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 .
DETAILED ACTION
The instant application having Application No. 18811401 filed on 08/21/2024 is presented for examination by the examiner.
Response to Amendment
The amendment filed in response to Election/Restriction requirement dated 05/21/2026 has been entered. Claims 1-20 remain pending in the application. Claims 7 and 15 have been amended and claims 10-20 are withdrawn.
Election/Restriction
Applicant’s election without traverse of invention group I, claims 1-9 in the reply filed on 07/08/2026 is acknowledged.
Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention groups II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/08/2026.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by e M.P.E.P. 201.04, 210, 214.03, acknowledgement is made of applicant’s claim for priority based on provisional application US 63/585582.
Drawings
The applicant’s drawings submitted are not acceptable for examination purposes.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations for “a third waveguide positioned in the frame between the first waveguide and the second waveguide, the third waveguide configured to direct light from the first projector and the second projector to the optical sensor” in claim 4, and “a first optical sensor disposed in the frame configured to detect light from the first waveguide; and a second optical sensor disposed in the frame configured to detect light from the second waveguide” in claim 5 must be shown or the feature(s) canceled from the claim(s). Currently no drawings depict the above recited structural features. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
(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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (hereafter Yang) US 20230209032 A1.
In regard to independent claim 1, Yang teaches (see Figs. 1-16) a head-mountable electronic device (i.e. as head-mounted device (HMD), near-eye display system 100 as in e.g. examples of system and waveguide 300-800, 1100-1200, see abstract, e.g. paragraphs [02-04,26-36, 41-49,55-63, 76-80,95-116,121-125,132-134], e.g. Figs. 1,3-4,6-8, 11-16) comprising:
a frame (i.e. as frame e.g. of eyeglasses 305, as depicted in Figs. 3, 8,12,14, paragraphs [56, 76-80,95-116,121-125]);
a first display window attached to the frame (i.e. display left or right window 310, with waveguide configuration 1200a,b on frame, Figs. 3, 8,12,14 paragraphs [56, 76-80,95-116,121-125]);
a second display window attached to the frame (i.e. display other of left and/or right window 310, as waveguide configuration other of 1200a,b on frame, Figs. 3, 8,12, 14,paragraphs [56, 76-80,95-116,121-125]);
a first waveguide associated with the first display window (one of 1200a,b on frame display window, Figs. 3, 8,12,14 paragraphs [56, 76-80,95-116,121-125]);
a second waveguide associated with the second display window (other of 1200a,b on frame on display window, Figs. 3, 8,12, 14,paragraphs [56, 76-80,95-116,121-125]);
a first arm connected to the frame, the first arm comprising a first projector to emit light into the first waveguide (i.e. as temple 1206a with projector 1205a to emit light into 1200a e.g. via e.g. input VBG 1201a, e.g. paragraphs [101-116, 56-61], Figs. 3-4,8,12,14),the first projector pivotable relative to the first waveguide (i.e. as 1205a is on temple 1206a of eyeglasses it can pivot or rotate with respect to frame with 1200a at least to an extent, as depicted in Figs. 12, 8, 3-4, paragraphs [56, 76-80,101-116,24,56-61]); and
a second arm connected to the frame, the second arm comprising a second projector to emit light into the second waveguide (i.e. as temple 1206b with projector 1205b to emit light into 1200b e.g. via e.g. input VBG 1201b, e.g. paragraphs [101-116,56-61], Figs. 3-4,8,12), the second projector pivotable relative to the second waveguide (i.e. as 1205b is on temple 1206b of eyeglasses it can pivot or rotate with respect to frame with 1200b at least to an extent, as depicted in Figs. 12, 8, 3-4, paragraphs [56-61, 76-80,101-116,24]).
Regarding claim 2, Yang teaches (see Figs. 1-16) further comprising an optical sensor disposed in the frame (i.e. as disparity sensing detector in frame of eyeglasses e.g. 1208, 1108, paragraphs [97-116,121-124],Figs 12-16);
wherein each of the first waveguide and the second waveguide (as waveguide configurations 1200a, 1200b, paragraphs [97-116,121-124],Figs 12-16) comprises:
an input coupler (input VBG 1201a and 1201b, e.g. paragraphs [101-116], Figs. 8,12);
a first output coupler to direct light to an eye of a user (i.e. as output 1204a and 1204b directing light to the user’s eye, e.g. paragraphs [101-116,69], Figs. 8,12); and
a second output coupler to direct light to the optical sensor (i.e. disparity sensing port VBG 1207a, 1207b, paragraphs [97-116], Figs. 11-12).
Regarding claim 3, Yang teaches (see Figs. 1-16) further comprising an optical sensor disposed in the frame (i.e. as disparity sensing detector e.g. 1208 in the frame of eyeglasses, e.g. bridge part 1209, paragraphs [107-124,125-140], Figs. 12-16) and configured to receive light from the first projector through the first waveguide and the second projector through the second waveguide and to detect an alignment between the first projector and the second projector.(i.e. as 1208 receives light from projectors 1205a, 1205b through waveguides 1200a, 1200b, detecting disparity of images and misalignment of projectors 1205a, 1205b, paragraphs [81-82, 107-124,125-132], Figs. 12-16).
