Prosecution Insights
Last updated: April 19, 2026
Application No. 18/369,328

Method and Device for Waking a Computing System

Non-Final OA §103
Filed
Sep 18, 2023
Examiner
SCHNIREL, ANDREW B
Art Unit
2625
Tech Center
2600 — Communications
Assignee
Apple Inc.
OA Round
5 (Non-Final)
50%
Grant Probability
Moderate
5-6
OA Rounds
3y 7m
To Grant
44%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allow Rate
241 granted / 482 resolved
-12.0% vs TC avg
Minimal -6% lift
Without
With
+-6.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
39 currently pending
Career history
521
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
25.6%
-14.4% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 482 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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 7, 2026 has been entered. 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 (i.e., changing from AIA to pre-AIA ) 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. Claims 1, 3 – 4, 6 – 7 and 12 – 24 are rejected under 35 U.S.C. 103 as being unpatentable over Rothkopf et al. (U.S. PG Pub 2020/0073122) in view of Chen et al. (U.S. PG Pub 2016/0357354). Regarding Claim 1, Rothkopf et al. teach a method comprising: at a computing system (Figure 1C, Element 120. Paragraph 40) including non-transitory memory (Figure 1C, Element 122. Paragraph 40) and one or more processors (Figure 1C, Element 121. Paragraph 40), wherein the computing system (Figure 1C, Element 120. Paragraph 40) is communicatively coupled to a display device (Figure 1B, Element 114. Paragraph 39) and one or more input devices (Figure 1B, Elements 103 and 135. Paragraph 38): while operating the computing system (Figure 1C, Element 120. Paragraph 40) according to a first mode (Figure 3, Element 310. Paragraph 71), obtaining head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information associated with a user of the computing system (Figure 1C, Element 120. Paragraph 40); in response to a first determination (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) that the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information satisfies (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) a first wake criterion (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) of an upward head motion (Paragraph 60) by a threshold (Element Magnitude. Paragraph 60) number of degrees: presenting, via the display device (Figure 1B, Element 114. Paragraph 39), movement of a wake target (Element virtual stimulus. Paragraph 63) within a wake region (Element region where virtual stimulus is displayed. Paragraph 63) located towards a top portion (Paragraph 63. Rothkopf et al. disclose “For example, the display system 100 may provide a virtual stimulus (e.g., a visual cue and/or an audio cue), which may indicate the availability of content to be provided in the high-power state. Such content may be available based on the user location (e.g., advertising content while in a store), facing direction of the user (e.g., informative content while in a museum), or a signal from an external source (e.g., a communication notification from another person or device; communication from the user location, such as in the store or museum example above). The user responsive condition may be directionally associated with the virtual stimulus (e.g., a visual target), such as an eye movement condition (e.g., focus on a visual cue indicating the availability of content), a head movement condition (e.g., toward the visual cue and/or toward an audio cue), or combination thereof (e.g., turning head toward visual or audio cue, while moving eyes to maintain gaze direction in real space), which are detected by appropriate sensors (Paragraph 63. Emphasis Added).” Rothkopf et al. teaches that the responsive condition may be directionally associated with the virtual stimulus. A person of ordinary skill in the art would recognize that this means that the virtual stimulus can move around the display, leading to the wake region (including the virtual stimulus) being displayed in the top portion of the display.) of the display device (Figure 1B, Element 114. Paragraph 39), wherein movement of a wake target (Element virtual stimulus. Paragraph 63) is initiated in response to the first determination (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) that the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information satisfies (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) a first wake criterion (Figure 4, Element 422 (head movement). Paragraphs 79 - 80), wherein the virtual object is the wake target (Element virtual stimulus. Paragraph 63) of the wake region (Element region where virtual stimulus is displayed. Paragraph 63) located towards a top portion (Paragraph 63. Rothkopf et al. disclose “For example, the display system 100 may provide a virtual stimulus (e.g., a visual cue and/or an audio cue), which may indicate the availability of content to be provided in the high-power state. Such content may be available based on the user location (e.g., advertising content while in a store), facing direction of the user (e.g., informative content while in a museum), or a signal from an external source (e.g., a communication notification from another person or device; communication from the user location, such as in the store or museum example above). The user responsive condition may be directionally associated with the virtual stimulus (e.g., a visual target), such as an eye movement condition (e.g., focus on a visual cue indicating the availability of content), a head movement condition (e.g., toward the visual cue and/or toward an audio cue), or combination thereof (e.g., turning head toward visual or audio cue, while moving eyes to maintain gaze direction in real space), which are detected by appropriate sensors (Paragraph 63. Emphasis Added).” Rothkopf et al. teaches that the responsive condition may be directionally associated with the virtual stimulus. A person of ordinary skill in the art would recognize that this means that the virtual stimulus can move around the display, leading