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 Objections
Claim 1 is objected to because of the following informalities: at line 4 of page 1 of the claims, claim 1 claim recites “a NED” using the wrong antecedent after previously introducing the limitation “a near-eye display (NED)” in the preamble of the claim. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: at lines 21 of page 1 of the claims, the claim introduces the acronym “the APCs” using the wrong antecedent and prior to providing the full descriptive term. Appropriate correction is required.
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.
Claims 1-4, 10-12, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al., US 2018/0335629 A1 (hereinafter “Cheng”) in view of Macnamara, US 2014/0003762 A1 (hereinafter “Macnamara”).
Regarding claim 1, Cheng discloses a method for displaying an image (FIGS. 2-4 and [0003]-[0008] and [0082] displaying an augmented reality image in a vision field of the user) in a near-eye display (NED) (FIG. 2, [0079] wearable display system 60), the method comprising:
providing a NED (60) comprising an optical assembly (FIG. 6 and [0088] waveguide assembly 260 inclusive of beam splitter 550 and SLM 530, FIGS. 20C-D and [0212] color modulator and FIG. 38 generally [0288]-[0289]; furthermore, and alternatively, FIGS. 18A-19 illustrating color mixing element 1004 and illumination system 1800 at [0165] and [0188] (in view of Applicant’s FIGS. 5A and 6) for generating a color image (FIG. 6 and [0088]-[0089] generating colors and image at [0003]-[0004]) using white light as source (FIGS. 20C-D and white light source 1110 at [0212] and FIGS. 21A-23A and [0229]-[0230] light emitters 1002a, 1002b, 1002c can be white LEDs; FIG. 38 light source 102 can be a white light source) and a lightguide optical element (LOE) (FIGS. 18D, 18G, 18J, 18M, and 18S and 18V with collimating optics 1012a, 1012b, 1012c at [0169] and [0187]; and FIGS. 6A-10 described at [0087]-[0099], the waveguides 270-310 and assembly 260 may also be considered the LOE (in view of Applicant’s FIGS. 5A-6)),
wherein the optical assembly comprising:
a light source array (LSA) comprising a plurality of broadband white light sources (FIGS. 21A-23A and [0229]-[0230] light emitters 1002a, 1002b, 1002c can be white LEDs and broadband light source 1082 can be white light LED, FIGS. 20C-D and white light source 1110 at [0212] and; FIG. 6 with image injection devices 360-400 and [0088]-[0092] );
a color filter assembly (CFA) (FIGS. 23A-E and switchable color filter 1088 and [0229]-[0231] and alternatively FIGS. 6-9B describing the DOEs out-coupling and in-coupling optical elements 570-610, 700-720 described as capable of transmissive and deflecting particular wavelengths (e.g., filtering) at [0107]-[0120]); and
a control unit (FIG. 6 and controller 560 and part of the data processing module 140 at [0092], FIGS. 20C-D and [0212]-[0215] describing various controls of the controller);
wherein the CFA comprises at least two waveguides (FIG. 6, waveguide stack assembly 260 at [0087]-[0097] and FIG. 7, waveguide 270 at [0101], FIG. 9A-9B and [0108]-[0119] waveguide stack 660, FIG. 10 at [0123]; ), which are adjacently and successively disposed (FIG. 6 illustrating the waveguide stack assembly 260 stacked and [0087]-[0097] wherein the waveguide assembly comprises waveguides 270-310), and at least three filters disposed between the waveguides and/or embedded within the waveguides (FIGS. 6-9B and out-coupling and in-coupling optical elements 570-610, 700-720 described as capable of transmissive and deflecting particular wavelengths (e.g., filtering) at [0107]-[0120], and [00212] and [0229]-[0231] FIG. 38);
