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 .
Preliminary Amendments Acknowledged
The 11/14/2024 preliminary amendment includes: (a) paragraphs 0122, 0136, 0153, 0168 and 0188-0189 of the specification are currently amended; (b) claims 23 and 26 are currently amended; and (c) claims 1-22, 24-25 and 27-40 are original. The 12/02/2024 preliminary amendment includes paragraph 0079 of the abstract is currently amended. The 08/24/2025 preliminary amendment includes: (a) claims 41-43 are new; (b) claims 5, 14, 29, 33 and 37-38 are currently amended; (c) claims 23 and 26 are previously amended; and (d) claims 1-4, 6-13, 15-22, 24-25, 27-28, 30-32, 34-36 and 39-40 are original. Claims 1-43 are currently pending and an office action on the merits follows.
Information Disclosure Statement
As to the information disclosure statement filed 08/20/2024, the following reference was not considered by examiner because it was not available at the listed internet website: “KELLY, Shawn L., ‘Next Generation Wearable VR Displays using Modulated Subpupil Lighting’…”
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Thus, for each “means for” performing a specified function, examiner states below what is being interpreted as the specific structure, material or acts described in applicants' specification corresponding to each means for performing the specialized function along with the supporting portions of applicants' specification shown in italicized text.
Means For Generating Light
(Stated in Claim 23)
Claim 23 states the limitation(s) means for generating light, in which the identified means in applicant’s specification is a two-dimensional image-display array or a waveguide projector; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 19 and 54-55, reference numbers 52 106 and 152; para [0083], [0116], [0174]).
Means For Transforming Said Light To Light of A Virtual Image of Image Content
(Stated in Claims 23 and 42)
Claim 23 states the limitation(s) means for transforming said light to light of a virtual image of image content, in which the identified means in applicant’s specification is one or more magnifier lens(es); and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 16, reference numbers 16”’, 56, 56.1, 56.2, 56.3; para [0083], [0098] and [0180]).
Optical Subsystem Means For Projecting Said Light of Said Virtual Image Incorporating First and Second Apertures That Are Not Collocated1
(Stated in Claims 23 and 42)
Claim 23 states the limitation(s) optical subsystem means for projecting said light of said virtual image incorporating first and second apertures that are not collocated, in which the identified means in applicant’s specification is a plurality of lenses; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 44, reference numbers 14, 16”’, 56.1, 56.2, 56.3; para [0083], [0086], [0098], [0107], [0148], [0188], [0247]).
Means Within Said First Aperture For Modulating Said Light
(Stated in Claims 23-24)
Claim 23 states the limitation(s) means within said first aperture for modulating said light of said virtual image incorporating first and second apertures that are not collocated, in which the identified means in applicant’s specification is a lens; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 44, reference numbers 14, 16”’, 56.1, 56.2, 56.3; para [0083], [0086], [0098], [0107], [0148], [0188], [0247]).
Claim Objection
Claim 42 is objected to because of the following informalities: Claim 42 at line 3 includes “said optical subsystem” that lacks antecedent basis. This objection may be overcome, for example, by amending it to “said optical subsystem means”. Appropriate correction is required.
Claim Rejections – Nonstatutory 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
9. Claims 1-40 are rejected based on nonstatutory double patenting as being anticipated by claims 1-38 of U.S. Patent No. 12,099,206 B2.
10. It is clear that all the elements of the application’s claims 1-40 are to be found in claims 1-38 of U.S. Patent No. 12,099,206 B2. The difference between the application claims and the patent claims lies in the fact that the patented claims include many more elements and is thus more specific. Thus the invention of claims 1-40 of U.S. Patent No. 12,099,206 B2 is in effect a “species” of the “generic” invention of the current application’s claims 1-38. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claims 1-40 are anticipated by claims 1-38 of U.S. Patent No. 12,099,206 B2, they are not patently distinct from claims 1-38 of U.S. Patent No. 12,099,206 B2. See the below juxtaposition of applicant’s claims 1-40 with claims 1-38 of U.S. Patent No. 12,099,206 B2.
Claim 1 (18,808,921)
Claim 1 (U.S. Patent No. 12,099,206 B2)
A near-eye display system, comprising:
a. a light source, wherein said light source provides a source of light of a virtual image of image content; and
b. an optical subsystem comprising a magnifier, wherein said optical subsystem provides for projecting said light of said virtual image to an eye location, said optical subsystem provides for collecting said light of said virtual image propagating from a first aperture of said optical subsystem to said eye location,
said virtual image is of an object located within a second aperture, and said first and second apertures are not collocated.
A near-eye display system, comprising:
a. a light source, wherein said light source provides a source of light of a virtual image of image content; and
b. an optical subsystem comprising a magnifier, wherein said optical subsystem provides for projecting said light of said virtual image to an eye location, said optical subsystem provides for collecting said light of said virtual image propagating from or through a first aperture of said optical subsystem onto an exit pupil of said optical subsystem on a surface proximate to an outer surface of an eye when said eye is at said eye location,
said optical subsystem forms an image of said first aperture at said exit pupil,
said virtual image is of an object located within a second aperture, and said first
and second apertures are not collocated.
Claim 2 (18,808,921)
Claim 2 depends upon claim 1 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 1, wherein said magnifier comprises a catadioptric magnifier.
A near-eye display system as recited in claim 1, wherein said magnifier comprises a catadioptric magnifier.
