Prosecution Insights
Last updated: July 17, 2026
Application No. 18/886,763

DYNAMIC INCOUPLING GRATINGS IN IMAGING SYSTEMS

Non-Final OA §102§103
Filed
Sep 16, 2024
Priority
Aug 28, 2018 — provisional 62/723,688 +3 more
Examiner
RAKOWSKI, CARA E
Art Unit
Tech Center
Assignee
Magic Leap Inc.
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
70%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
359 granted / 552 resolved
+5.0% vs TC avg
Moderate +6% lift
Without
With
+5.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
41 currently pending
Career history
589
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
81.2%
+41.2% vs TC avg
§102
11.4%
-28.6% vs TC avg
§112
5.9%
-34.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 552 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION The instant application having Application No. 18/886,763 filed on September 16, 2024 is presented for examination by the examiner. 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. Drawings The applicant’s drawings submitted on September 16, 2024 are acceptable for examination purposes. Information Disclosure Statement As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated December 31, 2024 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-14 and 19-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 and 12-19 of U.S. Patent No. 12,124,052 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as explained in the tables below: Instant claims 1-3 over patented claims 17-19 Instant application US 12,124,052 B2 Explanation as needed 1. A method of projecting an image light field to an eye of a viewer, the method comprising: modulating, by a controller, an intensity of a light beam in a sequence of time slots, each time slot of the sequence of time slots corresponding to a respective field angle of the image light field, the intensity of the light beam in each time slot of the sequence of time slots corresponding to an intensity of the image light field at the respective field angle; propagating the light beam onto a dynamic input coupling grating (ICG); controlling the dynamic ICG, by the controller, to diffract a respective portion of the light beam into a waveguide at a respective angle corresponding to the respective field angle for each time slot of the sequence of time slots; and directing each respective portion of the light beam out of the waveguide toward the eye at the respective field angle, thereby projecting the image light field to the eye of the viewer. 17. A method of projecting an image light field to an eye of a viewer, the method comprising: modulating, by a controller, an intensity of a light beam in a sequence of time slots, each time slot of the sequence of time slots corresponding to a respective field angle of a pixel in the image light field, the intensity of the light beam in each time slot of the sequence of time slots corresponding to an intensity of the pixel in the image light field at the respective field angle; propagating the light beam onto a dynamic input coupling grating (ICG)… controlling the dynamic ICG, by the controller, to diffract a respective portion of the light beam into the waveguide at a respective angle corresponding to the respective field angle of the pixel for each time slot of the sequence of time slots… directing each respective portion of the light beam out of the waveguide toward the eye at the respective field angle, thereby projecting the image light field to the eye of the viewer. 2. The method of claim 1, wherein the dynamic ICG comprises a surface acoustic wave (SAW) modulator coupled to an oscillating electric signal source, the method further comprising: controlling, by the controller, operation of the oscillating electric signal source to supply an oscillating electric signal to the SAW modulator to generate respective acoustic waves that propagate on a surface of the SAW modulator. 18. The method of claim 17, wherein: the dynamic ICG comprises a surface acoustic wave (SAW) modulator coupled to an oscillating electric signal source; and the method includes controlling operation of the oscillating electric signal source, by the controller, to supply an oscillating electric signal to the SAW modulator to generate respective acoustic waves that propagate on a surface of the SAW modulator… 3. The method of claim 2, wherein the SAW modulator comprises a substrate and a piezoelectric transducer attached to the substrate, the method further comprising: supplying the oscillating electric signal to the piezoelectric transducer to generate the respective acoustic waves; and propagating the respective acoustic waves on a surface of the substrate. 19. The method of claim 18, wherein: the SAW modulator comprises a substrate and a piezoelectric transducer attached to the substrate; the oscillating electric signal is supplied to the piezoelectric transducer to generate the respective acoustic waves; and the respective acoustic waves propagate on a surface of the substrate. Instant claims 1-14 and 19-20 over patented claims 1-9 and 12-16 Instant application US 12,124,052 B2 Explanation as needed 1. A method of projecting an image light field to an eye of a viewer, the method comprising: modulating, by a controller, an intensity of a light beam in a sequence of time slots, each time slot of the sequence of time slots corresponding to a respective field angle of the image light field, the intensity of the light beam in each time slot of the sequence of time slots corresponding to an intensity of the image light field at the respective field angle; propagating the light beam onto a dynamic input coupling grating (ICG); controlling the dynamic ICG, by the controller, to diffract a respective portion of the light beam into a waveguide at a respective angle corresponding to the respective field angle for each time slot of the sequence of time slots; and directing each respective portion of the light beam out of the waveguide toward the eye at the respective field angle, thereby projecting the image light field to the eye of the viewer. 1. An eyepiece for projecting an image light field to an eye of a viewer, the eyepiece comprising: … a controller coupled to the light source… the controller being configured to: modulate an intensity of the light beam in a sequence of time slots, each time slot of the sequence of time slots corresponding to a respective field angle of a pixel in the image light field, the intensity of the light beam in each time slot of the sequence of time slots corresponding to an intensity of the pixel in the image light field at the respective field angle; … a light source configured to generate a light beam transmitted to the dynamic ICG and control the dynamic ICG to, for each time slot of the sequence of time slots, diffract a respective portion of the light beam into the waveguide at a respective angle corresponding to the respective field angle of the pixel… configured to direct each respective portion of the light beam out of the waveguide toward the eye of the viewer at the respective field angle, thereby projecting the image light field to the eye of the viewer. see steps below. 2. The method of claim 1, wherein the dynamic ICG comprises a surface acoustic wave (SAW) modulator coupled to an oscillating electric signal source, the method further comprising: controlling, by the controller, operation of the oscillating electric signal source to supply an oscillating electric signal to the SAW modulator to generate respective acoustic waves that propagate on a surface of the SAW modulator. 