Prosecution Insights
Last updated: October 01, 2026
Application No. 18/763,121

DYNAMIC BROWSER STAGE

Non-Final OA §DP
Filed
Jul 03, 2024
Priority
Dec 06, 2019 — provisional 62/944,921 +2 more
Examiner
BRAHMACHARI, MANDRITA
Art Unit
Tech Center
Assignee
Magic Leap Inc.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
324 granted / 422 resolved
+16.8% vs TC avg
Strong +29% interview lift
Without
With
+28.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
26 currently pending
Career history
444
Total Applications
across all art units

Statute-Specific Performance

§101
12.1%
-27.9% vs TC avg
§103
57.4%
+17.4% vs TC avg
§102
6.1%
-33.9% vs TC avg
§112
17.4%
-22.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 422 resolved cases

Office Action

§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 The action is in response to claims dated 7/3/2024. Claims pending in the case: 1- 17 Double Patenting Claims 1-17 rejected on the ground of nonstatutory double patenting as being unpatentable over one or more claims of U.S. Patent No. US 12093500 and US 11442593 as explained below. Although the claims at issue are not identical, they are not patentably distinct from each other as shown below. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp Claims 1 and 13 are non-provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over one or more claims (see mapping below) of patent No. 12093500. The claims of the instant application and the claims of the references are compared in table below with the limitations similar in scope highlighted using underlines. Instant application US 12093500 1. A display system for displaying virtual content in a three-dimensional (3D) spatial environment, the display system comprising: a head-mounted display configured to present virtual content to an eye of a user of the display system; and circuitry in communication with the head-mounted display, the circuitry configured to: receive a request to place 3D content in a bounded volume within the 3D spatial environment, wherein the 3D content is web based; identify parameters associated with the request to place the 3D content, the parameters comprising at least one of: coordinates of a location in the 3D spatial environment of the user to display the 3D content, an orientation of the 3D content, or dimensions of the 3D content; determine whether a threshold amount of the 3D content can be displayed in the bounded volume of the 3D spatial environment based on the parameters; and in response to determining that the threshold amount of the 3D content cannot be displayed in the bounded volume of the 3D spatial environment, automatically resize the bounded volume to allow display of at least the threshold amount of the 3D content in the resized bounded volume, wherein resizing the bounded volume comprises: requesting an authorization for the resizing that includes illustrating a proposed new size of the bounded volume; and resizing the bounded volume in response to receiving the authorization. Claim 13 is similar in scope to Claim 1. 1. A head-mounted display (HMD) system comprising: a hardware computer processor; a non-transitory computer readable medium having software instructions stored thereon, the software instructions executable by the hardware computer processor to cause the computing system to perform operations comprising: receive a request to display network-accessible content in a three-dimensional (3D) spatial environment depicted on a display of the HMD system, wherein the network-accessible content includes at least one two-dimensional (2D) web page; identify parameters associated with the content comprising at least one of: an initial location in the 3D spatial environment to display the content, an initial orientation of the content, or initial dimensions of the content; render the content within a bounded volume in the 3D spatial environment according to the identified parameters, including rendering the at least one 2D web page on at least one first surface of the bounded volume; receive a user selection, by a user of the HMD system, of at least a portion of the content that includes the at least one 2D web page; receive a request, originated by the user, to change the orientation of the selected at least a portion of the content from the initial orientation to an updated orientation that includes a mapping to display the at least one 2D web page on at least one second surface of the bounded volume that is different than the at least one first surface; determine whether a threshold amount of the content is displayable in the bounded volume of the 3D spatial environment at the updated orientation; in response to determining that the threshold amount of the content is not displayable in the bounded volume of the 3D spatial environment at the updated orientation, determine whether a resizing of the bounded volume is authorized by the user; in response to determining that the resizing of the bounded volume is authorized by the user, automatically resize the bounded volume to display at least the threshold amount of the content at the updated orientation; reorient the selected at least a portion of the content to the updated orientation according to the user request; and render the at least a portion of the content at the updated orientation, including rendering the at least one 2D web page on the at least one second surface of the bounded volume. Claims 1-17 are non-provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over one or more claims (see mapping below) of patent No. US 11442593. The claims of the instant application and the claims of the references are compared in table below with the limitations similar in scope highlighted using underlines. Instant application US 11442593 1. A display system for displaying virtual content in a three-dimensional (3D) spatial environment, the display system comprising: a head-mounted display configured to present virtual content to an eye of a user of the display system; and circuitry in communication with the head-mounted display, the circuitry configured to: receive a request to place 3D content in a bounded volume within the 3D spatial environment, wherein the 3D content is web based; identify parameters associated with the request to place the 3D content, the parameters comprising at least one of: coordinates of a location in the 3D spatial environment of the user to display the 3D content, an orientation of the 3D content, or dimensions of the 3D content; determine whether a threshold amount of the 3D content can be displayed in the bounded volume of the 3D spatial environment based on the parameters; and in response to determining that the threshold amount of the 3D content cannot be displayed in the bounded volume of the 3D spatial environment, automatically resize the bounded volume to allow display of at least the threshold amount of the 3D content in the resized bounded volume, wherein resizing the bounded volume comprises: requesting an authorization for the resizing that includes illustrating a proposed new size of the bounded volume; and resizing the bounded volume in response to receiving the authorization. Claims 2-12 are similar in scope to --> Claim 13-17 is similar in scope to Claim 1-5 respectively. 1. A display system for displaying virtual content in a three-dimensional (3D) spatial environment, the display system comprising: a head-mounted display configured to present virtual content to an eye of a user of the display system; and circuitry in communication with the head-mounted display, the circuitry configured to: receive a request to access 3D content that is web based; identify parameters associated with the 3D content comprising at least one of: a location in the 3D spatial environment of the user to display the 3D content, an orientation of the 3D content, or dimensions of the 3D content; determine whether a threshold amount of the 3D content can be displayed in a bounded volume of the 3D spatial environment based on the parameters; in response to determining that the threshold amount of the 3D content cannot be displayed in the bounded volume of the 3D spatial environment, automatically resize the bounded volume to allow display of at least the threshold amount of the 3D content in the resized bounded volume. Claims 2-11, 1 respectively. Claim Rejections using prior art For claims 1-17, no prior art was found to teach or make obvious all the limitations as claimed. The independent claims include the limitations found to be allowable in the parent applications. Since the prior arts fail to disclose, suggest or teach all the claimed limitations, prior art rejection has not been presented. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure in attached 892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDRITA BRAHMACHARI whose telephone number is (571)272-9735. The examiner can normally be reached Monday to Friday, 11 am to 8 pm 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, Tamara Kyle can be reached on 571 272 4241. 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. /Mandrita Brahmachari/Primary Examiner, Art Unit 2176
Read full office action

Prosecution Timeline

Jul 03, 2024
Application Filed
Sep 24, 2026
Non-Final Rejection mailed — §DP (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
77%
Grant Probability
99%
With Interview (+28.9%)
2y 11m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 422 resolved cases by this examiner. Grant probability derived from career allowance rate.

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