DETAILED ACTION
Election/Restrictions
Claims 11-23 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected. there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/29/2026.
Applicant’s election without traverse of claims 1-10 and 24 in the reply filed on 5/29/2026 is acknowledged.
Oath/Declaration
2. Oath and declaration filed on 6/7/2024 is accepted.
Information Disclosure Statement
3.The prior art documents submitted by application in the Information Disclosure Statement filed on 8/20/2024 and 6/7/2024 and 11/6/2025 and 2/11/2026 and 5/18/2026 have all been considered and made of record ( note the attached copy of form PTO – 1449).
Claim Rejections - 35 USC § 102
4. 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 ,7-10 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oppo Guangdong mobile telecommunication (CN 113 156 652 A).
Regarding claim 1, Oppo Guangdong mobile telecommunication (CN 113 156 652 A) A lens stack assembly comprising (paragraph 0072-0076) (figure 7 and 8): a waveguide (620) (figures 7 and 8) disposed between a first lens (682) and a second lens (684)(figures 7 and 8) , the waveguide configured to in couple display light at an in coupler and outcouple the display light at an out coupler(620) (figures 7 and 8), wherein a tint at the second lens has a first level of light transmission for light with a first optical characteristic associated with the display light and a lower, second level of light transmission for light with a second optical characteristic ( paragraph 0075 and figures 684 )..
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Regarding claim 2, Oppo Guangdong mobile telecommunication (CN 113 156 652 A) wherein the first optical characteristic comprises a first wavelength range and the second optical characteristic comprises wavelengths outside of the first wavelength range (figures 7 and 8, paragraph 0076 different wavelength).
Regarding claim 4, Oppo Guangdong mobile telecommunication (CN 113 156 652 A) discloses, wherein the tint comprises a bulk tint incorporated into a substrate of the first lens (i.e., sunglasses lens can be made by applying the tinting element directly into the bulk of the lens or as a coating on the lens).
Regarding claim 5, Oppo Guangdong mobile telecommunication (CN 113 156 652 A) discloses, wherein the tint comprises a surface coating tint applied to a major surface of the first lens (i.e., sunglasses lens can be made by applying the tinting element directly into the bulk of the lens or as a coating on the lens).
Regarding claim 7, Oppo Guangdong mobile telecommunication (CN 113 156 652 A) discloses, wherein the tint comprises a photochromic tint or an electrochromic tint (paragraph 0075 discloses an eye -side lens which is a functional lens (electrochromic lens) used for modulating the external (ambient) light signal and the transmittance of the effective signal in an automatic manner.
Regarding claim 8, Oppo Guangdong mobile telecommunication (CN 113 156 652 A) discloses, wherein the tint changes based on one or more environmental factors to alter the second level of light transmission (paragraph 0075 discloses an eye -side lens which is a functional lens (electrochromic lens) used for modulating the external (ambient) light signal and the transmittance of the effective signal in an automatic manner.
Regarding claim 9, Oppo Guangdong mobile telecommunication (CN 113 156 652 A) discloses, wherein the first lens (682) is configured as a world-side lens, and the second lens (684) (figure 7 and 8) is configured as an eye-side lens to be closer to a user than the first lens.
Regarding claim 10, Oppo Guangdong mobile telecommunication (CN 113 156 652 A) discloses, wherein the second optical characteristic is associated with ambient light from a source external to a wearable head mounted display (WHMD) comprising the lens stack assembly effective signal in an automatic manner (paragraph 0075 discloses an eye -side lens which is a functional lens (electrochromic lens) used for modulating the external (ambient) light signal and the transmittance of the effective signal in an automatic manner).
Regarding claim 24, Oppo Guangdong mobile telecommunication (CN 113 156 652 A) a method to control light in a wearable head-mounted display (WHMD (figure 1) ) comprising a lens stack assembly (paragraph 0072-0076, figures 7 and 8) with a waveguide disposed between a world-side lens and an eye-side lens (620) (figures 7 and 8), the method comprising: in coupling display light with a first optical characteristic at an in coupler; outcoupling the in coupling display light to a user through the eye-side lens, wherein a tint at the eye-side lens has a first level of light transmission for the first optical characteristic (paragraph 0076 -e.g., sunglasses lenses or anti-blue lenses); ; and at least partially blocking ambient light from an external source of the WHMD at the eye- side lens (paragraph 0076, e.g., sunglasses lenses or anti-blue lenses) wherein the tint at the eye-side lens has a second level of light transmission, lower than the first level of light transmission, for a second optical characteristic that is associated with the ambient light(paragraph 0076 -e.g., sunglasses lenses or anti-blue lenses) .
Claim Rejections - 35 USC § 103
5.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 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 rejected under 35 U.S.C. 103 as being unpatentable over Oppo Guangdong mobile telecommunication (CN 113 156 652 A) in view of Akkaya Onur et al (2019/0346918 A1).
Regarding claim 3, depends on claim 1, Oppo Guangdong mobile telecommunication discloses all of the claimed limitations except a first polarization state and a second polarization state different than the first polarization state, and wherein the tint is polarization selective to transmit light with the first polarization state and block light with the second polarization state ( describes use of lenses which are polarized with adjustable length ,paragraph 0040,paragraph 0042-0043).
It would have been obvious to one of ordinary skill in the art teaching of a first polarization state and a second polarization state different than the first polarization state, and wherein the tint is polarization selective to transmit light with the first polarization state and block light with the second polarization state in to the Oppo Guangdong mobile telecommunication optics for switching between near to eye display modes includes a waveguide combiner as taught by Onur et al (abstract).
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Oppo Guangdong mobile telecommunication (CN 113 156 652 A) in view of Dominguez et al (2021/0231951 A1)
Regarding claim 6, depends on claim 1, Oppo Guangdong mobile telecommunication (CN 113 156 652 A) discloses all of the claimed limitations except wherein the tint comprises a gradient tint with a gradient along a first direction on the major surface of the first lens or in a second direction traversing a thickness of the first lens.
Dominguez et al (2021/0231951 A1) discloses wherein the tint comprises a gradient tint with a gradient along a first direction on the major surface of the first lens or in a second direction traversing a thickness of the first lens (paragraph 0009).
It would have been obvious to one of ordinary skill in the art teaching of the tint comprises a gradient tint with a gradient along a first direction on the major surface of the first lens or in a second direction traversing a thickness of the first lens in to the Oppo Guangdong mobile telecommunication optics for the light guiding is transparent to a first real world as taught by Dominguez et al (abstract).
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED A HASAN whose telephone number is (571)272-2331. The examiner can normally be reached M-TH 6 AM -4 PM.
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/MOHAMMED A HASAN/Primary Examiner, Art Unit 2872 6/9/2026
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