2. The eyepiece of claim 1, wherein the dynamic ICG comprises a surface acoustic wave (SAW) modulator coupled to an oscillating electric signal source operable, under control of the controller, to supply an oscillating electric signal to the SAW modulator to generate respective acoustic waves that propagate on a surface of the SAW modulator… 3. The method of claim 2, wherein the SAW modulator comprises a substrate and a piezoelectric transducer attached to the substrate, the method further comprising: supplying the oscillating electric signal to the piezoelectric transducer to generate the respective acoustic waves; and propagating the respective acoustic waves on a surface of the substrate. 3. The eyepiece of claim 2, wherein: the SAW modulator comprises a substrate and a transducer attached to the substrate; 4. The eyepiece of claim 3, wherein the transducer comprises a piezoelectric transducer. 3. the transducer is coupled to the oscillating electric signal source to drive the transducer to generate the respective acoustic waves. 2. respective acoustic waves that propagate on a surface of the SAW modulator 4. The method of claim 2, wherein the SAW modulator includes a substrate, a first transducer attached to the substrate, and a second transducer attached to the substrate, the method further comprising: configuring the first transducer to vibrate in a first axis; configuring the second transducer to vibrate in a second axis orthogonal to the first axis; and coupling the first transducer and the second transducer to the oscillating electric signal source to drive the first transducer and the second transducer to generate the respective acoustic waves. 5. The eyepiece of claim 2, wherein: the SAW modulator includes a substrate, a first transducer attached to the substrate, and a second transducer attached to the substrate; the first transducer is configured to vibrate in a first axis; the second transducer is configured to vibrate in a second axis orthogonal to the first axis; and the first transducer and the second transducer are coupled to the oscillating electric signal source to drive the first transducer and the second transducer to generate the respective acoustic waves. 5. The method of claim 2, wherein the SAW modulator includes a substrate including a material that exhibits a piezoelectric effect that generates the respective acoustic waves. 6. The eyepiece of claim 2, wherein: the SAW modulator includes a substrate; and the substrate comprises a material that exhibits a piezoelectric effect that generates the respective acoustic waves. 6. The method of claim 5, wherein the material that exhibits the piezoelectric effect comprises one of fused silica, lithium niobate, arsenic trisulfide, tellurium dioxide, tellurite glass, or lead silicate. 7. The eyepiece of claim 6, wherein the material that exhibits the piezoelectric effect comprises one of fused silica, lithium niobate, arsenic trisulfide, tellurium dioxide, tellurite glass, or lead silicate. 7. The method of claim 2, wherein the SAW modulator is an integral part of the waveguide. 1. a dynamic input coupling grating (ICG) formed as an integral part on the first surface of the waveguide 8. The method of claim 1, wherein the light beam is incident on a surface of the dynamic ICG in a direction perpendicular to the surface of the dynamic ICG. 8. The eyepiece of claim 1, wherein the light beam is incident on a surface of the dynamic ICG along a direction perpendicular to the surface of the dynamic ICG. 9. The method of claim 1, wherein the light beam is at a non-zero bias angle relative to a direction perpendicular to a surface of the dynamic ICG. 9. The eyepiece of claim 1, wherein the light beam is incident on a surface of the dynamic ICG at a non-zero bias angle relative to a direction perpendicular to the surface of the dynamic ICG. 10. The method of claim 1, further comprising: modulating, by the controller, an intensity of a second light beam in the sequence of time slots; propagating the second light beam onto the dynamic ICG; controlling the dynamic ICG, by the controller, to diffract a respective portion of the second light beam into the waveguide at a respective angle; and directing each respective portion of the second light beam out of the waveguide toward the eye at the respective field angle, wherein the light beam is incident on a surface of the dynamic ICG via propagation of the light beam in a first direction, wherein the intensities of the light beam in the sequence of time slots correspond to intensities of the image light field in a first range of angular field of view (FOV), wherein the second light beam is incident on the surface of the dynamic ICG via propagation of the second light beam in a second direction different from the first direction, and wherein the intensities of the second light beam in the sequence of time slots correspond to intensities of the image light field in a second range of angular FOV different from the first range of angular FOV. 13. The eyepiece of claim 1, the light source is further configured to generate a second light beam transmitted to the dynamic ICG; … the intensities of the second light beam in the sequence of time the second light beam is incident on the surface of the dynamic ICG via propagation of the second light beam 1. control the dynamic ICG to, for each time slot of the sequence of time slots, diffract a respective portion of the light beam into the waveguide at a respective angle corresponding to the respective field angle 13. the light beam is incident on a surface of the dynamic ICG via propagation of the light beam in a first direction; the intensities of the light beam in the sequence of time slots correspond to intensities of the image light field in a first range of angular field of view (FOV);… the second light beam is incident on the surface of the dynamic ICG via propagation of the second light beam in a second direction different from the first direction; the intensities of the second light beam in the sequence of time slots correspond to intensities of the image light field in a second range of angular FOV different from the first range of angular FOV. If the dynamic ICG is controlled to diffract a portion of the light beam it is also controlled to diffract a portion of the second light beam 11. The method of claim 1, wherein the waveguide is transparent, the method further comprising superimposing the image light field on an external image transmitted through the waveguide to the eye of the viewer. 14. The eyepiece of claim 1, wherein the waveguide is transparent so that the image light field is superimposed on an external image transmitted through the waveguide to the eye of the viewer. 12. The method of claim 1, wherein each respective portion of the light beam is directed out of the waveguide toward the eye at the respective field angle via a diffractive optical element (DOE), the method further comprising configuring the DOE to diffract each respective portion of the light beam out of the waveguide toward the eye at the respective field angle. 15. The eyepiece of claim 1, … each respective portion of the light beam out of the waveguide toward the eye of the viewer at the respective field angle… wherein the exit pupil expander comprises a diffractive optical element (DOE) configured to diffract each respective portion of the light beam out of the waveguide toward the eye of the viewer at the respective field angle. 