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 .
DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to claims 1-16 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
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 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.
Claims 1-7, 10-11, 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Yan et al. (US 2021/0048674) in view of Ouderkirk et al. (US 10,962,791); further in view of Yu et al. (US 2020/0068191).
Regarding claim 1, Yan et al. (figures 1-4B) discloses an electronic device, comprising:
a head-mounted support structure (26-2; figure 2; see at least paragraph 0026); and
an optical module (100, 102; see at least paragraph 0027) coupled to the head-mounted support structure, wherein the optical module comprises:
a waveguide (86; figure 2) having first and second opposing sides;
a display that is configured to emit light into the waveguide (14; figure 2; see at least paragraph 0028);
a negative lens on the first side of the waveguide (120; see at least paragraph 0033); and
a positive lens on the second side of the waveguide (106; see at least paragraph 0033).
Yan et al. discloses the limitations as shown in the rejection of claim 1 above. However, Yan et al. is silent regarding an adjustable positive lens and a control circuitry.
Ouderkirk et al. (figure 10) teaches an adjustable positive lens (1005; the shape of the structural support element may be any of a variety of shapes, including, without limitation, substantially planar, biconvex, biconcave, plano-convex, plano-concave, positive meniscus, or negative meniscus; see at least column 11, lines 1-10 and column 16, lines 1-10). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lens as taught by Ouderkirk et al. in order to accommodate users with different vision and/or to accommodate left and right eyes with different vision.
In addition, Yu et al. (figures 1-9) teaches a control circuitry configured to adjust the adjustable positive lens based on a depth of the content presented by the display (The processor 901 may be configured to load the image stereoscopic display program stored in the memory 905, and specifically perform the following operations: obtaining a to-be-displayed image to be displayed on a display screen, the to-be-displayed image including a plurality of pixel regions; obtaining, in the to-be-displayed image, virtual display depth information corresponding to each of the pixel regions corresponding to a plurality of pixel groups on the display screen; controlling, according to virtual display depth information corresponding to each of the plurality of pixel regions, an electric field applied to liquid crystal molecules in a liquid crystal lens unit in a light emitting direction that is of the display screen and that corresponds to a pixel group corresponding to each pixel region, when after displaying the to-be-displayed image on the display screen, to change a refractive index of the corresponding liquid crystal lens unit, and adjust, by using the corresponding liquid crystal lens unit, a first virtual image of content displayed by each pixel group; see at least paragraph 0062). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lens as taught by Yu et al. in order to improve viewing experience of a user.
Regarding claim 2, Yan et al. (figures 1-4B) discloses wherein the negative lens is a non-adjustable negative lens (120; see at least paragraph 0033).
Regarding claim 3, Yan et al. discloses the limitations as shown in the rejection of claim 1 above. However, Yan et al. is silent regarding an adjustable negative lens. Ouderkirk et al. (figure 9) teaches an adjustable negative lens (1010; the shape of the structural support element may be any of a variety of shapes, including, without limitation, substantially planar, biconvex, biconcave, plano-convex, plano-concave, positive meniscus, or negative meniscus; see at least column 11, lines 1-10 and column 16, lines 1-10). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lens as taught by Ouderkirk et al. in order to accommodate users with different vision and/or to accommodate left and right eyes with different vision.
Regarding claim 4, Yan et al. as modified by Ouderkirk et al. teaches wherein the adjustable positive lens and the adjustable negative lens are adjusted independently.
The limitation, “wherein the adjustable positive lens and the adjustable negative lens are adjusted independently” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Ouderkirk et al. discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so.
Regarding claim 5, Yan et al. as modified by Ouderkirk et al. and Yu et al. teaches wherein the control circuitry is further configured to adjust the adjustable positive lens and the adjustable negative lens synchronously.
