Ex Parte Tout et alDownload PDFPatent Trial and Appeal BoardDec 7, 201713688102 (P.T.A.B. Dec. 7, 2017) Copy Citation United States Patent and Trademark Office UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O.Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 13/688,102 11/28/2012 Nigel David Tout 01637US0 1320 47766 7590 12/11/2017 VIERRA MAGEN/MICROSOFT CORPORATION 575 MARKET STREET, SUITE 3750 SAN FRANCISCO, CA 94105 EXAMINER PASKO, NICHOLAS R ART UNIT PAPER NUMBER 2872 NOTIFICATION DATE DELIVERY MODE 12/11/2017 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): patents @ vierramagen.com u sdocket @ micro soft .com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte NIGEL DAVID TOUT and STEVE J. ROBBINS Appeal 2017-001326 Application 13/688,102 Technology Center 2800 Before TERRY J. OWENS, CATHERINE Q. TIMM, and MICHAEL G. McMANUS, Administrative Patent Judges. McMANUS, Administrative Patent Judge. DECISION ON APPEAL The Examiner maintains rejections of claims 1, 3—10, 12, 16, and 17 of Application 13/688,102 under 35 U.S.C. §§ 103(a). Final Act. (Feb. 11, 2016) 2—59; Answer 2—3.1 Appellant2 seeks reversal of these rejections pursuant to 35 U.S.C. § 134(a). We have jurisdiction under 35 U.S.C. § 6. For the reasons set forth below, we AFFIRM. 1 The rejection of claims 1 and 17 under 35 U.S.C. § 112 12 was withdrawn. Answer 3. 2 Appellant is the Applicant, Microsoft Technology Licensing, LLC, which is identified as the real party in interest. Appeal Br. 3. Appeal 2017-001326 Application 13/688,102 BACKGROUND The present application generally relates to a near-eye display (NED) device such as a head mounted display (HMD) device that may be worn by a user for an augmented reality (AR) experience or a virtual reality (VR) experience. Spec. 11. The NED of the present application includes a peripheral display positioned on a support structure so as to direct a visual representation of an object in peripheral field of view towards a side of a user’s eye. Id. 12. The peripheral display has a lower angular resolution than that of a front display. Id. Claim 1 is representative of the pending claims and is reproduced below: 1. A near-eye display device for use adjacent to at least one of left and right eyes of a user and having a peripheral imagery display capability, the near-eye display device comprising: a see-through frontal viewing portion disposed and configured to respectively present to at least a respective and adjacent first of the left and right eyes of the user, corresponding first imagery of a respective augmented reality frontal view corresponding to an angular sweep of a first frontal field of view of the respective at least first of the user's left and right eyes; a first peripheral imagery displaying portion positioned apart from the see-through frontal viewing portion and supported by a respective first near-eye support structure of the near-eye display device that is adjacent to the respective first of the user's left and right eyes, the first peripheral imagery displaying portion being configured to direct its respective first peripheral imagery from an interior location of the support structure so that a visual representation of an object that is to be perceived by the user as being in a respective first peripheral field of view of the user is so perceived, the first peripheral field of view being peripherally adjacent to the first frontal field of view of the user; and 2 Appeal 2017-001326 Application 13/688,102 a first imagery providing source that is optically coupled to the frontal viewing portion and to the first peripheral imagery displaying portion and is configured to respectively provide each portion by way of optical coupling with at least a respective part of the displayed imagery provided by that portion; wherein the first peripheral imagery displaying portion is configured to receive light from the optical coupling and to redirect the received light with use of one or more reflections; and wherein the combination of the first imagery providing source and the first peripheral imagery displaying portion is configured to provide a corresponding first swept angle peripheral subfield of view having an angular resolution that is coarser than that of other corresponding