Claim 3 (18,808,921)
Claim 3 depends upon claim 1 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 1, wherein said light of said virtual image propagates from less than all of said first aperture.
A near-eye display system as recited in claim 1, wherein said light of said virtual image propagates from or through less than all of said first aperture.
Claim 4 (18,808,921)
Claim 4 depends upon claim 1 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 1, wherein said light of said virtual image propagates from a portion of said first aperture that provides for illuminating at least a portion of an eye pupil of an eye when said eye is at said eye location.
A near-eye display system as recited in claim 1, wherein said light of said virtual image propagates from a portion of said first aperture that provides for illuminating at least a portion of an eye pupil of said eye when said eye is at said eye location.
Claim 5 (18,808,921)
Claim 5 depends upon claim 4 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 4, wherein said portion of said eye pupil is less that all of said eye pupil when said eye is at said eye location.
A near-eye display system as recited in claim 4, wherein said portion of said eye pupil is less that all of said eye pupil
when said eye is at said eye location.
Claim 6 (18,808,921)
Claim 6 depends upon claim 1 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 1, wherein said light of said virtual image propagates from a portion of said first aperture that provides for illuminating a region of an eye that at least partially overlaps an eye pupil of said eye when said eye is at said eye location.
A near-eye display system as recited in claim 1, wherein said light of said virtual image propagates from a portion of
said first aperture that provides for illuminating a region of said eye that at least partially overlaps an eye pupil of said eye when said eye is at said eye location.
Claim 7 (18,808,921)
Claim 7 depends upon claim 1 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 1, wherein said light of said virtual image propagates from a portion of said first aperture that provides for illuminating a region of an eye within which an eye pupil of said eye is located when said eye is at said eye location.
A near-eye display system as recited in claim 1, wherein said light of said virtual image propagates from a portion of
said first aperture that provides for illuminating a region of said eye within which an eye pupil of said eye is located
when said eye is at said eye location.
Claim 8 (18,808,921)
Claim 8 depends upon claim 1 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 1, wherein said light source is located on a concave-curved surface.
A near-eye display system as recited in claim 1, wherein said light source is located on a concave-curved surface.
Claim 9 (18,808,921)
Claim 9 depends upon claim 1 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 1, wherein said light source is located on a surface that is bounded by said first aperture.
A near-eye display system as recited in claim 1, wherein said light source is located on a surface that is bounded by
said first aperture.
Claim 10 (18,808,921)
Claim 10 depends upon claim 1 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 1, wherein said light source comprises a plurality of light emitters located on a surface within said first aperture.
A near-eye display system as recited in claim 1, wherein said light source comprises a plurality of light emitters located on a surface within said first aperture, and less than all of said plurality of light emitters are illuminated at any given time.
Claim 11 (18,808,921)
Claim 10 depends upon claim 1 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 10, wherein less than all of said plurality of light emitters are illuminated at any given time.
A near-eye display system as recited in claim 1, wherein said light source comprises a plurality of light emitters located on a surface within said first aperture, and less than all of said plurality of light emitters are illuminated at any given time.
Claim 12 (18,808,921)
Claim 11 depends upon claims 1 and 10 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 10, wherein a brightness of at least one light emitter of said plurality of light emitters is adjustable.
A near-eye display system as recited in claim 10, wherein a brightness of at least one light emitter of said plurality of light emitters is adjustable.
Claim 13 (18,808,921)
Claim 12 depends upon claims 1 and 10-11 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 12, wherein said brightness of said at least one light emitter of said plurality of light emitters is responsive to a location of said at least one light emitter within said light source, so as to be responsive to an associated rotation of an eye when said eye is at said eye location.
A near-eye display system as recited in claim 11, wherein said brightness of said at least one light emitter of said plurality of light emitters is responsive to a location of said at least one light emitter within said light source, so as to be responsive to an associated rotation of said eye when said eye is at said eye location.
Claim 14 (18,808,921)
Claim 13 depends upon claims 1 and 10-12 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 13, wherein said brightness of said at least one light emitter of said plurality of light emitters is adjusted so as to provide for substantially uniform perceived brightness by said eye substantially independent of an associated rotation of said eye when said eye is at said eye location.
A near-eye display system as recited in claim 12, wherein said brightness of said at least one light emitter of said plurality of light emitters is adjusted so as to provide for substantially uniform perceived brightness by said eye substantially independent of an associated rotation of said eye when said eye is at said eye location.
Claim 15 (18,808,921)
Claim 14 depends upon claims 1 and 10 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 10, wherein a brightness of each of said plurality of light emitters is adjustable.
A near-eye display system as recited in claim 10, wherein a brightness of each of said plurality of light emitters is adjustable.
Claim 16 (18,808,921)
Claim 15 depends upon claim 1 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 1, wherein said optical subsystem provides for collecting said light of said virtual image propagating from said first aperture of said optical subsystem onto an exit pupil of said optical subsystem on a surface proximate to an outer surface of an eye when said eye is at said eye location,
and said exit pupil is curved.
Claim 1: said optical subsystem provides for collecting said light of said virtual image propagating from or through a first aperture of said optical subsystem onto an exit pupil of said optical subsystem on a surface proximate to an outer surface of an eye when said eye is at said eye location, said optical subsystem forms an image of said first aperture at said exit pupil,
Claim 15: wherein said exit pupil is curved.
Claim 17 (18,808,921)
Claim 16 depends upon claims 1 and 15 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 16, wherein said exit pupil is concave curved.
A near-eye display system as recited in claim 15, wherein said exit pupil is concave curved.
