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 Amendment
This Office action is in response to the communication filed 11/26/2024.
The Amendments to Claims 3-7, 10-14, and 17-19, filed 11/26/2024, are acknowledged and accepted.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 11/26/2024, 2/11/2025, and 1/26/2026. An initialed copy is attached to this Office Action.
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)(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.
Claim(s) 1 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lam et al. (2021/0341743), hereinafter Lam.
Regarding claim 1, Lam discloses, in figures 1 and 2, a near-eye display system (paragraphs 0014 and 0016 disclose a head mounted display HMD and paragraphs 0003 and 0060 disclose an HMD with virtual reality; Examiner notes that a near eye display are HMDs that immerse the user in a virtual or augmented world) comprising: a first waveguide (230, red waveguide) configured to guide red light to a user's eye (paragraph 0020); and a second waveguide (220, green waveguide or 210, blue waveguide) configured to guide at least one of blue light and green light to the user's eye (paragraph 0020), wherein the first waveguide (230, red waveguide) is positioned closer to the user's eye (299, eyebox area) and the second waveguide (220, green waveguide or 210, blue waveguide) is positioned farther from the user's eye (299, eye box area) when the near-eye display system is worn by the user (figure 2 and paragraph 0020).
Regarding claim 20, Lam discloses, in figures 1 and 2, a method, comprising: guiding red display light from a display to a user’s eye via a first waveguide (230, red waveguide) of a near-eye display system (paragraphs 0014 and 0016 disclose a head mounted display HMD and paragraphs 0003 and 0060 disclose an HMD with virtual reality; Examiner notes that a near eye display are HMDs that immerse the user in a virtual or augmented world) (paragraph 0020); and guiding at least one of blue display light and green display light from the display to the user’s eye via a second waveguide (220, green waveguide or 210, blue waveguide) a near-eye display system (paragraphs 0014 and 0016 disclose a head mounted display HMD and paragraphs 0003 and 0060 disclose an HMD with virtual reality; Examiner notes that a near eye display are HMDs that immerse the user in a virtual or augmented world) (paragraph 0020), wherein the first waveguide (230, red waveguide) is at least on of: positioned closer than the second waveguide (220, green waveguide or 210, blue waveguide) to the user’s eye when the near-eye- display system is worn by a user (figure 2 and paragraph 0020); thicker than the second waveguide; and comprised of materials having a first refractive index higher than a second refractive index of materials comprising the second waveguide.
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(s) 4 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lam et al. (2021/0341743), hereinafter Lam as applied to claim 1 above, and further in view of Suchowski et al. (2016/0085025), hereinafter ‘025.
Regarding claim 4, Lam discloses all the limitations in common with claim 1, and such is hereby incorporated.
Lam does not disclose wherein the first waveguide is thicker than the second waveguide.
‘025 discloses wherein the first waveguide (162, second waveguide) is thicker than the second waveguide (113, third waveguide) (paragraph 0028).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Lam with the waveguides of ‘025 for the purpose of controlling how light propagates and interacts.
Regarding claim 8, Lam discloses, in figures 1 and 2, a near-eye display system (paragraphs 0014 and 0016 disclose a head mounted display HMD and paragraphs 0003 and 0060 disclose an HMD with virtual reality; Examiner notes that a near eye display are HMDs that immerse the user in a virtual or augmented world) comprising: a first waveguide (230, red waveguide) configured to guide red light to a user's eye (paragraph 0020); and a second waveguide (220, green waveguide or 210, blue waveguide) configured to guide at least one of blue light and green light to the user's eye (paragraph 0020).
Lam does not disclose wherein the first waveguide is thicker than the second waveguide.
‘025 discloses wherein the first waveguide (162, second waveguide) is thicker than the second waveguide (113, third waveguide) (paragraph 0028).
Regarding claim 9, Lam discloses wherein the first waveguide (230, red waveguide) is positioned closer to the user's eye (299, eyebox area) and the second waveguide (220, green waveguide or 210, blue waveguide) is positioned farther from the user's eye (299, eye box area) when the near-eye display system is worn by the user (figure 2 and paragraph 0020).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lam et al. (2021/0341743), hereinafter Lam as applied to claim 1 above, and further in view of (EP 3809039), hereinafter ‘039.
Regarding claim 5, Lam discloses all the limitations in common with claim 1, and such is hereby incorporated.
Lam does not disclose wherein the first waveguide comprises gratings with continuously modulated depths.
‘039 discloses wherein the first waveguide (220, first replication layer) comprises gratings (210, first diffraction grating profile) with continuously modulated depths (paragraph 0026 and figure 5).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Lam with the grating of ‘039 for the purpose of control how light is coupled into and extracted from the waveguide.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lam et al. (2021/0341743), hereinafter Lam as applied to claim 1 above, and further in view of Maimone, Andrew (CN 112602004), hereinafter ‘004.
Regarding claim 7, Lam discloses all the limitations in common with claim 1, and such is hereby incorporated.
Lam does not disclose wherein the waveguide positioned farthest from the user's eye when the near-eye display system is worn by the user has a metallic coating.
