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 .
DETAILED ACTION
The instant application having Application No. 19015689 filed on 01/10/2025 is presented for examination by the examiner.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by e M.P.E.P. 210, 214.03, acknowledgement is made of applicant’s claim for priority based on application JP 2024-013115, filed 01/31/2024 (Japan).
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
However, to overcome a prior art rejection, applicant(s) must submit a translation of the foreign priority papers in order to perfect the claimed foreign priority because said papers has not been made of record in accordance with 37 CFR 1.55. See MPEP § 213.04
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 3-6, 11-13, 15-17 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanaka et al. (hereafter Tanaka) WO 2022200913 (where English equivalent is referenced US 20240142771 A1).
In regard to independent claims 1 and 20, Tanaka teaches (see Figs. 1-14) a retina projection image display device (i.e. as retinal projection display optical device and head-mounted display, see title, abstract, paragraphs [01,03-07,45-53,57-65,72-80, 84,101,120-125], e.g. Figs. 1-6) comprising:
a light source to emit light (i.e. light source 1 that emits image beam Li, paragraphs [47-53], Fig. 1);
an optical scanner to scan the light emitted from the light source, to form an image with the scanned light (light deflector 5, that scans the image (laser) light Li by tilting its’ reflection mirror 42a, paragraphs [45-48,57-60], Figs. 1,3);
an eyepiece optical system to guide an exit pupil of the light scanned by the optical scanner to an eyeball (projection optical element 6 on eyeglasses 10, guides exit pupil of scanned light Li by 4, 5 to eyeball retina, pupil 30, 32,31 e.g. paragraphs [45-53,57-65,79, 126-128], Figs. 1,6,11); and
a variable optical system between the light source and the optical scanner (i.e. lens 2,3 and light scanner 4, between 5 and 1, as depicted in Figs. 1,2, e.g. paragraphs [45-53,57-65, 7]), the variable optical system (2,3,4) including:
a light collimator to convert the light emitted from the light source into collimated light which is directed to the optical scanner (i.e. as e.g. lens 3 and 2 shape laser light beam from 1 Li into desired shape and direct to 4, paragraphs [45-48,77], Fig. 1); and
a movable mirror with a variable tilt to change a reflection angle of the light emitted from the light source to the optical scanner to change an incident position of the light emitted from the light source onto the optical scanner to shift the exit pupil (i.e. as light scanner 4 with variable/rotatable reflection mirror 92a, that changes reflection angle of Li from 1 to 5, thus changing the position of Li on 31 and 32, paragraphs [45-48, 53-58,71,78,84,135], Figs. 1,2,6).
In regard to independent claim 13, Tanaka teaches (see Figs. 1-14) a retina projection image display device (i.e. as retinal projection display optical device and head-mounted display, see title, abstract, paragraphs [01,03-07,45-53,57-65,72-80, 84,101,120-125], e.g. Figs. 1-6) comprising:
a light source to emit light (i.e. light source 1 that emits image beam Li, paragraphs [47-53], Fig. 1);
an optical scanner to scan the light emitted from the light source, to form an image with the scanned light (light deflector 5, that scans the image (laser) light Li by tilting its’ reflection mirror 42a, paragraphs [45-48,57-60], Figs. 1,3);
an eyepiece optical system to guide an exit pupil of the light scanned by the optical scanner to an eyeball (projection optical element 6 on eyeglasses 10, guides exit pupil of scanned light Li by 4, 5 to eyeball retina, pupil 30, 32,31 e.g. paragraphs [45-53,57-65,79, 126-128], Figs. 1,6,11);
a sensor to detect a position of a pupil or a cornea of the eyeball (light detection element 8, with light source 7 (reflector 9), for detection of pupil, sight line of the user wearing 100, paragraphs [47,62,64-71], Fig. 1),
a variable optical system between the light source and the optical scanner (i.e. lens 2,3 and light scanner 4, between 5 and 1, as depicted in Figs. 1,2, e.g. paragraphs [45-53,57-65, 7]), the variable optical system (2,3,4) including:
a light collimator to convert the light emitted from the light source into collimated light which is directed to the optical scanner (i.e. as e.g. lens 3 and 2 shape laser light beam from 1 Li into desired shape and direct to 4, paragraphs [45-48,77], Fig. 1); and
a movable mirror with a variable tilt to change a reflection angle of the light emitted from the light source to the optical scanner to change an incident position of the light emitted from the light source onto the optical scanner to shift the exit pupil (i.e. as light scanner 4 with variable/rotatable reflection mirror 92a, that changes reflection angle of Li from 1 to 5, thus changing the position of Li on 31 and 32, paragraphs [45-48, 53-58,71,78,84,135], Figs. 1,2,6); and
circuitry configured to control the optical scanner and the variable optical system according to the position of the pupil or the cornea detected by the sensor (controller 11, controls 5, 4 with information/signals from 8, paragraphs [47-49,64-66,71,110-112,118-120,191-192], Figs. 1,4-5).
