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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Preliminary Amendment
The amendments to Claims 1-4,6-7,9,11-13,15-18, in the submission filed 4/2/2024are acknowledged and accepted.
New Claims 19-20 are acknowledged and accepted.
The amendments to the Abstract and Specification are acknowledged and accepted.
Pending Claims are 1-20.
Drawings
The drawings with 85 Sheets of Figs. 1a-62 received on 4/2/2024 are acknowledged and accepted.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6,10,13,14, as best understood, rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 6,10,13,14, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). From the specification, it appears that the phrase which comes after preferably is part of the claim language and for the purposes of examination, the phrase is taken to be part of the claimed invention.
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) 1,2,4,5,7,12,16-20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alexeev et al (WO 2020/188234 A1, of record).
Regarding Claim 1, Alexeev teaches (fig 1-2,4-6, 12b) a diffraction grating (diffractive optical structures of output element 2, page 7) for use as an output element of a diffractive waveguide combiner (waveguide 6, page 7) for an augmented reality or virtual reality display (augmented reality display, page 1), comprising:
a first periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of top squares part of each optical structure in fig 12b is taken to be first array of optical structures) arranged on a plane; and
a second periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of bottom squares part of each optical structure in fig 12b is taken to be second array of optical structures) arranged on the plane;
wherein the first and second periodic arrays (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) are being each arranged according to a common unit cell (unit cell 32, page 9) which is oblique (oblique as in fig 4, 5, 12b),
a first period of the diffraction grating (diffractive optical structures of output element 2, page 7) being defined by a spacing between neighboring optical structures of one of the first and second periodic arrays (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) along a first side of the common unit cell (unit cell 32, page 9), and a second period of the diffraction grating being defined by a spacing between neighboring optical structures of one of the first and second periodic arrays (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) along a second side of the common unit cell, adjacent to the first side (optical structures 30 in figs 4,12b, are periodic in horizontal and vertical directions of the unit cell 32),
the first periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of top squares part of each optical structure in fig 12b is taken to be first array of optical structures) being overlaid on the second periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of bottom squares part of each optical structure in fig 12b is taken to be second array of optical structures) in the plane such that the arrays are spatially offset from one another on the plane (top and bottom squares are offset from one another as in fig 12b);
wherein the first periodic array of optical structures and the second periodic array of optical structures differing from one another in at least one characteristic and/or
the first periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of top squares part of each optical structure in fig 12b is taken to be first array of optical structures) are offset from the second periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of bottom squares part of each optical structure in fig 12b is taken to be second array of optical structures) by a factor which is different to half the first or second period of the diffraction grating (diffractive optical structures of output element 2, page 7) (fig 12b, distance between centers of top and bottom squares in optical structure is smaller than the period or distance between optical structures in x or y directions),
such that the first periodic array of optical structures and the second periodic array of optical structures (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) are configured to receive light from an input direction and to couple orders of the light in directions that are at angles to the input direction and to couple out orders of the light towards a viewer
(“Light can be diffracted into a zero order, which is a continuation of the propagation of the incident light. Light can also be diffracted into a first diffraction order by grating H1. The first order is coupled out of the waveguide 14 in a positive direction along the z-axis, towards a viewer which can be defined as the straight to eye (STE) order. Light can also be diffracted into a first diffracted order by the H2 diffractive optical structure. This first order is diffracted at 60° to the x-axis, and this light beam goes on to make further interactions with the photonic crystal”, “A subsequent diffractive interaction with the H2 diffractive optical structure can couple light out of the waveguide 12 in the positive z-axis towards a viewer”, page 9,10)
Regarding Claim 2, Alexeev teaches the diffraction grating of claim 1,
wherein a first pair of parallel sides (one of the set of parallel sides of unit cell 32, fig 4) the common oblique unit cell (unit cell 32, page 9) define a first output grating vector of the diffraction grating (diffractive optical structures of output element 2, page 7), the direction of the first output grating vector being perpendicular to the direction of the first pair of parallel sides, and the magnitude of the first output grating vector being inversely proportional to the spacing between the first pair of parallel sides along the direction of the first output grating vector (first grating vector of diffraction grating formed from one of the set of parallel sides of unit cell 32 and from diffraction theory, the grating vector is perpendicular to the grating lines or parallel sides and has a magnitude inversely proportional to the period of the grating), and
