DETAILED ACTION
Status of the Claims
The preliminary amendment filed 1/14/25 is entered. Claims 1, 3-6, 11-14, 16, and 19-21 are amended.
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statements
The information disclosure statement (IDS) submitted on 3/27/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Applicant's Information Disclosure Statements filed 3/27/25 have been received, and entered into the record.
However, Examiner notes that it is impractical for the examiner to review the references thoroughly with the number of references cited in this case. By initializing each of the cited references on the accompanying 1449 forms, the examiner is merely acknowledging the submission of the cited references and merely indicating that only a cursory review has been made of the cited references.
Additionally, please see MPEP § 2004.13, which states: "It is desirable to avoid the submission of long lists of documents if it can be avoided. Eliminate clearly irrelevant and marginally pertinent cumulative information, if a long list is submitted, highlight those documents which have been specifically brought to applicant’s attention and/or are known to be of most significance. See Penn Yan Beats, Inc. v. Sea Lark Boats, Inc., 359 F. Supp. 948, 175 USPQ 260 (S.D. Fla. 1972), aff’d, 479 F.2d 1338, 178 USPQ 577 (5th Cir. 1973), cert denied, 414 U.S. 874 (1974), But cf. Molins PLC v.Textron Inc„ 48 F.3d 1172, 33 USPQ2d 1823 (Fed, Cir. 1995).”
Accordingly, the Examiner is only able to perform a cursory review of the 626 references filed in the information Disclosure Statements of 3/27/25.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11, 12, and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitations “the output polarisation state of light from the first optical apparatus” and “the output polarisation state of light from the second optical apparatus” in lines 2-4. There is insufficient antecedent basis for this limitation in the claim. It is assumed that claim 11 should depend on claims 7 or 8, which discuss polarization states.
Claim 12 recites the limitations “the lens arrangement” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitations “the lens arrangement” in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-6, 9, and 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eash, US-20180284451, in view of Mukawa, US-20130242555.
In regards to claim 1, Eash discloses a near-eye display apparatus (Par. 0042 near-eye display) comprising: a first illumination system (Fig. 14A and 14B; Par. 0109 foveal display subsystem) comprising a first spatial light modulator (Fig. 14A and 14B, 1410 display panel) and a first optical apparatus (Fig. 14A and 14B, 1420 optics + 1430 steering element + 1450 light guide), wherein the first spatial light modulator (Fig. 14A and 14B, 1410 display panel) is arranged to output light via the first optical apparatus (Fig. 14A and 14B, 1420 optics + 1430 steering element + 1450 light guide) to provide a first image for display (Par. 0109 presenting a foveal image to a user’s eye), wherein the first optical apparatus (Fig. 14A and 14B, 1420 optics + 1430 steering element + 1450 light guide) has an optical axis and positive optical power in lateral and transverse directions that are perpendicular to each other and perpendicular to the optical axis (Fig. 14A and 14B, 1420 optics + 1430 steering element + 1450 light guide; Par. 0109 focusing and guiding light through lateral and transverse directions to the user’s eye position, i.e. positive optical power); and a second illumination system (Fig. 7 750 field display subsystem) comprising a second spatial light modulator (Fig. 7, OLED) and a second optical apparatus (Fig. 7, microlens array), wherein the second spatial light modulator (Fig. 7, OLED) is arranged to output light via the second optical apparatus (Fig. 7, microlens array) to provide a second image for display (Fig. 7, OLED provides a field image), and wherein the second optical apparatus (Fig. 7, microlens array) has positive optical power (Fig. 7, microlens array providing field image from OLED, i.e. increasing size/power) for the light output by the second spatial light modulator (Fig. 7, OLED), wherein the first illumination system (Fig. 14A and 14B; Par. 0109 foveal display subsystem) is arranged to receive, from the second illumination system (Fig. 7 750 field display subsystem), light corresponding to the second image and to permit the received light corresponding to the second image to pass therethrough for display (Fig. 7, 14A and 14B, light from field display subsystem provides field image passing through foveal display subsystem to the user’s eyes), and wherein the first image provided by the first spatial light modulator (Fig. 14A and 14B, 1410 display panel) and first optical apparatus (Fig. 14A and 14B, 1420 optics + 1430 steering element + 1450 light guide) has at least one property that is different to the second image provided by the second spatial light modulator (Fig. 7, OLED) and second optical apparatus (Fig. 7, microlens array), wherein said at least one property comprises at least one of: image resolution; image content; brightness; exit pupil size; modulation transfer function; field of view; focal plane distance; response speed; pixel arrangement; and colour gamut (Fig. 7, 14A and 14B, light from field display subsystem provides field image passing through foveal display subsystem to the user’s eyes wherein the images of the field and foveal display subsystems would have image resolution, image content, brightness, exit pupil size, modulation transfer function, field of view, focal plane distance, response speed, pixel arrangement, and colour gamut differences as they provide completely different images provided by different display types).
