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 .
Information Disclosure Statement
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated 5/09/2024 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
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.
Claim(s) 1, 2, 11, 15, 16, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pedder (20200096770).
Regarding claim 1, Pedder discloses a lens module ([0034], lens module), comprising: a transparent lens element ([0059], lens element of lens module 72 may be formed from any desired transparent material) having a periphery ([0009], lens element with a periphery); a positioner (58) that extends around the periphery of the transparent lens element (Fig 2 shows 58 surrounding 72); and an actuator (142) that selectively shifts the positioner in a first direction ([0098], actuators may be included that selectively bend or compress the edge of the elastomeric membrane to dynamically adjust the shape of the elastomeric membrane), wherein shifting the positioner (58) in the first direction causes the transparent lens element to be biased in a second direction ([0126], biasing the semi-rigid lens element) that is orthogonal to the first direction at multiple points around the periphery of the transparent lens elements ([0126], various subsets of actuators to varying degrees may be used to modify the semi-rigid lens element to have the desired cylindrical lens axis).
Regarding claim 2, Pedder discloses wherein the positioner (58) is a ring-shaped positioner and wherein shifting the ring-shaped positioner causes the ring-shaped positioner to rotate relative to the transparent lens element ([0060], 58 may be stepper motors, piezoelectric actuators, motors, linear electromagnetic actuators, and/or other electronic components for adjusting the position of displays 14 and lens modules 72).
Regarding claim 11, Pedder discloses wherein the transparent lens element (72) has a plurality of tabs (Fig 15, [0120], lens module 72 may include a load-spreading ring 208) and wherein each one of the tabs extends into a respective slot on a respective guide structure (Fig 15, [0120], load-spreading ring 208 may extend around the periphery of semi-rigid lens element 202).
Regarding claim 15, Pedder discloses wherein shifting the positioner in the first direction causes the transparent lens element to be displaced in the second direction by a first distance at a first point of the multiple points ([0122], Each of the six actuators may be configured to push down or pull up on the semi-rigid lens element (i.e., to bias the semi-rigid lens element along the Z-axis in the positive Z-direction or the negative Z-direction)) and wherein shifting the positioner in the first direction causes the transparent lens element to be displaced in the second direction by a second distance that is different than the first distance at a second point of the multiple points ([0122], Each of the six actuators may be configured to push down or pull up on the semi-rigid lens element (i.e., to bias the semi-rigid lens element along the Z-axis in the positive Z-direction or the negative Z-direction)).
Regarding claim 16, Pedder discloses wherein the positioner is a flexible band structure that extends around the transparent lens element ([0009], a flexible lens element with a periphery and a plurality of actuators around the periphery of the flexible lens element), wherein the transparent lens element has a non-circular footprint ([0067], independently controlling the lens power of each lens module to account for the vision of the user), wherein the positioner is attached to guide structures, and wherein the positioner and guide structures move together around the transparent lens element when the positioner is shifted by the actuator ([0102], piezoelectric actuators may control the curvature of the elastomeric membrane and may optionally change the optical center of the elastomeric membrane (e.g., pressing only one half of the membrane may shift the optical center of the membrane).
Regarding claim 20, Pedder discloses a lens module ([0034], lens module) comprising: a first transparent ([0059], lens element of lens module 72 may be formed from any desired transparent material) lens element (102); a second transparent lens element (104); a fluid-filled chamber between the first and second transparent lens elements ([0068], fluid-filled adjustable gap 112); a ring-shaped structure ([0099], actuators may form a ring around the elastomeric membrane); and an actuator (142) configured to shift the ring-shaped structure around a periphery of the first transparent lens element and cause multiple discrete point forces to be applied to the first transparent lens element ([0096], actuators 142 may be attached to the elastomeric membrane to stretch the elastomeric membrane).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3-10, 12-14, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Pedder (20200096770) in view Jacoby (WO 2019186183).
