DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 1/17/2025 and 6/9/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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 21-40 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 pre-AIA the applicant regards as the invention.
Regarding claim 21, cited term of “wherein the forward-facing imager is configured to capture light reflected by the reflective element” (line 6-7) is indefinite and lacks antecedent, as nowhere in the claim specifies a light source. It is unclear where cited light comes? what kinds of the light. Infrared or visible? And where claimed imager looks at, eyes or environment? According to instant disclosure, the light is an infrared reflected from an eye of a user.
Claims 22-37 are rejected as containing the deficiencies of claim 21 through their dependency from claim 21.
Claim 38 has same undefined issue as that of claim 21 in line 6-7.
Claims 39-40 are rejected as containing the deficiencies of claim 38 through their dependency from claim 38.
Therefore proper amendments are required in order to clarify the scopes of the claims and overcome the rejections.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 21-40 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-14 of US patent US 12228738. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the claims of that of the present invention are disclosed in the respective claims of US 12228738 and are therefore anticipated by said claims. This is an obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
For comparison, the claims 21-40 of instant application with claims of 1-14 of US 12228738 are listed as follows side by side in the following table:
Claims of instant application: 19030083
Claims of US patent 11482147
Claim 21: A imaging system comprising:
an optical element configured to be positioned in front of an eye of a user;
a forward-facing imager;
a virtual backward-facing imager; and
a reflective element,
wherein the forward-facing imager is configured to capture light reflected by the reflective element, and
the forward-facing imager and the virtual backward-facing imager are equidistant from the optical element.
Claim 1: An imaging system comprising:
an optical element positioned in front of an eye of a user;
a reflective element that reflects light in a first wavelength range; and
a forward-facing imager sensitive to a subset of light of the first wavelength range, wherein the forward-facing
imager is oriented to capture the subset of light of the first wavelength range reflected by the reflective element,
wherein the forward-facing imager is on a same side of the optical element as an eye of a user;
a virtual backward-facing imager formed by infrared light propagated from the eye of the user through the optical
element corresponding to the infrared light reflected by the reflective element and captured by the forward-facing
imager; and
wherein the virtual backward-facing imager and the forward-facing imager are positioned on opposite sides of the optical element and the virtual backward-facing imager and the forward-facing imager are equidistant from the optical element.
Claim 22: The imaging system of claim 21, wherein the reflective element is configured to reflect light in a first wavelength range.
Claim 1:
….. a reflective element that reflects light in a first wavelength range, …..
Claim 23: The imaging system of claim 22, wherein the light in the first wavelength range reflected by the reflective element is infrared light.
Claim 3: The imaging system of claim 1, wherein the first wavelength range comprises an infrared wavelength range.
Claim 24: The imaging system of claim 22,
wherein the forward-facing imager is sensitive to a subset of the light of the first wavelength range of light reflected by the reflective element.
Claim 1:
…….
a forward-facing imager sensitive to a subset of light of the first wavelength range, wherein the forward-facing
imager is oriented to capture the subset of light of the first wavelength range reflected by the reflective element,…..
Claim 25: The imaging system of claim 21, wherein the reflective element comprises a hot mirror, a holographic optical element (HOE), an off-axis holographic mirror (OAHM), or an off-axis volumetric diffractive optical element (OAVDOE).
Claim 2: The imaging system of claim 1, wherein the reflective element comprises a hot mirror, a holographic optical element (HOE), an off-axis holographic mirror (OAHM), or an off-axis volumetric diffractive optical element (OAVDOE).
Claim 26: The imaging system of claim 21, wherein the reflective element comprises a plurality of segments, and
wherein each segment of the plurality of segments has a different reflection angle.
Claim 5: The imaging system of claim 1, wherein the reflective element comprises a plurality of segments.
Claim 7: The imaging system of claim 6, wherein the optical property of the first segment in the plurality of segments or
the optical property of the second segment in the plurality of segments comprises a reflection angle or an optical power.
Claim 27: The imaging system of claim 26, wherein a first segment in the plurality of segments has an optical property that is different from an optical property of a second segment in the plurality of segments.
Claim 6: The imaging system of claim 5, wherein a first segment in the plurality of segments has an optical property that is
different from an optical property of a second segment in the plurality of segments.
Claim 28: The imaging system of claim 26, wherein two segments of the plurality of segments are arranged horizontally.
Claim 8: The imaging system of claim 5, wherein two of the plurality of segments are arranged horizontally.
Claim 29: The imaging system of claim 26, wherein two segments of the plurality of segments are arranged vertically.
Claim 9: The imaging system of claim 5, wherein two of the plurality of segments are arranged vertically.
Claim 30: The imaging system of claim 22, wherein the reflective element is transmissive to a second wavelength range that is different from a first wavelength range.
Claim 11: The imaging system of claim 1, wherein the reflective element is transmissive to a second wavelength range that is different from the first wavelength range.
Claim 31: The imaging system of claim 21, wherein the optical element is transmissive to at least 50% of light incident on the optical element.
