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
Applicant's election with traverse of Species A (claims 1-6 and 10) in the reply filed on June 2, 2026 is acknowledged. The traversal is on the ground(s) that the search for the different species is significantly overlap and would not appear to be a serious burden. This is not found persuasive because the different species are exclusive from each other and the overlap of the search is very limited since the significant portions of the different species are each related to a totally different technology.
The requirement is still deemed proper and is therefore made FINAL.
Claims 7-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on June 2, 2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The phrase “a hologram light guide” recited in claim 1 is confusing and indefinite since it is not clear whether the light guide is a hologram itself or the light guide comprises a holographic optical element. For the purpose of examination, this phrase is being interpreted as “a light guide comprises a holographic optical element”. However proper clarification and correction are required.
Claims 2-6 and 10 inherit the rejection from their respective base claim.
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.
Claim(s) 1-2, 5-6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US patent issued to Sato et al (PN. 12,222,553).
Sato et al teaches, with regard to claim 1, an image display device that is comprised of a light guide plate (16, Figures 1-3) and a display element (12, Figure 3) serves as the display light generator configured to cause a plurality of types of display light, such as unpolarized light or circularly polarized light, (please see column 9, lines 1-14). The unpolarized light may comprise different components of light with different polarization states or different optical characteristics. The display light is incident one an incident region (18) of the light guide plate. The light guide plate further includes a first diffraction element (24a) serves as the first emission region for causing a first type, such as right circularly polarized light, (please see column 15, lines 42-47), of the display light to form an image and a second diffraction element (24b) serves as the second emission region for causing a second type, such as left circularly polarized light, of the display light to form an image.
Sato et al teaches that the image display device further includes diffraction gratings (20a and 20b) serves a distribution region that depends on the optical characteristic, such that a diffraction grating (20a) for reflecting and guiding right circularly polarized light incident from the incident region to the first emission region and a diffraction grating (20b) for reflecting and guiding left circularly polarized light incident from the incident region to the second emission region, respectively.
This reference has met all the limitations of the claims. It however does not teach explicitly that the light guide plate is a hologram light guide plate. But this phrase is rejected under 35 USC 112, second paragraph, for the reasons set forth above. This phrase is therefore being examined in the interpretation of “a light guide plate comprises holographic optical element”. Sato et al teaches that the diffraction gratings, such as diffraction gratings in the incident regions and the emission regions may comprise hologram diffraction element, (please see column 29, lines 19-25). This means the light guide plate disclosed by Sato et al is also a hologram light guide plate. Furthermore, Sato et al teaches that the distribution regions comprise diffraction elements (20a and 20b, please see column 15, lines 48-53). Although this reference does not teach explicitly that the diffraction elements are hologram, such modification would have been obvious to one skilled in the art since hologram is a well-known type of the diffraction elements. To use a hologram as the diffraction elements of the distribution region is obvious modification by one skilled in the art for the benefit of use art well known hologram to achieve same function as the diffraction element.
With regard to claim 2, Sato et al teaches that the optical characteristic is a polarization direction of the display light, (please see column 15). The first type of the display light has a first polarization direction such as right circularly polarization direction and the second type of the display light has a second polarization direction such as left circularly polarization direction, (please see column 15, lines 26-53).
With regard to claim 5, it is implicitly true that the diffraction grating or the hologram of distribution region for reflecting and guiding the light of the first polarized light has to have the highest efficiency in the first polarization direction and to have a lowest efficiency in the second polarization direction.
With regard to claim 6, the hologram diffraction grating (24a) for the first emission region is configured to have diffraction efficiency in the first polarization direction is the highest and the hologram diffraction grating (24b) for the second emission region is configured to have diffraction efficiency in the second polarization direction is highest.
With regard to claim 10, Sato et al reference does not teach explicitly that the first emission region and the second emission region case the first type of the display light and the second type of the display light to form images at positions different from each other. However, it is within general level skilled in the art to modify the holographic diffraction grating for the emission regions to make the images formed at different positions for the benefit of providing different image properties.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al as applied to claim 1 above, and further in view of the US patent application publication by Jamali et al (US 2023/0194873 A1).
The image display device taught by Sato et al as described in claim 1 has met all the limitations of the claims.
With regard to claims 3 and 4, Sato et al teaches the image display light generator is capable to generate image light with both left and right circularly polarized lights. This reference however does not teach explicitly to include an optical element for switching the polarization direction. Jamali et al in the same field of endeavor teaches an image display device that is comprised of a polarization switching element that is comprised of a half-wave plate being mounted on a rotation stage, (please see paragraph [0052]) to switch polarization direction of the display light. It is known in the art that the half-wave plate may change the handiness of the circular polarization direction. It would then have been obvious to one skilled in the art to apply the teachings of Jamali et al to include an optical element which is a half wave plate for benefit of switching the polarization direction between the first polarization direction and the second polarization direction to provide the display light from the display light generator with both right and left circular polarized lights.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US patent application publication by Robbins et al (US 2018/0113309 A1) teaches a wave guide based display device that is capable of providing emission regions for causing display light having a first polarization direction and a second polarization direction to form an image, respectively.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREY Y CHANG whose telephone number is (571)272-2309. The examiner can normally be reached M-TH 9:00AM-4:30PM.
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AUDREY Y. CHANG
Primary Examiner
Art Unit 2872
/AUDREY Y CHANG/ Primary Examiner, Art Unit 2872
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