Prosecution Insights
Last updated: July 17, 2026
Application No. 18/763,787

PROJECTOR ARCHITECTURE INCORPORATING ARTIFACT MITIGATION

Non-Final OA §102§103
Filed
Jul 03, 2024
Priority
Feb 15, 2017 — provisional 62/459,559 +4 more
Examiner
LAMB II, CHRISTOPHER A
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Magic Leap Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
348 granted / 487 resolved
+3.5% vs TC avg
Moderate +14% lift
Without
With
+13.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
28 currently pending
Career history
526
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
87.6%
+47.6% vs TC avg
§102
7.3%
-32.7% vs TC avg
§112
3.7%
-36.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 487 resolved cases

Office Action

§102 §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 § 102 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. Claims 13 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wall et al (US 2017/0235142; hereinafter referred to as Wall). Regarding Claim 13, Wall teaches an eyepiece (Figure 4; Display System 402) for projecting an image to an eye of a viewer (see Figure 4 and Paragraph [0035]), the eyepiece (Figure 4; Display System 402) comprising: a first planar waveguide (Figure 4; Waveguide 100B) positioned in a first lateral plane (see Figure 4), wherein the first planar waveguide (Figure 4; Waveguide 100B) comprises a first diffractive optical element (Figure 4; Input-Couplers 112B) disposed at a first lateral position (see Figure 4); a first optical filter (Figure 4; Coating 422G) coupled to the first planar waveguide (Figure 4; Waveguide 100B) at a second lateral position different from the first lateral position (see Figure 4); a second planar waveguide (Figure 4; Waveguide 100G) positioned in a second lateral plane adjacent to the first lateral plane (see Figure 4), wherein the second planar waveguide (Figure 4; Waveguide 100G) comprises a second DOE (Figure 4; Input-Couplers 112G) disposed at the first lateral position (see Figure 4); a third planar waveguide (Figure 4; Waveguide 100R) positioned in a third lateral plane adjacent to the second lateral plane (see Figure 4), wherein the third planar waveguide (Figure 4; Waveguide 100R) comprises a third DOE (Figure 4; Input-Coupler 112R) disposed at the first lateral position (see Figure 4); and a second optical filter (Figure 4; Coating 422B) positioned between the second planar waveguide (Figure 4; Waveguide 100G) and the third planar waveguide (Figure 4; Waveguide 100R), wherein the second optical filter (Figure 4; Coating 422B) is disposed at the first lateral position (see Figure 4). Regarding Claim 17, Wall teaches the limitations of claim 13 as detailed above. Wall further teaches the second optical filter (Figure 4; Coating 422B) comprises a dichroic reflector (see Paragraph [0060]). Regarding Claim 18, Wall teaches the limitations of claim 13 as detailed above. Wall further teaches the second DOE (Figure 4; Input-Couplers 112G) is configured to diffract light with a second wavelength range (see Paragraph [0036]; wherein it is disclosed that the input-coupler 112G of the waveguide 100G can be configured to couple light within a green wavelength range into the waveguide 100G); and the second optical filter (Figure 4; Coating 422B) is configured to reflect light with the second wavelength range toward the second DOE (Figure 4; Input-Couplers 112G) for diffraction into the second planar waveguide (see Paragraph [0060]). Regarding Claim 19, Wall teaches the limitations of claim 13 as detailed above. Wall further teaches the first DOE (Figure 4; Input-Couplers 112B) is disposed in a first region disposed at the first lateral position (see Figure 4) and the first optical filter (Figure 4; Coating 422G) is disposed in a second region of the first planar waveguide (see Figure 4). Regarding Claim 20, Wall teaches the limitations of claim 19 as detailed above. Wall further teaches the first optical filter (Figure 4; Coating 422G) is disposed in a cavity inside the first planar waveguide (Figure 4; Waveguide 100B) or on a first surface of the first planar waveguide (see Figure 4). 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. Claims 1-4, 6-9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wall et al (US 2017/0235142; hereinafter referred to as Wall) in view of Wang et al (US 2018/0252933; hereinafter referred to as Wang). Regarding Claim 1, Wall discloses an eyepiece (Figure 4; Display System 402) for projecting an image to an eye of a viewer (see Figure 4 and Paragraph [0035]), the eyepiece (Figure 4; Display System 402) comprising: a set of color filters (Figure 4; Coatings 422G, 422B and 422R), wherein the set of color filters (Figure 4; Coatings 422G, 422B and 422R) comprise: a first color filter (Figure 4; Coating 422G) disposed at a first lateral position and operable to pass a first wavelength range (see Figure 4 and Paragraph [0061]); a second color filter (Figure 4; Coating 422R) disposed at a second lateral position and