Regarding claim 3, Tanaka teaches (see Figs. 1-14) further comprising: circuitry (controller 11) configured to move the movable mirror so that the optical scanner changes the incident position of the light emitted from the light source onto the optical scanner to shift the exit pupil (controller 11, controls 5, 4 with information/signals from 8, that changes reflection angle of Li from 1 to 5, thus changing the position of Li on 31 and 32, paragraphs [47-49,64-66,71,110-112,118-120191-192], Figs. 1,4-5).
Regarding claims 4 and 15, Tanaka teaches (see Figs. 1-14) further comprising: a spectacle-shaped support including a temple extending in an extension direction (i.e. eyeglasses frame 10 as support including a temple 101 extending in extension direction, as depicted in Fig. 1, paragraphs [47-48,72]), the temple including the optical scanner and the variable optical system extending along the extension direction (i.e. as 5 and 4 in 101 extending in extension direction, Fig. 1, paragraphs [47-48,72]).
Regarding claims 5 and 16, Tanaka teaches (see Figs. 1-14) that the optical scanner has a first optical scanning surface (i.e. as 5 has deflection mirror 42a surface of movable portion 42, paragraphs [57,102-107], Figs. 1,3), the variable optical system has a second optical scanning surface (i.e. as 4 has scanning reflection mirror 92a surface of movable portion 92, paragraphs [53, 85, 90-95], Figs. 1,2), the first optical scanning surface and the second optical scanning surface are positioned facing each other during non-operation of the optical scanner and the variable optical system (i.e. as 5 with 42a faces 4 with 92a during non-operation of 5 and 4, as depicted in Figs. 1, 2-3).
Regarding claims 6 and 17, Tanaka teaches (see Figs. 1-14) that the eyepiece optical system (projection optical element 6 on eyeglasses 10, e.g. paragraphs [45-53,57-65,79, 126-128], Figs. 1,6,11): faces the eyeball (i.e. 6 on 10 faces eyeball 30, paragraphs [45-53,57-65,79, 126-128], Figs. 1,6,11); and includes a holographic optical element to converge and reflect the light scanned by the optical scanner to the eyeball (i.e. as 6 is a hologram that reflects and converges Li light scanned by 5 to eyeball 30, paragraphs [47, 60-62,79,126-132], Figs. 1,6,11).
Regarding claims 11, Tanaka teaches (see Figs. 1-14) further comprising: a sensor to detect a position of a pupil or a cornea (light detection element 8, with light source 7 (reflector 9), for detection of pupil, sight line of the user wearing 100, paragraphs [47,62,64-71], Fig. 1), wherein the circuitry (11) configured to move the movable mirror (4, 92a) controls the optical scanner (5) and the variable optical system (4) according to the position of the pupil or the cornea detected by the sensor (controller 11, controls 5, 4 with information/signals from 8, paragraphs [47-49,64-66,71,110-112,118-120191-192], Figs. 1,4-5).
Regarding claims 12, Tanaka teaches (see Figs. 1-14) that the sensor (the light detection element 8, that has its own h light source 7 (reflector 9), for detection of pupil, sight line of the user wearing 100, paragraphs [47,62,64-71], Fig. 1) includes:
another light source (i.e. detection light source 7, paragraphs [47,62,64-71], Fig. 1); and
a photosensor (i.e. as 8 is a photosensor, paragraphs [47,62,64-71], Fig. 1) to receive light emitted from said another sensor and reflected from the eyeball and output information on a light receiving position of the light received on the sensor (i.e. as photosensor 8 receives detection light Ls emitted from 7 and reflected from eyeball 30 as light received position of 30, see paragraphs [47,62,64-71], Fig. 1), and the optical scanner scans the light emitted from said another light source into the eyeball (as 5 scans light emitted based on inputs from controller 11 as ST and controls 5 with information/signals from 8 given another light Ls reflected from 30, e.g. paragraphs [47-49,64-66,71,110-112,118-120,191-192], Figs. 1,4-5).
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.
Claims 2 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (hereafter Tanaka) WO 2022200913 (where English equivalent is referenced US 20240142771 A1) in view of Grafenburg et al. (hereafter Grafenburg) US 20230408810 A1.
Regarding claims 2 and 14, Tanaka teaches (see Figs. 1-14) the light collimator (i.e. as lens 3 and/or lens 2, paragraphs [45-48,77], Fig. 1) but is silent that it includes a concave mirror.