to the wake region (including the virtual stimulus) being displayed in the top portion of the display.) of the display device (Figure 1B, Element 114. Paragraph 39) and the region being the wake region (Element region where virtual stimulus is displayed. Paragraph 63); and obtaining a gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) associated with the user of the computing system (Figure 1C, Element 120. Paragraph 40); and in accordance with a second determination that the gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) satisfies (Figure 4, Element not labeled, but is the yes between Elements 424 and 426. Paragraph 81) a second wake criterion (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84), transitioning the computing system (Figure 1C, Element 120. Paragraph 40) from the first mode (Figure 3, Element 310. Paragraph 71) to a second mode (Figure 3, Element 330. Paragraph 73) different from the first mode (Figure 3, Element 310. Paragraph 71); and in accordance with a third determination, prior to expiration of an interval associated with the second wake criterion (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84), that the gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) is not (Paragraph 85) directed to the wake target (Element virtual stimulus. Paragraph 63) or to the on-screen sub-region including the wake target (Element virtual stimulus. Paragraph 63), ceasing presentation (Paragraph 85) of the wake target (Element virtual stimulus. Paragraph 63) and maintaining operation of the computing system according to the first mode (Figure 3, Element 310. Paragraph 71). Rothkopf et al. is silent with regards to an animation of a wake target within a wake region located towards a top portion of the display device, wherein the wake region includes an off-screen sub-region positioned above an on-screen sub-region, and wherein the animation of the wake target moves includes a transition from being entirely within the off-screen sub-region of the wake region to being entirely within the on-screen sub-region of the wake region. Chen et al. teach initiating, via the display device (Figure 6A – 6M, Element 600. Paragraph 205), an animation (Figures 6E – 6H. Paragraphs 218 – 225) of a wake target (Figures 6G and 6H, Elements 634 and 636. Paragraph 225) within a wake region (Figures 6G and 6H, Element not labeled, but is the region of the display that contains Elements 634 and 636. Paragraph 225) located towards a top portion (Seen in Figures 6G and 6H) of the display device (Figure 6A – 6M, Element 600. Paragraph 205), wherein the wake region (Figures 6G and 6H, Element not labeled, but is the region of the display that contains Elements 634 and 636. Paragraph 225) includes an off-screen sub-region (Seen in Figure 6E. Paragraph 218) positioned above an on-screen sub-region (Figure 6A – 6M, Element 602. Paragraph 205), and wherein the animation (Figures 6E – 6H. Paragraphs 218 – 225) of the wake target (Figures 6G and 6H, Elements 634 and 636. Paragraph 225) moves includes a transition from being entirely within the off-screen sub-region (Seen in Figure 6E. Paragraph 218) of the wake region (Figures 6G and 6H, Element not labeled, but is the region of the display that contains Elements 634 and 636. Paragraph 225) to being entirely within the on-screen sub-region (Figure 6A – 6M, Element 602. Paragraph 205) of the wake region Figures 6G and 6H, Element not labeled, but is the region of the display that contains Elements 634 and 636. Paragraph 225) located towards the top portion (Seen in Figures 6G and 6H) of the display device (Figure 6A – 6M, Element 600. Paragraph 205). It would have been obvious to a person of ordinary skill in the art to modify the teachings of the wake display system of Rothkopf et al. with the virtual object of Chen et al. The motivation to modify the teachings of Rothkopf et al. with the teachings of Chen et al. is to allow the user to view objects to appear as if they were sliding onto the screen from off the edge, as taught by Chen et al. (Paragraph 225). Regarding Claim 3, Rothkopf et al. in view of Chen et al. teach the method of claim 1 (See Above). Rothkopf et al. teach further comprising: in accordance with a determination that the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information indicates an upward (Paragraph 63. Rothkopf et al. disclose “For example, the display system 100 may provide a virtual stimulus (e.g., a visual cue and/or an audio cue), which may indicate the availability of content to be provided in the high-power state. Such content may be available based on the user location (e.g., advertising content while in a store), facing direction of the user (e.g., informative content while in a museum), or a signal from an external source (e.g., a communication notification from another person or device; communication from the user location, such as in the store or museum example above). The user responsive condition may be directionally associated with the virtual stimulus (e.g., a visual target), such as an eye movement condition (e.g., focus on a visual cue indicating the availability of content), a head movement condition (e.g., toward the visual cue and/or toward an audio cue), or combination thereof (e.g., turning head toward visual or audio cue, while moving eyes to maintain gaze direction in real space), which are detected by appropriate sensors (Paragraph 63. Emphasis Added).” Rothkopf et al. teaches that the responsive condition may be directionally associated with the virtual stimulus. A person of ordinary skill in the art would recognize that this means that the virtual stimulus can move around the display, leading to the wake region (including the virtual stimulus) being displayed in the top portion of the display and a head movement in an upward direction to follow.) head motion (Paragraph 60) of less than (Figure 4, Element not labeled, but is the no between Elements 422 and 424. Paragraph 81) the threshold (Element Magnitude. Paragraph 60) number of degrees : forgoing presentation (Paragraph 95) of the wake target (Element virtual