DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to the amendment filed 5/21/2026.
Notice of Pre-AIA or AIA Status
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 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.
Claim Objections
Claim 3 is objected to because of the following informalities:
Claim 3, line 3: please amend “arrival of the the stray” to “arrival of the [[the]] stray”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 1-6, 8, 10-15, 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nowatzyk et al. (US20160247319, of record, see IDS dated 3/22/2024) in view of Zhu et al. (US20160125642, of record, see IDS dated 3/22/2024) and Macnamara (US20130128230).
Regarding claim 1, Nowatzyk teaches a device (figs.1-11, abstract, occluding light from a real-world background to enhance the display of virtual objects on a near-eye display) comprising (figs.1-11):
an active occlusion subsystem (selective background occluder 400; paragraph [0025], fig.2, selective background occluder 210 have any suitable configuration. FIG. 4 shows selective background occluder 400) comprising a liquid crystal panel (see annotated image, Nowatzyk, fig.4, liquid crystal panel 408+412; paragraph [0025] LC panels 408, 412) with one or more portions configured to operate in one of a passing mode to pass light (paragraph [0026], cos2(a+c)=1,--- as a passing mode---; light ray 402; such that cos2(a+c)=1, such that upper horizontal light ray 402 is transmitted) or a blocking mode to block light (paragraph [0027] cos2(b+c)=0 --- as a blocking mode mode; continuing with FIG. 4, the bottom ray 420 of the occluded target area 422).
Nowatzyk does not explicitly teach wherein one or more processors configured to:
determine a direction of arrival of stray light rays from a light source towards the active occlusion subsystem; and
configure, based on the direction of arrival of stray light rays each of the portions of the liquid crystal panel to be in one of the passing mode or the blocking mode.
However, Zhu teaches the analogous occlusion system (Zhu, abstract, Methods and apparatus are provided for displaying shadows of circular light sources), and further teaches wherein one or more processors (paragraph [0065], FIG. 1 is a flow chart illustrating method 100 for generating a display including a shadow; computer-readable instructions executed by one or more processors of the computing device, such as computing device 1200 discussed below in the context of FIG. 12A.) configured to:
determine a direction of arrival of stray light rays (Zhu, paragraph [0060] determined where the rays along the interpolated normal(s) intersect the expansion circle) from a light source (Zhu, fig.2A, light source 210) towards the active occlusion subsystem (Zhu, fig. 2A, the receiver surface 224, paragraph [0069], FIGS. 2A-2E; light source radius emitting light toward receiver surface 224; Each vertex OV1-OV5 of occluding polygon OP 220 can have a height measured with respect to receiver surface 224).
Thus, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nowatzyk to have the specific processors to determine a direction of light rays from a light source as taught by Zhu for the purpose to improve the user's perceived view of the virtual image, it may be desirable to at least partially occlude the portion of the background onto which the virtual image is projected, thereby presenting the user with a sharper and clearer virtual image (Zhu, paragraph [0003]).
Furthermore, Macnamara the analogous occlusion system (abstract, an occlusion mask device coupled to the projection device and configured to selectively block light traveling toward the eye from one or more positions opposite of the projection device from the eye of the viewer in an occluding pattern correlated with the image projected by the projection device), and further teaches wherein one or more processors (paragraph [0003] “The controller may comprise a microprocessor”) configured to: configure, based on the direction of arrival of stray light rays (block light) each of the portions of the liquid crystal panel (The substantially planar transparent digital display may comprise a liquid crystal display. “)to be in one of the passing mode or the blocking mode (The occlusion mask device my comprise a display configured to either occlude or pass light at each of a plurality of portions of the display, depending upon a pertinent command to occlude or pass light at each portion. The occlusion mask device may comprise one or more liquid crystal display).
Thus, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nowatzyk to have the processor with the specific function as taught by Macnamara for the purpose of having a 3D display to produce a true sensation of depth, and more specifically, a simulated sensation of surface depth (Macnamara, paragraph [0002]).