a second pair of opposing sides (the other one of the set of parallel sides of unit cell 32, fig 4) of the common unit cell (unit cell 32, page 9) define a second output grating vector of the diffraction grating (diffractive optical structures of output element 2, page 7), the direction of the second output grating vector being perpendicular to the direction of the second pair of parallel sides, and the magnitude of the second output grating vector being inversely proportional to the spacing between the second pair of parallel sides along the direction of the second output grating vector (second grating vector of diffraction grating formed from the other one of the set of parallel sides of unit cell 32 and from diffraction theory, the grating vector is perpendicular to the grating lines or parallel sides and has a magnitude inversely proportional to the period of the grating),
whereby the first and second output grating vectors are non-parallel and non-perpendicular to one another (“The cross shape made of two intersecting lines substantially at 120 degrees to one another”, page 3, this indicates that the grating vectors are non-parallel and non-perpendicular because of the angles between the intersecting sides of the unit cell 32); and
wherein the diffraction grating has at least one of the following characteristics:
the respective magnitudes of the first and second output grating vectors are the same or different (magnitudes of the grating vectors appear to be same as the size of unit cell 32 is a parallelogram, as in fig 5); and/or
the angle between the first and second output grating vectors is greater than 90 degrees and less than or equal to 150 degrees (“The cross shape made of two intersecting lines substantially at 120 degrees to one another”, page 3, this indicates that the angle between grating vectors is greater than 90 degrees and less than 150 degrees)
Regarding Claim 4, Alexeev teaches (fig 1-2,4-6, 12b) a diffractive waveguide combiner (waveguide 6, input diffraction grating 1, diffractive optical structures of output element 2, page 7) for an augmented reality or virtual reality display (augmented reality display, page 1), comprising a waveguide (waveguide 6, page 7), the waveguide being a substrate configured to transmit light, having arranged in or on the waveguide:
a first periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of top squares part of each optical structure in fig 12b is taken to be first array of optical structures) arranged on a plane; and
a second periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of bottom squares part of each optical structure in fig 12b is taken to be second array of optical structures) arranged on the plane;
wherein the first and second periodic arrays (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) are being each arranged according to a common unit cell (unit cell 32, page 9) which is oblique (oblique as in fig 4, 5, 12b),
a first period of the diffraction grating (diffractive optical structures of output element 2, page 7) being defined by a spacing between neighboring optical structures of one of the first and second periodic arrays (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) along a first side of the common unit cell (unit cell 32, page 9), and a second period of the diffraction grating being defined by a spacing between neighboring optical structures of one of the first and second periodic arrays (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) along a second side of the common unit cell, adjacent to the first side (optical structures 30 in figs 4,12b, are periodic in horizontal and vertical directions of the unit cell 32),
the first periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of top squares part of each optical structure in fig 12b is taken to be first array of optical structures) being overlaid on the second periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of bottom squares part of each optical structure in fig 12b is taken to be second array of optical structures) in the plane such that the arrays are spatially offset from one another on the plane (top and bottom squares are offset from one another as in fig 12b);
wherein the first periodic array of optical structures and the second periodic array of optical structures differing from one another in at least one characteristic and/or
the first periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of top squares part of each optical structure in fig 12b is taken to be first array of optical structures) are offset from the second periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of bottom squares part of each optical structure in fig 12b is taken to be second array of optical structures) by a factor which is different to half the first or second period of the diffraction grating (diffractive optical structures of output element 2, page 7) (fig 12b, distance between centers of top and bottom squares in optical structure is smaller than the period or distance between optical structures in x or y directions),
such that the first periodic array of optical structures and the second periodic array of optical structures (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) are configured to receive light from an input direction and to couple orders of the light in directions that are at angles to the input direction and to couple out orders of the light towards a viewer
(“Light can be diffracted into a zero order, which is a continuation of the propagation of the incident light. Light can also be diffracted into a first diffraction order by grating H1. The first order is coupled out of the waveguide 14 in a positive direction along the z-axis, towards a viewer which can be defined as the straight to eye (STE) order. Light can also be diffracted into a first diffracted order by the H2 diffractive optical structure. This first order is diffracted at 60° to the x-axis, and this light beam goes on to make further interactions with the photonic crystal”, “A subsequent diffractive interaction with the H2 diffractive optical structure can couple light out of the waveguide 12 in the positive z-axis towards a viewer”, page 9,10)
