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 .
Priority
This application discloses and claims only subject matter disclosed in prior application, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Please see updated office action below.
Claim Rejections - 35 USC § 103
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 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over by Held et al. (US20220413603) (hereinafter Held) in view of Shin et al. (US20220221720) (hereinafter Shin).
Regarding claim 1, Held discloses a system comprising: a transparent combining optic comprising a holographic optical element (HOE), wherein the HOE is configured to [Fig. 8, 0041-0043; transparent combiner and HOE].
diffract light emitted from an illumination source illuminating the HOE [Figs. 1-2, 7-11, 0020-0027; diffracting emitted light].
diffract the light to generate an observable virtual image positioned to overlay a scene of a real-world environment that is external to the HOE, the scene being viewable through the transparent combining optic [Figs. 1-2, 7-11, 0018-0027, 0042-0055; optical system including see through display system and transparent combiner for diffracting light towards eye box using the multiplexed holograms displaying virtual objects overlayed on real world scene].
the virtual image is a representation of at least a portion of the real-world environment [Figs. 1-2, 7-11, 0018-0027, 0042-0055; optical system including see through display system displaying virtual objects overlayed on real world scene].
Held discloses the limitations of the claim. However, Held does not explicitly disclose the virtual image is movable from a first position in the scene to a second position in the scene, the first position being within a line of sight of a user and the second position being external to the line of sight of the user.
Shin discloses the virtual image is movable from a first position in the scene to a second position in the scene, the first position being within a line of sight of a user and the second position being external to the line of sight of the user [Figs. 9-11, 0137, 0186-0193, 0217-0222; virtual image is deviated from the EMB].
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Held with the teachings of Shin as stated above. By incorporating the teachings as such HMDs displaying mixed reality images are able to display an entire image (see Shin 0003-0013).
Regarding claim 2, Held discloses wherein the illumination source emits light on a display and wherein the illumination source comprises a plurality of illumination sources [0041-0046; plurality of light sources and light options].
Regarding claim 3, Held discloses wherein a first illumination source of the plurality of illumination sources and a second illumination source of the plurality of illumination sources separately emit light to illuminate the HOE [0041-0043; plurality of light sources and light options].
Regarding claim 4, Held discloses wherein first light from the first illumination source and second light from the second illumination source project different images in response to being diffracted by the HOE [0023, 0041-0046, 0065-0067; stereo images of virtual objects].
Regarding claim 5, Held discloses wherein the HOE comprises a multiplexed HOE [0020-0027; multiplexed HOE].
Regarding claim 6, Held discloses wherein the observable virtual image is selectable to initiate an interactive action [0021-0030, 0041-0046, 0065-0067; selective optical elements].
Regarding claim 7, Held discloses wherein the observable virtual image comprises a plurality of observable virtual images [0023, 0041-0046, 0065-0067; stereo images of virtual objects].
Regarding claim 8, Held discloses wherein the illumination source comprises a variable illumination source [0041-0043; plurality of light sources and light options].
Regarding claim 9, Held discloses wherein the illumination source emits light on a display that is part of a head-mounted display device [Fig. 1, 0023; HMD].
Regarding claim 10, Held discloses wherein the head-mounted display device comprises at least one of a headset, glasses, a helmet, a visor, a gaming device, or a smart device [Fig. 1, 0023; HMD].
Regarding claim 11, Held discloses wherein the observable virtual image comprises at least one of a time, a letter, a number, a shape, or an icon [0021-0027; overlayed virtual scene].
Regarding claim 12, Held discloses further comprising: at least one camera capturing a scene, wherein the observable virtual image is a section of the scene captured by the at least one camera [0021-0027; displaying captured scene].
Regarding claim 13, Held discloses further comprising: at least one eye tracking system configured to: track movement of an eye viewing the scene; determine a region of the scene corresponding to the tracked eye movement; and update the observable virtual image to highlight the region of the scene [0020-0027; eye tracking providing cameras with different perspective images to eye box].
