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 .
Claims 1-19 are currently pending in the present application.
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, 12-17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oh (US 20230393398).
Re: claim 1, Oh discloses a display source 930 (Fig. 11E) configured to generate a display image (capability disclosed in para. 111 “An image projector 930 for producing an image…”); a support structure 80 wearable by a user 90 (Fig. 2); a display surface (Fig. 11E, the bottom horizontally extending surface of element 940) configured to reflect the display image into an eye location 908 associated with an eye 210 of the user (capability disclosed in Fig. 11E & para. 113 which discloses that waveguide 940 has total internal reflection between its major surfaces); an optical path 942, 952 comprising either a single optical element or a sequence of two or more optical elements (paras. 116 & 119 disclose grating; paras. 117 & 120 disclose mirror, polarizer), the optical path configured to direct the display image in a first direction from the display source 930 toward the display surface (Fig. 11E discloses light 902, illustrated in cross-hatching, emanating from display source 930 to the user); at least one illuminator 960 disposed outside the optical path (disposition of 960 separate & outside of element 942, 952 disclosed in Fig. 11E), the at least one illuminator 960 optically coupled to the optical path 942, 952 via at least one illuminator waveguide 940 (optical coupling disclosed in Figs. 11E), the at least one illuminator waveguide 940 configured to vector an output 902 of the at least one illuminator 960 into the optical path 942, 952 to be reflected by the display surface (Fig. 11E, the bottom horizontally extending surface of element 940) into the eye location 210 (reflective capability disclosed in Fig. 11E); and an image sensor 920 disposed outside the optical path 942, 952 (disposition of 920 separate and outside of 942, 952 disclosed in Fig. 12E), the image sensor 920 optically coupled to the optical path via at least one imaging waveguide 940 (optical coupling disclosed in Fig. 12E), the image sensor 920 configured to capture an ocular image 910 from the display surface via the at least one imaging waveguide 940 and the optical path 942, 952 in a second direction opposite the first direction (configuration disclosed in Fig. 12E, where the second direction starts from the user eye/retina 210 and ends at image sensor 920, where Fig. 11E discloses the first direction starting from 930, 960 and ending at the user eye/retina 210, 908).
Re: claim 2, Oh discloses the limitations of claim 1, and Oh further discloses that the support structure includes a helmet wearable by the user (para. 68 discloses helmet).
Re: claim 4, Oh discloses the limitations of claim 1 and Oh further discloses that the optical path extends (extension disclosed in Fig. 11E) between a first end adjacent to the display source 930 and a second end proximate to the display surface (Fig. 11E, the bottom horizontally extending surface of element 940).
Re: claim 5, Oh discloses the limitations of claim 4 and Oh further discloses that the at least one illuminator waveguide 940 and the at least one imaging waveguide 940 are optically coupled to the optical path at one of the first end or the second end (optical coupling at the first end disclosed in Fig. 11E).
Re: claim 12, Oh discloses the limitations of claim 4, and Oh further discloses that the at least one illuminator waveguide 940 is optically coupled to the optical path at one of the first end or the second end (first end near element 960 disclosed in Fig. 11E); and wherein the at least one imaging waveguide 940 is optically coupled to the optical path at the other of the first end or the second end (coupling at second end by the bottom horizontally extending surface 940 disclosed in Fig. 11E).
Re: claim 13, Oh discloses the limitations of claim 4, and Oh further discloses that one or more of the at least one illuminator waveguide and the at least one imaging waveguide are optically coupled to the optical path between the first end and the second end (940 being disposed between 942 and 944 disclosed in Fig. 11E).
Re: claim 14, Oh discloses the limitations of claim 13 and Oh further discloses that the at least one illuminator waveguide and the at least one imaging waveguide are optically coupled to the optical path at different points between the first end and the second end (Fig. 11E, where the incoupling side of waveguide 940 proximate to 930/960 is between 942 and 944, and where the outcoupling side of waveguide 940 is between 942 and 944).
Re: claim 15, Oh discloses the limitations of claim 1, and Oh further discloses that the at least one illuminator includes a near-infrared (nIR) emitter (para. 128 discloses IR generally and specifically IR in the range of 850 nm and 940 nm).
