DETAILED ACTION
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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claims 21-40 are objected to because of the following informalities: Typo "polarisation" must be corrected. It should be spelled as "polarization." Same spelling error has been made too many times. All the claims should be revised carefully. Appropriate correction is required. Appropriate correction is required.
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 and 57 of U.S. Patent No. 12,282,168. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
U.S. Patent No. 12,282,168
21. An anamorphic near-eye display apparatus comprising:
an illumination system comprising a spatial light modulator, the illumination system being arranged to output light; and
an optical system arranged to direct light from the illumination system to a viewer's eye, the optical system comprising:
a transverse anamorphic component arranged to receive light from the spatial light modulator;
an extraction waveguide arranged to receive light from the transverse anamorphic component and to guide the light to a lateral anamorphic component along the extraction waveguide in a first direction, the extraction waveguide comprising a polarization-sensitive reflector and an array of extraction features;
the lateral anamorphic component;
a light reversing reflector arranged to reflect light guided along the extraction waveguide in the first direction to form light that is guided along the extraction waveguide in a second direction opposite to the first direction; and
a polarisation conversion retarder disposed between a polarisation-sensitive reflector and the light reversing reflector, wherein the polarisation conversion retarder has a retardance of a quarter wavelength at a wavelength of visible light;
wherein the optical system is configured to provide light guided by the extraction waveguide in the first direction with an input linear polarization state before reaching the polarization sensitive reflector;
wherein the polarisation conversion retarder and the light reversing reflector are arranged in combination to rotate a 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; 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 a front guide surface and to provide exit pupil expansion in the transverse direction.
22. The anamorphic near-eye display apparatus of claim 21, wherein the polarisation-sensitive reflector comprises a reflective linear polariser.
23. The anamorphic near-eye display apparatus of claim 21, wherein the input linear polarisation state is a p-polarisation state in the extraction waveguide, or the input linear polarisation state is an s-polarisation state in the extraction waveguide.
24. The anamorphic near-eye display apparatus of claim 21, wherein the optical system further comprises an input linear polariser that is disposed between the spatial light modulator and the polarisation-sensitive reflector and is arranged to pass light having the input linear polarisation state.
25. The anamorphic near-eye display apparatus of claim 24, wherein the input linear polariser is disposed between the spatial light modulator and the extraction waveguide.
26. The anamorphic near-eye display apparatus of claim 24, wherein the input linear polariser is disposed within the extraction waveguide.
27. The anamorphic near-eye display apparatus of claim 24, wherein: the input linear polariser is disposed after the transverse anamorphic component, and the optical system further comprises a polarisation conversion retarder disposed between the transverse anamorphic component and the input linear polariser, the polarisation conversion retarder being arranged to convert a polarisation state of light passing therethrough between a linear polarisation state and a circular polarisation state.
28. The anamorphic near-eye display apparatus of claim 24, wherein the illumination system is arranged to output light that is unpolarised.
29. The anamorphic near-eye display apparatus of claim 21, wherein the illumination system is arranged to output light having the input linear polarisation state.
30. The anamorphic near-eye display apparatus of claim 21, wherein the extraction features are elongate in the lateral direction.
31. The anamorphic near-eye display apparatus of claim 21, wherein the rear guide surface comprises extraction facets that are the extraction features, each extraction facet being arranged to reflect light guided in the second direction towards an eye of a viewer through the front guide surface.
32. The anamorphic near-eye display apparatus of claim 31, wherein the extraction waveguide comprises a rear guide surface, and the rear guide surface comprises plural prisms that protrude outwardly, the prisms each comprising at least one extraction facet and at least one draft facet.
33. The anamorphic near-eye display apparatus of claim 32, wherein at least one of the prisms comprises plural draft facets, and an intermediate guide facet is arranged between each adjacent pair of the plural draft facets.
34. The anamorphic near-eye display apparatus of claim 32, wherein the prisms each further comprise a primary guide facet between the at least one extraction facet and the at least one draft facet.
35. The anamorphic near-eye display apparatus of claim 32, wherein the rear guide surface comprises guide portions between the prisms.
36. The anamorphic near-eye display apparatus of claim 21, wherein the rear guide surface comprises a surface relief grating comprising the extraction features.
37. The anamorphic near-eye display apparatus of claim 21, wherein the extraction waveguide comprises an extraction element, and the extraction element comprises an array of extraction reflectors disposed internally within the extraction waveguide.
38. The anamorphic near-eye display apparatus of claim 37, wherein the array of extraction reflectors is arranged between the polarisation-sensitive reflector and a rear light guide surface.
39. The anamorphic near-eye display apparatus of claim 37, wherein the array of extraction reflectors have reflectivities defined across their overall area that increase with increasing distance along the second direction along the extraction waveguide.
