Prosecution Insights
Last updated: April 19, 2026
Application No. 18/517,267

ELECTROLUMINESCENT REFERENCE FIDUCIAL AND SYSTEM THEREFOR

Final Rejection §103
Filed
Nov 22, 2023
Examiner
BOCAR, DONNA V
Art Unit
2621
Tech Center
2600 — Communications
Assignee
Rockwell Collins Inc.
OA Round
3 (Final)
58%
Grant Probability
Moderate
4-5
OA Rounds
2y 7m
To Grant
77%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
212 granted / 367 resolved
-4.2% vs TC avg
Strong +19% interview lift
Without
With
+19.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
35 currently pending
Career history
402
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
56.8%
+16.8% vs TC avg
§102
22.5%
-17.5% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 367 resolved cases

Office Action

§103
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 . Claims 1-3, 9-10, 16-19, have been 21 amended. Claims 4-5, 13-15, and 20 are cancelled. Claims 1-3, 6-12, 16-19, and 21-22 are currently under review. Information Disclosure Statement The information disclosure statement (IDS) submitted on October 6, 2025 is being considered by the examiner. Response to Arguments Applicant's arguments filed August 14, 2025 have been fully considered but they are not persuasive. The Applicant argues on page 10 of the remarks that the amendments to claims 1 and 21 “wherein one or more of the at least one electroluminescent cockpit reference fiducials is transparent over a visible spectrum” are not taught by the prior art, Werners. The Applicant argues on page 11 of the remarks that Werners does not teach that the electroluminescent arrangement is an electroluminescent cockpit reference fiducial and argues on page 12 of the remarks that there is no motivation to combine references. The Office disagrees. Roggendorf is cited to teach cockpit reference fiducials that include a printed or embossed pattern, since the cockpit reference fiducials are not electroluminescent, Poynter is cited to teach reference fiducials that are reflective or electroluminescent that include a printed pattern (¶60), resulting in a combined electroluminescent cockpit reference fiducial for providing alternative implementations of cockpit reference fiducials. Since Roggendorf and Poynter combined do not teach wherein the at least one electroluminescent cockpit reference fiducial has at least two regions, Busby is cited to teach reference fiducials have at least two regions that operate in a visible light band and invisible band. Poynter does not mention that the electroluminescent reference fiducial is transparent over a visible spectrum, therefore Werners is cited to teach that the electroluminescent arrangements are for interior or exterior use or in airborne or waterborne vehicles (¶197), the electroluminescent arrangement to produce a symbol in the manner of a watermark (¶243), and to be substantially transparent (¶230). Regardless of Werners teaching that the electroluminescent arrangement is for use in an airborne vehicle, the implementation of a reference fiducial in a cockpit is already taught by Roggendorf. The Applicant further argues on page 12 of the remarks that Werners requires the use of an electroluminescent arrangement consisting of a rear electrode, a dielectric layer, an electroluminescent layer 24, and a cover electrode which is not taught by the other prior art. The teaching of Werners on how the electroluminescent arrangement is composed does not prohibit the combination of references since the limitations only require obtaining image data by an optical sensor from a reference fiducial. Therefore, the references as cited teaches all the claim limitations. Claim Objections Claims 1-2 are objected to because of the following informalities: typographic errors. Appropriate correction is required. The following is suggested Claim 1, at the bottom of page 2 of claim 1: “cockpit reference fiducials, Claim 1, at the top of page 3 of claim 1: “ Claim 2, line 3: “at least one of a visible spectrum or within an invisible spectrum.” 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 1-3, 6-8, 10, 12, 16-17, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Roggendorf et al. (Patent No.: US 9,892,489 B1) hereinafter referred to as Roggendorf (as cited on the IDS received 12/4/2023) in view of Poynter et al. (Pub. No.: US 2022/0358736 A1) hereinafter referred to as Poynter, and in view of Busby (Pub. No.: US 2022/0138446 A1), in view of Werners et al. (Pub. No.: US 2010/0299978 A1) hereinafter referred to as Werners. With respect to Claim 1, Roggendorf teaches a system (fig. 1, item 10; column 3, lines 4-16), comprising: reference fiducials (fig. 6, having items 72 and 74 shown in figure 5; column 6, lines 44-48 and lines 53-60), each of the reference fiducials located at a different location within an environment (fig. 5, item 72 is at a separate location than item 74); a head wearable display device (figs. 1 and 2, item 56; column 3, line 28) configured to be worn by a user, the head wearable display device comprising: a display (fig. 1, item 56; column 3, lines 30-42; column 4, lines 8-12) configured to display images aligned with a field of view of the user (column 4, lines 51-67); and at least one optical sensor (fig. 2, items 262, 264, 266), the at least one optical sensor configured to: capture images of one or more of the at least one reference fiducial (column 4, lines 38-42 and lines 58-60); and output optical sensor image data corresponding to the captured images (column 4, lines 51-57); wherein the one or more of the at least one reference fiducial are located on at least one surface within the environment (column 6, lines 53-66, “virtual display 75 includes a virtual panel 77 that is provided in a location associated with marker 72 and 74”), each of the at least one surface not being one of an at least one exterior surface of the head wearable display device (figs. 5 and 6); wherein the at least one optical sensor is located on at least one of the head wearable display device within the environment (fig. 2, items 262, 264, and 266; column 4, lines 43-46); wherein the environment