Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 1-20 are pending. Bolded claim language below regards newly amended subject matter with a corresponding new rejection citation. Newly amended subject matter that is not bolded does not comprise a new rejection citation (utilizes previous interpretation that is unchanged in view of the new language) or is a newly added claim.
Claim Rejections - 35 USC § 102
3. 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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Martinez et al. (US Patent Application Publication 2020/0073123), herein after referred to as Martinez.
Regarding independent claim 1, Martinez discloses an electronic device (Figure 8 800), comprising:
a head-mounted support structure (800) (paragraph [0033]);
a lens module (813+815) coupled to the head-mounted support structure (800) (paragraph [0034]), wherein the lens module (813+815) comprises a catadioptric lens (106) (Paragraph [0034] describes the optical systems 813+815 implement an optical system of a variable catadioptric lens assembly 106 such as system 100 of figure 1, system 400 of figure 4, and system 500 of figure 5.) with a fixed optical power ([0019] lens 130 is fixed) and a tunable lens (132/432/533+134/434/534+130/430/530 of Figures 1, 4, and 5 describes respectively a first lens, gap, and second lens which together form a tunable lens.) (Figure 1 132 laterally translates relative to lens 130 to adjust the optical power and tune the focal length of the CLA 106 as described in paragraph [0019]. Figure 1 132 laterally translates 150 relative to lens 130 to tune the focal length of the CLA 106 as described in paragraph [0019]. Similarly, figure 4 lens 432 paragraph [0026] and figure 5 lens 533 paragraph [0029].) with an adjustable optical power ([0019] lens 132 laterally translates in direction 150 to change the optical power and focal length of the CLA 106 as a whole); and
a display (810+811 (108 of figures 1, 4, and 5)) that is viewable through the lens module (813+815) (paragraphs [0033]-[0034]).
Regarding claim 2, Martinez discloses the electronic device defined in claim 1, wherein the catadioptric lens (Figure 5 106) comprises:
a first lens element (530);
a partially reflective layer (546) (Paragraph [0028] describes partial mirror 546 to be disposed on surface 538. Paragraph [0017] describes the partial mirror to be implemented as a 50% mirror, wherein only 50% (partial) of the incident light is allowed to pass through.);
a quarter wave plate (122) (Paragraph [0027] describes 502 to be the same as 102 of system 100 in figure 1. Paragraph [0015] describes 122 as QWP (defined earlier in the paragraph as quarter wave plate).); and
a reflective polarizer (124) (Figure 1 incorrectly labels the layer between 126 and 122 as “129”. However, in view of figures 3 and paragraph [0015] this should instead be labeled “124” for polarizing beam splitting PBS layer. Paragraph [0022] describes 124 to reflect light 306 with y-linear polarization.).
Regarding claim 3, Martinez discloses the electronic device defined in claim 2, wherein the partially reflective layer (Figure 5 546) is interposed between the first lens element (530) and the display (108) (figure 5 from left to right: 530-546-108), wherein the quarter wave plate (122) is interposed between the reflective polarizer (124) and the partially reflective layer (546) (figure 1 and 5 from left to right: 124-122-546), and wherein the catadioptric lens (106) further comprises:
a second lens element (532), wherein the first lens element (530) is interposed between the display (108) and the second lens element (132) (figure 5 from left to right: 532-530-108).
Regarding claim 4, Martinez discloses the electronic device defined in claim 3, wherein an air gap (Figure 5 534+535) is interposed between the first (532) and second lens elements (530) (Claims 6 and 8 of the publication emphasize that the gap is air.).
Regarding claim 5, Martinez discloses the electronic device defined in claim 3, wherein the catadioptric lens (Figure 5 106) further comprises:
a third lens element (533), wherein the third lens element is interposed between the display (108) and the first lens element (532).
Regarding claim 6, Martinez discloses the electronic device defined in claim 1, wherein the catadioptric lens (Figure 1 106) comprises first (146) and second (130) lens elements, wherein the tunable lens comprises fourth (104) and fifth (132) lens elements, wherein the first (146) and second lens (130) elements are interposed (as depicted in figure 1) between the fourth (104) lens element and the display (108).
Regarding claim 8, Martinez discloses the electronic device defined in claim 1, wherein the tunable lens (Figure 1 132) has an aspheric concave surface (Figure 1 lens 132 described in paragraph [0018] to have freeform curvature depicted with concave portion in the upper northern portion of surface 142, of lens 143, and convex portion in the lower southern portion of surface 142 (describing an aspheric surface).) with fixed curvature (Figure 1 and paragraph [0018] depict the surface 142 itself as fixed.) and a convex surface with an adjustable curvature (Paragraph [0019] describes lens 132 to laterally move adjusting the convex lower portion curvature of 132 in view of the optical axis 129.).