Regarding claim 4, Yang teaches (see Figs. 1-16) further comprising a third waveguide positioned in the frame between the first waveguide and the second waveguide (i.e. as waveguide part between 1207a and 108 and 1207b and 1208, and equivalent parts in Fig. 14, as depicted in Figs. 12, 14, paragraphs [101-124]) the third waveguide configured to direct light from the first projector and the second projector to the optical sensor (i.e. as waveguide part between 1207a and 108 and 1207b and 1208, and equivalent parts in Fig. 14, also direct light, e.g. see 1408a,b from 1205a and 1205b to 1208, 1404-1407as depicted in Figs. 12, 14, paragraphs [101-124]).
Regarding claim 5, Yang teaches (see Figs. 1-16) further comprising:
a first optical sensor disposed in the frame configured to detect light from the first waveguide (i.e. as one side (e.g. left) of disparity sensing detector, system 1208, 1405-1407 detecting light from first waveguide 1200a, 1403a, as depicted in Figs. 12, 14, paragraphs [101-124]); and
a second optical sensor disposed in the frame configured to detect light from the second waveguide (i.e. as other side (e.g. right) of disparity sensing detector, system 1208, 1405-1407 detecting light from second waveguide configuration 1200b, 1403b, as depicted in Figs. 12, 14, paragraphs [101-124]).
Regarding claim 6, Yang teaches (see Figs. 1-16) that: the first projector comprises an active field-of-view region emitting light from a projection panel (e.g. as projector 1205a, 410 schematic in Fig. 4, has active field of view emitting light from projector 410, 1201a e.g. around central cone of light emerging from 410 panel, see paragraphs [101-116, 56-61], Figs. 4,12); and
the first projector comprises an expanded field-of-view region that extends beyond the active field-of-view region (e.g. as projector 1205a, 410 schematic in Fig. 4, field of view surrounding the central cone of light emitting light from projector 410 panel, as depicted in Fig. 4, see paragraphs [101-116, 56-61], Figs. 4,12, where the active and extended field-of-view are not specifically defined and are treated broadly).
Regarding claim 7, Yang teaches (see Figs. 1-16) that:
the active field-of-view region is 25 degrees (e.g. as active field of view emitting light from projector 410, 1201a around central cone of light emerging from 410 panel can be 25 degrees, see paragraphs [101-116, 56-61], Figs. 4,12); and the expanded field-of-view region is approximately 1.25 degrees (e.g. as field of view surrounding the active field of central cone of light emitting light from projector 410 panel can be additional 1.25 degrees, as depicted in Fig. 4, see paragraphs [101-116, 56-61], Figs. 4,12, note that the active and extended field-of-view are not specifically defined and are treated broadly).
Regarding claim 8, Yang teaches (see Figs. 1-16) that wherein the expanded field-of-view region is more than 3 degrees greater than the active field-of- view region (e.g. as field of view surrounding the active field of central cone of light emitting light from projector 410 panel can be more than additional 3 degrees, as depicted in Fig. 4, see paragraphs [101-116, 56-61], Figs. 4,12, note that the active and extended field-of-view are not specifically defined and are treated broadly).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (hereafter Yang) US 20230209032 A1 in view of Harder et al. (hereafter Harder) US 20210026139 A1.
Regarding claim 9, Yang teaches (see Figs. 1-16) further comprising:
a first pivotally connecting part the first arm to the frame, the first part positioned between the frame and the first projector (as temple 1206a with projector 1205a having pivotably connecting part connected to frame of eyeglasses with 1200a, connecting part between 1205a and frame of eyeglasses, as clearly depicted in Figs. 12, 8, 3-4, paragraphs [56, 76-80,101-116,24,56-61]); and
a second pivotally connecting part the second arm to the frame, the second part positioned between the frame and the second projector (as temple 1206b with projector 1205b having second pivotably connecting part connected to frame of eyeglasses with 1200a, second connecting part between 1205b and frame of eyeglasses as clearly depicted in Figs. 12, 8, 3-4, paragraphs [56, 76-80,101-116,24,56-61]).
Yang does not specifically mention that the first pivotally connecting part and second pivotally connecting part are hinges. However, optical eyeglasses with frame and temples such as depicted in Figs. 3, 8 and 12 of Yang may include hinges. Harder, teaches in the same field of invention of Head-mountable devices with optical module (see Figs. 1-3, title, abstract, paragraphs [02,16-20,31-33], including HMD 10, frame 20 and side arms, earpieces 40,38, Figs. 1,3), and further teaches that the first pivotally connecting part and second pivotally connecting part are hinges (i.e. as hinge 44 part on left and tight side of frame 20 pivotally connecting arms/earpieces 40,38, paragraphs [16-20,31-33]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify that the first pivotally connecting part and second pivotally connecting part of Yang are hinges as taught by Harder in order to provide that each side arms, temple can move and pivot about the hinge relative to the frame (Harder, paragraphs [31-33]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Edwin et al. US 20200018968 A1 also discloses features of instant invention (see Figs. 14-16,20-22).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas K Pham can be reached at (571)272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIN PICHLER/ Primary Examiner, Art Unit 2872
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