Prosecution Insights
Last updated: April 19, 2026
Application No. 18/339,089

Displays with Lightening and Darkening Effects

Non-Final OA §103
Filed
Jun 21, 2023
Examiner
BILODEAU, DUSTIN E
Art Unit
2664
Tech Center
2600 — Communications
Assignee
Apple Inc.
OA Round
2 (Non-Final)
88%
Grant Probability
Favorable
2-3
OA Rounds
3y 3m
To Grant
93%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
71 granted / 81 resolved
+25.7% vs TC avg
Moderate +5% lift
Without
With
+5.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
30 currently pending
Career history
111
Total Applications
across all art units

Statute-Specific Performance

§101
8.9%
-31.1% vs TC avg
§103
75.7%
+35.7% vs TC avg
§102
9.9%
-30.1% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 81 resolved cases

Office Action

§103
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 . Response to Arguments Applicant’s response to the last Office Action, filed 11/21/2025, has been entered and made of record. Applicant has amended claims 1, 13, 18, and 19. Claims 1-21 are currently pending. Applicant's arguments filed 1/26/2024, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Bapst (U.S. Patent Pub. No. 2012/0200587). Applicant's arguments filed 1/26/2024, with respect to the rejection of claim 13 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Imhof (U.S. Patent Pub. No. 2011/0002194). Applicant's arguments filed 1/26/2024, with respect to the rejection of claim 19 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Blanco (U.S. Patent Pub. No. 2013/0063445). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Bapst (U.S. Patent Pub. No. 2012/0200587) in view of Tamatam (U.S. Patent No. 10257487). Regarding Claim 1, Bapst teaches a method of operating a display, comprising: rendering one or more layers of one or more elements (¶50 initially content is received (e.g., from a web application) that includes a plurality of subcomponents (e.g., background objects and foreground objects)(Block 400), and each of the subcomponents are rendered (e.g., by rendering components 108, 208)(Block 402)), wherein a first element in the one or more elements is encoded with a lightening or darkening effect (¶51 As shown in FIG. 4, an assessment is optionally made as to whether an anticipated power consumption of a web page in its source format will exceed a threshold (Block 404); ¶52 if the anticipated power consumption exceeds a threshold (Block 404), a subcomponent with a larger color surface than other ones of the subcomponents (e.g., the background or potentially backgrounds) are darkened and other subcomponents are selectively adjusted (e.g., so as to improve the relative contrast between the darkened subcomponent and the other subcomponents)(Block 406);) compositing the one or more layers of one or more elements to create a first composite (¶52 then the subcomponents are composited into a web view (Block 410);) compositing the first composite with the background layer causes the lightening or darkening effect of the first element to be applied locally (¶26 the selective object adjustment component 104 darkens one or more subcomponents (e.g., background objects) so that when the web page is displayed (after compositing), the display consumes less power. For example, most often (but not always) web pages (like the web page depicted in FIG. 8) are designed with backgrounds that are white or relatively light, and in many instances these backgrounds may be inverted (e.g., from white to black) or substantially darkened (e.g., from a lighter shade to a darker shade). And at the same time, the selective object adjustment component 104 adjusts foreground objects (e.g., by inverting the objects or lightening the objects) that are positioned on top of the background(s) so that the objects have an acceptable contrast relative to the inverted or darkened background(s)) displaying the second composite on the display (¶52 the web view is displayed (Block 412).) Bapst does not explicitly disclose the following compositing the first composite with a background layer to create a second composite, wherein compositing the first composite with the background layer causes the lightening or darkening effect to be applied to the background layer. Tamatam is in the same field of art of image analysis. Further, Tamatam teaches compositing the first composite with a background layer to create a second composite, wherein compositing the first composite with the background layer causes the lightening or darkening effect to be applied to the background layer (Claim 12: retrieve a foreground layer of the application associated with the multiple layers from the at least one internal memory, and composite the retrieved foreground layer and the generated second pixel data of the constant color for the background layer for display.) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Bapst by compositing the composite with a background layer to apply the effect that is taught by Tamatam; thus, one of ordinary skilled in the art would be motivated to combine the references in order to decrease bandwidth and processor usage (Tamatam abstract). Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Regarding Claim 2, Bapst in view of Tamatam discloses the method defined in claim 1, wherein the one or more elements are one or more user interface elements, wherein the first element is a first user interface element (Bapst, ¶24 The rendering component 108 generally functions to receive web page content from a web application,) and wherein the first composite is a user interface composite (Bapst, ¶25 in a typical browser engine, the composition component 106 receives the rasterized objects from the rendering component 108 (i.e., subcomponents that have not been contrast-adjusted) and composites the objects in their source format, to render a composite, web view of the page as depicted in FIG. 8.) Regarding Claim 3, Bapst in view of Tamatam discloses the method defined in claim 2, wherein rendering the one or more layers of one or more user interface elements comprises rendering the one or more layers of one or more user interface elements in response to a change to a user interface including the one or more user interface elements (Tamatam Col 8 Lines 33-38: to process the video for display, display processor 54 of device 50 may fetch, from system memory 56, both the foreground video layer (e.g., one of foreground video layers 6, 12, or 18) and the background layer (e.g., one of background layers 4, 10, or 16) to send to display hardware in display processor 54 to be composited for display; Col 15 Lines 24-27: display processor 54 may determine that background layer 84 is changing from frame to frame. Where background layer 84 is determined, by display processor 54, to be changing (or has recently changed)) and wherein compositing the one or more layers of one or more user interface elements to create the user interface composite comprises compositing the one or more layers of one or more user interface elements to create the user interface composite in response to the change to the user interface including the one or more user interface elements (Tamatam, Col 15 Lines 15-23: Display software compositor (e.g., compositor 72) may determine whether the layer has changed (e.g., is a constant color). Compositor 72 may drop background layer 84 from the composition cycle so that display hardware 74 will not fetch background layer 84 from system memory 56. Compositor 72 may program display hardware 74 with the constant color received as feedback, and display hardware 74 may generate the pixel(s) for the background layer.) Regarding Claim 4, Bapst in view of Tamatam discloses the method defined in claim 3, wherein compositing the user interface composite with the background layer comprises repeatedly compositing the user interface composite with the background layer at a frequency (Tamatam, Col 8 Lines 32-38: to process the video for display, display processor 54 of device 50 may fetch, from system memory 56, both the foreground video layer (e.g., one of foreground video layers 6, 12, or 18) and the background layer (e.g., one of background layers 4, 10, or 16) to send to display hardware in display processor 54 to be composited for display; Col 16 Lines 37-49: The rate at which display processor 54 refreshes the image content displayed on display panel 58 is referred to as the display refresh rate. Examples of the display refresh rate include 30 frames per second (fps), 60 fps, 120 fps, or potentially any number of frames per second. For examples where display panel 58 is a video mode panel, having an N fps means that display processor 54 is continuously updating display panel 58 via display interface 78 such that after every 1/N seconds, display panel 58 is refreshed with one entire frame. Continuously refreshing or updating display panel 58 may include refreshing or updating display panel 58 after each frame or, in other examples, after N frames, or M seconds, e.g., 2 frames, 15, frames, 0.1 seconds, etc.) Regarding Claim 5, Bapst in view of Tamatam discloses the method defined in claim 4, wherein the frequency is equal to a frame rate for the display (Tamatam, Col 16 Lines 37-49: The rate at which display processor 54 refreshes the image content displayed on display panel 58 is referred to as the display refresh rate. Examples of the display refresh rate include 30 frames per second (fps), 60 fps, 120 fps, or potentially any number of frames per second. For examples where display panel 58 is a video mode panel, having an N fps means that display processor 54 is continuously updating display panel 58 via display interface 78 such that after every 1/N seconds, display panel 58 is refreshed with one entire frame. Continuously refreshing or updating display panel 58 may include refreshing or updating display panel 58 after each frame or, in other examples, after N frames, or M seconds, e.g., 2 frames, 15, frames, 0.1 seconds, etc.) Regarding Claim 6, Bapst in view of Tamatam discloses the method defined in claim 4, wherein the background layer comprises a video feed and wherein the frequency is equal to a frame rate for the video feed (Tamatam, Col 16 Lines 37-49: The rate at which display processor 54 refreshes the image content displayed on display panel 58 is referred to as the display refresh rate. Examples of the display refresh rate include 30 frames per second (fps), 60 fps, 120 fps, or potentially any number of frames per second. For examples where display panel 58 is a video mode panel, having an N fps means that display processor 54 is continuously updating display panel 58 via display interface 78 such