40. A head-worn display apparatus comprising an anamorphic near-eye display apparatus according to claim 21 and a head-mounting arrangement arranged to mount the anamorphic near-eye display apparatus on a head of a wearer with the anamorphic near-eye display apparatus extending across at least one eye of the wearer.
1. An anamorphic near-eye display apparatus comprising:
an illumination system comprising a spatial light modulator, the illumination system being arranged to output light; and
an optical system arranged to direct light from the illumination system to a viewer's eye, wherein the optical system has an optical axis and has anamorphic properties in a lateral direction and a transverse direction that are perpendicular to each other and perpendicular to the optical axis, wherein the spatial light modulator comprises pixels distributed in the lateral direction, and the optical system comprises:
a transverse anamorphic component having positive optical power in the transverse direction, wherein the transverse anamorphic component is arranged to receive light from the spatial light modulator and the illumination system is arranged so that light output from the transverse anamorphic component is directed in directions that are distributed in the transverse direction;
an extraction waveguide arranged to receive light from the transverse anamorphic component;
a lateral anamorphic component having positive optical power in the lateral direction, the extraction waveguide being arranged to guide light from the transverse anamorphic component to the lateral anamorphic component along the extraction waveguide in a first direction; and
a light reversing reflector that is arranged to reflect light guided along the extraction waveguide in the first direction to form light that is guided along the extraction waveguide in a second direction opposite to the first direction, wherein:
the extraction waveguide comprises: a front guide surface; a polarization-sensitive reflector opposing the front guide surface; and an extraction element disposed outside the polarization-sensitive reflector, the extraction element comprising: a rear guide surface opposing the front guide surface; and an array of extraction features;
the anamorphic near-eye display apparatus is arranged to provide light guided along the extraction waveguide in the first direction with an input linear polarization state before reaching the polarization-sensitive reflector; and
the optical system further comprises a polarization conversion retarder disposed between the polarization-sensitive reflector and the light reversing reflector, wherein the polarization conversion retarder is arranged to convert a polarization state of light passing therethrough between a linear polarization state and a circular polarization state, and
the polarization conversion retarder and the light reversing reflector are arranged in combination to rotate the input linear polarization state of the light guided in the first direction so that the light guided in the second direction and output from the polarization conversion retarder has an orthogonal linear polarization state that is orthogonal to the input linear polarization state;
the polarization-sensitive reflector is arranged to reflect light guided in the first direction having the input linear polarization state and to pass light guided in the second direction having the orthogonal linear polarization state, so that the front guide surface and the polarization-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; wherein the polarization conversion retarder has a retardance of a quarter wavelength at a wavelength of visible light.
2. An anamorphic near-eye display apparatus according to claim 1, wherein the polarization-sensitive reflector comprises a reflective linear polarizer.
3. An anamorphic near-eye display apparatus according to claim 1, wherein the input linear polarization state is a p-polarization state in the extraction waveguide, or the input linear polarization state is an s-polarization state in the extraction waveguide.
4. An anamorphic near-eye display apparatus according to claim 1, wherein the optical system further comprises an input linear polarizer that is disposed between the spatial light modulator and the polarization-sensitive reflector and is arranged to pass light having the input linear polarization state.
5. An anamorphic near-eye display apparatus according to claim 4, wherein the input linear polarizer is disposed between the spatial light modulator and the extraction waveguide.
6. An anamorphic near-eye display apparatus according to claim 4, wherein the input linear polarizer is disposed within the extraction waveguide.
7. An anamorphic near-eye display apparatus according to claim 4, wherein the input linear polarizer is disposed after the transverse anamorphic component, and the optical system further comprises a polarization conversion retarder disposed between the transverse anamorphic component and the input linear polarizer, the polarization conversion retarder being arranged to convert a polarization state of light passing therethrough between a linear polarization state and a circular polarization state.
8. An anamorphic near-eye display apparatus according to claim 4, wherein the illumination system is arranged to output light that is unpolarized.
9. An anamorphic near-eye display apparatus according to claim 1, wherein the illumination system is arranged to output light having the input linear polarization state.
10. An anamorphic near-eye display apparatus according to claim 1, wherein the extraction features are elongate in the lateral direction.
11. An anamorphic near-eye display apparatus according to claim 1, wherein the rear guide surface comprises extraction facets that are the extraction features, each extraction facet being arranged to reflect light guided in the second direction towards an eye of a viewer through the front guide surface.
12. An anamorphic near-eye display apparatus according to claim 11, wherein the rear guide surface comprises plural prisms that protrude outwardly, the prisms each comprising at least one extraction facet and at least one draft facet.
13. An anamorphic near-eye display apparatus according to claim 12, wherein at least one of the prisms comprises plural draft facets, and an intermediate guide facet arranged between each adjacent pair of the plural draft facets.
