Prosecution Insights
Last updated: October 01, 2026
Application No. 18/763,932

HEAD MOUNTABLE DISPLAY

Non-Final OA §102§103
Filed
Jul 03, 2024
Priority
May 15, 2023 — provisional 63/502,408 +3 more
Examiner
MATEY, MICHAEL A
Art Unit
Tech Center
Assignee
Apple Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
476 granted / 596 resolved
+19.9% vs TC avg
Strong +18% interview lift
Without
With
+18.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
20 currently pending
Career history
612
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
53.1%
+13.1% vs TC avg
§102
34.8%
-5.2% vs TC avg
§112
11.2%
-28.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 596 resolved cases

Office Action

§102 §103
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 Drawings 1. The drawings are objected to because a. Fig.12.1-4, element 12C-M is not disclosed in the specification. b. Fig.13.0-2C, element 13.0-205 & 13.0-207 is not disclosed in the specification. c. Fig.9.0-1, element 9.0-100 is not disclosed in the specification. d. Fig.9.2-1, element 19.2-40 & 9.2-122 are not disclosed in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 2. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the fan assembly including: a first metal housing thermally coupled to the printed circuit board; and a second metal housing thermally coupled to the printed circuit board; wherein: the first metal housing defines a first major plane; and the second metal housing defines a second major plane disposed non- parallel to the first major plane.” As disclosed in claim 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 102 3. In the event that 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, 3 & 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Allin et al. US2018/0307282. Per claim 1 Allin et al. teaches a head-mountable display device (100), comprising: an outer frame (105 & 120, see fig.1) defining: a first opening (see fig.3, “space between 205 and 115”); a second opening (310; [0024], “cavity”); an internal volume between the first opening and the second opening (see fig.3); an intake port (see fig.3; [0018], [0024], “305 port”) between the first opening and the second opening (see fig.3); and an exhaust port (125) between the first opening and the second opening (see fig.3); a front cover (115, see fig.1 & 3) coupled to the outer frame at the first opening (see fig.3); a flexible curtain (310) coupled to the outer frame and occluding the second opening (see fig.3; [0024]); and a fan (205) disposed within the internal volume (see fig.3); wherein the fan is configured to draw air through the intake port (see fig.3) and push the air out through the exhaust port between the flexible curtain and the front cover (see fig.3). Per claim 3 Allin et al. teaches the head-mountable display device of claim 1, further comprising a printed circuit board (210) disposed in the internal volume (See fig.2-3). Per claim 10 Allin et al. teaches a head-mountable device (100), comprising: a frame (105 & 120, see fig.1) defining an intake port (see fig.3; [0018], [0024], “305 port”) and an exhaust port (125); a flexible curtain (310) coupled to the frame (see fig.3; [0024]); a front cover (115) coupled to the frame opposite the flexible curtain (see fig.1 & 3); and an air mover (205) configured to draw air in through the intake port and push the air out through the exhaust port between the flexible curtain and the front cover (see fig.3). Claim Rejections - 35 USC § 103 4. 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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Allin et al. US2018/0307282 in view of Selvakumar et al. US2019/0075689. Per claim 2 Allin et al. teaches the head-mountable display device of claim 1, wherein the outer frame includes: an upper sidewall defining the exhaust port (see fig.3); Allin et al. does not explicitly teach a lower sidewall opposite the upper sidewall, the lower sidewall defining the intake port. Selvakumar et al. however discloses a lower sidewall opposite the upper sidewall, the lower sidewall defining the intake port (see fig.3). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have a lower sidewall intake port opposite an upper sidewall exhaust port as taught by Selvakumar et al. in the head-mountable display device of Allin et al., because it enable efficient air flow through the housing to effectively dissipate heat from the interior of the head-mountable display device. Claim(s) 4-8, 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Allin et al. US2018/0307282 in view Yoon et al. US2024/0074028. Per claim 4 Allin et al. teaches the head-mountable display device of claim 3, Allin et al. does not explicitly teach wherein the fan includes a housing thermally coupled to the printed circuit board. Yoon et al. however discloses wherein the fan includes a housing thermally coupled to the printed circuit board ([0037], see fig.2B). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the fan include a housing that is thermally coupled to the printed circuit board as taught by Yoon et al. in the head-mountable display device of Allin et al., because it enables effective dissipation of heat from the heat generating components. Per claim 5 Allin et al. in view of Yoon et al. teaches the head-mountable display device of claim 4, further comprising a display assembly disposed in the internal volume ([0014]-[0015]). Per claim 6 Allin et al. in view of Yoon et al. teaches the head-mountable display device of claim 5, wherein the fan (270) is disposed between the display assembly (240; [0024]) and the printed circuit board (250, see fig.2B). Per claim 7 Allin et al. in view of Yoon et al. teaches the head-mountable display device of claim 5, wherein the display assembly includes a first display screen (241; [0034]) and a second display screen (242, see fig.2B). Per claim 8 Allin et al. teaches the head-mountable display device of claim 7, wherein: the flexible curtain (310) occludes the second opening between the outer frame and a first and seconds lenses (410, see fig.1, 3-4). Allin et al. does not explicitly teach the display assembly further includes: a first lens aligned with the first display screen; and a second lens aligned with the second display screen. Yoon et al. however the display assembly further includes: a first lens (233, see fig.2A-2B; [0024], [0032]) aligned with the first display screen (241); and a second lens (233) aligned with the second display screen (242, see fig.2A-2B). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have first and second lens as taught by Yoon et al. in the head-mountable display device of Allin et al., because it enables proper viewing and visibility of the first and second display screens. Per claim 11 Allin et al. teaches the head-mountable device of claim 10, Allin et al. does not explicitly teach further comprising a printed circuit board having a heat-generating component, wherein a housing of the air mover is thermally coupled to the heat-generating component. Yoon et al. however discloses a printed circuit board (250) having a heat-generating component ([0035]-[0036]), wherein a housing of the air mover (270) is thermally coupled to the heat-generating component ([0037], see fig.2B). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the air that is thermally coupled to the heat-generating component as taught by Yoon et al. in the head-mountable display device of Allin et al., because it enables effective dissipation of heat from the heat generating components. Per claim 12 Allin et al. in view of Yoon et al. teaches the head-mountable device of claim 11, wherein: the housing is a first housing (see fig.2B); the heat-generating component is a first heat-generating component ([0036]); the printed circuit board includes a second heat-generating component ([0036], “plurality”); the head-mountable device further comprises a heat sink (280); and the air mover (270) comprises a second housing (260; [0037], see fig.2B, “260 is the base of the air mover which makes up part of its housing”) including the heat sink (see fig.2B), the second housing thermally coupled to the second heat-generating component ([0035]-[0037]). Allowable Subject matter 5. Claims 9, 13-14 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 9, includes allowable subject matter because of the head mountable device of claim 8, wherein the flexible curtain comprises an elastic layer defining an external surface and an air-permeable layer defining the internal volume. Claim 13, includes allowable subject matter because of the head-mountable device of claim 10, wherein: the flexible curtain comprises: a first layer defining an external surface; and a second layer; the first layer is elastic; and the second layer is air-impermeable. Per claim 14, depends on claim 13 therefore allowable for the same reason. The closest references to claims 9, 13-14 would be Allin et al. US2018/0307282 which discloses a flexible curtain, but does not disclose the materials or multiple layers of the flexible curtain. Claims 15 - 20 are allowable 6. Regarding Independent claim 15, patentability exists, at least in part, with the claimed combination of elements and features of: a wearable device, comprising: an outer frame defining: an external surface of the wearable device; and an internal volume; a flexible curtain coupled to the outer frame, the flexible curtain being air- impermeable; a printed circuit board disposed in the internal volume; and a fan assembly disposed in the internal volume between the flexible curtain and the printed circuit board, the fan assembly including: a first metal housing thermally coupled to the printed circuit board; and a second metal housing thermally coupled to the printed circuit board; wherein: the first metal housing defines a first major plane; and the second metal housing defines a second major plane disposed non-parallel to the first major plane. Claims 16-20 depends on claim 15, therefore allowable for the same reason. The closest reference to claim 15 would be Yoon et al. US2024/0074028 which discloses a fan assembly housing, but does not disclose the fan assembly disposed between the flexible curtain and the printed circuit board, the material of the fan assembly housing, and the fan assembly having two different and separate metal housings on planes not parallel to themselves. Email Communication 7. Applicant is encouraged to authorize the Examiner to communicate via email by filing form PTO/SB/439 either via USPS, Central Fax, or EFS-Web. See MPEP 502.01, 502, 502.05. Conclusion 8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. McGinty et al. US2019/0104650 discloses a head mounted display device comprising: a frame having a leading edge for placing adjacent a face of a user. Raffle et al. US2018/0095498 discloses a virtual reality head set. Applicants are directed to consider additional pertinent prior are included on the Notice of References Cited (PTOL 892) attached herewith. The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply. Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A MATEY whose telephone number is (571)270-5648. The examiner can normally be reached Monday-Friday 8-5 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, JAYPRAKASH GANDHI can be reached at 5712723740. 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. /MICHAEL A MATEY/Primary Examiner, Art Unit 2841
Read full office action

Prosecution Timeline

Jul 03, 2024
Application Filed
Sep 04, 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
80%
Grant Probability
98%
With Interview (+18.3%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 596 resolved cases by this examiner. Grant probability derived from career allowance rate.

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