Claim 4: The imaging system of claim 1, wherein the optical element comprises the reflective element, and wherein the
optical element is transmissive to at least 50% of visible light incident on the optical element.
Claim 32: The imaging system of claim 21, wherein the optical element comprises the reflective element.
Claim 12: The imaging system of claim 1, wherein the optical element comprises the reflective element, and wherein the
optical element is non-transmissive to visible light incident on the optical element.
Claim 33: The imaging system of claim 21, wherein the optical element comprises a light field display.
Claim 12:
….. wherein the optical element comprises the reflective element, ….
and col. 16, line 38-39.
Claim 34: The imaging system of claim 21, wherein the virtual backward-facing imager is formed by infrared light propagated from the eye of the user through the optical element corresponding to the light reflected by the reflective element and captured by the forward- facing imager.
Claim 1:
…… a virtual backward-facing imager formed by infrared light propagated from the eye of the user through the optical
element corresponding to the infrared light reflected by the reflective element and captured by the forward-facing
imager, ….
Claim 35: The imaging system of claim 21, wherein a depth of field for the forward-facing imager is the same as a depth of field of the virtual backward-facing imager.
Claim 13: The imaging system of claim 1, wherein the depth of field for the forward-facing imager is the same as the depth of field of the virtual backward-facing imager based on the virtual backward-facing imager and the forward-facing imager being equidistant from the optical element.
Claim 36: The imaging system of claim 21, wherein the forward-facing imager and the virtual backward-facing imager are positioned on opposite sides of the optical element.
Claim 1:
….. wherein the virtual backward-facing imager and the forward-facing imager are positioned on opposite sides of the optical element, …..
Claim 37: A head mounted display comprising the imaging system of claim 21.
Claim 1: An imaging system….
---this portion of claim is of an intend use of claim.
Claim 38: An imaging system comprising:
an optical element configured to be positioned in front of an eye of a user;
a forward-facing imager;
a virtual backward-facing imager; and
a reflective element,
wherein the forward-facing imager is configured to capture light reflected by the reflective element, and
the forward-facing imager and the virtual backward-facing imager are positioned on opposite sides of the optical element.
Claim 1: An imaging system comprising:
an optical element positioned in front of an eye of a user;
a reflective element that reflects light in a first wavelength range; and
a forward-facing imager sensitive to a subset of light of the first wavelength range, wherein the forward-facing
imager is oriented to capture the subset of light of the first wavelength range reflected by the reflective element,
wherein the forward-facing imager is on a same side of the optical element as an eye of a user;
a virtual backward-facing imager formed by infrared light propagated from the eye of the user through the optical
element corresponding to the infrared light reflected by the reflective element and captured by the forward-facing
imager; and
wherein the virtual backward-facing imager and the forward-facing imager are positioned on opposite sides of the optical element and the virtual backward-facing imager and the forward-facing imager are equidistant from the optical element.
Claim 39: The imaging system of claim 38, wherein a depth of field for the forward-facing imager is the same as a depth of field of the virtual backward-facing imager.
Claim 13: The imaging system of claim 1, wherein the depth of field for the forward-facing imager is the same as the depth of field of the virtual backward-facing imager based on the virtual backward-facing imager and the forward-facing imager being equidistant from the optical element.
Claim 40: A head mounted display comprising the imaging system of claim 38.
Claim 1: An imaging system….
---this portion of claim is of an intend use of claim.
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure:
(a) Hotta et al (US 20150212577) teaches
a imaging system (abstract; fig. 1 and fig. 15A) comprising:
an optical element configured to be positioned in front of an eye of a user (fig. 1, 40, fig. 15A, 40, 41);
a forward-facing imager (fig. 1, 20);
a reflective element (fig. 15A, 41),
wherein the forward-facing imager is configured to capture light reflected by the reflective element (fig. 1, 20; page 7, right col., claim 14, wherein the imager includes an infrared camera; ¶[0108], line 1-18, infrared light is irradiated on the eye 51; and an infrared camera is used as the imager 20. Thereby, for example, the image of the eye 51 appearing at the reflector 41 can be imaged with higher certainty).
(b) Takatori (JP 2003230539, English translation attached) teaches
a imaging system (abstract; fig. 1) comprising:
an optical element configured to be positioned in front of an eye of a user (fig. 1, 21L, 21R);
a forward-facing imager (fig. 1, 30);
a reflective element (fig. 1, 25),
wherein the forward-facing imager is configured to capture light reflected by the reflective element (fig. 1, 30, 25; ¶[0022], line 227-233, the light used by the imaging unit 30 for photographing is not visible light. By using infrared light, it is possible to prevent the image of the outside world from becoming noise when recognizing the image of the eye).
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Stephone Allen can be reached on (571) 272 2434.The Fax number for the organization where this application is assigned is (571) 273 8300.
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/JIE LEI/Primary Examiner, Art Unit 2872
Prosecution Insights