Claim 18 (18,808,921)
Claim 17 depends upon claims 1 and 15-16 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 17, wherein a curvature of said exit pupil is similar to a corresponding curvature of said outer surface of said eye.
A near-eye display system as recited in claim 16, wherein a curvature of said exit pupil is similar to a corresponding curvature of said outer surface of said eye.
Claim 19 (18,808,921)
Claim 18 depends upon claim 1 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 1, further comprising a flat-panel image-display modulator within said second aperture that provides for imparting said image content onto said light of said light source as said light of said virtual image, wherein said virtual image is of said flat-panel image-display modulator.
A near-eye display system as recited in claim 1, further comprising a flat-panel image-display modulator within said
second aperture that provides for imparting said image content onto said light of said light source as said light of
said virtual image, wherein said virtual image is of said flat-panel image-display modulator.
Claim 20 (18,808,921)
Claim 19 depends upon claims 1 and 18 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 19, wherein said flat-panel image-display modulator is fully illuminated by said light from said light source.
A near-eye display system as recited in claim 18, wherein said flat-panel image-display modulator is fully illuminated by said light from said light source.
Claim 21 (18,808,921)
Claim 20 depends upon claims 1 and 18 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 19, wherein said second aperture is an aperture stop of said optical subsystem.
A near-eye display system as recited in claim 18, wherein said second aperture is an aperture stop of said optical subsystem.
Claim 22 (18,808,921)
Claim 21 depends upon claims 1 and 18 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 19, wherein said optical subsystem further comprises at least one optical component selected from the group of optical components consisting of: a refractive optical element, a diffractive optical element, a reflective optical element, a waveguide, and a free-form prism, wherein said at least one optical component is located between said flat-panel image-display modulator and said first aperture, and said light source is located on a surface within said first aperture.
A near-eye display system as recited in claim 18, wherein said optical subsystem further comprises at least one optical component selected from the group of optical components consisting of: a refractive optical element, a diffractive optical element, a reflective optical element, a waveguide, and a free-form prism, wherein said at least one optical component is located between said flat-panel image-display modulator and said first aperture, and said light source is located on a surface within said first aperture.
Claim 23 (18,808,921)
Claim 22 (U.S. Patent No. 12,099,206 B2)
A near-eye display system, comprising:
a. a means for generating light;
b. a means for transforming said light to light of a virtual image of image content;
c. an optical subsystem means for projecting said light of said virtual image to an eye location,
wherein said optical subsystem means incorporates first and second apertures that are not collocated; and
d. a means within said first aperture for modulating said light, wherein said optical subsystem means provides for forming an image of said first aperture at said eye location, and said means for transforming said light to said light of said virtual image is located at said second aperture.
A near-eye display system, comprising:
a. a means for generating light;
b. a means for transforming said light to light of a virtual image of image content;
c. an optical subsystem means for projecting said light of said virtual image to an exit pupil at an eye location when an eye is at said eye location,
wherein said optical subsystem means incorporates first and second apertures that are not collocated;
d. a means within said first aperture for modulating said light, wherein said optical subsystem means provides for forming an image of said first aperture at said eye
location when said eye is at said eye location, and said means for transforming said light to said light of said virtual image is located at said second aperture.
Claim 24 (18,808,921)
Claim 23 depends upon claim 22 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 23, wherein said means within said first aperture for modulating said light provides for preventing said light from reaching at least one location outside of an eye pupil of an eye when said eye is located at said eye location.
A near-eye display system as recited in claim 22, wherein said means within said first aperture for modulating said light provides for preventing said light from reaching at least one location outside of an eye pupil of said eye when said eye is located at said eye location.
Claim 25 (18,808,921)
Claim 24 (U.S. Patent No. 12,099,206 B2)
A near-eye display system as recited in claim 23, wherein said optical subsystem means comprises a catadioptric magnifier.
A near-eye display system as recited in claim 22, wherein said optical subsystem means comprises a catadioptric magnifier.
Claim 26 (18,808,921)
Claim 25 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system, comprising:
a. generating light with a source of light within a first aperture;
b. using a flat-panel image-display modulator within a second aperture to impart image content of a virtual image onto said light from said source of light, wherein said first and second apertures are not collocated;
c. using an optical subsystem to project said light of said virtual image to an eye location; and
d. using said optical subsystem to collect said light of said virtual image propagating from said first aperture to said eye location, wherein said optical subsystem provides for forming an image of said first aperture at said eye location.
A method of projecting an image with a near-eye display system, comprising:
a. generating light with a source of light within a first aperture;
b. using a flat-panel image-display modulator within a second aperture to impart image content of a virtual image onto said light from said source of light, wherein said first and second apertures are not collocated;
c. using an optical subsystem to project said light of said virtual image to an eye location;
d. using said optical subsystem to collect said light of said virtual image propagating from said first aperture onto
an exit pupil of said optical subsystem on a surface proximate to an outer surface of an eye when said eye is at said eye location, wherein said optical subsystem
provides for forming an image of said first aperture at said exit pupil.
Claim 27 (18,808,921)
Claim 26 depends upon claim 25 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 26, wherein said light generated by the operation of generating said light within said first aperture propagates from less than all of said first aperture.
A method of projecting an image with a near-eye display system as recited in claim 25, wherein said light generated by the operation of generating said light within said first aperture propagates from less than all of said first aperture.
