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 statements (IDS) submitted on 10/16/2023, 11/14/2023, 04/10/2025, and 07/10/2025 have been considered by the Examiner and made of record in the application file.
Election/Restrictions
Applicant’s election without traverse of claims 10-16 in the reply filed on 01/03/2026 is acknowledged.
Claims 1-9 and 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/03/2026.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first encapsulation layer having a finite radius of curvature must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 10-11 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US 20180206298 A1).
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).
Regarding claim 11, Chen discloses the display 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 15, Chen discloses the display 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).
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) 12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20180206298 A1) in view of Song et al. (US 20220229298 A1), hereinafter Song.
Regarding claim 12, Chen discloses the display of claim 10, as set forth above. Chen does not disclose an eyepiece, the eyepiece configured to present digital content.
However, Song teaches a similar display (200; Fig. 2; ¶0003) comprising an LED (242; Fig. 2), further comprising an eyepiece (220, 230; Fig. 2; ¶0055), the eyepiece (220, 230) configured to present digital content (¶0056).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the display of Chen to incorporate the eyepiece of Song for the purpose of performing augmented reality for a user (¶0056 of Song).
Regarding claim 16, Chen discloses the display of claim 10, as set forth above. Chen does not disclose a light sensor, 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.
However, Song teaches a similar display (200; Fig. 2; ¶0003) comprising an LED (242; Fig. 2), further comprising a light sensor (212; Fig. 2; ¶0066), the light sensor (212) configured to detect light reflected off an eye of a user (¶0066), wherein the light is emitted by the one or more LEDs (242) (¶0069).
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 of Song for the purpose of performing eye tracking (¶0066 of Song).
Claim(s) 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20180206298 A1) in view of Song (US 20220229298 A1) and further in view of Peil et al. (US 20130193592 A1), hereinafter Peil.
Regarding claim 13, Chen in view of Song discloses the display of claim 12, as set forth above. Neither Chen nor Song disclose the first encapsulation layer has a finite radius of curvature.
However, Peil teaches a similar device comprising an illumination layer (11’; Fig. 4; ¶0147), comprising a substrate (2; Figs. 2, 4; ¶0137), one or more LEDs (4; Figs. 2, 4; ¶0137) disposed on a first surface of the substrate (2) (Figs. 2, 4; ¶0137); and a first encapsulation layer (12; Fig. 4; ¶0147) disposed on the first surface of the substrate (2) (Fig. 4), wherein the first encapsulation layer (12) comprises a patterned surface (15; Fig. 4; ¶0147), and further teaches the first encapsulation layer (12) has a finite radius of curvature (Fig. 4).
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 in view of Song to incorporate the first encapsulation layer having a finite radius of curvature for the purpose of focusing the light emitted by the LEDs (¶0147 of Peil).
Regarding claim 14, Chen in view of Song and further in view of Peil discloses the display of claim 13, including the eyepiece and the radius of curvature, as set forth above. Neither Chen nor Song disclose the radius of curvature is configured to increase an optical power of the eyepiece.
However, Peil teaches the radius of curvature is configured to increase an optical power (these lenses have a focusing or dispersing effect on the light emitted by the LEDs; ¶0147).
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 in view of Song to incorporate the first encapsulation layer having a finite radius of curvature for the purpose of focusing the light emitted by the LEDs (¶0147 of Peil).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sharma et al. (US 11455031 B1) discloses an illumination layer comprising a substrate, LEDs, an encapsulation layer, an eyepiece, and a light sensor.
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 January 14th, 2026
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872