Prosecution Insights
Last updated: October 02, 2026
Application No. 18/342,527

HEAD-MOUNTABLE ELECTRONIC DEVICE SPACER

Non-Final OA §102§103
Filed
Jun 27, 2023
Priority
Jun 30, 2022 — provisional 63/367,472
Examiner
SRIDHAR, SAMANVITHA
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Apple Inc.
OA Round
3 (Non-Final)
62%
Grant Probability
Moderate
3-4
OA Rounds
3m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
59 granted / 96 resolved
-6.5% vs TC avg
Strong +32% interview lift
Without
With
+31.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
33 currently pending
Career history
122
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
41.2%
+1.2% vs TC avg
§102
24.2%
-15.8% vs TC avg
§112
27.2%
-12.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 96 resolved cases

Office Action

§102 §103
DETAILED ACTION Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/30/2026 has been entered. Response to Remarks Applicant’s remarks (see pgs. 7-8 of Remarks filed 07/01/2026) regarding the prior art rejection of the claims have been fully considered but are moot upon further consideration because the new grounds of rejection in light of a change of statutory basis and/or in light of Min’s teachings are necessitated by the Applicant’s amendments (on 07/01/2026), as detailed further below. 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. Claims 1-2 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Min (US 2020/0319469 A1). Regarding Claim 1, Min discloses: A head-mountable device (¶0007; FIG. 7) comprising: a display portion including a housing and a display (¶0007, 0054, 0086, 0092: a main body 110/210 including a main display 112/212 on the front surface thereof and a virtual reality display on the rear surface thereof…the main body 110/210 [housing] may be rotatably mounted within the main frame 115/215); a light seal extending from the housing and including a contact surface offset from the housing by a distance (see e.g., FIG. 15 showing light seal 240 extending from the housing 210; ¶0015, 0104: Both ends of the light blocking screen 140/240 are fastened to the main frame 115/215 and ocular plate 120/220 to form a darkroom inside); and an adjustment mechanism configured to alter the distance (¶0011, 0057, 0097: a distance adjustment member 130/230 may include a plurality of screen boxes configured to slide backward and be fixed while being laid over each other and may implement the light blocking screen function); the adjustment mechanism comprising a foot connected to a frame via a first mechanism at a first end of the foot and a second mechanism at a second end of the foot, wherein: the first mechanism is pivotably coupled to the foot; and the second mechanism is a variable length mechanism (¶0097: the distance adjustment member 231 includes first links 232 and second links 234 configured such that each of the first links 232 and a corresponding one of the second links 234 are connected to each other. The outer ends of the first links 232 [foot] are rotatably connected to the main frame 215 [frame]; ¶0098, 0100: a first link 232 may be provided to be adjusted and fixed in length [variable length mechanism]…the first links 232 and the second links 234 move the ocular plate 220 between an extended state and a retracted state while being spread in rectilinear shapes or bent in V shapes [pivotably coupled to foot]; see FIGS. 14-16 showing adjustment mechanism 230 from different views and in motion). Regarding Claim 2, Min discloses the head-mountable device according to Claim 1, as above. Min further discloses: the light seal comprising a compliant sheath defining an internal volume (¶0104: the light blocking screen 240 is formed in a bellows shape. Both ends of the light blocking screen 240 are fastened to the main frame 215 and the ocular plate 220, respectively, and thus a substantially complete darkroom is formed; see FIG. 15). Regarding Claim 4, Min discloses the head-mountable device according to Claim 3, as above. Min further discloses: further comprising the frame coupled to the housing (¶0081, 0092, 0103, 0113: the ocular plate is mounted at the rear end of the screen and distance adjustment member, in which case a substantially blocked space may be also formed between the main body and the ocular plate through the extension of the screen boxes…each including the first link 132 and the second link 134, connect the ocular plate 120 to the four corners of the main body 110; see FIG. 14 showing the frame 215 coupling to the housing 210), wherein the foot connects to the frame and an angle of the foot relative to the frame is adjustable (¶0097: the first links 232 and the second links 234 move the ocular plate 220 between an extended state and a retracted state while being spread in rectilinear shapes or bent in V shapes…the outer ends of the first links 232 [foot] are rotatably connected to the main