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 IDS filed to date have been considered.
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) 1-6, 8-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Messer (US 20200400955) herein after referred to as D1.
With regard to claim 1, D1 teaches an optical waveguide element, in at least (Fig. 9A); comprising: a first optical waveguide (690); a second optical waveguide (680), disposed on the first optical waveguide (690); a third optical waveguide (670), disposed on the second optical waveguide (680); and a grating (720 and 750), disposed between the first optical waveguide (690) and the second optical waveguide (680), wherein a refractive index ([0156] and [0157]) of the second optical waveguide (680) is smaller ([0157]; may be different between one or more waveguides) than a refractive index ([0156] and [0157]) of the first optical waveguide (690) and a refractive index ([0156] and [0157]) of the third optical waveguide (670).
With regard to claim 2, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein the refractive index ([0156] and [0157]) of the first optical waveguide (690) is within a range of 1.5 to 2, the refractive index ([0156] and [0157]) of the second optical waveguide (680) is within a range of 1.1 to 1.5, and the refractive index ([0156] and [0157]) of the third optical waveguide (670) is within the range of 1.5 to 2 ([0167]).
With regard to claim 3, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein a thickness ([0167]: 325 microns or less, though other thicknesses can also be used; [0171]: .325mm) of the first optical waveguide (690) is within a range of 0.05 mm to 2 mm, a thickness ([0167]: 325 microns or less, though other thicknesses can also be used; [0171]: .325mm) of the second optical waveguide (680) is within a range of 1 μm to 10 μm, and a thickness ([0167]: 325 microns or less, though other thicknesses can also be used; [0171]: .325mm) of the third optical waveguide (670) is within the range of 0.05 mm to 2 mm.
With regard to claim 4, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein the grating (720 and 750) comprises a coupling grating (720 and 750) ([0006]) and a pupil expansion grating (720 and 750) ([0209]), and the pupil expansion grating (720 and 750) ([0209]) allows light incident from the second optical waveguide (680) to pass through.
With regard to claim 5, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein a material of the second optical waveguide (680) is optical glue ([0156]: The waveguides may be spaced apart and separated by, for example, gas, liquid, or solid layers of material), and the second optical waveguide (680) completely covers the grating (720 and 750) (760b covers elements 720 and 750).
With regard to claim 6, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 5, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); further comprising: a plurality of supporting members (760a and 760b), supporting between the first optical waveguide (690) and the third optical waveguide (670).
With regard to claim 8, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 7, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); further comprising: a first adhesion layer (760b), disposed between the first optical waveguide (690) and the second optical waveguide (680); and, disposed between the second optical waveguide (680) and the third optical waveguide (670).
With regard to claim 9, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 8, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein refractive indexes ([0156] and [0157]) of the first adhesion layer (760b) and the second adhesion layer (760a) are within a range of 1.5 to 1.6 ([0156] and [0157]).
With regard to claim 10, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 8, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein thickness thicknesses ([0167]: 325 microns or less, though other thicknesses can also be used; [0171]: .325mm) of the first adhesion layer (760b) and the second adhesion layer (760a) are within a range of 1 μm to 100 μm ([0167]: 325 microns or less, though other thicknesses can also be used; [0171]: .325mm).
With regard to claim 11, D1 teaches a head-mounted display, comprising: a display, used to provide an image light; and an optical waveguide element, disposed on a transmission path of the image light and comprising: a first optical waveguide (690); a second optical waveguide (680), disposed on the first optical waveguide (690); a third optical waveguide (670), disposed on the second optical waveguide (680); and a grating (720 and 750), disposed between the first optical waveguide (690) and the second optical waveguide (680), wherein a refractive index ([0156] and [0157]) of the second optical waveguide (680) is smaller ([0157]; can be different) than a refractive index ([0156] and [0157]) of the first optical waveguide (690) and a refractive index ([0156] and [0157]) of the third optical waveguide (670).
With regard to claim 12, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein the refractive index ([0156] and [0157]) of the first optical waveguide (690) is within a range of 1.5 to 2 ([0156] and [0157]), the refractive index ([0156] and [0157]) of the second optical waveguide (680) is within a range of 1.1 to 1.5 ([0156] and [0157]), and the refractive index ([0156] and [0157]) of the third optical waveguide (670) is within the range of 1.5 to 2 ([0156] and [0157]).
With regard to claim 13, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein a thickness ([0167]: 325 microns or less, though other thicknesses can also be used; [0171]: .325mm) of the first optical waveguide (690) is within a range of 0.05 mm to 2 mm, a thickness ([0167]: 325 microns or less, though other thicknesses can also be used; [0171]: .325mm) of the second optical waveguide (680) is within a range of 1 μm to 10 μm, and a thickness ([0167]: 325 microns or less, though other thicknesses can also be used; [0171]: .325mm) of the third optical waveguide (670) is within the range of 0.05 mm to 2 mm.
With regard to claim 14, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein the grating (720 and 750) comprises a coupling grating ([0006]) and a pupil expansion grating ([0209]), and the pupil expansion grating ([0209]) allows light incident from the second optical waveguide (680) to pass through.
With regard to claim 15, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein a material of the second optical waveguide (680) is optical glue ([0156]: The waveguides may be spaced apart and separated by, for example, gas, liquid, or solid layers of material), and the second optical waveguide (680) completely covers the grating (720 and 750).
With regard to claim 16, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 15, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein the optical waveguide element further comprises: a plurality of supporting members (760a and 760b), supporting between the first optical waveguide (690) and the third optical waveguide (670).
With regard to claim 17, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein the optical waveguide element further comprises: a plurality of supporting members (760a and 760b), supporting between the first optical waveguide (690) and the third optical waveguide (670).
With regard to claim 18, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 17, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein the optical waveguide element further comprises: a plurality of supporting members (760a and 760b), supporting between the first optical waveguide (690) and the third optical waveguide (670).
With regard to claim 19, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 18, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein refractive indexes ([0156] and [0157]) of the first adhesion layer (760b) and the second adhesion layer (760a) are within a range of 1.5 to 1.6 ([0156] and [0157]).
With regard to claim 20, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 18, wherein D1 further teaches an optical waveguide, in at least (Fig. 9A; and [0156]-[0157]); wherein thickness ([0167]: 325 microns or less, though other thicknesses can also be used; [0171]: .325mm)es of the first adhesion layer (760b) and the second adhesion layer (760a) are within a range of 1 μm to 100 μm.
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(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Messer (US 20200400955) herein after referred to as D1 as applied to claim 1 above, and further in view of Popovich (US 10089516) herein after referred to as D2.
With regard to claim 7, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 does not expressly disclose, wherein a material of the second optical waveguide (680) comprises magnesium fluoride, calcium fluoride, or acrylic fluororesin.
In a related endeavor, D2 teaches a waveguide apparatus, in at least (Fig 17); wherein a waveguide (63) material comprising magnesium fluoride, calcium fluoride, or acrylic (Col. 22, Ln. 6-8) fluororesin (Col. 27, Ln. 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing dating of the claimed invention to provide the invention of D1 with a material of the second optical waveguide (680) comprises magnesium fluoride, calcium fluoride, or acrylic (Col. 22, Ln. 6-8) fluororesin (Col. 27, Ln. 30) as taught by D2 for the purpose of better adhering the waveguides together while maintaining the desired refractive indices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30.
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/GRANT A GAGNON/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872