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 .
Election/Restrictions
Applicant's election with traverse of Group I and Species B, claims 1-4, 6-15 and 21-25 in the reply filed on 04/17/2026 is acknowledged. The traversal is on the ground(s) that Species A and B have the same and/or similar features and thus do not appear to be mutually exclusive. This is not found persuasive because:
Species A, drawn to a multiplexed virtual display system with a beam splitting
device with a wedge-shaped prism with two surfaces connected with a single motor actuator assembly only, the single motor actuator assembly configured to move both surfaces together according to figs.1, 2 and 5-9; and
Species B, drawn to a multiplexed virtual display system with a beam splitting
device with two separate distinct plates with two surfaces connected with two motor actuator assemblies, the first motor actuator assembly configured to move the first surface and the second motor actuator assembly configured to move the second surface relative to the first surface according to figs.3-9.
Therefore, the species A and B are independent or distinct because they are mutually exclusive embodiments to each other. In addition, these species are not obvious variants of each other based on the current record.
In addition, these two Species require two different searching strategies/queries, and these two Species require two different searching methods.
The requirement is still deemed proper and is therefore made FINAL.
Claim 5 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/17/2026.
Claim Objections
Claims 10, 21, 22, 23 and 25 objected to because of the following informalities:
Claim 10, line 4, “the first surface” should be “the second surface”; and
Claim 21, lines 3 and 4, “eyes of two occupants of a vehicle” should be “eyes of two observers”;
Claim 22, line 4, “a first occupant” should be “the first observer”, line 5 “a second occupant” should be “the second observer”, lines 6 and 7, “the two occupants comprise the first occupant and the second occupant” should be “the two observers comprise the first observer and the second observer”;
Claim 23, the claim limitation should be “the reflective surfaces comprise the first surface that reflects the S polarized light beam and transmits the P polarized light beam; and the second surface that reflects the P polarized light beam; and
Claim 25, the claim limitation should be “the beam splitting device comprises .
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6, 11, 14 and 15 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Chang US 20230406099.
1. Chang discloses a multiplexed virtual display system comprising:
a beam splitting device (26, para.46) comprising a first surface (first surface of 58) configured to reflect a S polarized light beam (62) to display a first image to a first observer (left observer 14, see fig.2) and transparent to a P polarized light beam (70), and
a second surface (second surface of 60) configured to perform as a primary mirror (60) and reflective to the P polarized light beam (see fig.2);
a secondary mirror (78) configured to reflect the P polarized light beam to display a second image to a second observer (right observer 14, see fig.2 and para.48); and
a projector (16) configured to iteratively alternate between generating the S polarized light beam and the P polarized light beam (para.42 and fig.2).
2. Chang discloses the P polarized light beam passes through the first surface, is reflected off of the second surface, and is refracted by the first surface prior to being directed to the secondary mirror (see fig.2).
3. Chang discloses the first image is a same image as the second image (para.56 and fig.2).
4. Chang discloses the first image is a different image than the second image (para.56 and fig.2).
6. Chang discloses the beam splitting device comprises two separate distinct plates (58 and 60) including a first plate (58) having the first surface and a second plate (60) having the second surface; and an air gap (see fig.2) exists between the first plate and the second plate (see fig.2).
11. Chang discloses further comprising a liquid crystal phase plate (22, para.44) configured to switch linear polarized light generated by the projector from S polarization to P polarization and from P polarization back to S polarization (para.42-44).
14. Chang discloses further comprising a control module (32), wherein the projector comprises a spatial light modulator (para.39) and the control module is configured control the spatial light modulator (para.39 and fig.2) to at least one of:
implement a lens function to independently establish a virtual image distance for each of the first observer and the second observer; and
encode a focal length for each of the first observer and the second observer into a respective one of a plurality of holograms for that viewer per frame (para.39 and fig.2).
15. Chang discloses the projector comprises a light source (para.39), a spatial light modulator (para.39), a programmable polarizer (22), and projection optics (para.39 and fig.2) and outputs multiple versions of the first image in multiple eye boxes to be viewed by the first observer and outputs multiple versions of the first image or the second image in multiple eye boxes to be viewed by the second observer (see fig.2).