is a vehicle cockpit (figs. 5-6; column 6, lines 44-52), wherein the reference fiducials are cockpit reference fiducials (fig. 5, items 72 and 74 are cockpit reference fiducials because they are located in a cockpit); and at least one processor (fig. 1, item 54 and 50 comprises processor 268; column 4, lines 27-35 and lines 51-53), the at least one processor communicatively coupled to the at least one optical sensor (column 4, lines 51-53), the at least one processor is implemented in and/or on the head wearable display device (fig. 2, item 268; column 4, lines 36-37), the at least one processor configured to: receive the optical sensor image data (column 4, lines 51-53); and based at least on the optical sensor image data, determine a position and orientation of the head wearable display device, wherein the display is configured to display the images aligned with the field of view of the user based at least on the determined position and the determined orientation of the head wearable display device (column 4, line 51 to column 5, line 11; column 5, lines 40-42). Although Roggendorf teaches the at least one of the reference fiducials is a QR pattern (column 5, lines 23-28) in a cockpit (fig. 5, items 72 and 74 are reference fiducials), Roggendorf does not teach wherein at least one of the reference fiducials is at least one electroluminescent reference fiducial nor does Roggendorf teach wherein the at least one electroluminescent reference fiducial is at least one electroluminescent cockpit reference fiducial. Poynter teaches a system (fig. 3, item 300; ¶65), comprising: reference fiducials (fig. 2B, items 206 and 210; ¶60, “high contrast fiducial markers 206 (e.g., reflective or electroluminescent)… These high contrast fiducial markers may include, but are not limited to, printed designs and patterns, bar codes 210, bright colors 212, or types of markings around the edge of the mobile device case so that it is clearly visible in a camera that may be used with machine vision to track those fiducial markers”), each of the reference fiducials located at a different location within an environment (fig. 2B, items 206 and 210 are located at different locations along the case), wherein at least one of the reference fiducials is at least one electroluminescent reference fiducial (¶60, “Passive tracking module, includes a case with passive markers, such as high contrast fiducial markers 206 (e.g., reflective or electroluminescent) and/or 208 (dark) are placed along front edges of the tracking module”); and at least one optical sensor (fig. 3, item 302; ¶65), the at least one optical sensor configured to capture images of the at least one electroluminescent reference fiducial (¶65, “These onboard cameras 302 are used to track objects using machine vision techniques without the use of external base stations or separate external cameras. ... These headsets may track active lights or passive markers on the mobile device tracking module 103 and use machine vision techniques to track the motion of the lights/markers”); and output optical sensor image data corresponding to the captured imaged (¶65, “since they know the exact position of those markers, they may then calculate the orientation and position of the mobile device tracking module”; ¶66, “This provides a calculated location of the mobile device case's bounding rectangle (perimeter) that may be used within the VR Simulation”). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the system of Roggendorf, to replace at least one reference fiducial of Roggendorf with at least one electroluminescent reference fiducial of Poynter resulting in wherein at least one of the reference fiducials is at least one electroluminescent reference fiducial and wherein the at least one electroluminescent reference fiducial is at least one electroluminescent cockpit reference fiducial, as taught by Poynter so as to provide alternative implementations of reference fiducials. Roggendorf and Poynter combined do not teach wherein the at least one electroluminescent cockpit reference fiducial has at least two regions including a first region and a second region, said first region of the at least one electroluminescent cockpit reference fiducial being configured to emit light within a first band of an electromagnetic spectrum, said second region of the at least one electroluminescent cockpit reference fiducial being configured to emit light within a second band of the electromagnetic spectrum, the first band and the second band being different. Busby teaches a reference fiducial (fig. 20, item 360) has at least two regions including a first region (fig. 20, item 362) and a second region (fig. 20, item 370), said first region of the reference fiducial being configured to emit light within a first band of an electromagnetic spectrum (¶101, “Modules 362, 363, and 365 each have two absorptive regions, and consequently may reflect only incident light which is outside the absorption band of both those regions”), said second region of the reference fiducial being configured to emit light within a second band of the electromagnetic spectrum (¶100, “modules 369 and 370 of label 360 do not include any absorptive regions, as indicated by the lack of hatching. Thus, these modules may reflect substantially all incident light back toward the reader. Relatively high amounts of reflected light from a module at wavelengths within a respective absorption band”), the first band and the second band being different (since the first region reflects light outside the absorption band and the second region reflects light within an absorption band, the first band and the second band are different). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Roggendorf and Poynter, such that the reference fiducial of Busby is implemented as an electroluminescent cockpit reference fiducial, resulting in wherein the at least one electroluminescent cockpit reference fiducial has at least two regions including a first region and a second region, said first region of the at least one electroluminescent cockpit reference fiducial being configured to emit light within a first band of an electromagnetic spectrum, said second region of the at least one electroluminescent cockpit reference fiducial being configured to emit light within a second band of the electromagnetic spectrum, the first band and the second band being different, as taught by Busby so as to provide improved machine-readable optical labels and increase encoded data (¶8). Roggendorf, Poynter, and Busby combined do not mention wherein one or more of the at least one electroluminescent cockpit reference fiducial is transparent over a visible spectrum. Werners teaches an electroluminescent arrangement (fig. 2, item 6; ¶197; ¶287) that is adhered to a surface (fig. 2, item 4; ¶287) via an adhesive (fig. 2, item 5; ¶287; ¶289), the electroluminescent arrangement is transparent over the visible spectrum (¶3; ¶6; ¶7, “In principle both flat electrodes can also be made largely transparent and in this way a translucent EL element is formed that exhibits a light emission on both sides”; ¶110; ¶111, “at least partially transparent" is understood in the context of the present invention to denote an electrode that is constructed of a material that has a transmission of in general … especially more than 90%”; ¶230, “the electroluminescent arrangement according to the invention, is designed to be substantially transparent”). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Roggendorf, Poynter, and Busby, wherein the at least one electroluminescent cockpit reference fiducial is transparent over the visible spectrum, as taught by Werners so as to be applied on a variety of surfaces without obstructing a view when not in use. With respect to Claim 2, claim 1 is incorporated, Roggendorf, Poynter, and Werners combined do not explicitly teach wherein the one or more of the at least one electroluminescent reference fiducial is configured to emit light at least one of within a visible spectrum or within an invisible spectrum. Busby teaches a reference fiducial (fig. 20, item 360) has at least two regions including a first region (fig. 20, item 362) and a second region (fig. 20, item 370), said first region of the reference fiducial being configured to emit light within a first band of an electromagnetic spectrum (¶101, “Modules 362, 363, and 365 each have two absorptive regions, and consequently may reflect only incident light which is outside the absorption band of both those regions”), said second region of the reference fiducial being configured to emit light within a second band of the electromagnetic spectrum (¶100, “modules 369 and 370 of label 360 do not include any absorptive regions, as indicated by the lack of hatching. Thus, these modules may reflect substantially all incident light back toward the reader. Relatively high amounts of reflected light from a module at wavelengths within a respective absorption band”), the first band and the second band being different (since the first region reflects light outside the absorption band and the second region reflects light within an absorption band, the first band and the second band are different); wherein the at least one electroluminescent reference fiducial is configured to emit light at least within a visible spectrum (¶49, “the data storage layer 22 may operate in not only the visible light band (e.g., 380-760 nm), but also the near-ultraviolet (e.g., 300-380 nm) and the near-infrared (e.g., 760-2000 nm) bands”) or within an invisible spectrum (¶49, “the data storage layer 22 may operate in not only the visible light band (e.g., 380-760 nm), but also the near-ultraviolet (e.g., 300-380 nm) and the near-infrared (e.g., 760-2000 nm) bands”). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Roggendorf, Poynter, and Werners, such that the reference fiducial of Busby is implemented as an electroluminescent cockpit reference fiducial, resulting in wherein the one or more of the at least one electroluminescent reference fiducial is configured to emit light at least within one of a visible spectrum or within an invisible spectrum, as taught by Busby so as to provide improved machine-readable optical labels and increase encoded data (¶8). With respect to Claim 3, claim 1 is incorporated, Roggendorf, Poynter, and Werners combined do not explicitly teach wherein at least one of the one or more of the at least one electroluminescent reference fiducial is configured at least to emit light within an infrared (IR) spectrum or a near infrared (NIR) spectrum. Busby teaches a reference fiducial (fig. 20, item 360) has at least two regions including a first region (fig. 20, item 362) and a second region (fig. 20, item 370), said first region of the reference fiducial being configured to emit light within a first band of an electromagnetic spectrum (¶101, “Modules 362, 363, and 365 each have two absorptive regions, and consequently may reflect only incident light which is outside the absorption band of both those regions”), said second region of the reference fiducial being configured to emit light within a second band of the electromagnetic spectrum (¶100, “modules 369 and 370 of label 360 do not include any absorptive regions, as indicated by the lack of hatching. Thus, these modules may reflect substantially all incident light back toward the reader. Relatively high amounts of reflected light from a module at wavelengths within a respective absorption band”), the first band and the second band being different (since the first region reflects light outside the absorption band and the second region reflects light within an absorption band, the first band and the second band are different); wherein the one or more of the at least one electroluminescent reference fiducial is configured at least to emit light within a near infrared (NIR) spectrum (¶49, “the data storage layer 22 may operate in not only the visible light band (e.g., 380-760 nm), but also the near-ultraviolet (e.g., 300-380 nm) and the near-infrared (e.g., 760-2000 nm) bands”). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Roggendorf, Poynter, and Werners, such that the reference fiducial of Busby is implemented as an electroluminescent cockpit reference fiducial, resulting in wherein at least one of the one or more of the at least one electroluminescent reference fiducial is configured at least to emit light within a near infrared (NIR) spectrum, as taught by Busby so as to provide improved machine-readable optical labels and increase encoded data (¶8). With respect to Claim 6, claim 1 is incorporated, Roggendorf, Poynter, and Werners do not mention wherein said first band and said second band are non-overlapping. Busby teaches a reference fiducial (fig. 20, item 360) has at least two regions including a first region (fig. 20, item 362) and a second region (fig. 20, item 370), said first region of the at least one reference fiducial being configured to emit light within a first band of an electromagnetic spectrum (¶101, “Modules 362, 363, and 365 each have two absorptive regions, and consequently may reflect only incident light which is outside the absorption band of both those regions”), said second region of the at least one reference fiducial being configured to emit light within a second band of the electromagnetic spectrum (¶100, “modules 369 and 370 of label 360 do not include any absorptive regions, as indicated by the lack of hatching. Thus, these modules may reflect substantially all incident light back toward the reader. Relatively high amounts of reflected light from a module at wavelengths within a respective absorption band”), the first band and the second band being different (since the first region reflects light outside the absorption band and the second region reflects light within an absorption band, the first band and the second band are different); wherein said first band and said second band are non-overlapping (fig. 20, item 362 does not overlap with item 370). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Roggendorf, Poynter, and Werners, such that the reference fiducial of Busby are implemented as an electroluminescent cockpit reference fiducial, resulting in wherein said first band and said second band are non-overlapping, as taught by Busby so as to provide improved machine-readable optical labels and increase encoded data (¶8). With respect to Claim 7, claim 1 is incorporated, Roggendorf, Poynter, and Werners combined do not mention wherein said first region of the at least one electroluminescent cockpit reference fiducial is configured to emit light within said first band of an invisible spectrum, said second region of the at least one electroluminescent cockpit reference fiducial being configured to emit light within said second band of the invisible spectrum. Busby teaches a reference fiducial (fig. 20, item 360) has at least two regions including a first region (fig. 20, item 362) and a second region (fig. 20, item 370), said first region of the at least one reference fiducial being configured to emit light within a first band of an electromagnetic spectrum (¶101, “Modules 362, 363, and 365 each have two absorptive regions, and consequently may reflect only incident light which is outside the absorption band of both those regions”), said second region of the at least one reference fiducial being configured to emit light within a second band of the electromagnetic spectrum (¶100, “modules 369 and 370 of label 360 do not include any absorptive regions, as indicated by the lack of hatching. Thus, these modules may reflect substantially all incident light back toward the reader. Relatively high amounts of reflected light from a module at wavelengths within a respective absorption band”), the first band and the second band being different (since the first region reflects light outside the absorption band and the second region reflects light within an absorption band, the first band and the second band are different; ¶9); wherein said first region of the at least one electroluminescent cockpit reference fiducial is configured to emit light within said first band of an invisible spectrum (¶80, “Emitters 252 may also be configured to emit light outside the visible spectrum, such as light having wavelengths in the infrared and ultraviolet regions of the electromagnetic spectrum” – near-ultraviolet band; ¶89; ¶97), said second region of the at least one electroluminescent cockpit reference fiducial being configured to emit light within said second band of the invisible spectrum (¶80, “Emitters 252 may also be configured to emit light outside the visible spectrum, such as light having wavelengths in the infrared and ultraviolet regions of the electromagnetic spectrum” – near-infrared band; ¶89; ¶97; claim 1). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Roggendorf, Poynter, and Werners, such that the reference fiducial of Busby are implemented as an electroluminescent cockpit reference fiducial, resulting in wherein said first region of the at least one electroluminescent cockpit reference fiducial is configured to emit light within said first band of an invisible spectrum, said second region of the at least one electroluminescent cockpit reference fiducial being configured to emit light within said second band of the invisible spectrum, as taught by Busby so as to provide improved machine-readable optical labels and increase encoded data (¶8). With respect to Claim 8, claim 7 is incorporated, Roggendorf, Poynter, and Werners combined do not mention wherein said first region of the at least one electroluminescent cockpit reference fiducial is configured to emit light within said first band of an infrared spectrum, said second region of the at least one electroluminescent cockpit reference fiducial being configured to emit light within said second band of the infrared spectrum. Busby teaches a reference fiducial (fig. 20, item 360) has at least two regions including a first region (fig. 20, item 362) and a second region (fig. 20, item 370), said first region of the at least one reference fiducial being configured to emit light within a first band of an electromagnetic spectrum (¶101, “Modules 362, 363, and 365 each have two absorptive regions, and consequently may reflect only incident light which is outside the