Regarding claim 3, Pedder discloses the invention as described within claim 1 but does not teach wherein the positioner is attached to a plurality of guide structures and wherein each guide structure has a slot. However, within a similar endeavor, Jacoby teaches wherein the positioner is attached to a plurality of guide structures and wherein each guide structure has a slot (Fig 4A, Fig 4B, [0113], slot in the form of an escalator 108 is formed in the side-wall 22, the slot being shaped and configured to receive an actuate active control tab). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the lens system of Pedder with the components of Jacoby for the purpose of optimizing the control boundary within a lens system to enhance the optics of the system (Jacoby, [0009]).
Regarding claim 4, Pedder in view of Jacoby discloses the invention as described within claim 3 and Jacoby further teaches wherein the lens module further comprises a lens shaping element that is attached to the transparent lens element ([0009], optical performance is achieved by shaping the boundary to the ideal projection onto the sphere). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the lens system of Pedder with the components of Jacoby for the purpose of optimizing the control boundary within a lens system to enhance the optics of the system (Jacoby, [0009]).
Regarding claim 5, Pedder in view of Jacoby discloses the invention as described within claim 4 and Jacoby further teaches wherein the lens shaping element is a ring-shaped lens shaping element that extends around the periphery of the transparent lens element (Fig 4A, Fig 4B, [0112], supporting ring 14 is formed with a plurality of peripherally spaced, outwardly protruding integral tabs for enabling the position of the ring 14 along the z- direction). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the lens system of Pedder with the components of Jacoby for the purpose of optimizing the control boundary within a lens system to enhance the optics of the system (Jacoby, [0009]).
Regarding claim 6, Pedder in view of Jacoby discloses the invention as described within claim 5 and Jacoby further teaches wherein the lens shaping element has a plurality of tabs (Fig 4A, Fig 4B, [0112], five static control tabs s1 to s5) and wherein each one of the tabs extends into a respective slot on a respective guide structure (Fig 4A, Fig 4B, [0112], control tabs s1 to s5, which are constrained in the z-direction at a fixed distance from the front surface 183 of the hard lens 18). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the lens system of Pedder with the components of Jacoby for the purpose of optimizing the control boundary within a lens system to enhance the optics of the system (Jacoby, [0009]).
Regarding claim 7, Pedder in view of Jacoby discloses the invention as described within claim 6 and Jacoby further teaches wherein the lens module further comprises: a lens housing having a plurality of grooves (Fig 4B, [0112], shape of the membrane 15 is actively controlled by displacing three active control tabs a1, a2, a3), wherein the plurality of guide structures is interposed between the lens housing and the positioner and wherein each one of the tabs extends into a respective groove on the lens housing (Fig 4B, [0114], side-wall 1012, each of which is shaped and configured to receive and actuate a respective one of the active control tabs a2, a3, a4). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the lens system of Pedder with the components of Jacoby for the purpose of optimizing the control boundary within a lens system to enhance the optics of the system (Jacoby, [0009]).
Regarding claim 8, Pedder in view of Jacoby discloses the invention as described within claim 7 and Jacoby further teaches wherein each groove extends in the second direction (Fig 4A, [0114], a2, a3, a4 that are spaced along the temple-side of the supporting ring 14 along the z-axis). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the lens system of Pedder with the components of Jacoby for the purpose of optimizing the control boundary within a lens system to enhance the optics of the system (Jacoby, [0009]).
Regarding claim 9, Pedder in view of Jacoby discloses the invention as described within claim 8 and Jacoby further teaches wherein a first slot extends in a third direction at a first non-zero, non-orthogonal angle relative to the second direction (Fig 5B shows a1 within a slot that is within a non-zero, non-orthogonal angled slant within arm 21). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the lens system of Pedder with the components of Jacoby for the purpose of optimizing the control boundary within a lens system to enhance the optics of the system (Jacoby, [0009]).
Regarding claim 10, Pedder in view of Jacoby discloses the invention as described within claim 9 and Jacoby further teaches wherein a second slot extends in a fourth direction at a second non-zero, non-orthogonal angle relative to the second direction and wherein the first and second non-zero, non-orthogonal angles are different (Fig 6B shows a2, a3, and a4 all within a slanted slot within 100b). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the lens system of Pedder with the components of Jacoby for the purpose of optimizing the control boundary within a lens system to enhance the optics of the system (Jacoby, [0009]).
