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 .
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US 12449681 in view of Ouderkirk (US 20170357100). Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variation of each other.
Claim 1 of this Application
US 12449681
1. An optical system, comprising: a polarization controller configured to control polarization states of light beams incident onto the polarization controller, each light beam passing through the polarization controller having one of a first polarization state and a second polarization state; a beam splitter configured to partially transmit and partially reflect the light beams incident onto the beam splitter; a reflective polarizer configured to pass the light beams having a third polarization state and reflect the light beams having a fourth polarization state that is orthogonal to the third polarization state; and one or more lenses between the beam splitter and the reflective polarizer, wherein a first light beam of the light beams that has the first polarization state passes through the one or more lenses N1 times, and a second light beam of the light beams that has the second polarization state passes through the one or more lenses N2 times, N2 being larger than N1.
1. An optical system, comprising: a polarization controller configured to control polarization states of light beams incident onto the polarization controller such that a polarization state of each light beam passing through the polarization controller has one of a first polarization state and a second polarization state; a beam splitter configured to partially transmit and partially reflect the light beams incident onto the beam splitter; a reflective polarizer configured to pass the light beams having a third polarization state and reflect the light beams having a fourth polarization state that is orthogonal to the third polarization state; and one or more lenses between the beam splitter and the reflective polarizer, wherein in response to a polarization state of a first light beam of the light beams that passes through the polarization controller having the first polarization state, the first light beam passes the one or more lenses only one time, and in response to a polarization state of a second light beam of the light beams that passes through the polarization controller having the second polarization state, the second light beam passes the one or more lenses more than one time.
US 12449681do not expressly disclose second light beam of the light beams that has the second polarization state passes through the one or more lenses N2 times, N2 being larger than N1 where N1 is time that a first light beam of the light beams that has the first polarization state passes through the one or more lenses.
However, Ouderkirk teaches second light beam of the light beams that has the second polarization state passes through the one or more lenses N2 times (fig.1 N2 times red circle where light 137 passed through more than one times), N2 being larger than N1 where N1 (fig.1 N1 id blue circle, where light 138 went through just one time) is time that a first light beam of the light beams that has the first polarization state passes through the one or more lenses ([0048]).
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine US 12449681 in light of Ouderkirk teaching so that it may include second light beam of the light beams that has the second polarization state passes through the one or more lenses N2 times, N2 being larger than N1 where N1 is time that a first light beam of the light beams that has the first polarization state passes through the one or more lenses.
The motivation is to an optical systems including a light emitting system and a lens system with light redirecting elements may be adapted to alter one or both of a central ray direction and a divergence angle of light received from the corresponding pixel.
Claim 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US 12449681 in view of Hudman (US 20200053350) and Ouderkirk US 20170357100). Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variation of each other.
Claim 20 of this Application
US 12449681
20. A head mounted display (HMD) system, comprising: a display device configured to emit light beams; and an optical system, comprising: a polarization controller configured to control polarization states of the light beams incident onto the polarization controller, each light beam passing through the polarization controller having one of a first polarization state and a second polarization state; a beam splitter configured to partially transmit and partially reflect the light beams incident onto the beam splitter; a reflective polarizer configured to pass the light beams having a third polarization state and reflect the light beams having a fourth polarization state that is orthogonal to the third polarization state; and one or more lenses between the beam splitter and the reflective polarizer, wherein a first light beam of the light beams that has the first polarization state passes through the one or more lenses N1 times, and a second light beam of the light beams that has the second polarization state passes through the one or more lenses N2 times, N2 being larger than N1.
1. An optical system, comprising: a polarization controller configured to control polarization states of light beams incident onto the polarization controller such that a polarization state of each light beam passing through the polarization controller has one of a first polarization state and a second polarization state; a beam splitter configured to partially transmit and partially reflect the light beams incident onto the beam splitter; a reflective polarizer configured to pass the light beams having a third polarization state and reflect the light beams having a fourth polarization state that is orthogonal to the third polarization state; and one or more lenses between the beam splitter and the reflective polarizer, wherein in response to a polarization state of a first light beam of the light beams that passes through the polarization controller having the first polarization state, the first light beam passes the one or more lenses only one time, and in response to a polarization state of a second light beam of the light beams that passes through the polarization controller having the second polarization state, the second light beam passes the one or more lenses more than one time.
US 12449681 does not expressly disclose a head mounted display (HMD) system, comprising: a display device configured to emit light beams;
However, Hudman teaches a head mounted display (HMD) system (fig.1), comprising: a display device configured to emit light beams (fig. 3, [0021]);
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine US 12449681 in light of Hudman teaching so that it may include a head mounted display (HMD) system, comprising: a display device configured to emit light beams;
The motivation is to provide a head-mounted display, or other near-to-eye display, incorporates optics that include a spatially-varying retarder to suppress stray non-imaged light can result in the user of the VR or AR headset experiencing undesirable visual artifacts.
US 12449681 does not expressly disclose second light beam of the light beams that has the second polarization state passes through the one or more lenses N2 times, N2 being larger than N1 where N1 is time that a first light beam of the light beams that has the first polarization state passes through the one or more lenses.
However, Ouderkirk teaches second light beam of the light beams that has the second polarization state passes through the one or more lenses N2 times (fig.1 N2 times red circle where light 137 passed through more than one times), N2 being larger than N1 where N1 (fig.1 N1 id blue circle, where light 138 went through just one time) is time that a first light beam of the light beams that has the first polarization state passes through the one or more lenses ([0048]).
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine US 12449681 in light of Ouderkirk teaching so that it may include second light beam of the light beams that has the second polarization state passes through the one or more lenses N2 times, N2 being larger than N1 where N1 is time that a first light beam of the light beams that has the first polarization state passes through the one or more lenses.
The motivation is to provide an optical systems including a light emitting system and a lens system with light redirecting elements may be adapted to alter one or both of a central ray direction and a divergence angle of light received from the corresponding pixel.
Allowable Subject Matter
Claims 2-19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-US 20180046070
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOWFIQ ELAHI whose telephone number is (571)270-1687. The examiner can normally be reached M-F: 10AM-3PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Boddie can be reached at (571)272-0666. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TOWFIQ ELAHI/Primary Examiner, Art Unit 2625
Prosecution Insights