swept angle frontal subfields of view provided by the see-through frontal viewing portion. Appeal Br. 24—25 (Claims App.). REJECTIONS On appeal, the Examiner maintains the following rejections3: 1. Claims 1, 4—10, and 12 are rejected under 35 U.S.C. § 103(a) as obvious over Hennessy et al. (US 6,014,117, issued Jan. 11, 2000) (hereinafter “Hennessy”) in view of Chaum et al. (US 2010/0149073 Al, published Jun. 17, 2010) (hereinafter “Chaum”), as evidenced by Kaiser Electro Optics Pro View™ 30 3 The Examiner rejected claims 1 and 17 under 35 U.S.C. § 112(b) as indefinite in the Final Rejection. Final Act. 2. These rejections were subsequently withdrawn by the Examiner. Answer 3. 3 Appeal 2017-001326 Application 13/688,102 Head-Mounted Display (2006) (hereinafter “Mindflux”). Final Act. 3-23. 2. Claims 3 and 16 are rejected under 35 U.S.C. § 103(a) as obvious over Hennessy in view of Chaum, as evidenced by Mindflux, and further in view of Webster (US 5,274,405, issued Dec. 28, 1993). Id. at 23—28. 3. Claims 1, 4—10, and 12 are additionally rejected under 35 U.S.C. § 103(a) as obvious over Lamvik et al. (US 7,495,638 B2, issued Feb. 24, 2009) (hereinafter “Lamvik”) in view of Hennessy and Chaum. Id. at 28-48. 4. Claim 16 is rejected under 35 U.S.C. § 103(a) as obvious over Lamvik in view of Hennessy, Chaum, and Webster. Id. at 48—51. 5. Claim 17 is rejected under 35 U.S.C. § 103(a) as obvious over Lamvik in view of Hennessy, Chaum, and Webster. Id. at 52—59. DISCUSSION Rejection 1. The Examiner rejected claims 1, 4—10, and 12 as obvious over Hennessy in view of Chaum. Final Act. 3—23. Appellant alleges error on several bases. Except for claim 9, Appellant does not argue the claims separately. Thus, we select claim 1 as representative to decide the issues presented for claims 1, and 4—8. Claim 9 is representative for the issues presented for claims 9, 10, and 12. Notice of the Basis of Rejection First, Appellant argues that the Examiner failed to provide sufficient notice pursuant to 35 U.S.C. § 132 as to the terminology “as evidenced by” and what aspect of the Hennessy reference reads on the term “optically 4 Appeal 2017-001326 Application 13/688,102 couple” (claims 1 and 9).4 Appeal Br. 11—12. Appellant has not persuaded us of a reversible error. Section 132 states: “Whenever, on examination, any claim for a patent is rejected,. . . the Director shall notify the applicant thereof, stating the reasons for such rejection, . . . together with such information and references as may be useful in judging of the propriety of continuing the prosecution of his application.” As stated in Chester v. Miller, Section 132 merely ensures that an applicant “at least be informed of the broad statutory basis for [the rejection of] his claims, so that he may determine what the issues are on which he can or should produce evidence.” Section 132 is violated when a rejection is so uninformative that it prevents the applicant from recognizing and seeking to counter the grounds for rejection. Chester v. Miller, 906 F.2d at 1578 (citations omitted). In the present case, the Examiner’s final rejection informed Appellant of both the statutory basis for the rejection (§ 103(a)), and what prior art (Hennessy, Chaum, and Mindlux) was being applied as evidence. In support of the rejection, the Examiner made numerous factual findings. The Examiner found that Hennessy teaches a head mounted display (HMD) that is “a modified Pro View HMD (Kaiser Electro-Optics), to which is mounted left and right LCD panels 214 and 216 respectively.” Final Act. 4 (citing Hennessy 14:22—27). The Examiner further found that “this disclosure of a Pro View HMD reads on an imagery providing source optically coupled to the viewing portions by way of directing light through 4 Appellant’s argument refers to the “optically project” language of claim 17, but this claim is not rejected as obvious over the combination of Hennessy and Chaum, as evidenced by Mindflux. 