Claim 28 (18,808,921)
Claim 27 depends upon claim 25 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 26, wherein said light generated by the operation of generating said light within said first aperture provides for illuminating at least a portion of an eye pupil of an eye when said eye is at said eye location.
A method of projecting an image with a near-eye display system as recited in claim 25, wherein said light generated by the operation of generating said light within said first aperture provides for illuminating at least a portion of an eye pupil of said eye when said eye is at said eye location.
Claim 29 (18,808,921)
Claim 28 depends upon claims 25 and 27 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 28, wherein said portion of said eye pupil is less that all of said eye pupil when said eye is at said eye location.
A method of projecting an image with a near-eye display system as recited in claim 27, wherein said portion of said eye pupil is less that all of said eye pupil when said eye is at said eye location.
Claim 30 (18,808,921)
Claim 29 depends upon claim 25 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 26, wherein said light generated by the operation of generating said light within said first aperture provides for illuminating a region of an eye that at least partially overlaps an eye pupil of said eye when said eye is at said eye location.
A method of projecting an image with a near-eye display system as recited in claim 25, wherein said light generated by the operation of generating said light within said first aperture provides for illuminating a region of said eye that at least partially overlaps an eye pupil of said eye when said eye is at said eye location.
Claim 31 (18,808,921)
Claim 30 depends upon claim 25 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 26, wherein said light generated by the operation of generating said light within said first aperture provides for illuminating a region of an eye within which an eye pupil of said eye is located when said eye is at said eye location.
A method of projecting an image with a near-eye display system as recited in claim 25, wherein said light generated by the operation of generating said light within said first aperture provides for illuminating a region of said eye within which an eye pupil of said eye is located when said eye is at said eye location.
Claim 32 (18,808,921)
Claim 31 depends upon claim 25 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 26, wherein said source of light is located on a concave-curved surface.
A method of projecting an image with a near-eye display system as recited in claim 25, wherein said source of
light is located on a concave-curved surface.
Claim 33 (18,808,921)
Claim 32 depends upon claim 25 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 26, wherein the operation of generating said light with said source of light within said first aperture comprises emitting light from at least one light emitter of a plurality of light emitters located on a surface within said first aperture, and at any given time said at least one light emitter is less than all of said plurality of light emitters.
A method of projecting an image with a near-eye display system as recited in claim 25, wherein the operation of generating said light with said source of light within said first aperture comprises emitting light from at least one light
emitter of a plurality of light emitters located on a surface within said first aperture, and at any given time said at least one light emitter is less than all of said plurality of light emitters.
Claim 34 (18,808,921)
Claim 33 depends upon claims 25 and 32 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 33, further comprising adjusting a brightness of said at least one light emitter of said plurality of light emitters responsive to a location of said at least one light emitter within said first aperture, so as to be responsive to an associated rotation of an eye when said eye is at said eye location.
A method of projecting an image with a near-eye display system as recited in claim 32, further comprising adjusting a brightness of said at least one light emitter of said plurality of light emitters responsive to a location of said at
least one light emitter within said first aperture, so as to be responsive to an associated rotation of said eye when said
eye is at said eye location.
Claim 35 (18,808,921)
Claim 34 depends upon claims 25 and 32-33 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 34, further comprising adjusting said brightness of said at least one light emitter of said plurality of light emitters so as to provide for a substantially uniform perceived brightness of said virtual image by said eye substantially independent of said associated rotation of said eye when said eye is at said eye location.
A method of projecting an image with a near-eye display system as recited in claim 33, further comprising adjusting said brightness of said at least one light emitter of said plurality of light emitters so as to provide for a substantially uniform perceived brightness of said virtual image by said eye substantially independent of said associated rotation of said eye when said eye is at said eye location.
Claim 36 (18,808,921)
Claim 35 depends upon claims 25 and 32 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 33, further comprising adjusting a brightness of said at least one light emitter of said plurality of light emitters responsive to a location of an image of said at least one light emitter within an exit pupil of said optical subsystem relative to a location of an eye pupil of an eye when said eye is at said eye location, wherein said exit pupil of said optical subsystem is on a surface proximate to an outer surface of said eye when said eye is at said eye location, and said optical subsystem provides for forming an image of said first aperture at said exit pupil.
Claim 35: A method of projecting an image with a near-eye display system as recited in claim 32, further comprising adjusting a brightness of said at least one light emitter of said plurality of light emitters responsive to a location of an image of said at least one light emitter within said exit pupil relative to a location of an eye pupil of said eye when said eye is at said eye location.
Claim 25: an exit pupil of said optical subsystem on a surface proximate to an outer surface of an eye when said eye is at said eye location, wherein said optical subsystem provides for forming an image of said first aperture at said exit pupil.
Claim 37 (18,808,921)
Claim 36 depends upon claim 25 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 26, wherein an exit pupil of said optical system is curved,
and said exit pupil of said optical subsystem is on a surface proximate to an outer surface of said eye when said eye is at said eye location.
Claim 36: A method of projecting an image with a near-eye display system as recited in claim 25, wherein said exit pupil is curved.
Claim 1: an exit pupil of said optical subsystem on a surface proximate to an outer surface of an eye when said eye is at said eye location, wherein said optical subsystem provides for forming an image of said first aperture at said exit pupil.
Claim 38 (18,808,921)
Claim 36 depends upon claim 25 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 37, wherein and said optical subsystem provides for forming an image of said first aperture at said exit pupil.
Claim 1: wherein said optical subsystem provides for forming an image of said first aperture at said exit pupil.
