [0160], wherein, “the out-coupling optical elements 570, 580, 590, 600, 610 may be formed in a layer of material that is attached to a transparent substrate to form the waveguides 270, 280, 290, 300, 310” in reference to Fig. 6);
at least one first air gap (760a, 760b; para [0179], wherein, “the layers 760a, 760b are formed of air”) each provided between the adjacent optical waveguide sheets (670, 680, 690) in the thickness direction of the optical waveguide lens; and
at least one filling member each provided within a respective first air gap to fill at least part of the respective first air gap (para [0179], wherein 760a and 760b can have a low refractive index material).
Regarding claim 12, Tekolste discloses each of the at least one filling member includes a light-transmissible member, and each of the at least one filling member has a refractive index less than or equal to 1.3 (para [0179], wherein 760a and 760b can have a low refractive index material, that is 0.5 or more or 0.10 or less, which is less than the claimed 1.3).
Regarding claim 16, Tekolste discloses each of the at least two optical waveguide sheets (670, 680, 690) includes a lens body (para [0155], wherein, “waveguides 270, 280, 290, 300, 310 and/or the features (e.g., lenses)” – lenses comprise part of the waveguide body as shown in Fig. 6) and a grating structure (710, 720) disposed on the lens body, and each of the at least one first air gap has a height greater than a height of the grating structure projecting from the lens body in the thickness direction of the optical waveguide lens (shown in Fig. 9A 760a, and 760b have a greater height than gratings 710 and 720).
Regarding claim 17, Tekolste discloses a cover plate (2050, shown in e.g. Fig. 20F, which is used in the embodiment shown in Fig. 9), wherein the cover plate is fixedly connected to the at least two optical waveguide sheets (670, 680, 690), and the cover plate is disposed on at least one side of the at least two optical waveguide sheets in the thickness direction of the optical waveguide lens (shown in Fig. 20F, where cover plate covers the waveguide sheets and extends beyond, in the thickness direction).
Regarding claim 20, Tekolste discloses the cover plate includes light transmissible resin or light transmissible glass (Tekolste discloses glass, and discloses the light passes through the cover glass, thus making it light transmissible; para [0278]).
Claim(s) 1, 4, 5, 8, 9, 11, 14, 15, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 113009690 A Jiang et al. (herein “Jiang”, cited on the attached PTO-892).
Regarding claim 1 [and 8 and 9, see 35 U.S.C. § 112 rejection above], Jiang discloses in Fig. 3, an optical waveguide lens, comprising:
at least two optical waveguide sheets (103-1, 103-2), wherein the at least two optical waveguide sheets (103-1, 103-2) are stacked in a thickness direction of the optical waveguide lens (wherein the waveguides are shown as being stacked on top of one another, rather than side-by-side, thus being stacked in a thickness direction), with adjacent optical waveguide sheets fixedly connected to each other (see description of Fig. 3, wherein, “the first optical waveguide lens 103-1 and the second optical waveguide lens 103-2 is connected by adhesive glue”);
at least one first air gap (shown, but not labeled, between waveguides 103-1, 103-2) each provided between the adjacent optical waveguide sheets (103-1, 103-2) in the thickness direction of the optical waveguide lens; and
at least one filling member (104-1, 104-2) each provided within a respective first air gap to fill at least part of the respective first air gap (see Fig. 3).
Regarding claim 4, Jiang discloses each of the at least one filling member includes transparent adhesive, and the adjacent optical waveguide sheets are fixedly connected to each other by a respective filling member (see English translation wherein, “wherein the adhesive can be UV (Ultraviolet Rays, photosensitive) glue”).
Regarding claim 5, Jiang discloses each of the at least two optical waveguide sheets (103-1, 103-2) includes a lens body and a grating structure (104-1) disposed on the lens body, and each of the at least one first air gap has a height greater than a height of the grating structure projecting from the lens body in the thickness direction of the optical waveguide lens (this is shown in Fig. 3, wherein there is a space on top of grating 104-1 in between 103-1 and 103-2).
Regarding claim 11 [and 18 and 19, see 35 U.S.C. § 112 rejection above], Jiang discloses in Fig. 3, a near-eye display device (see Abstract), comprising:
a housing (wearable display; description of Fig. 11);
a projection device mounted in the housing (see background, wherein, “display module is used for displaying the image corresponding to the image source projected by the image source”);
an optical waveguide lens (shown in Fig. 3) mounted in the housing, wherein the optical waveguide lens is configured to image an image produced by the projection device in front of human eyes (“The near-eye display device mainly comprises an image source and a display module, wherein the image source is used for projecting the image source to the display module. the display module is used for displaying the image corresponding to the image source projected by the image source.”); wherein the optical waveguide lens includes:
at least two optical waveguide sheets (103-1, 103-2), wherein the at least two optical waveguide sheets (103-1, 103-2) are stacked in a thickness direction of the optical waveguide lens (wherein the waveguides are shown as being stacked on top of one another, rather than side-by-side, thus being stacked in a thickness direction), with adjacent optical waveguide sheets fixedly connected to each other (see description of Fig. 3, wherein, “the first optical waveguide lens 103-1 and the second optical waveguide lens 103-2 is connected by adhesive glue”);
at least one first air gap (shown, but not labeled, between waveguides 103-1, 103-2) each provided between the adjacent optical waveguide sheets (103-1, 103-2) in the thickness direction of the optical waveguide lens; and
at least one filling member (104-1, 104-2) each provided within a respective first air gap to fill at least part of the respective first air gap (see Fig. 3).
Regarding claim 14, Jiang discloses each of the at least one filling member includes transparent adhesive, and the adjacent optical waveguide sheets are fixedly connected to each other by a respective filling member (see English translation wherein, “wherein the adhesive can be UV (Ultraviolet Rays, photosensitive) glue”).
Regarding claim 15, Jiang discloses each of the at least two optical waveguide sheets (103-1, 103-2) includes a lens body and a grating structure (104-1) disposed on the lens body, and each of the at least one first air gap has a height greater than a height of the grating structure projecting from the lens body in the thickness direction of the optical waveguide lens (this is shown in Fig. 3, wherein there is a space on top of grating 104-1 in between 103-1 and 103-2).
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.
Claim(s) 3 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0283371 A1 Tekolste et al. (herein “Tekolste”, cited on the attached PTO-892).
Regarding claims 3 and 13, Tekolste discloses each of the at least one filling member has a refractive index less than or equal to 1.3 (para [0179], wherein 760a and 760b can have a low refractive index material), but is silent as to the refractive index being greater than 1.2. However, it would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to have a refractive index greater than 1.2, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Optimizing the refractive index between waveguides to optimize the light signal would require only routine skill int e art and would lead to predictable results, including an optimized image being delivered to the user’s eye.
Conclusion
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/MARY A EL-SHAMMAA/Examiner, Art Unit 2874
/UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874