Prosecution Insights
Last updated: April 19, 2026
Application No. 18/632,182

VISUAL TRACKING OF PERIPHERAL DEVICES

Non-Final OA §103§DP
Filed
Apr 10, 2024
Examiner
KHAN, IBRAHIM A
Art Unit
2628
Tech Center
2600 — Communications
Assignee
Magic Leap Inc.
OA Round
3 (Non-Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
2y 2m
To Grant
94%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
447 granted / 546 resolved
+19.9% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
17 currently pending
Career history
563
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
66.5%
+26.5% vs TC avg
§102
10.7%
-29.3% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 546 resolved cases

Office Action

§103 §DP
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 . DETAILED ACTION In the response to this office action, the Examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Examiner in prosecuting this application. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/29/2025 has been entered. RESPONSE TO AMENDMENT Acknowledgment is made of the amendment filed 12/29/2025, in which:claims 1 and 8 are amended; and the rejections of the claims are traversed. Claims 1-20 are currently pending and an Office Action on the merits follows. ALLOWABLE SUBJECT MATTER Claims 11-20 are allowable. Claims 11-20 are allowed because the cited references do not disclose “obtaining by a peripheral imaging device mounted on the peripheral device, peripheral fiducial data indicative of movement of the wearable device and updating a position and an orientation of the peripheral device using the fiducial data and the peripheral fiducial data”. INFORMATION DISCLOSURE STATEMENT The information disclosure statement filed 11/13/2025, has been acknowledged and considered by the examiner. An Initialed copy of the PTO-1449 forms are included in this correspondence. DOUBLE PATENTING The double patenting rejection made in the previous office action still applies because the claims are still broader versions of the earlier granted patents. 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. 1. Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lohse et al. US 10,152,141 in view Bucknor US 20170307891 and further in view of Chen et al. 20170011553. Consider claim 1. Lohse an augmented reality (AR) system Col. 3 lines 19-21 augmented reality, the system comprising: a wearable device see Col. 32 lines 44-47 head-worn computer comprising: a display inside the wearable device and operable to display virtual content col. 3 lines 23-29 and col. 13 line3 augmented reality and assisted reality display; and an imaging device mounted to the wearable device see Col. 32 lines 44-47 using camera on head-worn computer; a plurality of wearable fiducials affixed to the wearable device fig. 16a active fiducials 130 a peripheral device see fig. 33 and Col. 33 lines 40-45 hand held controller comprising a plurality fiducials affixed to the peripheral device see Col. 32 lines 44-47 using camera on head-worn computer to monitor one or more light emitters mounted at known positions on the hand-held controllers; and configured to perform localization of the peripheral device with respect to the wearable device see Col. 32 lines 44-47 tracking position of hand-held controller by using camera on head-worn computer. wherein the imaging device is operable to capture a fiducial image containing a number of peripheral fiducials of the peripheral fiducials see Col. 32 lines 44-47 using camera on head-worn computer to monitor one or more light emitters mounted at known positions on the hand-held controllers. Lohse does not explicitly disclose a computing apparatus. Bucknor however discloses a computing apparatus see local processing and data module 70 [0061-0062]. Also see fig. 2A-2D local processing and data module 70. Therefore, 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 AR system of Lohse to include a computing apparatus, as taught by Bucknor, to provide power efficient processing to the AR system. Lohse as modified by Bucknor do not explicitly disclose wherein the number of peripheral fiducials is sufficient to determine a position and orientation of the peripheral device in full six degrees of freedom based solely on the fiducial image. Chen however discloses wherein the number of peripheral fiducials is sufficient to determine a position and orientation of the peripheral device in full six degrees of freedom based solely on the fiducial image. Chen teaches the wearable fiducials comprise a number of light-emitting(IR) fiducials(115A-115C) affixed to the wearable device(100)(see Figs. 1, 3D, 3E; [0023 0027, 0028]) , wherein the number of light-emitting fiducials is sufficient to determine a position and an orientation of the peripheral device in full six degrees of freedom based solely on the fiducial image(see Figs. 1, 3D, 3E; [0031, 0038] 6DOF movement of the handheld electronic device 102 relative to the HMD 100). Therefore, 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 AR system of Lohse as modified by Bucknor to include a wherein the number of peripheral fiducials is sufficient to determine a position and orientation of the peripheral device in full six degrees of freedom based solely on the fiducial image, as taught by Chen, to facilitate user interaction with the augmented and/or virtual reality environment generated by the HMD [0034]. Consider claim 