frame 215; see FIG. 14 showing adjustable angle of foot 232 relative to frame 215). Regarding Claim 5, Min discloses the head-mountable device according to Claim 1, as above. Min further discloses: wherein: the housing defines an external surface of the display portion; the housing is coupled to the frame; and the adjustment mechanism is coupled to the frame (¶0097, 0057; see FIGS 13-15 showing housing 210 defining an external surface of the display portion 212 and is coupled to the frame 215, wherein the adjustment mechanism 230 is coupled to the frame). Regarding Claim 6, Min discloses the head-mountable device according to Claim 5, as above. Min further discloses: wherein the adjustment mechanism is coupled to the frame and extends into the light seal (¶0015, 0104; see FIGS. 14-15 showing adjustment mechanism 230 coupled to frame 215 and extending into light seal 240). 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. Claims 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Min (US 2020/0319469 A1) in view of Hatfield et al. (US 2020/0233453 A1). Regarding Claim 3, Min discloses the head-mountable device according to Claim 2, as above. Min does not appear to explicitly disclose: the foot is disposed at least partially within the internal volume. Hatfield is related to Min with respect to a head-mountable device comprising a display portion including a housing and a display; a light seal extending from the housing and including a contact surface offset from the housing by a distance; and an adjustment mechanism configured to alter the distance (¶0039, 0040-41, 0044, 0055-56, 0064, 0072, 0058; FIG. 5), and Hatfield teaches: the foot is disposed at least partially within the internal volume (¶0057-60; see FIGS. 5B-D showing adjustment mechanism comprising a foot 536 disposed at least partially within the internal volume defined by sheath 432). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Min in view of Hatfield to satisfy the claimed condition, because such a foot is known and would be utilized to provide lateral stability to the display unit 110 on the face of the user; particularly, the inward force F.sub.inward applied by the side portions 130b of the facial interface 530 to the temple regions of the face of the user may prevent lateral movement of the display unit relative to the face of the user, as taught in paragraphs ¶0057-58, 0061 of Hatfield. Regarding Claim 7, Min discloses the head-mountable device according to Claim 6, as above. Min does not appear to explicitly disclose: wherein the light seal hides the adjustment mechanism from view. Hatfield is related to Min with respect to a head-mountable device comprising a display portion including a housing and a display; a light seal extending from the housing and including a contact surface offset from the housing by a distance; and an adjustment mechanism configured to alter the distance (¶0039, 0040-41, 0044, 0055-56, 0064, 0072, 0058; FIG. 5), and Hatfield teaches: wherein the light seal hides the adjustment mechanism from view (¶0055-56: The outer cover 432 engages the face of the user and may also cover underlying mechanisms; see FIGS. 5B-D showing light seal 432 hiding adjustment mechanism 536-540 from view). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Min in view of Hatfield to satisfy the claimed condition, because such a light seal is known and would be utilized to provide contact (i.e., force transfer and engagement) between the facial interface 430 and the face of the user, thereby distributing force over the face of the user (e.g., for user comfort), stabilizes the head-mounted display 100 thereon, and may also block environmental light from the eyes E of the user, as taught in paragraphs ¶0054-55 of Hatfield. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANVITHA SRIDHAR whose telephone number is (571)270-0082. The examiner can normally be reached M-F 930-1800 (EST). 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, BUMSUK WON can be reached at 571-272-2713. 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. /SAMANVITHA SRIDHAR/Examiner, Art Unit 2872 /BALRAM T PARBADIA/Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Show 4 earlier events
Apr 03, 2026
Response Filed
May 07, 2026
Final Rejection mailed — §102, §103
Jun 12, 2026
Applicant Interview (Telephonic)
Jun 14, 2026
Examiner Interview Summary
Jul 01, 2026
Response after Non-Final Action
Jul 30, 2026
Request for Continued Examination
Aug 03, 2026
Response after Non-Final Action
Sep 11, 2026
Non-Final Rejection mailed — §102, §103 (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

3-4
Expected OA Rounds
62%
Grant Probability
93%
With Interview (+31.9%)
3y 6m (~3m remaining)
Median Time to Grant
High
PTA Risk
Based on 96 resolved cases by this examiner. Grant probability derived from career allowance rate.

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