Eash does not disclose expressly wherein the first optical apparatus has anamorphic properties in the lateral and transverse directions.
Mukawa discloses a first optical apparatus has anamorphic properties in the lateral and transverse directions (Fig. 1 and 2, optics of image generation device 111 include 60 light angle control member with anamorphic microlens 61; Par. 0074 and 0188 anamorphic microlens for input into a light guide plate).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art that the first optical apparatus of Eash can utilize anamorphic microlenses in the manner of Mukawa. The motivation for doing so would have been to control the light output angle.
In regards to claim 2, Eash and Mukawa, as combined above, disclose the first optical apparatus (Eash Fig. 14A and 14B, 1420 optics + 1430 steering element + 1450 light guide) does not provide optical power to the received light corresponding to the second image (Eash Fig. 7, 14A and 14B, light from field display subsystem provides field image passing through foveal display subsystem to the user’s eyes without optical power).
In regards to claim 3, Eash and Mukawa, as combined above, disclose the first optical apparatus (Eash Fig. 14A and 14B, 1420 optics + 1430 steering element + 1450 light guide) comprises an extraction waveguide (Eash Fig. 14A and 14B, 1450 light guide).
In regards to claim 4, Eash and Mukawa, as combined above, disclose the second optical apparatus (Eash Fig. 7, microlens array) has non-anamorphic properties in the lateral and transverse directions (Eash Fig. 7, microlens array is non-anamorphic).
In regards to claim 5, Eash and Mukawa, as combined above, disclose the second optical apparatus (Eash Fig. 7, microlens array) comprises a lens arrangement (Eash Fig. 7, microlens array).
In regards to claim 6, Eash discloses the first spatial light modulator (Eash Fig. 14A and 14B, 1410 display panel) comprises first pixels distributed in the lateral direction (Eash Fig. 14A and 14B, 1410 display panel pixels in lateral and transverse direction), and the first optical apparatus (Eash Fig. 14A and 14B, 1420 optics + 1430 steering element + 1450 light guide) comprises: the extraction waveguide (Eash Fig. 14A and 14B, 1450 light guide) is arranged to receive the light output from the transverse component (Eash Fig. 14A and 14B, 1410 display panel pixels in lateral and transverse direction); the extraction waveguide (Eash Fig. 14A and 14B, 1450 light guide) is arranged to guide light from the transverse component to the lateral component along the extraction waveguide (Eash Fig. 14A and 14B, 1450 light guide) in a first direction (Eash Fig. 14A and 14B, 1450 light guide); and a light reversing reflector (Eash Fig. 14A and 14B, 1460 light-guide output couplers) that is arranged to reflect light guided along the extraction waveguide (Eash Fig. 14A and 14B, 1450 light guide) in the first direction such that the reflected light is directed along the extraction waveguide (Eash Fig. 14A and 14B, 1450 light guide) in a second direction opposite to the first direction (Eash Fig. 14A and 14B, 1460 light-guide output couplers output light to eye in a second direction).