14. An anamorphic near-eye display apparatus according to claim 12, wherein the prisms each further comprise a primary guide facet between the at least one extraction facet and the at least one draft facet.
15. An anamorphic near-eye display apparatus according to claim 12, wherein the rear guide surface comprises guide portions between the prisms.
16. An anamorphic near-eye display apparatus according to claim 1, wherein the rear guide surface comprises a surface relief grating comprising the extraction features.
17. An anamorphic near-eye display apparatus according to claim 1, wherein the extraction element comprises an array of extraction reflectors disposed internally within the extraction waveguide.
18. An anamorphic near-eye display apparatus according to claim 17, wherein the array of extraction reflectors is arranged between the polarization-sensitive reflector and the rear light guide surface.
19. An anamorphic near-eye display apparatus according to claim 17, wherein the array of extraction reflectors have reflectivities defined across their overall area that increase with increasing distance along the second direction along the extraction waveguide.
57. A head-worn display apparatus comprising an anamorphic near-eye display apparatus according to claim 1 and a head-mounting arrangement arranged to mount the anamorphic near-eye display apparatus on a head of a wearer with the anamorphic near-eye display apparatus extending across at least one eye of the wearer.
The instant Application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof. Although the conflicting claims are not identical, they are not patentability distinct from each other because the instant Application claim is generic to all that is recited in the above patent claim. The more specific anticipates the broader (see In re Goodman – 29 USPQ2d 2010), also see Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2d, 189 and Miller v. Eagle Mfg. Co., 151 U.S. 186 1894). Therefore, the instant claim is anticipated by the above patent claim.
Claims 21-22 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 23 and 52-53 of copending Application No. 18211789 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
Application No. 18211789
21. An anamorphic near-eye display apparatus comprising:
an illumination system comprising a spatial light modulator, the illumination system being arranged to output light; and
an optical system arranged to direct light from the illumination system to a viewer's eye, the optical system comprising:
a transverse anamorphic component arranged to receive light from the spatial light modulator;
an extraction waveguide arranged to receive light from the transverse anamorphic component and to guide the light to a lateral anamorphic component along the extraction waveguide in a first direction, the extraction waveguide comprising a polarization-sensitive reflector and an array of extraction features;
the lateral anamorphic component;
a light reversing reflector arranged to reflect light guided along the extraction waveguide in the first direction to form light that is guided along the extraction waveguide in a second direction opposite to the first direction; and
a polarisation conversion retarder disposed between a polarisation-sensitive reflector and the light reversing reflector, wherein the polarisation conversion retarder has a retardance of a quarter wavelength at a wavelength of visible light;
wherein the optical system is configured to provide light guided by the extraction waveguide in the first direction with an input linear polarization state before reaching the polarization sensitive reflector;
wherein the polarisation conversion retarder and the light reversing reflector are arranged in combination to rotate a 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; 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 a front guide surface and to provide exit pupil expansion in the transverse direction.
22. The anamorphic near-eye display apparatus of claim 21, wherein the polarisation-sensitive reflector comprises a reflective linear polariser.
23. An anamorphic near-eye display apparatus comprising:
an illumination system comprising a spatial light modulator, the illumination system being arranged to output light; and
an optical system arranged to direct light from the illumination system to a viewer's eye, wherein the optical system has an optical axis and has anamorphic properties in a lateral direction and a transverse direction that are perpendicular to each other and perpendicular to the optical axis, … wherein the transverse anamorphic component is arranged to receive light from the spatial light modulator and the illumination system is arranged so that light output from the transverse anamorphic component is directed in directions that are distributed in the transverse direction;
an extraction waveguide arranged to receive light from the transverse anamorphic component;
a lateral anamorphic component having positive optical power in the lateral direction, the extraction waveguide being arranged to guide light from the transverse anamorphic component to the lateral anamorphic component along the extraction waveguide in a first direction; and
a light reversing reflector that is arranged to reflect light that has been guided along the extraction waveguide in the first direction so that the reflected light is guided along the extraction waveguide in a second direction opposite to the first direction, wherein …
52. An anamorphic near-eye display apparatus according to claim 23, wherein:
…
the anamorphic near-eye display apparatus 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 optical system 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 pass light guided in the second direction having the orthogonal linear polarisation state, … 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.
53. An anamorphic near-eye display apparatus according to claim 52, wherein the polarisation-sensitive reflector comprises a reflective linear polariser.
The instant Application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof. Although the conflicting claims are not identical, they are not patentability distinct from each other because the instant Application claim is generic to all that is recited in the above patent claim. The more specific anticipates the broader (see In re Goodman – 29 USPQ2d 2010), also see Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2d, 189 and Miller v. Eagle Mfg. Co., 151 U.S. 186 1894). Therefore, the instant claim is anticipated by the above patent claim.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
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/AFROZA CHOWDHURY/Primary Examiner, Art Unit 2628
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