wherein a first waveguide of the at least two waveguides is configured to have transmitted thereinto light generated by the LSA (FIGS. 6-9B [0090]-[0098] and FIG. 23A at [0230] and broadband light source 1082, FIGS. 20C-D and white light source 1110 at [0212] and FIGS. 21A-23A and [0229]-[0230] light emitters 1002a, 1002b, 1002c can be white LEDs);
wherein the control unit is configured to actuate light sources in the LSA ([0075] and [0090] and FIGS. 20A-C, 23A-E and [0200]-[0212] and [0217] and [0229]-[0231] describing switchable color filters with the white light source; and FIG. 32 and [0261] and FIGS. 35-38 and [0286]) according to three intensity maps, each of the intensity maps corresponding to one of the APCs (generally [0075] and FIGS. 6-9B and [0090]-[0091]; FIGS. 20A-C, 23A-E and [0200]-[0212] and [0217] and [0229]-[0231] describing switchable color filters with the white light source based on each of the colors and color filters to adjust intensities accordingly; and FIG. 32 and [0261] and FIGS. 35-38 and [0286]);
wherein the control unit is further configured to individually switch on and off each of the filters (FIGS. 6, describing switching the DOEs at [0090]-[0091] [0098]-[0099] and out-coupling and in-coupling optical elements 570-610, 700-720 describing switchable [0107]-[0120] in view of FIGS. 23A-E and [0229]-[0231] describing switchable color filters 1088a-1088c; FIG. 38) and synchronize the switching of the filters with operation of the LSA and light sources in the LSA ([0075] and [0090] and FIGS. 20A-C, 23A-E and [0200]-[0212] and [0217] and [0229]-[0231] describing switchable color filters with the white light source; and FIG. 32 and [0261] and FIGS. 35-38 and [0286]), which are actuated according to an intensity map corresponding to one of three additive primary colors (APCs) (generally [0075] and FIGS. 6-9B and [0090]-[0091]; FIGS. 20A-C, 23A-E and [0200]-[0212] and [0217] and [0229]-[0231] describing primary colors, red, green, and blue CLCs each of which are individually actuated in accordance with desired condition as described therein and capable of being structured so as to provide only one color of a specific intensity (i.e., intensity map); and FIG. 32 and [0261]) and
and wherein the optical assembly is coupled to the LOE (FIG. 6 and FIG. 38 [0188]-[0189]).
However, Cheng does not explicitly disclose wherein each of the waveguides has embedded therein at least two optical elements selected from at least one dichroic mirror, at least one beam splitting component, and/or at least one mirror
In the same field of endeavor, Macnamara discloses a wearable three-dimensional display ([0002]) wherein each of the waveguides has embedded therein at least two optical elements selected from at least one dichroic mirror, at least one beam splitting component, and/or at least one mirror (see FIGS. 3A-5A and [0040]-[0049] with mirrors 540a-540n and beam splitters 556a-556n)
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the display device structure and optical elements of Cheng to incorporate the embedded waveguide elements as disclosed by Macnamara because the references are within the same field of endeavor, namely, wearable three-dimensional display devices. The motivation to combine these references would have been to improve refocus the light at various distances for improved clarity of the drawn images (see Macnamara at least at [0040]). Therefore, a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and there would have been a reasonable expectation of success.
Regarding claim 2, Cheng in view of Macnamara discloses the method of claim 1 (see above), wherein the LSA is a light emitting diode (LED) array (Cheng [131] [0165] [0168] and [0194]-[0197]).
Regarding claim 3, Cheng in view of Macnamara discloses the optical assembly of claim 2 (see above), wherein the LED array is an inorganic micro-LED (mLED) array (see below, condition satisfied) or an organic LED (OLED) array (Cheng, [0168] and [0196]-[0197]).
