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
The prior art documents submitted by applicant in the Information Disclosure Statements filed on July 29, 2026 have all been considered and made of record (note the attached copies of form PTO-1449).
Inventorship
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.
Response to Arguments
Applicant’s arguments with respect to claim 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 3-4 and 6 uses the term “intermediate grating” which, in light of the amendment lacks antecedent basis. For the purposes of examination, it will be interpreted as the “multidimensional intermediate grating” of claim 1.
Appropriate action is required.
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.
Claims 1-2, 5,7, 9-10, 13-14, 16-17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TeKolste et al. (US20170322419A1), hereafter TeKolste.
Regarding claim 1 and 9, TeKolste discloses the device and method comprising, comprising: a waveguide (FIG. 6, FIG. 7 waveguide 382 and top view of waveguide FIG 9A. waveguide 905) to direct red, green, and blue (RGB) display light (Par. [0181]: light having multiple component colors (e.g., red, green, blue) can be coupled into the waveguide) from a light engine (Image injection devices 200: function as a source of light) to an eye of a user (FIGs. 6 and 7), the waveguide comprising: an optical substrate (Par.[0166]: transparent substrate Par.[0227]: High index substrate); a multidimensional incoupler grating (incoupling element 907. Par. [0184]: 907 includes one or more grating…. a first grating that interacts with red light, a second grating that interact with green light and a third grating that interacts with blue lights. The specification defines the intermediate multidimensional grating comprising two or more sets of substantially parallel structures formed in a portion of the optical substrate) to receive the RGB display light from the light engine and to direct the RGB display light into the waveguide (Par. [0180]: incouple light incident of one or more second wavelengths such that they propagate through the waveguide 905) via multiple wavelength-differentiated paths (Par. [0180]: optical element 907 can include a grating that interacts with all three wavelengths or a first grating that interacts with red light, a second grating that interact with green light and a third grating that interacts with blue light); an outcoupler grating (outcoupling elements 909a and 909b) to direct at least some of the RGB display light from the waveguide to the eye of the user (Par. [0192]: The first and the second outcoupling elements 909a and 909b are configured to redirect the incoupled light that is incident on the first and the second outcoupling elements 909a and 909b toward the viewer. Par. [0193]: 909a and 909b can include one or more gratings); and multiple multidimensional intermediate gratings (first and second light distributing element 911a and 911b. Par. [0189] of TeKolste discloses 911a and 911b can included one or more gratings. A first grating is first set of substantially parallel structures and a second grating is a second set of substantially parallel structures. Both within each element 911a and 911b. The specification defines the intermediate multidimensional grating comprising two or more sets of substantially parallel structures formed in a portion of the optical substrate) to direct a respective portion of the RGB display light from the incoupler grating to the outcoupler grating (FIG. 9A), each respective portion comprising a distinct wavelength range of the RGB display light (Par. [0189]).
Regarding claims 2 and 10, TeKolste discloses the device and method of claim 1 and 9 . TeKolste further discloses to direct the RGB display light into the waveguide includes to direct a first portion (rays 903i1 and 903i2) of the RGB display light from the light engine to a first multidimensional intermediate grating (light distributing element 911a) of the multiple multidimensional intermediate gratings (Par. [0189]) and to direct a second portion (ray 903i3) of the RGB display light to a second multidimensional intermediate grating (light distributing element 911b) of the multiple multidimensional intermediate gratings (light distributing element 911a and 911b. Par. [0189]).
Regarding claims 5 and 13, TeKolste discloses the device and method of claim 1 and 9. TeKolste further discloses where in each of the intermediate gratings (light distributing element 911a and 911b) comprises two or more sets of substantially parallel structures formed in a portion of the optical substrate (Par. [0189]: 911a and 911b can included one or more gratings. A first grating is first set of substantially parallel structures and a second grating is a second set of substantially parallel structures. Both within each element 911a and 911b).
Regarding claim 7 and 14, TeKolste discloses the device and method of claims 1 and 9. TeKolste further discloses the outcoupler grating is a multidimensional grating (outcoupling optical element 909a and 909b. Par. [0193]: 909a and 909b can include one or more gratings. The specification defines the intermediate multidimensional grating comprising two or more sets of substantially parallel structures formed in a portion of the optical substrate).
