Prosecution Insights
Last updated: October 02, 2026
Application No. 18/447,132

Visible Background Rejection Techniques for Shared-Camera Hardware

Non-Final OA §103
Filed
Aug 09, 2023
Priority
Aug 11, 2022 — provisional 63/371,187
Examiner
XU, XIAOLAN
Art Unit
2488
Tech Center
2400 — Computer Networks
Assignee
Sim Ip Hxr LLC
OA Round
3 (Non-Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
259 granted / 349 resolved
+16.2% vs TC avg
Moderate +13% lift
Without
With
+13.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
26 currently pending
Career history
388
Total Applications
across all art units

Statute-Specific Performance

§101
6.9%
-33.1% vs TC avg
§103
53.6%
+13.6% vs TC avg
§102
18.5%
-21.5% vs TC avg
§112
12.1%
-27.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 349 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/20/2026 has been entered. Response to Arguments Applicant’s arguments with respect to amended claim 12 have been considered but are moot because the new ground of rejection does not only rely on citations of the references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 factual inquiries 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 12-13, 15-25 are rejected under 35 U.S.C. 103 as being unpatentable over AKKAYA et al. (US 20190306386 A1) in view of Price et al. (US 20210358156 A1). Regarding claim 12. AKKAYA discloses A system (figure 1, [0016] FIG. 1 shows aspects of an example camera 100) comprising: a camera module having a liquid crystal optical shutter (figure 1, [0016] FIG. 1 shows aspects of an example camera 100. Camera 100 includes a sensor array 104 of individually addressable sensor elements 106; [0021] an electronically switchable optical filter 114 is included; [0023] Optical filter 114 includes one or more layers of liquid crystals (LC) that are used to selectively block spectral light in the spectral light sub-band) and connected to a synchronization circuit ([0053] Electronic controller machine 120 is configured to switch optical filter 114 from the reflection state to the transmission state and, synchronously address sensor elements 106 of sensor array 104 to acquire a monochrome image) and a processing circuit ([0052] Electronic controller machine 120; [0059] another processing component for additional image processing (e.g., filtering, computer vision). In some examples, the processing component may be incorporated into the camera 100. In some examples, the processing component may be incorporated into a remote computing device in communication with the camera 100), and an infrared light source for IR illumination (figure 1 unit 118, [0048] An IR illuminator 118 is configured to emit active IR light to illuminate the subject 102); wherein, when the liquid crystal optical shutter is in an open state during ambient light exposure, the liquid crystal optical shutter allows incident visible light and infrared light to reach the camera module ([0018] Such operation and materials of the sensor array allows for the same sensor array to be used to measure active light across a broad spectrum (e.g., ˜400-1100 nm) including ultraviolet, visible, NIR, and IR light; [0021] Configured for visible as well as IR imaging. In implementations in which both visible and IR response is required at each sensor element, all of the color filter elements may be highly transmissive in the IR band of interest. For this purpose, in implementations in which both visible and IR imaging are provided, an electronically switchable optical filter 114 is included; [0022] In the transmission state, optical filter 114 is configured to transmit light both inside and outside the spectral light sub-band. In some implementations, optical filter 114 may be broadly transmissive in the transmission state—i.e., transmitting all of the wavelengths blocked and transmitted in the reflection state) and the processing circuit produces a first image for computer vision ([0059] electronic controller machine 120 may be configured to output the matrix of pixels 126 (and/or any other suitable parameter value) to any suitable recipient internal or external to the camera 100. For example, electronic controller machine 120 may be configured to output the matrix of pixels 126 to another processing component for additional image processing (e.g., filtering, computer vision)); and when the liquid crystal optical shutter is in a closed state, the infrared light source is activated for IR illumination of one or more objects outside the camera module, the liquid crystal optical shutter blocks incident visible light but allows incident infrared light to reach the camera module ([0053] electronic controller machine 120 is configured to switch optical filter 114 from the transmission state to the reflection state, synchronously modulate IR emitter 118, and address sensor elements 106 of sensor array 104 to acquire an IR image; [0029] [0044] when the optical filter is in the reflection state, the optical filter 114 can be used for IR/depth imaging without interference from impinging spectral light outside of the IR light sub-band (e.g. visible light); [0048] An IR illuminator 118 is configured to emit active IR light to illuminate the subject 102; [0057] In time-of-flight (ToF) implementations, the illumination source—an IR emitter—may project pulsed or otherwise modulated IR illumination towards the subject. The sensor array of the depth-imaging camera may be configured to detect the phase offset between the illumination reflected back from the subject and the modulated emission. In some implementations, the phase offset of each sensor element may be converted into a pixel-resolved