Prosecution Insights
Last updated: August 17, 2026
Application No. 17/875,419

HEAD-MOUNTED DISPLAY DEVICE AND EYE TRACKING MODULE

Non-Final OA §103
Filed
Jul 28, 2022
Priority
Mar 22, 2022 — provisional 63/322,230 +1 more
Examiner
SUN, PINPING
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
HTC Corporation
OA Round
3 (Non-Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
350 granted / 468 resolved
+6.8% vs TC avg
Strong +39% interview lift
Without
With
+38.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
15 currently pending
Career history
482
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
58.3%
+18.3% vs TC avg
§102
14.8%
-25.2% vs TC avg
§112
20.4%
-19.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 468 resolved cases

Office Action

§103
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 . Response to Argument 2. Applicant's arguments filed 12/26/2025 have been fully considered but they are not persuasive. Regard to claim 1 and claim 9, Applicant argues that Greenbaum only mentioned the gaze detection one time in para,[0086] There is no teaching which component of the Greenbaum should the camera 4 of He be assembled to. the Office Action has acknowledged that Greenbaum fails to disclose cameras for shooting the eyes yet nevertheless determines that Greenbaum discloses an eye tracking module. The Examiner disagrees. Greenbaum teaches at least a lens frame structure ( of eye tracking module) including 315 &300. The camera of He is installed on the lens frame. Therefore, the camera of He should be assembled to the lens frame 360 of Greenbaum which is part of 315 and 300. Greenbaum is used to teach lens frame structure components in the eye tracking module: such as an outer frame a first lens frame and a second lens frame wherein the outer frame has a second positioning portion the second positioning portion is used for connecting with the first positioning portion, so that the outer frame is positioned on the body, the first lens frame and the second lens frame are movably arranged on the outer frame, the first lens frame is used for connecting the first lens, the second lens frame is used for connecting the second lens. He, not Greenbaum is used to teaches the cameras for shooting the eyes and eye tracking function. Therefore, Applicant's argument amount to a misplaced attack on Greenbaum not teach the eye tracking module, where the Examiner relies upon the combination of Greenbaum and He to teaches the components of eye tracking module. The applicant further argues that the cameras 4 of He are assembled to the same housing, so that the distance between the cameras 4 is fixed. There is also no teaching that the distance between the cameras 4 of He should be adjustable after being assembled to Greenbaum. This is not found persuasive. He teaches a distance between the first camera and the second camera is adjustable because [0102] of He teaches the lens adjustment mechanism is used to adjust the distance between the two lens barrels of the lens according to the pupil distance of the operator, and as discussed above, the camera is connected to the lens barrel. In addition, [0130] of He teaches the pupil adjustment device includes the cameras. [0037] of He teaches pupil adjustment device connected to lens barrels. Therefore, He teaches a distance between the first camera and the second camera is adjustable since camera attached on lens barrel and the distance between lens barrels are adjusted by pupil adjustment device. Furthermore, Greenbaum teaches the distance between lens frames is adjustable, He teaches the cameras are on the lens frames, therefore the combination of Greenbaum and He also teaches a distance between the first camera and the second camera is adjustable because He’s camera are installed on the adjustable lens frames of Greenbaum. Since the applicant’s arguments are not persuasive, the rejection of claims 1 and 9 are maintained Claim Rejections - 35 USC § 103 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) 1, 2, 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greenbaum (WO 2014082023 A1) in view of He (CN 110502102 A). Regarding claim 1, Greenbaum (WO 2014082023 A1) teaches A head-mounted display device ([0019]: the present invention is a head mounted display), comprising: a body (Fig. 8: 310), has a first lens (Fig. 8: lens 307) corresponding to a first eye and a second lens corresponding to a second eye (See Fig. I below) [0054]: The posts or other guide structures may contact structure around the lenses (365) of