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.
Claim(s) 7, 8 and 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang US 20230406099 as applied to claim 1 above, and further in view of Frayne US 20180188548.
7. Chang does not explicitly disclose further comprises at least one motor actuator assembly configured to move at least one of the first surface, the second surface and the secondary mirror.
Frayne discloses a multiplexed virtual display system, figs.1-7 and 19-24, further comprises at least one motor actuator assembly (para.49) configured to move at least one of the first surface, the second surface and the secondary mirror (130)(para.49) for the purpose of moving one or more parts of the display to change the position and/or orientation of the displayed aerial plane (para.49).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further comprises at least one motor actuator assembly configured to move at least one of the first surface, the second surface and the secondary mirror as taught by Frayne in the multiplexed virtual display system of Chang for the purpose of moving one or more parts of the display to change the position and/or orientation of the displayed aerial plane.
8. Chang does not explicitly disclose further comprising: a plurality of eye trackers configured to track at least one of locations and gaze directions of eyes of the first observer and the second observer; and a control module configured, based on the at least one of the locations and gaze directions of the eyes, to adjust at least one of location and orientation of at least one of i) the first surface, ii) the second surface, and iii) the secondary mirror.
Frayne discloses further comprising: an eye tracker (a tracking senor, para.117 and fig.20) configured to track at least one of locations and gaze directions of eyes of the first observer and the second observer (see para.117 and figs.19-24); and a control module (onboard computer) configured, based on the at least one of the locations and gaze directions of the eyes, to adjust at least one of location and orientation of at least one of i) the first surface, ii) the second surface, and iii) the secondary mirror (para.49 and 117) for the purpose of tacking viewer eye and the display alters output based on the position of viewers (page.117).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an eye tracker configured to track at least one of locations and gaze directions of eyes of the first observer and the second observer; and a control module configured, based on the at least one of the locations and gaze directions of the eyes, to adjust at least one of location and orientation of at least one of i) the first surface, ii) the second surface, and iii) the secondary mirror as taught by Frayne in the multiplexed virtual display system of Chang in order to have a plurality of eye trackers configured to track at least one of locations and gaze directions of eyes of the first observer and the second observer; and a control module configured, based on the at least one of the locations and gaze directions of the eyes, to adjust at least one of location and orientation of at least one of i) the first surface, ii) the second surface, and iii) the secondary mirror because it would have been obvious to one having ordinary skill in the art at the time the invention was made to have a plurality of eye trackers instead of an eye trackers, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 for the purpose of tacking viewer eye and the display alters output based on the position of viewers.
21. Chang discloses further comprising a control module (32).
Chang does not explicitly disclose the control module configured to:
track values of at least one of locations and gaze directions of eyes of two observers;
determine locations and orientations of reflective surfaces of the beam splitting device and the secondary mirror based on the tracked values of the at least one of locations and gaze directions of the eyes;
calculate expected image locations for the P polarized light beam and the S polarized light beam generated for two observers that are in different locations;
calculate differences between the tracked values of the at least one of locations and gaze directions and expected values of the at least one of locations and gaze directions; and
based on the differences, adjust one or more of the locations and angles of the reflective surfaces.
Frayne discloses a multiplexed virtual display system, figs.1-7 and 19-24, the control module (150) configured to:
track values of at least one of locations and gaze directions of eyes of two observers (para.117 and figs.19-24);
determine locations and orientations of reflective surfaces of the beam splitting device (120 or 620) and the secondary mirror (130 or 630) based on the tracked values of the at least one of locations and gaze directions of the eyes (para.117 and 49);
calculate expected image locations for the P polarized light beam and the S polarized light beam generated for two observers that are in different locations (para.117 and fig.20);
calculate differences between the tracked values of the at least one of locations and gaze directions and expected values of the at least one of locations and gaze directions (it’s inherently taught by para.117); and
based on the differences, adjust one or more of the locations and angles of the reflective surfaces (para.117 and 49) for the purpose of having the control module configured to perform tacking viewer eye and the display alters output based on the position of viewers (page.117) and moving one or more parts of the display to change the position and/or orientation of the displayed aerial plane (para.49).
