CTNF 18/652,635 CTNF 87915 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Status of the Claims Claims 1-22 are currently pending with claims 11-22 being withdrawn from consideration. Election/Restrictions 08-25-01 AIA Applicant’s election without traverse of claims 1-10 in the reply filed on 04/14/2026 is acknowledged. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Fernandez (US 10890767 B1) in view of Dao et al. (US 12424600 B1, hereafter Dao) . Concerning claim 1, Fernandez teaches an image projection system, comprising: a first picture generation unit comprising: transmitters configured to transmit first light beams corresponding to a first image projection plane for a first eye, wherein the first image projection plane is located at a first virtual distance ( col. 11, ll. 4-27: light from an image source is projected to generate image light representative of a desired image; col. 12, ll. 5-14: The present display employs adaptive optics to project the desired image at a virtual image distance that can be customized ); first combining optics configured to combine the first light beams into a first combined light beam and couple the first combined light beam into a first combined transmission path ( col. 11, ll. 4-23: The display includes optical elements for guiding light from the image source such as beam combiners ); and a first ametropia-corrective lens having a first configuration arranged on the first combined transmission path ( col. 2, ll. 51-53: the adaptive optics includes one or more of a variable focus lens assembly and a variable focus mirror assembly ), wherein the first configuration corresponds to the first virtual distance ( col. 12, ll. 5-14: The present display employs adaptive optics to project the desired image at a virtual image distance that can be customized ), wherein the first ametropia-corrective lens is configured to receive the first combined light beam and transmit the first combined light beam further along on the first combined transmission path such that the first combined light beam renders a first image perceived at the first image projection plane ( col. 11, ll. 4-51: The adaptive optics, including the one or more variable lenses project the desired image along an optical path from the display to the eye of the user. The optical path consists of the beam combiners (It is well known in the art that a beam combiner combines a plurality of light beams in to the combined light beam.) ); and a controller configured to receive first ametropia diagnostic information corresponding to the first eye ( figs. 2-3 and 5: Refractive Aberration Measurements 230, 330 & 530 ), and adjust the first configuration of the first ametropia-corrective lens on the first combined transmission path in order to adjust the first virtual distance of the first image projection plane ( col. 12, ll. 5-14: The present display employs adaptive optics to project the desired image at a virtual image distance that can be customized; col. 10, ll. 2-13 ). It should be noted that Fernandez teaches using light sources (e.g., a plurality of transmitters) known in the art that are suitable for a binocular autorefraction headset ( col. 8, ll. 32-34 ), however, they fail to explicitly teach the transmitters being a plurality of first monochromatic transmitters. Dao, in the same field of endeavor, teaches a head-mounted display, wherein the plurality of transmitters are a plurality of monochromatic transmitters ( fig. 6: light source 642; col. 14, ll. 51-54” Each light emitter may emit monochromatic light, such as red light, blue light, green light, infra-red light, and the like ). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the features of Dao into the Fernandez invention in order to transmit individual wavelengths of light. Such a modification is merely a simple substitution of one known element for another to obtain predictable results. Concerning claim 2, Fernandez further teaches the system of claim 1, wherein the first ametropia diagnostic information corresponds to an ametropia of the first eye ( figs. 2-3 and 5: Refractive Aberration Measurements 230, 330 & 530. It is known that ametropia is a general medical term for a refractive error in the eye. ), and wherein the controller is configured to adjust the first configuration of the first ametropia-corrective lens on the first combined transmission path such that the first combined light beam is projected onto a retina of the first eye ( col. 15, ll. 21-27: the images are presented on the retina; col. 12, ll. 5-14: The system can present different images to the two eyes in which objects can be simulated at varying stereoscopic distances to correct for refractive aberration in images viewed by a given user ). Concerning claim 3, Fernandez further teaches the system of claim 1, wherein the first ametropia diagnostic information corresponds to an ametropia of the first eye ( figs. 2-3 and 