13. The method of claim 1, wherein the light beam propagates to the dynamic ICG on an optical axis having a fixed position and orientation relative to the dynamic ICG. 16. The eyepiece of claim 1, wherein the light beam propagates to the dynamic ICG on an optical axis having a fixed position and orientation relative to the dynamic ICG. 14. An eyepiece for projecting an image light field to an eye of a viewer for forming an image of virtual content, the eyepiece comprising: a waveguide configured to propagate light therein, the waveguide including an input pupil; a light source configured to deliver a light beam to be incident on the waveguide at the input pupil; a controller coupled to the light source and configured to modulate an intensity of the light beam in a plurality of time slots, each time slot corresponding to a respective field angle of the image, and the intensity of the light beam in each time slot corresponding to an intensity of the image at the respective field angle; a dynamic input coupling grating (ICG) formed on a first lateral region of the waveguide corresponding to the input pupil, wherein the dynamic ICG is configured to: for each time slot, diffract a respective portion of the light beam into the waveguide at a respective total internal reflection (TIR) angle corresponding to a respective field angle; and scan the TIR angle from one time slot to a next time slot in accordance with modulation of the light beam; and an outcoupling diffractive optical element (DOE) coupled to a second lateral region of the waveguide and configured to: diffract each respective portion of the light beam out of the waveguide toward the eye at the respective field angle; and project the image light field to the eye of the viewer. 1. An eyepiece for projecting an image light field to an eye of a viewer, the eyepiece comprising: a waveguide configured to propagate light via total internal reflection (TIR) inside the waveguide… a dynamic input coupling grating (ICG) formed as an integral part on the first surface of the waveguide in a first lateral region of the waveguide… a light source configured to generate a light beam transmitted to the dynamic ICG; a controller coupled to the light source … the controller being configured to: modulate an intensity of the light beam in a sequence of time slots, each time slot of the sequence of time slots corresponding to a respective field angle of a pixel in the image light field, the intensity of the light beam in each time slot of the sequence of time slots corresponding to an intensity of the pixel in the image light field at the respective field angle; a dynamic input coupling grating (ICG) formed as an integral part on the first surface of the waveguide in a first lateral region of the waveguide control the dynamic ICG to, for each time slot of the sequence of time slots, diffract a respective portion of the light beam into the waveguide at a respective angle corresponding to the respective field angle of the pixel prior to propagation by total internal reflection inside the waveguide; controller coupled to the light source and the dynamic ICG, an exit pupil expander coupled to a second lateral region of the waveguide and configured to 15. The eyepiece of claim 1, wherein the exit pupil expander comprises a diffractive optical element (DOE) 15. configured to diffract each respective portion of the light beam out of the waveguide toward the eye of the viewer at the respective field angle. 1. direct each respective portion of the light beam out of the waveguide toward the eye of the viewer at the respective field angle, thereby projecting the image light field to the eye of the viewer. The first lateral region of the waveguide with the ICG is an input pupil. This is inherent to the sequence of time slots and the fact that the ICG and the light source are being controlled in accordance with one another. 19. The eyepiece of claim 14, wherein the light beam is incident on the waveguide substantially at a non-zero bias angle. 9. The eyepiece of claim 1, wherein the light beam is incident on a surface of the dynamic ICG at a non-zero bias angle relative to a direction perpendicular to the surface of the dynamic ICG. 20. The eyepiece of claim 14, further comprising a static grating coupled to the waveguide at the input pupil and configured to receive the light beam and diffract a portion of the light beam at a bias angle toward the dynamic ICG. 12. The eyepiece of claim 11, further comprising a static grating coupled to the waveguide, the static grating being configured to diffract a portion of the light beam towards the dynamic ICG at a non-zero bias angle relative to a direction perpendicular to a surface of the dynamic ICG. 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. Claims 1, 9, 11-12, 14 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Popovich et al. USPGPub 2016/0004090 (hereafter Popovich). Regarding claim 1, Popovich teaches “A method (see steps below) of projecting an image light field to an eye of a viewer (paragraph [0074]: “the eye may observe the entire displayed image”), the method comprising: modulating, by a controller (that which controls the illumination source 1 of Fig.5 and paragraph [0076]: “active matrix voltage control circuitry” which controls the couplers), an intensity of a light beam (rays 100R, 100G, 100B; paragraph [0073]: “the intensity of the scanned beam is modulated by varying the refractive index modulation of at least one of the switchable grating elements traversed by the beam. Advantageously the elements of the first array are used to modulate the beam.”) in a sequence of time slots (paragraph [0073]: “the scanner scans the light into discrete angular steps”), each time slot of the sequence of time slots corresponding to a respective field angle of the image light field (paragraph [0073]: “angular steps”), the intensity of the light beam in each time slot of the sequence of time slots corresponding to an intensity of the image light field at the respective field angle (paragraph [0074]: “a symbol image such as the one illustrated in FIG. 7 may be written. The symbol image comprises bright pixels 113 and dark pixels 114… It should be apparent that by switching the voltage to provide grey levels and taking advantage of the colour gamut provided by the red, green blue illumination more complex images may be generated”); propagating the light beam onto a dynamic input coupling grating (ICG) (first array of gratings 24A-24D, which are dynamic in that they are switchable see paragraph [0061] and are input gratings in that they take the light and input into 30/31 and which receive rays 100R, 100G, 100B); controlling the dynamic ICG, by the controller (paragraph [0074]: “an active matrix switching scheme would be used to control the voltages applied to the first and second arrays.”), to diffract a respective portion of the light beam into a waveguide (paragraph [0011]: “Each switchable grating element has a diffracting state and a non diffracting state… Each element of the first array when in its diffracting state directing light via the second coupling means into a second TIR path along a row of the second array for directing the first TIR light into a second TIR path”) at a respective angle corresponding to the respective field angle for each time slot of the sequence of time slots (paragraph [0074]: “The TIR path of the illumination light at one point in the beam angular sweep is indicated by the rays 114R, 114G, 114B”); and directing each respective portion of the light beam out of the waveguide toward the eye at the respective field angle (paragraph [0074]: “The light deflected out of the display at one extreme of the beam angular sweep is indicated by rays 115R, 115G, 115B and at the other extreme of the beam angular sweep by the rays 116R, 116G, 116B”), thereby projecting the image light field to the eye of the viewer (paragraph [0074]: “the eye may observe