However, Grafenburg teaches in the same field of invention of a optical system of virtual retinal display (see Figs. 1-5, title, abstract, paragraphs [04-11, 19-32,40-52]) and further teaches that light collimator includes a concave mirror (i.e. as collimating element that as in particular a collimating mirror, besides a collimating lens providing that light beams of a complete image content are thus collimated or merged by means of the collimating element in the direction of the first mirror., see e.g. Figs. 1-5, paragraphs [29, 45], claim 13).
Thus Grafenburg shows that collimating mirror is an equivalent structure in the art to collimating lens. Therefore, because these two collimating elements (as mirror or lens) were art-recognized equivalents before the effective filing date of instant invention, one of ordinary skill in the art would have found it obvious to substitute or add collimating mirror for/to collimating lens (See MPEP §2144.06) and in order to provide that light beams of a complete image content are collimated or merged by means of such collimating element in the direction of the first mirror, (see Grafenburg, paragraphs [29], claim 13).
Claims 7-10 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et al. (hereafter Tanaka) WO 2022200913 (where English equivalent is referenced US 20240142771 A1) in view of Suzuki et al. (hereafter Suzuki) US 20250044579 A1.
Regarding claims 7 and 18 , Tanaka teaches (see Figs. 1-14) the retina projection image display device (retinal projection display e.g. 100, abstract, paragraphs [01,03-07,45-53,57-65,72-80, 84,101,120-125], e.g. Figs. 1-6) but is silent about further comprising: a magnifying optical system between the optical scanner and the eyepiece optical system, the magnifying optical system to change the incident position of the light emitted from the optical scanner onto the eyepiece optical system, to enlarge an eye box (i.e. Li emitted from 5 to 6, paragraphs [47-53,57-65,72-80, 120-125], e.g. Figs. 1-6).
However Suzuki teaches in the same field of invention of image projection device (see e.g. Figs. 1-8, title, abstract, paragraphs [08-17,34-44,49-58, 61-63], Figs. 1-2, 6-8, 10), also with light source 12, and scanning and moving reflectors 16, 18, and projection mirror 20 projecting light beams 26 onto eye 60 retina 62) and further teaches comprising a magnifying optical system between the optical scanner and the eyepiece optical system (i.e. as system lens 22 operating with and between 16 and moving reflector 18 and curved projection mirror 20, paragraphs [34-44,49-58, 61-63], Figs. 1-2, 6-8, 10), the magnifying optical system to change the incident position of the light emitted from the optical scanner onto the eyepiece optical system, to enlarge an eye box (i.e. as due to position of 22 with respect to focus of 18 and 20 changes the position incident light 26 emitted from 16, and providing that image light beam enter the pupil of the user even when the pupil moves, paragraphs [08-17, 61-64,76], Figs. 1-2, 6-8, 10).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the retinal projection display of Tanaka to include magnifying optical lens system with lens and working with eyepiece optical system according to teachings of Suzuki in order to provide that image light beam enter the pupil of the user even when the pupil moves (see Suzuki paragraphs [08-17,34-44,49-58, 61-63], Figs. 1-2, 6-8, 10).
Regarding claims 8 and 19, the Tanaka-Suzuki combination teaches the invention as set forth above, and Tanaka teaches (see Figs. 1-14) that the magnifying optical system receives collimated light from the optical scanner (i.e. as due to combination 22 as adapted with 6 receives collimated light from 5, paragraphs [47-53,57-65,72-80, 120-125], e.g. Fig. 1, see Suzuki paragraphs [34-44,49-58, 61-63], Figs. 1-2, 6-8, 10).
Regarding claim 9, the Tanaka-Suzuki combination teaches the invention as set forth above, and Tanaka teaches (see Figs. 1-14) further comprising: multiple magnifying optical systems including the magnifying optical system (i.e. as system lens 2 with adapted system lens 22, paragraphs [47, 77], e.g. Fig. 1, see Suzuki paragraphs [34-44,49-58, 61-63], Figs. 1-2, 6-8, 10).
Regarding claim 10, the Tanaka-Suzuki combination teaches the invention as set forth above, and Tanaka teaches (see Figs. 1-14) further comprising: a spectacle-shaped support including a temple extending in an extension direction, the temple including multiple magnifying optical systems extending along the extension direction.
spectacle-shaped support including a temple extending in an extension direction (i.e. eyeglasses frame 10 as support including a temple 101 extending in extension direction, as depicted in Fig. 1, paragraphs [47-48,72]), the temple including multiple magnifying optical systems extending along the extension direction (i.e. as 22 per combination, and 2 are in 101 extending in extension direction, Fig. 1, paragraphs [47-48,72], with Suzuki paragraphs [34-44,49, 91], Figs. 1, 10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yoshikawa et al. US 20250013297 A1 also disclose features of instant invention (see Figs. 1-2, 38 and their descriptions).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky L Mack can be reached at (571)272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIN PICHLER/Primary Examiner, Art Unit 2872
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