time-of-flight of the pulsed illumination, from the illumination source to the subject and then to the array. ToF data may then be converted into depth; [0083] an infrared, color, stereoscopic, and/or depth camera for machine vision and/or gesture recognition; [0070] At 504 of method 500, an IR illuminator of the camera is activated to illuminate a subject with active IR light; [0086] the controller machine may be configured to activate the IR illuminator to illuminate a subject with the active IR light while the optical filter is in the reflection state) and the processing circuit produces a second image ([0022] In the reflection state, optical filter 114 is configured to block spectral light in a spectral light sub-band (e.g., visible light sub-band) and transmit light outside the spectral light sub-band (e.g., NIR or IR sub-bands); [0070] At 506 of method 500, each of a plurality of sensors of a sensor array of the camera is addressed to measure an aspect of the active IR light emitted from the IR illuminator and reflected from the subject back to each of the sensors; [0055] In combination depth- and flat-imaging applications, both of the above addressing modes may be used in an alternating (i.e., multiplexed) manner synchronously timed with corresponding switching the state of optical filter 114). However, AKKAYA doesn’t explicitly disclose the processing circuit performs simultaneous localization and mapping (SLAM) on the visible light and the infrared light; the processing circuit performs IR-based tracking of the one or more objects using the incident infrared light and produces a second image for IR-based object tracking. Price discloses a processing circuit performs simultaneous localization and mapping (SLAM) on visible light and infrared light ([0073] cameras that are primarily used for computer vision to perform head tracking (e.g., as referenced above with reference to visual-inertial SLAM). These cameras can detect visible light, or even a combination of visible and IR light (e.g., a range of IR light, including IR light having a wavelength of about 850 nm)); the processing circuit performs IR-based tracking of one or more objects using incident infrared light and produces an image for IR-based object tracking ([0073] cameras that are primarily used for computer vision to perform head tracking. Thermal/long wavelength IR devices (i.e. thermal imaging cameras) have pixel sizes that are about 10 μm or larger and detect heat radiated from the environment. These cameras are sensitive to wavelengths in the 8 μm to 14 μm range. Some embodiments also include mid-IR cameras configured to detect at least mid-IR light). 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 invention of AKKAYA according to the invention of Price, to perform SLAM, in order to better track objects; and to perform IR-based tracking, in order to better track objects in dark. Regarding claim 13. AKKAYA discloses The system as in claim 12, wherein the synchronization circuit conducts synchronization of the infrared light source with the liquid crystal optical shutter (figure 1 unit 118, [0048] An IR illuminator 118 is configured to emit active IR light to illuminate the subject 102; [0053] electronic controller machine 120 is configured to switch optical filter 114 from the transmission state to the reflection state, synchronously modulate IR emitter 118, and address sensor elements 106 of sensor array 104 to acquire an IR image; [0055] In combination depth- and flat-imaging applications, both of the above addressing modes may be used in an alternating (i.e., multiplexed) manner synchronously timed with corresponding switching the state of optical filter 114). Regarding claim 15. AKKAYA discloses The system as in claim 12, wherein the liquid crystal optical shutter is integrated into the camera module (figure 1, [0021] an electronically switchable optical filter 114 is included). Regarding claim 16. AKKAYA discloses The system as in claim 12, wherein the infrared light source is directed to objects outside the camera module where some infrared light from the infrared light source is reflected from outside the camera module into the camera module (figure 1 unit 118, [0048] An IR illuminator 118 is configured to emit active IR light to illuminate the subject 102; [0053] electronic controller machine 120 is configured to switch optical filter 114 from the transmission state to the reflection state, synchronously modulate IR emitter 118, and address sensor elements 106 of sensor array 104 to acquire an IR image). Regarding claim 17. AKKAYA discloses The system as in claim 16, wherein the infrared light source produces linearly polarized infrared light ([0029] in the reflection state, IR light (e.g., 222 of FIG. 2A) in the IR light sub-band 226 is transmitted with high efficiency independent of its polarization; [0069] when the optical filter is switched to the reflection state, the optical filter may block visible light and transmit IR light regardless of polarization of the light). Regarding claim 18. AKKAYA discloses The system as in claim 12, further comprising a distinguisher that distinguishes foreground objects from background objects ([0057] the phase offset of each sensor element may be converted into a pixel-resolved time-of-flight of the pulsed illumination, from the illumination source to the subject and then to the array. ToF data may then be converted into depth (inherently foreground and background objects are distinguished by their depth)). Regarding claim 19. AKKAYA discloses The system as in claim 18, wherein at least one of the foreground objects is tracked ([0057] the phase offset of each sensor