Regarding claim 14, Held discloses a method comprising: emitting light from an illumination source [0020-0027; diffracting emitted light].
diffracting the light emitted from the illumination source by utilizing a holographic optical element (HOE) to generate an observable virtual image positioned to overlay a scene of a real world environment that is external to the HOE, the scene being viewable through a transparent combining [Figs. 1-2, 7-11, 0018-0027, 0042-0055; optical system including see through display system and transparent combiner for diffracting light towards eye box using the multiplexed holograms displaying virtual objects overlayed on real world scene].
the virtual image is a representation of at least a portion of the real-world environment [Figs. 1-2, 7-11, 0018-0027, 0042-0055; optical system including see through display system displaying virtual objects overlayed on real world scene].
Held discloses the limitations of the claim. However, Held does not explicitly disclose the virtual image is movable from a first position in the scene to a second position in the scene, the first position being within a line of sight of a user and the second position being external to the line of sight of the user.
Shin discloses the virtual image is movable from a first position in the scene to a second position in the scene, the first position being within a line of sight of a user and the second position being external to the line of sight of the user [Figs. 9-11, 0137, 0186-0193, 0217-0222; virtual image is deviated from the EMB].
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Held with the teachings of Shin as stated above. By incorporating the teachings as such HMDs displaying mixed reality images are able to display an entire image (see Shin 0003-0013).
Regarding claim 15, Held discloses capturing, by at least one camera, a scene; tracking movement of an eye viewing the scene; determining a region of the scene corresponding to the tracked eye movement; and updating, using the HOE, the observable virtual image to highlight the region of the scene on a display [0020-0027; eye tracking providing cameras with different perspective images to eye box].
Regarding claim 16, Held discloses capturing at least one of an image or a video corresponding to the updated observable virtual image [0023, 0041-0046, 0065-0067; stereo images of virtual objects].
Regarding claim 17, Held discloses wherein the display is embodied by at least one of a headset, glasses, a helmet, a visor, a gaming device, a wearable device, a head-mounted device, or a smart device [Fig. 1, 0023; HMD].
Regarding claim 18, Held discloses a non-transitory computer readable medium including computer-executable instructions, which when executed cause: emitting light from an illumination source [Figs. 1-5, 0020-0027, 0041-0043; CRM and plurality of light sources and light options].
facilitating diffraction of the light emitted from the illumination source, wherein the light is diffracted by a holographic optical element (HOE) to generate an observable virtual image positioned to overlay a scene of a real world environment that is external to the HOE scene viewable through a transparent combining optic being viewable through the transparent combining optic [Figs. 1-2, 7-11, 0018-0027, 0042-0055; optical system including see through display system and transparent combiner for diffracting light towards eye box using the multiplexed holograms displaying virtual objects overlayed on real world scene].
the virtual image is a representation of at least a portion of the real-world environment [Figs. 1-2, 7-11, 0018-0027, 0042-0055; optical system including see through display system displaying virtual objects overlayed on real world scene].
Held discloses the limitations of the claim. However, Held does not explicitly disclose the virtual image is movable from a first position in the scene to a second position in the scene, the first position being within a line of sight of a user and the second position being external to the line of sight of the user.
Shin discloses the virtual image is movable from a first position in the scene to a second position in the scene, the first position being within a line of sight of a user and the second position being external to the line of sight of the user [Figs. 9-11, 0137, 0186-0193, 0217-0222; virtual image is deviated from the EMB].
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of Held with the teachings of Shin as stated above. By incorporating the teachings as such HMDs displaying mixed reality images are able to display an entire image (see Shin 0003-0013).
Regarding claim 19, Held discloses wherein: the illumination source comprises a first illumination source configured to emit first light and a second illumination source configured to emit second light; the HOE comprises a multiplexed HOE; and the observable virtual image comprises a plurality of observable virtual images [0020-0027; eye tracking providing cameras with different perspective images to eye box].
Regarding claim 20, Held discloses wherein: the illumination source comprises a variable illumination source; the HOE comprises a multiplexed HOE; and the observable virtual image comprises a plurality of observable virtual images, wherein a first observable virtual image is selectable to initiate an interactive action [0021-0030, 0041-0046, 0065-0067; selective optical elements on multiplexed HOE].
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 TALHA M NAWAZ whose telephone number is (571)270-5439. The examiner can normally be reached Flex, M-R 6:30am-3:30pm; F 8:30am-12:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joe G Ustaris can be reached at 571-272-7383. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TALHA M NAWAZ/Primary Examiner, Art Unit 2483