operable to pass a second wavelength range (see Figure 4 and Paragraph [0062]); and a third color filter (Figure 4; Coating 422B) disposed at a third lateral position and operable to pass a third wavelength range (see Figure 4 and Paragraph [0060]); a first planar waveguide (Figure 4; Waveguide 100B) positioned in a first lateral plane adjacent the substrate lateral plane (see Figure 4), wherein the first planar waveguide (Figure 4; Waveguide 100B) comprises a first diffractive optical element (Figure 4; Input-Coupler 112B) disposed at the first lateral position (see Figure 4); a second planar waveguide (Figure 4; Waveguide 100R) positioned in a second lateral plane adjacent to the first lateral plane (see Figure 4), wherein the second planar waveguide (Figure 4; Waveguide 100R) comprises a second DOE (Figure 4; Input-Coupler 112R) disposed at the second lateral position (see Figure 4); and a third planar waveguide (Figure 4; Waveguide 100G) positioned in a third lateral plane adjacent to the second lateral plane (see Figure 4), wherein the third planar waveguide (Figure 4; Waveguide 100G) comprises a third DOE (Figure 4; Input-Coupler 112G) disposed at the third lateral position (see Figure 4). Wall does not expressly disclose a substrate positioned in a substrate lateral plane and a set of color filters disposed on the substrate. Wang discloses an eyepiece (Figure 11; Display Device 001) for projecting an image to an eye of a viewer (see Abstract), the eyepiece (Figure 11; Display Device 001) comprising: a substrate (see Figure 11; wherein the CF Layer 202 is disposed on a substrate) positioned in a substrate lateral plane (see Figure 11); a set of color filters (Figure 11; CF Layer 202) disposed on the substrate (see Figure 11), wherein the set of color filters (Figure 11; CF Layer 202) comprise: a first color filter (Figure 11; filter within first subpixel unit 210) disposed at a first lateral position and operable to pass a first wavelength range (see Figure 11 and Paragraphs [0060] and [0088]; wherein the CF layer inherently includes filters to pass light of red, blue and green light); a second color filter (Figure 11; filter within second subpixel unit 220) disposed at a second lateral position and operable to pass a second wavelength range (see Figure 11 and Paragraphs [0060] and [0088]; wherein the CF layer inherently includes filters to pass light of red, blue and green light); and a third color filter (Figure 11; filter within third subpixel unit 230) disposed at a third lateral position and operable to pass a third wavelength range (see Figure 11 and Paragraphs [0060] and [0088]; wherein the CF layer inherently includes filters to pass light of red, blue and green light), and a first planar waveguide (Figure 11; Waveguide Coupling Structure 1101) positioned in a first lateral plane adjacent the substrate lateral plane (see Figure 11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the eyepiece of Wall to incorporate a substrate positioned in a substrate lateral plane and a set of color filters disposed on the substrate, as taught by Wang, because doing so would ensure the color contrast and saturation of displayed images (see Wang Paragraph [0090]). Regarding Claim 2, Wall as modified by Wang discloses the limitations of claim 1 as detailed above. Wall further discloses the first color filter (Figure 4; Coating 422B) comprises a first photoresist operable to transmit the first wavelength range and attenuate the second wavelength range and the third wavelength range (see Figure 5; Paragraphs [0070]-[0071]). Regarding Claim 3, Wall as modified by Wang discloses the limitations of claim 1 as detailed above. Wall further discloses the second color filter (Figure 4; Coating 422R) comprises a second photoresist operable to transmit the second wavelength range and attenuate the first wavelength range and the third wavelength range (see Figure 5; Paragraphs [0070]-[0071]). Regarding Claim 4, Wall as modified by Wang discloses the limitations of claim 1 as detailed above. Wall further discloses the third color filter (Figure 4; Coating 422G) comprises a third photoresist operable to transmit the third wavelength range and attenuate the first wavelength range and the second wavelength range (see Figure 5; Paragraphs [0070]-[0071]). Regarding Claim 6, Wall as modified by Wang discloses the limitations of claim 1 as detailed above. Wang further discloses in a plan view the first color filter is positioned opposite the third color filter about an optical axis (see Figure 11 and Paragraph [0060]; wherein the CF layer 220 is an array of red, green and blue filters which implicitly has a first color filter positioned opposite a third color filter as evidenced by the repeating pattern of filters depicted in figure 11). Regarding Claim 7, Wall as modified by Wang discloses the limitations of claim 1 as detailed above. Wang further discloses the substrate has a first side and a second side (see Figure 11); the set of color filters are disposed on the first side