Claim 39 (18,808,921)
Claim 37 depends upon claims 25 and 36 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 37, wherein said exit pupil is concave curved.
A method of projecting an image with a near-eye display system as recited in claim 36, wherein said exit pupil is concave curved.
Claim 40 (18,808,921)
Claim 38 depends upon claims 25 and 36-37 (U.S. Patent No. 12,099,206 B2)
A method of projecting an image with a near-eye display system as recited in claim 39, wherein a curvature of said exit pupil is similar to a corresponding curvature of said outer surface of said eye when said eye is at said eye location.
A method of projecting an image with a near-eye display system as recited in claim 37, wherein a curvature of said exit pupil is similar to a corresponding curvature of said outer surface of said eye.
11. Claims 41-42 are rejected based on nonstatutory double patenting as being unpatentable over claims 1, 23 and 26 of U.S. Patent No. 12,099,206 B2 in view of U.S. Patent Pub. No. 2023/0048195 A1 to Kim
As to claim 41, claim 1 of U.S. Patent No. 12,099,206 B2 does not expressly disclose wherein said optical subsystem provides for forming at said eye location a real image of said light source, and said optical subsystem provides for forming at a second location said virtual image of said object located within said second aperture, wherein said second location is separated from said eye location by a viewing distance.
Kim discloses wherein said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) provides for forming at said eye location a real image (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192) of said light source(10)(FIG. 16; ¶0109), and said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) provides for forming at a second location said virtual image of said object (FIG. 16: 10, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192) located within said second aperture(aperture in 40)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192), wherein said second location (FIG. 16: 10, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192) is separated from said eye location by a viewing distance (FIG. 16: 10, 50, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 12,099,206 B2 with Kim to provide a near-eye display system that allows a user to see a large virtual image.
As to claim 42, claim 23 of U.S. Patent No. 12,099,206 B2 does not expressly disclose wherein said optical subsystem means provides for forming at said eye location a real image of said means for generating light, and said optical subsystem provides for forming at a second location said virtual image of said means for transforming said light to said light of said virtual image located at said second aperture, wherein said second location is separated from said eye location by a viewing distance.
Kim discloses wherein said optical subsystem means, which is being interpreted as a plurality of lenses; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 44, reference numbers 14, 16”’, 56.1, 56.2, 56.3; para [0083], [0086], [0098], [0107], [0148], [0188], [0247])(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192) provides for forming at said eye location a real image (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192) of said means for generating light, which is being interpreted as a two-dimensional image-display array or a waveguide projector; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 19 and 54-55, reference numbers 52 106 and 152; para [0083], [0116], [0174])(FIG. 16: 10; ¶¶0109, 0192), and said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) provides for forming at a second location said virtual image (FIG. 16: 10, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192) of said means for transforming said light, which is being interpreted as one or more magnifier lens(es); and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 16, reference numbers 16”’, 56, 56.1, 56.2, 56.3; para [0083], [0098] and [0180])(FIG. 16: 30; ¶¶0110, 0112, especially – “enlarged”, 0192 – an image enters 30 and is enlarged to an intermediate image Pi between 30 and 40) to said light of said virtual image (FIG. 16: 10, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192) located at said second aperture(aperture in 40)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192), wherein said second location (FIG. 16: 10, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192) is separated from said eye location by a viewing distance (FIG. 16: 10, 50, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent No. 12,099,206 B2 with Kim to provide a near-eye display system that allows a user to see a large virtual image.
Claim Rejections – 35 USC § 102
12. The following is a quotation of the appropriate paragraphs of AIA 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
13. Claims 1, 4-7, 16, 23-24 and 41-42 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Pub. No. 2023/0048195 A1 to Kim.
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As to claim 1, Kim discloses a near-eye display system (FIG. 16; ¶0191), comprising:
a. a light source(10)(FIG. 16; ¶0109), wherein said light source(10)(FIG. 16; ¶0109) provides a source of light of a virtual image of image content (FIG. 16: 10, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192); and
b. an optical subsystem(20, 30, 40)(FIG. 16; ¶0110) comprising a magnifier(30)(FIG. 16; ¶¶0110, 0112, especially – “enlarged” – an image enters 30 and is enlarged to an intermediate image Pi between 30 and 40), wherein said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) provides for projecting said light of said virtual image to an eye location (FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192), said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) provides for collecting said light of said virtual image propagating from a first aperture(aperture in 20 or aperture in 30)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192) of said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) to said eye location (FIG. 16: 20, 30, 40, 50; ¶¶0109-0110), said virtual image (FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192) is of an object located within a second aperture(aperture in 40)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192), and said first(aperture in 20 or aperture in 30)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192) and second apertures(aperture in 40)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192) are not collocated.
As to claim 4, Kim discloses a near-eye display system as recited in claim 1, as applied above.
Kim further discloses wherein said light of said virtual image propagates from a portion of said first aperture(aperture in 20 or aperture in 30)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192 – FIG. 16 depicts a ray of light of a virtual image propagates from a full portion of said first aperture {FIG. 16: aperture in 20 or aperture in 30} to a portion of an eye pupil that is less than all of said eye pupil) that provides for illuminating at least a portion of an eye pupil of an eye (FIG. 16: 20, 30, 40, 50; ¶¶0109-0110, 0192) when said eye is at said eye location (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192).
As to claim 5, Kim discloses a near-eye display system as recited in claim 4, as applied above.
