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 .
Election/Restrictions
Claims 2-31, 35-40, 42-51, 54-56, 59, 61, 65-66, 68-78 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/10/2026.
Applicant’s election without traverse of claims 1, 32-34, 41, 52-53, 57-58, 60, 62-64, and 67 in the reply filed on 8/10/2026 is acknowledged.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 8/22/2024, 8/26/2024, 10/23/2024, 1/3/2025, and 3/26/2025. An initialed copy is attached to this Office Action.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1, 32-34, 41, 52-53, 57-58, 60, 62-64, and 67 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 15-16, 21, and 26 of copending Application No. 18/211,789 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of the claim limitations summarized in the table below. Identical portions of the reference claims have been bolded for ease of identification.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
18/734,193
18/211,789
1. An anamorphic near-eye display apparatus comprising: an illumination system comprising a spatial light modulator, the illumination system being arranged to output light; and an optical system arranged to direct light from the illumination system to a viewer's eye, wherein the optical system has an optical axis and has anamorphic properties in a lateral direction and a transverse direction that are perpendicular to each other and perpendicular to the optical axis, wherein the spatial light modulator comprises
pixels distributed in the lateral direction, and the optical system comprises: a transverse anamorphic component having positive optical power in the transverse direction, wherein the transverse anamorphic component is arranged to receive light from the spatial light modulator and the illumination system is arranged so that light output from the transverse anamorphic component is directed in directions that are
distributed in the transverse direction; an input waveguide arranged to receive light from the transverse anamorphic component; a partially reflective mirror, the input waveguide being arranged to guide light from the transverse anamorphic component to the partially reflective mirror along the input waveguide, and the partially reflective mirror being arranged to reflect at least some of that light; an intermediate waveguide arranged to receive at least some of the light reflected by the partially reflective mirror, a lateral anamorphic component having positive optical power in the lateral direction, the intermediate waveguide being arranged to guide the light received from the partially reflective mirror to the lateral anamorphic component along the intermediate
waveguide in a first direction; a light reversing reflector that is arranged to reflect light that has been guided along the intermediate waveguide in the first direction so that the reflected light is guided along the intermediate waveguide in a second direction opposite to the first direction to the partially reflective mirror, the partially reflective mirror being arranged to transmit at
least some of that light; and an extraction waveguide arranged to receive at least some of the light transmitted by the partially reflective mirror that has been guided in the second direction along the intermediate waveguide,
wherein the extraction waveguide comprises an array of reflective extraction features, the reflective extraction features being arranged to extract light guided along the extraction waveguide towards an eye of a viewer, the array of reflective extraction features being distributed along the extraction waveguide so as to provide exit pupil expansion.
1. An anamorphic near-eye display apparatus comprising: an illumination system comprising a spatial light modulator, the illumination system being arranged to output light; and an optical system arranged to direct light from the llumination system to a viewer's eye, wherein the optical system has an optical axis and has anamorphic properties in a lateral direction and a transverse direction that are perpendicular to each other and perpendicular to the optical axis, wherein the spatial light modulator comprises pixels distributed in the lateral direction, and the optical system comprises: a transverse anamorphic component having positive optical power in the transverse direction, wherein the transverse anamorphic component is arranged to receive light from the spatial light modulator and the illumination system is arranged so that light output from the transverse anamorphic component is directed in directions that are distributed in the transverse direction; an extraction waveguide arranged to receive light from the transverse anamorphic component; a lateral anamorphic component having positive optical power in the lateral direction, the extraction waveguide being arranged to guide light from the transverse anamorphic component to the lateral anamorphic component along the extraction waveguide in a first direction; and
a light reversing reflector that is arranged to reflect light that has been guided along the extraction waveguide in the first direction so that the reflected light is guided along the extraction waveguide in a second direction opposite to the first direction, wherein the extraction waveguide comprises an array of extraction features, the array of extraction features being arranged to transmit light guided along the extraction waveguide in the first direction and to extract light guided along the extraction waveguide in the second direction towards an eye of a viewer, the array of extraction features being distributed along the extraction waveguide so as to provide exit pupil expansion, and the lateral anamorphic component comprises: a reflective linear polariser polarizer disposed between the light reversing reflector and the array of extraction features; and a polarisation polarization conversion retarder disposed between the reflective linear polariser polarizer and the light reversing reflector, the polarisation polarization
conversion retarder being arranged to convert a polarisation polarization state of light passing
therethrough between a linear polarisation polarization state and a circular polarisation
polarization state.
21. (Previously Presented) An anamorphic near-eye display apparatus according to claim 1, wherein the optical system further comprises:
an input waveguide arranged to receive light from the transverse anamorphic component; a partially reflective mirror, the input waveguide being arranged to guide light from the transverse anamorphic component to the partially reflective mirror along the input waveguide, and the partially reflective mirror being arranged to reflect at least some of that light; an intermediate waveguide arranged to receive at least some of the light reflected by the partially reflective mirror; a lateral anamorphic component having positive optical power in the lateral direction, the intermediate waveguide being arranged to guide the light received from the partially reflective mirror to the lateral anamorphic component along the intermediate waveguide in a first direction; a light reversing reflector that is arranged to reflect light that has been guided along the intermediate waveguide in the first direction so that the reflected light is guided along the intermediate waveguide in a second direction opposite to the first direction to the partially reflective mirror, the partially reflective mirror being arranged to transmit at least some of that light; and wherein the extraction waveguide is arranged to receive at least some of the light transmitted by the partially reflective mirror that has been guided in the second direction along the intermediate waveguide.
32. An anamorphic near-eye display apparatus according to claim 1, wherein the extraction waveguide has a front guide surface and a rear guide surface, and the rear guide surface comprises extraction facets that are the reflective extraction features.
16. An anamorphic near-eye display apparatus according to claim 1, wherein the extraction waveguide has a front guide surface and a rear guide surface, and
the rear guide surface comprises extraction facets that are the array of extraction features, each extraction facet being arranged to reflect light guided in the second direction towards an eye of a viewer through the front guide surface.
52. An anamorphic near-eye display apparatus according to claim 1, wherein the transverse anamorphic component comprises a lens.
26. An anamorphic near-eye display apparatus according to claim 23, wherein the transverse anamorphic component further comprises at least one lens element.
63. An anamorphic near-eye display apparatus according to claim 1, wherein the reflective extraction features are inclined with respect to the first and second directions along the optical axis.
15. An anamorphic near-eye display apparatus according to claim 12, wherein the array of extraction features have a surface normal direction that is inclined with respect to the direction along the waveguide by an angle in the range 20 to 40 degrees.
Claims 33-34, 41, 53, 57-58, 60, 62, 64, and 67 are dependent from claim 1 and are rejected for the reasons given above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDI N THOMAS whose telephone number is (571)272-2341. The examiner can normally be reached Monday - Friday 7:30 - 3:30.
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, Stephone Allen can be reached at 571-272-2434. 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.
/BRANDI N THOMAS/ Primary Examiner, Art Unit 2872
Prosecution Insights