stimulus. Paragraph 63); and maintaining operation of the computing system (Figure 1C, Element 120. Paragraph 40) in the first mode (Figure 3, Element 310. Paragraph 71). Regarding Claim 4, Rothkopf et al. in view of Chen et al. teach the method of claim 1 (See Above). Rothkopf et al. teach further comprising: in accordance with a determination that the gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) does not satisfy (Figure 4, Element not labeled, but is the no between Elements 424 and 426. Paragraph 81) the second wake criterion (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84): ceasing presentation (Paragraph 95) of the wake target (Element virtual stimulus. Paragraph 63); and maintaining operation of the computing system (Figure 1C, Element 120. Paragraph 40) in the first mode (Figure 3, Element 310. Paragraph 71). Regarding Claim 6, Rothkopf et al. in view of Chen et al. teach the method of claim 1 (See Above). Rothkopf et al. teach wherein the first wake criterion (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) is satisfied when the pose information indicates that a field-of-view (FOV) (Seen in Figure 1A) of the user overlaps at least a portion of the wake region (Element region where virtual stimulus is displayed. Paragraph 63) of the display device (Figure 1B, Element 114. Paragraph 39). Regarding Claim 7, Rothkopf et al. in view of Chen et al. teach the method of claim 6 (See Above). Rothkopf et al. teach wherein the FOV (Seen in Figure 1A) of the user corresponds to a rectangular bounding region (Figure 1A, Element 150. Paragraph 50) relative to a centroid associated with a head (Figure 1A, Element H. Paragraph 37) of the user of the computing system (Figure 1C, Element 120. Paragraph 40). Regarding Claim 12, Rothkopf et al. in view of Chen et al. teach the method of claim 1 (See Above). Rothkopf et al. teach wherein the second wake criterion (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) is satisfied when the gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) is directed to the wake target (Element virtual stimulus. Paragraph 63) for at least a predefined dwell threshold (Paragraph 160) before a timeout timer exceeds a predefined timeout threshold (Element time lapse. Paragraph 63). Regarding Claim 13, Rothkopf et al. in view of Chen et al. teach the method of claim 1 (See Above). Rothkopf et al. teach wherein the wake target (Element virtual stimulus. Paragraph 63) corresponds to virtual content overlaid on a physical environment (Paragraph 172). Regarding Claim 14, Rothkopf et al. in view of Chen et al. teach the method of claim 1 (See Above). Rothkopf et al. teach wherein the wake target (Element virtual stimulus. Paragraph 63) corresponds to virtual content composited with an image frame of a physical environment (Paragraph 172). Regarding Claim 15, Rothkopf et al. in view of Chen et al. teach the method of claim 1 (See Above). Rothkopf et al. teach wherein the wake target (Element virtual stimulus. Paragraph 63) corresponds to volumetric or three-dimensional (3D) virtual content (Paragraph 166). Regarding Claim 16, Rothkopf et al. teach a device comprising: one or more processors (Figure 1C, Element 121. Paragraph 40); a non-transitory memory (Figure 1C, Element 122. Paragraph 40); an interface for communicating with a display device (Figure 1B, Element 114. Paragraph 39) and one or more input devices (Figure 1B, Elements 103 and 135. Paragraph 38); and one or more programs (Paragraph 40) stored in the non-transitory memory (Figure 1C, Element 122. Paragraph 40), which, when executed by the one or more processors (Figure 1C, Element 121. Paragraph 40), cause the device to: while operating the device (Figure 1C, Element 120. Paragraph 40) according to a first mode (Figure 3, Element 310. Paragraph 71), obtain head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information associated with a user of the device (Figure 1C, Element 120. Paragraph 40); in response to with a first determination (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) that the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information satisfies (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) a first wake criterion (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) of an upward head motion (Paragraph 60) by a threshold (Element Magnitude. Paragraph 60) number of degrees: present, via the display device (Figure 1B, Element 114. Paragraph 39), movement of a wake target (Element virtual stimulus. Paragraph 63) within a wake region (Element region where virtual stimulus is displayed. Paragraph 63) located towards a top portion (Paragraph 63. Rothkopf et al. disclose “For example, the display system 100 may provide a virtual stimulus (e.g., a visual cue and/or an audio cue), which may indicate the availability of content to be provided in the high-power state. Such content may be available based on the user location (e.g., advertising content while in a store), facing direction of the user (e.g., informative content while in a museum), or a signal from an external source (e.g., a communication notification from another person or device; communication from the user location, such as in the store or museum example above). The user responsive condition may be directionally associated with the virtual stimulus (e.g., a visual target), such as an eye movement condition (e.g., focus on a visual cue indicating the availability of content), a head movement condition (e.g., toward the visual cue and/or toward an audio cue), or combination thereof (e.g., turning head toward visual or audio cue, while moving eyes to maintain gaze direction in real space), which are detected by appropriate sensors (Paragraph 63. Emphasis Added).” Rothkopf et al. teaches that the responsive condition may be directionally associated with the virtual stimulus. A person of ordinary skill in the art would recognize that this means that the virtual stimulus can move around the display, leading to the wake region (including the virtual stimulus) being displayed in the top portion of the display.) of the display device (Figure 