the entire displayed image”).” Regarding claim 9, Popovich teaches “The method of claim 1, wherein the light beam is incident at a non-zero bias angle relative to a direction perpendicular to the surface of the dynamic ICG (see Fig. 5, beams 112R, 112G, and 112B can be at non-zero angles relative the a vertical direction perpendicular to grating coupler 44 “essentially the first coupling means discussed above” see paragraph [0069]).” Regarding claim 11, Popovich teaches “The method of claim 1, wherein the waveguide is transparent (e.g. paragraph [0083]: “high transparency to external light”), the method further comprising superimposing the image light field on an external image transmitted through the waveguide to the eye of the viewer (paragraph [0074]: “In a typical application of the invention the viewable image is overlaid on the external scene in the manner of a Heads Up Display (HUD).”).” Regarding claim 12, Popovich teaches “The method of claim 1, wherein each respective portion of the light beam is directed out of the waveguide toward the eye at the respective field angle via a diffractive optical element (DOE) (paragraph [0063]: “In one embodiment of the invention an element of the second array in its diffracting state forms an image of the information encoded within the grating element at a predefined viewing range and an angular bearing defined by the instantaneous deflection angles of the scanned beam.”), the method further comprising configuring the DOE (“switchable grating elements 11A-11D) to diffract each respective portion of the light beam out of the waveguide toward the eye at the respective field angle (paragraph [0063]: “In one embodiment of the invention an element of the second array in its diffracting state forms an image of the information encoded within the grating element at a predefined viewing range and an angular bearing defined by the instantaneous deflection angles of the scanned beam.”).” Regarding claim 14, Popovich teaches “An eyepiece (transparent wearable data display of Fig. 1) for projecting an image light field (paragraph [0074]: “symbol image such as the one illustrated in FIG. 7”) to an eye of a viewer for forming an image of virtual content (paragraph [0074]: “the eye may observe the entire displayed image”), the eyepiece comprising: a waveguide (first and second light guides of substrates 25, 26, 30 and 31) configured to propagate light therein (paragraph [0011] “total internal reflection (TIR) light path”), the waveguide including an input pupil (first array of gratings 24A-24D); a light source (illumination source 1) configured to deliver a light beam (rays 100R, 100G, 100B) to be incident on the waveguide at the input pupil (see Fig. 1); a controller coupled to the light source (that which controls the illumination source 1 of Fig.5 and paragraph [0076]: “active matrix voltage control circuitry” which controls the couplers) and configured to modulate an intensity of the light beam (paragraph [0073]: “the intensity of the scanned beam is modulated by varying the refractive index modulation of at least one of the switchable grating elements traversed by the beam. Advantageously the elements of the first array are used to modulate the beam.”) in a plurality of time slots (paragraph [0073]: “the scanner scans the light into discrete angular steps”), each time slot corresponding to a respective field angle of the image (paragraph [0073]: “angular steps”), and the intensity of the light beam in each time slot corresponding to an intensity of the image at the respective field angle (paragraph [0074]: “a symbol image such as the one illustrated in FIG. 7 may be written. The symbol image comprises bright pixels 113 and dark pixels 114… It should be apparent that by switching the voltage to provide grey levels and taking advantage of the colour gamut provided by the red, green blue illumination more complex images may be generated”); a dynamic input coupling grating (ICG) (first array of gratings 24A-24D, which are dynamic in that they are switchable see paragraph [0061] and are input gratings in that they take the light and input into 30/31) formed on a first lateral region of the waveguide corresponding to the input pupil (see Figs. 1 and 2, 24A-D are depicted as being in the left-hand side of the light guide), wherein the dynamic ICG is configured to: for each time slot, diffract a respective portion of the light beam into the waveguide (paragraph [0011]: “Each switchable grating element has a diffracting state and a non diffracting state… Each element of the first array when in its diffracting state directing light via the second coupling means into a second TIR path along a row of the second array for directing the first TIR light into a second TIR path”) at a respective total internal reflection (TIR) angle corresponding to a respective field angle (paragraph [0074]: “The TIR path of the illumination light at one point in the beam angular sweep is indicated by the rays 114R, 114G, 114B”); and scan the TIR angle from one time slot to a next time slot in accordance with modulation of the light beam (paragraph [0073]: “the scanner scans the light into discrete angular steps… the intensity of the scanned beam is modulated by varying the refractive index modulation of at least one of the switchable grating elements traversed by the beam. Advantageously the elements of the first array are used to modulate the beam.”); and an outcoupling diffractive optical element (DOE) (second array of gratings 11A-11D, which are an exit pupil expander see paragraph [0080]: “the switchable column principle allow the size of the exit pupil to be expanded by using a sufficiently large subset of columns and matching the column prescriptions to the scanned beam ray directions.”) coupled to a second lateral region of the waveguide (the right-hand side in Figs. 1 and 2) and configured to: diffract each respective portion of the light beam out of the waveguide toward the eye at the respective field angle (paragraph [0074]: “The light deflected out of the display at one extreme of the beam angular sweep is indicated by rays 115R, 115G, 115B and at the other extreme of the beam angular sweep by the rays 116R, 116G, 116B”); and project the image light field to the eye of the viewer (paragraph [0074]: “the eye may observe the entire displayed image”).” Regarding claim 19, Popovich teaches “The eyepiece of claim 14, wherein the light beam is incident on the waveguide substantially at a non-zero bias angle (see Fig. 5, beams 112R, 112G, and 112B can be at non-zero angles relative the a vertical direction perpendicular to grating coupler 44 “essentially the first coupling means discussed above” see paragraph [0069]).”