wherein a first pair of parallel sides (one of the set of parallel sides of unit cell 32, fig 4) the common oblique unit cell (unit cell 32, page 9) define a first output grating vector of the diffraction grating (diffractive optical structures of output element 2, page 7), the direction of the first output grating vector being perpendicular to the direction of the first pair of parallel sides, and the magnitude of the first output grating vector being inversely proportional to the spacing between the first pair of parallel sides along the direction of the first output grating vector (first grating vector of diffraction grating formed from one of the set of parallel sides of unit cell 32 and from diffraction theory, the grating vector is perpendicular to the grating lines or parallel sides and has a magnitude inversely proportional to the period of the grating), and
a second pair of opposing sides (the other one of the set of parallel sides of unit cell 32, fig 4) of the common unit cell (unit cell 32, page 9) define a second output grating vector of the diffraction grating (diffractive optical structures of output element 2, page 7), the direction of the second output grating vector being perpendicular to the direction of the second pair of parallel sides, and the magnitude of the second output grating vector being inversely proportional to the spacing between the second pair of parallel sides along the direction of the second output grating vector (second grating vector of diffraction grating formed from the other one of the set of parallel sides of unit cell 32 and from diffraction theory, the grating vector is perpendicular to the grating lines or parallel sides and has a magnitude inversely proportional to the period of the grating),
whereby the first and second output grating vectors are non-parallel and non-perpendicular to one another (“The cross shape made of two intersecting lines substantially at 120 degrees to one another”, page 3, this indicates that the grating vectors are non-parallel and non-perpendicular because of the angles between the intersecting sides of the unit cell 32); and
an input grating (input diffraction grating 1, page 7) for coupling in light into the waveguide (waveguide 6, page 7) towards the output grating (output element 2, page 7),
wherein the input grating (input diffraction grating 1, page 7) comprising comprises a third periodic array of optical structures (“The input diffractive optical element is preferably a diffraction grating comprising grooves in one surface of the waveguide”, page 5) which defines an input grating vector along the input direction, the input direction being parallel to a direction of periodicity of the third periodic array, and the magnitude of the third grating vector being inversely proportional to the period of the third periodic array along the direction of the input grating vector (input grating vector of input diffraction grating formed from one of the set of parallel grating grooves and from diffraction theory, the grating vector is perpendicular to the grating lines or in the direction of periodicity and has a magnitude inversely proportional to the period of the grating).
Regarding Claim 5, Alexeev teaches the diffractive waveguide combiner according to claim 4,
wherein the input grating vector (grating vector corresponding to input diffraction grating 1, page 7) and the first output grating vector (first grating vector of diffraction grating formed from one of the set of parallel sides of unit cell 32, corresponding to output element 2, page 7) are parallel to one another and have the same magnitude as one another (“Light can be diffracted into a zero order, which is a continuation of the propagation of the incident light”, page 9, zeroth order light is in the same direction as incident beam and has same magnitude).
Regarding Claim 7, Alexeev teaches the diffractive waveguide combiner according to claim 4,
wherein the output grating (diffractive optical structures of output element 2, page 7) has a periphery in the plane of the waveguide (waveguide 6, page 7) (as in fig 1-2, 3b, 12b) that includes four substantially straight edges arranged along substantially orthogonal directions, the periphery of the output grating (diffractive optical structures of output element 2, page 7) being substantially rectangular (as in fig 12b).
Regarding Claim 12, Alexeev teaches the diffractive waveguide combiner according to claim 4,
wherein the output grating (diffractive optical structures of output element 2, page 7) and/or the input grating are formed of a surface relief structure on the waveguide (“The plurality of optical structures may be surface relief structures on the surface of the waveguide”, page 5) or an embedded structure in the waveguide, or composed of multiple distinct elements located at different positions orthogonal to the plane of the waveguide, or comprised of a layer within the waveguide having a variation of optical properties to the surrounding waveguide.
Regarding Claim 16, Alexeev teaches an augmented reality or virtual reality display (“a waveguide for use in an augmented reality or virtual reality display”, page 2) comprising the diffractive waveguide combiner according to claim 4.
Regarding Claim 17, Alexeev teaches a method of manufacture (method of manufacture, page 16) of a diffraction grating (diffractive optical structures of output element 2, page 7) for an augmented reality or virtual reality display (“a waveguide for use in an augmented reality or virtual reality display”, page 2), comprising the steps of:
providing a plurality of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized); and arranging the plurality of optical structures as described in claim 1.