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Regarding claim 2, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 1 and further teaches wherein further comprising (figs.1-11):
a waveguide (paragraph [0019] waveguide) comprising:
a coupling-out configuration. (paragraph [0024], coupling-out).
Nowatzyk does not explicitly teach wherein a waveguide comprising two major external surfaces configured to guide, via internal reflection, a virtual image that is coupled into the waveguide from an image projector.
However, Macnamara teaches the waveguide (figs.1-13, paragraph [ 0026], FIGS. 12A-12B, a waveguide ) comprising: two major external surfaces (paragraph [0026] the zone plate layer has been referred to as two major external surfaces) configured to guide, via internal reflection (paragraph [0023], the virtual image is passed out of the waveguide and into the eye of the user, and the other two modes, N=0 and N=+1, are trapped inside of the waveguide by reflection), a virtual image (paragraph [0023], the virtual image is passed out of the waveguide and into the eye of the user, and the other two modes, N=0 and N=+1, are trapped inside of the waveguide by reflection) that is coupled into the waveguide from an image projector (paragraph [0026], an imaging module comprises high-resolution mini projector).
Thus, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of Nowatzyk to have a waveguide with the specific function as taught by Macnamara for the purpose of having a 3D display to produce a true sensation of depth, and more specifically, a simulated sensation of surface depth (Macnamara, paragraph [0002]).
Regarding claim 3, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 2 and Nowatzyk in view of Zhu-Macnamara further teaches wherein the determination of the direction arrival of the stray light rays from the light source (described in claim 1), comprises controlling one or more sensors (paragraph [0022], one or more inward-facing cameras) to detect a gaze direction of an eye (Nowatzyk, paragraph [0022], a gaze-tracking subsystem 222 to track a gaze position of the user's eye; the gaze-tracking subsystem may include one or more inward-facing cameras); and
wherein the configuration of each of the portions of the liquid crystal panel is based further on the gaze direction (Nowatzyk, paragraph [0040] “a birefringence pattern may account for the gaze position of the user's eye as obtained by a gaze-tracking subsystem as disclosed herein so that the occlusion area may appear stereoscopically correct”). The motivation to combine Nowatzyk, Zhu and Macnamara as provided in claim 1 is incorporated herein.
Regarding claim 4, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 3 and Nowatzyk further teaches wherein the one or more processors are further configured to:
determine a virtual image that is coupled-out by the coupling-out (Nowatzyk, paragraph [0019], Images from such image sources be delivered to the see-through display 202 via any suitable mechanism, including to waveguide-based optical arrangements--- means a corresponding virtual image that is coupled-out by the coupling-out) configuration in the gaze direction (Nowatzyk, paragraph [0022], a gaze-tracking subsystem 222 to track a gaze position of the user's eye).
determine a near-field pattern (Nowatzyk, paragraph [0013], birefringence patterns produced on two liquid crystal panels of an example selective occluder to form the occlusion shapes) corresponding to the virtual image (paragraph [0017], near-eye displays may form images on a see-through display via projection); and
configure, based on the direction of arrival of the stray light rays (described in claim 1) and the near-field pattern at least one of the portions of the liquid crystal panel (described in claim1) to be in the blocking mode to block light (described in claim 1, means to switch from the voltage off/on) such that light coming from a far-field background in the direction of arrival of the stray light rays, is occluded and the virtual image is projected to at least partially overlap the at least one of the portions of the liquid crystal panel (paragraph [0002], in a location visually overlapping with the occlusion area). The motivation to combine Nowatzyk, Zhu and Macnamara as provided in claim 1 is incorporated herein.
Regarding claim 5, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 4 and Nowatzyk further teaches wherein the one or more processors are further configured to , prior to configuring the at least one of the portions, optimize the near-field pattern by performing one or more of reshaping and resizing the near-field pattern (paragraph [0057], The instructions may also additionally or alternatively be executable to operate the first liquid crystal panel and the second liquid crystal panel by applying a first birefringence pattern to the first liquid crystal panel and a second birefringence pattern to the second liquid crystal panel based upon the shape and the position of the occlusion area--- means to optimize the near-field pattern by performing one or more of reshaping and resizing the near-field pattern).
