Prosecution Insights
Last updated: April 19, 2026
Application No. 18/689,045

Head Worn Augmented Reality Displays

Non-Final OA §103
Filed
Mar 04, 2024
Examiner
GROSS, ALEXANDER P
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Digilens Inc.
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
2y 6m
To Grant
79%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
318 granted / 545 resolved
-9.7% vs TC avg
Strong +21% interview lift
Without
With
+20.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
572
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
56.8%
+16.8% vs TC avg
§102
20.6%
-19.4% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 545 resolved cases

Office Action

§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 . Allowable Subject Matter Claims 8-11 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 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, 5-7, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US Pub. 20220248572, Jung) in view of Chen et al. (US Pub. 20200348524, Chen) and Fan (US Pub. 20140278385). As per claim 1, Jung teaches (in figures 1-2) an augmented reality display comprising: a waveguide assembly including a first waveguide (first transparent display 23 formed as an optical waveguide, see paragraph 62) and a second waveguide (second transparent display 24 formed as an optical waveguide, see paragraph 62); a first projector (first projector, see paragraph 63) configured to output image containing light towards a first waveguide, wherein the image containing light is inputted into total internal reflection in the first waveguide and then outputted towards a user's first eye (see paragraphs 62-63); a second projector (second projector, see paragraph 63) configured to output image containing light towards a second waveguide, wherein the image containing light is inputted into total internal reflection in the second waveguide and then outputted towards a user's second eye (see paragraphs 62-63), wherein the first waveguide and the second waveguide are substantially transparent to light from the outside environment such that both the image containing light and light from the outside environment enters the user's eyes (paragraph 63); a front frame (first rim 211, second rim 212, bridge 213, first end piece 214, and second end piece 215); a circuit board (first and second printed circuit boards 206 and 207) including a processor and memory including programming executable by the processor to produce a user interface to be displayed in the image containing light from the first projector and the second projector (see paragraphs 29-31 and 78); a first temple (first temple 210) which houses a first battery (first battery 208), wherein the first temple is connected to a first end of the front frame; a second temple (second temple 220) which houses a second battery (second battery 209), wherein the second temple is connected to a second end of the front frame opposite to the first end, and wherein the first temple and the second temple are configured to cooperate to secure the augmented reality display to a user's head; at least one camera (first camera module 201 and second camera modules 202); and multiple microphones (first audio module 203, paragraph 77). Jung does not teach that the circuit board is housed in the front frame or at least three microphones. However, Chen teaches (in figure 2) forming the circuit board (600) in the front frame (310) in order to achieve downsizing of the augmented reality display (paragraph 15). Fan teaches (in figures 5 and 11) providing three microphones (first microphone 1154 and second and third microphones 1156) in order to provide a stereo signal with noise cancelation (paragraphs 79 and 88). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the circuit board in the front frame as taught by Chen in order to achieve downsizing of the augmented reality display and to include the noise canceling system and three microphones taught by Fan in order to provide a stereo signal with noise cancelation. As per claim 5, Jung teaches (in figures 1-2) that the at least one camera (first camera module 201 and second camera modules 202) comprises a center camera (first camera module 201) which is positioned in a middle of the front frame (first rim 211, second rim 212, bridge 213, first end piece 214, and second end piece 215). As per claim 6, Jung teaches (in figures 1-2) that the least one camera (first camera module 201 and second camera modules 202) comprises a first tracking camera (second camera module 202 located nearest first temple 210) located at the first end and a second tracking camera (second camera module 202 located nearest second temple 220) located at the second end. As per claim 7, Jung teaches (in figures 1-2) that the tracking cameras (second camera modules 202) provide six degrees of freedom tracking (paragraph 74). As per claim 12, Jung teaches (in figures 1-2) that the waveguide assembly (first and second transparent displays 23 and 24 formed as an optical waveguide, see paragraph 62) is attached to the front frame (first rim 211, second rim 212, bridge 213, first end piece 214, and second end piece 215) (paragraph 59). Claim(s) 16-18, 22-24, 31, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US Pub. 20220248572, Jung), Chen et al. (US Pub. 20200348524, Chen), and Fan (US Pub. 20140278385) as applied to claim 1 above and in further view of Waldern et al. (US Pub. 20190212557, Waldern). As per claim 16, Jung does not teach that the first waveguide and/or the second waveguide comprise a waveguide stack. However, Waldern teaches (in figure 13-17) forming waveguides (1300/1700) comprise a waveguide stack comprising a red waveguide (1304/1704R) a blue waveguide (1305/1704B) and a green waveguide (1306/1704G) in order to provide a multicolor display to a user (paragraph 149). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the waveguides in Jung to comprise waveguide stacks as suggested by Waldern in order to provide color display to a user. As per claim 17, Jung in view of Waldern teaches that the waveguide stack comprises a red waveguide (1304/1704R from Waldern), a blue waveguide (1305/1704B from Waldern), and a green waveguide (1306/1704G from Waldern). As per claim 18, Jung in view of Waldern teaches that the blue waveguide (1305/1704B from Waldern) is sandwiched between the red waveguide (1304/1704R from Waldern) and the green waveguide (1306/1704G from Waldern) and wherein the green waveguide is in closer proximity to the user’s eyes than the red waveguide (see figure 13 in Waldern). As per claim 22, Jung in view of Waldern teaches that the waveguide stack further comprises air gaps between adjacent waveguides (see paragraphs 132 and 149 in Waldern). As per claim 23, Jung in view of Waldern teaches that each waveguide in the waveguide stack comprises a pair of substrates with a grating layer sandwiched between the pair of substrates (see paragraph 132 in Waldern). As per claim 24, Jung in view of Waldern teaches that the pair of substrates comprises a pair of glass substrates or a pair of plastic substrates (see paragraph 132 in Waldern). As per claim 31, Jung does not teach that the first waveguide and/or the second waveguide comprise an input grating, a fold grating, and an output grating. However, Waldern teaches (in figure 12) forming waveguides to include an input grating (input grating 1201), a fold grating (fold grating 1202), and an output grating (output grating 1203) in order to provide pupil expansion in two directions using only a single waveguide (paragraph 128). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the waveguides in Jung to include an input grating, a fold grating, and an output grating as suggested by Waldern in order to provide pupil expansion in two directions using only a single waveguide. As per claim 33, Jung in view of Waldern teaches that the input grating, the fold grating, and the output grating are holographic polymer dispersed liquid crystal gratings formed by a holographic exposure process (see paragraphs 142-143 in Waldern). Claim(s) 25 is rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US Pub. 20220248572, Jung), Chen et al. (US Pub. 20200348524, Chen), and Fan (US Pub. 20140278385) as applied to claim 1 above and in further view of Shida (US Pub. 20190133236). As per claim 25, Jung does not teach that the augmented reality display comprises a first pantoscopic tilt adjustment mechanism connecting the first temple to the first end of the front frame, wherein the first pantoscopic tilt adjustment mechanism is configured to adjust the tilt of the first temple; and a second pantoscopic tilt adjustment mechanism connecting the second temple to the second end of the front frame, wherein the second pantoscopic tilt adjustment mechanism is configured to adjust the tilt of the second temple. However, Shida teaches (in figures 1, 2B, and 2C) providing a first pantoscopic tilt adjustment mechanism (first member 110, angle adjustment arm 120, and second member 130 on the right side) connecting a first temple (105 on the right side) to the first end of a front frame (frame member 101), wherein the first pantoscopic tilt adjustment mechanism is configured to adjust the tilt of the first temple; and a second pantoscopic tilt adjustment mechanism (first member 110, angle adjustment arm 120, and second member 130 on the left side) connecting a second temple (105 on the left side) to the second end of the front frame, wherein the second pantoscopic tilt adjustment mechanism is configured to adjust the tilt of the second temple (paragraph 26) to enable a good fitting sensation (paragraph 10). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide first and second pantoscopic tilt adjustment mechanisms in order to enable a good fitting sensation. Claim(s) 32 is rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. (US Pub. 20220248572, Jung), Chen et al. (US Pub. 20200348524, Chen), Fan (US Pub. 20140278385), and Waldern et al. (US Pub. 20190212557, Waldern) as applied to claim 31 above and in further view of Machida (US Pub. 20170199383). As per claim 32, Jung in view of Waldern does not teach that the input grating and the fold grating are shielded by a portion of a waveguide frame. However, Machida teaches (in figures 22 and 23) including a light blocking member (light blocking member 731) in a waveguide frame in order to shield a non-emitting grating (first deflecting unit 130/330) in order to prevent light use efficiency from being deteriorated light leakage to the outside of the light guiding plate (paragraph 274). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the light blocking member from Waldern to cover the input grating and the fold grating in the device of Jung in view of Waldern in order to prevent light use efficiency from being deteriorated. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER P GROSS whose telephone number is (571)272-5660. The examiner can normally be reached Monday-Friday 9am-6pm EST. 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, Jennifer Carruth can be reached at (571) 272-9791. 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. /ALEXANDER P GROSS/ Primary Examiner, Art Unit 2871
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Prosecution Timeline

Mar 04, 2024
Application Filed
Mar 15, 2026
Non-Final Rejection — §103 (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
58%
Grant Probability
79%
With Interview (+20.9%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 545 resolved cases by this examiner. Grant probability derived from career allow rate.

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