5 Appeal 2017-001326 Application 13/688,102 an optical system, as evidenced by Mindflux below.” Final Act. 5. In the Answer, the Examiner cites to Mindflux’s teaching of a “plastic aspheric lens” and “independent optical paths for each eye” in support of the finding that Hennessy teaches an imagery providing source optically coupled to the viewing portions. Answer 3. The Examiner further determined that “the Mindflux reference was properly cited as extrinsic evidence to show that Hennessy's teaching of a “‘Pro View HMD (Kaiser Electro-Optics)’ at C. 14, L. 22-27 inherently included an imagery providing source optically coupled to the viewing portions.” Id. In the final rejection, the Examiner explained that Mindflux was being used as evidence as to the Pro View HMD disclosed by Hennessy. Final Act. 4—5. Moreover, any lack of notice in the final rejection has been cured by the Examiner’s findings in the Answer regarding Mindflux’s teaching of a “plastic aspheric lens” and “independent optical paths for each eye.” Appellant asserts that the Answer includes a new ground (inherency). First, we are not persuaded that the Examiner’s response to Appellant’s argument changed the thrust of the rejection such that there was a new ground of rejection. Thoroughness in responding to Appellant’s argument did not change the rejection and Appellant had an opportunity to respond in the Reply Brief. See, e.g., In re Jung, 637 F.3d 1356, 1365 (Fed. Cir. 2011) (“The Board's thoroughness in responding to Jung's delayed explanation did not change the rejection, and Jung had the fair opportunity to respond.”) Second, an Examiner may make a new ground of rejection on appeal. 37 C.F.R. § 41.39(a)(2). Designation of a rejection as a new ground triggers procedural options for the Appellant. Id. at § 41.39(b). Where an Examiner fails to follow the procedures set forth in § 41.39, the remedy lies exclusively in petitioning the Director for supervisory review. 37 C.F.R. § 6 Appeal 2017-001326 Application 13/688,102 41.40(a). Rather than petitioning the Director, Appellant has explicitly elected to continue the Appeal. Reply 3. In doing so, Appellant has waived its right to have the question of whether the Answer added reasoning that rose to the level of a new ground reviewed. In the Reply, Appellant argues that the Examiner has erred in finding that Hennessy inherently teaches an optical coupling by its disclosure of a Kaiser Electro-Optics Pro View HMD. We do not find this argument persuasive for several reasons. First, the Examiner’s findings relating to the Pro View HMD were adequately presented in the final rejection. Specifically, the Examiner found as follows: While the coupling from the CPU to the viewing portions constitutes an “optical coupling” given the broadest reasonable interpretation of the claims, this disclosure of a Pro View HMD reads on an imagery providing source optically coupled to the viewing portions by way of directing light through an optical system, as evidenced by Mindflux below. Final Act. 5. Mindflux, a three page product sheet describing Kaiser Electro-Optics’s ProView 30 HMD, was of record. Appellant does not appeal the Examiner’s finding regarding the coupling from the CPU to the viewing portions. Accordingly, such finding will not be disturbed. Second, Appellant’s arguments regarding the above findings concerning the Pro View HMD were not presented in the Appeal Brief. Appellant had notice that the Examiner relied upon Mindflux as extrinsic evidence. Final Act. 4—5. Reliance on Mindflux was evident from the use of the words “as evidenced by,” a phrase rejections customarily use to identify extrinsic evidence applied to show inherency. See, e.g., Ex Parte Yoo, 2007 WL 2814134, at *3 (BPAI2007) (reviewing the rejection of claims under 35 U.S.C. § 102(a) as being anticipated by dayman as 7 Appeal 2017-001326 Application 13/688,102 evidenced by Oda and Flaitz). Such use of extrinsic evidence is permissible. See, e.g., Telemac Cellular Corp. v. Topp Telecom, Inc., 247 F.3d 1316, 1328 (Fed. Cir. 2001) (“[RJecourse to extrinsic evidence is proper to determine whether a feature, while not explicitly discussed, is necessarily present in a reference.”). Moreover, Appellant has failed to present evidence in support of its argument that optical coupling is not inherently disclosed. “In relying upon the theory of inherency, the examiner must provide a basis in fact and/or technical reasoning to reasonably support the determination that the allegedly inherent characteristic necessarily flows from the teachings of the applied prior art.” Ex parte Levy, 17 USPQ2d 1461, 1464 (Bd. Pat. App. & Inter. 