CTFR 18/690,051 CTFR 89169 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. Information Disclosure Statement As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated 3/06/2026 and 6/02/2026 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. Specification The amendment of the Abstract has been acknowledged and reviewed. 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim (s) 1-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jamali (20210240051) in view of Waldern (20200386947) . Regarding claim 1, Jamali discloses an eyebox expander for a wearable head mounted display ([0033], a varifocal optical assembly that provides astigmatism compensation and a display device (e.g., a head-mounted display device) including the varifocal optical assembly) (WHMD) (Fig 10, Fig 11) , comprising: a first liquid crystal layer (Fig 11, [0102], first liquid crystal lens in 1100) ; an electrode arrangement to apply a first voltage to the first liquid crystal layer (Fig 10A, [0099], electrodes 1002 may include discrete ring-shaped electrodes corresponding to the Fresnel structures in the spherically lensing optical module) ; and a compensation layer to redirect ambient light ([0009], transmitting light through a varifocal optical assembly) passing through the eyebox expander (Fig 11, [0098], second crystal lens layer in 1100) but does not teach to modify an orientation of crystals in the first liquid crystal layer; based on the modification of the orientation of the crystals in the first liquid crystal layer . However, in a similar endeavor, Waldern teaches to modify an orientation of crystals in the first liquid crystal layer ([0091], liquid crystal polymer material systems at least one polarization control layer overlapping at least one of the fold gratings, input gratings or output gratings may be provided for the purposes of compensating for polarization rotation in any the gratings) ; based on the modification of the orientation of the crystals in the first liquid crystal layer ([0091], liquid crystal polymer material systems at least one polarization control layer overlapping at least one of the fold gratings, input gratings or output gratings may be provided for the purposes of compensating for polarization rotation in any the gratings) . It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the optical device of Jamali with the components of Waldern for the purpose of optimizing the compensation for polarization within the gratings of a waveguide device (Waldern, [0091]). Regarding claim 2, Jamali in view of Waldern discloses the invention as described within claim 1 and Jamali further teaches wherein the electrode arrangement comprises a patterned electrode (Fig 11 shows a patterned electrode in the top liquid crystal cell) . Regarding claim 3, Jamali in view of Waldern discloses the invention as described within claim 2 and Jamali further teaches wherein the patterned electrode is located between a first electrode (Fig 11 shows a top electrode of the top liquid crystal cell) and a second electrode (Fig 11 shows electrodes positioned on the bottom liquid crystal cell) . Regarding claim 4, Jamali in view of Waldern discloses the invention as described within claim 3 and Jamali further teaches wherein the first liquid crystal layer is located between the patterned electrode and the second electrode (Fig 11) . Regarding claim 5, Jamali in view of Waldern discloses the invention as described within claim 3 and Jamali further teaches wherein the second electrode receives light from the first liquid crystal layer and transmits light toward an eyebox associated with the WHMD based on the modification of the orientation of the crystals the first liquid crystal layer (Fig 11, [0102], depending on the illumination of the element 1100) . Regarding claim 6, Jamali in view of Waldern discloses the invention as described within claim 2 and Jamali further teaches wherein the patterned electrode comprises a plurality of electrode sections arranged to form an aperture (Fig 6A) . Regarding claim 7, Jamali in view of Waldern discloses the invention as described within claim 6 and Jamali further teaches wherein the electrode arrangement applies the first voltage as a plurality of voltages across the plurality of electrode sections of the patterned electrode (Fig 6A, Fig 11, [0098]-[0102]) . Regarding claim 8, Jamali in view of Waldern discloses the invention as described within claim 3 and Jamali further teaches wherein the electrode arrangement is configured to apply the first voltage between the second electrode and the patterned electrode (Fig 6A, Fig 11, [0098]-[0102]) . Regarding claim 9, Jamali in view of Waldern discloses the invention as described within claim 3 and Jamali further teaches wherein the compensation layer is located between the first electrode and the patterned electrode (Fig 11) . Regarding claim 10, Jamali in view of Waldern discloses the invention as described within claim 1 and Jamali further teaches wherein the compensation layer is a second liquid crystal layer (Fig 