Regarding claim 6, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 4 and Nowatzyk further teaches wherein the one or more processors are further configured to, prior to configuring the at least one of the portions, optimize the near-field pattern by applying a holed pattern (paragraph [0012], FIG. 8 shows an angular range of rays that traverse a pair of pixels in two liquid crystal panels of selective occluder; paragraph [0032] from two holes) to the near-field pattern.
Regarding claim 8, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 1 and Nowatzyk in view of Zhu-Macnamara further teaches wherein further comprising:
wherein the stray light rays are received through the one or more lenses (Macnamara, paragraph [0021] “refraction through a lens) toward the active occlusion subsystem (this claim recites similar limitations as those in corresponding claim 1 and is rejected based on the same teachings and rationale).
Regarding claim 10, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 2, and Macnamara further teaches wherein the stray light rays are coupled into the waveguide and coupled out of the waveguide by the coupling-out configuration (paragraph [0003] “The zone plate diffraction patterning device may be integrated into a waveguide, such that the projection device comprises a high-speed mini-projector coupled to the waveguide and configured pass the image through the diffraction pattern before the image exits the waveguide en route to the eye of the viewer”). The motivation to combine Nowatzyk, Zhu and Macnamara as provided in claim 1 is incorporated herein.
Regarding claim 11, combination Nowatzyk-Zhu-Macnamara teaches a method of controlling one or more portions of a liquid crystal panel of an active occlusion subsystem, each of the portions of the liquid crystal panel being configured to operate in one of a passing mode to pass light or a blocking mode to block light, the method comprising:
determining a direction of arrival of stray light rays from a light source towards the active occlusion subsystem; and
configuring, based on the direction of arrival of stray light rays of the portions of the liquid crystal panel to be in one of the passing mode or the blocking mode (this claim recites similar limitations as corresponding independent claim 1 and is rejected using the same teachings and rationale).
Regarding claim 12, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 11 and Nowatzyk further teaches wherein the active occlusion subsystem is disposed within a device including:
a waveguide having two major external surfaces configured to guide, via internal reflection, a virtual image that is coupled into the waveguide from an image projector; and
a coupling-out configuration,
wherein determining the direction of arrival of the stray light rays from the light source comprises controlling one or more sensors to detect a gaze direction of an eye; and
wherein the configuring of each of the portions of the liquid crystal panel is based further on the gaze direction (this claim recites similar limitations as those in corresponding dependent claim 3 and is rejected based on the same teachings and rationale).
Regarding claim 13, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 12 and Nowatzyk further teaches wherein further comprising:
determining a virtual image that is coupled-out by the coupling-out configuration in the gaze direction;
determining a near-field pattern corresponding to the virtual image; and
configuring, based on the direction of arrival of the stray light rays
Regarding claim 14, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 13 and Nowatzyk further teaches wherein further comprising:
prior to configuring the at least one of the portions,
optimizing the near-field pattern by performing one or more of reshaping and resizing the near-field pattern (this claim recites similar limitations as those in corresponding dependent claim 5 and is rejected based on the same teachings and rationale).
Regarding claim 15, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 13 and Nowatzyk further teaches wherein further comprising:
prior to configuring the at least one of the portions, optimizing the near-field pattern by applying a holed pattern to the near-field pattern (this claim recites similar limitations as those in corresponding dependent claim 6 and is rejected based on the same teachings and rationale).
Regarding claim 17, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 11 and Nowatzyk further teaches wherein the active occlusion subsystem is disposed within a device having one or more lenses, and
wherein the stray light rays are received through the one or more lenses toward the active occlusion subsystem (this claim recites similar limitations as those in corresponding dependent claim 8 and is rejected based on the same teachings and rationale).
Regarding claim 19, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 12 and Macnamara further teaches wherein the stray light rays are coupled into the waveguide and coupled out of the waveguide by the coupling-out configuration (this claim recites similar limitations as those in corresponding dependent claim 10 and is rejected based on the same teachings and rationale).
