DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) filed on 10/10/2024 has been acknowledged and considered by the examiner. Initialed copies of supplied IDS(s) forms are included in this correspondence.
Claim Objections
Claim 6 is objected to because of the following informalities:
Claim 6 states “swivelling light pipe” in the last line of the claim. This should be corrected to say “swiveling light pipe”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 7-9, 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi US 20160252742 (hereinafter “Wakabayashi”).
Regarding claim 1, Wakabayashi teaches a retina scanning display device configured to provide an image to a retina of an eye of a user, the device comprising:
a light source (Wakabayashi fig. 3 - 31) configured to generate intensity modulated light (Wakabayashi fig. 3 - L1, see also para. 0094);
an optic device (Wakabayashi fig. 3 - 34) for transforming the intensity modulated light into a beam of collimated light (Wakabayashi para. 0086);
a scanning component configured to receive the beam (Wakabayashi fig. 3 – 36, 5), scan the beam over at least two axes (Wakabayashi para. 0089), and thereby output a series of scanned beams each having one of a plurality of an output angles (Wakabayashi para. 0096); and
a reflective combiner (Wakabayashi fig. 3 - 6, 61, 611, 651) arranged to reflect the scanned beams onto the eye over the range of output angles (Wakabayashi fig. 3 - see beams being directed to EY), whereupon the eye may focus the beam onto a portion of the retina in dependence on the output angle (Wakabayashi para. 0183, 0185);
Wakabayashi does not specify wherein the beam has a predetermined diameter (d) greater than 3 mm, however Wakabayashi does teach expanding the width of the light flux of the video light (Wakabayashi para. 0027, 0052, 0144).
It would have been obvious to one of ordinary skill in the art before the effective filing date to adjust the beam diameter to be greater than 3 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller 220 F.2d 454, 456,105 USPQ 233, 235 (CCPA 1955).
Regarding claim 2, Wakabayashi teaches the retina scanning display device according to claim 1.
Wakabayashi does not specify wherein the predetermined diameter (d) greater than or equal to 10 mm, however Wakabayashi does teach expanding the width of the light flux of the video light (Wakabayashi para. 0027, 0052, 0144).
It would have been obvious to one of ordinary skill in the art before the effective filing date to adjust the beam diameter to be greater than or equal to 10 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller 220 F.2d 454, 456,105 USPQ 233, 235 (CCPA 1955).
Regarding claim 3, Wakabayashi teaches the retina scanning display device according to claim 1, and Wakabayashi further teaches further comprising a controller (Wakabayashi fig. 4 – 32, 33 within 3) operably connected to the light source (Wakabayashi fig. 4 - 33, see also para. 0093-0094) and the scanning element (Wakabayashi fig. 4 – 32, see also para. 0068 and 0088-0092 – generates driving signals to drive the light scanning unit) and configured to coordinate the intensity modulation of the light source with the output angle of the scanned beam, so as to generate a predefined image at the retina (Wakabayashi para. 0094).
Regarding claim 4, Wakabayashi teaches the retina scanning display device according to claim 1.
Wakabayashi does not specify wherein the predetermined diameter (d) between 3 mm and 20 mm, however Wakabayashi does teach expanding the width of the light flux of the video light (Wakabayashi para. 0027, 0052, 0144).
It would have been obvious to one of ordinary skill in the art before the effective filing date to adjust the beam diameter to be between 3 mm and 20 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller 220 F.2d 454, 456,105 USPQ 233, 235 (CCPA 1955).
Regarding claim 5, Wakabayashi teaches the retina scanning display device according to claim 1.
Wakabayashi does not specify wherein the predetermined diameter (d) is between 9 mm and 11 mm, however Wakabayashi does teach expanding the width of the light flux of the video light (Wakabayashi para. 0027, 0052, 0144).
It would have been obvious to one of ordinary skill in the art before the effective filing date to adjust the beam diameter to be between 9 mm and 11 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller 220 F.2d 454, 456,105 USPQ 233, 235 (CCPA 1955).
Regarding claim 7, Wakabayashi teaches the retina scanning display device according to claim 1, and Wakabayashi further teaches wherein a percentage of reflectivity of the reflective combiner (6, 61, 611, 651) varies based on the application and is greater than 0% and less than or equal to 100% (Wakabayashi fig. 3 – L3 is being reflected as L5 toward the eye).
Regarding claim 8, Wakabayashi teaches the retina scanning display device according to claim 7, and Wakabayashi further teaches further configured to present a combination of a real-world view and virtual information via the scanning display device in proportions based on the reflectivity (Wakabayashi para. 0050-0052).
Regarding claim 9, Wakabayashi teaches the retina scanning display device according to claim 1, and Wakabayashi further teaches wherein the scanning display device is configured to present virtual information comprising symbology associated with a real-world scene (Wakabayashi para. ).
Regarding claim 10, Wakabayashi teaches a helmet comprising the retina scanning display device according to claim 1 (Wakabayashi para. 0004-0005 – head-mounted display).
Regarding claim 11, Wakabayashi teaches the helmet of claim 10, and Wakabayashi further teaches wherein the helmet further comprises a visor (Wakabayashi para. 0004-0005 – head-mounted display).
Regarding claim 12, Wakabayashi teaches a visor for use with the retina scanning display device according to claim 1, and Wakabayashi further teaches wherein the visor (Wakabayashi fig. 3 - 6) is configured to provide the reflective combiner (61, 611, 651) located between the scanning component (36, 5) and the retina (Wakabayashi fig. 3).