Kim further discloses wherein said portion of said eye pupil is less than all of said eye pupil (FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192 – FIG. 16 depicts a ray of light of a virtual image propagates from a full portion of said first aperture {FIG. 16: aperture in 20 or aperture in 30} to a portion of an eye pupil that is less than all of said eye pupil) when said eye is at said eye location (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192).
As to claim 6, Kim discloses a near-eye display system as recited in claim 1, as applied above.
Kim further discloses wherein said light of said virtual image propagates from a portion of said first aperture(aperture in 20 or aperture in 30)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192 – FIG. 16 depicts a ray of light of a virtual image propagates from a full portion of said first aperture {FIG. 16: aperture in 20 or aperture in 30} to a portion of an eye pupil that is less than all of said eye pupil) that provides for illuminating a region of an eye that at least partially overlaps an eye pupil of said eye (FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192 – FIG. 16 depicts a ray of light of a virtual image propagates from a full portion of said first aperture {FIG. 16: aperture in 20 or aperture in 30} to a portion of an eye pupil that is less than all of said eye pupil and continues through a portion of the eye behind the pupil) when said eye is at said eye location (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192).
As to claim 7, Kim discloses a near-eye display system as recited in claim 1, as applied above.
Kim further discloses wherein said light of said virtual image propagates from a portion of said first aperture(aperture in 20 or aperture in 30)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192 – FIG. 16 depicts a ray of light of a virtual image propagates from a full portion of said first aperture {FIG. 16: aperture in 20 or aperture in 30} to a portion of an eye pupil that is less than all of said eye pupil) that provides for illuminating a region of an eye within which an eye pupil of said eye is located (FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192 – FIG. 16 depicts a ray of light of a virtual image propagates from a full portion of said first aperture {FIG. 16: aperture in 20 or aperture in 30} to a portion of an eye pupil that is less than all of said eye pupil and continues through a portion of the eye behind the pupil) when said eye is at said eye location (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192).
As to claim 16, Kim discloses a near-eye display system as recited in claim 1, as applied above.
Kim further discloses wherein said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) provides for collecting said light of said virtual image propagating from said first aperture(aperture in 20 or aperture in 30)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192) of said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) onto an exit pupil(light exiting left side of 40)(FIG. 16; ¶¶0110, 0192) of said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) on a surface proximate to an outer surface of an eye (FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192 – FIG. 16 depicts light of a virtual image propagates to a surface of air directly to the left of an outer surface of an eye) when said eye is at said eye location (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192), and said exit pupil(light exiting left side of 40)(FIG. 16; ¶¶0110, 0192) is curved (FIG. 16: light exiting left side of 40; ¶¶0110, 0192).
As to claim 23, Kim discloses a near-eye display system (FIG. 16; ¶0191), comprising:
a. a means for generating light, which is being interpreted as a two-dimensional image-display array or a waveguide projector; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 19 and 54-55, reference numbers 52 106 and 152; para [0083], [0116], [0174])(FIG. 16: 10; ¶¶0109, 0192);
b. a means for transforming said light to light of a virtual image of image content, which is being interpreted as one or more magnifier lens(es); and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 16, reference numbers 16”’, 56, 56.1, 56.2, 56.3; para [0083], [0098] and [0180])(FIG. 16: 30; ¶¶0110, 0112, especially – “enlarged”, 0192 – an image enters 30 and is enlarged to an intermediate image Pi between 30 and 40);
c. an optical subsystem means for projecting said light of said virtual image to an eye location, which is being interpreted as a plurality of lenses; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 44, reference numbers 14, 16”’, 56.1, 56.2, 56.3; para [0083], [0086], [0098], [0107], [0148], [0188], [0247])(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192), wherein said optical subsystem means, which is being interpreted as a plurality of lenses; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 44, reference numbers 14, 16”’, 56.1, 56.2, 56.3; para [0083], [0086], [0098], [0107], [0148], [0188], [0247])(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192) incorporates first(aperture in 20 or aperture in 30)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192) and second apertures(aperture in 40)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192) that are not collocated; and
d. a means within said first aperture for modulating said light, which is being interpreted as a lens; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 44, reference numbers 14, 16”’, 56.1, 56.2, 56.3; para [0083], [0086], [0098], [0107], [0148], [0188], [0247])(FIG. 16: aperture in 20 or aperture in 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192), wherein said optical subsystem means, which is being interpreted as a plurality of lenses; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 44, reference numbers 14, 16”’, 56.1, 56.2, 56.3; para [0083], [0086], [0098], [0107], [0148], [0188], [0247])(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192), provides for forming an image of said first aperture(aperture in 20 or aperture in 30)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192) at said eye location (FIG. 16: 20, 30, 40, 50; ¶¶0109-0110, 0192), and said means for transforming said light, which is being interpreted as one or more magnifier lens(es); and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 16, reference numbers 16”’, 56, 56.1, 56.2, 56.3; para [0083], [0098] and [0180])(FIG. 16: 30; ¶¶0110, 0112, especially – “enlarged”, 0192 – an image enters 30 and is enlarged to an intermediate image Pi between 30 and 40) to said light of said virtual image is located at said second aperture(aperture in 40)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192).
As to claim 24, Kim discloses a near-eye display system as recited in claim 23, as applied above.
