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 .
Information Disclosure Statement
The information disclosure statements filed on October 8, 2024 and February 27, 2025 have been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Reference character “40” in Figure 3 is not in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-8, 10-12, 16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Patent Application Publication No. 2018/0210222 – hereinafter referred to as “Seo”) in view of Wilson et al. (U.S. Patent Application Publication No. 2019/0384062 – hereinafter referred to as “Wilson”).
Regarding claim 1, Seo teaches eyewear (Figures 28-30), comprising:
a display (Figure 12 image forming device D16, [0137]) configured to produce display content; and
an optical system (Figure 13, [0142] additional configuration of display apparatus) through which the display content is viewable from an eye box (Figure 13 ocular organ 10), wherein the optical system comprises:
an optical combiner (Figure 13 polarization beam splitter PT16, quarter waveplate WP46, and half mirror HM16 comprise an optical combiner, [0144]).
Seo fails to teach an adjustable tint layer and an adjustable haze layer. However, Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches an adjustable tint layer (Figure 3 layers 34, [0037] layers 34 may include one or more tunable color filters and may be a monochromatic adjustable-intensity light filter (i.e. a tint layer)) and an adjustable haze layer (Figure 3 layers 34, [0036] layers 34 may include one or more adjustable haze layers). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo by adding adjustable tint and haze layers as taught by Wilson in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract).
Regarding claim 2, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 1. Seo fails to teach the adjustable haze layer is interposed between the optical combiner and the adjustable tint layer. Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches an adjustable tint layer (Figure 3 layers 34, [0037] layers 34 may include one or more tunable color filters and may be a monochromatic adjustable-intensity light filter (i.e. a tint layer)) and an adjustable haze layer (Figure 3 layers 34, [0036] layers 34 may include one or more adjustable haze layers) with optical components below the tint and haze layers (Figure 2 optical components 18 below layer 8 which is composes of layers 34). Although Wilson fails to teach the exact arrangement of the tint and haze layers, arranging the layers such that the haze layer is between the tint layer and optical component would merely be a matter of design choice. Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo and Wilson by adding adjustable tint and haze layers as taught by Wilson such that the haze layer is between the tint layer and optical combiner in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract) and the arrangement of the adjustable layers would merely be a matter of design choice.
Regarding claim 3, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 1. Seo fails to teach the adjustable haze layer comprises a polymer-dispersed liquid crystal layer. However, Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches the adjustable haze layer comprises a polymer-dispersed liquid crystal layer ([0036] adjustable haze layers such a polymer dispersed liquid crystal layer). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo and Wilson by adding an adjustable haze layer comprised of a polymer-dispersed liquid crystal layer as taught by Wilson in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract).
Regarding claim 4, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 1. Seo fails to teach the adjustable tint layer is selected from the group consisting of: a twisted-nematic liquid crystal layer and an electrochromic layer. However, Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches the adjustable tint layer is selected from the group consisting of: a twisted-nematic liquid crystal layer and an electrochromic layer ([0037] electrochromic layer). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo and Wilson by adding an adjustable tint layer composed of an electrochromic layer as taught by Wilson in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract).
Regarding claim 5, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 1. Seo fails to teach the adjustable tint layer and the adjustable haze layer are independently adjustable. However, Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches the adjustable tint layer and the adjustable haze layer are independently adjustable ([0038] each layer 34 may be controlled individually). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo and Wilson by having the adjustable tint layer and the adjustable haze layer be independently adjustable as taught by Wilson in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract).
Regarding claim 6, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 1. Seo further teaches a quarter wave plate (Figure 13 quarter waveplate WP26) in front of the optical combiner (Figure 13 polarization beam splitter PT16, quarter waveplate WP46, and half mirror HM16 comprise an optical combiner with quarter waveplate WP26 in front of the optical combiner, [0144]). Seo fails to teach an adjustable haze layer with the quarter wave plate interposed between the adjustable haze layer and the optical combiner.
Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches an adjustable haze layer (Figure 3 layers 34, [0036] layers 34 may include one or more adjustable haze layers). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]). Although Seo and Wilson fail to teach the quarter waveplate is between the adjustable haze layer and optical combiner, positioning of the adjustable haze layer would merely be a matter of design choice and readily configurable by one having ordinary skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo and Wilson by adding the adjustable haze layer taught by Wilson such that the adjustable haze layer is between the quarter waveplate and optical combiner of Seo in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract) and positioning of the adjustable haze layer would merely be a matter of design choice and readily configurable by one having ordinary skill in the art.
Regarding claim 7, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 6. Seo further teaches an additional quarter wave plate (Figure 13 quarter waveplate WP36, [0138]) in front of the quarter wave plate (Figure 13 quarter waveplate WP36 is in front of quarter waveplate WP26). Seo fails to teach an adjustable tint layer and the adjustable haze layer interposed between the quarter wave plate and the additional quarter wave plate.
Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches an adjustable tint layer (Figure 3 layers 34, [0037] layers 34 may include one or more tunable color filters and may be a monochromatic adjustable-intensity light filter (i.e. a tint layer)) and an adjustable haze layer (Figure 3 layers 34, [0036] layers 34 may include one or more adjustable haze layers). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]). Although Seo and Wilson fail to teach the adjustable tint layer and adjustable haze layer are between the quarter wave plate and addition quarter wave plate, positioning of the adjustable tint and haze layers would merely be a matter of design choice and readily configurable by one having ordinary skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo and Wilson by adding the adjustable tint and haze layers taught by Wilson such that the adjustable tint and haze layers are between the quarter waveplate and additional quarter waveplate of Seo in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract) and positioning of the adjustable tint and haze layers would merely be a matter of design choice and readily configurable by one having ordinary skill in the art.
Regarding claim 8, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 7. Seo further teaches a linear polarizer (Figure 13 linear polarizer LN26, [0138]) in front of the quarter wave plate (Figure 13 linear polarizer LN26 is in front of quarter waveplate WP26). Seo fails to teach the linear polarizer interposed between the quarter wave plate and the adjustable haze layer.
Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches an adjustable haze layer (Figure 3 layers 34, [0036] layers 34 may include one or more adjustable haze layers). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]). Although Seo and Wilson fail to teach the linear polarizer is between the adjustable haze layer and the quarter wave plate, positioning of the adjustable haze layer would merely be a matter of design choice and readily configurable by one having ordinary skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo and Wilson by adding the adjustable haze layer taught by Wilson and position the adjustable haze layer such that the linear polarizer of Seo is between the quarter waveplate and adjustable haze layer in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract) and positioning of the adjustable haze layer would merely be a matter of design choice and readily configurable by one having ordinary skill in the art.
Regarding claim 10, Seo and Wilson teaches all the limitations of the claimed invention with respect to claim 1. Seo further teaches the optical combiner (Figure 13 polarization beam splitter PT16, quarter waveplate WP46, and half mirror HM16 comprise an optical combiner, [0144]) comprises a polarizing beam splitter (Figure 13 polarization beam splitter PT16), a quarter wave plate (Figure 13 quarter waveplate WP46), and a half mirror (Figure 13 half mirror HM16).
Regarding claim 11, Seo teaches a pair of glasses (Figures 28-30), comprising:
a display (Figure 12 image forming device D16, [0137]) configured to produce display content; and
an optical system (Figure 13, [0142] additional configuration of display apparatus) through which ambient light and the display content are viewable from an eye box (Figure 13 ocular organ 10), wherein the optical system comprises:
an optical combiner (Figure 13 polarization beam splitter PT16, quarter waveplate WP46, and half mirror HM16 comprise an optical combiner, [0144]).
Seo fails to teach an adjustable light modulator layer configured to diffuse and darken the ambient light when the display is presenting the display content.
However, Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches an adjustable light modulator layer (Figure 3 layers 34) configured to diffuse ([0036] layers 34 may include one or more adjustable haze layers). and darken ([0037] layers 34 may include one or more tunable color filters and may be a monochromatic adjustable-intensity light filter (i.e. a tint layer)) the ambient light when the display is presenting the display content ([0039] and [0046]). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo by adding an adjustable light modulator layer as taught by Wilson in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract).
