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.
Allowable Subject Matter
Claims 6-8 are 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.
Claim Rejections - 35 USC § 102
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, 3-5 and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wertheim (PGPUB 20100060990).
Regarding claim 1, Wertheim discloses a light engine mounting system for an augmented reality or virtual reality display (400), comprising:
a light engine (408) housed within an adjustable mount body to project light along a first direction with respect to the adjustable mount body (412); and
a mount housing (404) having a mount housing axis (the mount housing may have an arbitrary axis attributed to any direction in which it has length since no specific direction is given), the mount housing comprising a cavity configured to receive the adjustable mount body and a first aperture (the aperture is defined by the diameter of the exit surface of 408 and/or the width of 404) through an exterior of the mount housing that opens into the cavity such that the light engine may project light through the mount housing via the first aperture, the first aperture being spaced from the cavity along the direction of the mount housing axis (See Figs. 9A-B and axis 420);
the adjustable mount body and the cavity of the mount housing being shaped to enable the adjustable mount body to at least partially rotate within the cavity of the mount housing around at least a first rotation axis, such that an angle of the first direction may can be changed with respect to the mount housing axis (Figs. 9A-B indicate rotation about 420 while 404 remains fixed).
Regarding claim 3, Wertheim discloses wherein the first rotation axis is perpendicular to the mount housing axis and intersects the mount the mount housing axis at a single point within the mount housing (See Figs. 9A-B).
Regarding claim 4, Wertheim discloses wherein the adjustable mount body and the cavity of the mount housing are shaped to enable the adjustable mount body to at least partially rotate within the mount housing cavity around the mount housing axis (Figs. 9A-B).
Regarding claim 5, Wertheim discloses wherein the adjustable mount body and the cavity of the mount housing are shaped to enable the adjustable mount body to be translatable within the mount housing cavity along the direction of the mount housing axis (Figs. 9A-B indicate a translation).
Regarding claim 9, Wertheim discloses wherein the adjustable mount body has one or more curved external walls, the one or more curved external walls engaging one or more internal walls of the mount housing defined by the mount housing cavity, the one or more curved external walls allowing the adjustable mount body to be at least partially rotated while maintaining engagement between the one or more curved external walls and the one or more internal walls (Figs. 9A-B shows the curved surface of the external portion of 412 within the housing cavity and must inherently be engaged to some portion of 404).
Regarding claim 10, Wertheim discloses wherein the mount housing further comprises at least one second hole, the second hole extending through the exterior of the mount housing and opening into the cavity such that the mount housing cavity is accessible via the at least one second hole (404 is shown to have a hole through which 410 passes).
Claim(s) 1 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harder (PGPUB 20210026147).
Regarding claim 1, Harder discloses a light engine mounting system for an augmented reality or virtual reality display (Abst), comprising:
a light engine ([0035] where 80 includes any and all components for projecting light) housed within an adjustable mount body to project light along a first direction with respect to the adjustable mount body (80); and
a mount housing (36) having a mount housing axis (40 has an arbitrarily definable axis), the mount housing comprising a cavity configured to receive the adjustable mount body and a first aperture (64) through an exterior of the mount housing that opens into the cavity such that the light engine may project light through the mount housing via the first aperture, the first aperture being spaced from the cavity along the direction of the mount housing axis (Fig. 3);
the adjustable mount body and the cavity of the mount housing being shaped to enable the adjustable mount body to at least partially rotate within the cavity of the mount housing around at least a first rotation axis, such that an angle of the first direction may can be changed with respect to the mount housing axis (as indicated in Figs. 5-6).
Regarding claim 11, Harder discloses an augmented reality or virtual reality display, comprising:
a first light engine mounting system configured to provide a first image-bearing light representing a first image (Figs. 3 and 4), the first light engine mounting system comprising:
a light engine ([0035] where 80 includes any and all components for projecting light) housed within an adjustable mount body (80) to project the first image-bearing light along a first direction with respect to the adjustable mount body (Fig. 3); and
a mount housing (36) having a mount housing axis (40 has an arbitrarily definable axis), the mount housing comprising a cavity configured to receive the adjustable mount body (Fig. 4) and a first aperture through an exterior of the mount housing that opens into the cavity such that the light engine may project the first image-bearing light through the mount housing via the first aperture (64), the first aperture being spaced from the cavity along the direction of the mount housing axis (Fig. 3);
the adjustable mount body and the cavity of the mount housing being shaped to enable the adjustable mount body to at least partially rotate within the cavity of the mount housing around at least a first rotation axis, such that an angle of the first direction can be changed with respect to the mount housing axis (as indicated in Figs. 5-6);
a frame (10); and
a first waveguide combiner (58) being fixed within the frame and comprising at least one waveguide substrate (50), the at least one waveguide substrate comprising a first input region (at 88) and a first output region (not specifically shown but 50 must inherently include an output region from 50 such that a user may see the light) to couple the first image-bearing light into and out of the at least one waveguide substrate, respectively, the first input region having a perimeter (Fig. 3);
the adjustable mount body of the first light engine mounting system being able to at least partially rotate within the mount housing cavity around at least the first rotation axis in order to change where the first image-bearing light falls relative to the perimeter of the first input region of the at least one waveguide substrate, such that the first image-bearing light may be coupled into the at least one waveguide substrate, then steered towards the first output region and coupled out of the at least one waveguide substrate (the body of 80 is adjusted via 98, 130 and 110).
