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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 9-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a computer-readable storage medium that could be interpreted as transitory. Paragraph 47 states “…at least a portion of the storage media may be transitory. In no case is the storage media a propagated signal.” The condition “at least a portion” does include the possibility the entire medium is transitory. The specification creates ambiguity by making a distinction between transitory and a propagated signal. The broadest reasonable interpretation of these statements is the medium could be a transitory medium.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 7-11 and 15-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Churin et al. (US 2023/0239455).
In regard to claim 1, Churin et al. teach a method comprising: generating a first projection from a first image source (element 202), the first projection displayed on a surface of a device (element 216 waveguide combiner); generating a second projection from a second image source, the second projection displayed on the surface of the device (elements 204, 216 and paragraph 27); and identifying at least one error in an alignment associated with the first image source based on the first projection and the second projection (paragraph 27).
In regard to claims 2, 10 and 18, Churin et al. teach updating a configuration associated with the first image source based on the at least one error (paragraph 27, adjust one of the first and second images).
In regard to claims 3 and 11, Churin et al. teach wherein updating the configuration comprises shifting the first image source (paragraph 27).
In regard to claims 7 and 15, Churin et al. teach wherein the first projection occupies a first portion of the surface (element 522 first input coupler), and wherein the second projection occupies a second portion of the surface (element 528, second input coupler).
In regard to claims 8 and 16, Churin et al. teach wherein identifying the at least one error in the alignment associated with the first image source based on the first projection and the second projection comprises: determining an offset of the first projection from the second projection (paragraph 27, determine distance between first and second calibration images).
In regard to claim 9, Churin et al. teach all the elements of claim 9 including a computer-readable storage medium having program instructions stored thereon that, when executed by at least one processor, direct the at least one processor to perform a method (paragraphs 58 and 59).
In regard to claim 17, Churin et al. teach all the elements of claim 17 (see claims 1 and 9 rejections above) including a system and a processor (paragraph 57).
In regard to claim 19, Churin et al. teach wherein the system further comprises: the first image source operatively coupled to the at least one processor; and the second image source operatively coupled to the at least one processor (fig. 11 and paragraph 54).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5, 6, 13, 14, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Churin et al. in view of Georgiou et al. (US 2020/0348518).
In regard to claims 5, 13 and 20, Churin et al. teach all the elements of claim 5 except wherein the first image source provides a first resolution, and wherein the second image source provides a second resolution.
Georgiou et al. teach wherein the first image source provides a first resolution, and wherein the second image source provides a second resolution (fig. 2B and paragraph 27, Georgiou et al. show each display has a low and high resolution area. Each image source provides a first resolution and a second resolution).
The two are analogous art because they both deal with the same field of invention of near-eye displays.
Before the effective filing date it would have been obvious to one of ordinary skill in the art to provide the apparatus of Churin et al. with the first and second resolutions of Georgiou et al. The rationale is as follows: Before the effective filing date it would have been obvious to provide the apparatus of Churin et al. with the first and second resolutions of Georgiou et al. because positioning the higher resolution in the central view of the user and lower resolution in the peripheral view of the user would more accurately mimic user’s real-world vision and would provide a large FOV.
In regard to claims 6 and 14, Georgiou et al. teach wherein the first resolution comprises a higher resolution than the second resolution (paragraph 27, Georgoiu et al. teach low and high resolutions on each lens).
Allowable Subject Matter
Claim 4 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.
The following is an examiner’s statement of reasons for allowance: Churin et al. teach the first image source being on one lens and the second image source being on another lens (left and right lenses); therefore, the first and second image sources are equidistant from the bridge. Churin et al. do not teach the second image source being closer to the bridge in combination with the claim’s other features.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH R HALEY whose telephone number is (571)272-0574. The examiner can normally be reached 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amr Awad can be reached at 571-272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH R HALEY/ Primary Examiner, Art Unit 2621
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