absorption band of both those regions”), said second region of the at least one reference fiducial being configured to emit light within a second band of the electromagnetic spectrum (¶100, “modules 369 and 370 of label 360 do not include any absorptive regions, as indicated by the lack of hatching. Thus, these modules may reflect substantially all incident light back toward the reader. Relatively high amounts of reflected light from a module at wavelengths within a respective absorption band”), the first band and the second band being different (since the first region reflects light outside the absorption band and the second region reflects light within an absorption band, the first band and the second band are different; ¶9); wherein said first region of the at least one electroluminescent cockpit reference fiducial is configured to emit light within said first band of an invisible spectrum (¶80, “Emitters 252 may also be configured to emit light outside the visible spectrum, such as light having wavelengths in the infrared and ultraviolet regions of the electromagnetic spectrum” – near-ultraviolet band; ¶89; ¶97), said second region of the at least one electroluminescent cockpit reference fiducial being configured to emit light within said second band of the invisible spectrum (¶80, “Emitters 252 may also be configured to emit light outside the visible spectrum, such as light having wavelengths in the infrared and ultraviolet regions of the electromagnetic spectrum” – near-infrared band; ¶89; ¶97; claim 1); wherein said first region of the at least one electroluminescent cockpit reference fiducial is configured to emit light within said first band of an infrared spectrum (¶49; ¶80; ¶101), said second region of the at least one electroluminescent cockpit reference fiducial being configured to emit light within said second band of the infrared spectrum (¶49; ¶80; ¶100). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Roggendorf, Poynter, and Werners, such that the reference fiducial of Busby are implemented as an electroluminescent cockpit reference fiducial, resulting in wherein said first region of the at least one electroluminescent cockpit reference fiducial is configured to emit light within said first band of an infrared spectrum, said second region of the at least one electroluminescent cockpit reference fiducial being configured to emit light within said second band of the infrared spectrum, as taught by Busby so as to provide improved machine-readable optical labels and increase encoded data (¶8). With respect to Claim 10, claim 8 is incorporated, Roggendorf teaches wherein the one or more of the at least one cockpit reference fiducial is at least two reference fiducials of at least two cockpit reference fiducials (see fig. 6, items 72 and 74 are two cockpit reference fiductials). Roggendorf, Busby, and Werners combined do not mention the cockpit reference fiducial is an electroluminescent cockpit reference fiducial. Poynter teaches a system (fig. 3, item 300; ¶65), comprising: reference fiducials (fig. 2B, items 206 and 210; ¶60, “high contrast fiducial markers 206 (e.g., reflective or electroluminescent)… These high contrast fiducial markers may include, but are not limited to, printed designs and patterns, bar codes 210, bright colors 212, or types of markings around the edge of the mobile device case so that it is clearly visible in a camera that may be used with machine vision to track those fiducial markers”), each of the reference fiducials located at a different location within an environment (fig. 2B, items 206 and 210 are located at different locations along the case), wherein at least one of the reference fiducials is at least one electroluminescent reference fiducial (¶60, “Passive tracking module, includes a case with passive markers, such as high contrast fiducial markers 206 (e.g., reflective or electroluminescent) and/or 208 (dark) are placed along front edges of the tracking module”); and at least one optical sensor (fig. 3, item 302; ¶65), the at least one optical sensor configured to capture images of the at least one electroluminescent reference fiducial (¶65, “These onboard cameras 302 are used to track objects using machine vision techniques without the use of external base stations or separate external cameras. ... These headsets may track active lights or passive markers on the mobile device tracking module 103 and use machine vision techniques to track the motion of the lights/markers”); and output optical sensor image data corresponding to the captured imaged (¶65, “since they know the exact position of those markers, they may then calculate the orientation and position of the mobile device tracking module”; ¶66, “This provides a calculated location of the mobile device case's bounding rectangle (perimeter) that may be used within the VR Simulation”). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Roggendorf, Busby, and Werners, to replace the one or more of the at least one reference fiducial of Roggendorf with one or more of at least one electroluminescent reference fiducial of Poynter resulting in wherein the one or more of the at least one electroluminescent cockpit reference fiducial is at least two reference fiducials of at least two electroluminescent cockpit reference fiducials, wherein the at least two reference fiducials of the at least two electroluminescent cockpit reference fiducials includes a first electroluminescent cockpit reference fiducial and a second electroluminescent cockpit reference fiducial, as taught by Poynter so as to provide alternative implementations of reference fiducials. Roggendorf, Poynter, and Werners combined do not teach wherein the at least one electroluminescent cockpit reference fiducial has at least two regions, wherein each of the first and second electroluminescent cockpit reference fiducials has one of (a) a unique geometric arrangement of said first region and said second region, (b) a unique combined electromagnetic emission profile of said first region and said second region, or (c) a unique combination of (i) a geometric arrangement of said