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.
Information Disclosure Statement
The information disclosure statements (IDS’s) submitted on 5/8/2024 and 6/11/2025 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 17 (and corresponding dependent claims) is objected to because of the following informalities: in line 3, “a support” should be changed to --and a support--. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 7-10, 15, and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hollands et al (US 2020/0174255 A1).
In regard to claim 1, Hollands discloses an optical system for a wearable heads-up display (page 2, section [0030] – page 4, section [0043], Figures 1 & 2), the optical system comprising: an image projector configured to project an image (page 2, section [0033], page 3, section [0037], Figure 2, “20A”) towards an eye of a user (Figure 2, “24”); and a combiner element (page 3, section [0039], Figure 2, “40”) positioned in a field of view of the user and in an optical path between the image projector (Figure 2, “20A”) and the eye of the user (Figure 2, “24”), the combiner element being configured to replicate the image onto a plurality of positions in a plane at the eye of the user (page 3, section [0041]), the combiner element comprising: a splitting element configured to split incident light into a plurality of directions (page 3, section [0041], Figure 2, “44”), and a first volume phase holographic (VPH) element comprising a plurality of multiplexed holograms, each hologram configured to selectively collimate incident light according to a respective angle of incidence on the first VPH element (page 3, sections [0041]-[0042], Figure 2, “42,” re: parallel beams to each of the pupils).
Regarding claim 7, Hollands discloses wherein the splitting element is a transmissive optical element (page 3, section [0041], Figure 2, “44”) and the first VPH element is a reflective optical element (page 3, section [0041], Figure 2, “42”).
Regarding claim 8, Hollands discloses wherein the image projector is arranged to (i) project light through the splitting element on a first pass (page 3, section [0041], Figure 2, “44”), (ii) reflect light from the first VPH element (page 3, section [0041], Figure 2, “42”), and (iii) project light through the splitting element on a second pass after reflection from the first VPH element, whereby the splitting element is configured to split said light into said plurality of directions on the first pass (page 3, section [0041], Figure 2, “44”).
Regarding claim 9, Hollands discloses wherein an angle of incidence of light on the splitting element on the second pass is greater than a critical angle of the splitting element allowing said light to propagate through the splitting element on the second pass without being split into said plurality of directions (page 3, section [0041], Figure 2, “44,” re: multiple replicas of the input image focused onto eyebox “24” by reflection hologram structures “42” with light “55” forming parallel beams to each of the pupils (i.e. light passing through the splitting element “44” on the second pass is not split again into a plurality of directions)).
Regarding claim 10, Hollands discloses wherein the splitting element is configured to split said incident light into a plurality of directions having acute angles relative to the angle of incidence of said incident light onto the splitting element (page 3, section [0041], Figure 2, “56, 44, 60”).
Regarding claim 15, Hollands discloses wherein the image projector comprises a scanning laser projector (page 3, section [0040]).
Regarding claim 17, Hollands discloses a wearable heads-up display comprising: said optical system; and a support frame for mounting the optical system (page 1, section [0005] & page 2, section [0030], re: display mounted in supporting structure (i.e. eyeglasses)).
Regarding claim 18, Hollands discloses said wearable heads-up display comprising at least one eye piece, wherein the splitting element is positioned on a first surface of the at least one eye piece, and wherein first VPH element is positioned on a second surface of the at least eye piece opposite the first surface (page 2, section [0033], Figure 2, “20B,” re: left and right lenses).
Regarding claim 19, Hollands discloses wherein the display comprises an off-axis retinal scanning display (page 9, section [0092]).
Allowable Subject Matter
Claims 2-6, 11-14, and 16 are 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach a combination of all the claimed features as presented in claims 2 and 3: an optical system as claimed, specifically wherein the splitting element comprises a second VPH element.
The prior art fails to teach a combination of all the claimed features as presented in claims 4-6: an optical system as claimed, specifically wherein the splitting element is a reflective optical element and wherein the first VPH element is a transmissive optical element.
The prior art fails to teach a combination of all the claimed features as presented in claims 11-13: an optical system as claimed, specifically wherein the splitting element comprises a polarising Bragg diffraction grating.
The prior art fails to teach a combination of all the claimed features as presented in claim 14: an optical system as claimed, specifically wherein the splitting element comprises a surface relief diffraction grating.
The prior art fails to teach a combination of all the claimed features as presented in claim 16: an optical system as claimed, specifically comprising: an actuator configured to move one of the splitting element or first VPH element relative to the other.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C CHOI whose telephone number is (571)272-2324. The examiner can normally be reached Monday- Friday, 9:00 am - 6:00 pm.
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, 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.
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.
/WILLIAM CHOI/Primary Examiner, Art Unit 2872 March 23, 2026
Prosecution Insights