Regarding claim 12, Harder discloses comprising:
a second light engine mounting system to provide a second image-bearing light, the second image-bearing light representing a second image (Fig. 1 where the assembly includes a pair of arms with 80 and the alignment assembly shown in Fig. 4 are in each arm); and
a second waveguide combiner being fixed in the frame and comprising at least one waveguide substrate, the at least one waveguide substrate of the second waveguide combiner having a second input region and a second output region to couple the second image-bearing light into and out of the at least one waveguide substrate of the second waveguide combiner, the second input region of the at least one waveguide substrate of the second waveguide combiner having a perimeter (Fig. 1 where the alignment assembly detailed in the rejection of claim 1 is mirrored in both frame arms);
wherein an adjustable mount body of the second light engine mounting system is able to at least partially rotate within a respective mount housing cavity around at least a respective first rotation axis, in order to change where the second image-bearing light falls relative to the perimeter of the second input region of the at least one waveguide substrate of the second waveguide combiner, such that the second image-bearing light may be coupled into the at least one waveguide substrate of the second waveguide combiner, then steered towards the second output region of the at least one waveguide substrate of the second waveguide combiner and coupled out of the at least one waveguide substrate of the second waveguide combiner (Fig. 1 where the alignment assembly detailed in the rejection of claim 1 is mirrored in both frame arms).
Regarding claim 13, Harder discloses A method for adjusting two light engine mounting systems and two waveguide combiners, comprising:
providing first and second light engine mounting systems (Fig. 1 shows 80 located in each arm), each according to claim 1;
providing a frame (10);
providing first and second waveguide combiners (58), each being fixed within the frame and each comprising at least one waveguide substrate having input and output regions (50 where light is injected from 58 and output via 50 towards a user’s left and right eye), the input regions of the at least one waveguide substrate of first and second waveguide combiners having each a perimeter (Fig. 3);
providing an image-treatment device comprising first and second optical sensors (94);
actuating the light engine of first light engine mounting system to emit a first image-bearing light, the first image-bearing light representing a first image ([0018]-[0019]);
actuating the light engine of second light engine mounting system to emit a second image- bearing light, the second image-bearing light representing a second image ([0018]-[0019]);
at least partially rotating the adjustable mount body of the first light engine mounting system within its respective mount housing cavity around at least its respective first rotation axis to ensure that the first image-bearing light falls within the perimeter of the input region of the at least one waveguide substrate of the first waveguide combiner such that the first image-bearing light is coupled into said at least one waveguide substrate, then steered towards the output region of the at least one waveguide substrate of the first waveguide combiner and coupled out of said at least one waveguide substrate towards the first optical sensor (the body of 80 is adjusted via 98, 130 and 110 and [0041] where the sensor optically determines alignment); and
at least partially rotating the adjustable mount body of the second light engine mounting system within its respective mount housing cavity around at least its respective first rotation axis to ensure that the second image-bearing light falls within the perimeter of the input region of the at least one waveguide substrate of the second waveguide combiner such that the second image-bearing light is coupled into said at least one waveguide substrate, then steered towards the output region of the at least one waveguide substrate of the second waveguide combiner and coupled out of said at least one waveguide substrate towards the second optical sensor (the body of 80 is adjusted via 98, 130 and 110 and [0041] where the sensor optically determines alignment);
such that the image-treatment device detects the first and second images as positioned relative to one another on a same plane ([0041] where proper alignment would result in images that are both in focus for the user’s eye).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wertheim in view of Harder.
Regarding claim 2, Wertheim does not disclose wherein the adjustable mount body and the cavity of the mount housing are shaped so as to enable the adjustable mount body to at least partially rotate within the cavity of the mount housing around a second rotation axis such that the angle of the first direction may can be changed with respect to the mount housing axis, the second rotation axis being different from the first rotation axis and preferably being perpendicular to the first rotation axis.
However, Harder teaches a projector (10) wherein the adjustable mount body and the cavity of the mount housing are shaped so as to enable the adjustable mount body to at least partially rotate within the cavity of the mount housing around a second rotation axis such that the angle of the first direction may can be changed with respect to the mount housing axis, the second rotation axis being different from the first rotation axis and preferably being perpendicular to the first rotation axis (Fig. 7 where 80 may move about two different axes).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Wertheim and Harder such that the light engine included a second rotation axis motivated by improved projection alignment ([0014]).
Claims 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harder in view of Edwin et al. (PGPUB 20200018968).
Regarding claim 14, Harder does not disclose wherein the at least partially rotating of the adjustable mount body of the first light engine mounting system achieves at least partial, binocular alignment, such that the image-treatment device perceives the first and second images as at least partially overlapping one another.
However, Edwin teaches a head up display wherein the at least partially rotating of the adjustable mount body of the first light engine mounting system achieves at least partial, binocular alignment, such that the image-treatment device perceives the first and second images as at least partially overlapping one another ([0077]-[0078] and Figs. 4A-D).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Harder and Edwin such that the image-treatment device perceived overlapping displays motivated by improving user comfort and readability).
Regarding claim 15, modified Harder discloses wherein at least a first part of the first image and at least a first part of a second image each comprise identical common virtual graphic information (72L/R of Edwin), and wherein the at least partially rotating of the adjustable mount body of the first light engine mounting system is such that the image-treatment device perceives the first and second images to be positioned such that the first part of the first image and the first part of the second image overlap and are aligned with one another (Figs. 4A-D of Edwin).
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS S FISSEL whose telephone number is (313)446-6573. The examiner can normally be reached on 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone Allen can be reached on (571) 272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TRAVIS S FISSEL/Primary Examiner, Art Unit 2872
Prosecution Insights