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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/16/2026 has been considered by the Examiner and made of record in the application file.
Response to Amendment
The Amendment filed 04/20/2026 has been entered. Claims 1-9 and 17-20 have been canceled. The amendments to the claims have overcome the drawing objection previously set forth in the Non-Final Office Action mailed 01/26/2026.
Response to Arguments
Applicant's arguments filed 04/20/2026 have been fully considered but they are not persuasive.
Applicant's arguments with respect to claims 10-16 as they pertain to the prior art have been considered but are moot in view of the new ground(s) of rejection, as necessitated by amendment. Applicant argues Chen does not disclose new limitations “a head-mounted display system”, “a multi-layer optical stack comprising: an eyepiece layer configured to present digital content” and “an illumination layer overlying the eyepiece layer”. However, these limitations are now taught by Chen in view of Zhang et al. (US 20210041692 A1).
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) 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20180206298 A1) in view of Zhang et al. (US 20210041692 A1), hereinafter Zhang.
Regarding independent claim 10, Chen discloses a display comprising:
an illumination layer (Fig. 5; ¶0027) comprising:
a substrate (1; Fig. 5; ¶0027);
one or more LEDs (3; Fig. 5; ¶0027) disposed on a first surface of the substrate (1) (Fig. 5); and
a first encapsulation layer (4, 6; Fig. 5; ¶0027, ¶0036) disposed on the first surface of the substrate (1) (Fig. 5), wherein the first encapsulation layer (4, 6) comprises a patterned surface (61; Fig. 5; ¶0036) such that the patterned surface (61) is configured to improve visible light transmittance of the illumination layer (¶0035-¶0036).
Chen does not disclose the display is a head-mounted display system comprising: a multi-layer optical stack comprising: an eyepiece layer configured to present digital content; and wherein the illumination layer is overlying the eyepiece layer.
However, Zhang teaches a similar display that is a head-mounted display system (Figs. 1-2) comprising a multi-layer optical stack (210; Fig. 2; ¶0024) comprising: an eyepiece layer (250; Fig. 2; ¶0024) configured to present digital content (¶0017), an illumination layer (220, 230, 240; Fig. 2; ¶0024) overlying the eyepiece layer (250) (Fig. 2), wherein the illumination layer (220, 230, 240) comprises a substrate (240; Fig. 2; ¶0024), one or more LEDs (237; Fig. 2; ¶0024) disposed on a first surface of the substrate (240) (Fig. 2), and a first encapsulation layer (220; Fig. 2; ¶0024) disposed on the first surface of the substrate (240) (Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the display of Chen in a head-mounted display system comprising an eyepiece configured to present digital content as taught by Zhang for the purpose of having an optical system that can perform eye-tracking (¶0011 of Zhang).
Regarding claim 11, Chen in view of Zhang discloses the head-mounted display system of claim 10, as set forth above. Chen further discloses the illumination layer (Fig. 2) further comprises a second encapsulation layer (5; Fig. 5; ¶0031) on a second surface of the substrate (1) (Fig. 5), wherein the second encapsulation layer (5) has a second geometry different from a first geometry of the first encapsulation layer (4, 6) (Fig. 5).
Regarding claim 12, Chen in view of Zhang discloses the head-mounted display system of claim 10, as set forth above. Chen does not disclose the illumination layer is configured to output infrared illumination.
However, Zhang teaches the illumination layer (220, 230, 240) is configured to output infrared illumination (¶0024).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the illumination layer being configured to output infrared illumination for the purpose of performing eye-tracking (¶0015 of Zhang).
Regarding claim 13, Chen in view of Zhang discloses the head-mounted display system of claim 11, as set forth above. Chen further discloses the second encapsulation layer (5) has a finite radius of curvature (Fig. 5).
Regarding claim 14, Chen in view of Zhang discloses the head-mounted display system of claim 13, as set forth above. Chen does not disclose the radius of curvature is configured to increase an optical power of the eyepiece.
However, Zhang teaches a second encapsulation layer (220; Fig. 2; ¶0028) that has a finite radius of curvature (221; Fig. 2; ¶0028), wherein the radius of curvature is configured to increase an optical power of the eyepiece (250) (may be used to focus a virtual image included in display light for an eye of a user; Fig. 2; ¶0028).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the radius of curvature being configured to increase an optical power of the eyepiece as taught by Zhang for the purpose of focusing a virtual image for an eye of a user (¶0028 of Zhang).
Regarding claim 15, Chen in view of Zhang discloses the head-mounted display system of claim 10, as set forth above. Chen further discloses the one or more LEDs (3) is covered by the first encapsulation layer (4, 6) (Fig. 5; ¶0027).
Regarding claim 16, Chen in view of Zhang discloses the head-mounted display system of claim 10, as set forth above. Chen does not disclose a light sensor configured to detect light reflected off an eye of a user, wherein the light is emitted by the one or more LEDs.
However, Zhang teaches a light sensor (108A; Fig. 2; ¶0026) configured to detect light reflected off an eye of a user, wherein the light is emitted by the one or more LEDs (237) (Fig. 7; ¶0025).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the light sensor configured to detect light reflected off an eye of a user, wherein the light is emitted by the one or more LEDs as taught by Zhang for the purpose of capturing eye-tracking images of an eye (¶0026 of Zhang).
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 NATASHA NIGAM whose telephone number is (571)270-5423. The examiner can normally be reached Monday - Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at (571)272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATASHA NIGAM/Examiner, Art Unit 2872 June 22nd, 2026
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872
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