CTNF 18/912,454 CTNF 92547 DETAILED ACTION 07-06 AIA 15-10-15 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. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 (IDS) submitted on 10/10/24 and 10/25/25 comply with provisions of 37 CFR 1.97. Accordingly, the examiner considered the information disclosure statements. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-7 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Moisant-Thompson et al. (US 20230393405) (hereinafter Moisant) . Regarding claim 1, Moisant teaches a near-eye display system (sunglasses 14; ¶17, Eyewear such as sunglasses may have display-optimized lenses that reduce the brightness of ambient light by a greater amount than the brightness of display light. The display-optimized lenses may each include a polarizer and a color filter. The polarization of the polarizer in the display-optimized lenses may match the polarization of light emitted from a target display, and the color filter may be customized based on the color spectrum of the target display. The display-optimized lenses may be optimized for an external display and/or may be optimized for a display that is part of the eyewear itself (e.g., a head-mounted display); ¶18, head-mounted displays (sometimes referred to as near-eye displays)) comprising, a display panel (display 30) configured to generate a display image (¶22, Sunglasses 14 may be used purely for sun protection or sunglasses 14 may include displays that display virtual reality or augmented reality content (e.g., sunglasses 14 may be a head-mounted display). In this type of configuration, one or both of lens components 20 may be overlapped by a display such as display 30; ¶23, Display 30 may utilize digital light projection, organic light-emitting diodes, light-emitting diodes, micro-light-emitting diodes (μLEDs), liquid crystal on silicon to generate display content.); display optics (lens components 20) configured to project the display image to a user’s eye (¶20, Lens components 20 may form lenses that allow a viewer … to view external objects through lenses 20 ; ¶23, display 30 may include an optical waveguide, a hologram medium, an optical combiner, an optical reflector, or any combination thereof directing display light to the user’s eyes) and a color filter (light filter 34; positioned within lens components 20 on the side opposing display 30) on a side of the display optics (20) opposing the display panel (30; ¶36, lenses 20 may be removably or permanently attached behind displays 30 in glasses 14; light filter 34 incorporated within lens components 20 on the outward-facing side opposing display 30), wherein transmission spectra of the color filter match light emission spectra of the display panel (fig. 4 and 5; light filter 34 transmission spectrum (curve 74, peaks 60/62/64) matched to emission spectrum of display 30; ¶42, light filter 34 may be specifically designed based on a target display … the transmission spectrum curve of color filter 34 has passbands and/or peaks that correspond to the primary colors of light emitted by display 16 and/or display 30; note: fig. 5 illustrating transmission spectrum curve 74 with peaks 60, 62, 64 corresponding to the blue, green, and red primary colors of the target display). Regarding claim 2, Moisant teaches the near-eye display system of claim 1, wherein the display panel (30) includes a liquid crystal display panel, an organic light emitting diode display panel, or a light emitting diode display panel (¶23, display 30 may utilize digital light projection, organic light-emitting diodes, light-emitting diodes, micro-light-emitting diodes (μLEDs), liquid crystal on silicon and ¶30, display 16 may include organic light-emitting diodes (e.g., a thin-film organic light-emitting diode display), liquid crystal display (LCD) components, … micro-light-emitting diodes.). Regarding claim 3, Moisant teaches the near-eye display system of claim 1, wherein the display optics (20) include a lens or a lens assembly (¶19, sunglasses 14 may include one or more optical systems such as lens components 20 mounted in a support structure and ¶23, display 30 may include … an optical waveguide, a hologram medium, an optical combiner, an optical reflector, or any combination thereof.). Regarding claim 4, Moisant teaches the near-eye display system of claim 1, wherein the color filter (34) is formed on a surface of the display optics or a surface of a substrate (66; note: color filter on surface of substrate; substrate 66 incorporated into lens components 20). Regarding claim 5, Moisant teaches the near-eye display system of claim 1, wherein the color filter includes a plurality of passbands (passbands 50, 52, 54; fig. 4, ¶59, filter 34 has discrete pass bands such as pass bands 50, 52, and 54. The discrete pass bands may each encompass a given primary color of display 16. For example, pass band 50 may transmit … blue light, pass band 52 may transmit … green light, and pass band 54 may transmit … red light.) and a plurality of stopbands (blocked regions between passbands 50, 52, 54 