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 statement (IDS) submitted on 10/30/2024 has been considered by the examiner.
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.
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 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.
Claims 1-3, 6, 8-10 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LI et al. (US PUB 2021/0208396; herein after “LI”).
Regarding claim 1, LI teaches an imaging optical system (a display device 100/205, FIG. 1) for guiding light reflected from a retina to at least one imaging device (eye tracker 604 (e.g., an IR detector or camera)) (para. [0027], [0036], [0037] and [0081], FIGS. 1-2 and 6), the imaging optical system comprising: a first polarization-selective diffractive (PSD) optical element; and a second PSD optical element (e.g., polarization-selective gratings 406/426 and 408/428, FIGS. 4A-4B, para. [0069]), wherein the retina, the first PSD optical element, and the second optical PSD element are positioned along an optical path (e.g., along the optical axis 501, as shown at least in FIGS. 1, 3, 4A and 5A), and wherein, when emitted by the first PSD optical element, the light is diffracted by a first diffraction angle and, when emitted by the second PSD optical element, the light is diffracted by a second diffraction angle that is opposite to the first angle (i.e., a PBP grating may diffract light having a first circular polarization in a first direction (e.g., in a direction corresponding to a first positive order of diffraction) and diffract light having a second circular polarization that is orthogonal to the first circular polarization in a second direction that is different from the first direction (e.g., in a direction corresponding to first negative order of diffraction), para. [0069], FIG. 4B … further, polarization-selective gratings 426 and 428 have distinct angles of diffractions, para. [0092], and as shown at least in FIG. 8E, the circular polarization directions correspond to a negative and a positive order of diffractions (e.g., opposite diffraction angles), para. [0092]).
Regarding claim 2, LI according to claim 1 further teaches light in a first polarization state of light incident on the first PSD optical element is diffracted by the first PSD optical element at the first diffraction angle and is emitted in a second polarization state, wherein light in the second polarization state that is emitted from the first PSD optical element is diffracted by the second PSD optical element at the second diffraction angle, and wherein the first diffraction angle and the second diffraction angle have opposite signs (i.e., a PBP grating (426/428) may diffract light having a first circular polarization in a first direction (e.g., in a direction corresponding to a first positive order of diffraction) and diffract light having a second circular polarization that is orthogonal to the first circular polarization in a second direction that is different from the first direction (e.g., clockwise or counterclockwise rotation – first and second polarization state), para. [0069], FIG. 4B).
Regarding claim 3, LI according to claim 1 further teaches in a case where first order light diffracted by the first PSD optical element is incident on the second PSD optical element (i.e., a PBP grating (426/428) may diffract light having a first circular polarization in a first direction (e.g., in a direction corresponding to a first positive order of diffraction) and diffract light having a second circular polarization that is orthogonal to the first circular polarization in a second direction that is different from the first direction, para. [0069], FIG. 4B, also see Fig. 8E, para. [0092]), first order light diffracted by the second PSD optical element is guided to the at least one imaging device (i.e., eye tracker 604 (e.g., an IR detector or camera), para. [0081], [0058]).
Regarding claim 6, LI according to claim 5 further teaches an aperture stop arranged between the second PSD optical element and the second optical system (i.e., Adjustment module 218 may, for example, block and/or stop (e. g., aperture stop) light emission devices whose image light falls outside of the determined pupil locations, para. [0040] … further imaging device 235 receives one or more calibration parameters from console 210 to adjust one or more imaging parameters (e.g., focal length, focus, frame rate, ISO, sensor temperature, shutter speed, aperture, etc.), para. [0046]).
Regarding claim 8, LI according to claim 1 further teaches a retinal image of the left eye and a retinal image of the right eye are simultaneously imaged on a light-receiving surface of the at least one imaging device (i.e., Calibration data includes one or more images (e.g., retinal image of left and right eye) showing observed positions of locators 220 that are detectable by imaging device 235 (e.g., include a light-receiving surface), para. [0046]).
Regarding claim 9, LI according to claim 1 further teaches the second optical system is composed of two or more lenses arranged in an array (One or more lenses direct light from the arrays of light emission devices (optionally through the emission intensity arrays) to locations within each eyebox and ultimately to the back of the user's retina(s), para. [0036]).
Regarding claim 10, LI according to claim 9 further teaches each optical axis of each lens in the array is inclined with respect to an optical axis (501) of the first optical system (406) (as shown at least in FIGS. 4-5).