Regarding claim 12, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 11. Seo fails to teach the adjustable light modulator layer comprises a polymer-dispersed liquid crystal layer. However, Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches the adjustable light modulator layer comprises a polymer-dispersed liquid crystal layer ([0036] adjustable haze layers such a polymer dispersed liquid crystal layer). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo and Wilson by adding an adjustable light modulator layer comprised of a polymer-dispersed liquid crystal layer as taught by Wilson in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract).
Regarding claim 16, Seo teaches a head-mounted device (Figures 28-30) configured to be controlled by an electronic device having a display (Figure 12 image forming device D16, [0137]) that emits display light, the head-mounted device comprising:
a display module configured to produce display content (Figure 12 image forming device D16, [0137]); and
an optical system (Figure 13, [0142] additional configuration of display apparatus) through which ambient light, the display light, and the display content ([0004] display a mixture of real world and virtual world) are viewable from an eye box (Figure 13 ocular organ 10), wherein the optical system comprises:
an optical combiner (Figure 13 polarization beam splitter PT16, quarter waveplate WP46, and half mirror HM16 comprise an optical combiner, [0144]).
Seo fails to teach an adjustable light modulator layer configured to diffuse and darken the ambient light when the display is presenting the display content, wherein the display light is darkened less than the ambient light.
However, Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches an adjustable light modulator layer (Figure 3 layers 34) configured to diffuse ([0036] layers 34 may include one or more adjustable haze layers). and darken ([0037] layers 34 may include one or more tunable color filters and may be a monochromatic adjustable-intensity light filter (i.e. a tint layer)) the ambient light when the display is presenting the display content ([0039] and [0046]), wherein the display light is darkened less than the ambient light ([0039] and [0046]). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mount device taught by Seo by adding an adjustable light modulator layer as taught by Wilson in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract).
Regarding claim 19, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 16. Seo further teaches first (Figure 13 quarter waveplate WP26) and second quarter wave plates (Figure 13 quarter waveplate WP36, [0138]). Seo fails to teach an adjustable light modulator layer and the adjustable light modulator layer interposed between the first and second quarter wave plates.
However, Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches an adjustable light modulator layer (Figure 3 layers 34, [0037] layers 34 may include one or more tunable color filters and may be a monochromatic adjustable-intensity light filter, [0036] layers 34 may include one or more adjustable haze layers). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]). Although Seo and Wilson fail to teach the adjustable light modulator layer is between the first and second quarter wave plates, positioning of the adjustable light modulator layer would merely be a matter of design choice and readily configurable by one having ordinary skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mounted device taught by Seo and Wilson by adding the adjustable light modulator layer taught by Wilson such that the adjustable light modulator layer is between the first and second quarter waveplates Seo in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract) and positioning of the adjustable light modulator would merely be a matter of design choice and readily configurable by one having ordinary skill in the art.
Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (U.S. Patent Application Publication No. 2018/0210222) in view of Wilson (U.S. Patent Application Publication No. 2019/0384062) as applied to claim 8 above, and in further view of Mertz (U.S. Patent Application Publication No. 2006/0146275).
Regarding claim 9, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 8. Seo and Wilson fail to teach a light filter on an outer surface of the optical system, wherein the light filter has passbands that correspond to the emission spectrum of an external display.
However, Merz is related to Seo with respect to eyewear for viewing external displays (Figure 1). Merz teaches a light filter (Figure 3, [0028] optical coating on lenses) on an outer surface of the optical system ([0028] optical coating on lenses), wherein the light filter has passbands (Figure 3 transmission bands 30b, 30g, and 30r, [0028]) that correspond to the emission spectrum of an external display (Figure 3 transmission bands 30b, 30g, and 30r correspond to emission bands 28b, 28g, and 28r of LCD display, respectively, [0028]). Merz further teaches using an optical coating with transmission bands corresponding to emission bands of a display to selectively enhance the spectral output of the display ([0028]).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo and Wilson by adding the light filter taught by Merz in order to selectively enhance the spectral output of a display (Merz [0028]).
Regarding claim 20, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 16. Seo and Wilson fail to teach a light filter having passbands corresponding to an emission spectrum of the display.
