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 .
Election/Restrictions
Applicant’s election without traverse of Group II in the reply filed on 3/25/26 is acknowledged.
Claim 13 is allowable. The restriction requirement has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). Specifically, the restriction requirement of all claims is withdrawn. Claims 1-12 are no longer withdrawn from consideration because the claim(s) include elements of the allowable claim which placed that claim in condition for allowance.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claim Interpretation
The term “heating element” is understood to refer to any component which generates heat.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-36 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites: “a thermally conductive tape, with one end thermally connected to a lens, and the other end arranged outside the lens for connecting a heating element.” However, it is not clear how the lens in this limitation interrelates to other elements of the claim. Based on the specification, it appears that the silicon carbide substrate with the optical coating is the lens to which this refers, but this is not clear from this claim language.
Claim 1 also recites: “when a device generates heat, the heating element is connected to the lens by means of the thermally conductive tape, and the heat is distributed across the lens by utilizing a thermal conductivity of silicon carbide for heat exchange and dissipation with surrounding air; and in outdoor conditions, optical thin films are used to regulate a direction of infrared radiation, SO that the heat radiates away from the human eye in an atmospheric window band.” It is not clear what “a device” is intended to mean here or how this device interrelates to the rest of the claim. Additionally, this language means that the heating element becomes connected to the lens when a device generates heat which is a concept that is unclear, even in view of the specification. Instead, it appears that the claim means that when a device which is connected to the lens via the thermally conductive tape generates heat, that heat is distributed across the lens.
Below is a suggested amendment to claim 1 which would place the claims in condition for allowance:
1. An augmented reality optical device with eye protection function, comprising:
a lens which comprises a substrate made of silicon carbide material, with optical thin-film structures disposed on both sides of the substrate, respectively; wherein
the optical thin-film structure on a side facing a human eye sequentially comprises an infrared radiation layer, an infrared reflection layer, and a low-refractive-index dielectric layer; and the optical thin-film structure on a side facing an environment sequentially comprises an infrared reflection layer and an infrared radiation layer; and
a thermally conductive tape, with one end thermally connected to the lens, and the other end arranged outside the lens and connecting at least one heating element in the device; wherein
when the the at least one heating element in the device generates heat,
the infrared radiation layer facing the environment has an infrared emissivity of above 0.5 in the atmospheric window band, the infrared radiation layer facing the human eye has an infrared emissivity of below 0.6 in the atmospheric window band; both of the infrared radiation layers have a transmittance of above 0.55 in a wavelength range from 455 nm to 700 nm and of no more than 0.7 in a wavelength range from 200 nm to 380 nm, and block over 5% of blue light in a wavelength range from 380 nm to 455 nm; the atmospheric window band of the infrared reflection layers is between 8 µm and 14 µm, and the infrared reflection layers are made of an optical thin-film material with high transmittance in a visible light range and a reflectivity of above 50% in the atmospheric window band.
Allowable Subject Matter
Qui (CN116857844, machine translation) teaches an augmented reality lens with layers designed for heat dissipation (¶ 0004), comprising: a silicon carbide substrate (¶ 0011) which has thin-film structures on at least one side (¶¶ 0010, 0012), the thin-film structure on one side comprising an infrared reflective layer and low-refractive dielectric (¶¶ 0010, 0018, 0020). Qui also teaches that the lens is thermally connected to the device to allow heat dissipation directly through the silicon carbide lens (¶ 0014) and that the lens is manufactured by inputting optimization parameters into software, determining optimized deposition characteristics and depositing the layers based on that determination (¶¶ 0022, 0023). Qui, however, does not teach an infrared radiation layer, does not clearly describe optical thin-films on both sides of the lens and does not teach the claimed emissivity, transmittance and blue light blocking properties claimed in claim 1.
Nagatsuka (US 2021/0397022) teaches a lens having a multilayer film thereon (Abst.), comprising: a substrate with a multilayer film on each side of the lens (¶ 0090), wherein the multilayer film comprises a low refractive index dielectric (¶¶ 0090-0094) and that the layers can be adjusted to achieve desired optical properties concerning emissivity, transmittance and blue light blocking (¶¶ 0077-0085). Nagatsuka, however, does not discuss an infrared radiation layer and further is directed to spectacle lenses which do not have any need for heat dissipation.
McKenzi et al. (US 2015/0276987) teaches a process of inputting parameters into software and using the software to determine and deposit optimized layers on a lens (Abst.), but does not remedy any other deficiencies in the prior art.
None of the prior art on record, taken individually or in combination, fairly teaches or suggests all the limitations of claims 1 or 13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert A Vetere whose telephone number is (571)270-1864. The examiner can normally be reached M-F 7:30-4:00 EST.
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/ROBERT A VETERE/ Primary Examiner, Art Unit 1712
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