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 statement (IDS) submitted on 06/26/2024 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-6, 8, and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Popovich (US 2018/0232048).
Regarding claim 1, Popovich discloses a display device (see Fig 41) comprising: an image light emitter that emits image light beams of a left-eye image and a right-eye image (see Fig 41; Para [0206]; two separate light sources labelled 527 are placed for a right and a left eye and emit light beams 1570 to their respective eye); a memory (see Fig 23; Para [0182]; processor of the device may contain a memory device for storage of captured eye image); and a processor coupled to the memory and configured to control the image light emitter (see Fig 23; Para [0182]; processor which includes memory device configured to control illumination light)
The first embodiment of Popovich does not disclose wherein a light guide body having an emission surface from which light incident from the image light emitter is emitted; wherein the light guide body includes: a holographic element on which the image light beams emitted from the image light emitter are incident; and a light guide portion enclosing the holographic element; and the processor is configured to: identify positions of both eyes of a user based on a captured image of an imager that captures both eyes of the user and adjust positions where the image light beams are incident on the holographic element according to the positions of the both eyes of the user.
A second embodiment of Popovich discloses a display device (see Fig 51) wherein a light guide body having an emission surface from which light incident from the image light emitter is emitted (see Fig 51; Para [0216]; object tracker may comprise a waveguide 640 having an emission grating 641 from which light incident from light emitter labelled 644 in the Fig 51 from which beam 1700 extends from); wherein the light guide body includes: a holographic element on which the image light beams emitted from the image light emitter are incident (see Fig 51; Para [0216]; an input light coupler 643 receives emitter light; input couplers/grating may include volume holograms); and a light guide portion enclosing the holographic element (see Fig 51; Para [0216]; the waveguide 640 surrounds the input light coupler 643)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify the first embodiment of Popovich with wherein a light guide body having an emission surface from which light incident from the image light emitter is emitted; wherein the light guide body includes: a holographic element on which the image light beams emitted from the image light emitter are incident; and a light guide portion enclosing the holographic element of the second Popovich for the purpose of improving outcoupling of emitted light and in coupling of incident light in a single device (Para [0216])
The first two embodiments of Popovich fail to disclose wherein the processor is configured to: identify positions of both eyes of a user based on a captured image of an imager that captures both eyes of the user and adjust positions where the image light beams are incident on the holographic element according to the positions of the both eyes of the user.
A third embodiment of Popovich discloses a display device (see Fig 68) and the processor is configured to: identify positions of both eyes of a user based on a captured image of an imager that captures both eyes of the user (see Fig 68; Para [0168 and 182]; a processor captures an image from the detector 113 of each eye and identifies eye location); adjust positions where the image light beams are incident on the holographic element according to the positions of the both eyes of the user (see Fig 68; Para [0233-0234]; a vergence accommodation system may be implemented to adjust displayed image focus based on position of user gaze).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Popovich with the processor is configured to: identify positions of both eyes of a user based on a captured image of an imager that captures both eyes of the user adjust positions where the image light beams are incident on the holographic element according to the positions of the both eyes of the user of the third embodiment of Popovich for the purpose of improving vergence accommodation thorough quick grating switching (Para [0234])
Regarding claim 2, Popovich discloses the display device according to claim 1 (see Fig 41). The third embodiment of Popovich further discloses wherein the processor is configured to adjust positions where the image light beams are incident on the holographic element according to the positions of the both eyes of the user, and control the image light emitter to change the left-eye image and the right-eye image (see Fig 68; Para [0233-0234]; a vergence accommodation system may be implemented to adjust displayed image focus based on position of user gaze; processor is involved in switching of active grating to change focus of emitted light thus changing the light beam incidence on the holographic element 915A-D).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Popovich with wherein the processor is configured to adjust positions where the image light beams are incident on the holographic element according to the positions of the both eyes of the user, and control the image light emitter to change the left-eye image and the right-eye image of the third embodiment of Popovich for the purpose of improving vergence accommodation thorough quick grating switching (Para [0234])
Regarding claim 3, Popovich discloses the display device according to claim 1 (see Fig 41). The second embodiment of Popovich further discloses wherein the holographic element includes an incident holographic element on which the image light beams are incident, a turning holographic element on which the image light beams emitted from the incident holographic element are incident, and an emission holographic element on which the image light beams emitted from the turning holographic element are incident and that emits the image light beams from the emission surface (see Fig 51; Para [0216, 0250]; illumination waveguide 640 includes an input coupler 643 which receive light beams from emitter; a fold grating 648 equivalent to a turning element which receives light beams from input coupler; and an emission coupler 641 which receives light from fold gratings 648 and emits image light beams from the surface of waveguide 640; illumination waveguide 640 may use volume holograms as stated in Para [0252]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify the first embodiment of Popovich with wherein the holographic element includes an incident holographic element on which the image light beams are incident, a turning holographic element on which the image light beams emitted from the incident holographic element are incident, and an emission holographic element on which the image light beams emitted from the turning holographic element are incident and that emits the image light beams from the emission surface of the second Popovich for the purpose of improving outcoupling of emitted light and in coupling of incident light in a single device (Para [0216])
