Prosecution Insights
Last updated: April 19, 2026
Application No. 18/518,429

NEAR EYE DISPLAY APPARATUS

Final Rejection §103§112
Filed
Nov 22, 2023
Examiner
BOLOTIN, DMITRIY
Art Unit
2623
Tech Center
2600 — Communications
Assignee
Taiwan Semiconductor Manufacturing Company Ltd.
OA Round
4 (Final)
81%
Grant Probability
Favorable
5-6
OA Rounds
2y 4m
To Grant
94%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
901 granted / 1116 resolved
+18.7% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
21 currently pending
Career history
1137
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
43.1%
+3.1% vs TC avg
§102
26.2%
-13.8% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1116 resolved cases

Office Action

§103 §112
DETAILED ACTION It would be of great assistance to the Office if all incoming papers pertaining to a filed application carried the following items: 1. Application number (checked for accuracy, including series code and serial no.). 2. Group art unit number (copied from most recent Office communication). 3. Filing date. 4. Name of the examiner who prepared the most recent Office action. 5. Title of invention. 6. Confirmation number (See MPEP § 503). Status Claim 1, 3, 5, 11 and 18 has been amended, Claim 1 – 3, 5, 7 – 12, 14 – 18, and 20 are pending. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1 – 3, 5, 7 – 12, 14 – 18, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation "the line" in 10 of the claim. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination “front end of the line process” is interpreted as “front-end-of-line (FEOL) process”. Claims 2, 3, 5, 7 – 10 are rejected based on their dependence on claim 1. Claim 11 recites the limitation "the line" in 6 of the claim. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination “front end of the line process” is interpreted as “front-end-of-line (FEOL) process”. Claims 12, 14 – 17 are rejected based on their dependence on claim 11. Claim 18 recites the limitation "the line" in 12 of the claim. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination “front end of the line process” is interpreted as “front-end-of-line (FEOL) process”. Claims 20 is rejected based on their dependence on claim 18. 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. Claim(s) 1, 2, 3, 5, 7, 10 – 12, 14 – 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Samec et al. (US 2016/0270656) in view of Wu et al. (US 2019/0086584) and Nayak et al. (US 2017/0338276). As to claim 1 and claim 2 (dependent on 1) [in view of the rejection under 35 U.S.C. 112(b)], Samec discloses a near eye display system comprising: a frame (frame of system 62 of fig. 3A correspondent to system of fig. 25 [2143]); a first near eye display mounted on the frame (frame of system 62 of fig. 3A correspondent to system of fig. 25 [2143]) and configured to form a first image projected on a first retina of a first eye of a user (top 808, 832 and 802 of fig. 25); a second near eye display mounted on the frame (frame of system 62 of fig. 3A correspondent to system of fig. 25 [2143]) and configured to form a second image projected on a second retina of a second eye of the user (bottom 808, 832 and 802 of fig. 25); and a processing unit (processor 812 of fig. 25 [1433]) located at the frame (frame of system 62 of fig. 3A correspondent to system of fig. 25 [2143]) and configured to generate a display control signal (processor modifying properties of displayed image [2152]) to drive the first near eye display and the second near eye display (signal from processor 812 drives image processing circuitry 810 of each eye, fig. 25 [2144]), but fails to explicitly disclose that the first image is directly projected on the first retina of the first eye, wherein the first near eye display is opaque and fabricated on a silicon substrate that completely obscures the view of the user and the second image is directly projected on the second retina of the second eye, wherein the second near eye display is opaque and fabricated on a silicon substrate that completely obscures the view of the user, wherein both the first and second near eye displays comprise a silicon control transistor fabricated using front-end-of-line (FEOL) process, and wherein the first image is directly projected on the first retina of the first eye without directing the first image, and the second image is directly projected on the second retina of the second eye without directing the second image. In the same filed of endeavor, Wu discloses a near eye display device (fig. 1), wherein an image is directly projected (projected by the near eye display 100 of fig. 1) on the first retina of the first eye (the display light DL may directly project on the retina of the eye E [0014]), wherein the image is directly projected on the retina of the eye without directing the first image (as shown in fig. 1, the image is projected on to the retina without directing). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Samec and the teachings of Wu, such that that display device of Wu was used in palace of display device of Samec and such that the first image was directly projected on the first retina of the first eye and the second image was directly projected on the second retina of the second eye, and the first image was directly projected on the first retina of the first eye without directing the first image, and the second image was directly projected on the second retina of the second eye without directing the second image, with motivation to help the user receive clear images from the near-eye display device when the user focuses on the wrong distance, and allow the user to not suffer from problems cause by variations of the distance between the user and the near-eye display device and the parallax between two eyes of the user (Wu [0003]). Samec in view of Wu does not explicitly disclose that the first near eye display is opaque and fabricated on a silicon substrate that completely obscures the view of the user, and the second near eye display is opaque and fabricated on a silicon substrate that completely obscures the view of the user, wherein both the first and second near eye displays comprise a silicon control transistor fabricated using front-end-of-line (FEOL) process. In the same filed of endeavor, Nayak discloses a display system for VR or AR application [0011], wherein a display is opaque and fabricated on a silicon substrate (silicon substrate [0013]) that completely obscures the view of the user (silicon substrate [0013] is inherently opaque), wherein the display comprise a silicon control transistor fabricated using front-end-of-line (FEOL) process ( CMOS components are formed on the second major surface of the substrate using front-end-of-line (FEOL) processing [0006]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Samec in view of Wu and the teachings of Nayak, such that the first near eye display was opaque and fabricated on a silicon substrate that completely obscures the view of the user, and the second near eye display was opaque and fabricated on a silicon substrate that completely obscures the view of the user, wherein both the first and second near eye displays comprised a silicon control transistor fabricated using front-end-of-line (FEOL) process as disclosed by Nayak, with motivation to provide a cost effective and high resolution color LED displays with integrated CMOS circuitry (Nayak [0004]). As to claim 3 (dependent on 1), Samec in view of Wu does not explicitly disclose the near eye display, wherein the first near eye display includes a plurality of RGB pixels, each of the plurality of RGB pixels a luminous device electrically connected to the control transistor and controlled by a current generated by the control transistor, and wherein the first image is formed by controlling the luminous device of the plurality of RGB pixels. In the same field of endeavor, Nayak discloses a display system for VR or AR application [0011], wherein the display includes a plurality of RGB pixels (RGB pixels [0026]), each of the plurality of RGB pixels a luminous device (LED 150 of fig. 1) electrically connected (via contact 195 [0047]) to the control transistor and controlled by a current generated by the control transistor (CMOS component on the substrate [0047]), and wherein the first image is formed by controlling the luminous device of the plurality of RGB pixels (LEDs formed a display [0020], inherently showing the image). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Samec in view of Wu and the teachings of Nayak, such that the first near eye display included a plurality of RGB pixels and showed an image as disclosed by Nayak, with motivation to provide a cost effective and high resolution color LED displays with integrated CMOS circuitry (Nayak [0004]). As to claim 5 (dependent on 1) and claim 10 (dependent on 5), Samec in view of Wu does not explicitly disclose the near eye display system, wherein the first near eye display includes a plurality of RGB pixels, each RGB pixel comprising a luminous device, wherein the control transistor is electrically connected to the luminous device and configured to drive and control the luminous device by providing a current source; wherein the control transistor is electrically connected to the luminous device through a multi-layer interconnect (MLI) structure. In the same field of endeavor, Nayak discloses a display system for VR or AR application [0011], wherein the first near eye display includes a plurality of RGB pixels (RGB pixels [0026]), each RGB pixel comprising a luminous device (LED 150 of fig. 1), wherein the control transistor is electrically connected to the luminous device and configured to drive and control the luminous device by providing a current source (CMOS component on the substrate [0047]), and wherein the first image is formed by controlling the luminous device of the plurality of RGB pixels (LEDs formed a display [0020], inherently showing the image); wherein the control transistor is electrically connected to the luminous device through a multi-layer interconnect (MLI) structure (connected by the through silicon via (TSV) contacts 195 [0047]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Samec in view of Wu and the teachings of Nayak, such that the first near eye display included a plurality of RGB pixels and showed an image as disclosed by Nayak, with motivation to provide a cost effective and high resolution color LED displays with integrated CMOS circuitry (Nayak [0004]). As to claim 7 (dependent on 5), Samec discloses the near eye display system, wherein the luminous device is an organic light-emitting diode (OLED) (OLED [2216]). As to claim 11 and claim 12 (dependent on 11), Samec discloses a near eye display system