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
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 1-4, 10, 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schultz et al (US Publication No.: US 2019/0011708 A1, “Schultz”).
Regarding Claim 1, Schultz discloses an image light guide for a near-eye display system (Paragraph 0048), comprising:
A planar waveguide (Figure 3A) including
(a) A transmissive substrate having a first refractive index (Paragraph 0083 discloses a glass substrate, which is known to have a first refractive index of 1.5) and
(b) At least one outer layer of transmissive material having a second refractive index (Paragraph 0080 discloses an outer layer comprised of Nb2O5, which is known to have a second refractive index of 2.3), wherein
The second refractive index is higher than the first refractive index (Paragraphs 0080 and Paragraph 0083 discloses a higher second refractive index), wherein
The transmissive substrate includes a front surface and a back surface (Figures 3A-3B discloses a front surface F and a back surface Bk), and wherein
The at least one outer layer of a transmissive material is engaged with at least one of the front and back surfaces of the transmissive substrate (Figure 3B and Paragraph 0053 discloses the coating of the transmissive material disposed on the surface); and
At least one of an in-coupling optic and an out-coupling optic formed in or on the at least one outer layer of transmissive material (Paragraph 0053; Figure 3B, out-coupling optic 120, in-coupling optic 110), wherein
The at least one of the in-coupling optic and the out-coupling optic is operable to couple image-bearing light beams into or out of the planar waveguide (Paragraph 0053).
Regarding Claim 2, Schultz discloses the image light guide of claim 1, wherein the at least one outer layer of transmissive material includes a first outer layer engaged with the front surface of the transmissive substrate and a second outer layer supported of transmissive material engaged with the back surface of the transmissive substrate (Figure 3B discloses different color channels on the front and the back surfaces, each of which would have an outer layer of the transmissive material; Paragraph 0016)
Regarding Claim 3, Schultz discloses the image light guide of claim 2, wherein the at least one of the in-coupling optic and the out-coupling optic comprise diffractive features (Paragraph 0046; Paragraph 0003 discloses various diffractive structures).
Regarding Claim 4, Schultz discloses the image light guide of claim 2, wherein the first and second outer layers include respective front and back parallel surfaces (Figure 3B discloses parallel surfaces; Paragraph 0043).
Regarding Claim 10, Schultz discloses the image light guide of claim 1, wherein the refractive index of the transmissive substrate is 1.6 or less and the refractive index of the at least one outer layer is greater than or equal to 1.7 (Paragraph 0083 discloses a glass substrate, which is known to have a first refractive index of 1.5; Paragraph 0080 discloses an outer layer comprised of Nb2O5, which is known to have a second refractive index of 2.3).
Regarding Claim 18, Schultz discloses a method of making an image light guide for a near-eye display (Paragraph 0048), the method comprising: coating a transmissive substrate having a first refractive index (Figure 3A; Paragraph 0083 discloses a glass substrate, which is known to have a first refractive index of 1.5) with at least one outer layer of transmissive material having a second, higher, refractive index (Paragraph 0080 discloses an outer layer comprised of Nb2O5, which is known to have a second refractive index of 2.3), wherein the transmissive substrate and the at least one outer layer of transmissive material form a planar waveguide (Figures 3A-3B); and forming at least one of an in-coupling diffractive optic and an out-coupling diffractive optic in or on the at least one outer layer of transmissive material (Paragraph 0053; Figure 3B, out-coupling optic 120, in-coupling optic 110).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Schultz in view of Travers et al (US Publication No.: US 2013/0051730 A1, “Travers”).
Regarding Claim 5, Schultz discloses the image light guide of claim 4.
Schultz fails to disclose that the front and back surfaces of the first and second outer layers contain parallel surfaces exposed to air.
However, Travers discloses a similar light guide where the front and back surfaces of the first and second outer layers contain parallel surfaces exposed to air (Travers, Figure 1, waveguide 12; Paragraph 0019).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the waveguide as disclosed by Schultz to be exposed to air as disclosed by Travers. One would have been motivated to do so for the purpose of improving the transference of light (Travers, Paragraph 0019).
Claims 6-9, 12-15, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schultz in view of Travers et al (US Publication No.: US 2014/0300966 A1, “Travers’966”).