Regarding claim 4, Popovich discloses the display device according to claim 3 (see Fig 41). The third embodiment of Popovich further discloses wherein the processor is configured to determine emission positions at which the image light beams are emitted from the emission holographic element based on positions of both eyes of the user, determine turning positions at which the image light beams are emitted from the turning holographic element based on the emission positions, and determine incident positions at which the image light beams are incident on the incident holographic element based on the turning positions (see Fig 68; Para [0233-0234]; examiner is interpreting this to be equivalent to the means of addressing accommodation-convergence conflict which involves the device triangulating left and right eye gaze and determining which switching active gratings to focus light at a specific focal distance depending on the information from the gaze detector; determined emission beams are collimated beams from element 912; turning position is determined based on which turning holographic element, elements 915A-D, is used from which an incident focal position may be determined).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Popovich with wherein the processor is configured to determine emission positions at which the image light beams are emitted from the emission holographic element based on positions of both eyes of the user, determine turning positions at which the image light beams are emitted from the turning holographic element based on the emission positions, and determine incident positions at which the image light beams are incident on the incident holographic element based on the turning positions of the third embodiment of Popovich for the purpose of improving vergence accommodation thorough quick grating switching (Para [0234])
Regarding claim 5, Popovich discloses the display device according to claim 3 (see Fig 41). The first embodiment of Popovich further discloses wherein the light guide portion includes a light shielding member having a plurality of regions each capable of transitioning between a state where light is transmitted and a state where light is blocked (see Fig 28; Para [0187]; the waveguide may contain a plurality of active SBG columns that diffracts a P circularly polarized state of light towards eye and block the remaining light in the light trap).
Regarding claim 6, Popovich discloses the display device according to claim 5 (see Fig 41). The second embodiment of Popovich further discloses wherein the light shielding member is disposed in at least one of a place facing the emission surface of the emission holographic element and a place between the turning holographic element and the emission holographic element (see Fig 52; Para [0225]; a plurality of active SBG columns, element 674, may be placed facing the emission surface of element 680 as seen in Fig 52).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify the first embodiment of Popovich with wherein the light shielding member is disposed in at least one of a place facing the emission surface of the emission holographic element and a place between the turning holographic element and the emission holographic element of the second Popovich for the purpose of improving outcoupling of emitted light and in coupling of incident light in a single device (Para [0216])
Regarding claim 8, Popovich discloses the display device according to claim 1 (see Fig 41). The first embodiment of Popovich further discloses wherein a propagation distance indicating an interval of the image light beams emitted from the emission surface is set to a value at which crosstalk does not occur according to a pupillary distance indicating a distance between a pupil of a right eye and a pupil of a left eye of the user (see Fig 41; Para [0190, 0205]; examiner is taking the propagation distance to be the distance between emitted beams as seen in Figs 40 and 41; examiner is interpreting crosstalk as equivalent to no crossing of respective beams between two eye; since eye boxes for each eye are individual no cross talk would occur; the third embodiment discloses pupil localization involving determining an X and Y position of each eye; setting a focal position calculated to a user’s gaze prevents crosstalk of light rays within the same eyebox).
Regarding claim 10, Popovich discloses the display device according to claim 3 (see Fig 41). The first embodiment of Popovich further discloses wherein the image light beams emitted from the emission holographic element have a left-eye image light region and a right-eye image light region (see Fig 41; Para [0206]; left and right each have their own light channels), and the emission holographic element enlarges the left-eye image light region and the right-eye image light region (see Fig 41; Para [0202]; examiner is interpreting to be equivalent to how a fold grating expands the in coupled beams thereby expanding the reach of the displayed light through the grating structures as stated in Para [0202]) so that the left-eye image light region and the right-eye image light region are capable of absorbing movement of corresponding eyes in predetermined ranges, and emits the image light beams (Para [0201]; tracking of eye can be done over a +/- 15 degree range and by using SBG elements arranged in columns and rows)
Regarding claim 11, Popovich discloses the display device according to claim 10 (see Fig 41). The first embodiment of Popovich further discloses wherein the emission holographic element emits the image light beams such that emission images at emission positions of the emission holographic element corresponding to the positions of the eyes of the user and emission images at emission positions adjacent to the emission positions of the emission holographic element corresponding to the positions of the eyes of the user are continuously disposed on the emission surface of the light guide body (see Fig 76; Para [0233-0234, 0242]; examiner is interpreting this to be equivalent to how each eye has its own set of waveguide structures as seen in Fig 41 and how data from each eye is used to calculate an accommodation plane from which a display light may be angled to focus onto a calculated plane surface).