Kim further discloses wherein said means within said first aperture for modulating said light, which is being interpreted as a lens; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 44, reference numbers 14, 16”’, 56.1, 56.2, 56.3; para [0083], [0086], [0098], [0107], [0148], [0188], [0247])(FIG. 16: aperture in 20 or aperture in 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192) provides for preventing said light from reaching at least one location outside of an eye pupil of an eye (FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192 – the apertures in 20 and 30 each constrain the light to remain within the optical subsystem {FIG. 16: 20, 30, 40} and directed toward an eye pupil) when said eye is located at said eye location (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192).
As to claim 41, Kim discloses a near-eye display system as recited in claim 1, as applied above.
Kim further discloses wherein said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) provides for forming at said eye location a real image (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192) of said light source(10)(FIG. 16; ¶0109), and said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) provides for forming at a second location said virtual image of said object (FIG. 16: 10, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192) located within said second aperture(aperture in 40)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192), wherein said second location (FIG. 16: 10, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192) is separated from said eye location by a viewing distance (FIG. 16: 10, 50, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192).
As to claim 42, Kim discloses a near-eye display system as recited in claim 23, as applied above.
Kim further discloses wherein said optical subsystem means, which is being interpreted as a plurality of lenses; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 44, reference numbers 14, 16”’, 56.1, 56.2, 56.3; para [0083], [0086], [0098], [0107], [0148], [0188], [0247])(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192) provides for forming at said eye location a real image (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192) of said means for generating light, which is being interpreted as a two-dimensional image-display array or a waveguide projector; and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 19 and 54-55, reference numbers 52 106 and 152; para [0083], [0116], [0174])(FIG. 16: 10; ¶¶0109, 0192), and said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) provides for forming at a second location said virtual image (FIG. 16: 10, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192) of said means for transforming said light, which is being interpreted as one or more magnifier lens(es); and the equivalents per MPEP Section 2181 (See applicant’s FIGs. 1, 8 and 16, reference numbers 16”’, 56, 56.1, 56.2, 56.3; para [0083], [0098] and [0180])(FIG. 16: 30; ¶¶0110, 0112, especially – “enlarged”, 0192 – an image enters 30 and is enlarged to an intermediate image Pi between 30 and 40) to said light of said virtual image (FIG. 16: 10, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192) located at said second aperture(aperture in 40)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110, 0192), wherein said second location (FIG. 16: 10, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192) is separated from said eye location by a viewing distance (FIG. 16: 10, 50, VIRTUAL IMAGE PLANE; ¶¶0109, 0111, 0192).
Potentially Allowed Claims/Potentially Allowable Subject Matter
14. If the grounds of rejection for double patenting of claims 26-40 is overcome, then claims 26-40 and 43 in their current form would be allowed. Alternatively, claim 43 would be allowed if rewritten in independent format. As to claims 2-3, 8-15, 17-22 and 25, if the above grounds for double patenting is overcome, then they would become allowable (i.e., 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).
Reasons for Allowance
15. The following is examiner’s statement of reasons for allowance: the claimed invention is directed to:
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Dependent claim 2 identifies the distinct features: “wherein said magnifier(FIG. 68: 170) comprises a catadioptric magnifier(FIG. 68: 170)”, with all other limitations as claimed.
The closest prior art, U.S. Patent Pub. No. 2023/0048195 A1 to Kim, either singularly or in combination, fails to anticipate or render obvious the above underlined features associated with other features of this claim.
As to claim 2, Kim discloses a near-eye display system as recited in claim 1, as applied above but does not teach the above underlined limitations.
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Dependent claim 3 identifies the distinct features: “wherein said light of said virtual image propagates from less(FIGs. 1, 12: 60) than all of said first aperture(FIGs. 1, 12: 28, 30)”, with all other limitations as claimed.
The closest prior art, U.S. Patent Pub. No. 2023/0048195 A1 to Kim, either singularly or in combination, fails to anticipate or render obvious the above underlined features associated with other features of this claim.
As to claim 3, Kim discloses a near-eye display system as recited in claim 1, as applied above but does not teach the above underlined limitations.
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Dependent claim 8 identifies the distinct features: “wherein said light source(FIG. 18: 106) is located on a concave-curved surface(FIG. 18: 107)”, with all other limitations as claimed.
The closest prior art, U.S. Patent Pub. No. 2023/0048195 A1 to Kim, either singularly or in combination, fails to anticipate or render obvious the above underlined features associated with other features of this claim.
As to claim 8, Kim discloses a near-eye display system as recited in claim 1, as applied above but does not teach the above underlined limitations.
Dependent claim 9 identifies the distinct features: “wherein said light source(FIGs. 1, 12: 58, 60) is located on a surface that is bounded by said first aperture(FIGs. 1, 12: 28, 30)”, with all other limitations as claimed.
The closest prior art, U.S. Patent Pub. No. 2023/0048195 A1 to Kim, either singularly or in combination, fails to anticipate or render obvious the above underlined features associated with other features of this claim.
As to claim 9, Kim discloses a near-eye display system as recited in claim 1, as applied above but does not teach the above underlined limitations.
Dependent claim 10 identifies the distinct features: “wherein said light source(FIGs. 1, 12: 58) comprises a plurality of light emitters(FIGs. 1, 12: 60) located on a surface within said first aperture(FIGs. 1, 12: 28, 30)”, with all other limitations as claimed.
The closest prior art, U.S. Patent Pub. No. 2023/0048195 A1 to Kim, either singularly or in combination, fails to anticipate or render obvious the above underlined features associated with other features of this claim.
As to claim 9, Kim discloses a near-eye display system as recited in claim 1, as applied above but does not teach the above underlined limitations.