. Claims 1-6, 11 and 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grata et al. US 2016/0286204 (hereafter Grata). Regarding claim 1, Grata teaches “A method (see steps below) of projecting an image light field to an eye of a viewer (e.g. Fig. 9 “To Viewer 914”), the method comprising: modulating, by a controller, an intensity of a light beam in a sequence of time slots, each time slot of the sequence of time slots corresponding to a respective field angle of the image light field, the intensity of the light beam in each time slot of the sequence of time slots corresponding to an intensity of the image light field at the respective field angle (see paragraph [0063] Image output 1150, scanned horizontally 1152 and vertically 1154. These scans are respective field angles in a time slot. That the intensity of the light beam is also modulated in these sequence of time slots is inherent to the fact that an image is formed, such as that of a tree. If the intensity were not modulated the display field would always be a single solid color, such as white); propagating the light beam onto (see input light 902) a dynamic input coupling grating (ICG) (AO Modulator 1106); controlling the dynamic ICG, by the controller, to diffract a respective portion of the light beam into a waveguide at a respective angle corresponding to the respective field angle for each time slot of the sequence of time slots (see paragraph [0063] and paragraph [0071]: “the transducer may receive instructions from a logic module that instructs the transducer to produce SAWs at different frequencies to deflect the image light”); and directing each respective portion of the light beam out of the waveguide toward the eye at the respective field angle, thereby projecting the image light field to the eye of the viewer (see outcoupling of the image from DOE assembly 530 to the viewer in Figs. 9 and 11).” Regarding claim 2, Grata teaches “The method of claim 1, wherein: the dynamic ICG comprises a surface acoustic wave (SAW) modulator (Fig. 11 Horizontal SAW 1112 and Vertical SAW 1118) coupled to an oscillating electric signal source (paragraph [0058]: “a transducer 908 may be supplied with very low voltages that causes the substrate to jiggle back and forth to produce waves along the surface of the substrate (e.g. “surface acoustic waves”)… for example, if the transducer 908 receives 60 Hz AC” Hertz of alternating current are an oscillating electric signal); the method further comprising: controlling, by the controller, operation of the oscillating electric signal source to supply an oscillating electric signal to the SAW modulator (paragraph [0058]: “if the transducer 908 receives 60 Hz AC, the period of the surface acoustic waves approximately matches 60 Hz”) to generate respective acoustic waves that propagate on a surface of the SAW modulator (paragraphs [0060]: “the surface acoustic waves act as a diffraction grating that diffracts the image light out of the waveguide/substrate interface (e.g. the interface between 912 and 906 in FIG. 9) at angles proportional to the grating width (e.g. the distance from peak to peak for the surface acoustic wave). In this way, the input light 902 traveling through the waveguide 906 may be deflected by refraction (caused by the change in index of refraction of the substrate 912) and diffraction (caused by the surface acoustic waves inducing a diffraction grating effect proportional to the wave period). The combined effects can be used to guide the input light 902 onto a number of in-coupling grating targets, such as in-coupling grating 906.”).” Regarding claim 3, Grata teaches “The method of claim 2, wherein: the SAW modulator comprises a substrate (substrate 1108) and a piezoelectric transducer attached to the substrate (horizontal transducer 1116 and vertical transducer 1120 which are both piezoelectric see paragraph [0038]: “a piezoelectric drive/transducer”); the method further comprising: supplying the oscillating electric signal to the piezoelectric transducer to generate the respective acoustic waves(paragraph [0058]: “a transducer 908 may be supplied with very low voltages that causes the substrate to jiggle back and forth to produce waves along the surface of the substrate (e.g. “surface acoustic waves”)… for example, if the transducer 908 receives 60 Hz AC, the period of the surface acoustic waves approximately matches 60 Hz” Hertz of alternating current are an oscillating electric signal); and propagating the respective acoustic waves on a surface of the substrate (paragraph [0058]: “produce waves along the surface of the substrate”).” Regarding claim 4, Grata teaches “The method of claim 2, wherein the SAW modulator includes a substrate (substrate 1108), a first transducer (Horizontal Transducer 1116) attached to the substrate (see Fig. 11), and a second transducer (Vertical Transducer 1120) attached to the substrate (see Fig. 11), the method further comprising: configuring the first transducer to vibrate in a first axis (paragraph [0063]: “To direct the beam to scan the image horizontally 1152, the horizontal transducer can modulate the horizontal surface acoustic waves by controlling the frequency and thus the horizontal deflection of the light.”); configuring the second transducer to vibrate in a second axis orthogonal to the first axis (paragraph [0063]: “Likewise, to scan the image output vertically 1154, the vertical transducer 1120 can modulate the vertical surface acoustic waves 1118 by controlling the frequency and thus the vertical deflection of light”); and coupling the first transducer and the second transducer to the oscillating electric signal source to drive the first transducer and the second transducer to generate the respective acoustic waves (paragraph [0063] “the horizontal transducer can modulate the horizontal surface acoustic waves by controlling the frequency… the vertical transducer 1120 can modulate the vertical surface acoustic waves 1118 by controlling the frequency”).” Regarding claim 5, Grata teaches “The method of claim 2, wherein the SAW modulator includes a substrate (substrate 1108) including a material that exhibits a piezoelectric effect (paragraph [0056]: “the substrate comprises a piezoelectric material”) that generates the respective acoustic waves (paragraph [0059]: “the surface acoustic waves change the index of refraction of the substrate”).” Regarding claim 6, Grata teaches “The method of claim 5, wherein the material that exhibits the piezoelectric effect comprises one of fused silica, lithium niobate, arsenic trisulfide, tellurium dioxide, tellurite glass, or lead silicate (paragraph [0056]: “the substrate comprises a thin sheet of lithium niobate, which is also piezoelectric”).” Regarding claim 11, Grata teaches “The method of claim 1, wherein the waveguide is transparent, the method further comprising superimposing the image light field on an external image transmitted through the waveguide to the eye of the viewer (e.g. paragraph [0022] “augmented reality headset”).” Regarding claim 13, Grata teaches “The method of claim 1, wherein the light beam propagates to the dynamic ICG on an optical axis having a fixed position and orientation relative to the dynamic ICG (input light 902 has an optical axis having a fixed position and orientation relative to AO Modulator 1106 in Fig. 11).” Regarding claim 14, Grata teaches (Figs. 9 and 11) “An eyepiece for projecting an image light field to an eye of a viewer for forming an image of virtual content (“To viewer 914”), the eyepiece comprising: a waveguide (DOE assembly 530) configured to propagate light therein (e.g. paragraph [0059] “total internal reflection occurring within the waveguide”), the waveguide including an input pupil (left hand side of DOE 530 into which light is input); a light source (input 902) configured to deliver a light beam to be incident on the waveguide at the input pupil (see Fig. 11); a controller (Logic Module 950) coupled to the light source and configured to modulate an intensity of the light beam in a plurality of time slots, each time slot corresponding to a respective field angle of the image, and the intensity of the light beam in each time slot corresponding to an intensity of the image at the respective field angle (see paragraph [0063] Image output 1150, scanned horizontally 1152 and vertically 1154. These scans are respective field angles in a time slot. That the intensity of the light beam is also modulated in these sequence of time slots is inherent to the fact that an image is formed, such as that of a tree. If the intensity were not modulated