comprising: a frame (frame of system 62 of fig. 3A correspondent to system of fig. 25 [2143]); at least one near eye display mounted on the frame (frame of system 62 of fig. 3A correspondent to system of fig. 25 [2143]) and configured to form a first image projected on a retina of an eye of a user (top 808, 832 and 802 of fig. 25); and a processing unit (processor 812 of fig. 25 [1433]) located at the frame (frame of system 62 of fig. 3A correspondent to system of fig. 25 [2143]) and configured to generate a display control signal to drive the at least one near eye display (signal from processor 812 drives image processing circuitry 810 of each eye, fig. 25 [2144]), but fails to explicitly disclose that the first image is directly projected on a retina of the eye of the user; wherein the at least near eye display is opaque and fabricated on a silicon substrate that completely obscures the view of the user, wherein the at least one near eye displays comprise a silicon control transistor fabricated using front-end-of-line (FEOL) process; and wherein the first image is directly projected on the retina without directing the first image. In the same filed of endeavor, Wu discloses a near eye display device (fig. 1), wherein an image is directly projected (projected by the near eye display 100 of fig. 1) on the first retina of the first eye (the display light DL may directly project on the retina of the eye E [0014]), wherein the first image is directly projected on the retina without directing the first image (as shown in fig. 1, the image is projected on to the retina without directing). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Samec and the teachings of Wu, such that that display device of Wu was used in palace of display device of Samec and such that the first image was directly projected on a retina of the eye of the user and the first image was directly projected on the retina without directing the first image, with motivation to help the user receive clear images from the near-eye display device when the user focuses on the wrong distance, and allow the user to not suffer from problems cause by variations of the distance between the user and the near-eye display device and the parallax between two eyes of the user (Wu [0003]). Samec in view of Wu does not explicitly disclose that the at least near eye display is opaque and fabricated on a silicon substrate that completely obscures the view of the user, wherein the at least one near eye displays comprise a silicon control transistor fabricated using front-end-of-line (FEOL) process. In the same filed of endeavor, Nayak discloses a display system for VR or AR application [0011], wherein at least near eye display is opaque (silicon substrate [0013] is inherently opaque) and fabricated on a silicon substrate (silicon substrate [0013]) that completely obscures the view of the user, wherein the at least one near eye displays comprise a silicon control transistor fabricated using front-end-of-line (FEOL) process (CMOS components are formed on the second major surface of the substrate using front-end-of-line (FEOL) processing [0006]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Samec in view of Wu and the teachings of Nayak, such that the at least near eye display was opaque and fabricated on a silicon substrate that completely obscures the view of the user, wherein the at least one near eye displays comprised a silicon control transistor fabricated using front-end-of-line (FEOL) process as disclosed by Nayak, with motivation to provide a cost effective and high resolution color LED displays with integrated CMOS circuitry (Nayak [0004]). As to claim 14 (dependent on 11), Samec discloses the near eye display system, further comprising: at least one near eye sensor (sensor 806 of fig. 25) mounted on the frame (frame of system 62 of fig. 3A correspondent to system of fig. 25 [2143]) and configured to measure at least one user eye parameter (tracking user’s focus [2148]). As to claim 15 (dependent on 14), Samec discloses the near eye display system, wherein the processing unit generates the display control signal based at least on the at least one user eye parameter (processor modifying properties of displayed image [2152]). As to claim 16 (dependent on 14), Samec discloses the near eye display system, wherein the at least one near eye sensor is at least one CMOS image sensor (CMOS sensors [0873]). As to claim 17 (dependent on 14), Samec discloses the near eye display system, wherein the at least one near eye sensor is at least one time of flight (TOF) sensor (TOF sensors [1738]). As to claim 18 and claim 20 (dependent on 18), Samec discloses a method of operating a near eye display system (frame of system 62 of fig. 3A correspondent to system of fig. 25 [2143]) comprising: measuring, by at least one near eye sensor mounted on a frame of the near eye display system, at least one user eye parameter (measuring using sensor 806 of fig. 25, measuring vergence of user’s eyes [1459 – 1461]); generating, by a processing unit located at the frame (processor 812 of fig. 25), a display control signal based on the at least one user eye parameter (controlling displays to project images based on determined vergence [1459 – 1462]); and projecting, by a first near eye display (top 808, 832 and 802 of fig. 25) and a second near eye display mounted on the frame (bottom 808, 832 and 802 of fig. 25), a first image and a second image on a first retina of a first eye and a second retina of a second eye, respectively (projecting images at either 610 or 614 of fig. 6); wherein the projecting is based on the display control signal (projecting is based on the determination 610 or 614 of fig. 6 [1459 – 1462]), but fails to disclose that the first image is directly projected on the first retina of the first eye and the second image is directly projected on the second retina of the second eye; wherein the first and the second near eye displays are opaque and fabricated on a silicon substrate that completely obscures the view of the user, wherein both the first and second near eye displays comprise a silicon control transistor fabricated using front-end-of-line (FEOL) process. In the same filed of endeavor, Wu discloses a near eye display device (fig. 1), wherein an image is directly projected (projected by the near eye display 100 of fig. 1) on the first retina of the first eye (the display light DL may directly project on the retina of the eye E [0014]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Samec and the teachings of Wu, such that that display device of Wu was used in palace of display device of Samec and such that the first image was directly projected on the first retina of the first eye and the second image was directly projected on the second retina of the second eye, with motivation to help the user receive clear images from the near-eye display device when the user focuses on the wrong distance, and allow the user to not suffer from problems cause by variations of the distance between the user and the near-eye display device and the parallax between two eyes of the user (Wu [0003]). Samec in view of Wu does not explicitly disclose that the first and the second near eye displays are opaque and fabricated on a silicon substrate that completely obscures the view of the user, wherein both the first and second near eye displays comprise a silicon control transistor fabricated using front-end-of-line (FEOL) process. In the same filed of endeavor, Nayak discloses a display system for VR or AR application [0011], wherein a display is opaque and fabricated on a silicon substrate (silicon substrate [0013]) that completely obscures the view of the user (silicon substrate [0013] is inherently opaque), wherein the display comprise a silicon control transistor fabricated using front-end-of-line (FEOL) process ( CMOS components are formed on the second major surface of the substrate using front-end-of-line (FEOL) processing [0006]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Samec in view of Wu and the teachings of Nayak, such that the first and the second near eye displays were opaque and fabricated on a silicon substrate that completely obscures the view of the user, wherein both the first and second near eye displays comprised a silicon control transistor fabricated using front-end-of-line (FEOL) process as disclosed by Nayak, with motivation to provide a cost effective and high resolution color LED displays with integrated CMOS circuitry (Nayak [0004]). Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Samec in view of Wu, Nayak and Uhlig et al. (US 2005/0093441). As to claim 8 (dependent on 7) and claim 9 (dependent on 7), Samec discloses the near eye display system, but Samec in view of Wu and Nayak fails to explicitly disclose that the OLED is a small-molecule OLED (SM-OLED) or that the OLED is a polymer light- emitting diode (PLED). In the same filed of endeavor, Uhlig discloses that OLED displays were well known and can be categorized into polymer OLEDs (PLED) and low-molecular OLEDs (SM-OLED) [0008]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Samec in view of Wu and Nayak and the teachings of Uhlig, such that wither PLED or SM-OLED were used as display OLED, with motivation to provide a simple design choice alternative OLED material well known before the effective filing date of the claimed invention and implementation of which would have only required a routine skill. Response to Arguments Applicant’s arguments with respect to claim(s) 1, 11 and 18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DMITRIY BOLOTIN whose telephone number is (571)270-5873. The examiner can normally be reached M-F 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, Chanh Nguyen can be reached at (571)272-7772. 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. /DMITRIY BOLOTIN/Primary Examiner, Art Unit 2623
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Prosecution Timeline

Nov 22, 2023
Application Filed
Jun 15, 2024
Non-Final Rejection — §103, §112
Sep 23, 2024
Response Filed
Dec 27, 2024
Final Rejection — §103, §112
Apr 07, 2025
Request for Continued Examination
Apr 08, 2025
Response after Non-Final Action
Apr 19, 2025
Non-Final Rejection — §103, §112
Aug 27, 2025
Response Filed
Nov 28, 2025
Final Rejection — §103, §112
Feb 04, 2026
Applicant Interview (Telephonic)
Feb 04, 2026
Examiner Interview Summary

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Prosecution Projections

5-6
Expected OA Rounds
81%
Grant Probability
94%
With Interview (+12.8%)
2y 4m
Median Time to Grant
High
PTA Risk
Based on 1116 resolved cases by this examiner. Grant probability derived from career allow rate.

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