1990). Here, the Examiner has provided a factual basis for the findings related to inherency (the Mindflux reference) while Appellant has provided no evidence tending to refute such findings. Attorney argument is not evidence. See, e.g., Gemtron Corp. v. Saint-Gobain Corp., 572 F.3d 1371, 1380 (Fed. Cir. 2009) (“[UJnswom attorney argument... is not evidence and cannot rebut. . . other admitted evidence . . . .”). Appellant presents argument that “there is no scientific certainty with respect to what a ‘modified’ ProView HMD is.” Reply 3^4. Hennessy, however, indicates that the modification is by “mounting] left and right LCD panels 214 and 216 respectively.” Hennessy 14:22—24. This is consistent with the disclosures of Hennessy and Mindflux. Compare Mindflux at 2 with Hennessy Fig. 2. “[W]hen the PTO shows sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” In re Spada, 911 F.2d 705, 708 (Fed.Cir.1990) (citations omitted). 8 Appeal 2017-001326 Application 13/688,102 Moreover, Appellant has not appealed the Examiner’s finding that “the coupling from the CPU to the viewing portions constitutes an ‘optical coupling’ given the broadest reasonable interpretation of the claims.” Accordingly, Appellant has failed to show reversible error arising from inadequate notice as to the basis of rejection. The Examiner’s Proposed Modification of Hennessy For its second argument, Appellant asserts that the Examiner’s proposed modification of Hennessy would render it inoperative for its intended purpose. In rejecting claim 1, the Examiner determined that it would have been obvious to modify the display device of Hennessy with the see-through frontal viewing display and peripheral display including multiple reflections of Chaum. Final Act. 7—8. Appellant argues that Hennessy teaches that the peripheral displays should depict only “ambient symbology.” Appeal Br. 12—14. Appellant further argues that the Examiner has implicitly proposed to modify Hennessy additionally by proposing that the peripheral displays be see- through, “out of widow scene” displays. Id. at 15. Appellant predicates this on certain language at lines 10 and 11 of page 5 of the final rejection. Id. That language, however, is merely a quotation from column 7, lines 31—50 of Hennessy (with certain language omitted as indicated by ellipses). See Hennessy 7:31—50. The Examiner’s quotation of Hennessy does not amount to an “implicit modification” of Hennessy. Further, in the Answer, the Examiner states that the “Examiner has not proposed any modification to the displaying of ‘ambient symbology’ in the peripheral LCD monitors, and Examiner relied upon Hennessy's explicit 9 Appeal 2017-001326 Application 13/688,102 teaching in C. 7, L. 30-35 and L. 44-46 of an ‘out of the window’ scene displayed by surfaces 20.” Answer 5. Accordingly, in view of the foregoing, Appellant has failed to show that the Examiner’s proposed modifications of Hennessy would render it inoperative for its intended purpose. Hennessy’s Disclosure of a “Visual Representation of an Object... in a Respective First Peripheral Field of View ” Appellant additionally argues that Hennessy does not teach “a visual representation of an object that is to be perceived by the user as being in a respective first peripheral field of view of the user” as required by claim 1. Appeal Br. 15—16. Appellant argues that the “ambient symbology” of Hennessy is not a visual representation of an object but rather an indication of “movement or attitude.” Id. at 15. During examination, claim terms must be given their broadest reasonable construction consistent with the Specification. In re ICON Health and Fitness, Inc., 496 F.3d 1374, 1379 (Fed. Cir. 2007). “Construing claims broadly during prosecution is not unfair to the applicant. . . because the applicant has the opportunity to amend the claims to obtain more precise claim coverage.” In re Am. Acad. ofSci. Tech Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004). An applicant seeking a narrower construction must either show why the broader construction is unreasonable or amend the claim to expressly state the scope intended. In re Morris, 127 F.3d 1048, 1057 (Fed. Cir. 1997). The Specification