Regarding claim 16, TeKolste discloses a non-transitory computer-readable medium ( controller 210) embodying a set of executable instructions (Par. [0165]: Timing and provision of image information) , the set of executable instructions to manipulate one or more processors (processing modules 70 or 72. FIG. 2) of a device to cause a light engine to output red, green, and blue (RGB) display light (Par. [0181]: light having multiple component colors (e.g., red, green, blue) can be coupled into the waveguide) into a waveguide ((FIG. 6, FIG. 7 waveguide 382 and top view of waveguide FIG 9A. waveguide 905) of the device (Par. [0165]), the waveguide comprising: an optical substrate(Par.[0166]: transparent substrate Par.[0227]: High index substrate); a multidimensional incoupler grating (incoupling element 907. Par. [0184]: 907 includes one or more grating…. a first grating that interacts with red light, a second grating that interact with green light and a third grating that interacts with blue lights. The specification defines the intermediate multidimensional grating comprising two or more sets of substantially parallel structures formed in a portion of the optical substrate) to receive the RGB display light from the light engine and to direct the RGB display light into the waveguide (Par. [0180]: incouple light incident of one or more second wavelengths such that they propagate through the waveguide 905) via multiple wavelength-differentiated paths (Par. [0180]: optical element 907 can include a grating that interacts with all three wavelengths or a first grating that interacts with red light, a second grating that interact with green light and a third grating that interacts with blue light); an outcoupler grating (outcoupling elements 909a and 909b) to direct at least some of the RGB display light from the waveguide to the eye of the user (Par. [0192]: The first and the second outcoupling elements 909a and 909b are configured to redirect the incoupled light that is incident on the first and the second outcoupling elements 909a and 909b toward the viewer. Par. [0193]: 909a and 909b can include one or more gratings); and multiple multidimensional intermediate gratings (first and second light distributing element 911a and 911b. Par. [0189] of TeKolste discloses 911a and 911b can included one or more gratings. A first grating is first set of substantially parallel structures and a second grating is a second set of substantially parallel structures. Both within each element 911a and 911b. The specification defines the intermediate multidimensional grating comprising two or more sets of substantially parallel structures formed in a portion of the optical substrate) to direct a respective portion of the RGB display light from the incoupler grating to the outcoupler grating (FIG. 9A), each respective portion comprising a distinct wavelength range of the RGB display light (Par. [0189]).
Regarding claim 17, TeKolste discloses the device of claim 16. TeKolste further disclose to direct the RGB display light into the waveguide includes to direct a first portion (rays 903i1 and 903i2) of the RGB display light from the light engine to a first multidimensional intermediate grating (light distributing element 911a) of the multiple multidimensional intermediate gratings(Par. [0189]) and to direct a second portion (ray 903i3) of the RGB display light to a second multidimensional intermediate grating (light distributing element 911b) of the multiple multidimensional intermediate gratings (light distributing element 911a and 911b. Par. [0189]).
Regarding claim 19, TeKolste discloses the device of claim 16. TeKolste further discloses where in each of the intermediate gratings (light distributing element 911a and 911b) comprises two or more sets of substantially parallel structures formed in a portion of the optical substrate (Par. [0189]:911a and 911b can included one or more gratings. A first grating is first set of substantially parallel structures and a second grating is a second set of substantially parallel structures. Both within each element 911a and 911b).
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.
Claims 3-4, 11-12,and 18 are rejected under 35 U.S.C. 103 as being unpatentable over TeKolste et al. (US20170322419A1), hereafter TeKolste, as applied to claims 1, 9 and 16 above, and further in view of Schultz et al. (WO2017120341A1), hereafter Schultz.
Regarding claim 3 and 11, TeKolste discloses the device and method of claim 1 and 9 . TeKolste further discloses the incoupler grating (incoupling optical element 907) and the multidimensional intermediate gratings (light distributing elements 911a and 911b) are to direct color components (Ray 903i3) of the RGB display light along a first path to the outcoupler grating (FIG. 9A) and to direct color components (Rays 903i1 and 903i2) of the RGB display light along a second path to the outcoupler grating (FIG. 9A). TeKolste fails to disclose the color along the first path is red and the colors along the second path are green and blue. TeKolste implicitly implies that the rays could be directed into their respective paths in any configurations as Rays 903i1-903i3 and are not assigned specific colors.