of the substrate or the second side of the substrate (see Figure 11 and Paragraph [0060]; wherein it is disclosed that the CF layer 202 may be close to one side of the light directing component 300 or the TFT layer may be close to one side of the light directing component 300); and the second side of the substrate faces the first planar waveguide (see Figure 11). Regarding Claim 8, Wall as modified by Wang discloses the limitations of claim 1 as detailed above. Wang further discloses a fourth color filter (Figure 11; filter within the subpixel unit two units to the right of the third subpixel unit 230) disposed on the substrate at a fourth lateral position (see Figure 11) and operable to pass the second wavelength range (see Figure 11 and Paragraph [0060]); and a fifth color filter (Figure 11; filter within the subpixel unit three units to the right of the third subpixel unit 230) disposed at a fifth lateral position and operable to pass the third wavelength range (see Figure 11). Regarding Claim 9, Wall as modified by Wang discloses the limitations of claim 1 as detailed above. Wang further discloses in a plan view the second color filter (Figure 11; filter within second subpixel unit 220) is positioned opposite the fourth color filter (Figure 11; filter within the subpixel unit two units to the right of the third subpixel unit 230) about an optical axis (see Figure 11). Regarding Claim 11, Wall as modified by Wang discloses the limitations of claim 1 as detailed above. Wang further discloses a sixth color filter (Figure 11; filter within the subpixel unit immediately to the right of the third subpixel unit 230) disposed at a sixth lateral position and operable to pass the first wavelength range (see Figure 11). Regarding Claim 12, Wall as modified by Wang discloses the limitations of claim 1 as detailed above. Wall further discloses the first wavelength range includes 400 nm - 500 nm (see Paragraph [0060]), the second wavelength range includes 600 nm to 700 nm (see Paragraph [0062]) and the third wavelength range includes 500 nm to 600 nm (see Paragraph [0061]). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wall et al (US 2017/0235142; hereinafter referred to as Wall) as modified by Wang et al (US 2018/0252933; hereinafter referred to as Wang) as applied to claim 1, in view of Shagam et al (US 2016/0025994; hereinafter referred to as Shagam). Regarding Claim 5, Wall as modified by Wang discloses the limitations of claim 1 as detailed above. Wall discloses the at least one of the first color filter (Figure 4; Coating 422B), the second color filter (Figure 4; Coating 422R) and the third color filter (Figure 4; Coating 422G). Wall as modified by Wang does not expressly disclose that the at least one of the first color filter, the second color filter or the third color filter comprises ultraviolet ink. Shagam discloses a color filter that comprises ultraviolet ink (see Paragraph [0071]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the first, second or third color filter of Wall as modified by Wang such that at least one of the first color filter, the second color filter or the third color filter comprises ultraviolet ink, as taught by Shagam, because doing so would improve the performance of the spatial filter (see Shagam Paragraph [0071]). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wall et al (US 2017/0235142; hereinafter referred to as Wall) as modified by Wang et al (US 2018/0252933; hereinafter referred to as Wang) as applied to claim 8, in view of Singer et al (US 2018/0299678; hereinafter referred to as Singer). Regarding Claim 10, Wall as modified by Wang discloses the limitations of claim 8 as detailed above. Wall further discloses the eyepiece (Figure 4; Display System 402) may comprise more or less than three waveguides (see Paragraph [0037]). Wall as modified by Wang does not expressly disclose a fourth planar waveguide positioned in a fourth lateral plane adjacent the third lateral plane, wherein the fourth planar waveguide comprises a fourth diffractive optical element (DOE) disposed at the fourth lateral position; a fifth planar waveguide positioned in a fifth lateral plane adjacent to the fourth lateral plane, wherein the fifth planar waveguide comprises a fifth DOE disposed at the fifth lateral position; and a sixth planar waveguide positioned in a sixth lateral plane adjacent to the fifth lateral plane, wherein the sixth planar waveguide comprises a sixth DOE disposed at a sixth lateral position. Singer discloses a fourth planar waveguide (Figure 8; Waveguide 168) positioned in a fourth lateral plane adjacent the third lateral plane (see Figure 8), wherein the fourth planar waveguide (Figure 8; Waveguide 168) comprises a fourth diffractive optical element (Figure 8; Coupling Element 174) disposed at the fourth lateral position (see Figure 8 and Paragraphs [0156]-[0157]); a fifth planar waveguide (Figure 8; Waveguide 170) positioned in a fifth lateral plane adjacent to the fourth lateral plane (see Figure 8), wherein the