makes use of the term “visual representation” several times. The Specification states that, “[a]t the furthest field of view 10 Appeal 2017-001326 Application 13/688,102 angles, a visual representation can be effectively a blur represented with a very low pixel count to achieve a surround vision system.” Spec. 1 68 (emphasis added). The Specification further states that, “[i]n some embodiments, particularly in a peripheral display example, a 2D bounding shape for example, a bounding circle, rectangle, triangle, etc. and the 3D position of the object are used for rendering a visual representation of the object on the peripheral display.” Id. 179 (emphasis added). The Specification further provides that a visual representation may be only a color or a single photodiode: The object on the peripheral display may be visually represented simply by its color or a predominant color associated with the object. Even a line of photodiodes can have a mapping of the field of view to each photodiode. For example, each of five photodiodes can represent about a twenty (20) degree slice of a total peripheral field of view of about 100 degrees. As the object moves across the field of view, its direction of motion is visually represented by which photodiode is lit, and its speed by how fast the each photodiode turns on and off.” Id. 1104 (emphasis added). Similarly, the Specification teaches that a lit LED indicator may be a “visual representation”: “[f]or purposes of providing situational awareness like an impending virtual helicopter on course to crash into a user like in the example of Figure 2 A, a visual indicator such as a lit up LED may be a visual representation indicating a presence of image data representing an object.” Id. 1122 (emphasis added). In view of the Specification, it is apparent that the term “visual representation” should be construed broadly to encompass “blurs,” “shapes,” and points on light. Hennessy teaches as follows regarding the meaning of 11 Appeal 2017-001326 Application 13/688,102 “ambient symbology”: An image including ambient symbology is defined to have areas of differing contrast and/or differing color and/or differing texture which are not representational of objects in the external environment, the movement of which can be detected in the peripheral field of view of an observer. * * * Typically, the ambient symbology comprises a number of arbitrary shaped objects, areas or a pattern defined by the differing contrast, differing color or differing texture, and does not require any optics for the purpose of representing the display within the focal range of the eye. Hennessy 2:21—26; 2:32—36. Thus, Hennessy teaches the use of shapes, areas, and/or colors in the peripheral display. These representations have not been shown to fall outside the scope of “visual representations” as used in the claims. Accordingly, we find no error in the Examiner’s determination that the ambient symbology of Hennessy falls within the scope of the term “visual representation.” Reason to Combine the Teachings of Chaum and Hennessy For its third argument, Appellant asserts that the Examiner has not explained why a person of ordinary skill in the art would have been motivated to use a device having a peripheral display positioned apart from the frontal viewing portion rather than a continuous “proximal optic” as taught by Chaum. Appeal Br. 17. In proposing the hypothetical combination of Hennessy and Chaum, the Examiner relied upon Hennessy (the primary reference) as teaching “a 12 Appeal 2017-001326 Application 13/688,102 first peripheral imagery displaying portion (22, 24) positioned apart from the frontal viewing portion.” Final Act. 3. The Examiner set forth a rationale as to why one of ordinary skill in the art would have modified the device of Hennessy according to certain teachings of Chaum. Id. at 7—8. The Examiner is not obliged to explain why certain separate teachings of a secondary reference are not incorporated in the hypothetical combination. Nor has Appellant argued that Chaum “teaches away” from the display structure of Hennessy. Accordingly, Appellant has not shown error in this regard. Rejection of Claim 9 Appellant argues that the rejection of claim 9 over Hennessy in view of Chaum is in error