Regarding Claim 6, Schultz discloses the image light guide of claim 1, wherein at least one of the front and back surfaces of the transmissive substrate depart from being at least one of optically smooth, flat, and parallel (Schultz, Figures 5-6; Paragraph 0020; Figure 6 discloses the relationship of rotational angle to diffraction efficiency for light moving through the waveguide at oblique angles; Figure 3B; Paragraph 0053).
Schultz fails to disclose that and wherein the at least one of the front and back surfaces further comprise at least one intermediate layer of a transmissive material having a refractive index matching the first refractive index of the transmissive substrate and comprise at least one of a front intermediate surface and a back intermediate surface that is optically smooth, flat, and parallel.
However, Travers’966 discloses a similar light guide wherein the at least one of the front and back surfaces further comprise at least one intermediate layer of a transmissive material having a refractive index matching the first refractive index of the transmissive substrate and comprise at least one of a front intermediate surface and a back intermediate surface that is optically smooth, flat, and parallel (Travers’966, Paragraph 0013; Figures 1-3; Paragraph 0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light guide as disclosed by Schultz to have an intermediate layer as disclosed by Travers’966. One would have been motivated to do so for the purpose of improving the passing of light through the components (Travers’966; Paragraph 0013).
Regarding Claim 7, Schultz in view of Travers’966 discloses the image light guide of claim 6.
Schultz fails to disclose that the at least one intermediate layer is located between the transmissive substrate and the at least one outer layer.
However, Travers’966 discloses a similar image light guide where the at least one intermediate layer is located between the transmissive substrate and the at least one outer layer (Travers’966, Paragraph 0013; Figures 1-3, first and second conductive layers 58 and 60, transformable grating structure 52, grating structure 54, waveguide 12; Paragraph 0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light guide as disclosed by Schultz to have an intermediate layer as disclosed by Travers’966. One would have been motivated to do so for the purpose of improving the passing of light through the components (Travers’966; Paragraph 0013).
Regarding Claim 8, Schultz in view of Travers’966 discloses the image light guide of claim 7.
Schultz fails to disclose that the at least one intermediate layer includes a first intermediate layer adjacent to the front surface of the transmissive substrate and a second intermediate layer adjacent to the back surface of the transmissive substrate, and the first and second intermediate layers include respective front and back intermediate surfaces that are optically smooth, flat, and parallel.
However, Travers’966 discloses a similar light guide where the at least one intermediate layer includes a first intermediate layer adjacent to the front surface of the transmissive substrate and a second intermediate layer adjacent to the back surface of the transmissive substrate, and the first and second intermediate layers include respective front and back intermediate surfaces that are optically smooth, flat, and parallel (Travers’966, Figure 2 first intermediate layer 68, transmissive substrate 86, second intermediate layer 70; Paragraphs 0034-0035).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light guide as disclosed by Schultz to have an intermediate layer as disclosed by Travers’966. One would have been motivated to do so for the purpose of improving the passing of light through the components (Travers’966; Paragraph 0013).
Regarding Claim 9, Schultz in view of Travers’966 discloses the image light guide of claim 8.
Schultz fails to disclose that the at least one outer layer includes a first outer layer adjacent to the front intermediate surface of the first intermediate layer and a second outer layer adjacent to the back intermediate surface of the second intermediate layer, and the first and second outer layers include respective front and back surfaces that are optically smooth, flat, and parallel.
However, Travers’966 discloses a similar light guide where the at least one outer layer includes a first outer layer adjacent to the front intermediate surface of the first intermediate layer and a second outer layer adjacent to the back intermediate surface of the second intermediate layer, and the first and second outer layers include respective front and back surfaces that are optically smooth, flat, and parallel (Travers’966, Figure 2, first outer layer 88, front intermediate surface 60, first intermediate layer 68, second outer layer 84; Paragraphs 0034-0035; Paragraph 0038).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light guide as disclosed by Schultz to have an intermediate layer as disclosed by Travers’966. One would have been motivated to do so for the purpose of improving the passing of light through the components (Travers’966; Paragraph 0013).
Regarding Claim 12, Schultz discloses An image light guide for a near-eye display system Paragraph 0048), comprising: a planar waveguide (Figure 3A), an in-coupling optic (Figures 3A-3B, in-coupling optic 110), and an out-coupling optic (Figures 3A-3B, out-coupling optic 120), wherein the in-coupling and out-coupling optics, are operable to direct image-bearing light beams into and out of the planar waveguide (Paragraph 0053), respectively; the planar waveguide including a transmissive substrate having front and back surfaces (Figures 3A-3B disclose front F and back Bk surfaces; Paragraph 0083), and at least one outer layer of a transmissive material (Paragraph 0080) and the at least one outer layer having a refractive index that is greater than the matching refractive index of the at least one intermediate layer and the transmissive substrate (Paragraphs 0080 and Paragraph 0083 discloses a higher second refractive index of the outer layer).
