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 .
Response to Arguments
Applicant argues that the combination of Furuya and Atkinson is improper because the Office’s stated motivation to combine would render Furuya inoperable for its intended purpose. Examiner respectfully disagrees.
The purpose of Furuya is to generate a head-up display that can display an image overlaid on the real-world view through the windshield. To this end, Furuya teaches that color ratios may be adjusted to improve visibility, including by increasing contrast. However, the goal of increasing visibility does not conflict with determining and adjusting color attributes as taught by Atkinson.
The purpose and effect of Atkinson is not to decrease visibility (and thereby frustrate the purpose of Furuya) but to improve blending between the display objects and the ambient background. This can include choosing colors that do not clash because of a mismatch between the display white point and the ambient white point. By calibrating the display using the detected white point as taught in Atkinson, the display can be made more pleasing to the eye and not jarring (i.e. made more seamlessly blended) without sacrificing visibility.
It can also be useful to know the color composition of the scene in order to customize the display colors to achieve the best visibility of displayed objects. For example, knowing the ambient white point allows display calibration to ensure that the color gamut/palette of the display matches the ambient scene. If the background is blue (sky), the display color can be selected to contrast with that shade of blue. Or if lane markings are to be displayed on the HUD, their color can be accurately selected to match the actual lane stripes to make them appear more realistic.
Atkinson therefore does not frustrate the purpose of Furuya, but improves the operation of Furuya by facilitating seamless blending. One of ordinary skill would have recognized this and could have readily combined the references without sacrificing the visibility goal of Furuya. Therefore, the combination is proper and the rejections are maintained.
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 1-9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Furuya et al., US 2017/0201068 in view of Atkinson, US 2023/0177874.
Claim 1. Furuya teaches a method for adjusting a color ratio of a laser light, the method comprising:
emitting, by a laser module, laser light having an adjustable color ratio [RBG laser(s), Fig. 1C, 8, 9, paras. 47-49, 61, 83; also see paras. 92-96 discussing color ratios in the context of ambient temperature]; and
detecting a light intensity of an ambient or scene light [external light intensity monitor, paras. 81-91], wherein the color ratio of the laser light is determined depending on the light composition [color (which can be represented by an R:G:B ratio) is adjusted based on external light measurement, Figs. 1C, 8, 9, paras. 47-49, 61, 81-91].
Furuya is silent on sensing ambient light composition. Atkinson teaches detecting a composition of ambient light [paras. 13, 15, 29, 48, 51-53, 60].
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine the references, using colorimeter to measure the ambient white point so the display white point can be adjusted so that displayed objects blend visually more seamlessly with real objects (e.g. in augmented reality), improving the overall realism [see Atkinson, para. 53].
2. Furuya teaches the method according to claim 1, wherein the color ratio is generated by a composition of light generated by at least two differently colored color laser diodes arranged in the laser module, the composition being determined depending on the light intensity [Fig. 1C, 8, 9, paras. 47-49, 61, 83-91].
Atkinson teaches detecting a composition of ambient light [paras. 13, 15, 29, 48, 51-53, 60].
3. Furuya teaches the method according to claim 2, wherein correction data for the composition are provided depending on the light detection, the composition being adjusted depending on the correction data [the group (composition) of laser diodes is adjusted, i.e. corrected based on external light measurement, Figs. 1C, 8, 9, paras. 47-49, 61, 81-91].
Atkinson teaches detecting a composition of ambient light [paras. 13, 15, 29, 48, 51-53, 60].
4. Furuya is silent on matching a white point. Atkinson teaches a method wherein: the correction data achieving a match of a white point of a display with a white point of the environment are provided, [white points of display and ambient environment are matched, paras. 51-53] or the correction data achieving a deviation of the white point of the display from the white point of the environment are provided.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine the references, matching the white point so that displayed objects blend visually more seamlessly with real objects (e.g. in augmented reality), improving the overall realism [see Atkinson, para. 53].
5. Furuya teaches the method according to claim 1, wherein an image or an image content is generated using the laser light [e.g. Figs. 1A, 1B, paras. 44-48].
6. Furuya teaches an optical device, comprising:
a laser module [RBG laser(s), Fig. 1C, 8, 9, paras. 47-49, 61, 83];
a sensor configured to detect a light intensity of an ambient light or scene light [external light intensity monitor, paras. 81-91], and
a computing device; wherein the laser module is configured to emit laser light having an adjustable color ratio [RBG laser(s), Fig. 1C, 8, 9, paras. 47-49, 61, 83; also see paras. 92-96 discussing color ratios in the context of ambient temperature], the computing device configured to determine the color ratio of the laser light depending on the light intensity [color (which can be represented by an R:G:B ratio) is adjusted based on external light measurement, Figs. 1C, 8, 9, paras. 47-49, 61, 81-91].