Regarding claim 12, Popovich discloses the display device according to claim 3 (see Fig 41). The third embodiment of Popovich further discloses wherein the image light beams emitted from the emission holographic element have a left-eye image light region and a right-eye image light region, and the emission holographic element emits the image light beams in a state where the left-eye image light region and the right-eye image light region corresponding to the incident image light beams are inclined on the emission surface of the light guide body by a predetermined angle with respect to a direction orthogonal to a left-right direction of a mobile body on which the display device is mounted (see Fig 76; Para [0233-0234, 0242]; examiner is interpreting this to be equivalent to how each eye has its own set of waveguide structures as seen in Fig 41 and how data from each eye is used to calculate an accommodation plane from which a display light may be angled to focus onto a calculated plane surface by grating switching).
Regarding claim 13, Popovich discloses the display device according to claim 12 (see Fig 41). The third embodiment of Popovich further discloses wherein the emission holographic element emits the image light beams such that emission images at emission positions of the emission holographic element corresponding to the positions of the eyes of the user and emission images at emission positions adjacent to the emission positions of the emission holographic element corresponding to the positions of the eyes of the user are continuously disposed on the emission surface of the light guide body (see Fig 68; Para [0233]; examiner is interpreting this to be equivalent to the means of addressing accommodation-convergence conflict which involves the device determining an emission focal position of the display light based on the determined triangulated left and right eye gaze intersections and adjusting the display accordingly as seen in Figs 76).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Popovich with wherein the emission holographic element emits the image light beams such that emission images at emission positions of the emission holographic element corresponding to the positions of the eyes of the user and emission images at emission positions adjacent to the emission positions of the emission holographic element corresponding to the positions of the eyes of the user are continuously disposed on the emission surface of the light guide body of the third embodiment of Popovich for the purpose of improving vergence accommodation thorough quick grating switching (Para [0234])
Regarding claim 14, Popovich discloses the display device according to claim 3 (see Fig 41). The embodiments of Popovich do not disclose wherein the light guide portion further includes a reflection member disposed in a portion facing the incident holographic element and the turning holographic element.
A fourth embodiment of Popovich further discloses a display device (see Fig 59) wherein the light guide portion further includes a reflection member disposed in a portion facing the incident holographic element and the turning holographic element (see Fig 59; Para [0226]; waveguide structure may contain mirror surface 808 which is disposed facing the holographic elements, 809-811, as seen in Fig 59).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify the embodiments of Popovich with wherein the light guide portion further includes a reflection member disposed in a portion facing the incident holographic element and the turning holographic element of the fourth embodiment of Popovich for the purpose of reducing the size of the device allowing for a compact design as seen in Fig 59 (Para [0226]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Popovich (US 2018/0232048) in view of Mei (US 2016/0042221).
Regarding claim 9, Popovich discloses the display device according to claim 1 (see Fig 41). Popovich does not disclose wherein a propagation distance indicating an interval of the image light beams emitted from the emission surface is set to a value larger than 35 mm and smaller than 60 mm. Popovich and Mei are related because both disclose display devices.
Mei discloses a display device (see Fig 4) wherein a propagation distance indicating an interval of the image light beams emitted from the emission surface is set to a value larger than 35 mm and smaller than 60 mm (see Fig 4; Para [0056]; propagation distance between emission elements may be up to 53mm)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Popovich with wherein a propagation distance indicating an interval of the image light beams emitted from the emission surface is set to a value larger than 35 mm and smaller than 60 mm of Mei for the purpose of improving the gaze tracking accuracy by varying multiple light emission points (Para [0002]).
Allowable Subject Matter
Claim 7 is 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 taken either singularly or in combination fails to anticipate or fairly suggest the limitations of the dependent claim 7 in such a manner that a rejection under 35 U.S.C. §102 or §103 would be proper. Regarding independent claim 7, the prior art fails to teach “the processor is configured to control the light shielding member such that a plurality of regions on the light shielding member corresponding to the plurality of users on a one-to-one basis are in a state where light is transmitted in a time division manner”, along with the structural limitations positively recited in claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pusch (US 10,242,501) discloses an augmented reality tracking system that is capable of gaze tracking multiple users, however, fails to remedy the deficiencies of claim 7.
Palacios (US 2019/0107720) discloses a method of projecting augmentation imagery in a head-mounted display including an eye tracking system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL ANDRES SANZ whose telephone number is (571)272-3844. The examiner can normally be reached Monday-Friday 8:30 am -5:30 pm.
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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.
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/G.A.S./Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
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