DETAILED ACTION
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-11, 13-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,019,249. Although the claims at issue are not identical, they are not patentably distinct from each other because all the features of the claims of the instant application are known from the ‘249 patent. The ‘249 patent is written in a narrower fashion and therefore essentially represents a species of the instant application. However, a species always anticipates a genus. (See table below)
Claims 12 and 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,019,249 in view of Gao et al. US 2018/0275409. (See table below)
In regards to claim 12, Gao teaches in paragraph [0095] teaches the coupling optical elements 1178a, 1188a may comprise diffractive features forming a diffraction patter (e.g., a DOE). It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified ‘249 in view of Gao to have included the features of “wherein the light redirecting arrangement includes a diffractive element associated with at least a portion of one of the major surfaces of the light-transmitting substrate” because the human visual perception system is complex, it is challenging to produce an AR technology that facilitates a comfortable, natural-feeling, rich presentation of virtual image elements amongst other virtual or real-world imagery elements (Gao [0004]).
In regards to claim 19, Gao teaches in paragraph [0037] teaches the substrate can comprise a reflective coupling optical element, which reflects IR light while transmitting visible light. In effect, the imaging system acts as if there were a virtual camera assembly directed back toward the wearer's eye. Thus, virtual camera assembly can image virtual IR light propagated from the wearer's eye through the substrate, while visible light from the outside world can be transmitted through the substrate and can be perceived by the wearer. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified ‘249 in view of Gao to have included the features of “wherein the light redirecting arrangement transmits light having wavelengths in the visible light region of the electromagnetic spectrum and reflects light having wavelengths outside of the visible light region of the electromagnetic spectrum” because the human visual perception system is complex, it is challenging to produce an AR technology that facilitates a comfortable, natural-feeling, rich presentation of virtual image elements amongst other virtual or real-world imagery elements (Gao [0004]).
Claim No.
Instant Application 19/267,752
US patent 12,019,249
1
An optical system, comprising: a light-transmitting substrate having at least two major surfaces deployed with a first of the major surfaces in facing relation to an eye of a viewer;
an optical sensor deployed for sensing light;
a light redirecting arrangement associated with the light-transmitting substrate configured to deflect light from the eye toward the optical sensor such that the deflected light that reaches the optical sensor is unguided by the light- transmitting substrate,
and wherein the deflecting of light by the light redirecting arrangement occurs at the light-transmitting substrate;
and at least one processor electrically coupled to the optical sensor and configured to process signals from the optical sensor to derive a current gaze direction of the eye.
Claim 1 lines 1-4
Claim 1 line 16
Claim 1 lines 17-24
Claim 1 lines 24-26
Claim 1 lines 27-31
2
further comprising: an illumination arrangement deployed to illuminate the eye with light such that the eye reflects a proportion of the light from the illumination arrangement as reflected light, wherein the reflected light corresponds to the Light from the eye that is deflected by the light redirecting arrangement.
Claim 2
3
wherein the illumination arrangement includes at least a first source of light and a second source of light, wherein the first source of light is configured to produce light having wavelengths in a given first range of wavelengths, and wherein the second source of light is configured to produce light having wavelengths in a given second range of wavelengths, the given first range of wavelengths and given second range of wavelengths being non-overlapping ranges.
Claim 3
4
wherein the light redirecting arrangement includes at least one partially reflective surface located within the light-transmitting substrate.
Claim 1 line 21
5
wherein the two major surfaces of the light- transmitting substrate are mutually parallel, and wherein the at least one partially reflective surface is a flat surface that is at an oblique angle to the two major surfaces.
Claim 1 lines 9-13
6
wherein the light-transmitting substrate is configured to guide light, corresponding to an image collimated to infinity, by internal reflection between the two major surfaces of the light-transmitting substrate, and the optical system further comprising: a second at least one partially reflective surface located within the light- transmitting substrate for coupling the light, guided by internal reflection between the two major surfaces, out of the light-transmitting substrate to the eye of the viewer.
Claim 1 lines 5-16
7
wherein the second at least one partially reflective surface is a flat surface at an oblique angle to the two major surfaces.