Regarding claim 4, Cheng in view of Macnamara discloses the method of claim 1 (see above), wherein the at least three filters comprise at least three color filters (Cheng, [0090], [0140], [0212] and [0229]-[0230]); and wherein (i) at least one of the color filters is configured to, when switched on, filter therethrough light in a respective APC from the three APCs, and, when switched off, block all light arriving thereat (Cheng, FIGS. 23A-E and [0090] and [0229]-[0231]), and/or (ii) at least one of the color filters is configured to, when switched on, block light in a respective APC from the three APCs, and, when switched off, block all light arriving thereat (Cheng, FIGS. 23A-E and [0090] and [0229]-[0231]).
Regarding claim 10, Cheng in view of Macnamara discloses the method of claim 4 (see above), wherein at least one of the at least three color filters comprises a respective filter component and a respective shutter (Cheng at FIGS. 23A-E and [0229]-[0232]); wherein the filter component is configured to transmit light only in the corresponding APC (Cheng at FIGS. 23A-E and [0229]-[0232]); and wherein each shutter is configured to be controllably opened and closed at command from the control unit (FIGS. 6-9B and controller 560 at [0092] in view of FIGS. 23A-E and [0229]-[0232]), such that, when closed, the shutter prevents light from arriving at the respective filter component or blocks light transmitted through the respective filter component (FIGS. 23A-E and [0229]-[0232] describing single light being transmitted accordingly).
Regarding claim 11, Cheng in view of Macnamara discloses the method of claim 10, wherein the optical assembly further comprises a linear polarizer (Cheng at [0075] and [0259]), and at least one of the shutters is an LCD panel (FIG. 6 and light modulator 530 may be an LCD at [0090] and controllable shutter described at [0139]), configured to be actuated by the control unit (FIG. 6 and 560 and [0092] operation of the light modulator 530); and/or wherein at least one of the shutters is a mechanical shutter (see above, condition satisfied).
Regarding claim 12, Cheng in view of Macnamara discloses the method of claim 1 (see above), further comprising optics configured to direct light from the LSA onto the CFA (Cheng FIGS. 18D, 18G, 18J, 18M, and 18S and 18V with collimating optics 1012a, 1012b, 1012c at [0169] and [0187]), wherein the optics comprises one or more lenses configured to collimate light generated by the LSA (FIGS. 18D, 18G, 18J, 18M, and 18S and 18V with collimating optics 1012a, 1012b, 1012c at [0169] and [0187] for the illumination module 102 at [0165]).
Regarding claim 17, Cheng in view of Macnamara discloses the method of claim 1 (see above) wherein the at least three intensity maps jointly constitute a color bitmap (FIGS. 6-9B and [0090]-[0100] and FIGS. 20-23E and [0212] and [0229]-[0232], combining the various drive schemes disclosed in Cheng would produce a color bitmap of the graphical image as would be understood by one of ordinary skill).
Regarding claim 18, Cheng in view of Macnamara discloses the method of claim 1 (see above), wherein the control unit is further configured to successively actuate light sources in the LSA according to a plurality of groups of intensity maps (FIGS. 6, describing switching the DOEs at [0090]-[0091] [0098]-[0099] and out-coupling and in-coupling optical elements 570-610, 700-720 describing switchable [0107]-[0120] in view of FIGS. 23A-E and [0229]-[0231] describing switchable color filters 1088a-1088c; FIG. 38), each group of intensity maps comprising at least three intensity maps corresponding to the three APCs, such that the light output by the optical assembly corresponds to a sequence of video frames (generally [0075] and FIGS. 6-9B and [0090]-[0100]; FIGS. 20A-C, 23A-E and [0200]-[0212] and [0217] and [0229]-[0231] describing switchable color filters with the white light source based on each of the colors and color filters to adjust intensities accordingly; and FIG. 32 and [0261] and FIGS. 35-38 and [0286], putting the sequences together would create a video images at [0003]-[0011]);
Regarding claim 19, Cheng in view of Macnamara discloses the method of claim 1 (see above), wherein the CFA is further configured to allow for controllable transmission therethrough of white light (FIGS. 6, describing switching the DOEs at [0090]-[0091] [0098]-[0099] and out-coupling and in-coupling optical elements 570-610, 700-720 describing switchable [0107]-[0120] in view of FIGS. 23A-E and [0229]-[0231] describing switchable color filters 1088a-1088c; FIG. 38); and wherein the control unit is further configured to actuate light sources in the LSA according to an additional intensity maps, corresponding to white light (FIGS. 6, describing switching the DOEs at [0090]-[0091] [0098]-[0099] and out-coupling and in-coupling optical elements 570-610, 700-720 describing switchable [0107]-[0120] in view of FIGS. 23A-E and [0229]-[0231] describing switchable color filters 1088a-1088c; FIG. 38).