the display portion to keep the lenses in an optimal position in relation to the user's eyes), and also has a first positioning portion (308, Fig. 8) PNG media_image1.png 661 913 media_image1.png Greyscale Figure I: Greenbaum (WO 2014082023 A1), Fig. 8, the second lens is adjacent to the first lens ([0082]: in an optimal position in relation to the user's eyes). an lens frame structure of Eye tracking module (Fig. 8: 315 &300) , detacheably assembled ( see Fig. 8, 315, and 300 are detachably assembled to 310, Fig. 8)and electrically connected ([0069]: when the plurality of posts is inserted into the corresponding holes, a circuit is completed) to the body (Fig. 8: 308) and comprises an outer frame (Fig. 8: housing 315), a first lens frame (Fig. 9: lens guides 360) ([0054]: lens guides (360) for positioning the lenses of the display) and a second lens frame (Fig. 9: lens guides 360) ([0054]: lens guides (360) for positioning the lenses of the display), only one lens is shown in Fig. 9, but it is clear that “lenses of the display” refers to both first and second lenses having lens guides 360, wherein the outer frame (Fig. 8: housing of 315) has a second positioning portion (Fig. 2: a hole 65) ([0068]: a post and hole (65) fastening system... positioned on the outside surface of the face mask portion), the second positioning portion is the hole and the first positioning portion is the post which is inserted into the hole, the second positioning portion (Fig. 2: a hole 65) is used for connecting with the first positioning portion (Fig. 2: a post 65) ([0068]: a post and hole (65) fastening system in which a plurality of posts, positioned on the outside surface of the face mask portion correspond to holes, in the user-facing side of the display portion), so that the outer frame (Fig. 8: housing of 315) is positioned on the body (Fig. 8: 310, see Fig..8 315 is positioned on 310 through connector 308) the first lens frame (Fig. 9: lens guides 360) and the second lens frame (Fig. 9: lens guides 360) are movably arranged ([0077]: adjustable positioning) on the outer frame (Fig. 8: housing of 315) and a distance between the first lens frame and the second lens frame is adjustable [0077] When establishing the position of the lenses, it may be desirable to design the lens mounting such as to allow for an adjustable positioning), the first lens frame (Fig. 9: lens guides 360) is assembled to the first lens (Fig. 8: lens 307) (Fig. 9, [0054]: lens guides (360) for positioning the lenses of the display in an optimal location), the second lens frame (Fig. 9: lens guides 360)is assembled to the second lens (Fig. 8: lens 307) (Fig. 9, [0054]: lens guides (360) for positioning the lenses of the display in an optimal location), Greenbaum (WO 2014082023 A1) does not teach and the eye tracking module and it comprises a first camera, a second camera, the first camera is arranged on the first lens frame, the second camera is arranged on the second lens frame, and the first camera is used to shoot the first eye and the second camera are used to shoot the second eye, a face gasket, detachably assembled to the eye tracking module, a face gasket, detachably assembled to the eye tracking module, the eye tracking module is located between the face gasket and the body, He (CN 110502102 A) teaches an eye tracking module ( eye tracking device [0037], Fig. 3 ) comprises a first camera (Fig. 3: camera 4), a second camera (Fig. 3: camera 4. See Fig. II below), the first camera (Fig. 3: camera 4) is arranged ([0037]: two cameras are also respectively arranged on the outer side of the lens) on the first lens frame ([0037]: lens barrel) ([0037]: connected to the lens barrel of the lens), the second camera (Fig. 3: camera 4. See Fig. II below) is arranged ([0037]: two cameras are also respectively arranged on the outer side of the lens) on the second lens frame ([0037]: lens barrel) ([0037]: connected to the lens barrel of the lens), a distance between the first camera and the second camera is adjustable ([0102] the lens adjustment mechanism is used to adjust the distance between the two lens barrels of the lens according to the pupil distance of the operator, and as discussed above, the camera is connected to the lens barrel, [0130] the pupil adjustment device includes the camera.