Regarding claim 12, Pedder discloses the invention as described within claim 11 but does not teach wherein the lens module further comprises: a lens housing having a plurality of grooves, wherein the plurality of guide structures is interposed between the lens housing and the positioner and wherein each one of the tabs extends into a respective groove on the lens housing. However, Jacoby teaches wherein the lens module further comprises: a lens housing having a plurality of grooves (Fig 4B, [0112], shape of the membrane 15 is actively controlled by displacing three active control tabs a1, a2, a3), wherein the plurality of guide structures is interposed between the lens housing and the positioner and wherein each one of the tabs extends into a respective groove on the lens housing (Fig 4B, [0114], side-wall 1012, each of which is shaped and configured to receive and actuate a respective one of the active control tabs a2, a3, a4). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the lens system of Pedder with the components of Jacoby for the purpose of optimizing the control boundary within a lens system to enhance the optics of the system (Jacoby, [0009]).
Regarding claim 13, Pedder in view of Jacoby discloses the invention as described within claim 12 and Jacoby further teaches wherein each groove extends in the second direction (Fig 4A, [0114], a2, a3, a4 that are spaced along the temple-side of the supporting ring 14 along the z-axis), wherein a first slot extends in a third direction at a first non-zero, non-orthogonal angle relative to the second direction, wherein a second slot extends in a fourth direction at a second non-zero, non-orthogonal angle relative to the second direction, and wherein the first and second non-zero, non-orthogonal angles are different (Fig 4B, [0112], shape of the membrane 15 is actively controlled by displacing three active control tabs a1, a2, a3). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the lens system of Pedder with the components of Jacoby for the purpose of optimizing the control boundary within a lens system to enhance the optics of the system (Jacoby, [0009]).
Regarding claim 14, Pedder in view of Jacoby discloses the invention as described within claim 13 and Pedder further teaches wherein the transparent lens element (72) is a first transparent lens element (102) and wherein the lens module further comprises: a second transparent lens element (104); and a fluid-filled chamber between the first and second transparent lens elements ([0068], separated by a fluid-filled adjustable gap 112).
Regarding claim 21, Pedder discloses the invention as described within claim 20 but does not teach wherein the lens module further comprises: guide structures with angled slots that are attached to the ring-shaped structure. However, Jacoby teaches wherein the lens module further comprises: guide structures with angled slots that are attached to the ring-shaped structure (Fig 20, [0132], angled surfaces of the belt 301 that define the saw-tooth-shaped recesses 30la and saw-tooth-shaped holes 254, 364, 374, 384 cammingly engage with the active control tabs 14a). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the lens system of Pedder with the components of Jacoby for the purpose of optimizing the control boundary within a lens system to enhance the optics of the system (Jacoby, [0009]).
Allowable Subject Matter
Claims 17-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Specifically, with respect to independent claim 17, the prior art of Pedder taken either singly or in combination with any other prior art fails to suggest such a lens module including the specific arrangement: “a transparent lens element having a center; a ring-shaped structure that is coupled to the transparent lens element and that extends around the center of the transparent lens element, wherein the ring-shaped structure has pins that extend away from the center of the transparent lens element; a housing structure that extends around the transparent lens element, wherein the housing structure has grooves, wherein each groove receives a respective pin of the ring-shaped structure, and wherein each groove extends in a first direction; and a ring-shaped positioner that extends around the housing structure, wherein the ring-shaped positioner is configured to rotate around the transparent lens element and cause the pins to slide in the first direction within the grooves”. Claims 18 and 19 are allowable due to pendency on independent claim 17.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Smyth (20190302479), Khan (20180039052), and Wang (20080144185) are examples of a lens system within a head mounted display.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sharrief I Broome whose telephone number is (571)272-3454. The examiner can normally be reached Monday-Friday 8am-5pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Sharrief I. Broome
Primary Examiner
Art Unit 2872
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872