Regarding claim 13, LI according to claim 1 further teaches a fixation state of a subject is measured based on signal information of the retina acquired by the at least one imaging device (e.g., user looks at various known reference points in an image and eye tracking module 217 (imaging device) maps the locations of the user's pupil while looking at the reference points to corresponding signals received on the IR tracking array (fixation state), para. [0039]).
Regarding claim 14, LI according to claim 1 further teaches an illumination part (an LED), wherein a wavelength of the light illuminated by the illumination part is 800˜900 nm (i.e., locators 220 are active (i.e., an LED or other type of light emitting device), locators 220 may emit light in the visible band (e.g., about 500 nm to 750 nm), in the infrared band (e.g., about 750 nm to 1 mm), para. [0041]).
Regarding claim 15, LI according to claim 14 further teaches the illumination part forms an illumination image conjugate to the retina (i.e., One or more lenses direct light from the arrays of light emission devices (optionally through the emission intensity arrays) to locations within each eyebox and ultimately to the back of the user's retina(s), para. [0036] … the display element includes an infrared (IR) detector array that detects IR light (illumination image) that is retro-reflected from the retinas of a viewing user, para. [0037]).
Regarding claim 16, LI according to claim 14 further teaches the optical path (501) forms a substantially straight line (as shown at least in FIG. 5A).
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 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5 are rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US PUB 2021/0208396; herein after “LI”) in view of Dobschal et al. (US PUB 2007/0133093; herein after “Dobschal”).
Regarding claim 5 LI teaches a first optical system having a positive refractive power; and a second optical system having a positive refractive power (i.e., Adjustment module 218 may, for example, block and/or stop light emission devices whose image light falls outside of the determined pupil locations, allow other light emission devices to emit image light that falls within the determined pupil locations, translate and/or rotate one or more display elements, dynamically adjust curvature and/or refractive power of one or more active lenses (e.g., positive first and second optical system) in the lens (e.g., microlens) arrays, or some combination thereof, para. [0040]), wherein the first optical system, the first PSD optical element, the second PSD element, and the second optical system are arranged in order along the optical path (e.g., along the optical axis 501, as shown at least in FIG. 5A).
LI teaches all limitations except for explicit teaching of a first and a second optical system having a positive refractive power.
However, in a related field of endeavor Dobschal teaches the second diffractive element has a relatively strong positive refractive power (or strong positive effect, respectively) as compared to a refractive element, para. [0029].
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 device of LI such that a relatively strong positive refractive power (or strong positive effect, respectively) as taught by Dobschal, for the purpose of reduction or correction of further aberrations, such as the spherical aberration and coma of the main optics.
Regarding claim 17, LI according to claim 1 further teaches imaging optical system for guiding light reflected from a retina to at least one imaging device, the imaging optical system comprising: a first optical system having a positive refractive power; a first polarization-selective diffractive (PSD) optical element (e.g., polarization-selective gratings 406/426, FIGS. 4A-4B, para. [0069]); a second optical system having a positive refractive power (i.e., Adjustment module 218 may, for example, block and/or stop light emission devices whose image light falls outside of the determined pupil locations, allow other light emission devices to emit image light that falls within the determined pupil locations, translate and/or rotate one or more display elements, dynamically adjust curvature and/or refractive power of one or more active lenses (e.g., positive first and second optical system) in the lens (e.g., microlens) arrays, or some combination thereof, para. [0040]); and a second PSD optical element (e.g., polarization-selective gratings 408/428, FIGS. 4A-4B, para. [0069]), wherein the retina, the first optical system, the first PSD optical element, the second PSD element, and the second optical system are arranged in order along an optical path (e.g., along the optical axis 501, as shown at least in FIGS. 1, 3, 4A and 5A).
LI teaches all limitations except for explicit teaching of a first and a second optical system having a positive refractive power.
However, in a related field of endeavor Dobschal teaches the second diffractive element has a relatively strong positive refractive power (or strong positive effect, respectively) as compared to a refractive element, para. [0029].
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 device of LI such that a relatively strong positive refractive power (or strong positive effect, respectively) as taught by Dobschal, for the purpose of reduction or correction of further aberrations, such as the spherical aberration and coma of the main optics.
Regarding claim 18, LI according to claim 17 further teaches when emitted by the first PSD optical element, the light is diffracted by a first diffraction angle and, when emitted by the second PSD optical element, the light is diffracted by a second diffraction angle that is opposite to the first angle (i.e., a PBP grating may diffract light having a first circular polarization in a first direction (e.g., in a direction corresponding to a first positive order of diffraction) and diffract light having a second circular polarization that is orthogonal to the first circular polarization in a second direction that is different from the first direction (e.g., in a direction corresponding to first negative order of diffraction), para. [0069], FIG. 4B … further, polarization-selective gratings 426 and 428 have distinct angles of diffractions, para. [0092], and as shown at least in FIG. 8E, the circular polarization directions correspond to a negative and a positive order of diffractions (e.g., opposite diffraction angles), para. [0092]).