Regarding Claim 18, Alexeev teaches (fig 1-2,4-6, 12b) the method of manufacture (method of manufacture, page 16) of a diffractive waveguide combiner (diffractive optical structures of output element 2, waveguide 6, page 7) for an augmented reality or virtual reality display (augmented reality display, page 1), comprising:
providing a waveguide (waveguide 6, page 7), the waveguide being a substrate configured to transmit light;
arranging an output grating (output element 2, page 7) in or on the waveguide (waveguide 6, page 7) by:
arranging a first periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of top squares part of each optical structure in fig 12b is taken to be first array of optical structures) on a plane; and
arranging a second periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of bottom squares part of each optical structure in fig 12b is taken to be second array of optical structures) on the plane;
the first periodic array of optical structures and the second periodic array of optical structures (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) are being each arranged according to a common unit cell (unit cell 32, page 9) differing from one another in at least one characteristic and/or
the first periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of top squares part of each optical structure in fig 12b is taken to be first array of optical structures) are offset from the second periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of bottom squares part of each optical structure in fig 12b is taken to be second array of optical structures) by a factor which is different to half the first or second period of the diffraction grating (diffractive optical structures of output element 2, page 7) (fig 12b, distance between centers of top and bottom squares in optical structure is smaller than the period or distance between optical structures in x or y directions),
such that the first periodic array of optical structures and the second periodic array of optical structures (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) are configured to receive light from an input direction and to couple orders of the light in directions that are at angles to the input direction and to couple out orders of the light towards a viewer
(“Light can be diffracted into a zero order, which is a continuation of the propagation of the incident light. Light can also be diffracted into a first diffraction order by grating H1. The first order is coupled out of the waveguide 14 in a positive direction along the z-axis, towards a viewer which can be defined as the straight to eye (STE) order. Light can also be diffracted into a first diffracted order by the H2 diffractive optical structure. This first order is diffracted at 60° to the x-axis, and this light beam goes on to make further interactions with the photonic crystal”, “A subsequent diffractive interaction with the H2 diffractive optical structure can couple light out of the waveguide 12 in the positive z-axis towards a viewer”, page 9,10); and
the first and second periodic arrays (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) are being each arranged according to a common unit cell (unit cell 32, page 9) which is oblique (oblique as in fig 4, 5, 12b)
a first period of the diffraction grating (diffractive optical structures of output element 2, page 7) being defined by a spacing between neighboring optical structures of one of the first and second periodic arrays (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) along a first side of the common unit cell (unit cell 32, page 9), and
a second period of the diffraction grating being defined by a spacing between neighboring optical structures of one of the first and second periodic arrays (array of optical structures 30 in fig 12b with top and bottom squares in each structure as first and second arrays) along a second side of the common unit cell, adjacent to the first side (optical structures 30 in figs 4,12b, are periodic in horizontal and vertical directions of the unit cell 32),
the first periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of top squares part of each optical structure in fig 12b is taken to be first array of optical structures) being overlaid on the second periodic array of optical structures (optical structures 30, page 8, fig 4, embodiment of fig 12b is being utilized, hence the array of bottom squares part of each optical structure in fig 12b is taken to be second array of optical structures) in the plane such that the arrays are spatially offset from one another on the plane (top and bottom squares are offset from one another as in fig 12b);and
arranging in or on the waveguide an input grating (input diffraction grating 1, page 7) for coupling in light into the waveguide (waveguide 6)towards the output grating (output grating element 2, page 7).