Claim Rejections - 35 USC § 103
4. 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) 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinez in view of Le et al. (US Patent Application Publication 2024/0369835), herein after referred to as Le, and further in view of Pedder et al. (US Patent Application Publication 2020/0096770), herein after referred to as Pedder.
Regarding independent claim 9, Martinez discloses an electronic device (Figure 8 800), comprising: a head-mounted support structure (800) (paragraph [0033]);
a lens module (813+815) coupled to the head-mounted support structure (800) (paragraph [0034]), wherein the lens module (813+815) comprises:
a tunable lens (132/432/532+134/434/534+130/430/530) (Figure 1 132 laterally translates relative to lens 130 to adjust the optical power and tune the focal length of the CLA 106 as described in paragraph [0019]. Figure 1 132 laterally translates 150 relative to lens 130 to tune the focal length of the CLA 106 as described in paragraph [0019]. Similarly, figure 4 lens 432 paragraph [0026] and figure 5 lens 533 paragraph [0029].) comprising a fluid-filled chamber [ ] (434 described in paragraph [0026] describes the gap to be filled with fluid.); and
a Fresnel [ ] element (Paragraph [0026] describes Fresnel reflection elements may occur in the gap but could be reduced by filling the gap with fluid.); and
a display (810+811 (108 of figures 1, 4, and 5)) that is viewable through the lens module (813+815) (paragraphs [0033]-[0034]).
Martinez does not specifically disclose a Fresnel lens element.
Le discloses an electronic device (Figure 1/6 100/600), comprising:
a head-mounted support structure (paragraph [0032]);
a lens module (130/630: which directly correlates to Martinez lenses 132+130) coupled to the head-mounted support structure (paragraph [0032]), wherein the lens module (130/630) comprises a tunable optical system (Paragraph [0074] describes a catadioptric optical system can be used to adjust focus) and a Fresnel lens element (Paragraph [0093] describes wherein the lens 131 can be modified into a Fresnel lens structure. Figures 6A-6B depict the modification of Fresnel lens 191 as described in paragraphs [0094]-[0098]. Paragraph [0101] describes that any of the surfaces of 635-638 of lenses 631+632 may also include a Fresnel structure.); and
a display (120/620) that is viewable through the lens module (130/630) (paragraphs [0040] and [0099]).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Martinez’s optical Catadioptric system 106 with the known technique of a Fresnel lens element yielding the predictable results of reduced lens defects in the manufacturing process and for high resolution for on axis viewing as disclosed by Le (paragraphs [0039] and [0109]).
Martinez does not specifically disclose the fluid-filled chamber with an adjustable shape.
Pedder discloses wherein the tunable lens element (Figure 4A and paragraph [0068].) comprises a fluid filled chamber with an adjustable shape (Fluid filled gap 114 with adjustable width 11 (adjustable shape) as described in paragraph [0068].).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Martinez fluid gap 434 with the known technique of a fluid control component that is configured to adjust a volume of fluid in the fluid-filled chamber with an adjustable shape yielding the predictable results of adjusting the lens power as disclosed by Pedder (paragraph [0068]).
Regarding claim 10, Martinez-Le-Pedder discloses the electronic device defined in claim 9, wherein the fluid-filled chamber (Martinez: 434) is interposed between the Fresnel lens element (Martinez: Surface 442 of lens 432, or surfaces 438/440 of lens 430; Le: paragraph [0101] surfaces 635, 637, or 638 may comprise a Fresnel structure.) and the display (Martinez: 108) (In combination: Martinez surfaces 438, 440, or 442 may comprise the Fresnel element (Le paragraph [0101]) which, as depicted in figure 4, a left to right order of: Fresnel lens element (442) – fluid chamber 434 – display 108.).
Regarding claim 11, Martinez-Le-Pedder discloses the electronic device defined in claim 9, wherein the tunable lens (Martinez: Figure 4 432+430+434) further comprises a lens element (Martinez: lens element may regard any one of 440 430 which may include Fresnel Lens of Le) in direct contact with the fluid (Martinez: 434), wherein the lens element (Martinez: 440/430) is interposed between the fluid-filled chamber (Martinez: 434) and the display (Martinez: 108) (figure 4 depicts from left to right: 434 – 440/430 – 108).
Regarding claim 12, Martinez and Le discloses the electronic device defined in claim 9, wherein the Fresnel lens element (Martinez: 444; Le: 636) has first (Martinez: 442) and second opposing sides (Martinez: 444), wherein the first side (Martinez: 442) is in the direct contact (paragraph [0026]) with the fluid in the fluid-filled chamber (Martinez: gap 434 described in paragraph [0026] to be filled with fluid to reduce ghost image artifacts from Fresnel reflections (implying a Fresnel element on lens 432 correlating to Le paragraph [0101] lens 631 with surfaces 635+636.), and wherein the second side (Martinez: 444) has a plurality of Fresnel lens rings (Le: Figure 6A paragraph [0094] describes concentric/ring portions 181-185.).