Regarding claim 11, LI according to claim 1 further teaches the imaging optical system is configured to form an intermediate image in the optical path (501) that is conjugate to both the retina and an imaging surface of the at least one imaging device (i.e., electronic display 215 projects images (intermediate image) to one or more reflective elements 260, which reflect at least a portion of the light toward an eye (retina) of a user, para. [0035], FIG. 2).
LI teaches all limitations except for explicit teaching of an intermediate image in the optical path that is conjugate to both the retina and the imaging device.
However, in a related field of endeavor Dobschal teaches In the imaging optics 1 optimized in this manner, when the imaging optics 1 are ideally focused onto a sample to be inspected, the focus of the observation radiation B coincides with the focus of the inspection radiation U and, in the case of defocusing of the imaging optics, there is at least a similar behavior for the observation radiation B and the inspection radiation U, para. [0076], FIG. 1.
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 device of LI such that the imaging optics are ideally focused (formed an intermediate image) onto a sample to be inspected (retina), the focus of the observation radiation (of the imaging device) as taught by Dobschal such that at least one aberration of the main optics is corrected for an inspection radiation.
Regarding claim 12, LI further teaches measurement device comprising: the imaging optical system according to claim 11, wherein the at least one imaging device is positioned along an imaging plane of the imaging optical system (i.e., electronic display 215 projects images (image plane) to one or more reflective elements 260 (imaging device), which reflect at least a portion of the light toward an eye (retina) of a user, para. [0035], also see para. [0044]).
Regarding claim 19, LI according to claim 17 further teaches an intermediate image is formed in the optical path (501) that is conjugate to both the retina and an imaging surface of the at least one imaging device (i.e., electronic display 215 projects images (intermediate image) to one or more reflective elements 260, which reflect at least a portion of the light toward an eye (retina) of a user, para. [0035], FIG. 2).
Regarding claim 20, LI according to claim 17 further teaches a retinal image of the left eye and a retinal image of the right eye are simultaneously imaged on a light-receiving surface of the at least one imaging device (i.e., Calibration data includes one or more images (e.g., retinal image of left and right eye) showing observed positions of locators 220 that are detectable by imaging device 235 (e.g., include a light-receiving surface), para. [0046]).
LI teaches all limitations except for explicit teaching of an intermediate image in the optical path that is conjugate to both the retina and the imaging device.
However, in a related field of endeavor Dobschal teaches In the imaging optics 1 optimized in this manner, when the imaging optics 1 are ideally focused onto a sample to be inspected, the focus of the observation radiation B coincides with the focus of the inspection radiation U and, in the case of defocusing of the imaging optics, there is at least a similar behavior for the observation radiation B and the inspection radiation U, para. [0076], FIG. 1.
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 device of LI such that the imaging optics are ideally focused (formed an intermediate image) onto a sample to be inspected (retina), the focus of the observation radiation (of the imaging device) as taught by Dobschal such that at least one aberration of the main optics is corrected for an inspection radiation.
Allowable Subject Matter
Claims 4 and 7 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, the closest prior art Dobschal et al. (US PUB 2007/0133093) does not teach, or renders obvious, regarding the condition -2 < ɸ1/ɸ2 < 0, where ø1 is the first diffraction angle and ø2 is the second diffraction angle.
Regarding claim 7, the closest prior art Dobschal et al. (US PUB 2007/0133093) does not teach, or renders obvious, regarding the condition 0.1 < D1/D2 < 2.0, where D1 is a distance from a diffraction plane of the first PSD optical element to a diffraction plane of the second PSD optical element and D2 is a distance from a diffraction plane of the second PSD optical element to a light-receiving surface of the at least one imaging device.
Cited prior art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. SONG et al. U.S. Pre Grant Publication No. 2022/0270645 teaches “a system includes a polarization selective optical element configured to diffract a light reflected by an object into a plurality of signal lights. The system also includes at least one optical sensor configured to receive the signal lights and generate a plurality of tracking signals for tracking the object”, see Abstract.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSTAK CHOUDHURY whose telephone number is (571)272-5247. The examiner can normally be reached on M-F 8AM-5PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached on 5712722333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUSTAK CHOUDHURY/Primary Examiner, Art Unit 2872
August 5, 2026
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