Regarding claim 6, Ouderkirk et al. (figure 10) teaches wherein the adjustable negative lens comprises first tunable lens element with a first fluid-filled chamber and wherein the adjustable positive lens comprises a second tunable lens element with a second fluid-filled chamber (e.g., an optical fluid; as shown in FIG. 1A; see at least column 5, lines 29-45).
Regarding claim 7, Ouderkirk et al. (figure 10) teaches wherein the adjustable negative lens further comprises a non-adjustable lens element with a surface having concave curvature (structural support 1050).
Regarding claim 10, Yan et al. (figures 1-4B) discloses wherein the optical module further comprises: an input coupler that couples the light from the display into the waveguide; and an output coupler that couples the light from the display out of the waveguide ( An optical system for device 10 may be formed from couplers 84 (sometimes referred to as input couplers), waveguides 86, and an optical system formed from one or more optical components such as components 100 and 102 and Waveguides 86 may be provided with respective left and right output couplers 88 such as holograms formed on or in the material of waveguides 86; see at least paragraphs 0027-0029).
Regarding claim 11, Ouderkirk et al. (figure 10) teaches wherein the negative lens comprises third and fourth opposing sides, wherein the third side is interposed between the waveguide and the fourth side, and wherein the fourth side has a surface with concave curvature (outer surface of lens 1050 and waveguide 1030).
Regarding claim 13, Ouderkirk et al. (figure 10) teaches a gaze-tracking sensor, wherein the adjustable positive lens is configured to be adjusted based on a vergence detected by the gaze-tracking sensor (in the more integrated optical lens assembly 1000, the structural support element may include an ophthalmic corrective optic and/or an eye tracking element. The curvature of structural support element 1045, which may be furthest from eye 1035, may result in improved anti-reflective properties and therefore may have a high optical quality as an outer protective lens element; see at least column 17, lines 11-32 and column 8, lines 18-42).
Regarding claim 14, Ouderkirk et al. (figure 10) teaches a gaze-tracking sensor, wherein the control circuitry is further configured to adjust the adjustable positive lens based on an eye position detected by the gaze-tracking sensor (in the more integrated optical lens assembly 1000, the structural support element may include an ophthalmic corrective optic and/or an eye tracking element. The curvature of structural support element 1045, which may be furthest from eye 1035, may result in improved anti-reflective properties and therefore may have a high optical quality as an outer protective lens element; see at least column 17, lines 11-32 and column 8, lines 18-42).
Regarding claim 15, Yu et al. (figures 1-9) teaches wherein the control circuitry is further configured to run a plurality of applications and to adjust the adjustable positive lens based on information regarding the plurality of applications (the control module 3 is electrically coupled to the display screen 1 and the liquid crystal lens layer 2, and configured to obtain virtual display depth information of to-be-displayed content of each pixel group 10 on the display screen 1, and control, according to the virtual display depth information, an electric field of liquid crystal molecules in the liquid crystal lens unit 20 corresponding to the pixel group 10, when or after displaying the to-be-displayed content on the pixel group 10, to change a refractive index of the corresponding liquid crystal lens unit 20, and further, adjust, by using the corresponding liquid crystal lens unit, a first virtual image of the content displayed by the pixel group. The virtual display depth information is distance information of each object in the to-be-displayed content. That is, the control module 3 can control, according to the distance information of each object in the to-be-displayed content included in the content displayed by the pixel group 10, the electric field applied to liquid crystal molecules in a liquid crystal lens unit 20 corresponding to the pixel group 10, to change a refractive index of the liquid crystal lens unit 20, and further, to adjust a virtual image distance of the virtual image corresponding to the content displayed by the pixel group 10 ; see at least paragraph 0022).
Regarding claim 16, Ouderkirk et al. (figure 10) a gaze-tracking sensor, wherein the control circuitry is further configured to adjust the adjustable positive lens based on a gaze direction detected by the gaze-tracking sensor (in the more integrated optical lens assembly 1000, the structural support element may include an ophthalmic corrective optic and/or an eye tracking element. The curvature of structural support element 1045, which may be furthest from eye 1035, may result in improved anti-reflective properties and therefore may have a high optical quality as an outer protective lens element; see at least column 17, lines 11-32 and column 8, lines 18-42).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yan et al. (US 2021/0048674) in view of Ouderkirk et al. (US 10,962,791) and Yu et al. (US 2020/0068191); further in view of Dharmatilleke (US 2011/0038028).
