Prosecution Insights
Last updated: April 18, 2026
Application No. 18/125,746

VIRTUAL, AUGMENTED OR MIXED REALITY INSTRUMENT TEACHING SYSTEM

Non-Final OA §102
Filed
Mar 24, 2023
Examiner
DONELS, JEFFREY
Art Unit
2837
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Simply Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
97%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
1115 granted / 1295 resolved
+18.1% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
19 currently pending
Career history
1314
Total Applications
across all art units

Statute-Specific Performance

§101
5.3%
-34.7% vs TC avg
§103
23.6%
-16.4% vs TC avg
§102
37.8%
-2.2% vs TC avg
§112
28.2%
-11.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1295 resolved cases

Office Action

§102
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. Claim Rejections - 35 USC § 102 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1 -4 , 7 -11 ,14 is/are rejected under 35 U.S.C. 102 (a)(1) as being fully met by Lehtonen et al (WO 2017/037342 A1) . Regarding Claims 1 ,8 , Lehtonen discloses a method with a processor 104 and memory storing instructions 106 for providing a user with information relating to the playing of a musical instrument, the method comprising: identifying at least one actionable engagement executed by the user with the musical instrument (Fig. 4; 404-410) ; receiving data 204a descriptive about at least one next actionable engagement of the user with the instrument (page 12 lines 32-37) ; and determining, based on the current actionable engagement and the next actionable engagement, transition information (hand and finger position reads on transition information; in piano playing, proper hand and finger position is information that is needed so as to make sure the user’s hand can play the next notes to be played) to be presented to the user for making a transition from the current actionable engagement to the next actionable engagement ( “advice and/or instructions” page 7 lines 11-24; page 15 lines 13 -29) . Regarding Claims 2 ,9 Lehtonen discloses displaying to the user the transition information (page 21 lines 16-23) . Regarding Claims 3 ,10 Lehtonen discloses evaluating the transition performed by the user (page 21 line 16 – page 22 line 31) . Regarding Claims 4 ,11 Lehtonen discloses transition information displayed as guidance symbols or hints (hand and finger position read as hints) . Regarding Claims 7 ,14 Lehtonen discloses the transition information includes a virtual body part (page 7, lines 12-14). Claim(s) 1, 5, 8 ,12 is/are rejected under 35 U.S.C. 102 (a)(1) as being fully met by Furuya et al (EP 3881910 A1). Regarding Claims 1,8, Furuya discloses a method with a processor 314 and memory storing instructions 340 for providing a user with information relating to the playing of a musical instrument, the method comprising: identifying at least one actionable engagement executed by the user with the musical instrument ( paras. 0017, 0036-0038 ); receiving data descriptive about at least one next actionable engagement of the user with the instrument ( para. 0017 ); and determining, based on the current actionable engagement and the next actionable engagement, transition information to be presented to the user for making a transition (e.g. keystroke speed, tempo) from the current actionable engagement to the next actionable engagement ( paras. 0049 - 0052 ). Regarding Claims 5,12 , Furuya discloses the transition information is displayed in overlay to body parts of the user and/or in overlay to the instrument played by the user (Fig. 28). Regarding Claim 6,13 Furuya discloses t he transition information includes the displaying of moving symbols for tracing by the user (Fig. 28) . Claim(s) 15-20 is/are rejected under 35 U.S.C. 102 (a)(2) as being fully met by Canberk et al (USP 11798429) . Regarding Claim 15 , Canberk discloses a system configured to provide a user with information relating to the playing of a musical instrument, the system comprising: a processor 540 ; and a memory 540A storing instructions executable by the processor to result in the execution of the following: presenting the user with instrument playing instructions to be executed by at least one user (Fig. 9) ; identifying, of the at least one user, at least one object expected to operably engage with the musical instrument for executing the instrument playing instructions (“detecting a hand shape ” Abstract) ; tracking movement of the identified at least one object (tracking the performer’s finger locations in real time” Abstract) ; and displaying to the user at least one assistive symbol 941, 950 at least partly in correspondence with the presented instrument playing instructions. Regarding Claim 16 , Canberk discloses the at least one assistive symbol 941, 950 is displayed in a virtual environment, mixed environment or in an augmented environment in overlay with the at least one identified object (Fig. 9) . Regarding Claim 17 , Canberk discloses the at least one object (hand, fingers) is a real-world body part viewable by the user via a see-through display (Fig. 9) , or a virtual representation of the real-world body part of the user. Regarding Claim 18 , Canberk discloses the assistive symbol 941, 950 is displayed in overlay with a corresponding at least one object to guide the user how to operably engage with the musical instrument (Fig. 9) . Regarding Claim 19 , Canberk discloses identifying operable engagement of the at least one object with the musical instrument (Fig. 11) ; determining a level of correspondence between the operable engagement of the at least one object and the received playing instructions 1106 ; and displaying the assistive symbol (failure indicator) in accordance with the determined level of correspondence 1108 . Regarding Claim 20 , Canberk discloses identify ing a mismatch event where the level of correspondence does not meet a performance success criterion for playing the musical instrument 1108 ; and displaying an updated assistive symbol for providing the user with guidance on how to engage the object with the musical instrument to prevent recurrence of the mismatch event (“failure indicator may be presented near the simulated actuator location where the error occurred” (col. 28 line 36) . Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited show related teachings in the art . 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, FILLIN "SPE Name?" \* MERGEFORMAT Dedei Hammond can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 270-7938 . 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. FILLIN "Examiner Stamp" \* MERGEFORMAT JEFFREY . DONELS Examiner Art Unit 2837 /JEFFREY DONELS/ Primary Examiner, Art Unit 2837
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Prosecution Timeline

Mar 24, 2023
Application Filed
Mar 20, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

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

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
97%
With Interview (+10.7%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1295 resolved cases by this examiner. Grant probability derived from career allow rate.

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