1B, Element 114. Paragraph 39), wherein movement of a wake target (Element virtual stimulus. Paragraph 63) is initiated in response to the first determination (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) that the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information satisfies (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) a first wake criterion (Figure 4, Element 422 (head movement). Paragraphs 79 - 80), wherein the virtual object is the wake target (Element virtual stimulus. Paragraph 63) of the wake region (Element region where virtual stimulus is displayed. Paragraph 63) located towards a top portion (Paragraph 63. Rothkopf et al. disclose “For example, the display system 100 may provide a virtual stimulus (e.g., a visual cue and/or an audio cue), which may indicate the availability of content to be provided in the high-power state. Such content may be available based on the user location (e.g., advertising content while in a store), facing direction of the user (e.g., informative content while in a museum), or a signal from an external source (e.g., a communication notification from another person or device; communication from the user location, such as in the store or museum example above). The user responsive condition may be directionally associated with the virtual stimulus (e.g., a visual target), such as an eye movement condition (e.g., focus on a visual cue indicating the availability of content), a head movement condition (e.g., toward the visual cue and/or toward an audio cue), or combination thereof (e.g., turning head toward visual or audio cue, while moving eyes to maintain gaze direction in real space), which are detected by appropriate sensors (Paragraph 63. Emphasis Added).” Rothkopf et al. teaches that the responsive condition may be directionally associated with the virtual stimulus. A person of ordinary skill in the art would recognize that this means that the virtual stimulus can move around the display, leading to the wake region (including the virtual stimulus) being displayed in the top portion of the display.) of the display device (Figure 1B, Element 114. Paragraph 39) and the region being the wake region (Element region where virtual stimulus is displayed. Paragraph 63); and obtain a gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) associated with the user of the device (Figure 1C, Element 120. Paragraph 40); and in accordance with a second determination that the gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) satisfies (Figure 4, Element not labeled, but is the yes between Elements 424 and 426. Paragraph 81) a second wake criterion (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84), transition the device (Figure 1C, Element 120. Paragraph 40) from the first mode (Figure 3, Element 310. Paragraph 71) to a second mode (Figure 3, Element 330. Paragraph 73) different from the first mode (Figure 3, Element 310. Paragraph 71); and in accordance with a third determination, prior to expiration of an interval associated with the second wake criterion (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84), that the gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) is not (Paragraph 85) directed to the wake target (Element virtual stimulus. Paragraph 63) or to the on-screen sub-region including the wake target (Element virtual stimulus. Paragraph 63), ceasing presentation (Paragraph 85) of the wake target (Element virtual stimulus. Paragraph 63) and maintaining operation of the computing system according to the first mode (Figure 3, Element 310. Paragraph 71). Rothkopf et al. is silent with regards to an animation of a wake target within a wake region located towards a top portion of the display device, wherein the wake region includes an off-screen sub-region positioned above an on-screen sub-region, and wherein the animation of the wake target moves includes a transition from being entirely within the off-screen sub-region of the wake region to being entirely within the on-screen sub-region of the wake region. Chen et al. teach initiating, via the display device (Figure 6A – 6M, Element 600. Paragraph 205), an animation (Figures 6E – 6H. Paragraphs 218 – 225) of a wake target (Figures 6G and 6H, Elements 634 and 636. Paragraph 225) within a wake region (Figures 6G and 6H, Element not labeled, but is the region of the display that contains Elements 634 and 636. Paragraph 225) located towards a top portion (Seen in Figures 6G and 6H) of the display device (Figure 6A – 6M, Element 600. Paragraph 205), wherein the wake region (Figures 6G and 6H, Element not labeled, but is the region of the display that contains Elements 634 and 636. Paragraph 225) includes an off-screen sub-region (Seen in Figure 6E. Paragraph 218) positioned above an on-screen sub-region (Figure 6A – 6M, Element 602. Paragraph 205), and wherein the animation (Figures 6E – 6H. Paragraphs 218 – 225) of the wake target (Figures 6G and 6H, Elements 634 and 636. Paragraph 225) moves includes a transition from being entirely within the off-screen sub-region (Seen in Figure 6E. Paragraph 218) of the wake region (Figures 6G and 6H, Element not labeled, but is the region of the display that contains Elements 634 and 636. Paragraph 225) to being entirely within the on-screen sub-region (Figure 6A – 6M, Element 602. Paragraph 205) of the wake region Figures 6G and 6H, Element not labeled, but is the region of the display that contains Elements 634 and 636. Paragraph 225) located towards the top portion (Seen in Figures 6G and 6H) of the display device (Figure 6A – 6M, Element 600. Paragraph 205). It would have been obvious to a person of ordinary skill in the art to modify the teachings of the wake display system of Rothkopf et al. with the virtual object of Chen et al. The motivation to modify the teachings of Rothkopf et al. with the teachings of Chen et al. is to allow the user to view objects to appear as if they were sliding onto the screen from off the edge, as taught by Chen et al. (Paragraph 225). Regarding Claim 17, Rothkopf et al. in view of Chen et al. teach the device of claim 16 (See Above). Rothkopf et al. teach wherein the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information satisfies (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) the first wake criterion (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) when a head movement value associated with a change to the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information exceeds a head movement threshold (Paragraph 60). Regarding Claim 18, Rothkopf et al. in view of Chen et al. teach the device of claim 16 (See Above). Rothkopf et al. teach wherein the one or more programs further cause the device to: in accordance with a determination that the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information does not satisfy (Figure 4, Element not labeled, but is the no between Elements 422 and 424. Paragraph 81) the first wake criterion (Figure 4, Element 422 (head movement). Paragraphs 79 - 80): forgo presentation (Paragraph 95) of the wake target (Element virtual stimulus. Paragraph 63); and maintain operation of the device (Figure 1C, Element 120. Paragraph 40) in the first mode (Figure 3, Element 310. Paragraph 71). Regarding Claim 19, Rothkopf et al. in view of Chen et al. teach the device of claim 16 (See Above). Rothkopf et al. teach wherein the one or more programs (Paragraph 40) further cause the device to: in accordance with a determination that the gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) does not satisfy (Figure 4, Element not labeled, but is the no between Elements 424 and 426. Paragraph 81) the second wake criterion (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84): cease presentation (Paragraph 95) of the wake target (Element virtual stimulus. Paragraph 63); and maintain operation of the device (Figure 1C, Element 120. Paragraph 40) in the first mode (Figure 3, Element 310. Paragraph 71). Regarding Claim 20, Rothkopf et al. teach a non-transitory memory (Figure 1C, Element 122. Paragraph 40) storing one or more programs (Paragraph 40), which, when executed by one or more processors (Figure 1C, Element 121. Paragraph 40) of a device with an interface for communicating with a display device (Figure 1B, Element 114. Paragraph 39) and one or more input devices (Figure 1B, Elements 103 and 135. Paragraph 38), cause the device to: while operating the device (Figure 1C, Element 120. Paragraph 40) according to a first mode (Figure 3, Element 310. Paragraph 71), obtain head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information associated with a user of the device (Figure 1C, Element 120. Paragraph 40); in response to a first determination (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) that the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information satisfies (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) a first wake criterion (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) of an upward head motion (Paragraph 60) by a threshold (Element Magnitude. Paragraph 60) number of degrees: present, via the display device (Figure 1B, Element 114. Paragraph 39), movement of a wake target (Element virtual stimulus. Paragraph 63) within a wake region (Element region where virtual stimulus is displayed. Paragraph 63) located towards a top portion (Paragraph 63. Rothkopf et al. disclose “For example, the display system 100 may provide a virtual stimulus (e.g., a visual cue and/or an audio cue), which may indicate the availability of content to be provided in the high-power state. Such content may be available based on the user location (e.g., advertising content while in a store), facing direction of the user (e.g., informative content while in a museum), or a signal from an external source (e.g., a communication notification from another person or device; communication from the user location, such as in the store or museum example above). The user responsive condition may be directionally associated with the virtual stimulus (e.g., a visual target), such as an eye movement condition (e.g., focus on a visual cue indicating the availability of content), a head movement condition (e.g., toward the visual cue and/or toward an audio cue), or combination thereof (e.g., turning head toward visual or audio cue, while moving eyes to maintain gaze direction in real space), which are detected by appropriate sensors (Paragraph 63. Emphasis Added).” Rothkopf et al. teaches that the responsive condition may be directionally associated with the virtual stimulus. A person of ordinary skill in the art would recognize that this means that the virtual stimulus can move around the display, leading to the wake region (including the virtual stimulus) being displayed in the top portion of the display.) of the display device (Figure 1B, Element 114. Paragraph 39), wherein movement of a wake target (Element virtual stimulus. Paragraph 63) is initiated in response to the first determination (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) that the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information satisfies (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) a first wake criterion (Figure 4, Element 422 (head movement). Paragraphs 79 - 80), wherein the virtual object is the wake target (Element virtual stimulus. Paragraph 63) of the wake region (Element region where virtual stimulus is displayed. Paragraph 63) located towards a top portion (Paragraph 63. Rothkopf et al. disclose “For example, the display system 100 may provide a virtual stimulus (e.g., a visual cue and/or an audio cue), which may indicate the availability of content to be provided in the high-power state. Such content may be available based on the user location (e.g., advertising content while in a store), facing direction of the user (e.g., informative content while in a museum), or a signal from an external source (e.g., a communication notification from another person or device; communication from the user location, such as in the store or museum example above). The user responsive condition may be directionally associated with the virtual stimulus (e.g., a visual target), such as an eye movement