Regarding claim 8, Yan et al. discloses the limitations as shown in the rejection of claim 1 above. However, Yan et al. is silent regarding wherein the optical module further comprises a cover layer that is in direct contact with the adjustable positive lens. Dharmatilleke (figure 3K) teaches wherein the optical module further comprises a cover layer that is in direct contact with the adjustable positive lens (Covers 436 may be provided to protect the flowable materials 204a, 204b from the environment; see at least paragraph 0064). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cover as taught by Dharmatilleke et al. in order to protect the electronic device.
Regarding claim 9, Yan et al. discloses the limitations as shown in the rejection of claim 1 above. However, Yan et al. is silent regarding wherein the optical module further comprises a cover layer that is separated from the adjustable positive lens by an air gap. Dharmatilleke (figure 3K) teaches wherein the optical module further comprises a cover layer that is separated from the adjustable positive lens by an air gap (the air gap between covers 436 may be provided and the flowable materials 204a, 204b; see at least paragraph 0064). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the cover as taught by Dharmatilleke et al. in order to protect the electronic device.
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Yan et al. (US 2021/0048674) in view of Boh (US 2019/0243123).
Regarding claim 21, Yan et al. (figures 1-4B) discloses an electronic device, comprising:
a head-mounted support structure (26-2; figure 2; see at least paragraph 0026); and
an optical module (100, 102; see at least paragraph 0027) coupled to the head-mounted support structure, wherein the optical module comprises:
a waveguide (86; figure 2) having first and second opposing sides;
a display that is configured to emit light into the waveguide (14; figure 2; see at least paragraph 0028);
a negative lens on the first side of the waveguide (120; see at least paragraph 0033); and
a positive lens on the second side of the waveguide (106; see at least paragraph 0033).
Yan et al. discloses the limitations as shown in the rejection of claim 21 above. However, Yan et al. is silent regarding an adjustable negative lens and an adjustable positive lens.
Bohn (figures 2A-2B) teaches an adjustable negative lens on the first side of the waveguide, wherein the adjustable negative lens comprises a first fluid-filled chamber and an adjustable positive lens on the second side of the waveguide, wherein the adjustable positive lens comprises a second fluid-filled chamber and wherein a channel connects the first fluid-filled chamber and the second fluid- filled chamber (200A, 200B, 208; As the actuator 212 pumps fluid out of a lens 200, the flexible element becomes concave and the power of the lens 200 becomes negative. In this manner, the inner lens 200B in a pair of fluid-filled lenses 200 becomes more negative as the outer lens 200A becomes more positive, and the real world appears correctly to the user's eye 204 with no optical power; see at least paragraph 0043). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lens as taught by Bohn in order to accommodate users with different vision and/or to accommodate left and right eyes with different vision.
Regarding claim 22, Bohn (figures 2A-2B) teaches control circuitry configured to adjust the adjustable negative lens and the adjustable positive lens synchronously (200A, 200B, 208; As the actuator 212 pumps fluid out of a lens 200, the flexible element becomes concave and the power of the lens 200 becomes negative. In this manner, the inner lens 200B in a pair of fluid-filled lenses 200 becomes more negative as the outer lens 200A becomes more positive, and the real world appears correctly to the user's eye 204 with no optical power; see at least paragraph 0043).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Yan et al. (US 2021/0048674) in view of Boh (US 2019/0243123); further in view of Ouderkirk et al. (US 10,962,791).