Claim 1 lines 9-13
8
wherein the at least one partially reflective surface and the second at least one partially reflective surface are parallel to each other.
Claim 4
9
wherein the at least one partially reflective surface and the second at least one partially reflective surface are non-parallel to each other
Claim 5
10
wherein the at least one partially reflective surface is deployed in non-overlapping relation to the second at least one partially reflective surface.
Claim 6
11
wherein the at least one partially reflective surface is deployed in overlapping relation to the second at least one partially reflective surface.
Claim 7
12
wherein the light redirecting arrangement includes a diffractive element associated with at least a portion of one of the major surfaces of the light-transmitting substrate
Gao paragraph [0095] teaches the coupling optical elements 1178a, 1188a may comprise diffractive features forming a diffraction patter (e.g., a DOE).
13
wherein the light redirecting arrangement includes a selectively reflective surface associated with at least a portion of one of the major surfaces of the light-transmitting substrate.
Claim 13
14
wherein the light redirecting arrangement deflects a first set of light rays from the eye through an imaging lens toward the optical sensor so as to form a first image of at least a portion of the eye, and wherein the optical system further comprises: a second light redirecting arrangement configured to deflect a second set of light rays from the eye through the imaging lens toward the optical sensor so as to form a second image of at least a portion of the eye.
Claim 8
15
wherein the light-transmitting substrate is configured to guide light, corresponding to an image collimated to infinity, by internal reflection between the two major surfaces of the light-transmitting substrate, the optical system further comprising: an optical coupling-out configuration for coupling the light, guided by internal reflection between the two major surfaces, out of the light-transmitting substrate.
Claim 1 lines 1-13
16
wherein the optical coupling-out configuration is deployed in non-overlapping relation to the light redirecting arrangement.
Claim 6
17
wherein the optical coupling-out configuration is deployed in overlapping relation to the light redirecting arrangement.
Claim 7
18
further comprising: at least one imaging optical element deployed in an optical path from the light redirecting arrangement to the optical sensor for forming at least one image of at least a portion of the eye on the optical sensor.
Claim 9
19
An optical system, comprising: an optical sensor deployed for sensing light;
a light redirecting arrangement associated with a light-transmitting substrate having at least two major surfaces deployed with a first of the major surfaces in facing relation to an eye of a viewer,
the light redirecting arrangement configured to deflect light from the eye toward the optical sensor such that the deflected light that reaches the optical sensor is unguided by the light-transmitting substrate,
and wherein the deflecting of light by the light redirecting arrangement occurs at the light-transmitting substrate;
and at least one processor electrically coupled to the optical sensor and configured to process signals from the optical sensor to derive a current gaze direction of the eye.
Claim 1 line 1, line 16
Claim 1 lines 1-4, line 17
Claim 1 lines 17-24
Claim 1 lines 24-26
Claim 1 lines 17-21
20
An optical system, comprising: a light-transmitting substrate having at least two major surfaces deployed with a first of the major surfaces in facing relation to an eye of a viewer;
an optical sensor;
a light redirecting arrangement associated with the light-transmitting substrate configured to deflect light from the eye toward the optical sensor such that the deflected light that reaches the optical sensor is unguided by the light- transmitting substrate,
and wherein the deflecting of light by the light redirecting arrangement occurs at the light-transmitting substrate,
wherein the light redirecting arrangement transmits light having wavelengths in the visible light region of the electromagnetic spectrum and reflects light having wavelengths outside of the visible light region of the electromagnetic spectrum;
and at least one processor electrically coupled to the optical sensor and configured to process signals from the optical sensor to derive a current gaze direction of the eye.
Claim 1 lines 1-4
Claim 1 line 16
Claim 1 lines 17-24
Claim 1 lines 24-26
Gao paragraph [0037] teaches the substrate can comprise a reflective coupling optical element, which reflects IR light while transmitting visible light. In effect, the imaging system acts as if there were a virtual camera assembly directed back toward the wearer's eye. Thus, virtual camera assembly can image virtual IR light propagated from the wearer's eye through the substrate, while visible light from the outside world can be transmitted through the substrate and can be perceived by the wearer.