10, [0102]) . Regarding claim 11, Jamali in view of Waldern discloses the invention as described within claim 10 and Jamali further teaches wherein the electrode arrangement is configured to apply a second voltage to the second liquid crystal layer based on the first voltage applied to the first crystal layer ([0039], [0102]) . Regarding claim 12, Jamali discloses based on a target location associated with an eyebox of the WHMD ([0039], [0102]) but does not teach wherein the modification of the orientation of the crystals in the first liquid crystal layer. However, Waldern teaches wherein the modification of the orientation of the crystals in the first liquid crystal layer ([0091], liquid crystal polymer material systems at least one polarization control layer overlapping at least one of the fold gratings, input gratings or output gratings may be provided for the purposes of compensating for polarization rotation in any the gratings). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the optical device of Jamali with the components of Waldern for the purpose of optimizing the compensation for polarization within the gratings of a waveguide device (Waldern, [0091]). Regarding claim 13, Jamali in view of Waldern discloses the invention as described within claim 12 and Jamali further teaches wherein the target location associated with the eyebox is based on at least one of a variation in an interpupillary distance of a user of the WMHD ([0049], output data indicative of distances of HMD 112 from various objects) , a variation in eye relief between the WHMD and the user, or an eye movement of the user. Regarding claim 14, Jamali in view of Waldern discloses the invention as described within claim 1 and Jamali further teaches wherein ambient light ([0009], transmitting light through a varifocal optical assembly) input to the eyebox expander from outside the WHMD and light output from the eyebox expander in a direction of a user have a same angle within a margin of difference (Fig 11, [0102], multiple SPP LC lenses (e.g., multiple lens layers) may be optically coupled to form a stack of SPP LC lens, i.e., an SPP LC lens stack, such that given a same tunable optical power range) . Regarding claim 15, Jamali discloses a wearable head mounted display ([0033], a varifocal optical assembly that provides astigmatism compensation and a display device (e.g., a head-mounted display device) including the varifocal optical assembly) (WHMD) (Fig 10, Fig 11) , comprising: a first substrate (Fig 10A, [0098]) , a second substrate (Fig 10A, [0098]) , and an eyebox expander ([0098], SPP LC lens 1000) between the first substrate and the second substrate (Fig 10A) , comprising: a first liquid crystal layer (Fig 11, [0102], first liquid crystal lens in 1100) ; an electrode arrangement to apply a voltage to the first liquid crystal layer and a compensation layer to redirect ambient light ([0009], transmitting light through a varifocal optical assembly) passing through the eyebox expander but does not teach to modify an orientation of crystals in the first liquid crystal layer; based on the modification of the orientation of the crystals in the first liquid crystal layer . However, Waldern teaches to modify an orientation of crystals in the first liquid crystal layer ([0091], liquid crystal polymer material systems at least one polarization control layer overlapping at least one of the fold gratings, input gratings or output gratings may be provided for the purposes of compensating for polarization rotation in any the gratings) ; based on the modification of the orientation of the crystals in the first liquid crystal layer ([0091], liquid crystal polymer material systems at least one polarization control layer overlapping at least one of the fold gratings, input gratings or output gratings may be provided for the purposes of compensating for polarization rotation in any the gratings). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the optical device of Jamali with the components of Waldern for the purpose of optimizing the compensation for polarization within the gratings of a waveguide device (Waldern, [0091]). Regarding claim 18, Jamali discloses a method to steer light beams in an eyebox of a wearable head mounted display ([0033], a varifocal optical assembly that provides astigmatism compensation and a display device (e.g., a head-mounted display device) (WHMD) (Fig 10, Fig 11) , the method comprising: applying a first voltage ([0098]) to a first liquid crystal layer to steer light beams in an eyebox of the WHMD (Fig 10A, [0099], electrodes 1002 may include discrete ring-shaped electrodes corresponding to the Fresnel structures in the spherically lensing optical module) ; and applying a second voltage ([0098]) to a second liquid crystal layer to redirect ambient light ([0009], transmitting light through a varifocal optical assembly) passing through a lens of the WHMD but does not teach to modify an orientation of crystals in the first liquid crystal layer; based on the modification of the orientation