5: Refractive Aberration Measurements 230, 330 & 530. It is known that ametropia is a general medical term for a refractive error in the eye. ), and wherein the controller is configured to adjust the first configuration of the first ametropia-corrective lens on the first combined transmission path to compensate for the ametropia of the first eye ( col. 12, ll. 5-14: The present display employs adaptive optics to project the desired image at a virtual image distance that can be customized; col. 10, ll. 2-13 ). Concerning claim 4, Fernandez teaches the system of claim 1, further comprising: delivery optics arranged on the first combined transmission path, wherein the delivery optics is configured to receive the first combined light beam from the first ametropia-corrective lens, and direct the first combined light beam onto the first eye such that the first image is perceived by the first eye at the first image projection plane ( col. 15, ll. 1-27: optical elements for guiding light from the near-to-eye image source, such as waveguides and optical waveguides ). Concerning claim 5, Fernandez teaches the system of claim 4, further comprising: wherein the delivery optics includes a waveguide substrate configured to receive the first combined light beam at a waveguide input and output the first combined light beam at a waveguide output that corresponds to first eye ( col. 15, ll. 1-27: optical elements for guiding light from the near-to-eye image source, such as waveguides and optical waveguides ). Concerning claim 6, Fernandez teaches the system of claim 1, further comprising: a scanner arranged on the first combined transmission path, wherein the scanner is configured to receive the first combined light beam from the first ametropia-corrective lens, and steer the first combined light beam according to a scanning pattern to render the first image onto the first eye ( col. 13, ll. 23-40: MEMS mirror ). Concerning claim 7, Fernandez teaches the system of claim 1, further comprising: a second picture generation unit comprising: transmitters configured to transmit second light beams corresponding to a second image projection plane for a second eye, wherein the second image projection plane is located at a second virtual distance ( col. 8, ll. 16-25: Left and right ocular assemblies contain a light source; col. 11, ll. 4-27: light from an image source is projected to generate image light representative of a desired image; col. 12, ll. 5-14: The present display employs adaptive optics to project the desired image at a virtual image distance that can be customized ); second combining optics configured to combine the second light beams into a second combined light beam and couple the second combined light beam into a second combined transmission path ( col. 11, ll. 4-23: The display includes optical elements for guiding light from the image source such as beam combiners ); and a second ametropia-corrective lens having a second configuration arranged on the second combined transmission path ( col. 2, ll. 51-53: the adaptive optics includes one or more of a variable focus lens assembly and a variable focus mirror assembly ), wherein the second configuration corresponds to the second virtual distance ( col. 12, ll. 5-14: The present display employs adaptive optics to project the desired image at a virtual image distance that can be customized ), wherein the second ametropia-corrective lens is configured to receive the second combined light beam and transmit the second combined second beam further along on the second combined transmission path such that the second combined light beam renders a second image perceived at the second image projection plane ( col. 11, ll. 4-51: The adaptive optics, including the one or more variable lenses project the desired image along an optical path from the display to the eye of the user. The optical path consists of the beam combiners (It is well known in the art that a beam combiner combines a plurality of light beams in to the combined light beam.) ); and a controller configured to receive second ametropia diagnostic information corresponding to the second eye ( figs. 2-3 and 5: Refractive Aberration Measurements 230, 330 & 530 ), and adjust the second configuration of the second ametropia-corrective lens on the second combined transmission path in order to adjust the second virtual distance of the second image projection plane ( col. 12, ll. 5-14: The present display employs adaptive optics to project the desired image at a virtual image distance that can be customized; col. 10, ll. 2-13 ). It should be noted that Fernandez teaches using light sources (e.g., a plurality of transmitters) known in the art that are suitable for a binocular autorefraction headset ( col. 8, ll. 32-34 ), however, they fail to explicitly teach the transmitters being a plurality of second monochromatic transmitters. Dao, in the same field of endeavor, teaches a head-mounted display, wherein the plurality of transmitters are a plurality of monochromatic transmitters ( fig. 6: light source 642; col. 14, ll. 51-54” Each light emitter may emit monochromatic light, such as red light, blue light, green light, infra-red light, and the like ). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the features of Dao into the Fernandez invention in order to transmit individual wavelengths of light. Such a modification is merely a simple substitution of one known element for another to obtain predictable results. Concerning claim 8, Fernandez further teaches the system of claim 7, wherein the first image is a first stereo image and the second image is a second stereo image that, when projected with the first stereo image, produces a stereoscopic image ( col. 12, ll. 5-14; col. 15, ll. 1-27 – stereoscopic images ). Concerning claim 9, Fernandez further teaches the system of claim 7, wherein the first ametropia diagnostic information corresponds to an ametropia of the first eye ( figs. 2-3 and 5: Refractive Aberration Measurements 230, 330 & 530 ), wherein the second ametropia diagnostic information corresponds to an ametropia of the second eye ( figs. 2-3 and 5: Refractive Aberration Measurements 230, 330 & 530 ), wherein the controller is configured to adjust the first configuration of the first ametropia-corrective lens on the first combined transmission path to compensate for the ametropia of the first eye ( fig. 4: step 408: the wavefront aberrometer analyzes the aberration map to automatically determine refractive condition data for one or both eyes of the user; col. 12, ll. 5-14: The system can present different images to the two eyes in which objects can be simulated at varying stereoscopic distances to correct for refractive aberration in images viewed by a given user ), and wherein the controller is configured to adjust the second configuration of the second ametropia-corrective lens on the second combined transmission path to compensate for the ametropia of the second eye ( fig. 4: step 408: the wavefront aberrometer analyzes the aberration map to automatically determine refractive condition data for one or both eyes of the user; col. 12, ll. 5-14: The system can present different images to the two eyes in which objects can be simulated at varying stereoscopic distances to correct for refractive aberration in images viewed by a given user ) . 07-21-aia AIA Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Fernandez (US 10890767 B1) in view of Dao et al. (US 12424600 B1, hereafter Dao) and Liu et al. (US 20170325675 A1, hereafter Liu) . Concerning claim 10, Fernandez in view of Dao teaches the system of claim 1. Not explicitly taught is the system, wherein the first configuration corresponds to a position on the first combined transmission path, and wherein the controller is configured to adjust the first configuration of the first ametropia-corrective lens by adjusting the position of the first ametropia-corrective lens along the first combined transmission path. Liu, in the same field of endeavor, teaches a self-operatable ophthalmic device wherein the first configuration corresponds to a position on the first combined transmission path ( ¶¶0038-0040: adjusting the distance between the ocular lenses 104 and the display screen 102 ), and wherein the controller is configured to adjust the first configuration of the first ametropia-corrective lens by adjusting the position of the first ametropia-corrective lens along the first combined transmission path ( ¶¶0038-0040: adjusting the distance between the ocular lenses 104 and the display screen 102, wherein the adjustment can be manual or automated ). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the features of Liu into the Fernandez in view of Dao invention in order to correct refractive error so that the image presented is clear and sharp. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M ANDERSON II whose telephone number is (571)270-1444. The examiner can normally be reached Monday - Friday 10AM-6PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN PENDLETON can be reached at 571-272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /James M Anderson II/Primary Examiner, Art Unit 2425 Application/Control Number: 18/652,635 Page 2 Art Unit: 2425 Application/Control Number: 18/652,635 Page 3 Art Unit: 2425 Application/Control Number: 18/652,635 Page 4 Art Unit: 2425 Application/Control Number: 18/652,635 Page 5 Art Unit: 2425 Application/Control Number: 18/652,635 Page 6 Art Unit: 2425 Application/Control Number: 18/652,635 Page 7 Art Unit: 2425 Application/Control Number: 18/652,635 Page 8 Art Unit: 2425 Application/Control Number: 18/652,635 Page 9 Art Unit: 2425 Application/Control Number: 18/652,635 Page 10 Art Unit: 2425 Application/Control Number: 18/652,635 Page 11 Art Unit: 2425
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