Claim 1 lines 27-31
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.
Claim(s) 1-2, 12-13 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gao et al. US 2018/0275409 hereinafter referred to as Gao.
In regards to claim 1, Gao teaches:
“An optical system, comprising: a light-transmitting substrate having at least two major surfaces deployed with a first of the major surfaces in facing relation to an eye of a viewer”
Gao teaches an in paragraph [0086] and Figures 10A-B an imaging system 1000a configured to image one or both eyes 210, 220 of a wearer 90. Gao paragraph [0094] teaches the substrate 1070 includes two coupling optical elements 1178a, 1188a, each disposed adjacent to the distal and proximal surfaces 1076, 1074 of the substrate 1070. From Figures 10A-B it is illustrated that the major surfaces, distal and proximal surfaces 1076, 1074, face the eye of a viewer.
“an optical sensor deployed for sensing light”
Gao Figure 10A and paragraph [0090] teach reflected IR light 1010b, 1012b, 1014b which can be imaged by the camera assembly 1030.
“a light redirecting arrangement associated with the light-transmitting substrate configured to deflect light from the eye toward the optical sensor such that the deflected light that reaches the optical sensor is unguided by the light-transmitting substrate, and wherein the deflecting of light by the light redirecting arrangement occurs at the light-transmitting substrate”
Gao Figure 10A and paragraph [0090] teach The coupling optical elements 1078 can comprise a reflective optical element configured to reflect or redirect light of a first range of wavelengths (e.g., IR light) while transmitting light of a second range of wavelengths (e.g., visible light). In such embodiments, IR light 1010a, 1012a, and 1014a from the eye 220 propagates to and reflects from the coupling optical elements 1078, resulting in reflected IR light 1010b, 1012b, 1014b which can be imaged by the camera assembly 1030. From Figure 10A it is clear that optical coupling element 1078 is located at the surface of the substrate.
“and at least one processor electrically coupled to the optical sensor and configured to process signals from the optical sensor to derive a current gaze direction of the eye”
Gao paragraph [0063] teaches in some embodiments, the camera assembly 630 may be attached to the frame 80 (FIG. 2) and may be in electrical communication with the processing modules 140 or 150, which may process image information from the camera assembly 630 to make various determinations regarding, e.g., the physiological state of the user, the gaze direction of the wearer, iris identification.
In regards to claim 2, Gao teaches all the limitations of claim 1 and further teaches:
“further comprising: an illumination arrangement deployed to illuminate the eye with light such that the eye reflects a proportion of the light from the illumination arrangement as reflected light, wherein the reflected light corresponds to the light from the eye that is deflected by the light redirecting arrangement”
Gao paragraph [0088] teaches the camera assembly 1030 may include an image capture device and a light source 1032 to project light to the eye 220, which may then be reflected by the eye 220 and detected by the camera assembly 1030.
In regards to claim 12, Gao teaches all the limitations of claim 1 and further teaches:
“wherein the light redirecting arrangement includes a diffractive element associated with at least a portion of one of the major surfaces of the light-transmitting substrate”
Gao paragraph [0095] teaches the coupling optical elements 1178a, 1188a may comprise diffractive features forming a diffraction patter (e.g., a DOE).
In regards to claim 13, Gao teaches all the limitations of claim 1 and further teaches:
“wherein the light redirecting arrangement includes a selectively reflective surface associated with at least a portion of one of the major surfaces of the light-transmitting substrate”
Gao paragraph [0095] teaches FIG. 11 illustrates the imaging system 1000b where both coupling optical elements 1178a, 1188a are reflective coupling optical elements that are wavelength selective, such that they selectively redirect one or more wavelengths of light, while transmitting other wavelengths of light, as described above in connection to FIG. 10A.
In regards to claim 18, Gao teaches all the limitations of claim 1 and further teaches:
“further comprising: at least one imaging optical element deployed in an optical path from the light redirecting arrangement to the optical sensor for forming at least one image of at least a portion of the eye on the optical sensor”
Gao Figure 10A, inter alia, teaches camera assembly 1030.
