Prosecution Insights
Last updated: October 01, 2026
Application No. 18/444,945

Device Alignment Systems

Non-Final OA §103
Filed
Feb 19, 2024
Priority
Sep 21, 2021 — provisional 63/246,452 +1 more
Examiner
THOMAS, BRANDI N
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Apple Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
924 granted / 1118 resolved
+14.6% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
23 currently pending
Career history
1138
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
57.7%
+17.7% vs TC avg
§102
35.2%
-4.8% vs TC avg
§112
4.7%
-35.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1118 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 . Election/Restrictions Applicant's election with traverse of claims 17-20 in the reply filed on 6/30/2026 is acknowledged. The traversal is on the ground(s) that the current delineation of Species does NOT properly map the claims to the corresponding Species as defined using the FIGS. At least for these reasons, the pending election requirement is unclear and is therefore improper. Applicant respectfully requests that the pending election requirement be withdrawn or at least clarified. This is found persuasive. The requirement has been withdrawn and claims 1-20 have been examined below. Information Disclosure Statement Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 2/19/2024. An initialed copy is attached to this Office Action. Response to Amendment This Office action is in response to the communication filed 6/30/2026. The Amendments to Claims 4 and 6, filed 6/30/2026, are acknowledged and accepted. 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. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1, 3-9, and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chan et al. (2021/0199974), hereinafter Chan in view of Montevirgen et al. (11,119,321), hereinafter ‘321. Regarding claim 1, Chan discloses a head-mounted device (8, system) (paragraph 0019), comprising: a head-mounted support (10, electronic device) (paragraph 0020); a projector (14, display) supported by the head-mounted support and configured to produce an image (paragraphs 0024 and 0030); a waveguide (86, left and right waveguides) supported by the head-mounted support and configured to guide the image (paragraphs 0029-0032); at least one sensor (16, sensors) configured to measure optical misalignment of at least one of: the projector or the waveguide (paragraph 0025). Chan does not specifically disclose a positioner configured to adjust based on the measured optical misalignment to correct the optical misalignment. ‘321 discloses a positioner (58, positioner) configured to adjust based on the measured optical misalignment to correct the optical misalignment (col. 7, line 67 and col. 8, lines 1-9). 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 device of Chan with the positioners of ‘321 for the purpose of adjusting the position of displays and lens modules. Regarding claim 3, ‘321 discloses wherein the positioner comprises a zero holding power actuator (col. 8, lines 1-4). Regarding claim 4, Chan discloses further comprising a pivot about which a given one of the projector or the waveguide tilts (figures 2 and 3). Regarding claim 5, Chan discloses further comprising a prism (paragraph 0031). Regarding claim 6, Chan discloses wherein the pivot is configured to allow a given one of the projector, the waveguide, or the prism to tilt about two different axes (figures 2 and 3 and paragraph 0031). Regarding claim 7, Chan discloses further comprising a prism (paragraph 0031). Regarding claim 8, Chan discloses wherein positioner (58, positioner) is configured to adjust angular alignment between the projector and the prism (col. 7, line 67 and col. 8, lines 1-9). Regarding claim 9, Chan discloses wherein the positioner is configured to adjust angular alignment between the prism and the waveguide (col. 7, line 67 and col. 8, lines 1-9). Regarding claim 11, Chan discloses a head-mounted device (8, system) (paragraph 0019), comprising: a head-mounted support (10, electronic device) (paragraph 0020); left and right waveguides (86, left and right waveguides) supported by the head-mounted support (paragraphs 0029-0032); left and right projectors (14, two displays) configured to produce respective left and right images (paragraphs 0024 and 0030); left and right optical couplers (84, couplers and 88, output couplers) configured to couple the left and right images respectively into the left and right waveguides (paragraphs 0029-0032). Chan does not specifically disclose zero hold power actuators configured to move the left and right optical couplers relative to the left and right projectors, respectively. ‘321 discloses zero hold power actuators configured to move the left and right optical couplers relative to the left and right projectors, respectively (col. 8, lines 1-4). 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 device of Chan with the zero hold power actuators of ‘321 for the purpose of adjusting the position of displays and lens modules. Regarding claim 12, Chan discloses further comprising at least one sensor (16, sensors) configured to measure angular orientations of the lift and right projectors relative to the left and right optical couplers, respectively (paragraph 0025). Regarding claim 13, ‘321 discloses wherein the zero hold power actuators are configured to tilt the left and right optical couplers relative to the left and right projectors to compensate for misalignment between the left and right optical couplers and the left and right projectors, respectively (col. 8, lines 1-4). Regarding claim 14, ‘321 discloses wherein the zero hold power actuators comprise at least one zero hold power actuator coupled to the head-mounted support (col. 8, lines 1-4). Regarding claim 15, ‘321 discloses wherein the zero hold power actuators comprise at least one zero hold power actuator coupled to a selected one of the left and right projectors (col. 8, lines 1-4 and figure 2). Regarding claim 16, Chan discloses wherein the left and right optical couplers each comprise a tiltable prism (paragraph 0031). Regarding claim 17, Chan discloses a head-mounted device (8, system) (paragraph 0019), comprising: a head-mounted support (10, electronic device) (paragraph 0020); a projector, a waveguide, and a prism that are supported by the head-mounted support and that are configured to provide an image to an eye box (paragraphs 0024 and 0029-0032); and Chan does not specifically at least one zero hold power piezoelectric actuator configured to adjust optical alignment of the projector, the waveguide, and the prism. ‘321 discloses at least one zero hold power piezoelectric actuator configured to adjust optical alignment of the projector, the waveguide, and the prism (col. 8, lines 1-4). 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 device of Chan with the zero hold power actuators of ‘321 for the purpose of adjusting the position of displays and lens modules. Regarding claim 18, ‘321 discloses wherein at least a given one of the projector, the waveguide, and the prism is tilted about a pivot by the zero hold power piezoelectric actuator (col. 8, lines 1-4 and figure 2). Regarding claim 19, ‘321 discloses wherein the zero hold power piezoelectric actuator is configured to tilt the projector (col. 8, lines 1-4 and figure 2). Regarding claim 20, ‘321 discloses wherein the zero hold power piezoelectric actuator is configured to tilt the waveguide (col. 8, lines 1-4 and figure 2). Allowable Subject Matter Claims 2 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding claim 2, Chan or ‘321 does not disclose wherein the at least one sensor is configured to measure angular orientation between the projector and the prism, wherein the positioner comprises a zero hold power piezoelectric actuator, and wherein the positioner is configured to prevent misalignment-induced distortion to the image by using the zero hold power piezoelectric actuator to adjust the angular orientation between the projector and the prism. Regarding claim 10, Chan or ‘321 does not disclose further comprising fluid between the prism and the waveguide, wherein the prism is configured to receive the image from the projector after the image has passed through the waveguide. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDI N THOMAS whose telephone number is (571)272-2341. The examiner can normally be reached Monday - Friday 7:30 - 3:30. 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, Stephone Allen can be reached at 571-272-2434. 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. /BRANDI N THOMAS/Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Feb 19, 2024
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
90%
With Interview (+7.8%)
2y 10m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1118 resolved cases by this examiner. Grant probability derived from career allowance rate.

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