[0037] pupil adjustment device connected to lens barrels, therefore, He teaches a distance between the first camera and the second camera is adjustable since camera attached on lens barrel and the distance between lens barrels are adjusted by pupil adjustment device. In addition, Greenbaum teaches the distance between lens frames are adjustable, He teaches the cameras are on the lens frames, therefore the combination of Greenbaum and He also teaches a distance between the first camera and the second camera is adjustable) and the first camera (Fig. 3: camera 4) is used to shoot the first eye and the second camera (Fig. 3: camera 4. See Fig. II below) is used to shoot the second eye ([0037]: The initial reference pupil distance value and the initial reference value of the pupil boundary are obtained by an eye tracking device. [0037]: the eye tracking device comprises an infrared light source transmitter and a camera), and, a face gasket ( elastic pad in contact with human skin, [0043]) detachably assembled to the eye tracking module ([0043] the infrared light source transmitter (0043] Preferably, an elastic pad in contact with human skin is arranged on the outer layer of the support portion, and the elastic pad is detachably connected to the support portion7,[101] wherein the infrared light source transmitter is located on the outer side wall of the sixth part of the shell. [0101]: the sixth part is the rear of the shell, and the rear of the shell is close to the eyes of the operator, He teaches the elastic pad is detachable to the sixth part of the shell as the eye tracking module), wherein the eye tracking module (eye tracking device. [0037]: the eye tracking device comprises an infrared light source transmitter (Fig. 3: infrared light source emitter 3) and a camera (Fig. 3: camera 4), wherein the infrared light source transmitter is located on the outer side wall of the sixth part of the shell. [0101]: the sixth part is the rear of the shell, and the rear of the shell is close to the eyes of the operator) is located between the face gasket (Fig. 2: elastic pad in contact with the support portion 7) ([0109]: A support portion is provided from the outer side wall of the sixth part of the shell and extends along the main body portion away from the shell. The support portion contacts the face of the operator and forms a receiving space between the face of the operator, for example, the eyes of the operator and the second end of the lens barrel, [0043] Preferably, an elastic pad in contact with human skin is arranged on the outer layer of the support portion, and the elastic pad is detachably connected to the support portion) and the body (Fig. 2: housing 1) (See Fig. III below). PNG media_image2.png 570 762 media_image2.png Greyscale Figure II: He (CN 110502102 A), Fig. 3: first/second camera arranged around first/second lens frames. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Greenbaum (WO 2014082023 A1) with the eye tracking module taught by He (CN 110502102 A) in order to view the eyes of the operator ([0037]: the eye tracking device comprises an infrared light source transmitter and a camera, wherein the infrared light source transmitter is located on the outer side wall of the sixth part of the shell and faces the direction of the eyes of the operator). PNG media_image3.png 682 866 media_image3.png Greyscale Fig. III: He (CN 110502102 A), Fig. 2: eye tracking module disposed between face gasket and body. Regarding claim 2, the combination Greenbaum (WO 2014082023 A1) and He (CN 110502102 A) teaches The head-mounted display device according to claim 1. Greenbaum (WO 2014082023 A1) further teaches wherein the number of the first positioning portion ([0068]: post) and the second positioning portion ([0068]: hole) is multiple ([0068]: a post and hole (65) fastening system in which a plurality of posts, positioned on the outside surface of the face mask portion correspond to holes, in the user-facing side of the display portion), the second positioning portions ([0068]: hole) are magnetically assembled ([0068]: The terminal ends of the posts may be equipped with a fastening mechanism of appropriate structure. For example, magnets) to the first positioning portions ([0068]: post) and the second positioning portions ([0068]: hole) are respectively located on opposite sides (left and right sides of Fig. IV below) of the first lens frame (Fig. 9: lens guides 360) and the second lens frame (Fig. 9: lens guides 360) (See Fig. IV below). PNG media_image4.png 614 1043 media_image4.png Greyscale Fig. IV: Greenbaum (WO 2014082023 A1), Fig. 3: positioning portions located on opposite sides of the lens frames. Regarding claim 9, Greenbaum (WO 2014082023 A1) teaches An eye tracking module (Fig. 8: 315 &300) applied to a head-mounted display device ([0019]: the present invention is a head mounted display), wherein the an lens frame structure of Eye tracking module (Fig. 8: 315) is detachably assembled (see Fig. 8, 9 [0069]: operatively connected) and electrically connected ([0069]: when the plurality of posts is inserted into the corresponding holes, a circuit is completed) to a body (Fig. 8: 310) of the head-mounted display device ([0069]: Specifically contemplated is a connection that is operatively connected to an indicator to signify that the display has been correctly attached to the face anchoring portion. For example, when the plurality of posts is inserted into the corresponding holes, a circuit is completed...) from paragraph [0069] it’s clear that “a circuit is completed” implies an electrical connection, an lens frame structure of Eye tracking module (Fig. 8: 315) comprises an outer frame (Fig. 8: housing 315), a first lens frame (Fig. 9: lens guides 360) ([0054]: lens guides (360) for positioning the lenses of the display) and a second lens frame (Fig. 9: lens guides 360) ([0054]: lens guides (360) for positioning the lenses of the display), only one lens is shown in Fig. 9, but it is clear that “lenses of the display” refers to both first and second lenses having lens guides 360, wherein the outer frame (Fig. 8: housing of 315) has a second positioning portion (Fig. 2: a hole 65) ([0068]: a post and hole (65) fastening system... positioned on the outside surface of the face mask portion), the second positioning portion (Fig. 2: a hole 65) is used for connecting ([0068]: a post and hole (65) fastening system) with the first positioning portion (Fig. 2: a post 65) ([0068]: a post and hole (65) fastening system in which a plurality of posts, positioned on the outside surface of the face mask portion correspond to holes, in the user-facing side of the display portion), so that the outer frame (Fig. 8: housing 315) is positioned on the body (Fig. 8: 310) the first lens frame (Fig. 9: lens guides 360) and the second lens frame (Fig. 9: lens guides 360) are movably arranged ([0077]: adjustable positioning) on the outer frame (Fig. 8: housing 315) [0077] When establishing the position of the lenses, it may be desirable to design the lens mounting such as to allow for an adjustable positioning), a distance between the first frame and the second lens frame is adjustable ( [0077] When establishing the position of the lenses, it may be desirable to design the lens mounting such as to allow for an adjustable positioning) the first lens frame is assembled to the first lens of the body ([0054]: lens guides (360) for positioning the lenses of the display in an optimal location), the second lens frame is assembled to the second lens of the body ([0054]: lens guides (360) for positioning the lenses of the display in an optimal location). Greenbaum (WO 2014082023 A1) does not teach a face gasket of the head-mounted display device is detachably assembled to the eye tracking module, the eye tracking module is located between the face gasket of the head-mounted display device and the body, or, a first camera, a second camera, the first camera is arranged on the first lens frame, the second camera is arranged on the second lens frame, a distance between the first camera and the second camera is adjustable, the first camera is used to shoot a first eye and the second camera is used to shoot a second eye. He (CN 110502102 A) teaches a face gasket ( elastic pad in contact with human skin, [0043]) detachably assembled to the eye tracking module ([0043] the infrared light source transmitter (0043] Preferably, an elastic pad in contact with human skin is arranged on the outer layer of the support portion, and the elastic pad is detachably connected to the support portion7,[101] wherein the infrared light source transmitter is located on the outer side wall of the sixth part of the shell. [0101]: the sixth part is the rear of the shell, and the rear of the shell is close to the eyes of the operator, He teaches the elastic pad is detachable to the sixth part of the shell as the eye tracking module),the eye tracking module (eye tracking device. [0037]: the eye tracking device comprises an infrared light source transmitter (Fig. 3: infrared light source emitter 3) and a camera (Fig. 3: camera 4)) is located between a face gasket (Fig. 2: support portion 7) of the head-mounted display device (Fig. 2: head-mounted device 100) and the body (Fig. 2: housing 1) ([0109]: A support portion is provided