In regards to claim 19, Gao teaches:
“An optical system, comprising: an optical sensor deployed for sensing light”
Gao Figure 10A and paragraph [0090] teach reflected IR light 1010b, 1012b, 1014b which can be imaged by the camera assembly 1030.
“a light redirecting arrangement associated with a light-transmitting substrate having at least two major surfaces deployed with a first of the major surfaces in facing relation to an eye of a viewer”
Gao teaches an in paragraph [0086] and Figures 10A-B an imaging system 1000a configured to image one or both eyes 210, 220 of a wearer 90. Gao paragraph [0094] teaches the substrate 1070 includes two coupling optical elements 1178a, 1188a, each disposed adjacent to the distal and proximal surfaces 1076, 1074 of the substrate 1070. From Figures 10A-B it is illustrated that the major surfaces, distal and proximal surfaces 1076, 1074, face the eye of a viewer.
“the light redirecting arrangement configured to deflect light from the eye toward the optical sensor such that the deflected light that reaches the optical sensor is unguided by the light-transmitting substrate, and wherein the deflecting of light by the light redirecting arrangement occurs at the light- transmitting substrate”
Gao Figure 10A and paragraph [0090] teach The coupling optical elements 1078 can comprise a reflective optical element configured to reflect or redirect light of a first range of wavelengths (e.g., IR light) while transmitting light of a second range of wavelengths (e.g., visible light). In such embodiments, IR light 1010a, 1012a, and 1014a from the eye 220 propagates to and reflects from the coupling optical elements 1078, resulting in reflected IR light 1010b, 1012b, 1014b which can be imaged by the camera assembly 1030. From Figure 10A it is clear that optical coupling element 1078 is located at the surface of the substrate.
“and at least one processor electrically coupled to the optical sensor and configured to process signals from the optical sensor to derive a current gaze direction of the eye”
Gao paragraph [0063] teaches in some embodiments, the camera assembly 630 may be attached to the frame 80 (FIG. 2) and may be in electrical communication with the processing modules 140 or 150, which may process image information from the camera assembly 630 to make various determinations regarding, e.g., the physiological state of the user, the gaze direction of the wearer, iris identification.
In regards to claim 20, Gao teaches:
“An optical system, comprising: a light-transmitting substrate having at least two major surfaces deployed with a first of the major surfaces in facing relation to an eye of a viewer”
Gao teaches an in paragraph [0086] and Figures 10A-B an imaging system 1000a configured to image one or both eyes 210, 220 of a wearer 90. Gao paragraph [0094] teaches the substrate 1070 includes two coupling optical elements 1178a, 1188a, each disposed adjacent to the distal and proximal surfaces 1076, 1074 of the substrate 1070. From Figures 10A-B it is illustrated that the major surfaces, distal and proximal surfaces 1076, 1074, face the eye of a viewer.
“an optical sensor”
Gao Figure 10A and paragraph [0090] teach reflected IR light 1010b, 1012b, 1014b which can be imaged by the camera assembly 1030.
“a light redirecting arrangement associated with the light-transmitting substrate configured to deflect light from the eye toward the optical sensor such that the deflected light that reaches the optical sensor is unguided by the light- transmitting substrate, and wherein the deflecting of light by the light redirecting arrangement occurs at the light-transmitting substrate”
Gao Figure 10A and paragraph [0090] teach The coupling optical elements 1078 can comprise a reflective optical element configured to reflect or redirect light of a first range of wavelengths (e.g., IR light) while transmitting light of a second range of wavelengths (e.g., visible light). In such embodiments, IR light 1010a, 1012a, and 1014a from the eye 220 propagates to and reflects from the coupling optical elements 1078, resulting in reflected IR light 1010b, 1012b, 1014b which can be imaged by the camera assembly 1030. From Figure 10A it is clear that optical coupling element 1078 is located at the surface of the substrate.
