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 .
Response to Arguments
Applicant's arguments filed 01/14/2026 have been fully considered but they are not persuasive. Applicant submits, “The claims recite the feature of each segment of the optical segmentation element projecting image content generated by a scanning projector unit via first and second imaging paths to a projection region of a diverting unit, and that at least one segment includes a covering that reflects or absorbs infrared light. In contrast, nowhere do the cited references disclose or suggest this feature. For example, Aleem discloses a splitter 132 that provides only infrared illumination for eye-tracking and glint detection, not projection of display image content. Furthermore, Aleem does not disclose or suggest any first and second imaging paths delivering display content to a diverting unit. Moreover, Aleem's hologram 138 is disclosed as a transmission hologram that allows IR to pass through; it's not a covering that reflects or absorbs IR”. (Remarks, p. 6) However, the Examiner respectfully disagree.
As disclosed in the previous office action, Aleem in Figs. 9-10 and paragraph [0075, 0096-0102] clearly states “Optical combiner 540 receives visible light from the N virtual light projectors created by optical splitter 532 and directs the visible light to the N exit pupils formed proximate eye 200” the optical splitter 532 or 632 has multiple sections as disclosed in Figs. 2 & 3A-3C which are capable of projecting lights on different parts of the optical combiner simultaneously, requiring different light paths as also explained in Fig. 5. Paragraph [0100] further states Optical splitter 632 creates M virtual light projectors, where M>1. For content display, visible light signals from the M virtual light projectors are projected to M exit pupils’ proximate eye 200 to form a virtual display in a target space in a field of view of eye 200, and each virtual projector projecting light via its own path, explained in detail in paragraph [0061-0064].
Furthermore, as disclosed in the previous office action in Figs. 3A-3C and paragraph [0032, 0066-0067] teach the first or second optical segment element 132a-d are covered at least partly with a covering or hologram 138, “In this case, “responsive to infrared light” means that the infrared hologram redirects at least a portion of the infrared light, where the magnitude of the portion depends on the playback efficiency of the infrared hologram. Unresponsive to other light means that the infrared hologram transmits the other light, generally without modifying the other light” and “the optical function provided by hologram 138a will affect only a fraction of the infrared light signals coming out of optical splitter 132, i.e., the subset of infrared light signals coming out of optical element 136b, and passing through hologram 138a. FIG. 3C shows another infrared hologram 138b applied to another portion of the output side 139 of optical splitter 132. Infrared holograms 138a, 138b could apply the same optical function or different optical functions to subsets of the light coming out of optical splitter 132, where in one example the optical function(s) may be selected from beam converging and diverging functions”, as stated subset of infrared is redirected or reflected from its original path and also a known fact in art that performing beam converging leads to some light absorption.
Therefore, the Examiner maintains his rejection.
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.
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.
Claims 15-21 and 23-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aleem (US 20200142479).
Regarding claim 15: Aleem teaches an optical segmentation element for use in an optical system for a virtual retinal scan display (Figs, 1, 10 and paragraph [0063, 0096-0100] teach an optical segmentation element 132, 632 for use in an optical system for virtual retinal scan display 100, 600), the optical segmentation element comprising: a first segment configured to project an image content generated using a scanning projector unit of the optical system, via a first imaging path onto at least one projection region of a diverting unit of the optical system; and a second segment configured to project the image content generated using the scanning projector unit via a second imaging path that is different from the first imaging path onto the at least one projection region of the diverting unit (Figs. 1, 3A-5, 10 and paragraph [0063-0067, 0075, 0096-0102] teach a first segment out of 132a-13d to project image content generated using a scanning projector unit 604 via a first imaging path onto at least one projection region of a diverting unit 540 and a second segment another one out of 132a-d to project the image content generated using a scanning projector unit 604 via a second imaging path (paths can be different as in Fig. 5) onto at least one projection region of a diverting unit 540); wherein the first segment of the optical segment element or the second segment of the optical segmentation element are covered at least partly with a covering that reflects or absorbs light beams in an infrared wavelength range (Figs. 3A-3C and paragraph [0032, 0066-0067] teach the first or second optical segment element 132a-d are covered at least partly with a covering or hologram 138, and further states “Infrared holograms 138a, 138b could apply the same optical function or different optical functions to subsets of the light coming out of optical splitter 132, where in one example the optical function(s) may be selected from beam converging and diverging functions”, as stated subset of infrared is redirected or reflected from its original path and also a known fact in art that performing beam converging leads to some light absorption).