condition (e.g., focus on a visual cue indicating the availability of content), a head movement condition (e.g., toward the visual cue and/or toward an audio cue), or combination thereof (e.g., turning head toward visual or audio cue, while moving eyes to maintain gaze direction in real space), which are detected by appropriate sensors (Paragraph 63. Emphasis Added).” Rothkopf et al. teaches that the responsive condition may be directionally associated with the virtual stimulus. A person of ordinary skill in the art would recognize that this means that the virtual stimulus can move around the display, leading to the wake region (including the virtual stimulus) being displayed in the top portion of the display.) of the display device (Figure 1B, Element 114. Paragraph 39) and the region being the wake region (Element region where virtual stimulus is displayed. Paragraph 63); and obtain a gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) associated with the user of the device (Figure 1C, Element 120. Paragraph 40); and in accordance with a second determination that the gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) satisfies (Figure 4, Element not labeled, but is the yes between Elements 424 and 426. Paragraph 81) a second wake criterion (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84), transition the device (Figure 1C, Element 120. Paragraph 40) from the first mode (Figure 3, Element 310. Paragraph 71) to a second mode (Figure 3, Element 330. Paragraph 73) different from the first mode (Figure 3, Element 310. Paragraph 71); and in accordance with a third determination, prior to expiration of an interval associated with the second wake criterion (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84), that the gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) is not (Paragraph 85) directed to the wake target (Element virtual stimulus. Paragraph 63) or to the on-screen sub-region including the wake target (Element virtual stimulus. Paragraph 63), ceasing presentation (Paragraph 85) of the wake target (Element virtual stimulus. Paragraph 63) and maintaining operation of the computing system according to the first mode (Figure 3, Element 310. Paragraph 71). Rothkopf et al. is silent with regards to an animation of a wake target within a wake region located towards a top portion of the display device, wherein the wake region includes an off-screen sub-region positioned above an on-screen sub-region, and wherein the animation of the wake target moves includes a transition from being entirely within the off-screen sub-region of the wake region to being entirely within the on-screen sub-region of the wake region. Chen et al. teach initiating, via the display device (Figure 6A – 6M, Element 600. Paragraph 205), an animation (Figures 6E – 6H. Paragraphs 218 – 225) of a wake target (Figures 6G and 6H, Elements 634 and 636. Paragraph 225) within a wake region (Figures 6G and 6H, Element not labeled, but is the region of the display that contains Elements 634 and 636. Paragraph 225) located towards a top portion (Seen in Figures 6G and 6H) of the display device (Figure 6A – 6M, Element 600. Paragraph 205), wherein the wake region (Figures 6G and 6H, Element not labeled, but is the region of the display that contains Elements 634 and 636. Paragraph 225) includes an off-screen sub-region (Seen in Figure 6E. Paragraph 218) positioned above an on-screen sub-region (Figure 6A – 6M, Element 602. Paragraph 205), and wherein the animation (Figures 6E – 6H. Paragraphs 218 – 225) of the wake target (Figures 6G and 6H, Elements 634 and 636. Paragraph 225) moves includes a transition from being entirely within the off-screen sub-region (Seen in Figure 6E. Paragraph 218) of the wake region (Figures 6G and 6H, Element not labeled, but is the region of the display that contains Elements 634 and 636. Paragraph 225) to being entirely within the on-screen sub-region (Figure 6A – 6M, Element 602. Paragraph 205) of the wake region Figures 6G and 6H, Element not labeled, but is the region of the display that contains Elements 634 and 636. Paragraph 225) located towards the top portion (Seen in Figures 6G and 6H) of the display device (Figure 6A – 6M, Element 600. Paragraph 205). It would have been obvious to a person of ordinary skill in the art to modify the teachings of the wake display system of Rothkopf et al. with the virtual object of Chen et al. The motivation to modify the teachings of Rothkopf et al. with the teachings of Chen et al. is to allow the user to view objects to appear as if they were sliding onto the screen from off the edge, as taught by Chen et al. (Paragraph 225). Regarding Claim 21, Rothkopf et al. in view of Chen et al. teach the non-transitory memory (Figure 1C, Element 122. Paragraph 40) of claim 20 (See Above). Rothkopf et al. teach wherein the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information satisfies (Figure 4, Element not labeled, but is the yes between Elements 422 and 424. Paragraph 81) the first wake criterion (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) when a head movement value associated with a change to the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information exceeds a head movement threshold (Paragraph 60). Regarding Claim 22, Rothkopf et al. in view of Chen et al. teach the non-transitory memory (Figure 1C, Element 122. Paragraph 40) of claim 20 (See Above). Rothkopf et al. teach wherein the one or more programs (Paragraph 40) further cause the device to: in accordance with a determination that the head pose (Figure 4, Element 422 (head movement). Paragraphs 79 - 80) information does not satisfy (Figure 4, Element not labeled, but is the no between Elements 422 and 424. Paragraph 81) the first wake criterion (Figure 4, Element 422 (head movement). Paragraphs 79 - 80): forgo presentation (Paragraph 95) of the wake target (Element virtual stimulus. Paragraph 63); and maintain operation of the device (Figure 1C, Element 120. Paragraph 40) in the first mode (Figure 3, Element 310. Paragraph 71). Regarding Claim 23, Rothkopf et al. in view of Chen et al. teach the non-transitory memory (Figure 1C, Element 122. Paragraph 40) of claim 20 (See Above). Rothkopf et al. teach wherein the one or more programs (Paragraph 40) further cause the device to: in accordance with a determination that the gaze vector (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84) does not satisfy (Figure 4, Element not labeled, but is the no between Elements 424 and 426. Paragraph 81) the second wake criterion (Figure 4, Element 424 (gaze direction). Paragraphs 82 - 84): cease presentation (Paragraph 95) of the wake target (Element virtual stimulus. Paragraph 63); and maintain operation of the device (Figure 1C, Element 120. Paragraph 40) in the first mode (Figure 3, Element 310. Paragraph 71). Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Rothkopf et al. (U.S. PG Pub 2020/0073122) in view of Chen et al. (U.S. PG Pub 2016/0357354) in view of Gupta et al. (U.S. PG Pub 2018/0288477). Regarding Claim 8, Rothkopf et al. in view of Chen et al. teach the method of claim 6 (See Above). Rothkopf et al. teach wherein the FOV (Seen in Figure 1A) of the user corresponds to a circular bounding region (Figure 1A, Element 150. Paragraph 50) associated with a head (Figure 1A, Element H. Paragraph 37) of the user of the computing system (Figure 1C, Element 120. Paragraph 40). Rothkopf et al. is silent with regards to the bounding region being a circular bounding region with a predefined radius of pixels. Gupta et al. teach the bounding region being a circular bounding region (Figure 1, Element 116. Paragraph 74) with a predefined radius of pixels (Paragraph 74). Rothkopf et al. teaches a device which is different from the claimed interface apparatus by the substitution of the step(s) of bounding region. Gupta et al. teaches the substituted step(s) of bounding region and their functions were known in the art to provide the bounding region being a circular bounding region with a predefined radius of pixels. The bounding region of Rothkopf et al. could have been substituted with bounding region as taught by Gupta et al. and the results would have been predictable and resulted in the bounding region being a circular bounding region with a predefined radius of pixels. Therefore, the claimed subject matter would have been obvious to a person having ordinary skill in the art at the time the invention was made. Claims 27 – 28 are rejected under 35 U.S.C. 103 as being unpatentable over Rothkopf et al. (U.S. PG Pub 2020/0073122) Chen et al. (U.S. PG Pub 2016/0357354) in view of Deliz Centeno (U.S. PG Pub 2021/0048680). Regarding Claim 27, Rothkopf et al. in view of Chen et al. teach the non-transitory memory of claim 20 (See Above). Rothkopf et al. teach wherein the one or more programs further cause the device to: the wake target (Element virtual stimulus. Paragraph 63) from the wake region (Element region where virtual stimulus is displayed. Paragraph 63) being the region after transitioning the device (Figure 1C, Element 120. Paragraph 40) from the first mode (Figure 3, Element 310. Paragraph 71) to the second mode (Figure 3, Element 330. Paragraph 73). Rothkopf et al. is silent with regards to display an animation removing the region. Deliz Centeno teaches display an animation (Paragraphs 35 and 4) removing the region (Figure 2, Element 25. Paragraph 36). It would have been obvious to a person of ordinary skill in the art to modify the teachings of the wake display system of Rothkopf et al. and the virtual object of Chen et al. with the virtual object of Deliz Centeno. The motivation to modify the teachings of Rothkopf et al. and Chen et al. with the teachings of Deliz Centeno is to reduce the impact of or prevent clipping of the virtual object, as taught by Deliz Centeno (Paragraph 38). Regarding Claim 28, Rothkopf et al. in view of Powderly et al. teach the non-transitory memory of claim 20 (See Above). Rothkopf et al. teach wherein the one or more programs further cause the device to: the wake target (Element virtual stimulus. Paragraph 63) being the region after transitioning the device (Figure 1C, Element 120. Paragraph 40) from the first mode (Figure 3, Element 310. Paragraph 71) to the second mode (Figure 3, Element 330. Paragraph 73). Rothkopf et al. is silent with regards to display a fading out of the region. Deliz Centeno teaches display a fading out (Paragraphs 35 and 4) of removing the region (Figure 2, Element 25. Paragraph 36). It would have been obvious to a person of ordinary skill in the art to modify the teachings of the wake display system of Rothkopf et al. and the virtual object of Chen et al. with the virtual object of Deliz Centeno. The motivation to modify the teachings of Rothkopf et al. and Chen et al. with the teachings of Deliz Centeno is to reduce the impact of or prevent clipping of the virtual object, as taught by Deliz Centeno (Paragraph 38). Response to Arguments Regarding the first argument, in which the applicant asserts that the prior art of record fails to teach at least the claimed first determination in combination with the third determination. The applicant argues that Rothkopf et al. at best describes using a visual cue to indicate availability of content and to solicit a user response, rather than a wake target presented based on the user-initiated first wake target. The applicant further argues that Chen et al. describes an alarm interface when an alarm goes off at a predetermined time and is therefore not part of a first wake criterion and/or part of a two part wake confirmation sequence. The applicant further argues that Rothkopf et al. does not contemplate ceasing an indication of content availability. The applicant lastly argues that there is no reason to modify the teachings of Rothkopf et al. with the teachings of Chen et al. The examiner respectfully disagrees with the applicant’s assertion. Rothkopf et al. discloses “The method 420 includes a first operation 422 of assessing a first wake criterion with low power (i.e., low energy consumption per unit time). The first operation 422 may be performed according to one the wake units 280 by the wake sensor device 135, or by