“wherein the light redirecting arrangement transmits light having wavelengths in the visible light region of the electromagnetic spectrum and reflects light having wavelengths outside of the visible light region of the electromagnetic spectrum”
Gao paragraph [0037] teaches the substrate can comprise a reflective coupling optical element, which reflects IR light while transmitting visible light. In effect, the imaging system acts as if there were a virtual camera assembly directed back toward the wearer's eye. Thus, virtual camera assembly can image virtual IR light propagated from the wearer's eye through the substrate, while visible light from the outside world can be transmitted through the substrate and can be perceived by the wearer.
“and at least one processor electrically coupled to the optical sensor and configured to process signals from the optical sensor to derive a current gaze direction of the eye”
Gao paragraph [0063] teaches in some embodiments, the camera assembly 630 may be attached to the frame 80 (FIG. 2) and may be in electrical communication with the processing modules 140 or 150, which may process image information from the camera assembly 630 to make various determinations regarding, e.g., the physiological state of the user, the gaze direction of the wearer, iris identification.
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.
Claim(s) 3-11, and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao in view of Lamb et al. US 2014/0198017 hereinafter referred to as Lamb.
In regards to claim 3, Gao teaches all the limitations of claim 1 but does not explicitly teach:
“wherein the illumination arrangement includes at least a first source of light and a second source of light, wherein the first source of light is configured to produce light having wavelengths in a given first range of wavelengths, and wherein the second source of light is configured to produce light having wavelengths in a given second range of wavelengths, the given first range of wavelengths and given second range of wavelengths being non- overlapping ranges”
Lamb [0068] teaches in addition to the at least 2 infra-red (IR) illuminators 153 are IR photodetectors 152. Each photodetector 152 is sensitive to IR radiation within the particular wavelength range of its corresponding IR illuminator 153 across the lens 118 and is positioned to detect a respective glint. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the illumination arrangement includes at least a first source of light and a second source of light, wherein the first source of light is configured to produce light having wavelengths in a given first range of wavelengths, and wherein the second source of light is configured to produce light having wavelengths in a given second range of wavelengths, the given first range of wavelengths and given second range of wavelengths being non- overlapping ranges” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
In regards to claim 4, Gao teaches all the limitations of claim 1 but does not explicitly teach:
“wherein the light redirecting arrangement includes at least one partially reflective surface located within the light- transmitting substrate”
Lamb Figures 5C-D teaches reflecting element 124 and selectively reflecting surfaces 126. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the light redirecting arrangement includes at least one partially reflective surface located within the light- transmitting substrate” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
In regards to claim 5, Gao teaches all the limitations of claim 7 but does not explicitly teach:
“wherein the two major surfaces of the light-transmitting substrate are mutually parallel, and wherein the at least one partially reflective surface is a flat surface that is at an oblique angle to the two major surfaces”
Lamb Figures 5C-D illustrate a lightguide 112 which contains reflecting surfaces 124 and 126 which are at oblique angle to the parallel major surfaces. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the two major surfaces of the light-transmitting substrate are mutually parallel, and wherein the at least one partially reflective surface is a flat surface that is at an oblique angle to the two major surfaces” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
In regards to claim 6, Gao teaches all the limitations of claim 7 but does not explicitly teach:
“wherein the light-transmitting substrate is configured to guide light, corresponding to an image collimated to infinity, by internal reflection between the two major surfaces of the light-transmitting substrate, and the optical system further comprising: a second at least one partially reflective surface located within the light- transmitting substrate for coupling the light, guided by internal reflection between the two major surfaces, out of the light-transmitting substrate to the eye of the viewer”