‘004 discloses wherein the waveguide positioned farthest from the user's eye when the near-eye display system is worn by the user has a metallic coating (paragraph 0034).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Lam with the metallic coating of ‘004 for the purpose of minimizing signal loss and protecting against degradation.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lam et al. (2021/0341743), hereinafter Lam as applied to claim 1 above, and further in view of Suchowski et al. (2016/0085025), hereinafter ‘025 as applied to claim 8 above, and further in view of (EP 3809039), hereinafter ‘039.
Regarding claim 12, Lam in view of ’25 discloses all the limitations in common with claim 8, and such is hereby incorporated.
Lam in view of ’25 does not disclose wherein the first waveguide comprises gratings with continuously modulated depths.
‘039 discloses wherein the first waveguide (220, first replication layer) comprises gratings (210, first diffraction grating profile) with continuously modulated depths (paragraph 0026 and figure 5).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Lam in view of ’25 with the grating of ‘039 for the purpose of control how light is coupled into and extracted from the waveguide.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lam et al. (2021/0341743), hereinafter Lam as applied to claim 1 above, and further in view of Suchowski et al. (2016/0085025), hereinafter ‘025 as applied to claim 8 above, and further in view of Maimone, Andrew (CN 112602004), hereinafter ‘004.
Regarding claim 14, Lam in view of ‘025 discloses all the limitations in common with claim 1, and such is hereby incorporated.
Lam in view of ‘025 does not disclose wherein the waveguide positioned farthest from the user's eye when the near-eye display system is worn by the user has a metallic coating.
‘004 discloses wherein the waveguide positioned farthest from the user's eye when the near-eye display system is worn by the user has a metallic coating (paragraph 0034).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Lam in view of ‘025 with the metallic coating of ‘004 for the purpose of minimizing signal loss and protecting against degradation.
Claim(s) 15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lam et al. (2021/0341743), hereinafter Lam in view of Okayama Hideaki (JP 2021131446), hereinafter ‘446.
Regarding claim 15, Lam discloses, in figures 1 and 2, a near-eye display system (paragraphs 0014 and 0016 disclose a head mounted display HMD and paragraphs 0003 and 0060 disclose an HMD with virtual reality; Examiner notes that a near eye display are HMDs that immerse the user in a virtual or augmented world) comprising: a first waveguide (230, red waveguide) configured to guide red light to a user's eye (paragraph 0020); and a second waveguide (220, green waveguide or 210, blue waveguide) configured to guide at least one of blue light and green light to the user's eye (paragraph 0020).
Lam does not disclose wherein the first waveguide has a first refractive index and the second waveguide has a second refractive index lower than the first refractive index.
‘446 discloses wherein the first waveguide has a first refractive index and the second waveguide has a second refractive index lower than the first refractive index (paragraph 0058).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Lam with the first and second refractive index of ‘446 so that light can be confined and guided along the core by total internal reflection.
Regarding claim 18, Lam discloses wherein the first waveguide (230, red waveguide) is positioned closer to the user's eye (299, eyebox area) and the second waveguide (220, green waveguide or 210, blue waveguide) is positioned farther from the user's eye (299, eye box area) when the near-eye display system is worn by the user (figure 2 and paragraph 0020).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lam et al. (2021/0341743), hereinafter Lam in view of Okayama Hideaki (JP 2021131446), hereinafter ‘446 as applied to claim 15 above, and further in view of Suchowski et al. (2016/0085025), hereinafter ‘025.
Regarding claim 19, Lam in view of ‘446 discloses all the limitations in common with claim 1, and such is hereby incorporated.
Lam in view of ‘446 does not disclose wherein the first waveguide is thicker than the second waveguide.
‘025 discloses wherein the first waveguide (162, second waveguide) is thicker than the second waveguide (113, third waveguide) (paragraph 0028).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Lam in view of ‘446 with the waveguides of ‘025 for the purpose of controlling how light propagates and interacts.
Allowable Subject Matter
Claims 2-3, 6, 10-11, 13, and 16-17 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.
The following is an examiner’s statement of reasons for allowance: The prior art of record fails to teach or fairly suggest to one of ordinary skill in the art at the time of the invention, in conjunction with all the other claimed limitation, an optical switch that switches an optical path of signal light from one to another having all the claimed features of applicant's instant invention, specifically including: in claims 2, 10, and 16, wherein: the first waveguide comprises nanostructures that comprise resin having a first refractive index; and the second waveguide comprises nanostructures that comprise resin having a second refractive index lower than the first refractive index; in claims 3, 11, and 17, wherein: the first waveguide comprises a substrate having a first refractive index; and the second waveguide comprises a substrate having a second refractive index lower than the first refractive index; in claims 6 and 13, wherein: the first waveguide comprises gratings having a first number of unique etch depths; and the second waveguide comprises gratings having a second number of unique etch depths lower than the first number, as set forth in the claims.
Tammela et al. (2019/0317270) discloses a near eye display system that includes stacked waveguides parallel to each other with an air gap between them. However, Tammela is silent in regards to both waveguides including a resin and a substrate with a refractive index. The refractive index of the second waveguide is lower than the refractive index of the first waveguide.
Conclusion
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/BRANDI N THOMAS/ Primary Examiner, Art Unit 2872
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