on several bases. Appeal Br. 18—19. Appellant asserts that the rejection of claim 9 is erroneous because it renders Hennessy inoperable and ignores the “proximal optic” teachings of Chaum. These arguments lack merit for the reasons set forth above. Appellant additionally argues that Chaum teaches that the resolution of the eye is high in the central portion and relatively low in the peripheral portion. Id. As a consequence, Appellant argues, Chaum does not teach a peripheral display portion with a lower display resolution. Id. at 18. Appellant is correct that the portion of Chaum cited by the Examiner refers to the periphery of the retina rather than the periphery of the display. See Chaum | 618. Thus, the cited portion does not teach a peripheral display “configured to provide a lower display resolution than that of the front display.” Appeal Br. 27 (Claims App.). Accordingly, Appellant has shown reversible error in this regard. 13 Appeal 2017-001326 Application 13/688,102 Rejection 2. The Examiner rejected claims 3 and 16 as obvious over Hennessy in view of Chaum and further in view of Webster. Final Act. 23— 28. Claim 3 requires that “the peripherally represented object belongs to a peripheral continuation of the augmented reality frontal view.” Appeal Br. 25 (Claims App.). Appellant argues that none of the cited references teach such feature. Appeal Br. 22. In the rejection, the Examiner relies upon Webster as follows: Webster teaches a wide angle viewing system that includes a frontal viewing portion (34a, 34b, 40a, 40b) and a peripheral imagery displaying portion (36a, 36b, 42a, 42b) that directs a visual representation of an object that is to be perceived by the user as being in a respective first peripheral field of view of the user, wherein the first peripheral imagery displaying portion comprises a projection receiving and redirecting display that is configured to receive its redirected projection from the imagery providing source (See e.g. Figs. 4 and 5); and the peripherally represented object belongs to a peripheral continuation of the augmented reality frontal view. Final Act. 23—24. Appellant’s only argument against Webster is that it “teaches non-see-through electronically driven monitors on all sides.” Appeal Br. 22. This does not rebut Webster’s teaching as relied upon by the Examiner. Accordingly, Appellant has not shown error in regard to the rejection of claim 3. Claim 16 depends from claim 9. Appellant’s arguments regarding the rejection of claim 9 over Hennessy in view of Chaum have been found to be persuasive. Accordingly, the rejection of claim 16 as obvious over Hennessy in view of Chaum and further in view of Webster will be not be affirmed. 14 Appeal 2017-001326 Application 13/688,102 Rejection 3. The Examiner rejected claims 1, 4—10, and 12 as obvious over Lamvik in view of Hennessy and Chaum. Final Act. 28-48. Appellant argues that the rejection of claim 1 is in error as Lamvik does not teach spaced apart front and peripheral displays to which imagery is optically coupled. Appeal Br. 19. Appellant further argues that Lamvik fails to teach a see-through display and optical coupling by the use of reflections. Id. at 20. Appellant further argues that the Examiner has misidentified item 224 of Figure 13. Id. In the Answer, the Examiner determined that Lamvik teaches a display “constructed on a clear plastic substrate, allowing the viewer to see past the image through to the actual field of view.” Answer 11 (citing Lamvik 6:58—61). The Examiner further determined that Lamvik teaches an optical coupling between “foveated display 222” and an eyepiece. Answer 11 (citing Lamvik Figs. 13 and 14). This eyepiece is the element argued to be misidentified. In regard to the eyepiece, Lamvik provides that “[ejach of the examples in FIGS. 11-14 include a display of the present invention and a corresponding eyepiece that can create a virtual image of the display near infinity to compensate for the location of a display near the viewer's eyes.” Lamvik 10:4—7. Further, the Examiner notes that Lamvik was not relied upon as teaching that the peripheral display is spaced apart or that the first peripheral imagery displaying portion is configured to receive light from the optical coupling and to redirect the received light with use of one or more reflections. Answer 12—13. Appellant additionally asserts that the rejection of claim 9 should be reversed. In this regard, Appellant incorporates its arguments presented in regard to claim 1. Appeal Br. 20—21. These arguments are found not to be persuasive for the reasons set forth above. 