in fig. 4 and troughs 56 in fig. 5, the troughs are the plurality of stop bands). Regarding claim 6, Moisant teaches the near-eye display system of claim 1, wherein the color filter includes a reflective color filter (light filter 42 as dichroic filter; ¶41, Light filter 34 may be a reflective filter (e.g., a dichroic filter) that reflects light that is not transmitted through filter 34) or an absorptive color filter. Regarding claim 7, Moisant teaches the near-eye display system of claim 6, wherein the reflective color filter comprises a plurality of dielectric layers (thin films 60/dielectric layers 70, 72; fig. 7, ¶64, light filter 34 is a dichroic filter formed from a stack of thin films 68 on a substrate … Thin films 68 may form a thin film interference filter by stacking dielectric layers such as dielectric layers 70 and 72 ) having two or more different refractive indices (dielectric layers 70 is silicon oxide has a refractive index of 1.4585 and 72 is niobium pentoxide has a refractive index of 2.3403) . 07-15 AIA Claim 11 is rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Li et al. (US 20060198027). Regarding claim 11, Li teaches a near-eye display system (HMD 10; ¶11, a see-through head-mounted display (HMD) 10 ) comprising, a display panel (LCOS panel 1042) configured to generate a display image (claim 7 and ¶14, the image display module 104 primarily includes an LCOS panel 1042 with a color filter attached thereon, … the LCOS panel 1042 … emitting to the viewer's eye a virtual image based on the electric signal); display optics (PBS 100/102 and QWP 108) configured to project the display image to a user’s eye (¶15, this light 162 (or usually called virtual light) is reflected again by the PBS 100, and reaches the viewer's eye 12; ¶15, a quarter wavelength plate (QWP) 108, which delays the incident light for a quarter of its wavelength); and a color filter (color filter on LCOS panel 1042) between the display optics (PBS 100/102QWP 108) and the display panel (1042; color filter between display panel and display optics PBS 100/102QWP 108; ¶14, the image display module 104 primarily includes an LCOS panel 1042 with a color filter attached thereon; claim 1, a liquid crystal on silicon (LCOS) panel with a color filter attached to the liquid crystal on silicon (LCOS) panel for receiving the electrical signal and projecting into the viewer's eye a virtual image based on the electric signal; note: display light travels form LCOS panel 1042 [Wingdings font/0xE0] through PBS 102 [Wingdings font/0xE0] PBS 100 [Wingdings font/0xE0] QWP 108 [Wingdings font/0xE0] mirror 106 [Wingdings font/0xE0] eye 12 as per ¶15)), wherein transmission spectra of the color filter match light emission spectra of the display panel (¶14, the color filter (CF) attached to the surface of the LCOS panel 1042 may consist of three or more primary color such as RGB and is provided for respectively emitting red, green, blue (RGB) light components of the processed signals 156, with their combination forming a color image) . 07-15 AIA Claim s 14, 16, and 20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Bell (US 20160055822) . Regarding claim 14, Bell teaches a near-eye display system (NED device system 8 / HMD 2; ¶1, A near-eye display (NED) device may be worn by a user for experiences such as an augmented reality (AR) experience and a virtual reality (VR) experience) comprising, a display panel (projection light engine 120; ¶33) configured to generate a display image (¶7, a display engine to output the image data, a transmissive near-eye display to provide image light in response to the image data; ¶40, A projection light engine may include a microdisplay that may be an active transmissive, emissive or reflective device.); display optics (display optical system 4l and 14r) configured to project the display image to a user’s eye (¶26, each display optical system 14 l and 14 r positioned at the front of the HMD 2 to be seen through by each eye when worn by a user; ¶27, each display optical system 14 l and 14 r uses a projection display in which image data (or image light) is projected to generate a display of the image data so that the image data appears to the user at a location in a three dimensional FOV in front of the user.); an electrically switchable layer (dimming module 19 with electrochromic cell 400) on a side of the display optics opposing the display panel, or between the display optics and the display panel and at a distance from the display panel (¶27, near-eye display 14 is a transmissive (or optical see-through) near-eye display; note: dimming module 198 disposed on near-eye display 14, placed on the external side of the display optics opposing the projection light engine; ¶3, The dimming module includes at least one electrochromic cell that enables variable density dimming); and a controller (control circuit 136/dimming module driver 249) configured to turn on or turn off the electrically switchable layer (¶41, control circuit 136 includes a dimming module driver 249 to drive dimming module 198; ¶41, dimming