Eash does not disclose expressly a transverse anamorphic component having positive optical power in the transverse direction, wherein the transverse anamorphic component is arranged to receive light from the first spatial light modulator and to output light in directions that are distributed in the transverse direction; a lateral anamorphic component having positive optical power in the lateral direction.
Mukawa discloses a transverse anamorphic component having positive optical power in the transverse direction, wherein the transverse anamorphic component is arranged to receive light from the first spatial light modulator and to output light in directions that are distributed in the transverse direction (Fig. 1 and 2, optics of image generation device 111 include 60 light angle control member with anamorphic microlens 61, which has anamorphic components in the lateral and transverse directions; Par. 0074 and 0188 anamorphic microlens for input into a light guide plate); a lateral anamorphic component having positive optical power in the lateral direction (Fig. 1 and 2, optics of image generation device 111 include 60 light angle control member with anamorphic microlens 61, which has anamorphic components in the lateral and transverse directions; Par. 0074 and 0188 anamorphic microlens for input into a light guide plate).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art that the first optical apparatus of Eash can utilize anamorphic microlenses in the manner of Mukawa. The motivation for doing so would have been to control the light output angle.
In regards to claim 9, Eash and Mukawa, as combined above, disclose the extraction waveguide (Eash Fig. 14A and 14B, 1450 light guide) comprises an array of extraction features (Eash Fig. 14A and 14B, 1460 light-guide out-coupler) disposed with the extraction waveguide (Eash Fig. 14A and 14B, 1450 light guide), the extraction features (Eash Fig. 14A and 14B, 1460 light-guide out-coupler) being arranged to transmit light guided along the extraction waveguide (Eash Fig. 14A and 14B, 1450 light guide) in the first direction and to extract light guided along the extraction waveguide (Eash Fig. 14A and 14B, 1450 light guide) in the second direction towards an eye of a viewer, the array of extraction features (Eash Fig. 14A and 14B, 1460 light-guide out-coupler) being distributed along the extraction waveguide (Eash Fig. 14A and 14B, 1450 light guide) so as to provide exit pupil expansion (Eash Fig. 14A and 14B, 1460 light-guide output couplers output light to eye in a second direction).
Eash and Mukawa do not disclose expressly extraction features disposed internally within the extraction waveguide.
However, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art that the light-guide output coupler of Eash could be disposed internally or externally to the waveguide. The motivation for doing so would have been a design choice based on the light propagation.
In regards to claim 14, Eash and Mukawa, as combined above, disclose the first spatial light modulator (Eash Fig. 14A and 14B, 1410 display panel) comprises first pixels (Eash Fig. 14A and 14B, 1410 display panel).
In regards to claim 15, Eash and Mukawa, as combined above, disclose the first pixels are inorganic micro-LED pixels or OLED pixels (Par. 0090 light guide using OLED display).
In regards to claim 16, Eash and Mukawa, as combined above, disclose the second spatial light modulator (Eash Fig. 7, OLED) comprises second pixels (Eash Fig. 7, OLED).
In regards to claim 17, Eash and Mukawa, as combined above, disclose the second pixels are OLED pixels (Eash Fig. 7, OLED).
In regards to claim 18, Eash and Mukawa, as combined above, disclose the second pixels (Eash Fig. 7, OLED) are liquid crystal display pixels (Fig. 0068 field display can utilize LCD or OLED).
In regards to claim 19, Eash and Mukawa, as combined above, disclose an aspect ratio of the first pixels is different to an aspect ratio of the second pixels (Eash Fig. 14A and 14B, 1410 display panel has an aspect ration; Eash Fig. 7, OLED has another aspect ratio).
In regards to claim 20, Eash and Mukawa, as combined above, disclose a virtual image distance provided by the first optical apparatus (Eash Fig. 14A and 14B, 1420 optics + 1430 steering element + 1450 light guide) is different to a virtual image distance provided by the second optical apparatus (Eash Fig. 7, microlens array).