15 Appeal 2017-001326 Application 13/688,102 Appellant further asserts that there are certain “Additional Rejection errors” in the present rejection concerning the rejection of claims 4 and 10 over Lamvik in view of Hennessy and Chaum. Appeal Br. 22 (referring to pages 34 and 48 of the Final Act.). Appellant argues that Chaum fails to teach “the reflecting element being positioned to reflect the visual representation of the object towards the side of the respective first of the user's left and right eyes” as required by claim 4. Id. Appellant additionally argues that Lamvik fails to teach “wherein the near-eye support structure includes a side arm which positions the at least one peripheral display at the side position” as required by claim 10. Id. In regard to both of these arguments (concerning claims 4 and 10) we adopt the position of the Examiner as stated in the Answer at pages 17—18 Accordingly, Appellant has failed to show error in any of the foregoing with regard to the rejection of claims 1, 4—10, and 12 over Lamvik in view of Hennessy and Chaum. Rejection 4. The Examiner rejected claim 16 as obvious over Lamvik, Hennessy, Chaum and Webster. Final Act. 48—51. Appellant does not present unique argument in support of the patentability of claim 16 over the asserted references. Accordingly, claim 16 will stand or fall with claim 9, from which it depends. Appellant’s arguments regarding the rejection of claim 9 over Lamvik in view of Hennessy and Chaum have not been found to be persuasive. Accordingly, the rejection of claim 16 on this basis will be affirmed. Rejection 5. The Examiner rejected claim 17 as obvious over Lamvik, Hennessy, Chaum, and Webster. Final Act. 52—59. 16 Appeal 2017-001326 Application 13/688,102 Appellant presents two arguments in support of the patentability of claim 17. Appeal Br. 21. First, Appellant argues that the rejection was made in error because element 224 of Lamvik is misidentified. This argument fails in view of the explanation in the Answer regarding the eyepiece as discussed above. Answer 12—14 (citing Lamvik 10:4—9). Second, Appellant argues that the cited references do not teach “the peripheral vision portion being configured to inwardly direct respective peripheral imagery from the inwardly facing side position as an optically directed projection” as required by claim 17. Appeal Br. 21. Appellant argues that “a prime objective of Lamvik is to have one continuous” display. Id. In the Answer the Examiner finds that Lamvik teaches a display with various display regions “that read on an inwardly facing side portion, as they face inwardly toward a user and are located at the sides of the central region of display.” Answer 15. Appellant has not shown error in this finding. Further, Lamvik expressly teaches that the display may be “an array.” Lamvik 2:31—38, 6:11—15. Accordingly, Appellant has not shown error in the rejection of claim 17 as obvious over Lamvik, Hennessy, Chaum, and Webster. CONCLUSION The rejection of claims 1 and 4—8 as obvious over Hennessy in view of Chaum is affirmed. The rejection of claims 9, 10, and 12 as obvious over Hennessy in view of Chaum is reversed. The rejection of claim 3 as obvious over Hennessy in view of Chaum and Webster is affirmed. The rejection of claim 16 as obvious over Hennessy in view of Chaum and Webster is reversed. The rejection of claims 1, 4—10, and 12 over Lamvik in view of 17 Appeal 2017-001326 Application 13/688,102 Hennessy and further in view of Chaum is affirmed. The rejection of claim 16 over Lamvik in view of Hennessy and further in view of Chaum and Webster is affirmed. The rejection of claim 17 over Lamvik in view of Hennessy and further in view of Chaum and Webster is affirmed. In view of the foregoing, the Examiner’s decision to reject claims 1, 3—10, 12, 16, and 17 is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). AFFIRMED 18 Copy with citationCopy as parenthetical citation