Allowable Subject Matter
Claims 5-9 and 13-16 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:
Claims 5-6:
Regarding claim 5, the closest prior art Cheng discloses the method of claim 4 (see above), wherein the at least three color filters comprise a first color filter (red, green or blue filter described at FIGS. 20A-23E and at [0212] and [0229]-[0231]), a second color filter (red, green or blue filter described at FIGS. 20A-23E and at [0212] and [0229]-[0231]), and a third color filter (red, green or blue filter described at FIGS. 20A-23E and at [0212] and [0229]-[0231])configured to filter therethrough light in only one of the three APCs ([0229]-[0231]), respectively;
wherein the at least one dichroic mirror comprises at least three dichroic mirrors, each of the dichroic mirrors being configured to reflect or filter light in a respective APC from the three APCs (FIGS. 6-9B and out-coupling and in-coupling optical elements 570-610, 700-720 described as capable of transmissive and deflecting particular wavelengths (e.g., filtering) at [0107]-[0120], and [0212] and [0229]-[0231] FIG. 38 and FIGS. 18A-M dichroic combiner with mirrors at [0165]-[0171]));
wherein the first, second, and third color filters are disposed between the first waveguide and the last waveguide (FIGS. 6-9B and out-coupling and in-coupling optical elements 570-610, 700-720 described as capable of transmissive and deflecting particular wavelengths (e.g., filtering) at [0107]-[0120], and [00212] and [0229]-[0231] FIG. 38); and
However, the cited prior art of record does not teach or disclose the following combination of limitations of claim 5:
wherein each of the dichroic mirrors is embedded within one of the waveguides, such that: light generated by the LSA, and incident on a dichroic mirror, embedded in the first waveguide, is either directed thereby onto a respective one of the first, second, and third color filters or onto an adjacent dichroic mirror in the first waveguide; and light filtered through any of the first, second, and third color filters, and incident on a dichroic mirror, embedded in the last waveguide, is reflected inside the second waveguide.
By virtue of its dependency, claim 6 is also objected to.
Claims 7-9:
Regarding claim 7, the closest prior art, Cheng in view of Macmanara, discloses the method of claim 1 (see above), wherein the at least two waveguides further comprise a second waveguide, which is disposed between the first waveguide and the last waveguide (see Cheng at FIGS. 6-9B and [0090]-[0099]);
wherein the at least one beam splitting component comprises a first beam splitting component, a second beam splitting component, a third beam splitting component, and a fourth beam splitting component (MacNamara at FIG. 3A with 556a-556n at [0049]); wherein the at least one mirror comprises a first mirror and a second mirror (MacNamara at FIG. 3A with 540a-540n at [0049]);
wherein the first waveguide has embedded, in a first side-portion thereof, the first beam splitting component, and, in a second side-portion thereof, the first mirror (MacNamara at FIGS. 3A-5A the beam splitting components per layer of waveguide at [0040]-[0049]); wherein the second waveguide has embedded, in a first side-portion thereof, the second beam splitting component (MacNamara at FIGS. 3A-5A the beam splitting components per layer of waveguide at [0040]-[0049]),
However, the cited prior art of record does not explicitly teach or disclose the following combination of limitations of the claim 7:
in a second side-portion thereof, the third beam splitting component; wherein the last waveguide has embedded, in a first side-portion thereof, the second mirror, and, in a second side-portion thereof, the fourth beam splitting component; wherein the first waveguide is configured to have transmitted thereinto the light generated by the LSA at the first side-portion thereof; wherein the light filtered through the CFA is output from the second side-portion of the last waveguide; and wherein each of the beam splitting components is a dichroic mirror, a diffraction grating, or a dielectric beam splitter.