the display field would always be a single solid color, such as white); a dynamic input coupling grating (ICG) (AO Modulator 1106, which is dynamic because it is a modulator, is an input coupler because it directs light into the waveguide and is a grating see e.g. paragraph [0059] “diffraction grating”) formed on a first lateral region of the waveguide corresponding to the input pupil (see Fig. 11, AO Modulator 1106 is on a first lateral region of the waveguide in that it is attached to the surface of the waveguide in a left lateral region), wherein the dynamic ICG is configured to: for each time slot, diffract a respective portion of the light beam into the waveguide at a respective total internal reflection (TIR) angle corresponding to a respective field angle (see paragraph [0063] and paragraph [0071]: “the transducer may receive instructions from a logic module that instructs the transducer to produce SAWs at different frequencies to deflect the image light”); and scan the TIR angle from one time slot to a next time slot in accordance with modulation of the light beam; and an outcoupling diffractive optical element (DOE) (paragraph [0055]: “The image may then exit the DOE layers towards the viewer 914 using a second set of diffraction gratings (not depicted).”) coupled to a second lateral region of the waveguide (region of the right hand side of 530 from which light exits) and configured to: diffract each respective portion of the light beam out of the waveguide toward the eye at the respective field angle (paragraph [0055]: “The image may then exit the DOE layers towards the viewer 914 using a second set of diffraction gratings (not depicted).”); and project the image light field to the eye of the viewer (paragraph [0055]: “The image may then exit the DOE layers towards the viewer 914 using a second set of diffraction gratings (not depicted).”).” Regarding claim 15, Grata teaches “The eyepiece of claim 14, wherein the dynamic ICG comprises a surface acoustic wave (SAW) modulator (Fig. 11 Horizontal SAW 1112 and Vertical SAW 1118) including: a layer of a piezoelectric material (horizontal transducer 1116 and vertical transducer 1120 which are both piezoelectric see paragraph [0038]: “a piezoelectric drive/transducer”); and a transducer coupled to an oscillating electric signal source (paragraph [0058]: “a transducer 908 may be supplied with very low voltages that causes the substrate to jiggle back and forth to produce waves along the surface of the substrate (e.g. “surface acoustic waves”)… for example, if the transducer 908 receives 60 Hz AC” Hertz of alternating current are an oscillating electric signal) configured to: drive the transducer at a plurality of frequencies (paragraph [0058]: “by changing the frequency of the transducer, the period of the induced surface waves can be controlled and/or tuned”), each respective frequency corresponding to a respective time slot (paragraph [0058]: “the image processing generator 502, manage the AO modulator to produce the sequences of frequencies.”); and create a respective sound wave in the layer of the piezoelectric material with a respective spatial period (paragraph [0058]: “if the transducer 908 receives 60 Hz AC, the period of the surface acoustic waves approximately matches 60 Hz”); wherein the dynamic ICG is further configured to diffract the respective portion of the light beam into the waveguide at the respective TIR angle in the respective time slot (paragraphs [0060]: “the surface acoustic waves act as a diffraction grating that diffracts the image light out of the waveguide/substrate interface (e.g. the interface between 912 and 906 in FIG. 9) at angles proportional to the grating width (e.g. the distance from peak to peak for the surface acoustic wave). In this way, the input light 902 traveling through the waveguide 906 may be deflected by refraction (caused by the change in index of refraction of the substrate 912) and diffraction (caused by the surface acoustic waves inducing a diffraction grating effect proportional to the wave period). The combined effects can be used to guide the input light 902 onto a number of in-coupling grating targets, such as in-coupling grating 906.”).” Regarding claim 16, Grata teaches “The eyepiece of claim 15, wherein the transducer comprises: a piezoelectric transducer (horizontal transducer 1116 and vertical transducer 1120 which are both piezoelectric see paragraph [0038]: “a piezoelectric drive/transducer”); or a first transducer (Horizontal Transducer 1116) configured to vibrate in a first axis (paragraph [0063]: “To direct the beam to scan the image horizontally 1152, the horizontal transducer can modulate the horizontal surface acoustic waves by controlling the frequency and thus the horizontal deflection of the light.”); and a second transducer (Vertical Transducer 1120) configured to vibrate in a second axis orthogonal to the first axis (paragraph [0063]: “Likewise, to scan the image output vertically 1154, the vertical transducer 1120 can modulate the vertical surface acoustic waves 1118 by controlling the frequency and thus the vertical deflection of light”).” Regarding claim 17, Grata teaches “The eyepiece of claim 15, wherein the piezoelectric material comprises one of fused silica, lithium niobate, arsenic trisulfide, tellurium dioxide, tellurite glass, or lead silicate (paragraph [0056]: “the substrate comprises a thin sheet of lithium niobate, which is also piezoelectric”).” Claims 1, 8-9 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Travers et al. US 2014/0300966 A1 (cited in an IDS, hereafter Travers). Regarding claim 1, Travers teaches (Figs. 1-3) “A method (see steps below) of projecting an image light field to an eye of a viewer (paragraph [0001]: “for presenting virtual images within exit pupils”), the method comprising: modulating, by a controller (controller 38), an intensity of a light beam in a sequence of time slots (see image generator 22 with light source 32 which emit and direct a light beam see Fig. 1 and paragraph [0031]: “a succession of angularly related beams corresponding to the pixel positions within the intended image.”), each time slot of the sequence of time slots corresponding to a respective field angle of the image light field (paragraph [0031]: “The controller 38, which synchronizes the output of the light source to the angular position of the scanning mirror 24, individually generates each pixel of the generated image as one of a succession of angularly related beams corresponding to the pixel positions within the intended image.”), the intensity of the light beam in each time slot of the sequence of time slots corresponding to an intensity of the image light field at the respective field angle (paragraph [0059]: “In a scanned input system, the exact path and width of each angularly related beam can be controlled to balance the perceived illumination intensity both across the pupil for a specific field angle and across the entire field of the output virtual image.”); propagating the light beam onto a dynamic input coupling grating (ICG) (controllable input aperture 14, paragraph [0034]: “The controllable input aperture 14 comprises a stack of independently controllable diffractive components”); controlling the dynamic ICG, by the controller, to diffract a respective portion of the light beam into a waveguide (waveguide 12) at a respective angle corresponding to the respective field angle for each time slot of the sequence of time slots (paragraph [0033]: “The controllable input aperture 14 of the waveguide 12 receives the collimated angularly related beams (e.g., the collimated beam 30) over a range of