fifth planar waveguide (Figure 8; Waveguide 170) comprises a fifth DOE (Figure 8; Coupling Element 176) disposed at the fifth lateral position (see Figure 8 and Paragraphs [0156]-[0157]); and a sixth planar waveguide (Figure 8; Waveguide 172) positioned in a sixth lateral plane adjacent to the fifth lateral plane (see Figure 8), wherein the sixth planar waveguide (Figure 8; Waveguide 172) comprises a sixth DOE (Figure 8; Coupling Element 178) disposed at a sixth lateral position (see Figure 8 and Paragraphs [0156]-[0157]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the eyepiece of Wall as modified by Wang to incorporate a fourth planar waveguide positioned in a fourth lateral plane adjacent the third lateral plane, wherein the fourth planar waveguide comprises a fourth diffractive optical element (DOE) disposed at the fourth lateral position; a fifth planar waveguide positioned in a fifth lateral plane adjacent to the fourth lateral plane, wherein the fifth planar waveguide comprises a fifth DOE disposed at the fifth lateral position; and a sixth planar waveguide positioned in a sixth lateral plane adjacent to the fifth lateral plane, wherein the sixth planar waveguide comprises a sixth DOE disposed at a sixth lateral position, as taught by Singer, because doing so would make it possible to realize an optical system with a larger field of view (see Singer Paragraph [0154]). Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Wall et al (US 2017/0235142; hereinafter referred to as Wall) as applied to claim 13, in view of Bohn et al (US 2015/0002528; hereinafter referred to as Bohn). Regarding Claim 14, Wall teaches the limitations of claim 13 as detailed above. Wall further discloses the first DOE (Figure 4; Input-Couplers 112B) is configured to diffract light with a first wavelength range (see Paragraph [0036]). Wall does not expressly disclose that the first optical filter comprises an absorption filter operable to absorb wavelengths outside the first wavelength range. Bohn discloses an optical filter that comprises an absorption filter operable to absorb wavelengths outside a first wavelength range (see Paragraphs [0049] and [0070]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the first optical filter of Wall such that the first optical filter comprises an absorption filter operable to absorb wavelengths outside the first wavelength range, as taught by Bohn, because doing so would aid in filtering and shifting light wavelengths to predetermined color wavebands (see Bohn Paragraph [0049]). Regarding Claim 15, Wall teaches the limitations of claim 13 as detailed above. Wall further teaches the first optical filter (Figure 4; Coating 422G) comprises a filter (Figure 4; Coating 422G) configured to transmit light in a first wavelength range (see Paragraph [0061]). Wall does not expressly disclose that the first optical filter absorbs at least a portion of the light outside the first wavelength range. Bohn discloses an optical filter that absorbs at least a portion of the light outside the first wavelength range (see Paragraphs [0049] and [0070]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the first optical filter of Wall such that the first optical filter absorbs at least a portion of the light outside the first wavelength range, as taught by Bohn, because doing so would aid in filtering and shifting light wavelengths to predetermined color wavebands (see Bohn Paragraph [0049]). Regarding Claim 16, Wall as modified by Bohn discloses the limitations of claim 15 as detailed above. Wall does not expressly disclose that the first optical filter is further configured to absorb at least a portion of the light in a third wavelength range. Bohn discloses an optical filter which is further configured to absorb at least a portion of the light in a third wavelength range (see Paragraphs [0049] and [0070]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the first optical filter of Wall such that the first optical filter is further configured to absorb at least a portion of the light in a third wavelength range, as taught by Bohn, because doing so would aid in filtering and shifting light wavelengths to predetermined color wavebands (see Bohn Paragraph [0049]). Inquiry Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER A LAMB II whose telephone number is (571)270-0648. The examiner can normally be reached Monday-Friday 10am - 5pm 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, Minh-Toan Ton can be reached at (571) 272-2303. 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. /CHRISTOPHER A LAMB II/Examiner, Art Unit 2882
Read full office action

Prosecution Timeline

Jul 03, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102, §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
72%
Grant Probability
85%
With Interview (+13.5%)
2y 7m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 487 resolved cases by this examiner. Grant probability derived from career allowance rate.

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