Prosecution Insights
Last updated: October 01, 2026
Application No. 18/651,473

VIRTUAL, AUGMENTED, AND MIXED REALITY SYSTEMS AND METHODS

Non-Final OA §101§103
Filed
Apr 30, 2024
Priority
Jan 18, 2019 — provisional 62/794,324 +2 more
Examiner
PATEL, JITESH
Art Unit
2612
Tech Center
2600 — Communications
Assignee
Magic Leap Inc.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
324 granted / 411 resolved
+16.8% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
26 currently pending
Career history
425
Total Applications
across all art units

Statute-Specific Performance

§101
6.5%
-33.5% vs TC avg
§103
62.0%
+22.0% vs TC avg
§102
2.3%
-37.7% vs TC avg
§112
18.5%
-21.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 411 resolved cases

Office Action

§101 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because the claimed invention is directed to layout of data without significantly more. The claims recite a data format. This judicial exception is not integrated into a practical application because the claims are directed to data per se, mere information in the form of data without a process, machine, manufacture, or composition of matter for using the data format in a product. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims do not recite a process, device or machine that may use the data format in a real world implementation. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Cok et al (US 20180191978 A1) in view of Boyce et al (US 20180191978 A1). Regarding claim 1, Cok discloses a data format for use in a system (Cok [0077], “row-selected pixel circuits 24 output data values stored in the pixel storage elements 26 (a data format represented by stored data values)”), comprising: a first signaling row (Cok fig. 8; [0077], “column line 38 (each vertical row represents an exemplary signal row)”); a plurality of first color field rows (Cok [0075], “red pixels 20 of the first image row are first loaded into the red pixel circuits 24 of the first pixel row”); a second signaling row (Cok fig. 8; [0077], “column line 38 (each vertical row represents an exemplary signal row)”); a plurality of second color field rows (Cok [0075], “the green pixels 20 of the first image row are loaded into the green pixel circuits 24 of the second pixel row”); a third signaling row (Cok fig. 8; [0077], “column line 38 (each vertical row represents an exemplary signal row)”); and a plurality of third color field rows (Cok [0075], “the blue pixels 20 of the first image row are loaded into the blue pixel circuits 24 of the third pixel row”). Cok does not disclose (highlighted) a data format for use in a virtual, augmented, or mixed reality system However, Boyce discloses (highlighted) a data format for use in a virtual, augmented, or mixed reality system (Boyce [0131], “rendered content 704 comprises mixed reality content”; [0230], “compute output information and cause results to be written to output surfaces (e.g., color buffers …)”). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Cok with Boyce to utilize data formats in mixed reality applications. This would have enhanced Cok by adding more features. Regarding claim 2, Cok in view of Boyce discloses the data format of claim 1, wherein the first signaling row includes a number of active rows for the plurality of first color field rows (Cok [0075], “red pixels 20 of the first image row are first loaded (active) into the red pixel circuits 24 of the first pixel row”) (a number of active rows for the plurality of first color field rows)”). Regarding claim 3, Cok in view of Boyce discloses the data format of claim 1, wherein the active rows change between image frames (Boyce [0215], “transformation of image data between successive video frames”). Regarding claim 4, Cok in view of Boyce discloses the data format of claim 1, wherein the first, second, and third signaling rows and the pluralities of first, second, and third color field rows are read at a faster rate than images corresponding to the pluralities of first, second, and third color field rows are displayed (Boyce [0048], “The memory crossbar 216 can be configured to transfer the output of each cluster 214A-214N to any partition unit 220A-220N or to another cluster 214A-214N, which can perform additional processing operations on the output.” (parallel interpreted as reading faster than a viewable display rate; additionally since memory is read before displaying it appears as a faster operation with respect to time)). Regarding claim 5, Cok in view of Boyce discloses the data format of claim 1, wherein the second signaling row includes a number of active rows for the plurality of second color field rows (Cok [0066], “second pixel row, the blue pixels 20 of the first image row are loaded (active) into the blue pixel circuits 24”). Regarding claim 6, Cok in view of Boyce discloses the data format of claim 1, wherein the third signaling row includes a number of active rows for the plurality of third color field rows (Cok [0075], “third pixel row, the red pixels of the second image row are loaded (active) into the red pixel circuits 24”). Regarding claim 7, Cok in view of Boyce discloses the data format of claim 1, wherein the first signaling row includes a start position of the plurality of first color field rows (Cok [0075], “first image row are first loaded into the red pixel circuits 24 of the first pixel row (a start position for first color fields)”). Regarding claim 8, Cok in view of Boyce discloses the data format of claim 1, wherein the second signaling row includes a start position of the plurality of second color field rows (Cok [0075], “second pixel row, the blue pixels 20 of the first image row are loaded (a start position for second color fields)”). Regarding claim 9, Cok in view of Boyce discloses the data format of claim 1, wherein the third signaling row includes a start position of the plurality of third color field rows (Cok [0075], “blue pixels 20 of the first image row are loaded (a start position for third color fields)”. Regarding claim 10, Cok in view of Boyce discloses the data format of claim 1, wherein the first, second, and third color field rows include intensity information without color information (Boyce [0161], “TCON 1130 may also adjust the voltage provided to the liquid crystal elements in the pixel to change the intensity of the light passing through each of the three liquid crystal elements”). Regarding claim 11, Cok in view of Boyce discloses the data format of claim 10, wherein the first, second, and third signaling rows include color information without intensity information (Cox fig. 8 - the first, second, and third signaling rows include color information without intensity information). Conclusion See the notice of references cited (PTO-892) for prior art made of record, including art that is not relied upon but considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JITESH PATEL whose telephone number is (571)270-3313. The examiner can normally be reached 8am - 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, Said A. Broome can be reached at (571) 272-2931. 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. /JITESH PATEL/Primary Examiner, Art Unit 2612
Read full office action

Prosecution Timeline

Apr 30, 2024
Application Filed
Aug 12, 2026
Non-Final Rejection mailed — §101, §103 (current)

Precedent Cases

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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
79%
Grant Probability
91%
With Interview (+12.3%)
2y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 411 resolved cases by this examiner. Grant probability derived from career allowance rate.

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