Lamb paragraph [0073] teaches Lightguide optical element 112 includes a first reflecting element 124 (e.g., a mirror or other surface). Light from microdisplay 120 passes through lens system 122 and becomes incident on reflecting element 124. The reflecting element 124 reflects the incident light from the microdisplay 120 such that light is trapped inside a planar, substrate comprising lightguide optical element 112 by internal reflection. Lamb paragraph [0074] teaches after several reflections off the surfaces of the substrate, the trapped light waves reach an array of selectively reflecting surfaces 126. Note that only one of the five surfaces 126 to prevent over-crowding of the drawing. Reflecting surfaces 126 couple the light waves incident upon those reflecting surfaces out of the substrate into the eye of the wearer. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the light-transmitting substrate is configured to guide light, corresponding to an image collimated to infinity, by internal reflection between the two major surfaces of the light-transmitting substrate, and the optical system further comprising: a second at least one partially reflective surface located within the light- transmitting substrate for coupling the light, guided by internal reflection between the two major surfaces, out of the light-transmitting substrate to the eye of the viewer” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
In regards to claim 7, Gao teaches all the limitations of claim 9 but does not explicitly teach:
“wherein the second at least one partially reflective surface is a flat surface at an oblique angle to the two major surfaces”
Lamb Figures 5C-D, inter alia, teach reflecting surfaces 126 which lie at an oblique angle to the major surfaces. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the second at least one partially reflective surface is a flat surface at an oblique angle to the two major surfaces” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
In regards to claim 8, Gao teaches all the limitations of claim 9 but does not explicitly teach:
“wherein the at least one partially reflective surface and the second at least one partially reflective surface are parallel to each other”
Lamb Figures 5C-D, inter alia, teach reflecting surfaces 126 which are parallel with each other. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the at least one partially reflective surface and the second at least one partially reflective surface are parallel to each other” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
In regards to claim 9, Gao teaches all the limitations of claim 9 but does not explicitly teach:
“wherein the at least one partially reflective surface and the second at least one partially reflective surface are non-parallel to each other”
Lamb Figures 5C-D, inter alia, teach reflecting surfaces 126 are non-parallel to reflecting element 124. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the at least one partially reflective surface and the second at least one partially reflective surface are non-parallel to each other” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
In regards to claim 10, Gao teaches all the limitations of claim 9 but does not explicitly teach:
“wherein the at least one partially reflective surface is deployed in non-overlapping relation to the second at least one partially reflective surface”
Lamb paragraph [0049] teaches in some examples, sensor may be a combination of an RGB and an IR camera, and the light directing elements may include a visible light reflecting or diverting element and an IR radiation reflecting or diverting element. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the at least one partially reflective surface is deployed in non-overlapping relation to the second at least one partially reflective surface” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
In regards to claim 11, Gao teaches all the limitations of claim 6 but does not explicitly teach:
“wherein the at least one partially reflective surface is deployed in overlapping relation to the second at least one partially reflective surface”
Lamb paragraph [0073] teaches Lightguide optical element 112 includes a first reflecting element 124 (e.g., a mirror or other surface). Light from microdisplay 120 passes through lens system 122 and becomes incident on reflecting element 124. The reflecting element 124 reflects the incident light from the microdisplay 120 such that light is trapped inside a planar, substrate comprising lightguide optical element 112 by internal reflection. Lamb paragraph [0074] teaches after several reflections off the surfaces of the substrate, the trapped light waves reach an array of selectively reflecting surfaces 126. Note that only one of the five surfaces 126 to prevent over-crowding of the drawing. Reflecting surfaces 126 couple the light waves incident upon those reflecting surfaces out of the substrate into the eye of the wearer. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the at least one partially reflective surface is deployed in overlapping relation to the second at least one partially reflective surface” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
In regards to claim 14, Gao teaches all the limitations of claim 1 but does not explicitly teach:
“wherein the light redirecting arrangement deflects a first set of light rays from the eye through an imaging lens toward the optical sensor so as to form a first image of at least a portion of the eye, and wherein the optical system further comprises: a second light redirecting arrangement configured to deflect a second set of light rays from the eye through the imaging lens toward the optical sensor so as to form a second image of at least a portion of the eye”