angles corresponding to the field of view of the generated image. However, the waveguide 12, which propagates light by such mechanisms as total internal reflection, may only support the propagation of a narrower range of beam angles. The controllable input aperture 14 is arranged to provide a multiplexing function whereby sub-ranges of the angularly related beams that define the images are separately injected into the waveguide 12 for further propagation within a narrower range of angles supported by the waveguide 12.”); and directing each respective portion of the light beam out of the waveguide toward the eye at the respective field angle(paragraph [0049]: “the input image… is further diffracted by the controllable output aperture in a direction orthogonal to the surfaces 18 and 20 of the waveguide 12 for ejection from the waveguide 12 the towards the eyebox 42. The controllable output diffractive components 78 and 80 or sections thereof are activated by the controller 38 synchronous with the controllable input diffractive components 70 and 68, respectively for separately injecting and ejecting the different sub-ranges of angularly related beams.”), thereby projecting the image light field to the eye of the viewer (paragraph [0001]: “presenting virtual images within exit pupils.”).” Regarding claim 8, Travers teaches “The method of claim 1, wherein the light beam is incident on a surface of the dynamic ICG in a direction perpendicular to the surface of the dynamic ICG (see Fig. 1).” Regarding claim 9, Travers teaches “The method of claim 1, wherein the light beam is at a non-zero bias angle relative to a direction perpendicular to a surface of the dynamic ICG (paragraph [0031]: “The controller 38, which synchronizes the output of the light source to the angular position of the scanning mirror 24, individually generates each pixel of the generated image as one of a succession of angularly related beams corresponding to the pixel positions within the intended image.” Thus although the central pixels are incident in a direction perpendicular to the surface of the dynamic ICG, other pixels will be incident at a non-zero bias angle).” Regarding claim 11, Travers teaches “The method of claim 1, wherein the waveguide is transparent (paragraph [0039]: “The substrate layers 84, 86 and 88 can be formed from a transmissive optical material, such as BK7 glass”), the method further comprising superimposing the image light field on an external image transmitted through the waveguide to the eye of the viewer (paragraph [0059]: “the waveguide 12 much more transparent for better viewing of the ambient environment from within the eyebox 42.”).” Regarding claim 12, Travers teaches “The method of claim 1, wherein each respective portion of the light beam is directed out of the waveguide toward the eye at the respective field angle via a diffractive optical element (DOE) (paragraph [0048]: “The controllable output aperture 16 includes a first controllable diffractive component 78 and a second controllable diffractive component 80”), the method further comprising configuring the DOE to diffract each respective portion of the light beam out of the waveguide toward the eye at the respective field angle (paragraph [0049]: “the input image that is diffracted horizontally inside the waveguide 12 by the intermediate controllable diffractive optic 90 is further diffracted by the controllable output aperture in a direction orthogonal to the surfaces 18 and 20 of the waveguide 12 for ejection from the waveguide 12 the towards the eyebox 42. The controllable output diffractive components 78 and 80 or sections thereof are activated by the controller 38 synchronous with the controllable input diffractive components 70 and 68, respectively for separately injecting and ejecting the different sub-ranges of angularly related beams.”).” Regarding claim 13, Travers teaches “The method of claim 1, wherein the light beam propagates to the dynamic ICG on an optical axis having a fixed position and orientation relative to the dynamic ICG (see Fig. 1, the optical axis of the light incident on 14 is in a fixed position and orientation relative to 14).” Regarding claim 14, Travers teaches (Figs. 1-3) “An eyepiece (near-eye display 10) for projecting an image light field to an eye of a viewer for forming an image of virtual content (paragraph [0001]: “for presenting virtual images within exit pupils”), the eyepiece comprising: a waveguide (waveguide 12) configured to propagate light therein (paragraph [0033]: “the waveguide 12, which propagates light by such mechanisms as total internal reflection”), the waveguide including an input pupil (controllable input aperture 14); a light source (image generator 22 with light source 32) configured to deliver a light beam to be incident on the waveguide at the input pupil (see Fig. 1 and paragraph [0031]: “a succession of angularly related beams corresponding to the pixel positions within the intended image.”); a controller (controller 38) coupled to the light source (paragraph [0007]: “A controller synchronizes operation of the controllable components of the output aperture with the propagation of different subsets of angularly related beams along the waveguide for ejecting the subsets of angularly related beams out of the waveguide and presenting the virtual image within the eyebox.”) and configured to modulate an intensity of the light beam in a plurality of time slots (paragraph [0031]: “The controller 38, which synchronizes the output of the light source to the angular position of the scanning mirror 24, individually generates each pixel of the generated image as one of a succession of angularly related beams corresponding to the pixel positions within the intended image.”), each time slot corresponding to a respective field angle of the image (paragraph [0031]: “a succession of angularly related beams corresponding to the pixel positions within the intended image.”), and the intensity of the light beam in each time slot corresponding to an intensity of the image at the respective field angle (paragraph [0059]: “In a scanned input system, the exact path and width of each angularly related beam can be controlled to balance the perceived illumination intensity both across the pupil for a specific field angle and across the entire field of the output virtual image.”); a dynamic input coupling grating (ICG) (controllable input aperture 14, paragraph [0034]: “The controllable input aperture 14 comprises a stack of independently controllable diffractive components”) formed on a first lateral region of the waveguide corresponding to the input pupil (lower left region of 12 in Fig. 1), wherein the dynamic ICG is configured to: for each time slot, diffract a respective portion of the light beam into the waveguide at a respective total internal reflection (TIR) angle corresponding to a respective field angle (paragraph [0033]: “The controllable input aperture 14 of the waveguide 12 receives the collimated angularly related beams (e.g., the collimated beam 30) over a range of angles corresponding to the field of view of the generated image. However, the waveguide 12, which propagates light by such mechanisms as total internal reflection, may only support the propagation of a narrower range of beam angles. The controllable input aperture 14 is arranged to provide a multiplexing function whereby sub-ranges of the angularly related beams that define the images are separately injected into the waveguide 12 for further propagation within a narrower range of angles supported by the waveguide 12.”); and scan the TIR angle from one time slot to a next time slot in