Re: claim 16, Oh discloses the steps of providing, via a display source 930 attached to a head-worn display (HWD) 70, 80 (Fig. 2), a display image for presentation to a wearer 90 of the HWD (Fig. 11E; para. 111 discloses image being provided by image projector 930); positioning, via an optical path 942, 952 comprising one of a single optical element or a sequence of optical elements (paras. 116 & 119 disclose grating; paras. 117 & 120 disclose mirror, polarizer), the display image on a display surface (Fig. 11E, the bottom horizontally extending surface of element 940) of the HWD by projecting the display image in a first direction (projecting disclosed in Fig. 11E); reflecting, via the display surface, the display image into an eye location 908, 210 associated with an eye of the wearer 90; providing, via an illuminator 960 of the HWD disposed outside the optical path (disposition outside of 942, 952 disclosed in Fig. 11E), a luminous output 906 (Fig. 11E); vectoring, via at least one illuminator waveguide 940 optically coupling the illuminator 960 to the optical path (coupling disclosed in Fig. 11E), the luminous output 960 into the optical path in the first direction (Fig. 11E, where the first direction flows from 930 toward the user 210, 908); reflecting, via the display surface, the luminous output into the eye location (reflecting into eye 210, 908 disclosed in Fig. 11E); and capturing, via an image sensor 920 disposed outside the optical path (outside disclosed in Fig. 11E) and optically coupled to the optical path by at least one imaging waveguide 940 (disposition & coupling disclosed in Fig. 11E), an ocular image 910 reflected by the display surface via the at least one imaging waveguide and the optical path in a second direction opposite the first direction (reflection & flow in opposite direction disclosed in Fig. 12E), the ocular image associated with the eye 210, 908 of the wearer 90 (association disclosed in Fig. 12E).
Re: claim 17, Oh discloses the limitations of claim 16, and Oh further discloses that the HWD is a helmet-mounted display (HMD) (para. 68 discloses helmet).
Re: claim 19, Oh discloses the limitations of claim 16, and Oh further discloses the step of providing, via an illuminator 960 of the HWD disposed outside the optical path (disposition disclosed in Fig. 12E), a luminous output includes: providing, via a near-infrared (nIR) emitter (para. 128 discloses IR generally and specifically IR in the range of 850 nm and 940 nm) disposed outside the optical path, a near-infrared luminous output 914, 924 (disposition disclosed in Fig. 12E).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh in view of Haddick (US 20190041642).
Re: claim 3, Oh discloses the limitations of claim 2; however, Oh does not explicitly disclose that the display surface is associated with a visor of the helmet.
Haddick discloses that the display surface is associated with a visor of the helmet (para. 502 discloses “A further advantage that is provided by an optics module that includes multiply folded optics is that twists can be introduced at the fold surfaces to modify the orientation of different portions of the optics module relative to each other. This can be important when the optics module needs to fit into a thin curved glasses frame, a visor or a helmet where the increased width associated with the upper portion of the multiply folded optics module can make it more difficult to fit into structures that are not parallel to the combiner…In this way, the effects of the increased width of the upper portion of the multiply folded optics can be reduced when fitting the optics module into a curved structure such as glasses frames, a visor frame or a helmet structure.” See also Fig. 96).
It would have been obvious to a person of ordinary skill in the art at a time before the effective filing date of the claimed invention to have the display surface is associated with a visor of the helmet, as disclosed by Haddick, applied to the device disclosed by Oh for the purpose of incorporating augmented reality and/or head-up functionality into helmets worn by operators of motorcycles, bicycles, aircraft, space craft and other vehicles.
Re: claim 18, Oh discloses the limitations of claim 17; however, Oh does not explicitly disclose that the display surface is associated with a visor of the HMD.
Haddick discloses that the display surface is associated with a visor of the helmet (para. 502 discloses “A further advantage that is provided by an optics module that includes multiply folded optics is that twists can be introduced at the fold surfaces to modify the orientation of different portions of the optics module relative to each other. This can be important when the optics module needs to fit into a thin curved glasses frame, a visor or a helmet where the increased width associated with the upper portion of the multiply folded optics module can make it more difficult to fit into structures that are not parallel to the combiner…In this way, the effects of the increased width of the upper portion of the multiply folded optics can be reduced when fitting the optics module into a curved structure such as glasses frames, a visor frame or a helmet structure.” See also Fig. 96).
It would have been obvious to a person of ordinary skill in the art at a time before the effective filing date of the claimed invention to have the display surface is associated with a visor of the helmet, as disclosed by Haddick, applied to the method disclosed by Oh for the purpose of incorporating augmented reality and/or head-up functionality into helmets worn by operators of motorcycles, bicycles, aircraft, space craft and other vehicles.
Allowable Subject Matter
Claims 6-11 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA MEDICH whose telephone number is (313)446-4819. The examiner can normally be reached M-F 10:00 AM - 7:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth can be reached at 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANGELA M. MEDICH/Primary Examiner, Art Unit 2871
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