Furuya is silent on the sensor including a colorimeter specifically. Atkinson teaches a colorimeter (i.e. a color sensor) to sense ambient light composition [paras. 13, 15, 29, 48, 51-53, 60].
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine the references, using colorimeter to measure the ambient white point so the display white point can be adjusted so that displayed objects blend visually more seamlessly with real objects (e.g. in augmented reality), improving the overall realism [see Atkinson, para. 53].
7. Furuya teaches the optical device according to claim 6, wherein the laser module including at least two differently colored color laser diodes, the optical device being configured to generate the color ratio by a composition of light generated by the at least two color laser diodes, and the computing device being configured to determine the composition of the light generated by the at least two color laser diodes depending on the ambient light [Fig. 1C, 8, 9, paras. 47-49, 61, 83-91].
Atkinson teaches detecting a composition of ambient light and adjusting lasers on that basis [paras. 13, 15, 29, 48, 51-53, 60].
8. Furuya teaches the optical device according to claim 7, wherein the computing device is configured to provide the correction data for the composition depending on the light intensity, the optical device including a driver for the laser module [driver 802, paras. 80, 84], which driver is configured to adjust the composition of the light generated by the at least two color laser diodes depending on the correction data [the group (composition) of laser diodes is adjusted, i.e. corrected based on external light measurement, Figs. 1A-1C, 8, 9, paras. 47-49, 61, 81-91].
Atkinson teaches detecting a composition of ambient light and adjusting lasers on that basis [paras. 13, 15, 29, 48, 51-53, 60].
9. Furuya teaches the optical device according to claim 6, wherein the optical device is configured to generate an image or an image content using the laser light [Figs. 1C, 8, 9, paras. 44-49, 61, 81-91].
12. Furuya teaches the optical device according to claim 1, wherein the optical device is part of a head-up display for a vehicle [Figs. 1A, 1B, paras. 45-48] or an aircraft.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Furuya and Atkinson as cited above in view of Armstrong-Muntner et al., US 2019/0101977 (“Armstrong”).
10. Furuya teaches an optical device including:
a laser module [RBG laser(s), Fig. 1C, 8, 9, paras. 47-49, 61, 83],
a sensor configured to detect a light composition of an ambient light or scene light [external light intensity monitor, paras. 81-91],
a computing device wherein the laser module is configured to emit laser light having an adjustable color ratio [RBG laser(s), Fig. 1C, 8, 9, paras. 47-49, 61, 83; also see paras. 92-96 discussing color ratios in the context of ambient temperature], the computing device configured to determine the color ratio of the laser light depending on the light composition [color (which can be represented by an R:G:B ratio) is adjusted based on external light measurement, Figs. 1C, 8, 9, paras. 47-49, 61, 81-91].
Furuya is silent on a sensor including a colorimeter specifically. Atkinson teaches a colorimeter (i.e. a color sensor) [paras. 13, 15, 29, 48, 51-53, 60].
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to combine the references, using colorimeter to measure the ambient white point so the display white point can be adjusted so that displayed objects blend visually more seamlessly with real objects (e.g. in augmented reality), improving the overall realism [see Atkinson, para. 53].
The above references are silent on glasses. Armstrong teaches a wearable glasses (e.g. VR glasses) system that measures ambient light color to adjust white point [Figs. 2, 3, paras. 27-29, 39, 63].
Before the effective filing date of the claimed invention, it would have been obvious to one skilled in the art to implement Furuya’s optical system in a pair of VR glasses, which can then be worn and used in multiple vehicles or outside a vehicle. A user of glasses would still benefit from the white-point matching when the color of displayed objects match with the ambient colors, thereby improving the realism of the display.
11. Armstrong teaches the optical device according to claim 1, wherein the optical device is part of an optical instrument including binoculars [binocular HMD, Figs. 2, 3, para. 28], or a telescope, or a microscope, or a periscope, or a device for ophthalmic examinations.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Timothy R Newlin whose telephone number is (571)270-3015. The examiner can normally be reached M-F 8-5 Mountain Time.
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/TIMOTHY R NEWLIN/ Examiner, Art Unit 2424
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