Schultz fails to disclose at least one intermediate layer of a transmissive material adhered to at least one of the front and back surfaces of the transmissive substrate, and at least one outer layer of a transmissive material adhered to the at least one intermediate layer; the at least one intermediate layer having a refractive index that matches a refractive index of the transmissive substrate.
However, Travers’966 discloses a similar light guide where at least one intermediate layer of a transmissive material adhered to at least one of the front and back surfaces of the transmissive substrate, and at least one outer layer of a transmissive material adhered to the at least one intermediate layer; the at least one intermediate layer having a refractive index that matches a refractive index of the transmissive substrate (Travers’966, Paragraph 0032; Figures 1-3, layers 54, 58, 60, 52 refractive index match transmissive substrate 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light guide as disclosed by Schultz to have an intermediate layer as disclosed by Travers’966. One would have been motivated to do so for the purpose of improving the passing of light through the components (Travers’966; Paragraph 0013).
Regarding Claim 13, Schultz in view of Travers’966 discloses the image light guide of claim 1, wherein at least one of the front and back surfaces of the transmissive substrate depart from being at least one of optically smooth, flat, and parallel (Schultz, Figures 5-6; Paragraph 0020; Figure 6 discloses the relationship of rotational angle to diffraction efficiency for light moving through the waveguide at oblique angles; Figure 3B; Paragraph 0053).
Schultz fails to disclose that and wherein the at least one of the front and back surfaces further comprise at least one intermediate layer of a transmissive material having a refractive index matching the first refractive index of the transmissive substrate and comprise at least one of a front intermediate surface and a back intermediate surface that is optically smooth, flat, and parallel.
However, Travers’966 discloses a similar light guide wherein the at least one of the front and back surfaces further comprise at least one intermediate layer of a transmissive material having a refractive index matching the first refractive index of the transmissive substrate and comprise at least one of a front intermediate surface and a back intermediate surface that is optically smooth, flat, and parallel (Travers’966, Paragraph 0013; Figures 1-3; Paragraph 0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light guide as disclosed by Schultz to have an intermediate layer as disclosed by Travers’966. One would have been motivated to do so for the purpose of improving the passing of light through the components (Travers’966; Paragraph 0013).
Regarding Claim 14, Schultz in view of Travers’966 discloses the image light guide of claim 13.
Schultz fails to disclose that the at least one intermediate layer includes a first intermediate layer adhered to the front surface of the transmissive substrate and a second intermediate layer adhered to the back surface of the transmissive substrate, and the first and second intermediate layers include respective front and back intermediate surfaces that are optically smooth, flat, and parallel.
However, Travers’966 discloses a similar light guide where the at least one intermediate layer includes a first intermediate layer adhered to the front surface of the transmissive substrate and a second intermediate layer adhered to the back surface of the transmissive substrate, and the first and second intermediate layers include respective front and back intermediate surfaces that are optically smooth, flat, and parallel (Travers’966, Figures 1-3; Paragraph 0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light guide as disclosed by Schultz to have an intermediate layer as disclosed by Travers’966. One would have been motivated to do so for the purpose of improving the passing of light through the components (Travers’966; Paragraph 0013).
Regarding 15, Schultz in view of Travers’966 discloses the image light guide of claim 12.
Schultz fails to disclose that the at least one outer layer includes a first outer layer adhered to the front intermediate surface of the first intermediate layer and a second outer layer adhered to the back intermediate surface of the second intermediate layer, and the first and second outer layers include respective front and back outer surfaces that are optically smooth, flat, and parallel.
However, Travers’966 discloses a similar light guide where the at least one outer layer includes a first outer layer adhered to the front intermediate surface of the first intermediate layer and a second outer layer adhered to the back intermediate surface of the second intermediate layer, and the first and second outer layers include respective front and back outer surfaces that are optically smooth, flat, and parallel (Travers’966, Figures 1-3; Paragraph 0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light guide as disclosed by Schultz to have an intermediate layer as disclosed by Travers’966. One would have been motivated to do so for the purpose of improving the passing of light through the components (Travers’966; Paragraph 0013).