Schultz teaches wherein the incoupler grating (110R and 110BG) and the one or more intermediate gratings (TG) are to direct red components of the RGB display light along a first path to(Bk) the outcoupler grating and to direct green and blue components of the RGB display light along a second path(F) to the outcoupler grating(120R and 120BG. Fig 3B. Para.51).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to modify the device of TeKolste with the assigning specific colors to optical path as taught by Schultz to improve optical efficiency and color routing in a display device.
Regarding claim 4 and 12, TeKolste discloses the device and method of claim 1 and 9 . TeKolste further discloses wherein the multidimensional intermediate gratings include a first multidimensional intermediate grating (light distributin element 911b) to direct a color components of the RGB display light along the first path (Ray 903i3) and a second multidimensional intermediate grating (light distributin element 911a) to direct the color components of the RGB display light along the second path (Ray 903I1 and 903i2).
Schultz teaches intermediate gratings include a first intermediate grating (TG) to direct the red components of the RGB display light along the first path and a second intermediate grating to direct the green and blue components of the RGB display light along the second path (two intermediate gratings TG in Fig.3B. Para51)
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to modify the device of TeKolste with the assigning specific colors to optical path as taught by Schultz to improve optical efficiency and color routing in a display device.
Regarding claim 18, TeKolste discloses the device of claim 16. TeKolste further discloses the incoupler grating (incoupling optical element 907) and the multidimensional intermediate gratings (light distributing elements 911a and 911b) are to direct color components (Ray 903i3) of the RGB display light along a first path to the outcoupler grating (FIG. 9A) and to direct color components (Rays 903i1 and 903i2) of the RGB display light along a second path to the outcoupler grating (FIG. 9A). TeKolste fails to disclose the color along the first path is red and the colors along the second path are green and blue. TeKolste implicitly implies that the rays could be directed into their respective paths in any configurations as Rays 903i1-903i3 and are not assigned specific colors.
Schultz teaches wherein the incoupler grating (110R and 110BG) and the one or more intermediate gratings (TG) are to direct red components of the RGB display light along a first path to(Bk) the outcoupler grating and to direct green and blue components of the RGB display light along a second path(F) to the outcoupler grating(120R and 120BG. Fig 3B. Para.51).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to modify the device of TeKolste with the assigning specific colors to optical path as taught by Schultz to improve optical efficiency and color routing in a display device.
Claims 6, 8, 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over TeKolste et al. (US20170322419A1), hereafter TeKolste.
Regarding claim 6, TeKolste discloses the device comprising a waveguide of claim 1. TeKolste further discloses, an optical substrate. TeKolste fails to disclose the optical substrate (Par.[0166]) comprises one or more optical coatings, and wherein at least one of the one or more intermediate gratings is at least partially formed in at least one optical coating of the one or more optical coatings.
Since TeKolste discloses intermediate grating but does not limit their fabrication location, and because it well known to form diffractive gratings in optical coatings applied to waveguide structures, before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art, to modify the intermediate grating of TeKolste o to be at least partially formed in an optical coating.
Regarding claim 8 and 15, TeKolste discloses the device and method of claim 1 and 9 . TeKolste further discloses the multidimensional incoupler grating (incoupling optical element 907) is formed in an optical substrate (FIG. 9A) having a refractive index greater than 1.5 (Par. [0226]). TeKolste fails to disclose a refractive index of 1.6 or less.
MPEP 2144.05 I states “in the case where the claimed ranges” overlap or lie inside ranges disclosed by prior art a prima facie case of obviousness exists. Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to modify the device of TeKolste with the claimed refractive index since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 20, TeKolste discloses the device of claim 16 . TeKolste further discloses the optical substrate having a refractive index greater than 1.5 (Par. [0226]). TeKolste fails to disclose a refractive index of 1.6 or less.
MPEP 2144.05 I states “in the case where the claimed ranges” overlap or lie inside ranges disclosed by prior art a prima facie case of obviousness exists. Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to modify the device of TeKolste with the claimed refractive index since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
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 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 TAJANAE N GREEN whose telephone number is (571)272-2188. The examiner can normally be reached Tues-Fri. 5:30a-3:30p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at (571) 272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAJANAE NICOLE GREEN/Examiner, Art Unit 2874
/UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874