Regarding claim 20, combination Nowatzyk-Zhu-Macnamara teaches a non-transitory computer-readable storage device storing instructions for controlling one or more portions of a liquid crystal panel of an active occlusion subsystem, (Nowatzyk, figs.1-11, paragraph [0002], a computing device comprising a logic subsystem and a storage subsystem storing instructions executable by the logic subsystem to determine a shape and a position of an occlusion area based upon a virtual object to be displayed on the see-through display) each of the portions of the liquid crystal panel configured to operate in one of a passing mode to pass light or a blocking mode to block light, the instructions being configured to cause one or more processors to perform:
determining a direction of arrival of stray light rays from a light source towards the active occlusion subsystem; and
configuring, based on the direction of arrival of stray light rays of the portions of the liquid crystal panel to be in one of the passing mode or the blocking mode (this claim recites similar limitations as those in corresponding claim 1 and is rejected based on the same teachings and rationale).
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nowatzyk et al. (US20160247319, of record, see IDS dated 3/22/2024) in view of Zhu et al. (US20160125642, of record, see IDS dated 3/22/2024) and Macnamara (US20130128230), and further in view of Mermillod et al. (WO2018091518).
Regarding claim 9, combination Nowatzyk-Zhu-Macnamara discloses the invention as described in Claim 1, Nowatzyk does not explicitly teach wherein the stray light rays are received through a windshield or window of a vehicle toward the active occlusion subsystem.
However, Mermillod teaches wherein the stray light rays (paragraph [0018] a stray light shield located in the path of said light beam) are received through a windshield or window of a vehicle toward the active occlusion subsystem (paragraph [0020] to the actuator, it is possible to deflect the light rays that reflect off the antilight; paragraph [0023]-[0024], sensors are planned to acquire data relating to the position of the sun relative to the motor vehicle, and said actuator is controlled by a computer according to the data acquired).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nowatzyk to have the specific sensors as taught by Mermillod for the purpose of the amount of stray light reaching the screen and then likely to disrupt the reading of the virtual image by the driver is thus reduced (Mermillod, paragraph [0107]).
Regarding claim 18, combination Nowatzyk-Zhu-Macnamara-Mermillod discloses the invention as described in Claim 11 and Nowatzyk further teaches wherein the stray light rays are received through a windshield or window of a vehicle toward the active occlusion subsystem( this claim recites similar limitations as those in corresponding dependent claim 9 and is rejected based on the same teachings and rationale).
Response to Arguments
Applicant’s arguments with respect to claims have been considered, see Remarks Page. 7-10 with respect to the 35 U.S.C.& 103 rejection have been fully considered and are not persuasive.
In the remarks, applicant argues that:
None of the cited references teach or suggest configuring portions of a liquid crystal panel based on a direction of arrival of stray light rays.
In response to applicant's argument(s) of 1
See claim 1 described, Macnamara teaches wherein one or more processors (paragraph [0003] “The controller may comprise a microprocessor”) configured to: configure, based on the direction of arrival of stray light rays (“block light”) each of the portions of the liquid crystal panel (“The substantially planar transparent digital display may comprise a liquid crystal display“) to be in one of the passing mode or the blocking mode (The occlusion mask device my comprise a display configured to either occlude or pass light at each of a plurality of portions of the display, depending upon a pertinent command to occlude or pass light at each portion. The occlusion mask device may comprise one or more liquid crystal display). Thus, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nowatzyk to have the processor with the specific function as taught by Macnamara for the purpose of having a 3D display to produce a true sensation of depth, and more specifically, a simulated sensation of surface depth (Macnamara, paragraph [0002]).
Examiner's Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure Kleinberger et al. (US7190518), and Eudy et al. (US11557234) are cited to show similar apparatuses.
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 extension fee 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 KUEI-JEN LEE EDENFIELD whose telephone number is (571)272-3005. The examiner can normally be reached Mon. -Thurs 8:00 am - 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached on (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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/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
Prosecution Insights