that after every 1/N seconds, display panel 58 is refreshed with one entire frame. Continuously refreshing or updating display panel 58 may include refreshing or updating display panel 58 after each frame or, in other examples, after N frames, or M seconds, e.g., 2 frames, 15, frames, 0.1 seconds, etc.) Claims 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Bapst (U.S. Patent Pub. No. 2012/0200587) in view of Tamatam (U.S. Patent No. 10257487) in view of Pan (U.S. Patent Pub. No. 2016/0328633). Regarding Claim 7, Bapst in view of Tamatam teaches the method of claim 1. Bapst in view of Tamatam does not explicitly disclose wherein compositing the one or more layers of one or more elements comprises compositing the one or more layers of one or more elements from back to front. Pan is in the same field of art of image analysis. Further, Pan teaches wherein compositing the one or more layers of one or more elements comprises compositing the one or more layers of one or more elements from back to front (¶47 as shown in FIG. 1B, the two bottom layers 105 and 104 are selected and composited together, using the associated Porter and Duff operators. This result is stored in a frame buffer 106. In a next step, as shown in FIG. 1C, the content of the frame buffer 106 is then composited with the next highest layer 103 and the result placed into the frame buffer 106 thereby updating the buffer. This process is then successively repeated, as shown in FIG. 1D and FIG. 1E. In each step, the content of the frame buffer is composited with the next highest layer.) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Bapst in view of Tamatam by compositing the layers back to front that is taught by Pan; thus, one of ordinary skilled in the art would be motivated to combine the references for more efficient computing (Pan ¶10). Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Regarding Claim 11, Bapst in view of Tamatam in view of Pan discloses the method defined in claim 1, wherein compositing the first composite with the background layer comprises compositing the first composite with the background layer using a premultiplied source-over composite (Pan,¶58 The two-layer Porter and Duff compositing operations consist of two operations, namely an operation which calculates the accumulated opacity of the two layers (1), and an operation which calculates the pre-multiplied result colour value of the two layers (2). Equations (1) and (2) are the two basic Porter and Duff compositing operations which are well understood by those skilled in the art.) Claims 8-10, 13-16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bapst (U.S. Patent Pub. No. 2012/0200587) in view of Tamatam (U.S. Patent No. 10257487) in view of Pan (U.S. Patent Pub. No. 2016/0328633) in view of Imhof (U.S. Patent Pub. No. 2011/0002194). Regarding Claim 8, Bapst in view of Tamatam teaches the method of claim 1. Bapst in view of Tamatam does not explicitly disclose wherein the first element is encoded with an opacity of 0 and at least one non-zero gray level. Pan is in the same field of art of image analysis. Further, Pan teaches wherein the first element at least one non-zero gray level (Pan, ¶177 when the equations (9) and (10) are equal to zero this means that the group layer opacity is 100% and the background layer of the group has no contribution at all to the result. An alternate evaluation of group layer opacity is that instead of equations (9) and (10) being equivalent to 0, equations (9) and (10) need only be less than some pre-determined value such that the group layer opacity is some percentage substantially equivalent to being opaque, ie being greater than a pre-determined threshold, such that the background layer of the group has no visual contribution to the result.) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Bapst in view of Tamatam by encoding with a non-zero gray level that is taught by Pan; thus, one of ordinary skilled in the art would be motivated to combine the references for more efficient computing (Pan ¶10). Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Imhoff is in the same field of art of image analysis. Further, Imhoff teaches wherein the first element is encoded with an opacity of 0 (¶226 full transparency may be encoded by a value of zero, full opacity with a value of one, and values between zero and one correspond to various degrees of semi transparency.) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Bapst in view of Tamatam by encoding with an opacity of 0 that is taught by Imhof; thus, one of ordinary skilled in the art would be motivated to combine the references for more efficient computing (Imhof ¶225). Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Regarding Claim 9, Bapst in view of Tamatam in view of Pan in view of Imhof discloses the method defined in claim 8, wherein the at least one non-zero gray level comprises a positive gray level and wherein the first element is encoded with the lightening effect (Bapst, ¶33 a color table is accessed during composition and after a determination is made to darken background(s) and lighten foreground objects to arrive at an acceptable combination of contrast and/or color combinations ... Note that this composition mode can be utilized either when inverting or darkening. In the case of the e-book example, inverting will convert white background to black and black text to white, and this generally produces the largest power savings. However, it also produces the most extreme visual difference from the source, but the visual quality can be enforced by careful consideration of the color tables so the best color font is put on a background with a particular shade of gray, for example.) Regarding Claim 10, Bapst in view of Tamatam in view of Pan in view of Imhof discloses the method defined in claim 8, wherein the at least one non-zero gray level comprises a negative gray level and wherein the first element is encoded with the darkening effect (Bapst, ¶33 a color table is accessed during composition and after a determination is made to darken background(s) and lighten foreground objects to arrive at an acceptable combination of contrast and/or color combinations ... Note that this composition mode can be utilized either when inverting or darkening. In the case of the e-book example, inverting will convert white background to black and black text to white, and this generally produces the largest power savings. However, it also produces the most extreme visual difference from the source, but the visual quality can be enforced by careful consideration of the color tables so the best color font is put on a background with a particular shade of gray, for example. ) Regarding Claim 13, Bapst teaches a method of operating a display, comprising: rendering a layer for the display that includes an element (¶50 initially content is received (e.g., from a web application) that includes a plurality of subcomponents (e.g., background objects and foreground objects)(Block 400), and each of the subcomponents are rendered (e.g., by rendering components 108, 208)(Block 402)) that is encoded with a darkening effect; and (¶51 As shown in FIG. 4, an assessment is optionally made as to whether an anticipated power consumption of a web page in its source format will exceed a threshold (Block 404); ¶52 if the anticipated power consumption exceeds a threshold (Block 404), a subcomponent with a larger color surface than other ones of the subcomponents (e.g., the background or potentially backgrounds) are darkened and other subcomponents are selectively adjusted (e.g., so as to improve the relative contrast between the darkened subcomponent and the other subcomponents)(Block 406);) Bapst does not explicitly disclose wherein the element is encoded with an opacity of 0; compositing the rendered layer with at least one additional layer by applying the darkening effect to the at least one additional layer based on relative depth between the rendered layer and the at least one additional layer. Tamatam is in the same field of art of image analysis. Further, Tamatam teaches compositing the rendered layer with at least one additional layer by applying the darkening effect to the at least one additional layer (Claim 12: retrieve a foreground layer of the application associated with the multiple layers from the at least one internal memory, and composite the retrieved foreground layer and the generated second pixel data (darkened) of the constant color for the background layer for display.) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Bapst by compositing the composite with a background layer to apply the effect that is taught by Tamatam; thus, one of ordinary skilled in the art would be motivated to combine the references in order to decrease bandwidth and processor usage (Tamatam abstract). Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Pan is in the same field of art of image analysis. Further, Pan teaches processing based on relative depth between the rendered layer and the at least one additional layer (Pan ¶126 It is important however, that the layer group instructions are scheduled such that instructions in lower (depth) or background layer groups are given priority over instructions in foreground layer groups.) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Bapst in view of Tamatam by processing based on depth between layers that is taught by Pan; thus, one of ordinary skilled in the art would be motivated to combine the references for more efficient computing (Pan ¶10). Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Imhoff is in the same field of art of image analysis. Further, Imhoff teaches wherein the first element is encoded with an opacity of 0 (¶226 full transparency may be encoded by a value of zero, full opacity with a value of one, and values between zero and one correspond to various degrees of semi transparency.) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Bapst in view of Tamatam by encoding with an opacity of 0 that is taught by Imhof; thus, one of ordinary skilled in the art would be motivated to combine the references for more efficient computing (Imhof ¶225). Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Regarding Claim 14, Bapst in view of Tamatam in view of Pan in view of Imhof discloses the method defined in claim 13, wherein the at least one additional layer comprises a background layer, wherein the layer is a user interface layer (Bapst, ¶54 if the anticipated power consumption of the adjustable pixel area exceeds the threshold, a subcomponent with a larger color surface than other subcomponents (e.g., background or potentially backgrounds) is darkened and other subcomponents are selectively adjusted (Block 514), and then the subcomponents are composited into a web view (Block 518), and the web view is displayed (Block 520),) and the element is a user interface element (Bapst, ¶24 The rendering component 108 generally functions to receive web page content from a web application.) Regarding Claim 15, Bapst in view of Tamatam in view of Pan in view of Imhof discloses the method defined in claim 14, wherein rendering the user interface layer comprises rendering the user interface layer in response to a change to the user interface layer (Tamatam Col 8 Lines 33-38: to process the video for display, display processor 54 of device 50 may fetch, from system memory 56, both the foreground video layer (e.g., one of foreground video layers 6, 12, or 18) and the background layer (e.g., one of background layers 4, 10, or 16) to send to display hardware in display processor 54 to be composited for display; Col 15 Lines 24-27: display processor 54 may determine that background layer 84 is changing from frame to frame. Where background layer 84 is determined, by display processor 54, to be changing (or has recently changed)) and wherein compositing the rendered layer with the at least one additional layer comprises repeatedly compositing the rendered layer with the at least one additional layer at a frequency (Tamatam, Col 8 Lines 32-38: to process the video for display, display processor 54 of device 50 may fetch, from system memory 56, both the foreground video layer (e.g., one of foreground video layers 6, 12, or 18) and the background layer (e.g., one of background layers 4, 10, or 16) to send to display hardware in display processor 54 to be composited for display; Col 16 Lines 37-49: The rate at which display processor 54 refreshes the image content displayed on display panel 58 is referred to as the display refresh rate. Examples of the display refresh rate include 30 frames per second (fps), 60 fps, 120 fps, or potentially any number of frames per second. For examples where display panel 58 is a video mode panel, having an N fps means that display processor 54 is continuously updating display panel 58 via display interface 78 such that after every 1/N seconds, display panel 58 is refreshed with one entire frame. Continuously refreshing or updating display panel 58 may include refreshing or updating display panel 58 after each frame or, in other examples, after N frames, or M seconds, e.g., 2 frames, 15, frames, 0.1 seconds, etc.) Regarding Claim 16, Bapst in view of Tamatam in view of Pan in view of Imhof discloses the method defined in claim 15, wherein the frequency is equal to a frame rate for the display (Tamatam, Col 16 Lines 37-49: The rate at which display processor 54 refreshes the image content displayed on display panel 58 is referred to as the display refresh rate. Examples of the display refresh rate include 30 frames per second (fps), 60 fps, 120 fps, or potentially any number of frames per second. For examples where display panel 58 is a video mode panel, having an N fps means that display processor 54 is continuously updating display panel 58 via display interface 78 such that after every 1/N seconds, display panel 58 is refreshed with one entire frame. Continuously refreshing or updating display panel 58 may include refreshing or updating display panel 58 after each frame or, in other examples, after N frames, or M seconds, e.g., 2 frames, 15, frames, 0.1 seconds, etc.) Regarding Claim 18, Bapst in view of Tamatam in view of Pan in view of Imhof discloses the method defined in claim 15, wherein the element is encoded with an opacity of 0 (Pan, ¶177 when the equations (9) and (10) are equal to zero this means that the group layer opacity is 100% and the background layer of the group has no contribution at all to the result. An alternate evaluation of group layer opacity is that instead of equations (9) and (10) being equivalent to 0, equations (9) and (10) need only be less than some pre-determined value such that the group layer opacity is some percentage substantially equivalent to being opaque, ie being greater than a pre-determined threshold, such that the background layer of the group has no visual contribution to the result) and at least one negative gray level (Bapst ¶33 a color table is accessed during composition and after a determination is made to darken background(s) and lighten foreground objects to arrive at an acceptable combination of contrast and/or color combinations ... Note that this composition mode can be utilized either when inverting or darkening. In the case of the e-book example, inverting will convert white background to black and black text to white, and this generally produces the largest power savings. However, it also produces the most extreme visual difference from the source, but the visual quality can be enforced by careful consideration of the color tables so the best color font is put on a background with a particular shade of gray, for example.) Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bapst (U.S. Patent Pub. No. 2012/0200587) in view of Tamatam (U.S. Patent No. 10257487) in view of Schwartz (U.S. Patent Pub. No. 2020/0267441). Regarding Claim 12, Bapst in view of Tamatam teaches the method of claim 1. Bapst in view of Tamatam does not explicitly disclose wherein the background layer comprises a video feed. Schwartz is in the same field of art of image analysis. Further, Schwartz teaches wherein the background layer comprises a video feed (¶4 The process includes generating a composite video feed customized to the one or more user-specific characteristics including by matching at least corresponding portions of the one or more data elements to corresponding portions of the background video feed, and displaying the composite video feed on a display device of the client device.) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Bapst in view of Tamatam by using a video as the background layer that is taught by Schwartz; thus, one of ordinary skilled in the art would be motivated to combine the references in order to create a user specific composite (Schwartz ¶4). Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Bapst (U.S. Patent Pub. No. 2012/0200587) in view of Tamatam (U.S. Patent No. 10257487) in view of Pan (U.S. Patent Pub. No. 2016/0328633) in view of Imhof (U.S. Patent Pub. No. 2011/0002194) in view of Schwartz (U.S. Patent Pub. No. 2020/0267441). Regarding Claim 17, Bapst in view of Tamatam in view of Pan in view of Imhof teaches the method of claim 15, wherein the frequency is equal to a frame rate for the video feed (Tamatam, Col 16 Lines 37-49: The rate at which display processor 54 refreshes the image content displayed on display panel 58 is referred to as the display refresh rate. Examples of the display refresh rate include 30 frames per second (fps), 60 fps, 120 fps, or potentially any number of frames per second. For examples where display panel 58 is a video mode panel, having an N fps means that display processor 54 is continuously updating display panel 58 via display interface 78 such that after every 1/N seconds, display panel 58 is refreshed with one entire frame. Continuously refreshing or updating display panel 58 may include refreshing or updating display panel 58 after each frame or, in other examples, after N frames, or M seconds, e.g., 2 frames, 15, frames, 0.1 seconds, etc.) Bapst in view of Tamatam in view of Pan in view of Imhof does not explicitly disclose wherein the at least one additional layer comprises a video feed. Schwartz is in the same field of art of image analysis. Further, Schwartz teaches wherein the at least one additional layer comprises a video feed (¶4 The process includes generating a composite video feed customized to the one or more user-specific characteristics including by matching at least corresponding portions of the one or more data elements to corresponding portions of the background video feed, and displaying the composite video feed on a display device of the client device.) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Bapst in view of Tamatam in view of Pan in view of Imhof by using a video as the background layer that is taught by Schwartz; thus, one of ordinary skilled in the art would be motivated to combine the references in order to create a user specific composite (Schwartz ¶4). Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Claims 19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Bapst (U.S. Patent Pub. No. 2012/0200587) in view of Tamatam (U.S. Patent No. 10257487) in view of Blanco (U.S. Patent Pub. No. 2013/0063445). Regarding Claim 19, Bapst teaches a method of operating a display, the method comprising: rendering one or more layers of one or more user interface elements (¶50 initially content is received (e.g., from a web application) that includes a plurality of subcomponents (e.g., background objects and foreground objects)(Block 400), and each of the subcomponents are rendered (e.g., by rendering components 108, 208)(Block 402)) for the user interface; and (Bapst, ¶24 The rendering component 108 generally functions to receive web page content from a web application) compositing the one or more layers of one or more user interface elements to form a first composite; and (¶52 then the subcomponents are composited into a web view (Block 410);) Bapst does not explicitly disclose in response to a change to a user interface, at a first frequency; repeatedly, at a second frequency that is different from the first frequency and is greater than 1 Hz: compositing the first composite; compositing the first composite with a background layer to form a second composite; and displaying the second composite Tamatam is in the same field of art of image analysis. Further, Tamatam teaches a method of operating a display, the method comprising: in response to a change to a user interface (Tamatam, Col 8 Lines 33-38: to process the video for display, display processor 54 of device 50 may fetch, from system memory 56, both the foreground video layer (e.g., one of foreground video layers 6, 12, or 18) and the background layer (e.g., one of background layers 4, 10, or 16) to send to display hardware in display processor 54 to be composited for display; Col 15 Lines 24-27: display processor 54 may determine that background layer 84 is changing from frame to frame. Where background layer 84 is determined, by display processor 54, to be changing (or has recently changed)) compositing the first composite with a background layer to form a second composite; and displaying the second composite (Claim 12: retrieve a foreground layer of the application associated with the multiple layers from the at least one internal memory, and composite the retrieved foreground layer and the generated second pixel data of the constant color for the background layer for display.) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Bapst by compositing the composite with a background layer to apply the effect that is taught by Tamatam; thus, one of ordinary skilled in the art would be motivated to combine the references in order to decrease bandwidth and processor usage (Tamatam abstract). Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Blanco is in the same field of art of image analysis. Further, Blanco teaches repeatedly, at a second frequency that is different from the first frequency and is greater than 1 Hz: compositing the first composite (¶42 he global composition engine 114 may then mange priority of how elements from the different sources are rendered by the composition engine 116, which is given a high priority to ensure that the rendering occurs. For example, the global composition system 114 may manage which elements are updated, a frequency at which this update occurs (e.g., to switch from 60 Hz to 30 Hz), and so on.) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Bapst by compositing at a different frequency than the interface that is taught by Blanco; thus, one of ordinary skilled in the art would be motivated to combine the references to help promote availability of resources of the computing device (Blanco ¶)42. Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Regarding Claim 21, Bapst in view of Tamatam in view of Blanco discloses the method defined in claim 19, wherein the one or more user interface elements comprises a user interface element (Bapst, ¶24 The rendering component 108 generally functions to receive web page content from a web application) that is encoded with a lightening or darkening effect and wherein compositing the first composite with the background layer to form the second composite causes the lightening or darkening effect to be applied to the background layer (Bapst, ¶54 if the anticipated power consumption of the adjustable pixel area exceeds the threshold, a subcomponent with a larger color surface than other subcomponents (e.g., background or potentially backgrounds) is darkened and other subcomponents are selectively adjusted (Block 514), and then the subcomponents are composited into a web view (Block 518), and the web view is displayed (Block 520).) Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Bapst (U.S. Patent Pub. No. 2012/0200587) in view of Tamatam (U.S. Patent No. 10257487) in view of Blanco (U.S. Patent Pub. No. 2013/0063445) in view of Schwartz (U.S. Patent Pub. No. 2020/0267441). Regarding Claim 20, Bapst in view of Tamatam in view of Blanco teaches the method of claim 19. Bapst in view of Tamatam in view of Blanco does not explicitly disclose wherein the background layer comprises a video feed. Schwartz is in the same field of art of image analysis. Further, Schwartz teaches wherein the background layer comprises a video feed (¶4 The process includes generating a composite video feed customized to the one or more user-specific characteristics including by matching at least corresponding portions of the one or more data elements to corresponding portions of the background video feed, and displaying the composite video feed on a display device of the client device.) Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Bapst in view of Tamatam in view of Blanco by using a video as the background layer that is taught by Schwartz; thus, one of ordinary skilled in the art would be motivated to combine the references in order to create a user specific composite (Schwartz ¶4). Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUSTIN BILODEAU whose telephone number is (571)272-1032. The examiner can normally be reached 9am-5pm. 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, Jennifer Mehmood can be reached at (571) 272-2976. 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. /DUSTIN BILODEAU/Examiner, Art Unit 2664 /JENNIFER MEHMOOD/Supervisory Patent Examiner, Art Unit 2664
Read full office action

Prosecution Timeline

Jun 21, 2023
Application Filed
Aug 06, 2024
Response after Non-Final Action
Aug 27, 2025
Non-Final Rejection — §103
Nov 19, 2025
Examiner Interview Summary
Nov 19, 2025
Applicant Interview (Telephonic)
Nov 21, 2025
Response Filed
Feb 02, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12602802
ELECTRONIC DEVICE FOR GENERATING DEPTH MAP AND OPERATING METHOD THEREOF
2y 5m to grant Granted Apr 14, 2026
Patent 12597293
System and Method for Authoring Human-Involved Context-Aware Applications
2y 5m to grant Granted Apr 07, 2026
Patent 12592084
APPARATUS, METHOD, AND COMPUTER PROGRAM FOR IDENTIFYING STATE OF LIGHTING
2y 5m to grant Granted Mar 31, 2026
Patent 12591959
METHOD, APPARATUS, AND DEVICE FOR PROCESSING IMAGE, AND STORAGE MEDIUM
2y 5m to grant Granted Mar 31, 2026
Patent 12581041
INFORMATION PROCESSING APPARATUS, INFORMATION PROCESSING METHOD, PROGRAM, AND INFORMATION COLLECTION SYSTEM
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

2-3
Expected OA Rounds
88%
Grant Probability
93%
With Interview (+5.2%)
3y 3m
Median Time to Grant
Moderate
PTA Risk
Based on 81 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month