By virtue of their dependency claims 8-9 are also objected to.
Claims 13-14:
Regarding claim 13, Cheng in view of Macnamara discloses the method of claim 1 (see above), wherein the at least three filters comprise a first filter, a second filter, and a third filter, wherein each filter, when switched on, is open and transmits all light incident thereon (Cheng at FIGS. 6A-9B and FIGS. 20-23E and [0090]-[0100] and [0229]-[0232]), and, when switched off, is closed and blocks all light incident thereon (Cheng at FIGS. 6A-9B and FIGS. 20-23E and [0090]-[0100] and [0229]-[0232]).
However, the cited prior art of record does not explicitly teach or disclose the following combination of limitations of the claim 13:
wherein the at least one dichroic mirror comprises at least three dichroic mirrors, each of the dichroic mirrors being configured to reflect or filter light in a respective APC from the three APCs; and wherein each of the dichroic mirrors is embedded within one of the waveguides, such that: light generated by the LSA, and incident on a dichroic mirror, embedded in the first waveguide, is either directed thereby onto a respective one of the three filters or onto an adjacent dichroic mirror in the first waveguide; and light filtered through any of the three filters and incident on a dichroic mirror, embedded in the last waveguide, is reflected inside the last waveguide.
By virtue of their dependency claim 14 is also objected to.
Claims 15-16:
Regarding claim 15, Cheng in view of Macnamara discloses the method of claim 1 (see above), wherein the at least three filters comprise a first filter, a second filter, a third filter, and a fourth filter, each filter, when switched on, is open and transmits all light incident thereon (Cheng FIGS. 6A-9B and [0082]-[0088] and [0090]-[0100]; and FIGS. 20A-23E and [0212] and [0229]-[0232]), and, when switched off, is closed and blocks all light incident thereon (Cheng FIGS. 6A-9B and [0082]-[0088] and [0090]-[0100]; and FIGS. 20A-23E and [0212] and [0229]-[0232]); wherein the at least two waveguides further comprise a second waveguide, which is disposed between the first waveguide and the last waveguide (Cheng FIGS. 6A-9B and [0088]-[0100]); wherein the at least one beam splitting component comprises a first beam splitting component, a second beam splitting component, a third beam splitting component, and a fourth beam splitting component (Macnamara at FIGS. 3A-5A and [0040]-[0049]); wherein the at least one mirror comprises a first mirror, and a second mirror (Macnamara at FIGS. 3A-5A and [0040]-[0049]); wherein the first waveguide has embedded, in a first side-portion thereof, a first beam splitting component, and, in a second side-portion thereof, a first mirror (Macnamara at FIGS. 3A-5A and [0040]-[0049]);
However, the cited prior art of record does not explicitly teach or disclose the following combination of limitations of the claim 15:
wherein the second waveguide has embedded, in a first side-portion thereof, a second beam splitting component, and, in a second side-portion thereof, a third beam splitting component; wherein the last waveguide has embedded, in a first side-portion thereof, a second mirror, and, in a second side-portion thereof, a fourth beam splitting component; wherein the first waveguide is configured to have transmitted thereinto the light generated by the LSA at the first side-portion thereof, and the light filtered through the CFA is output from the second side-portion of the last waveguide; and wherein each of the beam splitting components is a dichroic mirror or a diffraction grating.
By virtue of its dependency claim 16 is also objected to.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Komandury et al., US 20210356747 A1;
Olkkonen et al., US 20210116622 A1;
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/SARVESH J NADKARNI/Examiner, Art Unit 2621