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.
Claim Objections
3. Claim 11 is objected to because of the following informalities: The claim states “first and second lens elements” establishing “a first lens element” and “a second lens element”. However, later in the claim, the limitation states “the first element” which instead should be “the first lens element” for appropriate antecedent basis. Appropriate correction is required.
Claim Rejections - 35 USC § 102
4. 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 and 14-18 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.) 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].); 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 5 106 comprising 530) is interposed between the tunable lens (533) and the display (108) (Figure 5 from left to right: 533-530-108) and wherein the catadioptric lens (530) and tunable lens (533) are separated by an air gap (534) (Claims 6 and 8 of the publication emphasize that the gap is air.).
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 t 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.).
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 an adjustable convex surface (Paragraph [0019] describes lens 132 to laterally move adjusting the convex lower portion of 132 in view of the optical axis 129.).
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 tunable lens element (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].), 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.); and
a display (810+811 (108 of figures 1, 4, and 5)) that is viewable through the catadioptric lens module (106) (paragraphs [0033]-[0034]).
Regarding claim 15, Martinez discloses the electronic device defined in claim 14, wherein the tunable lens element (132/432/533+134/434/534+130/430/530) is interposed between the partially reflective layer (146/446/546) and the quarter wave plate (122) (figure 1 from left to right: 122-(132+134+130)-146).
Regarding claim 16, Martinez discloses the electronic device defined in claim 14, wherein the display (Figure 3 108) is configured to emit light (301) that passes through (305+306) the partially reflective layer (146) (paragraph [0022]), the tunable lens element (106), and the quarter wave plate (122), then reflects off (307) the reflective polarizer (124) and passes through (308) the quarter wave plate (122) and the tunable lens (106: comprising 130+132+134), and then reflects off (309) the partially reflective layer (146) and passes through (310) the tunable lens (106), the quarter wave plate (122), and the reflective polarizer (124).
Regarding claim 17, Martinez discloses the electronic device defined in claim 14, wherein the catadioptric lens module (Figure 5 106) further comprises first (533) and second additional lens elements (530), wherein the first additional lens element (533) is interposed between the tunable lens element (532) and the second additional lens element (530) (Figure 5 from left to right: 532 – 533 - 530), and wherein the second additional lens element (530) is interposed between the first additional lens element (533) and the display (108) (Figure 5 from left to right: 533 – 530 - 108).
Regarding claim 18, Martinez discloses the electronic device defined in claim 14, wherein the catadioptric lens module (Figure 5 106) further comprises first (532) and second additional lens elements (530), wherein the tunable lens element (533) is interposed between the first additional lens element (532) and the second additional lens element (530) (Figure 5 from left to right: 532 – 533 - 530), and wherein there is an air gap (534) (Claims 6 and 8 of the publication emphasize that the gap is air.) between the tunable lens element (533) and the first additional lens element (532).
Claim Rejections - 35 USC § 103
5. 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.
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].) 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]).
Regarding claim 10, Martinez and Le discloses the electronic device defined in claim 9, wherein the Fresnel lens element (Martinez: Surface 142 of lens 132, or surfaces 138/140 of lens 130; Le: paragraph [0101] surfaces 635, 637, or 638 may comprise a Fresnel structure.) is interposed between the tunable lens (Martinez: 132/432/532+134/434/534+130/430/530) and the display (Martinez: 108) (In combination: Martinez surfaces 138, 140, or 142 may comprise the Fresnel element (Le paragraph [0101]) which, as depicted in figures 1, 4, and 5, a left to right order of: tunable lens 132/432/532 - Fresnel lens element (138, 140, 142) – display 108.).
Regarding claim 11, Martinez and Le discloses the electronic device defined in claim 9, wherein the tunable lens (Martinez: Figure 4 432+430+434) comprises a 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.) defined by first (Martinez: 432) and second lens elements (Martinez: 430), wherein the fluid-filled chamber (Martinez: 434) is interposed between the Fresnel lens element (Martinez: Figure 4 444; Le: Figure 6B paragraph [0101] 636) and the display (Martinez: 108) (Martinez: Figure 4 from left to right 444 – 434 - 108), wherein the first element (see claim objection) (Martinez: 432) is interposed between the Fresnel lens element (Martinez: Figure 4 444; Le: Figure 6B paragraph [0101] 636) and the second lens element (Martinez: 430) (Martinez: Figure 4 from left to right 444 - 432 - 430), wherein the first element (Martinez: 432) has first (Martinez: 442) and second (Martinez: 444) opposing sides, wherein the first side (Martinez: 442) is in direct contact (paragraph [0026]) with a fluid in the fluid-filled chamber (Martinez: 434), and wherein the second side (Martinez: 444) is in direct contact with the Fresnel lens element (Martinez: Figure 4 444; Le: Figure 6B paragraph [0101] 636).
Regarding claim 12, Martinez and Le discloses the electronic device defined in claim 9, wherein the tunable lens (Martinez: Figure 4 432+434+430) comprises a fluid-filled chamber (Martinez: 434) defined by a first lens elements (Martinez: 432) and the Fresnel lens element (Martinez: 444; Le: Figure 6B paragraph [0101] 636), 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 direct contact (paragraph [0026]) with a 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 discloses the electronic device defined in claim 9, wherein the tunable lens comprises a fluid-filled chamber (Martinez: Figure 4 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.).
6. Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinez in view of Pedder et al. (US Patent Application Publication 2020/0096770), herein after referred to as Pedder.
Regarding claim 19, Martinez discloses the electronic device defined in claim 14, wherein the tunable lens element (Figure 4 432) comprises a fluid-filled chamber (434 described in paragraph [0026] describes the gap t be filled with fluid.) and [ ].
Martinez does not specifically disclose wherein the electronic device further comprises a fluid control component that is configured to adjust a volume of fluid in the fluid-filled chamber.
Pedder discloses wherein the tunable lens element (Figure 4A and paragraph [0068].) comprises a fluid-filled chamber (Fluid filled gap 114 with adjustable width 11 as described in paragraph [0068].) and wherein the electronic device (HMD 10) further comprises a fluid control component (108) that is configured to adjust a volume of fluid in the fluid-filled chamber (paragraph [0070]).
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 yielding the predictable results of adjusting the lens power as disclosed by Pedder (paragraph [0068]).
Regarding claim 20, Pedder discloses the electronic device defined in claim 19, wherein adjusting the volume of fluid in the fluid-filled chamber (Figure 4A 112) adjusts a thickness (114) of the fluid-filled chamber (paragraph [0068]).
Conclusion
7. 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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/CHRISTOPHER E LEIBY/Primary Examiner, Art Unit 2621