Lamb paragraph [0073] teaches Lightguide optical element 112 includes a first reflecting element 124 (e.g., a mirror or other surface). Light from microdisplay 120 passes through lens system 122 and becomes incident on reflecting element 124. The reflecting element 124 reflects the incident light from the microdisplay 120 such that light is trapped inside a planar, substrate comprising lightguide optical element 112 by internal reflection. Lamb paragraph [0074] teaches after several reflections off the surfaces of the substrate, the trapped light waves reach an array of selectively reflecting surfaces 126. Note that only one of the five surfaces 126 to prevent over-crowding of the drawing. Reflecting surfaces 126 couple the light waves incident upon those reflecting surfaces out of the substrate into the eye of the wearer. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the light redirecting arrangement deflects a first set of light rays from the eye through an imaging lens toward the optical sensor so as to form a first image of at least a portion of the eye, and wherein the optical system further comprises: a second light redirecting arrangement configured to deflect a second set of light rays from the eye through the imaging lens toward the optical sensor so as to form a second image of at least a portion of the eye” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
In regards to claim 15, Gao teaches all the limitations of claim 1 but does not explicitly teach:
“wherein the light-transmitting substrate is configured to guide light, corresponding to an image collimated to infinity, by internal reflection between the two major surfaces of the light-transmitting substrate, the optical system further comprising: an optical coupling-out configuration for coupling the light, guided by internal reflection between the two major surfaces, out of the light-transmitting substrate”
Lamb paragraph [0073] teaches Lightguide optical element 112 includes a first reflecting element 124 (e.g., a mirror or other surface). Light from microdisplay 120 passes through lens system 122 and becomes incident on reflecting element 124. The reflecting element 124 reflects the incident light from the microdisplay 120 such that light is trapped inside a planar, substrate comprising lightguide optical element 112 by internal reflection. Lamb paragraph [0074] teaches after several reflections off the surfaces of the substrate, the trapped light waves reach an array of selectively reflecting surfaces 126. Note that only one of the five surfaces 126 to prevent over-crowding of the drawing. Reflecting surfaces 126 couple the light waves incident upon those reflecting surfaces out of the substrate into the eye of the wearer. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the light-transmitting substrate is configured to guide light, corresponding to an image collimated to infinity, by internal reflection between the two major surfaces of the light-transmitting substrate, and the optical system further comprising: a second at least one partially reflective surface located within the light- transmitting substrate for coupling the light, guided by internal reflection between the two major surfaces, out of the light-transmitting substrate to the eye of the viewer” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
In regards to claim 16, Gao/Lamb teaches all the limitations of claim 15 and further teach:
“wherein the optical coupling-out configuration is deployed in non-overlapping relation to the light redirecting arrangement”
Lamb paragraph [0073] teaches Lightguide optical element 112 includes a first reflecting element 124 (e.g., a mirror or other surface). Light from microdisplay 120 passes through lens system 122 and becomes incident on reflecting element 124. The reflecting element 124 reflects the incident light from the microdisplay 120 such that light is trapped inside a planar, substrate comprising lightguide optical element 112 by internal reflection. Lamb paragraph [0074] teaches after several reflections off the surfaces of the substrate, the trapped light waves reach an array of selectively reflecting surfaces 126. Note that only one of the five surfaces 126 to prevent over-crowding of the drawing. Reflecting surfaces 126 couple the light waves incident upon those reflecting surfaces out of the substrate into the eye of the wearer. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the optical coupling-out configuration is deployed in non-overlapping relation to the light redirecting arrangement” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
In regards to claim 17, Gao/Lamb teaches all the limitations of claim 15 and further teach:
“wherein the optical coupling-out configuration is deployed in overlapping relation to the light redirecting arrangement”
Lamb paragraph [0049] teaches in some examples, sensor may be a combination of an RGB and an IR camera, and the light directing elements may include a visible light reflecting or diverting element and an IR radiation reflecting or diverting element. It would have been obvious for a person with ordinary skill in the art before the invention was effectively filed to have modified Gao in view of Lamb to have included the features of “wherein the optical coupling-out configuration is deployed in overlapping relation to the light redirecting arrangement” to provide a behavior-based vision system in a see-through head mounted display device (Lamb [0004]).
Conclusion
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/MICHAEL E TEITELBAUM, Ph.D./Primary Examiner, Art Unit 2422
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