Regarding claim 16: Aleem teaches wherein the optical segmentation element additionally comprises: a third segment configured to project the image content generated using the scanning projector unit via a third imaging path that is different from the first imaging path and the second imaging path onto the at least one projection region of the diverting unit; and a fourth segment configured to project the image content generated using the scanning projector unit via a fourth imaging path that is different from the first imaging path, the second imaging path, and the third imaging path, onto the at least one projection region of the diverting unit (Figs. 1, 3A-5, 10 and paragraph [0063-0067, 0075, 0096-0102] teach four optical segment 132a-13d including a first, second, third, and a fourth segments to project image content generated using a scanning projector unit 604 via different imaging path (paths can be different as in Fig. 5) onto at least one projection region of a diverting unit 540).
Regarding claim 17: Aleem teaches wherein at least three segments of the first, second, third, and fourth segments are covered, at least partly with the covering that reflects or absorbs light beams in the infrared wavelength range (Figs. 3A-3C and paragraph [0032, 0066-0067] teach the plurality optical segments 132a-d are covered at least partly with a covering or hologram 138 that reflects infrared light, all or some of the segments can be covered).
Regarding claim 18: Aleem teaches wherein exactly two segments of the first, second, third, and fourth segments are covered, at least partly with the covering that reflects or absorbs light beams in the infrared wavelength range (Figs. 3A-3C and paragraph [0032, 0066-0067] teach the plurality optical segments 132a-d are covered at least partly with a covering or hologram 138 that reflects infrared light, all or exactly two of the segments can be covered as in fig. 3C).
Regarding claim 19: Aleem teaches wherein the optical segmentation element is configured as an optical segmentation lens (Figs. 3A-3C and paragraph [0063-0067] teach the optical segmentation element 132a-d can be a prism or other transparent material to reflect light).
Regarding claim 20: Aleem teaches wherein the reflective or absorbent covering is configured to reflect or absorb light beams in a wavelength range between 800 nm and 1550 nm (Figs. 3A-3C and paragraph [0032, 0066-0067] teach the covering or hologram 135 is configured to reflect the infrared light which is known to have the claimed wavelength range).
Regarding claim 21: Aleem teaches wherein the reflective or absorbent covering is a coating or a foil or a film (Figs. 3A-3C and paragraph [0032, 0066-0067] #138).
Regarding claim 23: Aleem teaches an optical system for a virtual retinal scan display (Figs, 1, 10 and paragraph [0063, 0096-0100] teach an optical system for virtual retinal scan display 100, 600), comprising: an image source which provides image content in the form of image data; an image processing device for the image data; an optical segmentation element including: a first segment configured to project the image content generated using a projector unit of the optical system, via a first imaging path onto at least one projection region of a diverting unit of the optical system; and a second segment configured to project the image content generated using the projector unit via a second imaging path that is different from the first imaging path onto the at least one projection region of the diverting unit (Figs. 1, 3A-5, 10 and paragraph [0063-0067, 0075, 0096-0102] teach a memory 160 storing data such as data of image or visible light accessed by the processor 128 to generate visible light for the display content, a first segment out of 132a-13d to project image content generated using a scanning projector unit 604 via a first imaging path onto at least one projection region of a diverting unit 540 and a second segment another one out of 132a-d to project the image content generated using a scanning projector unit 604 via a second imaging path (paths can be different as in Fig. 5) onto at least one projection region of a diverting unit 540); wherein the first segment of the optical segment element or the second segment of the optical segmentation element are covered at least partly with a covering that reflects or absorbs light beams in an infrared wavelength range (Figs. 3A-3C and paragraph [0032, 0066-0067] teach the first or second optical segment element 132a-d are covered at least partly with a covering or hologram 138 that reflects infrared light); the projector unit including a time-modulatable first light source configured to generate at least one first light beam, and including a controllable deflecting device for the at least one first light beam for scanning projection of the image content onto the optical segmentation element, and including a second light source configured to generate at least one second light beam in an infrared wavelength range, wherein the controllable deflecting device is configured to scanningly deflect the at least one second