Prosecution Insights
Last updated: April 19, 2026
Application No. 18/635,670

DEPTH BASED DYNAMIC VISION SENSOR

Non-Final OA §102
Filed
Apr 15, 2024
Examiner
BHUIYAN, FAYEZ A
Art Unit
2638
Tech Center
2600 — Communications
Assignee
Magic Leap Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
96%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
470 granted / 559 resolved
+22.1% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
12 currently pending
Career history
571
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
36.4%
-3.6% vs TC avg
§102
43.5%
+3.5% vs TC avg
§112
7.4%
-32.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 559 resolved cases

Office Action

§102
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 08/13/2024 was compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boross et al. (US 2012/0050484 A1) hereinafter Boross. Regarding Claim 1, Boross teaches a method comprising: in a first mode (fig.1), determining depth information by (fig.1; Para.0035): detecting angle of arrival of incident light by modulating the incident light such that an amount of light reaching one or more positions within a first image sensor array is based on angle of arrival of the incident light (fig.1; Para.0062; image sensor 222); generating an electric signal based on an intensity of the light incident upon at least one photodetector of the image sensor array (fig.1; Para.0035; image sensor 222); and computing a distance to an object based at least in part on the generated electric signal; and in a second mode, determining depth information at least in part with a second image sensor (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor). Regarding Claim 2, Boross teaches the method of claim 1, wherein the method further comprises: estimating distance to an object (Para.0039; determine distance of the object). Regarding Claim 3, Boross teaches the method of claim 1, wherein the method further comprises: selectively operating in the first mode when an estimated distance to the object is below a threshold amount (fig.3-4; para.0077-0079; determining distance of the object). Regarding Claim 4, Boross teaches the method of claim 3, wherein: the threshold amount is five meters or less (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor). Regarding Claim 5, Boross teaches the method of claim 1, wherein the method further comprises in a third mode, determining depth information (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor). Regarding Claim 6, Boross teaches the method of claim 5, wherein: determining depth information in the third mode is based at least in part on a time of flight of IR light (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor). Regarding Claim 7, Boross teaches the method of claim 1, wherein: in a first mode, determining depth information comprises using at least one angle-of-arrival to-intensity converter (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor). Regarding Claim 8, Boross teaches the method of claim 1, wherein: in a second mode, determining depth information comprises processing multiple images stereoscopically (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor). Regarding Claim 9, Boross teaches the method of claim 8, wherein: processing multiple images stereoscopically comprises using at least the first image sensor and a second image sensor (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor). Regarding Claim 10, Boross teaches the method of claim 1, wherein: computing the distance to the object is based at least in part on computing a location of the object (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor). Regarding Claim 11, Boross teaches the method of claim 10, wherein: computing the location of the object is based at least in part on computing a distance from a user (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor). Regarding Claim 12, Boross teaches same reason as Claim 1. Regarding Claim 13, Boross teaches the system of claim 12, wherein: the at least one processor is further configured to estimate a distance to an object (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor). Regarding Claim 14, Boross teaches the system of claim 13, wherein: the at least one processor is further configured to selectively operate in the first mode when the estimated distance to the object is below a threshold amount (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor). Regarding Claim 15, Boross teaches the system of claim 12, wherein: in the second mode, determining depth information comprises processing multiple images stereoscopically (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor). Regarding Claim 16, Boross teaches the system of claim 12, comprising a head-mounted display, wherein the first image sensor and the second image sensor are mounted to the head-mounted display (Para.0043; display). Regarding Claim 17, Boross teaches same reason as Claim 1. Regarding Claim 18, Boross teaches the non-transitory computer-readable medium of claim 17, wherein the plurality of computer executable instructions are further configured to, when executed, cause the at least one processor to estimate distance to an object based on the depth information determined in the first mode or the second mode (fig.3-4; depth information). Regarding Claim 19, Boross teaches the non-transitory computer-readable medium of claim 17, wherein the plurality of computer executable instructions are further configured to, when executed, cause the at least one processor to: selectively operate in the first mode when the distance to the object is below a threshold amount (fig.1; Para.0072-0076; distance to the object). Regarding Claim 20, Boross teaches the non-transitory computer-readable medium of claim 17, wherein: in the second mode, determining depth information comprises processing multiple images stereoscopically (fig.1; Para.0037-38). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAYEZ A BHUIYAN whose telephone number is (571)270-1562. The examiner can normally be reached on 9:00 - 6:00 M-F. 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, Lin Ye can be reached 571-272-7372. 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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. /FAYEZ BHUIYAN/ Examiner, Art Unit 2639 /LIN YE/Supervisory Patent Examiner, Art Unit 2638
Read full office action

Prosecution Timeline

Apr 15, 2024
Application Filed
Feb 08, 2026
Non-Final Rejection — §102 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
96%
With Interview (+12.0%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 559 resolved cases by this examiner. Grant probability derived from career allow rate.

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