Regarding claim 13, Martinez and Le discloses the electronic device defined in claim 12, wherein the first side of the Fresnel lens element is planar (Le: Figure 6B depicts surface 638 (corresponding to Martinez: 440) as planar [0101] describes surface can have any shape including planar comprising Fresnel structure.).
5. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinez in view of Pedder.
Regarding claim 7, Martinez discloses the electronic device defined in claim 1, wherein the tunable lens (Figure 4 432) comprises a fluid-filled chamber [ ] (434 described in paragraph [0026] describes the gap to be filled with fluid.) and wherein the electronic device (800) further comprises: a gaze-tracking sensor (Figure 6 602), wherein the tunable lens element (432) is configured to be adjusted based on information from the gaze-tracking sensor (602) (Paragraph [0031] describes gaze tracking to be implemented in the optical systems described therein (figures 1, 4, and 5) for tunable systems.).
Martinez does not specifically disclose the fluid-filled chamber with an adjustable shape.
Pedder discloses wherein the tunable lens element (Figure 4A and paragraph [0068].) comprises a fluid filled chamber with an adjustable shape (Fluid filled gap 114 with adjustable width 11 (adjustable shape) as described in paragraph [0068].).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Martinez fluid gap 434 with the known technique of a fluid control component that is configured to adjust a volume of fluid in the fluid-filled chamber with an adjustable shape yielding the predictable results of adjusting the lens power as disclosed by Pedder (paragraph [0068]).
Allowable Subject Matter
6. Claims 14-20 are allowed. The following is an examiner’s statement of reasons for allowance:
Regarding independent claim 14, Martinez discloses an electronic device (Figure 8 800), comprising:
a head-mounted support structure (800) (paragraph [0033]);
a catadioptric lens module (106) (Paragraph [0034] describes the optical systems 813+815 implement an optical system of a variable catadioptric lens assembly 106 such as system 100 of figure 1, system 400 of figure 4, and system 500 of figure 5.) coupled to the head-mounted support structure (800) (paragraph [0034]), wherein the catadioptric lens module (106) comprises a non-adjustable lens element ([0019] lens 130/430/530/532 is fixed), a tunable lens (Figure 1 132 laterally translates relative to lens 130 to adjust the optical power and tune the focal length of the CLA 106 as described in paragraph [0019]. Figure 1 132 laterally translates 150 relative to lens 130 to tune the focal length of the CLA 106 as described in paragraph [0019]. Similarly, figure 4 lens 432 paragraph [0026] and figure 5 lens 533 paragraph [0029].), a partially reflective layer (146/446/546) (Paragraph [0017] describes the partial mirror to be implemented as a 50% mirror, wherein only 50% (partial) of the incident light is allowed to pass through.), a quarter wave plate (122) (Paragraph [0027] describes 502 to be the same as 102 of system 100 in figure 1. Paragraph [0015] describes 122 as QWP (defined earlier in the paragraph as quarter wave plate). Paragraphs [0024] and [0027] respectively describes 402 and 502 to be the same as 102 of system 100 in figure 1.), and a reflective polarizer (124) (Figure 1 incorrectly labels the layer between 126 and 122 as “129”. However, in view of figures 3 and paragraph [0015] this should instead be labeled “124” for polarizing beam splitting PBS layer. Paragraph [0022] describes 124 to reflect light 306 with y-linear polarization. Paragraphs [0024] and [0027] respectively describes 402 and 502 to be the same as 102 of system 100 in figure 1.), wherein the tunable lens (533) is interposed (figure 5) between the non-adjustable lens element (532) and the display (108), and [ ]; and
a display (810+811 (108 of figures 1, 4, and 5)) that is viewable through the catadioptric lens module (106) (paragraphs [0033]-[0034]).
Martinez does not specifically disclose wherein the partially reflective layer is formed on the tunable lens.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
6. Applicant's arguments filed 4/30/2026 have been fully considered but they are not persuasive. Applicant argues the CLA 106 of Martinez is variable and does not include the claimed fixed power and tunable lens. The claims state the catadioptric lens comprises a fixed optical power and tunable lens with an adjustable optical power. Using figure 1 of Martinez, for example, lens 130 is specifically described to be fixed (fixed optical power) and lens 132 is adjustable laterally 150 specifically to adjust the optical power. The rejection is maintained.
Applicant’s next argument regards the newly amended subject matter of claim 9. Previously cited art Pedder is utilized in combination with Martinez and Le to disclose the subject matter as shown above.
Regarding claims 14-20, newly amended subject matter is found allowable as shown above.
This action is final necessitated by amendment.
Conclusion
7. 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 CHRISTOPHER E LEIBY whose telephone number is (571)270-3142. The examiner can normally be reached 11-7.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amr Awad can be reached at 571-272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER E LEIBY/Primary Examiner, Art Unit 2621
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