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 .
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 1-19, 21 and 23-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dykaar (US 2020/0170504; already of record).
Regarding claim 1, Dykaar discloses, a device (Figs. 1-10A and 11) comprising:
a frame (100, 102, 104) to mount the device to a head of a user (Para. 0002 and 0047; note, discloses a wearable heads-up display such as glasses (or eyeglasses));
a lens (116, 118) surrounded by the frame (see 104 of Figs. 1-2 and 10A);
a light source (124), coupled to the frame, to generate light (Para. 0002 and 0050, lines 3-4; note, discloses a light source and illumination of an eye with infrared light);
a waveguide (132, 172), optically coupled to the light source (Para. 0050, lines 1-2) and embedded in the lens (see 136 of annotated Fig. 10A below; note, the Examiner points out that the waveguide is embedded within the lens as it is surrounded by and contained within 106, 128, 148, 252 of annotated Fig. 10A below), to redirect the light to emit in a first direction from a plurality of leakage points (136), wherein, when the device is mounted to the head of the user, the light is emitted in the first direction towards an eye (248) of the user to illuminate the eye of the user (Para. 0002 and 0004; note, discloses illumination of an eye and delivering light to the eye).
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Regarding claim 2, Dykaar discloses, the light source is to generate infrared light (Para. 0049, lines 6-7, 0066, lines 1-24 and see 124).
Regarding claim 3, Dykaar discloses, the light source is to generate visible light (Para. 0066, lines 1-4).
Regarding claim 4, Dykaar discloses, the light source (Para. 0050, lines 3-4 and 124) is optically coupled to a first end of the waveguide (140) and a second end of the waveguide (144).
Regarding claim 8, Dykaar discloses, a display (Para. 0047, lines 15-18) surrounded by the frame (Para. 0065, lines 21-25 and see Figs. 3A and 10A).
Regarding claim 10, Dykaar discloses, the waveguide includes a plurality of grooves respectively corresponding to the plurality of leakage points (Para. 0053, lines 12-24 and see Figs. 4A and 8A).
Regarding claim 11, Dykaar discloses, the waveguide includes a plurality of bubbles respectively corresponding to the plurality of leakage points (Para. 0053, lines 12-24 and see Fig. 4B).
Regarding claim 12, Dykaar discloses, the waveguide includes a plurality of fibers (Para. 0055-0056 and see 188, 192).
Regarding claim 13, Dykaar discloses, each of the plurality of fibers terminates (188, 192) in a respective terminator (136, 200) corresponding to a respective one of the plurality of leakage points (see Figs. 6A-B and 7A-B).
Regarding claim 14, Dykaar discloses, a detector (276) to detect an intensity of light (Para. 0061), wherein the light source is optically coupled to a first end of the waveguide and the detector is optically coupled to a second end of the waveguide (Para. 0061 and see Fig. 3B).
Regarding claim 15, Dykaar discloses, a camera (276) to capture a reflection of the light emitted in the first direction (Para. 0061).
Regarding claim 16, Dykaar discloses, a method (Figs. 1-10A and 11) comprising:
at a device (100, 102, 104) including a frame (100, 102, 104), a lens (116, 118) surrounded by the frame (see 104 of Figs. 1-2 and 10A), a light source (Para. 0050, lines 3-4 and 124), and a waveguide (132, 172) embedded in the lens (see 136 of annotated Fig. 10A below; note, the Examiner points out that the waveguide is embedded within the lens as it is surrounded by and contained within 106, 128, 148, 252 of annotated Fig. 10A below);
mounting, using the frame, the device to a head of a user (Para. 0002 and 0047; note, discloses a wearable heads-up display such as glasses (or eyeglasses));
injecting light from the light source (Para. 0002 and 0050, lines 3-4; note, discloses a light source and illumination of an eye with infrared light) into the waveguide (Para. 0050); and
illuminating an eye (248) of the user via emission of the light (Para. 0002 and 0004; note, discloses illumination of an eye and delivering light to the eye) from a plurality of leakage points (136) of the waveguide.
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Regarding claim 17, Dykaar discloses, mounting the device to the head of the user (Para. 0002 and 0047; note, discloses a wearable heads-up display such as glasses (or eyeglasses)) includes resting temples (112, 114) of the frame on ears of the user.
Regarding claim 18, Dykaar discloses, mounting the device to the head of the user includes resting a bridge of the frame on a nose of the user (see annotated Figs. 1-2 below).
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Regarding claim 19, Dykaar discloses, mounting the device to the head of the user includes positioning an eyepiece of the frame in front of the eye of the user (Para. 0047, 0049 and see 102, 104, 116, 118 and 120).
Regarding claim 21, Dykaar discloses, capturing an image of the eye of the user (276) illuminated via the emission of the light from the plurality of leakage points (Para. 0061).
Regarding claim 23, Dykaar discloses, determining a gaze direction of the user based on the image of the eye of the user (Para. 0059, 0063-0064 and see 244 of annotated Fig. 7B below; note, discloses using an eye tracker to track gaze position at an eye 248 and computing gaze position).
Regarding claim 24, Dykaar discloses, the plurality of grooves are on a first side of the
waveguide to redirect the light to emit from a second side of the waveguide in the first direction (see annotated Fig. 7B below).
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Response to Arguments
Applicant's arguments filed 04/19/2026 have been fully considered but they are not persuasive. In response to applicant’s arguments that Dykaar does not disclose “a waveguide, optically coupled to the light source and embedded in the lens, to redirect the light to emit in a first direction from a plurality of leakage points”. Dykaar discloses "a frame front 104" with "an infrared illuminator 124 disposed in channel 120 and lens 106 mounted in lens mounting area 116." ( [0049].) In particular, the "infrared illuminator 124 includes a lightguide 132 and outcoupling elements." ( [0050].) Thus, the “lightguide 132” is in the “channel 120” of the “frame front 104”, not the “lens 106” which is separately mounted within the “frame front 104” in the “lens mounting area 116”.
The Examiner points out that Dykaar discloses a waveguide (132, 172), optically coupled to the light source (Para. 0050, lines 1-2) and embedded in the lens (see 136 of annotated Fig. 10A below; note, the Examiner points out that the waveguide is embedded within the lens as it is surrounded by and contained within 106, 128, 148, 252 of annotated Fig. 10A below), to redirect the light to emit in a first direction from a plurality of leakage points (136), wherein, when the device is mounted to the head of the user, the light is emitted in the first direction towards an eye (248) of the user to illuminate the eye of the user (Para. 0002 and 0004; note, discloses illumination of an eye and delivering light to the eye).
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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 DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at 571-270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 06/29/2026
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