22. Chang in view of Frayne discloses the control module is configured to calculate expected image locations for the P polarized light beam and the S polarized light beam accounting for double refraction in an optical path of the P polarized light beam (See fig.2), a distance the S polarized light beam travels from the projector to the first observer (See fig.2), and a distance the P polarized light beam travels from the projector to the second observer (see fig.2); and the two observers comprise the first observer and the second observer (see fig.2) for the purpose of having the control module configured to perform tacking viewer eye and the display alters output based on the position of viewers (page.117) and moving one or more parts of the display to change the position and/or orientation of the displayed aerial plane (para.49). The reason for combining is the same as claim 21.
23. Chang discloses the reflective surfaces comprise the first surface that reflects the S polarized light beam and transmits the P polarized light beam (see fig.2); and the second surface that reflects the P polarized light beam (see fig.2).
24. Frayne discloses the control module is configured to, based on the differences, adjust at least one of: orientation of the second surface relative to the first surface; and a reflective surface of the secondary mirror relative to the first surface (para.117 and 49 and fig.7) for the purpose of having the control module configured to perform tacking viewer eye and the display alters output based on the position of viewers (page.117) and moving one or more parts of the display to change the position and/or orientation of the displayed aerial plane (para.49). The reason for combining is the same as claim 21.
25. Chang discloses the beam splitting device comprises .
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang US 20230406099 as applied to claim 1 above.
12. Chang does not explicitly disclose the secondary mirror comprises a convex-shaped front surface and a flat back surface. It has been judiciarily determined that changing in shapes has been obvious to one of ordinary skill in the art (MPEP 2144.04.IV.B). The secondary mirror comprises a convex-shaped front surface and a flat back surface performs the same function as the secondary mirror with a flat front and back surfaces for reflecting light beam to display a second image to an observer. 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 the secondary mirror comprises a convex-shaped front surface and a flat back surface in the multiplexed virtual display system of Chang for the purpose of for reflecting light beam to display a second image to an observer.
13. Chang does not explicitly disclose the beam splitting device is formed of glass; and the second surface is a metallic surface. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the beam splitting device is formed of glass, and the second surface is a metallic surface, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (In re Leshin, 125 USPQ 416) for the purpose of having high transparency and hardness for using glass material, and reflecting light with metallic surface.
Allowable Subject Matter
Claims 9 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 9, the prior art of record does not disclose or suggest the claim limitations of “further comprising: a plurality of eye trackers configured to track at least one of locations and gaze directions of eyes of the first observer and the second observer, wherein the at least one motor actuator assembly comprising a first motor actuator assembly and a second motor actuator assembly, the first motor actuator assembly configured to move the first surface, and the second motor actuator assembly configured to move the second surface relative to the first surface; and a control module configured, based on the at least one of the locations and gaze directions of the eyes, to adjust at least one of location and orientation of the first surface and the second surface”, along with other claim limitations. Claim 10 is depended on claim 9 so it is allowable for the same reason.
Chang US 20230406099 and Frayne US 20180188548, either singularly or in combination, does not disclose or suggest claim limitations of “further comprising: a plurality of eye trackers configured to track at least one of locations and gaze directions of eyes of the first observer and the second observer, wherein the at least one motor actuator assembly comprising a first motor actuator assembly and a second motor actuator assembly, the first motor actuator assembly configured to move the first surface, and the second motor actuator assembly configured to move the second surface relative to the first surface; and a control module configured, based on the at least one of the locations and gaze directions of the eyes, to adjust at least one of location and orientation of the first surface and the second surface”, along with other claim limitations. Claim 10 is depended on claim 9 so it is allowable for the same reason.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIA X PAN whose telephone number is (571)270-7574. The examiner can normally be reached M-F: 11:00AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Caley can be reached at (571)272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIA X PAN/Primary Examiner, Art Unit 2871
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