Regarding claim 23, Yan et al. (figures 1-4B) discloses an electronic device, comprising:
a head-mounted support structure (26-2; figure 2; see at least paragraph 0026); and
an optical module (100, 102; see at least paragraph 0027) coupled to the head-mounted support structure, wherein the optical module comprises:
a waveguide (86; figure 2) having first and second opposing sides;
a display that is configured to emit light into the waveguide (14; figure 2; see at least paragraph 0028);
a negative lens on the first side of the waveguide (120; see at least paragraph 0033); and
a positive lens on the second side of the waveguide (106; see at least paragraph 0033).
Yan et al. discloses the limitations as shown in the rejection of claim 23 above. However, Yan et al. is silent regarding an adjustable negative lens and an adjustable positive lens.
Bohn (figures 2A-2B) teaches a negative lens on the first side of the waveguide; and an adjustable positive lens on the second side of the waveguide (200A, 200B, 208; As the actuator 212 pumps fluid out of a lens 200, the flexible element becomes concave and the power of the lens 200 becomes negative. In this manner, the inner lens 200B in a pair of fluid-filled lenses 200 becomes more negative as the outer lens 200A becomes more positive, and the real world appears correctly to the user's eye 204 with no optical power; see at least paragraph 0043). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lens as taught by Bohn in order to accommodate users with different vision and/or to accommodate left and right eyes with different vision.
In addition, Ouderkirk et al. (figure 10) teaches a gaze-tracking sensor, wherein the adjustable positive lens is configured to be adjusted based on a vergence detected by the gaze-tracking sensor (in the more integrated optical lens assembly 1000, the structural support element may include an ophthalmic corrective optic and/or an eye tracking element. The curvature of structural support element 1045, which may be furthest from eye 1035, may result in improved anti-reflective properties and therefore may have a high optical quality as an outer protective lens element; see at least column 17, lines 11-32 and column 8, lines 18-42). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lens as taught by Ouderkirk et al. in order to accommodate users with different vision and/or to accommodate left and right eyes with different vision.
Therefore, Yan et al. as modified by Bohn and Ouderkirk et al. teaches control circuitry configured to adjust an optical power of the adjustable positive lens based on the vergence information determined by the gaze-tracking sensor.
Claims 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Yan et al. (US 2021/0048674) in view of Boh (US 2019/0243123); further in view of Ouderkirk et al. (US 10,962,791) and Yu et al. (US 2020/0068191).
Regarding claim 24, Yan et al. discloses the limitations as shown in the rejection of claim 23 above. However, Yan et al. is silent regarding wherein the control circuitry is further configured to adjust a depth of the content presented by the display. Yu et al. (figures 1-9) teaches a control circuitry configured to adjust the adjustable positive lens based on a depth of the content presented by the display (The processor 901 may be configured to load the image stereoscopic display program stored in the memory 905, and specifically perform the following operations: obtaining a to-be-displayed image to be displayed on a display screen, the to-be-displayed image including a plurality of pixel regions; obtaining, in the to-be-displayed image, virtual display depth information corresponding to each of the pixel regions corresponding to a plurality of pixel groups on the display screen; controlling, according to virtual display depth information corresponding to each of the plurality of pixel regions, an electric field applied to liquid crystal molecules in a liquid crystal lens unit in a light emitting direction that is of the display screen and that corresponds to a pixel group corresponding to each pixel region, when after displaying the to-be-displayed image on the display screen, to change a refractive index of the corresponding liquid crystal lens unit, and adjust, by using the corresponding liquid crystal lens unit, a first virtual image of content displayed by each pixel group; see at least paragraph 0062). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lens as taught by Yu et al. in order to improve viewing experience of a user.
Regarding claim 25, Bohn (figures 2A-2B) teaches wherein the control circuitry is configured to adjust a binocular disparity of the content presented by the display or a virtual image distance of the content presented by the display (see at least abstract).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN NGUYEN whose telephone number is (571)270-1428. The examiner can normally be reached on Monday - Thursday, 8:00 AM -6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth, can be reached at 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAUREN NGUYEN/Primary Examiner, Art Unit 2871
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