from the outer side wall of the sixth part of the shell and extends along the main body portion away from the shell. The support portion contacts the face of the operator and forms a receiving space between the face of the operator, for example, the eyes of the operator and the second end of the lens barrel[0043] Preferably, an elastic pad in contact with human skin is arranged on the outer layer of the support portion, and the elastic pad is detachably connected to the support portion), a first camera (Fig. 3: camera 4), a second camera (Fig. 3: camera 4. See Fig. II below), the first camera (Fig. 3: camera 4) is arranged ([0037]: two cameras are also respectively arranged on the outer side of the lens) on the first lens frame ([0037]: lens barrel) ([0037]: connected to the lens barrel of the lens), the second camera (Fig. 3: camera 4. See Fig. II below) is arranged ([0037]: two cameras are also respectively arranged on the outer side of the lens) on the second lens frame ([0037]: lens barrel) ([0037]: connected to the lens barrel of the lens), a distance between the first camera and the second camera is adjustable ([0102] the lens adjustment mechanism is used to adjust the distance between the two lens barrels of the lens according to the pupil distance of the operator, and as discussed above, the camera is connected to the lens barrel, [0130] the pupil adjustment device includes the camera.[0037] pupil adjustment device connected to lens barrels, therefore, He teaches a distance between the first camera and the second camera is adjustable since camera attached on lens barrel and the distance between lens barrels are adjusted by pupil adjustment device. In addition, Greenbaum teaches the distance between lens frames are adjustable, He teaches the cameras are on the lens frames, therefore the combination of Greenbaum and He also teaches a distance between the first camera and the second camera is adjustable) and the first camera (Fig. 3: camera 4) is used to shoot a first eye and the second camera (Fig. 3: camera 4. See Fig. II below) are used to shoot a second eye ([0037]: The initial reference pupil distance value and the initial reference value of the pupil boundary are obtained by an eye tracking device. [0037]: the eye tracking device comprises an infrared light source transmitter and a camera). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Greenbaum (WO 2014082023 A1) with the eye tracking module and cameras taught by He (CN 110502102 A) in order to view the eyes of the operator ([0037]: the eye tracking device comprises an infrared light source transmitter and a camera, wherein the infrared light source transmitter is located on the outer side wall of the sixth part of the shell and faces the direction of the eyes of the operator). Regarding claim 10, the combination Greenbaum (WO 2014082023 A1) and He (CN 110502102 A) teaches The eye tracking module according to claim 9. Greenbaum (WO 2014082023 A1) further teaches wherein the first positioning portion (Fig. 2: a post 65) is a positioning post ([0068]: a post and hole (65) fastening system in which a plurality of posts, positioned on the outside surface of the face mask portion correspond to holes, in the user-facing side of the display portion) Regarding claim 11, the combination Greenbaum (WO 2014082023 A1) and He (CN 110502102 A) teaches The eye tracking module according to claim 10. Greenbaum (WO 2014082023 A1) further teaches wherein the second positioning portion (Fig. 2: a hole 65) magnetically attracts the first positioning portion (Fig. 2: a post 65) ([0086]: each terminal surface of each hole further comprises a magnet of opposite polarity as the magnet on the terminal end of each post). Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greenbaum (WO 2014082023 A1) and He (CN 110502102 A) in view of Miller (US 10509466 B1). Regarding claim 3, the combination Greenbaum (WO 2014082023 A1) and He (CN 110502102 A) teaches The head-mounted display device according to claim 1. The combination Greenbaum (WO 2014082023 A1) and He (CN 110502102 A) does not teach the device further comprises a cable, electrically connected to the body and the eye tracking module. Miller (US 10509466 B1) teaches the device further comprises a cable (Fig. 1: cable 74), electrically connected (Col 4, line 12: electrically coupled) to the body (Fig. 1: glasses 31) and the eye tracking module (Fig. 1: cameras 68) (Col 7, lines 39-40: An eye-tracking sensor, such as one or more cameras 68) (Col 3, lines 23-25: Glasses 31 can include a computing device, such as computer 61, which can be of any suitable type so as to be carried by the frame. Col 4, lines 11-13: Each of the peripherals or sensors are electrically coupled to the computer 61 by any suitable means such as a conductive lead, trace or cable 74). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Greenbaum (WO 2014082023 A1) with the cable taught by Miller (US 10509466 B1) to connect the sensors to a computer for extracting meaningful data (Col 4, lines 61-64: this data can be sent to the computer 61 and the computing system of the computer can compute additional meaningful data from the input data sent from such sensors). Claim(s) 4, 5, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greenbaum (WO 2014082023 A1) and He (CN 110502102 A) in view of Drinkwater (US 20170082859 A1). Regarding claim 4, the combination Greenbaum (WO 2014082023 A1) and He (CN 110502102 A) teaches The head-mounted display device according to claim 1. The combination Greenbaum (WO 2014082023 A1) and He (CN 110502102 A) does not teach the device further comprises a distance extender, disposed on the side of the eye tracking module facing the user, wherein the face gasket is suitable for assembling to the distance extender, and the distance extender is located between the face gasket and the eye tracking module. Drinkwater (US 20170082859 A1) teaches the device further comprises a distance extender (Fig. 2: spacer frame 120), disposed on the side of the eye tracking module (Fig. 2: display unit 102), Greenbaum (WO 2014082023 A1) teaches a display unit comprising a means for eye-tracking, furthermore, Drinkwater display unit 102 is considered analogous to Greenbaum display portion 310, thus, display unit 102 is treated as an eye tracking module, facing the user ([0016]: By interchanging the face gasket and/or spacer frame of the facial interface assembly a user can set the distance between the lenses of the head mounted display and the user's face), wherein the face gasket (Fig. 2: face gasket 122) is suitable for assembling to the distance extender (Fig. 2: spacer frame 120) ([0021]: face gasket 122 removably attached to the spacer frame 120), and the distance extender (Fig. 2: spacer frame 120) is located between the face gasket (Fig. 2: face gasket 122) and the eye tracking module (Fig. 2: display unit 102) (See Fig. V below). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Greenbaum (WO 2014082023 A1) with the distance extender taught by Drinkwater (US 20170082859 A1) to control the distance between the display lenses and the user’s face ([0016]: By interchanging the face gasket and/or spacer frame of the facial interface assembly a user can set the distance between the lenses of the head mounted display and the user's face). PNG media_image5.png 688 830 media_image5.png Greyscale Fig. V: Drinkwater (US 20170082859 A1), Fig. 2: distance extender located in between the face gasket and display unit. Regarding claim 5, the combination Greenbaum (WO 2014082023 A1), He (CN 110502102 A), and Drinkwater (US 20170082859 A1) teaches The head-mounted display device according to claim 4. The combination Greenbaum (WO 2014082023 A1) and He (CN 110502102 A) does not teach wherein a number of the distance extender is multiple. Drinkwater (US 20170082859 A1) further teaches wherein a number of the distance extender (Fig. 2: spacer frame 120) is multiple ([0024]: the distance between a user's face and the head mounted display's housing 112 can be adjusted by… installing one of a plurality of spacer frames 120). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Greenbaum (WO 2014082023 A1) with the multiple distance extenders taught by Drinkwater (US 20170082859 A1) to allow the distance between the user’s face and the display to be adjusted ([0024]: the distance between a user's face and the head mounted display's housing 112 can be adjusted by… installing one of a plurality of spacer frames 120). Regarding claim 7, the combination Greenbaum (WO 2014082023 A1), He (CN 110502102 A), and Drinkwater (US 20170082859 A1) teaches The head-mounted display device according to claim 5. The combination Greenbaum (WO 2014082023 A1) and He (CN 110502102 A) does not teach wherein each of the distance extenders has a nose frame portion, and the contour of one side of each nose frame portion facing the eye tracking module is consistent with the contour of the other side facing away from the eye tracking module. Drinkwater (US 20170082859 A1) further teaches wherein each of the distance extenders (Fig. 8: spacer frame 120) has a nose frame portion (Fig. 8: bridge portion 152), and the contour of one side of each nose frame portion facing the eye tracking module (Fig. VI below: contour of facing side) is consistent with the contour of the other side facing away (Fig. VI below: contour of away side) from the eye tracking module (See Fig. VI below). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Greenbaum (WO 2014082023 A1) with the nose frame portion taught by Drinkwater (US 20170082859 A1) to correspond to the facial features of a user ([0024]: the facial interface assembly 110 can be contoured with multiple arcuate surfaces having one or more radii and/or compound radii configurations to generally correspond to the facial features of a user). PNG media_image6.png 621 689 media_image6.png Greyscale Fig VI: Drinkwater (US 20170082859 A1), Fig. 8: both sides facing towards and away from the eye tracking module have a consistent contour. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greenbaum (WO 2014082023 A1), He (CN 110502102 A), and Drinkwater (US 20170082859 A1) in view of Sullivan (US 10133305 B1). Regarding claim 6, the combination Greenbaum (WO 2014082023 A1), He (CN 110502102 A), and Drinkwater (US 20170082859 A1) teaches The head-mounted display device according to claim 5. The combination Greenbaum (WO 2014082023 A1), He (CN 110502102 A), and Drinkwater (US 20170082859 A1) does not teach wherein each of the distance extenders has a plurality of engaging pieces, and the contour of one side of each of the engaging pieces facing the eye tracking module is consistent with the contour of the other side facing away from the eye tracking module. Sullivan (US 10133305 B1) teaches wherein each of the distance extenders (Fig. 5: cushion layer 137) has a plurality of engaging pieces (Fig. 5: a user-side recess 148 and a display-side recess 160), and the contour (Fig. 5: recess 160) of one side of each of the engaging pieces facing the eye tracking module (See Fig. VII below) is consistent with the contour (Fig. 5: mounting protrusion 158) of the other side facing away from the eye tracking module (See Fig. VII below) (Col. 10, lines 36-42: When mounting protrusion 158 is disposed within display-side recess 160, protrusion end surface 170 of mounting protrusion 158 may be positioned adjacent to and/or abutting display-side-recess end surface 180 of cushion layer 137, and mounting surface 156 of mounting-member body 154 may be positioned adjacent to and/or abutting display-side surface 152 of cushion layer 137). The end surfaces of the mounting surfaces being adjacent to and abutting the recess end surfaces is evidence that their contours are consistent with each other. It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Greenbaum (WO 2014082023 A1) with the engaging pieces taught by Sullivan (US 10133305 B1) to better secure the distance extenders (Fig. 5: cushion layer 137) to the facial interface mounting member (Fig. 5: facial-interface mounting member 134) (Col. 9, lines 2-7: A portion of cushion layer 137 defining a display-side recess 160 may, for example, tightly surround the corresponding mounting protrusion 158 such that cushion layer 137 is secured (e.g., by frictional and/or compressive force) to facial-interface mounting member 134 at mounting protrusion 158). PNG media_image7.png 678 884 media_image7.png Greyscale Fig. VII: Sullivan (US 10133305 B1), Fig. 5: the contour (recess 160) of the distance extender on the side facing the eye tracking module is consistent with the contour (mounting protrusion 158) on the side facing away from the eye tracking module Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greenbaum (WO 2014082023 A1), He (CN 110502102 A), Drinkwater (US 20170082859 A1), and Sullivan (US 10133305 B1) in view of Durant (US 20170084208 A1). Regarding claim 8, the combination Greenbaum (WO 2014082023 A1), He (CN 110502102 A), and Drinkwater (US 20170082859 A1) teaches The head-mounted display device according to claim 5. The combination of Greenbaum (WO 2014082023 A1) and He (CN 110502102 A) does not teach wherein each of the distance extenders has a magnetic attraction portion for magnetically attracting the magnetic attraction portion of the other distance extenders, the distance extender near the eye tracking module is magnetically assembled to the eye tracking module, and the distance extender near the face gasket is magnetically assembled to the face gasket. Drinkwater (US 20170082859 A1) further teaches the distance extender (Fig. 2: spacer frame 120, comprising pins 128, and together form one portion of facial interface assembly 110) near the eye tracking module (Fig. 2: display unit 102) is magnetically assembled ([0022]: magnetic couplings) to the eye tracking module (Fig. 2: display unit 102) ([0022]: The pins 128 and the magnets 134 comprise magnetic couplings to help retain the facial interface assembly 110 in place on the housing). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Greenbaum (WO 2014082023 A1) with the magnetically assembled distance extender and eye tracking module taught by Drinkwater (US 20170082859 A1) to retain the facial interface on the housing ([0022]: The pins 128 and the magnets 134 comprise magnetic couplings to help retain the facial interface assembly 110 in place on the housing). The combination Greenbaum (WO 2014082023 A1), He (CN 110502102 A), and Drinkwater (US 20170082859 A1) does not teach wherein each of the distance extenders has a magnetic attraction portion for magnetically attracting the magnetic attraction portion of the other distance extenders, and the distance extender near the face gasket is magnetically assembled to the face gasket. Sullivan (US 10133305 B1) teaches the distance extender (Fig. 2: cushion layer 137) near the face gasket (Fig. 2: facial-interface cushion 136) is magnetically assembled to the face gasket (Col 5, lines 33-35: a cushion layer 137 that is coupled to facial-interface mounting member 134 by a magnetic force). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Greenbaum (WO 2014082023 A1), He (CN 110502102 A), and Drinkwater (US 20170082859 A1) with the magnetically assembled distance extender and face gasket taught by Sullivan (US 10133305 B1) to allow the face gasket to be removable (Col 1, lines 34-37: The detachable head-mounted-display cushion may also include a magnetic-coupling mechanism configured to removably attach the cushion layer to the mounting surface of the facial-interface system). The combination Greenbaum (WO 2014082023 A1), He (CN 110502102 A), Drinkwater (US 20170082859 A1), and Sullivan (US 10133305 B1) does not teach wherein each of the distance extenders has a magnetic attraction portion for magnetically attracting the magnetic attraction portion of the other distance extenders. Durant (US 20170084208 A1) teaches wherein each of the distance extenders (Fig. 24B: spacer 70) has a magnetic attraction portion (Fig. 17: magnet 30) ([0077]: at least one magnet 30 of the at least one spacer 70 can comprise one or more magnets that can be operatively associated with the outer edge 74 of the body 72) for magnetically attracting the magnetic attraction portion (Fig. 24B: recessed portion 78) ([0076]: recessed portion (receptacle) 78 configured to receive at least one magnet 30) of the other distance extenders (Fig. 24B: spacer 70, recessed portion 78). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Greenbaum (WO 2014082023 A1) with the magnetic distance extenders taught by Durant (US 20170084208 A1) to allow the distance extenders to be selectively positioned ([0079]: the spacers 70 can be selectively positioned adjacent any outer edge of the frames of the display). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maric (US20200400948A1) teaches about adjustable frame Fan ( US20200379263A1 )teaches n eye tracking apparatus and an eye tracking device, which are designed to improve the problem that the existing eye tracking apparatus based on a pupil-cornea reflection method is susceptible to ambient light interference. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PINPING SUN whose telephone number is (571)270-1284. The examiner can normally be reached 9-5. 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. 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. /PINPING SUN/Supervisory Patent Examiner, Art Unit 2872
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Prosecution Timeline

Show 1 earlier event
Oct 14, 2022
Response after Non-Final Action
Apr 09, 2025
Non-Final Rejection mailed — §103
Jun 16, 2025
Response Filed
Jul 31, 2025
Final Rejection mailed — §103
Sep 22, 2025
Response after Non-Final Action
Dec 26, 2025
Request for Continued Examination
Jan 15, 2026
Response after Non-Final Action
Jul 24, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+38.6%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 468 resolved cases by this examiner. Grant probability derived from career allowance rate.

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