Regarding claims 13 and 15, under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). Since claims 13 and 15 recite the normal use of the device in claims 1 and 3 respectively, claims 13 and 15 are rejected as inherent.
Regarding claim 14, Wakabayashi teaches the method according to claim 13, and Wakabayashi further teaches further comprising: coordinating the intensity modulation of the light source with an output angle of the scanned modulated beam, so as to generate a predefined image at the retina (Wakabayashi para. 0094).
Regarding claim 16, Wakabayashi teaches a retina scanning display device configured to provide an image to a retina of an eye of a user, the device comprising:
a light source (Wakabayashi fig. 3 - 31) configured to generate intensity modulated light (Wakabayashi fig. 3 - L1, see also para. 0094);
an optic device (Wakabayashi fig. 3 - 34) for transforming the intensity modulated light into a beam of collimated light (Wakabayashi para. 0086);
a scanning component configured to receive the beam (Wakabayashi fig. 3 – 36, 5), scan the beam over at least two axes (Wakabayashi para. 0089), and thereby output a series of scanned beams each having one of a plurality of an output angles (Wakabayashi para. 0096); and
a reflective combiner (Wakabayashi fig. 3 - 6, 61, 611, 651) arranged to reflect the scanned beams onto the eye over the range of output angles (Wakabayashi fig. 3 - see beams being directed to EY), whereupon the eye may focus the beam onto a portion of the retina in dependence on the output angle (Wakabayashi para. 0183, 0185) wherein a percentage of reflectivity of the reflective combiner (6, 61, 611, 651) is greater than 0% and less than or equal to 100% (Wakabayashi fig. 3 – L3 is being reflected as L5 toward the eye);
Wakabayashi does not specify wherein the beam has a predetermined diameter (d) greater than 3 mm, however Wakabayashi does teach expanding the width of the light flux of the video light (Wakabayashi para. 0027, 0052, 0144).
It would have been obvious to one of ordinary skill in the art before the effective filing date to adjust the beam diameter to be greater than 3 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller 220 F.2d 454, 456,105 USPQ 233, 235 (CCPA 1955).
Regarding claim 17, Wakabayashi teaches the retina scanning display device according to claim 16.
Wakabayashi does not specify wherein the predetermined diameter (d) greater than or equal to 10 mm, however Wakabayashi does teach expanding the width of the light flux of the video light (Wakabayashi para. 0027, 0052, 0144).
It would have been obvious to one of ordinary skill in the art before the effective filing date to adjust the beam diameter to be greater than or equal to 10 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller 220 F.2d 454, 456,105 USPQ 233, 235 (CCPA 1955).
Regarding claim 18, Wakabayashi teaches the retina scanning display device according to claim 16, and Wakabayashi further teaches further comprising a controller (Wakabayashi fig. 4 – 32, 33 within 3) operably connected to the light source (Wakabayashi fig. 4 - 33, see also para. 0093-0094) and the scanning element (Wakabayashi fig. 4 – 32, see also para. 0068 and 0088-0092 – generates driving signals to drive the light scanning unit) and configured to coordinate the intensity modulation of the light source with the output angle of the scanned beam, so as to generate a predefined image at the retina (Wakabayashi para. 0094).
Regarding claim 19, Wakabayashi teaches the retina scanning display device according to claim 16.
Wakabayashi does not specify wherein the predetermined diameter (d) between 3 mm and 20 mm, however Wakabayashi does teach expanding the width of the light flux of the video light (Wakabayashi para. 0027, 0052, 0144).
It would have been obvious to one of ordinary skill in the art before the effective filing date to adjust the beam diameter to be between 3 mm and 20 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller 220 F.2d 454, 456,105 USPQ 233, 235 (CCPA 1955).
Regarding claim 20, Wakabayashi teaches the retina scanning display device according to claim 16.
Wakabayashi does not specify wherein the predetermined diameter (d) is between 9 mm and 11 mm, however Wakabayashi does teach expanding the width of the light flux of the video light (Wakabayashi para. 0027, 0052, 0144).
It would have been obvious to one of ordinary skill in the art before the effective filing date to adjust the beam diameter to be between 9 mm and 11 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller 220 F.2d 454, 456,105 USPQ 233, 235 (CCPA 1955).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi as applied to claim 1 above, and further in view of Bradski et. al US 20160026253 (hereinafter “Bradski”).
Regarding claim 6, Wakabayashi teaches the retina scanning display device according to claim 1, and Wakabayashi further teaches wherein the scanning component (36, 5) comprises a tiltable mirror (Wakabayashi fig. 6 – 11, see also para. 0104-0105) and a light pipe (Wakabayashi fig. 3 - 5).
Wakabayashi does not teach a swivelling light pipe.
In the same field of endeavor, Bradski teaches a swivelling light pipe (Bradski fig. 13f-2 - 362) for the purpose of creating beamlets with a multiplicity of angles of incidence and points of intersection which may be relayed to the eye (Bradski para. 0328). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a swivelling light pipe as taught by Bradski in the retina scanning display device of Wakabayashi in order to create beamlets with a multiplicity of angles of incidence and points of intersection which may be relayed to the eye (Bradski para. 0328).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wakabayashi US Patent 10,001,655, patent of Wakabayashi US 20160252742;
Yokoyama US 20170248789, teaches a light flux diameter.
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/ELIZABETH M HALL/ Examiner, Art Unit 2872
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872
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