In regards to claim 21, Eash and Mukawa, as combined above, disclose a head-worn display apparatus comprising: the near-eye display apparatus according to claim 1 (Par. 0055 head mounted display); and a head-mounting arrangement for mounting the near-eye display apparatus on the head of a user (Par. 0055 head mounted display has a mounting arrangement).
Allowable Subject Matter
Claims 7, 8, and 10 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:
In regards to claim 7, the prior art of record fails to disclose, teach or fairly suggest to one of ordinary skill in the art, in conjunction with all the other claimed limitations: a near-eye display apparatus and specifically including “the extraction waveguide comprises a rear guide surface and a polarisation-sensitive reflector opposing the rear guide surface; the first illumination system further comprises a deflection arrangement disposed outside the polarisation-sensitive reflector, the first illumination system is arranged to provide light guided along the extraction waveguide (Eash Fig. 14A and 14B, 1450 light guide) in the first direction with an input linear polarisation state before reaching the polarisation-sensitive reflector; the first optical apparatus further comprises a polarisation conversion retarder disposed in the light path between the polarisation-sensitive reflector and the light reversing reflector, wherein the polarisation conversion retarder is arranged to convert a polarisation state of light passing therethrough between a linear polarisation state and a circular polarisation state, and the polarisation conversion retarder and the light reversing reflector are arranged in combination to rotate the input linear polarisation state of the light guided in the first direction so that the light guided in the second direction and output from the polarisation conversion retarder has a linear polarisation state that is orthogonal to the input linear polarisation state; the polarisation-sensitive reflector is arranged to reflect light guided in the first direction having the input linear polarisation state so that the rear guide surface and the polarisation-sensitive reflector are arranged to guide light in the first direction, and to extract light guided in the second direction having the orthogonal linear polarisation state so that the extracted light is incident on the deflection arrangement; and the deflection arrangement is arranged to deflect at least part of the light extracted by the polarisation-sensitive reflector that is incident thereon towards an output direction forwards of the first illumination system.”.
In regards to claim 8, the prior art of record fails to disclose, teach or fairly suggest to one of ordinary skill in the art, in conjunction with all the other claimed limitations: a near-eye display apparatus and specifically including “the extraction waveguide comprises: a front guide surface; a polarisation-sensitive reflector opposing the front guide surface; and an extraction element disposed outside the polarisation-sensitive reflector, the extraction element comprising: a rear guide surface opposing the front guide surface; and an array of extraction features; the first illumination system is arranged to provide light guided along the extraction waveguide in the first direction with an input linear polarisation state before reaching the polarisation-sensitive reflector; and the first optical apparatus further comprises a polarisation conversion retarder disposed between the polarisation-sensitive reflector and the light reversing reflector, wherein the polarisation conversion retarder is arranged to convert a polarisation state of light passing therethrough between a linear polarisation state and a circular polarisation state, and the polarisation conversion retarder and the light reversing reflector are arranged in combination to rotate the input linear polarisation state of the light guided in the first direction so that the light guided in the second direction and output from the polarisation conversion retarder has an orthogonal linear polarisation state that is orthogonal to the input linear polarisation state; the polarisation-sensitive reflector is arranged to reflect light guided in the first direction having the input linear polarisation state and to extract light guided in the second direction having the orthogonal linear polarisation state, so that the front guide surface and the polarisation-sensitive reflector are arranged to guide light in the first direction, and the front guide surface and the rear guide surface are arranged to guide light in the second direction; and the array of extraction features is arranged to extract light guided along the extraction waveguide in the second direction towards an eye of a viewer through the front guide surface, the array of extraction features being distributed along the extraction waveguide so as to provide exit pupil expansion in the transverse direction.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CORY A ALMEIDA whose telephone number is (571)270-3143. The examiner can normally be reached M-Th 9AM-730PM.
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/CORY A ALMEIDA/Examiner, Art Unit 2628 10/23/25