module driver 249 provides a predetermined amount of current for a predetermined amount of time to dimming module 198 in response to a dimming module ND value 249 a ; ¶21, a dimming module may have a dimming range from fully (or almost) dark to fully (or almost completely) transmissive.). Regarding claim 16, Bell teaches the near-eye display system of claim 14, wherein the display panel (120) includes a liquid crystal display panel, an organic light emitting diode display panel, or a light emitting diode display panel (¶40, A projection light engine may include a microdisplay that may be an active transmissive, emissive or reflective device. For example, a microdisplay may be a liquid crystal on silicon (LCoS) device; ¶40, one or more light sources, such as one or more lasers or light emitting diodes (LDs)). Regarding claim 20, Bell teaches the near-eye display system of claim 14, wherein the electrically switchable layer (dimming module 98 on transparent substrates) is formed on a surface of the display optics or a substrate (¶4, the dimming module includes at least one monochromic electrochromic cell with stacked layers of material … sandwiched between a pair of transparent substrates and conductors. In an embodiment, the transparent substrates may be lens of a HMD.) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-22-aia AIA Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Moisant-Thompson et al. (US 20230393405) (hereinafter Moisant) as applied to claim 6 above, and further in view of McCabe et al. (US 8,770,749) . Regarding claim 8, Moisant teaches the invention as set forth above but does not specifically teach the absorptive color filter comprises chromatic or dye materials having different peak absorption wavelength ranges. However, in a similar field of endeavor, McCabe teaches the near-eye display system, wherein the absorptive color filter comprises chromatic or dye materials (col. 19, lines 42-45, an optical filter includes one or more organic dyes; col. 19, lines 64-68 and claim 20, lines 1-5, specific dyes identified including Exciton ABS 647 and Exciton ABS 659 dyes incorporated into eyewear lens optical filters) having different peak absorption wavelength ranges (col. 20, lines 5-6, The profile includes absorptance peaks at 407 nm, 473 nm, 574 nm, and 647 nm; note: individual dyes have distinct center wavelengths, e.g., dyes at about 561 nm and 574 nm or about 556 nm and 574 nm; each dye contributing a different peak absorption wavelength range). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Moisant with the absorptive color filter comprises chromatic or dye materials having different peak absorption wavelength ranges of McCabe, for the purpose of wavelength selective absorption in eyewear lenses (col. 21, lines 50-65) . 07-22-aia AIA Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Moisant-Thompson et al. (US 20230393405) (hereinafter Moisant) as applied to claim 1 above, and further in view of Li et al. (US 20060198027) . Regarding claim 9, Moisant teaches the invention as set forth above but does not specifically teach a second color filter on a same side of the display optics as the display panel. However, in a similar field of endeavor, Li teaches the near-eye display system, further comprising a second color filter (color filter on LCOS panel 1042; ¶14, the image display module 104 primarily includes an LCOS panel 1042 with a color filter attached thereon, … the color filter (CF) attached to the surface of the LCOS panel 1042 may consist of three or more primary color such as RGB and is provided for respectively emitting red, green, blue (RGB) light components) on a same side of the display optics as the display panel (color filter attached to LCOS panel 1042 on display-panel side of optics; ¶7, a display apparatus and particularly a see-through head-mounted display utilizes a liquid crystal on silicon (LCOS) panel and a color filter attached on the LCOS panel. Note: the color filter is physically attached to and co-located with the LCOS display panel, placing it on the display-panel side of the optical assembly )(PBS 100/102, QWP 108). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Moisant with a second color filter on a same side of the display optics as the display panel of Li, for the purpose of achieving the benefits of compactness, light weight, and low cost (¶5) . 07-22-aia AIA Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Moisant-Thompson et al. (US 20230393405) (hereinafter Moisant) as applied to claim 1 above, and further in view of Ling et al. (US 11,099,305) . Regarding claim 10, Moisant teaches the invention as set forth above but does not specifically teach the display panel is on a focal plane of the display optics such that the display optics collimate light emitted by each pixel of the display panel. However, in a similar field of endeavor, Ling teaches the near-eye display system, wherein the display panel (pixel island array 30) is on a focal plane of the display optics (micro lens array 20; col. 5, lines 55-60, the pixel island is disposed on a focal plane of the micro lens.) such that the display optics collimate light emitted by each pixel of the display panel (col. 7, lines 25-35, the combined micro lens 401 includes a first micro lens 41 and an additional micro lens. The additional micro lens is configured to diverge the first light 310 emitted by the pixel island 300. The first micro lens 41 is disposed at a side of the additional micro lens away from the pixel island 300, and is configured to collimate light passed through the additional micro lens and col. 2 ,lines 40-45, the combined micro lens is configured to receive the first light emitted by the pixel island and collimate the first light). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Moisant with the display panel is on a focal plane of the display optics such that the display optics collimate light emitted by each pixel of the display panel of Ling, for the purpose of the benefit of the eye will see an enlarged virtual image corresponding to the image displayed by the pixel island at a certain position in front of the eye (col. 5, lines 55-65) . 07-21-aia AIA Claim s 12 and 13 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 20060198027) as applied to claim 11 above, and further in view of Moisant-Thompson et al. (US 20230393405) (hereinafter Moisant). Regarding claim 12, Li teaches the invention as set forth above but does not specifically teach the color filter includes an absorptive color filter; and the color filter is on a surface of the display optics or a surface of a substrate at a distance from the display panel. However, in a similar field of endeavor, Moisant teaches the near-eye display system, wherein, the color filter includes an absorptive color filter (light filter 34; ¶41, Light filter 34 may be a reflective filter (e.g., a dichroic filter) that reflects light that is not transmitted through filter 34 or may be an absorptive filter that absorbs light that is not transmitted through filter 34; ¶65, The arrangement of FIG. 7 in which filter 34 is a reflective dichroic filter is merely illustrative. If desired, light filter 34 may be an absorptive filter.); and the color filter (34) is on a surface of the display optics or a surface of a substrate (66) at a distance from the display panel (30; light filter 34 on substrate 66 incorporated into lens component 20). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Li with the color filter includes an absorptive color filter; and the color filter is on a surface of the display optics or a surface of a substrate at a distance from the display panel of Moisant, for the purpose of having the benefit of maximum color shift may be reached at wide viewing angles (¶66 to ¶68). Regarding claim 13, Li teaches the invention as set forth above but does not specifically teach the color filter includes a reflective color filter; and the color filter is on a surface of the display optics, a surface of a substrate at a distance from the display panel, or a surface of the display panel facing the display optics. However, in a similar filed of endeavor, Moisant teaches the near-eye display system, wherein, the color filter (34) includes a reflective color filter (¶41, Light filter 34 may be a reflective filter (e.g., a dichroic filter) that reflects light that is not transmitted through filter 34; fig. 7, ¶64, light filter 34 is a dichroic filter formed from a stack of thin films 68 … stacking dielectric layers such as dielectric layers 70 and 72 with alternating higher and lower refractive index values.); and the color filter (34) is on a surface of the display optics, a surface of a substrate (66) at a distance from the display panel (30), or a surface of the display panel facing the display optics. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Li with the color filter includes a reflective color filter; and the color filter is on a surface of the display optics, a surface of a substrate at a distance from the display panel, or a surface of the display panel facing the display optics of Moisant, for the purpose of having the benefit of maximum color shift may be reached at wide viewing angles (¶66 to ¶68) . 07-22-aia AIA Claim s 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bell (US 20160055822) as applied to claim 14 above, and further in view of Moisant-Thompson et al. (US 20230393405) (hereinafter Moisant) . Regarding claim 17, Bell teaches the invention as set forth above but does not specifically teach a color filter on the side of the display optics opposing the display panel, or between the display optics and the display panel, wherein transmission spectra of the color filter match light emission spectra of the display panel. However, in a similar field of endeavor, Moisant teaches the near-eye display system, further comprising a color filter on the side of the display optics opposing the display panel, or between the display optics and the display panel (¶35, lenses 20 of sunglasses 14 may be display-optimized lenses … one or more light filters such as light filter 34 (sometimes referred to as a color filter), note: filter 34 incorporated within lens components 20 on the side opposing display 30; ¶36, Arrangements in which display 30 is interposed between the user's eye and lens 20 may also be used (e.g., so that display light 22 passes through polarizer 32 and color filter 34 before passing through display 30)), wherein transmission spectra of the color filter match light emission spectra of the display panel (¶42, light filter 34 may be specifically designed based on a target display … the transmission spectrum curve of color filter 34 has passbands and/or peaks that correspond to the primary colors of light emitted by display 16 and/or display 30). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Bell with a color filter on the side of the display optics opposing the display panel, or between the display optics and the display panel, wherein transmission spectra of the color filter match light emission spectra of the display panel of Moisant, for the purpose of having the benefit of maximum color shift may be reached at wide viewing angles (¶66 to ¶68). Regarding claim 19, Bell teaches the invention as set forth above but does not specifically teach the electrically switchable layer includes: a guest-host liquid crystal device; a polymer-dispersed liquid crystal device; a cholesteric liquid crystal device a polymer-stabilized cholesteric texture liquid crystal device; a dye-doped liquid crystal device; a liquid crystal device with suspended nano-particles; an electrochromic layer; a photochromatic layer; or a combination thereof. However, in a similar field of endeavor, Moisant teaches the near-eye display system, wherein the electrically switchable layer includes: a guest-host liquid crystal device; a polymer-dispersed liquid crystal device; a cholesteric liquid crystal device a polymer-stabilized cholesteric texture liquid crystal device; a dye-doped liquid crystal device; a liquid crystal device with suspended nano-particles; an electrochromic layer (¶43, light filter 34 may be a tunable (e.g., switchable) electrochromic filter … Control circuitry in glasses 14 and/or device 12 may be used to control and adjust the state of filter 34); a photochromatic layer; or a combination thereof. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Bell with the electrically switchable layer includes: a guest-host liquid crystal device; a polymer-dispersed liquid crystal device; a cholesteric liquid crystal device a polymer-stabilized cholesteric texture liquid crystal device; a dye-doped liquid crystal device; a liquid crystal device with suspended nano-particles; an electrochromic layer; a photochromatic layer; or a combination thereof of Moisant, for the purpose of having the benefit of maximum color shift may be reached at wide viewing angles (¶66 to ¶68) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 15 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103 . Regarding claim 15, the prior art does not disclose the claimed near-eye display system specifically including as the distinguishing features in combination with the other limitations the claimed “wherein the controller is configured to: turn on the electrically switchable layer when the display panel is turned on or when the user’s eye is detected by a sensor, such that the display image is viewable by the user’s eye through the electrically switchable layer; and turn off the electrically switchable layer to at least partially block ambient light from reaching the display panel, when the display panel is turned off or when the user’s eye is not detected.” Regarding claim 18, the prior art does not disclose the claimed near-eye display system specifically including as the distinguishing features in combination with the other limitations the claimed “wherein the electrically switchable layer includes a switchable reflective film, a switchable light absorption film, a switchable light scattering film, or a combination thereof.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY DUONG whose telephone number is (571)270-0534. The examiner can normally be reached Monday-Friday from 9:00 AM to 5:00 PM. 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, Pinping Sun can be reached at (571)270-1284. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HENRY DUONG/Primary Patent Examiner, Art Unit 2872 06/12/26 Application/Control Number: 18/912,454 Page 2 Art Unit: 2872 Application/Control Number: 18/912,454 Page 3 Art Unit: 2872 Application/Control Number: 18/912,454 Page 4 Art Unit: 2872 Application/Control Number: 18/912,454 Page 5 Art Unit: 2872 Application/Control Number: 18/912,454 Page 6 Art Unit: 2872 Application/Control Number: 18/912,454 Page 7 Art Unit: 2872 Application/Control Number: 18/912,454 Page 8 Art Unit: 2872 Application/Control Number: 18/912,454 Page 9 Art Unit: 2872 Application/Control Number: 18/912,454 Page 10 Art Unit: 2872 Application/Control Number: 18/912,454 Page 11 Art Unit: 2872 Application/Control Number: 18/912,454 Page 12 Art Unit: 2872
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