the sensor 130 in conjunction with a processor (e.g., of the controller 120), sense a first wake condition and determining whether the first wake condition satisfies the first wake criterion (e.g., by comparing). The first wake criterion may, for example, be one of the blinking gaze, pupil, sound, head movement, or facial movement criteria. The first wake criterion may be a user action that is imperceptible by the user (e.g., an involuntary action indicative of a user intent or other desirable circumstance for operating in the high-power state) and/or subtle or imperceptible by another person observing the user (e.g., so as to not be noticeable by the other person) (Paragraphs 79 – 80. Emphasis Added).” Therefore it is clear that Rothkopf et al. teaches the first wake criterion is a head movement. The examiner notes that Chen et al. is not being relied upon to teach the wake criterion, and therefore the applicant’s argument against Chen et al. not teach wake criterion is moot. Rothkopf et al. discloses “If the first wake criterion is satisfied, a second operation 424 of assessing a second wake criterion with high power is performed (i.e., higher energy consumption per unit time than the first operation 422). For example, if the first operation 422 is performed with the wake sensor device 135, the wake sensor device 135 may send the wake control signal 135a (e.g., to another wake sensor device 135 or to the controller 120) to initiate the second operation 424. If the first operation 422 is performed with the sensor 130, the controller 120 may initiate the second operation 424. Upon initiating the second operation 424, the first operation 422 may be stopped, so as to stop assessing the first wake criterion. The second wake criterion is different than the first wake criterion. The second wake criterion may, for example, be another of the blinking gaze, pupil, sound, head movement, or facial movement criteria. The second wake criterion is preferably a user action that is imperceptible by the user (e.g., an involuntary action indicative of a user intent or other desirable circumstance for operating in the high-power state) and/or subtle or imperceptible by another person observing the user (e.g., so as to not be noticeable by the other person). The second operation 424 may be performed according to another of the wake units 280 by the wake sensor device 135, or by another of the sensors 130 in conjunction with a processor (e.g., of the controller 120), by sensing a second wake condition and determining whether the second wake condition satisfies the second wake criterion. If the second wake criterion is not satisfied, the second operation 424 may be stopped and the first operation 422 repeated (Paragraphs 82 – 85. Emphasis Added).” Therefore, Rothkopf et al. clearly discloses ceasing an indication of content availability. Regarding the assertion that there is no reason to modify the teachings of Rothkopf et al. with the teachings of Chen et al. The examiner applicant argues that the Office Action does not explain why one would make this modification. The examiner notes that the previous Final Rejection (October 8, 2025), as well as the above instant Rejection, states “The motivation to modify the teachings of Rothkopf et al. with the teachings of Chen et al. is to allow the user to view objects to appear as if they were sliding onto the screen from off the edge, as taught by Chen et al. (Paragraph 225).” The examiner applicant argues that the Office Action does not explain why one would make this modification. It is clear to a person of ordinary skill in the art that adding functionality to a device would be a clear advantage and Chen et al. adds the functionality of allowing objects to appear as if they are sliding onto the screen from off the edge is proper motivation. The Office is unmoved by the applicant’s argument and the rejection is maintained. All other arguments are considered moot in light of the above rejection and/or the response to the first argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Osman et al. (U.S. PG Pub 2012/0300061) teach eye gazing in order to alter power states of a device, similar to the instant invention. Davalos et al. (U.S. PG Pub 2016/0009411) teach an eye and head tracking system similar to the instant invention. Ratcliff (U.S. PG Pub 2021/0042015) teaches a device where the display switch toggles from a first on screen image to a second on screen image, similar to the instant invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW B SCHNIREL whose telephone number is (571)270-7690. The examiner can normally be reached Monday - Friday, 10 - 6 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, William Boddie can be reached at 571-272-0666. 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. /A.B.S/Examiner, Art Unit 2625 /WILLIAM BODDIE/Supervisory Patent Examiner, Art Unit 2625
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Prosecution Timeline

Sep 18, 2023
Application Filed
Mar 23, 2024
Non-Final Rejection — §103
Jul 26, 2024
Applicant Interview (Telephonic)
Jul 27, 2024
Examiner Interview Summary
Jul 29, 2024
Response Filed
Nov 05, 2024
Final Rejection — §103
Feb 04, 2025
Interview Requested
Feb 10, 2025
Request for Continued Examination
Feb 10, 2025
Examiner Interview Summary
Feb 10, 2025
Examiner Interview (Telephonic)
Feb 11, 2025
Response after Non-Final Action
Feb 19, 2025
Non-Final Rejection — §103
Jun 26, 2025
Response Filed
Jun 26, 2025
Examiner Interview Summary
Jun 26, 2025
Applicant Interview (Telephonic)
Oct 04, 2025
Final Rejection — §103
Dec 03, 2025
Applicant Interview (Telephonic)
Dec 03, 2025
Examiner Interview Summary
Jan 07, 2026
Request for Continued Examination
Jan 23, 2026
Response after Non-Final Action
Jan 24, 2026
Non-Final Rejection — §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

5-6
Expected OA Rounds
50%
Grant Probability
44%
With Interview (-6.3%)
3y 7m
Median Time to Grant
High
PTA Risk
Based on 482 resolved cases by this examiner. Grant probability derived from career allow rate.

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