Regarding Claim 19, Alexeev teaches the method of claim 18, wherein:
wherein a first pair of parallel sides (one of the set of parallel sides of unit cell 32, fig 4) the common oblique unit cell (unit cell 32, page 9) define a first output grating vector of the diffraction grating (diffractive optical structures of output element 2, page 7), the direction of the first output grating vector being perpendicular to the direction of the first pair of parallel sides, and the magnitude of the first output grating vector being inversely proportional to the spacing between the first pair of parallel sides along the direction of the first output grating vector (first grating vector of diffraction grating formed from one of the set of parallel sides of unit cell 32 and from diffraction theory, the grating vector is perpendicular to the grating lines or parallel sides and has a magnitude inversely proportional to the period of the grating), and
a second pair of opposing sides (the other one of the set of parallel sides of unit cell 32, fig 4) of the common unit cell (unit cell 32, page 9) define a second output grating vector of the diffraction grating (diffractive optical structures of output element 2, page 7), the direction of the second output grating vector being perpendicular to the direction of the second pair of parallel sides, and the magnitude of the second output grating vector being inversely proportional to the spacing between the second pair of parallel sides along the direction of the second output grating vector (second grating vector of diffraction grating formed from the other one of the set of parallel sides of unit cell 32 and from diffraction theory, the grating vector is perpendicular to the grating lines or parallel sides and has a magnitude inversely proportional to the period of the grating),
whereby the first and second output grating vectors are non-parallel and non-perpendicular to one another (“The cross shape made of two intersecting lines substantially at 120 degrees to one another”, page 3, this indicates that the grating vectors are non-parallel and non-perpendicular because of the angles between the intersecting sides of the unit cell 32); and
wherein the diffraction grating has at least one of the following characteristics:
the respective magnitudes of the first and second output grating vectors are the same or different (magnitudes of the grating vectors appear to be same as the size of unit cell 32 is a parallelogram, as in fig 5); and/or
the angle between the first and second output grating vectors is greater than 90 degrees and less than or equal to 150 degrees (“The cross shape made of two intersecting lines substantially at 120 degrees to one another”, page 3, this indicates that the angle between grating vectors is greater than 90 degrees and less than 150 degrees)
Regarding Claim 20, Alexeev teaches the method of claim 19, wherein:
the angle between the first and second output grating vectors is greater than 90 degrees and less than or equal to 135 degrees (“The cross shape made of two intersecting lines substantially at 120 degrees to one another”, page 3, this indicates that the angle between grating vectors is greater than 90 degrees and less than 135 degrees)
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Alexeev et al (WO 2020/188234 A1, of record) in view of Grey et al (US 2020/0110261 A1).
Regarding Claim 3, Alexeev teaches the diffraction grating of claim 1.
However, Alexeev does not teach
wherein the optical structures of the first periodic array differ from the optical structures of the second periodic array in at least one characteristic by one or more of:
the optical structures of the first array having a different shape in the plane to the optical structures in the second array;
the optical structures of the first array having a different size in the plane to the optical structures in the second array;
the optical structures of the first array having a different orientation in the plane to the optical structures in the second array;
the optical structures of the first array having a different physical extent or height in a direction perpendicular to the plane to the optical structures in the second array; and
the optical structures of the first array having a different blaze to the optical structures in the second array.
Alexeev and Grey are related as optical structures.
Grey teaches (fig 4),
wherein the optical structures of the first periodic array (upper notches 82 of optical structure 80, para 39) differ from the optical structures of the second periodic array (lower notches 82 of optical structure 80, para 39) in:
the optical structures (upper notches 82) of the first array having a different physical extent or height in a direction perpendicular to the plane to the optical structures (lower notches 82) in the second array (“The notches 82 are defined by first and second notch widths 84, 85, where the second notch width 85 is larger than the first notch width 84”, para 39);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the optical structures of Alexeev to include the different physical extent of Grey for the purpose of using some versatile designs for reducing the striping effect (para 39).
Claim(s) 8,13,15, is/are rejected under 35 U.S.C. 103 as being unpatentable over Alexeev et al (WO 2020/188234 A1, of record) in view of Bhargava et al (US 2019/0187474 A1).
Regarding Claim 8, Alexeev teaches the diffractive waveguide combiner according to claim 7,
wherein a first center axis of the output grating (diffractive optical structures of output element 2, page 7) extends parallel to and equidistant between two opposing straight edges of the periphery, and a second center axis of the output grating extends parallel to and equidistant between the other two opposing straight edges of the periphery, the first and second center axes intersecting one another at the center of the output grating (two center axes parallel to each set of parallel edges and intersecting in the center, as can be interpreted from fig 12b).
However, Alexeev does not teach
the input grating is located on neither the first center axis nor the second center axis of the output grating.
Alexeev and Bhargava are related as input and output gratings.
Bhargava teaches (fig 15A),
the input grating (ICG region 1540, para 223) is located on neither the first center axis nor the second center axis of the output grating (OPE grating 1550 or EPE grating 1560, para 223).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the placement of input and output gratings of Alexeev to include the input grating being located on neither the first center axis nor the second center axis of the output grating of Bhargava for the purpose of the fan out of diffracted beams from the input to match the tilted orientation of the output grating (para 223) for lossless propagation.
Regarding Claim 13, Alexeev teaches a headset (“The augmented reality or virtual reality display may in some cases be an augmented reality or virtual reality headset, glasses or googles”, page 6) comprising the diffractive waveguide combiner according to claim 4.