Regarding Claim 20, Schultz discloses the method of claim 18.
Schultz fails to disclose that the step of coating includes coating the transmissive substrate with at least one intermediate layer having a refractive index matching the refractive index of the transmissive substrate and then coating the at least one intermediate layer with the at least one outer layer so that one or more interfaces between the at least one outer layer and the at least one intermediate layer are formed parallel to one or more outer surfaces of the one or more outer layers.
However, Travers’966 discloses a similar method where the step of coating includes coating the transmissive substrate with at least one intermediate layer having a refractive index matching the refractive index of the transmissive substrate and then coating the at least one intermediate layer with the at least one outer layer so that one or more interfaces between the at least one outer layer and the at least one intermediate layer are formed parallel to one or more outer surfaces of the one or more outer layers (Travers’966, Figures 1-3; Paragraph 0013; Paragraph 0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light guide as disclosed by Schultz to have an intermediate layer as disclosed by Travers’966. One would have been motivated to do so for the purpose of improving the passing of light through the components (Travers’966; Paragraph 0013).
Claims 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Schultz in view of Gao et al (US Publication No.: US 2018/0275409 A1, “Gao”).
Regarding Claim 11, Schultz discloses the image light guide of claim 1.
Schultz fails to disclose that the at least one of the in-coupling and out- coupling optics is a diffraction grating having diffractive features formed at differential depths in or on the at least one outer layer and is spaced apart from an interface between the transmissive substrate and the at least one outer layer such that refraction at the interface reduces the amount of diffraction required for directing light into or out of the waveguide.
However, Gao discloses a similar light guide where the at least one of the in-coupling and out- coupling optics is a diffraction grating having diffractive features formed at differential depths in or on the at least one outer layer and is spaced apart from an interface between the transmissive substrate and the at least one outer layer such that refraction at the interface reduces the amount of diffraction required for directing light into or out of the waveguide (Gao, Paragraph 0110; Figures 13A-13B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light guide as disclosed by Schultz to have particular diffractive features as disclosed by Gao. One would have been motivated to do so for the purpose of improving light transmission and reducing diffraction (Gao, Paragraphs 0119-0121).
Regarding Claim 19, Schultz discloses the method of claim 18.
Schultz fails to disclose that the at least one of the in-coupling and out-coupling diffractive optics is a diffraction grating having diffractive features formed at differential depths in or on the at least one outer layer and is spaced apart from an interface between the lower and higher refractive index materials so that refraction at the interface reduces the amount of diffraction required for directing light into or out of the waveguide.
However, Gao discloses a similar method where the at least one of the in-coupling and out-coupling diffractive optics is a diffraction grating having diffractive features formed at differential depths in or on the at least one outer layer and is spaced apart from an interface between the lower and higher refractive index materials so that refraction at the interface reduces the amount of diffraction required for directing light into or out of the waveguide (Gao, Paragraph 0110; Figures 13A-13B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light guide as disclosed by Schultz to have particular diffractive features as disclosed by Gao. One would have been motivated to do so for the purpose of improving light transmission and reducing diffraction (Gao, Paragraphs 0119-0121).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Schultz in view of Travers’966 in further view of Travers (US Publication No.: US 2020/0192102 A1, “Travers’102”).
Regarding Claim 16, Schultz in view of Travers’966 discloses the image light guide of claim 12.
Schultz fails to disclose that the refractive index of the transmissive substrate and the at least one intermediate layer is 1.6 or less and the refractive index of the at least one outer layer is greater than 1.6.
However, Travers’102 discloses a similar light guide where the refractive index of the transmissive substrate and the at least one intermediate layer is 1.6 or less and the refractive index of the at least one outer layer is greater than 1.6 (Travers’102; Paragraph 0027 discloses a polymeric material known to have a refractive index of 1.6 or less).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light guide as disclosed by Schultz to have a particular refractive index as disclosed by Travers’102. One would have been motivated to do so for the purpose of optimizing light transmission (Travers’102, Paragraph 0004; Paragraph 0027).
Regarding Claim 17, Schultz in view of Travers’966 and Travers’102 discloses the image light guide of claim 16, wherein the refractive index of the at least one outer layer is greater than 1.7 (Schultz, Paragraph 0080 discloses an outer layer comprised of Nb2O5, which is known to have a second refractive index of 2.3).
Conclusion
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/MARIAM QURESHI/Examiner, Art Unit 2871