first region and said second region and (ii) a combined electromagnetic emission profile of said first region and said second region. Busby teaches a reference fiducial (fig. 20, item 360) has at least two regions including a first region (fig. 20, item 362) and a second region (fig. 20, item 370), said first region of the reference fiducial being configured to emit light within a first band of an electromagnetic spectrum (¶101, “Modules 362, 363, and 365 each have two absorptive regions, and consequently may reflect only incident light which is outside the absorption band of both those regions”), said second region of the reference fiducial being configured to emit light within a second band of the electromagnetic spectrum (¶100, “modules 369 and 370 of label 360 do not include any absorptive regions, as indicated by the lack of hatching. Thus, these modules may reflect substantially all incident light back toward the reader. Relatively high amounts of reflected light from a module at wavelengths within a respective absorption band”), the first band and the second band being different (since the first region reflects light outside the absorption band and the second region reflects light within an absorption band, the first band and the second band are different); wherein the at least one reference fiducial has at least two regions (fig. 20, items 362, 363, …, 370 are regions), wherein each of a first and a second reference fiducials has one of (a) a unique geometric arrangement of said first region and said second region (fig. 20, item 380, 381, 382 are unique to each other and therefore each has a unique geometric arrangement), (b) a unique combined electromagnetic emission profile of said first region and said second region (fig. 20; ¶97, “The data storage layer of label 360 may include a plurality of data storage patterns 380-382 each comprising an absorptive region 386-388. Each absorption region 386-388 may have an absorption band that is spectrally independent of the absorption bands of the other data storage patterns 380-382”), or (c) a unique combination of (i) a geometric arrangement of said first region and said second region (fig. 20) and (ii) a combined electromagnetic emission profile of said first region and said second region (¶97, “FIG. 20 depicts a label 360 including an exemplary two-dimensional barcode comprising a plurality of modules 362-370 arranged in a number of rows and columns”). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Roggendorf, Poynter, and Werners, such that the reference fiducial of Busby is implemented as an electroluminescent cockpit reference fiducial, resulting in wherein the at least one electroluminescent cockpit reference fiducial has at least two regions and is at least two reference fiducials of at least two electroluminescent cockpit reference fiducials, wherein the at least two reference fiducials of the at least two electroluminescent cockpit reference fiducials includes a first electroluminescent cockpit reference fiducial and a second electroluminescent cockpit reference fiducial, wherein each of the first and second electroluminescent cockpit reference fiducials has one of (a) a unique geometric arrangement of said first region and said second region, (b) a unique combined electromagnetic emission profile of said first region and said second region, or (c) a unique combination of (i) a geometric arrangement of said first region and said second region and (ii) a combined electromagnetic emission profile of said first region and said second region, as taught by Busby so as to provide improved machine-readable optical labels and increase encoded data (¶8). With respect to Claim 12, claim 10 is incorporated, Roggendorf teaches wherein each of the first and second electroluminescent cockpit reference fiducials is indicative of a known unique location in, on, and/or within (2) the one or more surfaces within the environment (figs. 2-3 or 5; column 4, lines 58-62; column 5, lines 24-28 and 55-56) based at least on the one of (c) said unique combination (figs. 2-3 or 5, each of figs. 2-3 or 5 depicts a unique combination due to the layout/arrangement). With respect to Claim 16, claim 1 is incorporated, Roggendorf, Poynter, and Busby combined do not mention wherein each of the one or more of the at least one electroluminescent reference fiducial includes at least one electroluminescent ink. Werners teaches an electroluminescent arrangement (fig. 2, item 6; ¶287) that is adhered to a surface (fig. 2, item 4; ¶287) via an adhesive (fig. 2, item 5; ¶287; ¶289), the electroluminescent arrangement is transparent over the visible spectrum (¶3; ¶6; ¶7, “In principle both flat electrodes can also be made largely transparent and in this way a translucent EL element is formed that exhibits a light emission on both sides”; ¶110; ¶111, “at least partially transparent" is understood in the context of the present invention to denote an electrode that is constructed of a material that has a transmission of in general … especially more than 90%”); wherein the electroluminescent arrangement includes an electroluminescent layer with at least one electroluminescent ink (¶90, “The colour conversion can generally be implemented in the form of a converting layer and/or by admixture of appropriate dyes and pigments in the polymeric binder of the screen printing inks or in the polymeric matrix in which the EL pigments are incorporated”). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Roggendorf, Poynter, and Busby, to utilize the electroluminescent arrangement of Werners by applying the electroluminescent layer into the combined electroluminescent reference fiducial of Roggendorf and Poynter, resulting in wherein the at least one electroluminescent reference fiducial includes at least one electroluminescent ink so to provide common means for implementing an electroluminescent layer. With respect to Claim 17, claim 16 is incorporated, Roggendorf, Poynter, and Busby combined do not mention wherein each of said at least one electroluminescent ink is or includes a phosphor electroluminescent chemical. Werners teaches an electroluminescent arrangement (fig. 2, item 6; ¶287) that is adhered to a surface (fig. 2, item 4; ¶287) via an adhesive (fig. 2, item 5; ¶287; ¶289), the electroluminescent arrangement is transparent over the visible spectrum (¶3; ¶6; ¶7, “In principle both flat electrodes can also be made largely transparent and in this way a translucent EL element is formed that exhibits a light emission on both sides”; ¶110; ¶111, “at least partially transparent" is understood in the context of the present invention to denote an electrode that is constructed of a material that has a transmission of in general … especially more than 90%”); wherein the electroluminescent arrangement includes an electroluminescent layer with at least one electroluminescent ink (¶90, “The colour conversion can generally be implemented in the form of a converting layer and/or by admixture of appropriate dyes and pigments in the polymeric binder of the screen printing inks or in the polymeric matrix in which the EL pigments are incorporated”); wherein said at least one electroluminescent ink is or includes a phosphor electroluminescent chemical (¶90, “Normal EL emission colours are yellow, orange, green, green-blue, blue-green and white, the emission colours white or red being able to be obtained by mixtures of suitable EL phosphors (pigments)”). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Roggendorf, Poynter, and Busby, wherein each of said at least one electroluminescent ink is or includes a phosphor electroluminescent chemical, as taught by Werners so to provide common means for implementing an electroluminescent layer. With respect to Claim 21, Roggendorf teaches a system (fig. 1, item 10; column 3, lines 4-16), comprising: reference fiducials (fig. 6, having items 72 and 74 shown in figure 5; column 6, lines 44-48 and lines 53-60), each of the reference fiducials located at a different location within an environment (fig. 5, item 72 is at a separate location than item 74); a head wearable display device (figs. 1 and 2, item 56; column 3, line 28) configured to be worn by a user, the head wearable display device comprising: a display (fig. 1, item 56; column 3, lines 30-42; column 4, lines 8-12) configured to display images aligned with a field of view of the user (column 4, lines 51-67); and at least one optical sensor (fig. 2, items 262, 264, 266), the at least one optical sensor configured to: capture images of one or more of the at least one reference fiducial (column 4, lines 38-42 and lines 58-60); and output optical sensor image data corresponding to the captured images (column 4, lines 51-57); wherein the reference fiducials are located on at least one surface within the environment (column 6, lines 53-66, “virtual display 75 includes a virtual panel 77 that is provided in a location associated with marker 72 and 74”), the at least one surface within the environment not being one of the at least one exterior surface of the head wearable display device (figs. 5 and 6); wherein the at least one optical sensor is located on at least one of the head wearable display device within the environment (fig. 2, items 262, 264, and 266; column 4, lines 43-46); wherein the environment is a vehicle cockpit (figs. 5-6; column 6, lines 44-52), wherein the reference fiducials are cockpit reference fiducials (fig. 5, items 72 and 74 are cockpit reference fiducials because they are located in a cockpit); and at least one processor (fig. 1, item 54 and 50 comprises processor 268; column 4, lines 27-35 and lines 51-53), the at least one processor communicatively coupled to the at least one optical sensor (column 4, lines 51-53), the at least one processor is implemented in and/or on the head wearable display device (fig. 2, item 268; column 4, lines 36-37), the at least one processor configured to: receive the optical sensor image data (column 4, lines 51-53); and based at least on the optical sensor image data, determine a position and orientation of the head wearable display device, wherein the display is configured to display the images aligned with the field of view of the user based at least on the determined position and the determined orientation of the head wearable display device (column 4, line 51 to column 5, line 11; column 5, lines 40-42). Although Roggendorf teaches the at least one of the reference fiducials is a QR pattern (column 5, lines 23-28) on in a cockpit (fig. 5, items 72 and 74 are reference fiducials), Roggendorf does not teach wherein at least one of the reference fiducials is at least one electroluminescent reference fiducial nor does Roggendorf teach wherein the at least one electroluminescent reference fiducial is at least one electroluminescent cockpit reference fiducial. Poynter teaches a system (fig. 3, item 300; ¶65), comprising: reference fiducials (fig. 2B, items 206 and 210; ¶60, “high contrast fiducial markers 206 (e.g., reflective or electroluminescent)… These high contrast fiducial markers may include, but are not limited to, printed designs and patterns, bar codes 210, bright colors 212, or types of markings around the edge of the mobile device case so that it is clearly visible in a camera that may be used with machine vision to track those fiducial markers”), each of the reference fiducials located at a different location within an environment (fig. 2B, items 206 and 210 are located at different locations along the case), wherein at least one of the reference fiducials is at least one electroluminescent reference fiducial (¶60, “Passive tracking module, includes a case with passive markers, such as high contrast fiducial markers 206 (e.g., reflective or electroluminescent) and/or 208 (dark) are placed along front edges of the tracking module”); and at least one optical sensor (fig. 3, item 302; ¶65), the at least one optical sensor configured to capture images of the at least one electroluminescent reference fiducial (¶65, “These onboard cameras 302 are used to track objects using machine vision techniques without the use of external base stations or separate external cameras. ... These headsets may track active lights or passive markers on the mobile device tracking module 103 and use machine vision techniques to track the motion of the lights/markers”); and output optical sensor image data corresponding to the captured imaged (¶65, “since they know the exact position of those markers, they may then calculate the orientation and position of the mobile device tracking module”; ¶66, “This provides a calculated location of the mobile device case's bounding rectangle (perimeter) that may be used within the VR Simulation”). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the system of Roggendorf, to replace at least one reference fiducial of Roggendorf with at least one electroluminescent reference fiducial of Poynter resulting in wherein at least one of the reference fiducials is at least one electroluminescent reference fiducial and wherein the at least one electroluminescent reference fiducial is at least one electroluminescent cockpit reference fiducial, as taught by Poynter so as to provide alternative implementations of reference fiducials. Roggendorf and Poynter combined do not teach wherein the at least one electroluminescent cockpit reference fiducial is at least two electroluminescent reference fiducials including a first electroluminescent cockpit reference fiducial and a second electroluminescent cockpit reference fiducial, wherein the first electroluminescent cockpit reference fiducial is configured to emit light within a first band of an infrared spectrum, wherein the second electroluminescent cockpit reference fiducial is configured to emit light within a second band of the infrared spectrum, the first band and the second band being different. Busby teaches a reference fiducial (fig. 20, item 360) is at least two electroluminescent reference fiducials including a first reference fiducial (fig. 20, item 362) and a second reference fiducial (fig. 20, item 370), wherein the first reference fiducial is configured to emit light within a first band of an infrared spectrum (¶80, “Emitters 252 may also be configured to emit light outside the visible spectrum, such as light having wavelengths in the infrared and ultraviolet regions of the electromagnetic spectrum”; ¶101, “Modules 362, 363, and 365 each have two absorptive regions, and consequently may reflect only incident light which is outside the absorption band of both those regions”), wherein the second reference fiducial is configured to emit light within a second band of the infrared spectrum, the first band and the second band being different (¶49, “the data storage layer 22 may operate in not only the visible light band (e.g., 380-760 nm), but also the near-ultraviolet (e.g., 300-380 nm) and the near-infrared (e.g., 760-2000 nm) bands”; ¶100, “modules 369 and 370 of label 360 do not include any absorptive regions, as indicated by the lack of hatching. Thus, these modules may reflect substantially all incident light back toward the reader. Relatively high amounts of reflected light from a module at wavelengths within a respective absorption band”); wherein the second electroluminescent cockpit reference fiducial is configured to emit light within a second band of the infrared spectrum, the first band and the second band being different (¶59; ¶71, “Additional considerations may include error coding used to encode the data stored on the label and the ability of the reader to distinguish between different wavelengths of the reflected light received from the label”;¶73; ¶104). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Roggendorf and Poynter, such that the reference fiducial of Busby is implemented as an electroluminescent cockpit reference fiducial, resulting in wherein the at least one electroluminescent cockpit reference fiducial is at least two electroluminescent reference fiducials including a first electroluminescent cockpit reference fiducial and a second electroluminescent cockpit reference fiducial, wherein the first electroluminescent cockpit reference fiducial is configured to emit light within a first band of an infrared spectrum, wherein the second electroluminescent cockpit reference fiducial is configured to emit light within a second band of the infrared spectrum, the first band and the second band being different, as taught by Busby so as to provide improved machine-readable optical labels and increase encoded data (¶8). Roggendorf, Poynter, and Busby combined do not teach wherein at least one of the reference fiducials is transparent over a visible spectrum; wherein one or more of the at least one electroluminescent cockpit reference fiducial is transparent over a visible spectrum. Werners teaches an electroluminescent arrangement (fig. 2, item 6; ¶197; ¶287) that is a reference fiducial (¶229, “used as vehicle distinguishing signs”) that is adhered to a surface (fig. 2, item 4; ¶287) via an adhesive (fig. 2, item 5; ¶287; ¶289), the electroluminescent arrangement is a reference fiducial that is transparent over a visible spectrum (¶3; ¶6; ¶7, “In principle both flat electrodes can also be made largely transparent and in this way a translucent EL element is formed that exhibits a light emission on both sides”; ¶110; ¶111, “at least partially transparent" is understood in the context of the present invention to denote an electrode that is constructed of a material that has a transmission of in general … especially more than 90%”; ¶230, “the electroluminescent arrangement according to the invention, is designe
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Prosecution Timeline

Nov 22, 2023
Application Filed
Oct 25, 2024
Non-Final Rejection — §103
Feb 26, 2025
Response Filed
May 13, 2025
Non-Final Rejection — §103
Jul 23, 2025
Interview Requested
Jul 30, 2025
Applicant Interview (Telephonic)
Jul 30, 2025
Examiner Interview Summary
Aug 14, 2025
Response Filed
Oct 10, 2025
Final Rejection — §103 (current)

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Prosecution Projections

4-5
Expected OA Rounds
58%
Grant Probability
77%
With Interview (+19.4%)
2y 7m
Median Time to Grant
High
PTA Risk
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