DETAILED ACTION
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119 (a) — (d), which papers have been placed of record in the file. Oath/Declaration
Oath/Declaration
2. Oath and declaration filed (i.e., ADS filed on 12/13/2024).
Claim Rejections - 35 USC § 102
3. 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.
Claim(s) 24-30,36,37 and 40-47 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by POPOVICH et al (2018/0011324 A1).
Regarding claim 24, POPOVICH et al discloses (refer to figures 5 and 6) an optical waveguide (40) (paragraph 0067) for arrangement in the beam path of an optical arrangement having a device for output coupling and/or input coupling an imaging beam path (paragraph 0068 imaging beam path) , the optical waveguide (40) comprising: a GRIN element having at least one curved surface, wherein the GRIN element has a refractive index distribution that reduces aberrations ,brought about by a curvature of the GRIN element, in an imaging path of a virtual image representation created by light waves guided in the optical waveguide by total- internal reflection (TIR ,Indicated ray path 1051-1053 , paragraph 0068).
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Regarding claim 25, POPOVICH et al discloses wherein the GRIN element has a refractive index distribution that reduces the aberrations, induced by the GRIN element, in an imaging path extending through the GRIN element, the imaging path being that of a real image representation of a surroundings (negative diverging –paragraph 0063).
Regarding claim 26, wherein the aberrations induced by the GRIN element in the imaging path of the real image representation of the surroundings are aberrations induced by the curvature of the GRIN element and/or induced by the refractive index distribution to reduce the aberrations induced in the imaging path of the virtual image representation.
Regarding claim 27, POPOVICH et al discloses wherein the refractive index distribution of the GRIN element has a radially symmetric and/or cylindrical and/or toric refractive index distribution, and/or a refractive index distribution which has at least one area of constant refractive index (cylindrical – paragraph 0073).
Regarding claim 28, POPOVICH et al discloses wherein the at least one area of constant refractive index is configured in cylindrical and/or toric and/or spherical and/or aspherical fashion or as a free-form surface (paragraph 0073).
Regarding claim 29, POPOVICH et al discloses wherein the at least one area of constant refractive index coincides with or runs parallel to the at least one curved surface of the GRIN element (see in figure 5).
Regarding claim 30, POPOVICH et al discloses wherein n(r) = f(r'/r) applies to the refractive index distribution of the GRIN element in the radial direction, where r' is a specified radius of curvature of one of the at least one curved surfaces of the GRIN element (paragraph 0049-0050).
Regarding claim 36, POPOVICH et al discloses wherein the first surface and/or second surface are/is embodied in toric or spherical or aspherical or cylindrical fashion or as a free- form surface (cylindrical fashion – figure 5).
Regarding claim 37, POPOVICH et al discloses wherein the refractive index within the GRIN element varies in at least a first and a second dimension of a defined coordinate system (see figure 5).
Regarding claim 40, POPOVICH et al discloses wherein the GRIN element is configured to introduce a refractive power that differs from zero into the imaging path of the real and/or virtual image (virtual image – figure 5).
Regarding claim 41, POPOVICH et al discloses an optical element, comprising: at least one optical element having at least one curved surface; and at least one optical waveguide (i.e., curved wave guide 40, paragraph 0067) according to at least one optical waveguide according to wherein the at least one optical element and the at least one optical waveguide are arranged in succession in a beam path of an imaging path of the real and/or virtual image representation.
Regarding claim 42, POPOVICH et al discloses wherein the optical element is configured as a lens and/or designed to correct refractive errors in the imaging path of the real image representation of the surroundings and/or correct refractive errors in the imaging path of the virtual image representation and/or focus the virtual image representation in the imaging path of the virtual image representation (paragraph 0063).
Regarding claim 43, POPOVICH et al discloses, wherein the optical waveguide (40) is designed such that the curvature of at least one of the surfaces of the GRIN element is matched to the curvature of the at least one curved surface of the at least one optical element.
Regarding claim 44, POPOVICH et al discloses wherein at least one further GRIN element is present in order to reduce aberrations induced by the GRIN element along an imaging path of a real image representation of a surroundings (negative diverging –paragraph 0063).
Regarding claim 45, POPOVICH et al discloses, an image capture apparatus, comprising: at least one optical waveguide (51) (paragraph 0068).
Regarding claim 46, POPOVICH et al discloses an image production apparatus comprising at least one optical waveguide (51) (paragraph 0068).
Regarding claim 47, POPOVICH et al discloses an image production apparatus comprising the optical arrangement (figure 5).
Claim Rejections - 35 USC § 103
4. 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.
Claim(s) 31 is rejected under 35 U.S.C. 103 as being unpatentable over POPOVICH et al (2018/0011324 A1).
Regarding claim 31, POPOVICH et al discloses all of the claim limitation not explicitly discloses a radius of curvature R1= r' of a first surface of the GRIN element and/or the radius of curvature R2 = r of a second surface of the GRIN element is at least 50 mm, and/or a thickness of the GRIN element in the chief ray direction of an imaging path of the real image representation of the surroundings or in the radial direction is at least 0.1 mm and/or at most 10 mm (POPOVICH et al discloses refer to figure 6 is a plot for a maximum of 30 mm but as is clear from paragraph [0056], the value can be different depending on the material of which is gradient index light guide imposed. Therefore, it is assumed).
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide teaching a thickness of the GRIN element in the chief ray direction of an imaging path of the real image representation of the surroundings or in the radial direction is at least 0.1 mm and/or at most 10 mm in to the POPOVICH et al an optical waveguide preventing extracting light from external source as taught by POPOVICH et.
Claim(s) 38 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over POPOVICH et al (2018/0011324 A1) in view of Boardman et al (2024/0019625 A1).
Regarding claim 38, POPOVICH et al discloses all of the claimed limitations except wherein the refractive index is constant along a third dimension of the defined coordinate system, and wherein the third dimension makes a tilt angle with the chief ray direction of an imaging path of the real image representation of the surroundings.
Boardman et al discloses the refractive index is constant along a third dimension of the defined coordinate system, and wherein the third dimension makes a tilt angle with the chief ray direction of an imaging path of the real image representation of the surroundings (third dimension x-z plane, paragraph 0129 and tilt angle , paragraph 0151).
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide teaching the refractive index is constant along a third dimension of the defined coordinate system, and wherein the third dimension makes a tilt angle with the chief ray direction of an imaging path of the real image representation of the surrounding in to the POPOVICH et al an optical wave guide increase the volume of space and eye box as taught by Boardman et al (paragraph 0009).
Regarding claim 39, combination of POPOVICH et al in view of Boardman et al discloses wherein an absolute value of the tilt angle is greater than 2 degrees.
Allowable Subject Matter
5. Claims32- 35 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.
6. The following is a statement of reasons for the indication of allowable subject matter: wherein a gradient Sn/dx of the refractive index n is between 0 mm-1 and 0.02 mm-1 in a direction x and wherein the gradient Sn/dx of the refractive index n is between 0 mm-1 and 0.02 mm-1 in a direction x perpendicular to the chief ray direction of an imaging path of the real image representation of the surroundings or in a direction x parallel to the chief ray direction of an imaging path of the real image representation of the surroundings or in a radial direction x or in a direction x perpendicular to the optical axis or in a direction x parallel to the optical axis and a change in the refractive index An in the GRIN element is between 0.005 and 0.20 and a change in the refractive index An in the GRIN element is between 0.01 and 0.15 in the radial direction.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED A HASAN whose telephone number is (571)272-2331. The examiner can normally be reached M-TH 6 AM -4 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at 571-272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED A HASAN/Primary Examiner, Art Unit 2872 7/16/2026
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