light beam onto the optical segmentation element (Figs. 1, 3A-5, 10 and paragraph [0063-0067, 0075, 0096-0102] teach the projector unit including a first light source R, G, or B to generate at least one first light beam, a controllable deflecting device 612 for the at least one first light beam for scanning projection of the image content onto the optical segmentation element 632, a second light source IR to generate infrared light beam and controllable deflecting device 612 is configured to deflect the at least one second light beam onto the optical segmentation element 632); the diverting unit onto which the image content from the optical segmentation element can be projected and which is configured to direct the projected image content onto an eye of a user, wherein the diverting unit is configured to scanningly direct the second light beam arriving from the optical segmentation element via the first or second imaging path onto the eye of the user; and a first sensor configured to acquire second light beams backscattered by a pupil of the user or a modulation of a power of the second light source (Figs. 1, 3A-5, 10 and paragraph [0063-0067, 0075, 0096-0102] teach the diverting unit 540 direct the projected image content onto an eye 200 of a user, direct the second light beam or IR beam onto the eye of the user, a first sensor 144 configured to acquire second light beams backscattered by a pupil of the user).
Regarding claim 24: Aleem teaches wherein the projector unit is configured to combine the first and second light beam to a common light beam (Fig. 10 and paragraph [0063-0067, 0075, 0096-0102] teach the projector 604 utilizing element 612 to combine the light beams to a common light beam).
Regarding claim 25: Aleem teaches wherein the first sensor is: a part of a laser feedback interferometer integrated into the projector unit, or an external first photodetector (Fig. 1, 10 and paragraph [0068] teach the first sensor 144 as an external photodetector).
Regarding claim 26: Aleem teaches wherein the optical system further comprises: a computing unit configured to create a first image of a first eye region with the pupil of the user from the acquired backscattered second light beams or from the acquired modulation of the power of the second light source (Figs. 8-10 and paragraph [0089-0100] teach a computing unit or processor to create a first image of a eye #454 as claimed).
Regarding claim 27: Aleem teaches wherein the optical segmentation element includes four segments for projecting the image content via four different imaging paths onto at least one projection region of the diverting unit of the optical system, wherein one segment of the four segments is respectively assigned to an imaging path, wherein exactly two segments of the four segments, are covered at least partly with the covering that reflects or absorbs light beams in an infrared wavelength range, wherein the optical segmentation element is configured to divert the second light beams in the two segments which are free of the reflective or absorbent covering along the respective imaging path onto the projection region of the diverting unit, wherein the diverting unit is configured to scanningly direct the second light beams onto the eye of the user, wherein the computing unit is configured to create a second image of a first eye region with the pupil of the user from the acquired backscattered second light beams or the acquired modulation of the power of the second light source (Figs. 1, 3A-5, 10 and paragraph [0063-0067, 0075, 0096-0102] teach four optical segment 132a-13d including a first, second, third, and a fourth segments to project image content generated using a scanning projector unit 604 via different imaging path (paths can be different as in Fig. 5) onto at least one projection region of a diverting unit 540, and the plurality optical segments 132a-d are covered at least partly with a covering or hologram 138 that reflects infrared light, all or some of the segments can be covered, and working as claimed eye detection and image creation).
Regarding claim 28: Claim 28 recites similar claim limitations as in claim 15, except claim 28 is a method claim. Thus, all the arguments made above for claim 15 are applicable for claim 28.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Aleem (US 20200142479) in the view of Van (US 20130105069).
Regarding claim 22: Aleem does not explicitly disclose wherein the covering is made of BK7 or silicon or germanium.
However, Van teaches wherein the covering is made of BK7 or silicon or germanium (paragraph [0081]). It would have been obvious for a person skilled in the art, before the effective filing date of the invention to modify Aleem’s invention by including above teachings of Van, because silicon based reflective layer are very well-known and widely used in the art because of their great reflective properties, as taught by Van. The rationale would have been to use a known method or technique to achieve predictable results.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/AMIT CHATLY/ Primary Examiner, Art Unit 2624