2. Lohse as modified by Bucknor and Chen disclose the AR system of claim 1 wherein the wearable device further comprises a wearable sensor mounted on the wearable device, and wherein the wearable sensor is operable to capture wearable device data indicative of movement of the wearable device Bucknor fig. 6 [0082][0085] IMU and coils 608 on the headset device. Motivation to combine is to improve efficiency and precision when determining the orientation and pose of the headset [0082] [0085]. Consider claim 3. Lohse as modified by Bucknor and Chen disclose the AR system of claim 2 wherein the wearable sensor comprises an inertial measurement unit (IMU) Bucknor fig. 6 [0082][0085] IMU and coils 608 on the headset device. Consider claim 4. Lohse as modified by Bucknor and Chen disclose the AR system of claim 1 wherein the peripheral device further comprises a peripheral sensor, and wherein the peripheral sensor is operable to capture peripheral data see Lohse Col. 33 lines 40-45 hand held controller may include IMU to monitor first form of movement e.g. rotational angular movements Col 32 lines 27-30 external user interface 104 fig 33 (hand held controller) may include IMU or other movement detection system to monitor movements of the external user interface.; Consider claim 5. Lohse as modified by Bucknor and Chen disclose the AR system of claim 4 wherein the peripheral sensor comprises an inertial measurement unit (IMU) see Lohse Col. 33 lines 40-45 hand held controller may include IMU to monitor first form of movement. Consider claim 6. Lohse as modified by Bucknor and Chen disclose the AR system of claim 1 wherein the peripheral device comprises a second imaging device Bucknor figs. 8 and 16A see peripheral device 606 with world capturing camera 124 [0129]. Motivation to combine is similar to motivation in claim 2. Consider claim 7. Lohse as modified by Bucknor and Chen disclose the AR system of claim 6 wherein the second imaging device is operable to capture a world image containing one or more surrounding features Bucknor figs. 8 and 16A peripheral device 606 with world capturing camera 124 [0129]. Motivation to combine is similar to motivation in claim 2. Consider claim 8. Lohse as modified by Bucknor and Chen disclose the AR system of claim 6 wherein the second imaging device is oriented towards the wearable device See Bucknor figs. 8 and 16A handheld device 606 with world capturing camera 124 [0129] [0093] the various camera components (124), may be utilized to capture data which may be utilized in simultaneous localization and mapping protocols, or “SLAM”, to determine where the component is and how it is oriented relative to other components. Note: although the example is given with respect to 58 this applies to cameras 124 located on computing device 70 and controller 606. Also see Chen [0022-0024] camera 103 capturing fiducials of HMD 115. Motivation to combine is similar to motivation in claim 1. Consider claim 9. Lohse as modified by Bucknor and Chen disclose the AR system of claim 1 further comprising a belt pack, wherein the computing apparatus is disposed in the belt pack Bucknor see fig. 2D 70 [061] belt-coupling style configuration. Motivation to combine is similar to motivation in claim 1. Consider claim 10. Lohse as modified by Bucknor and Chen disclose the AR system of claim 1 wherein the computing apparatus is disposed in the wearable device or the peripheral device Bucknor see fig. 2D 70 [061] 70 fixedly attached to frame 64 of the headset. Motivation to combine is similar to motivation in claim 2. RESPONSE TO ARGUMENTS The Office agrees that the cited references, Lohse as modified by Bucknor, do not disclose the features of the amended claim 1. The Office action has accordingly been updated to include the Chen reference which clearly discloses the contended limitations (see rejection of claim 1 above). For at least these reasons the prior art reads on the claimed invention of claims 1-10. VII. CONCLUSION Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIM A KHAN whose telephone number is (571)270-7998. The examiner can normally be reached on 10am-6pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LunYi Lao can be reached on 5712727671. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. IBRAHIM A. KHAN Primary Examiner Art Unit 2621 /IBRAHIM A KHAN/ 1/22/2026Primary Examiner, Art Unit 2621
Read full office action

Prosecution Timeline

Apr 10, 2024
Application Filed
Apr 28, 2025
Non-Final Rejection — §103, §DP
Jul 23, 2025
Examiner Interview Summary
Jul 23, 2025
Applicant Interview (Telephonic)
Jul 28, 2025
Response Filed
Sep 25, 2025
Final Rejection — §103, §DP
Dec 03, 2025
Examiner Interview Summary
Dec 03, 2025
Applicant Interview (Telephonic)
Dec 29, 2025
Request for Continued Examination
Jan 17, 2026
Response after Non-Final Action
Jan 22, 2026
Non-Final Rejection — §103, §DP
Apr 14, 2026
Applicant Interview (Telephonic)
Apr 14, 2026
Examiner Interview Summary

Precedent Cases

Applications granted by this same examiner with similar technology

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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
82%
Grant Probability
94%
With Interview (+12.0%)
2y 2m
Median Time to Grant
High
PTA Risk
Based on 546 resolved cases by this examiner. Grant probability derived from career allow rate.

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