However, Alexeev does not teach
a mount configured to support the headset on a person's head in use with the diffractive waveguide combiner in front of at least one of the person's eyes, this being the in-use orientation of the diffraction waveguide combiner, first and second global axes of the diffractive waveguide combiner being defined substantially parallel to the horizontal and vertical directions respectively in the in-use orientation and lying in the plane of the diffractive waveguide combiner, and a third global axis being defined orthogonal to the first and second global axes, wherein the input grating is offset from the center of the output grating along both the first and second global axes, the input grating being located in a corner of the diffractive waveguide combiner.
Alexeev and Bhargava are related as headsets.
Bhargava teaches (fig 1,2,15A), a headset (wearable display system 60, para 100)
a mount (frame 80, para 100) configured to support the headset on a person's head in use with the diffractive waveguide combiner (display 70, para 100, fig 1, waveguide eyepiece 1500, para 208) in front of at least one of the person's eyes, this being the in-use orientation of the diffraction waveguide combiner (display 70, para 100, fig 1, waveguide eyepiece 1500, para 208), first and second global axes of the diffractive waveguide combiner being defined substantially parallel to the horizontal and vertical directions respectively in the in-use orientation and lying in the plane of the diffractive waveguide combiner (global axes in x and y axes, fig 15A), and a third global axis (z axis) being defined orthogonal to the first and second global axes (x and y axes),
wherein the input grating (ICG region 1540, para 223) is offset from the center of the output grating (OPE grating 1550 or EPE grating 1560, para 223) along both the first and second global axes, the input grating (ICG region 1540, para 223) being located in a corner of the diffractive waveguide combiner (waveguide eyepiece 1500, para 208) (as in fig 15A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the headset of Alexeev to include the headset of Bhargava for the purpose of utilizing a VR setup with the fan out of diffracted beams from the input to match the tilted orientation of the output grating (para 223) for lossless propagation.
Regarding Claim 15, Alexeev-Bhargava teach the headset according to claim 13, further comprising a projector (“An input diffraction grating 1 is provided on a surface of the waveguide 6 for coupling light from a projector (not shown) into the waveguide 6”, page 7, Alexeev) configured to project an image towards the input grating (input diffraction grating 1, page 7) substantially along the third global axis.
Claim(s) 11, is/are rejected under 35 U.S.C. 103 as being unpatentable over Alexeev et al (WO 2020/188234 A1, of record) in view of Yaroshchuk et al (US 2022/0091323 A1).
Regarding Claim 11, Alexeev teaches the diffractive waveguide combiner according to claim 4.
However, Alexeev does not teach
the waveguide comprising multiple output gratings, wherein the multiple output gratings at least partially overlap in the plane of the waveguide and are offset from each other in the direction perpendicular to the plane of the waveguide.
Alexeev and Yaroshchuk are related as output gratings.
Yaroshchuk teaches (fig 16A),
the waveguide (waveguide 1601, para 173) comprising multiple output gratings (plurality of out-coupling gratings 1614, 1624, and 1634, para 173), wherein the multiple output gratings at least partially overlap in the plane of the waveguide (waveguide 1601, para 173) and are offset from each other in the direction perpendicular to the plane of the waveguide (offset in the perpendicular direction of the waveguide, as in fig 16A) (waveguide 1601, para 173).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the output grating of Alexeev to include the plurality of output gratings of Yaroshchuk for the purpose of a continuous FOV to the eye-box (para 173).
Allowable Subject Matter
Claims 6,10,14, would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 6 is allowable over the prior art for at least the reason:
“wherein the output grating has a periphery in the plane of the waveguide that includes a first edge, and the output grating and the input grating are arranged relative to one another such that, in use, light from the input grating enters the output grating by crossing the first edge, the input direction intersecting the first edge at a non-perpendicular angle to the direction of the first edge, and wherein the second output grating vector is substantially parallel to the direction of the first edge.”
Claim 14 is allowable over the prior art for at least the reason:
“wherein the angle Ɏskew between the first and second output grating vectors is given by:
Ɏskew = 90 deg + ɸ skew”
Claim 9 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 9 is allowable over the prior art for at least the reason:
“wherein the angle Ɏskew between the first and second output grating vectors is given by:
Ɏskew = 90 deg + ɸ skew”
Claim 10 is dependent on claim 9 and hence allowable for at least the same reason as base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schultz et al (US 2023/0213770 A1) teaches (fig 13) a virtual reality device with a diffractive waveguide with output grating with first and second optical structures.
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/JYOTSNA V DABBI/Primary Examiner, Art Unit 2872 5/13/2026
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