accordance with modulation of the light beam (paragraph [0033]: “The controllable input aperture 14 of the waveguide 12 receives the collimated angularly related beams (e.g., the collimated beam 30) over a range of angles corresponding to the field of view of the generated image. However, the waveguide 12, which propagates light by such mechanisms as total internal reflection, may only support the propagation of a narrower range of beam angles. The controllable input aperture 14 is arranged to provide a multiplexing function whereby sub-ranges of the angularly related beams that define the images are separately injected into the waveguide 12 for further propagation within a narrower range of angles supported by the waveguide 12.”); and an outcoupling diffractive optical element (DOE) (controllable output aperture 16) coupled to a second lateral region of the waveguide (the upper right lateral region of waveguide 12 in Fig. 1) and configured to: diffract each respective portion of the light beam out of the waveguide toward the eye at the respective field angle (paragraph [0049]: “the input image… is further diffracted by the controllable output aperture in a direction orthogonal to the surfaces 18 and 20 of the waveguide 12 for ejection from the waveguide 12 the towards the eyebox 42. The controllable output diffractive components 78 and 80 or sections thereof are activated by the controller 38 synchronous with the controllable input diffractive components 70 and 68, respectively for separately injecting and ejecting the different sub-ranges of angularly related beams.”); and project the image light field to the eye of the viewer (paragraph [0001]: “presenting virtual images within exit pupils.”).” Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Grata et al. US 2016/0286204 (hereafter Grata) as applied to claim 1 above and further in view of Sugiyama et al. US 2015/0177591 A1 (hereafter Sugiyama). Regarding claim 7, Grata teaches “The method of claim 2,” however, Grata fails to teach “wherein the SAW modulator is an integral part of the waveguide.” Sugiyama teaches (claim 1) “A method of projecting an image light field to an eye of a viewer (virtual image VI), the method comprising: modulating, by a controller (control circuit 7), an intensity of a light beam (display light DL) in a sequence of time slots, each time slot of the sequence of time slots corresponding to a respective field angle of the image light field (paragraph [0072]: “the display element 3 may be constituted of a scanning MEMS (Micro Electro Mechanical Systems) mirror. The MEMS mirror is configured to form a display image by two dimensionally scanning light from a light source.”), the intensity of the light beam in each time slot of the sequence of time slots corresponding to an intensity of the image light field at the respective field angle (If the intensity were not modulated as a function of angle the virtual image would be a single color such as white); propagating the light beam onto a dynamic input coupling grating (ICG) (diffraction element 4, paragraph [0078]: “a dynamic diffraction element capable of electrically turning on or off the diffraction function may be used as the incident diffraction element 4”); directing each respective portion of the light beam out of the waveguide toward the eye at the respective field angle, thereby projecting the image light field to the eye of the viewer (virtual image VI).” (claim 7) wherein the [dynamic ICG] is an integral part of the waveguide (see Fig. 1, paragraph [0080]: “In the embodiment, the incident diffraction element 4 is disposed on the outside of the light guiding plate 5.”) in a first lateral region of the waveguide (lower lateral region in Fig. 1).” Thus, Grata and the eyepiece of claim 7 differ in that Grata does not specify the arrangement/construction of the AO Modulator 1106 relative to the waveguide 530a, only schematically depicting the AO Modulator as being positioned on the first surface of the waveguide. Sugiyama teaches that a dynamic input coupling diffraction element 4 can be disposed on the outside of a light guiding plate 5. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position the substrate 1108 of the AO Modulator 1106 of Grata to be on the first surface of the waveguide, in the same position as the dynamic input coupling diffraction element 4 of Sugiyama, because a structural connection is required that maintains the desired light paths from 1106 into 530a, and Sugiyama teaches placing the input coupling element directly on the first surface of the waveguide as such a configuration. Allowable Subject Matter Claim 18 is 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. Claims 10 and 20 would be allowable if the double patenting rejections set forth in this Office action are overcome and if rewritten in independent form to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 10, the prior art taken either singly or in combination fails to teach or reasonably suggest the following limitation when taken in context of the claim as a whole: “further comprising: modulating, by the controller, an intensity of a second light beam in the sequence of time slots; propagating the second light beam onto the dynamic ICG; controlling the dynamic ICG, by the controller, to diffract a respective portion of the second light beam into the waveguide at a respective angle; and directing each respective portion of the second light beam out of the waveguide toward the eye at the respective field angle, wherein the light beam is incident on a surface of the dynamic ICG via propagation of the light beam in a first direction, wherein the intensities of the light beam in the sequence of time slots correspond to intensities of the image light field in a first range of angular field of view (FOV), wherein the second light beam is incident on the surface of the dynamic ICG via propagation of the second light beam in a second direction different from the first direction, and wherein the intensities of the second light beam in the sequence of time slots correspond to intensities of the image light field in a second range of angular FOV different from the first range of angular FOV.” Regarding claim 18, the prior art taken either singly or in combination fails to teach or reasonably suggest the following limitation when taken in context of the claim as a whole: “the waveguide comprises one of fused silica, lithium niobate, arsenic trisulfide, tellurium dioxide, tellurite glass, or lead silicate; and the layer of the piezoelectric material is an integral part of the waveguide.” Regarding claim 20, the prior art taken either singly or in combination fails to teach or reasonably suggest the following limitation when taken in context of the claim as a whole: “further comprising a static grating coupled to the waveguide at the input pupil and configured to receive the light beam and diffract a portion of the light beam at a bias angle toward the dynamic ICG.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mullins et al. US 2017/0094265 A1 “Bidirectional Holographic Lens” pertinent to the state of the art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARA E RAKOWSKI whose telephone number is (571)272-4206. The examiner can normally be reached 9AM-4PM ET M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky L Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CARA E RAKOWSKI/Primary Examiner, Art Unit 2872
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Prosecution Timeline

Sep 16, 2024
Application Filed
Jun 09, 2026
Non-Final Rejection mailed — §102, §103 (current)

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