of crystals in the first liquid crystal layer . However, Waldern teaches to modify an orientation of crystals in the first liquid crystal layer ([0091], liquid crystal polymer material systems at least one polarization control layer overlapping at least one of the fold gratings, input gratings or output gratings may be provided for the purposes of compensating for polarization rotation in any the gratings) ; based on the modification of the orientation of crystals in the first liquid crystal layer ([0091], liquid crystal polymer material systems at least one polarization control layer overlapping at least one of the fold gratings, input gratings or output gratings may be provided for the purposes of compensating for polarization rotation in any the gratings) . It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the optical device of Jamali with the components of Waldern for the purpose of optimizing the compensation for polarization within the gratings of a waveguide device (Waldern, [0091]). Regarding claim 19, Jamali in view of Waldern discloses the invention as described within claim 18 and Jamali further teaches further comprising applying the first voltage in a series of segmented voltages to the first liquid crystal layer via an electrode arrangement comprising a first electrode, a patterned electrode, and a second electrode (Fig 6A, Fig 11, [0098]-[0102]) . Regarding claim 20, Jamali in view of Waldern discloses the invention as described within claim 19 and Jamali further teaches wherein the first liquid crystal layer is located between the patterned electrode and the second electrode (Fig 6A, Fig 11, [0098]-[0102]) , and the second liquid crystal layer is located in between the first electrode and the patterned electrode (Fig 6A, Fig 11, [0098]-[0102]) , wherein the first liquid crystal layer is located closer in a direction of a user of the WHMD than the second liquid crystal layer (Fig 6A, Fig 11, [0098]-[0102]) . 07-21-aia AIA Claim (s) 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jamali (20210240051) in view of Waldern (20200386947) and in further view of Yan (20200049996) . Regarding claim 16, Jamali in view of Waldern discloses the invention as described within claim 15 but does not teach further comprising a waveguide comprising an incoupler, an exit pupil expander, and an outcoupler, the waveguide located between the first substrate and the second substrate. However, Yan teaches further comprising a waveguide comprising an incoupler, an exit pupil expander, and an outcoupler, the waveguide located between the first substrate and the second substrate (Fig 7, [0070]-[0071]) . It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the optical device of Jamali and Waldern with the components of Yan for the purpose of optimizing a dynamically adjustable device formed by optical couplers (Yan, [0017]). Regarding claim 17, Jamali in view of Waldern and in further view of Yan discloses the invention as described within claim 16 and Yan further teaches wherein the eyebox expander is integrated into or partially arranged over each of the incoupler, the exit pupil expander, and the outcoupler (Fig 7, [0070]-[0071]) . It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the optical device of Jamali and Waldern with the components of Yan for the purpose of optimizing a dynamically adjustable device formed by optical couplers (Yan, [0017]). Response to Amendment Applicant’s amendments filed 9/05/2024 have resolved the USC 112 issues. Applicant’s arguments with respect to claims 1-20 as they pertain to the prior art have been considered but are moot in view of the new ground(s) of rejection, as necessitated by amendment. Conclusion 07-40 AIA 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 Sharrief I Broome whose telephone number is (571)272-3454. The examiner can normally be reached Monday-Friday 8am-5pm, EST. 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, 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. 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. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent- center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. Sharrief I. Broome Primary Examiner Art Unit 2872 /SHARRIEF I BROOME/ Primary Examiner, Art Unit 2872 Application/Control Number: 18/690,051 Page 2 Art Unit: 2872 Application/Control Number: 18/690,051 Page 3 Art Unit: 2872 Application/Control Number: 18/690,051 Page 4 Art Unit: 2872 Application/Control Number: 18/690,051 Page 5 Art Unit: 2872 Application/Control Number: 18/690,051 Page 6 Art Unit: 2872 Application/Control Number: 18/690,051 Page 7 Art Unit: 2872 Application/Control Number: 18/690,051 Page 8 Art Unit: 2872 Application/Control Number: 18/690,051 Page 9 Art Unit: 2872 Application/Control Number: 18/690,051 Page 10 Art Unit: 2872 Application/Control Number: 18/690,051 Page 11 Art Unit: 2872 Application/Control Number: 18/690,051 Page 12 Art Unit: 2872 Application/Control Number: 18/690,051 Page 13 Art Unit: 2872
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