element may be converted into a pixel-resolved time-of-flight of the pulsed illumination, from the illumination source to the subject and then to the array. ToF data may then be converted into depth; [0056] The term ‘depth video’ refers herein to a time-resolved sequence of depth maps (corresponding to object tracking)). Regarding claim 20. AKKAYA discloses The system as in claim 19, wherein the at least one of the foreground objects is a hand ([0074] computing system 600 may take the form of camera 100 or electronic controller machine 120 of FIG. 1; [0075] Computing system 600 may optionally include a input subsystem 608; [0083] the input subsystem may comprise or interface with selected natural user input (NUI) componentry. Example NUI componentry may include an infrared, color, stereoscopic, and/or depth camera for machine vision and/or gesture recognition (corresponding to hand recognition)). Regarding claim 21. (New) Price discloses The system as in claim 19, wherein the first image for computer vision is for head tracking ([0073] cameras that are primarily used for computer vision to perform head tracking (e.g., as referenced above with reference to visual-inertial SLAM). These cameras can detect visible light, or even a combination of visible and IR light (e.g., a range of IR light, including IR light having a wavelength of about 850 nm)). The same motivation has been stated in claim 12. Regarding claim 22. (New) Price discloses The system as in claim 19, wherein the one or more objects comprise a hand and the second image is for IR-based hand tracking ([0073] cameras that are primarily used for computer vision to perform … tracking. Thermal/long wavelength IR devices (i.e. thermal imaging cameras) have pixel sizes that are about 10 μm or larger and detect heat radiated from the environment. These cameras are sensitive to wavelengths in the 8 μm to 14 μm range. Some embodiments also include mid-IR cameras configured to detect at least mid-IR light; [0058] To convert a raw image into a passthrough image, the scanning sensor(s) 205 typically rely on its cameras (e.g., head tracking cameras, hand tracking cameras, depth cameras, or any other type of camera) to obtain one or more raw images of the environment (MPEP 2144.07: intended use: tracking is used for hand tracking)). The same motivation has been stated in claim 12. Regarding claim 23. (New) Price discloses The system as in claim 19, being part of an extended reality, XR, device ([0001] Mixed-reality systems, including virtual-reality and augmented-reality systems; figure 2). Regarding claim 24. (New) AKKAYA in view of Price discloses The system as in claim 12, wherein the liquid crystal optical shutter is configured to cyclically alternate between the open state and the closed stated and the processing circuit to alternatively produce the first image for computer vision and the second image for IR-based object tracking using the camera module (AKKAYA [0053] electronic controller machine 120 may be configured to control camera 100 to alternately acquire IR images and visible light images; AKKAYA [0055] both of the above addressing modes may be used in an alternating (i.e., multiplexed) manner synchronously timed with corresponding switching the state of optical filter 114; Price [0073] cameras that are primarily used for computer vision to perform head tracking. These cameras can detect visible light, or even a combination of visible and IR light (e.g., a range of IR light, including IR light having a wavelength of about 850 nm). Thermal/long wavelength IR devices (i.e. thermal imaging cameras) have pixel sizes that are about 10 μm or larger and detect heat radiated from the environment. These cameras are sensitive to wavelengths in the 8 μm to 14 μm range. Some embodiments also include mid-IR cameras configured to detect at least mid-IR light). 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 invention of AKKAYA according to the invention of Price, to apply AKKAYA’s camera system in computer vision and IR-based tracking alternatively, in order to better track objects. Regarding claim 25. (New) AKKAYA discloses The system as in claim 19, wherein the camera module comprises a mono wide-angle camera (figure 1, [0016] FIG. 1 shows aspects of an example camera 100. The term ‘camera’ refers herein to any imaging component having at least one optical aperture and sensor array configured to image a scene or subject 102. Camera 100 includes a sensor array 104 of individually addressable sensor elements 106). Claim Objections Claim 18 is objected to because of the following informalities: claim 18 is dependent on a canceled claim 14. Appropriate correction is required. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIAOLAN XU whose telephone number is (571)270-7580. The examiner can normally be reached Mon. to Fri. 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, SATH V. PERUNGAVOOR can be reached at (571) 272-7455. 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. /XIAOLAN XU/Primary Examiner, Art Unit 2488
Read full office action

Prosecution Timeline

Aug 09, 2023
Application Filed
Oct 10, 2025
Non-Final Rejection mailed — §103
Jan 11, 2026
Response Filed
Mar 18, 2026
Final Rejection mailed — §103
Jul 20, 2026
Request for Continued Examination
Jul 26, 2026
Response after Non-Final Action
Aug 24, 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

3-4
Expected OA Rounds
74%
Grant Probability
87%
With Interview (+13.2%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 349 resolved cases by this examiner. Grant probability derived from career allowance rate.

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