However, Merz is related to Seo with respect to eyewear for viewing displays (Figure 1). Merz teaches a light filter (Figure 3, [0028] optical coating on lenses) having passbands (Figure 3 transmission bands 30b, 30g, and 30r, [0028]) that correspond to the emission spectrum of the display (Figure 3 transmission bands 30b, 30g, and 30r correspond to emission bands 28b, 28g, and 28r of LCD display, respectively, [0028]). Merz further teaches using an optical coating with transmission bands corresponding to emission bands of a display to selectively enhance the spectral output of the display ([0028]).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mounted device taught by Seo and Wilson by adding the light filter taught by Merz in order to selectively enhance the spectral output of a display (Merz [0028]).
Claims 13-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (U.S. Patent Application Publication No. 2018/0210222) in view of Wilson (U.S. Patent Application Publication No. 2019/0384062) as applied to claims 12 and 16 above, and further in view of Jones et al. (U.S. Patent Application Publication No. 2020/0207188 – cited by Applicant – hereinafter referred to as “Jones”).
Regarding claim 13, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 12. Seo and Wilson fail to teach the polymer-dispersed liquid crystal layer comprises black dye. However, Jones is related to Seo with respect to adjustable haze layers to control light transmission (Abstract). Jones teaches using a dye in the liquid crystal layer ([0042]). Jones further teaches adding a dye to the liquid crystal to enhance light absorption ([0042]). Although Jones fails to teach a black dye, the choice of dye color would merely be a matter of design choice and black dye would be obvious to one of ordinary skill in the art since a black dye would absorb the full spectrum of light.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo and Wilson by adding the dye taught by Jones to the polymer-dispersed liquid crystal layer of the modified invention of Seo and Wilson in order to enhance light absorption (Jones [0042]) and the selection of a black dye would merely be a matter of design choice that would allow the dye to absorb the full spectrum of light.
Regarding claim 14, Seo, Wilson, and Jones teach all the limitations of the claimed invention with respect to claim 13. The pair of glasses defined in claim 13 further comprising a quarter wave plate interposed between the optical combiner and the adjustable light modulator layer. Seo further teaches a quarter wave plate (Figure 13 quarter waveplate WP26) in front of the optical combiner (Figure 13 polarization beam splitter PT16, quarter waveplate WP46, and half mirror HM16 comprise an optical combiner with quarter waveplate WP26 in front of the optical combiner, [0144]). Seo fails to teach an adjustable light modulator layer with the quarter wave plate interposed between the adjustable light modulator layer and the optical combiner.
Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches an adjustable light modulator layer (Figure 3 layers 34, [0037] layers 34 may include one or more tunable color filters and may be a monochromatic adjustable-intensity light filter, [0036] layers 34 may include one or more adjustable haze layers). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]). Although Seo and Wilson fail to teach the quarter waveplate is between the adjustable light modulator layer and optical combiner, positioning of the adjustable light modulator layer would merely be a matter of design choice and readily configurable by one having ordinary skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo and Wilson by adding the adjustable light modulator layer taught by Wilson such that the adjustable light modulator layer is between the quarter waveplate and optical combiner of Seo in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract) and positioning of the adjustable light modulator layer would merely be a matter of design choice and readily configurable by one having ordinary skill in the art.
Regarding claim 15, The pair of glasses defined in claim 13 further comprising an additional quarter wave plate, wherein the adjustable light modulator layer is interposed between the quarter wave plate and the additional quarter wave plate. Seo further teaches an additional quarter wave plate (Figure 13 quarter waveplate WP36, [0138]) in front of the quarter wave plate (Figure 13 quarter waveplate WP36 is in front of quarter waveplate WP26). Seo fails to teach an adjustable light modulator layer and the adjustable light modulator layer interposed between the quarter wave plate and the additional quarter wave plate.
Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches an adjustable light modulator layer (Figure 3 layers 34, [0037] layers 34 may include one or more tunable color filters and may be a monochromatic adjustable-intensity light filter, [0036] layers 34 may include one or more adjustable haze layers). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]). Although Seo and Wilson fail to teach the adjustable light modulator layer is between the quarter wave plate and addition quarter wave plate, positioning of the adjustable light modulator layer would merely be a matter of design choice and readily configurable by one having ordinary skill in the art.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyewear taught by Seo and Wilson by adding the adjustable light modulator layer taught by Wilson such that the adjustable light modulator layer is between the quarter waveplate and additional quarter waveplate of Seo in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract) and positioning of the adjustable light modulator would merely be a matter of design choice and readily configurable by one having ordinary skill in the art.
Regarding claim 17, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 16. Seo fails to teach wherein the adjustable light modulator layer comprises a polymer-dispersed liquid crystal layer with added dye. However, Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches the adjustable light modulator layer comprises a polymer-dispersed liquid crystal layer ([0036] adjustable haze layers such a polymer dispersed liquid crystal layer). Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mount device taught by Seo and Wilson by adding an adjustable light modulator layer comprised of a polymer-dispersed liquid crystal layer as taught by Wilson in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract).
Seo and Wilson fail to teach the polymer-dispersed liquid crystal layer includes an added dye. However, Jones is related to Seo with respect to adjustable haze layers to control light transmission (Abstract). Jones teaches using a dye in the liquid crystal layer ([0042]). Jones further teaches adding a dye to the liquid crystal to enhance light absorption ([0042]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mount device taught by Seo and Wilson by adding the dye taught by Jones to the polymer-dispersed liquid crystal layer of the modified invention of Seo and Wilson in order to enhance light absorption (Jones [0042]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Seo (U.S. Patent Application Publication No. 2018/0210222) in view of Wilson (U.S. Patent Application Publication No. 2019/0384062) as applied to claim 16 above, and further in view of Lin et al. (U.S. Patent Application Publication No. 2024/0192549 – hereinafter referred to as “Lin”).
Regarding claim 18, Seo and Wilson teach all the limitations of the claimed invention with respect to claim 16. Seo fails to teach the adjustable light modulator layer comprises: a polymer-dispersed liquid crystal layer configured to diffuse the ambient light; and a twisted-nematic liquid crystal layer configured to darken the ambient light.
However, Wilson is related to Seo with respect to head mounted displays (Wilson Abstract). Wilson teaches the adjustable light modulator layer comprises: a polymer-dispersed liquid crystal layer configured to diffuse the ambient light ([0036] adjustable haze layers such a polymer dispersed liquid crystal layer) and a liquid crystal layer configured to darken the ambient light (Figure 3 layers 34, [0037] layers 34 may include one or more tunable color filters and may be a monochromatic adjustable-intensity light filter) . Wilson further teaches an adjustable layer to provide a dark or other obscuring appearance when it is desired to block elements from view or adjusted to provide a clear appearance to allow light to pass through ([0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mount device taught by Seo and Wilson by adding an adjustable light modulator layer comprising: a polymer-dispersed liquid crystal layer configured to diffuse the ambient light; and a liquid crystal layer configured to darken the ambient light as taught by Wilson in order to provide an adjustable layer to allow the viewer to block or view different elements as desired (Wilson [0031]) and exhibit the desired optical characteristics depending on the mode of operation of the device (Wilson Abstract).
Seo and Wilson fail to teach a twisted-nematic liquid crystal layer. However, Lin is related to Seo and Wilson with respect to liquid crystal dimming layers. Lin teaches a twisted-nematic liquid crystal layer (Figure 1 liquid crystal material 21, [0031] liquid crystal molecules are in a super twisted orientation, [0033] nematic liquid crystal). Lin further teaches using a twisted-nematic liquid crystal layer in order to absorb light of different polarizations ([0031]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mount device taught by Seo and Wilson by using a twisted-nematic liquid crystal layer as taught by Lin in order to absorb light of different polarizations (Lin [0031]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (U.S. Patent Application Publication No. 2025/0116856) discloses a head-mounted device having an arrangement of optical elements similar to the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX PARK RICKEL whose telephone number is (703)756-4561. The examiner can normally be reached Monday-Friday 8:30 a.m. - 6 p.m. ET.
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, 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.
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.
Alex Rickel
Examiner
Art Unit 2872
/A.P.R./Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
Prosecution Insights