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Dependent claim 17 identifies the distinct features: “wherein said exit pupil(FIG. 44: 128.2’s output of light) is concave curved(FIG. 44: 128.2’s output of light)”, with all other limitations as claimed.
The closest prior art, U.S. Patent Pub. No. 2023/0048195 A1 to Kim, either singularly or in combination, fails to anticipate or render obvious the above underlined features associated with other features of this claim.
As to claim 17, Kim discloses a near-eye display system as recited in claim 16, as applied above but does not teach the above underlined limitations.
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Dependent claim 19 identifies the distinct features: “further comprising a flat-panel image-display modulator(FIG. 1: 30) within said second aperture(FIGs. 1, 12: 28, 30) that provides for imparting said image content onto said light of said light source(FIG. 1: 12) as said light of said virtual image(FIG. 8: 16”’), wherein said virtual image(FIG. 8: 16”’) is of said flat-panel image-display modulator(FIG. 1: 30)”, with all other limitations as claimed.
The closest prior art, U.S. Patent Pub. No. 2023/0048195 A1 to Kim, either singularly or in combination, fails to anticipate or render obvious the above underlined features associated with other features of this claim.
As to claim 19, Kim discloses a near-eye display system as recited in claim 1, as applied above but does not teach the above underlined limitations.
Dependent claim 25 identifies the distinct features: “wherein said optical subsystem means(FIG. 68: 14) comprises a catadioptric magnifier(FIG. 68: 170)”, with all other limitations as claimed.
The closest prior art, U.S. Patent Pub. No. 2023/0048195 A1 to Kim, either singularly or in combination, fails to anticipate or render obvious the above underlined features associated with other features of this claim.
As to claim 25, Kim discloses a near-eye display system as recited in claim 23, as applied above but does not teach the above underlined limitations.
Independent claim 26 identifies the distinct features: “using a flat-panel image-display modulator(FIG. 1: 30) within a second aperture(FIGs. 1, 12: 28, 30) to impart image content of a virtual image(FIG. 8: 16”’) onto said light from said source of light(FIG. 1: 12)”, with all other limitations as claimed.
The closest prior art, U.S. Patent Pub. No. 2023/0048195 A1 to Kim, either singularly or in combination, fails to anticipate or render obvious the above underlined features associated with other features of this claim.
As to claim 26, Kim discloses a method of projecting an image with a near-eye display system (FIG. 16; ¶¶0191-0194), comprising:
a. generating light with a source of light(10)(FIG. 16; ¶¶0109, 0192) within a first aperture(aperture in 20 or aperture in 30)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110);
b. using a second aperture(aperture in 40)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110) to impart image content of a virtual image onto said light (FIG. 16: 20, 30, aperture in 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110) from said source of light(10)(FIG. 16; ¶¶0109, 0192), wherein said first(aperture in 20 or aperture in 30)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110) and second apertures(aperture in 40)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110) are not collocated;
c. using an optical subsystem(20, 30, 40)(FIG. 16; ¶0110) to project said light of said virtual image to an eye location (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192); and
d. using said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) to collect said light of said virtual image propagating from said first aperture(aperture in 20 or aperture in 30)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110) to said eye location (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192), wherein said optical subsystem(20, 30, 40)(FIG. 16; ¶0110) provides for forming an image of said first aperture(aperture in 20 or aperture in 30)(FIG. 16: 20, 30, 40, 50, VIRTUAL IMAGE PLANE; ¶¶0109-0110) at said eye location (FIG. 16: 20, 30, 40, 50; ¶¶0109-0111, 0192).
Kim does not disclose the above underlined limitations.
Other Relevant Prior Art
16. Other relevant prior art includes:
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(i) U.S. Patent Pub. No. 2018/0003962 A1 to Urey et al. discloses a near-eye display system (FIG. 12; ¶¶0151-0152), comprising: a lens(1210)(FIG. 12; ¶0152) and a spatial light modulator(410)(FIG. 12; ¶0152) including pixels (FIG. 12: 410; ¶0152).
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(ii) U.S. Patent Pub. No. 2019/0068958 A1 to Kim et al. discloses a 3D display(200)(FIG. 2; ¶0040) including an image providing unit(210)(FIG. 2; ¶0041), a sight adjustment unit(230)(FIG. 2; ¶0045), a convex lens(240)(FIG. 2; ¶0045) that provides an image to a pupil(260)(FIG. 2; ¶0045) of an eyeball(250)(FIG. 2; ¶0045).
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(iii) Maxwellian near-eye display with an expanded eyebox, December 21, 2000, Optics Express, Vol. 26, p 5 to Lin et al. discloses a near-eye display (Fig. 3) including a light source (Fig. 3: Laser projector) including an optical subsystem (Fig. 3: CL, PBD1, PBD2, EL, Optical combiner) providing an eyebox (Fig. 3: Eyebox) to an eye (Fig. 3: eye).
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(iv) Folded optics with birefringent reflective properties, June, 2017, Proceedings of SPIE, Vol. 10335, p 3 to Wong et al. discloses a light source and optical subsystem (Fig. 2).
Conclusion
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRK W HERMANN whose telephone number is (571) 270-3891. The examiner can normally be reached on Monday-Friday, 10am-7pm, EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LunYi Lao can be reached on (571) 272-7671. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRK W HERMANN/Primary Examiner, Art Unit 2619
1 Claim 25 includes sufficient structure to perform the recited function and therefore “optical subsystem” in this claim is not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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