Prosecution Insights
Last updated: July 17, 2026
Application No. 18/781,209

WEARABLE ELECTRONIC DEVICE INCLUDING TUNABLE LENS

Non-Final OA §102§103
Filed
Jul 23, 2024
Priority
Jul 24, 2023 — RE 10-2023-0095931 +2 more
Examiner
PAN, JIA X
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
445 granted / 614 resolved
+4.5% vs TC avg
Strong +37% interview lift
Without
With
+37.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
37 currently pending
Career history
647
Total Applications
across all art units

Statute-Specific Performance

§103
90.6%
+50.6% vs TC avg
§102
5.7%
-34.3% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 614 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 Objections Claims 3, 5, 9-12, 16 and 18-20 objected to because of the following informalities: Last line of claims 3, 5, 16, 18, the phase “a first threshold” should be “the first threshold”; Line 6 of claim 9, the phase “a refractive index” should be “the refractive index”; Line 4 of claim 10, the phase “a refractive index” should be “the refractive index”; Lines 4 and 5 of claims 11 and 12, the phase “a refractive index” should be “the refractive index”; Line 2 of claim 18, the phase “a first angle” should be “the first angle”; Claim 19, line 7, the phase “a first angle” should be “a first angle of the gaze”; and Claim 20, lines 8-12, the claim limitations “adjusting, by the wearable electronic device, a refractive index of a first area of a first lens of the lens assembly corresponding to a first distance from an edge of the first lens to reduce blur of a first object displayed based on first light beams passing through the first area of the first lens corresponding to the first distance from the edge of the first lens” should be “adjusting, by the wearable electronic device, a refractive index of a first area of a first lens of the lens assembly corresponding to a first distance from an edge of the first lens to a first value to reduce blur of a first object displayed based on first light beams passing through the first area of the first lens corresponding to the first distance from the edge of the first lens”. Appropriate correction is required. Claim Rejections - 35 USC § 102 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 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, 8, 13, 14 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jamali US 2020/0348528. Regarding claim 1, Jamali discloses a wearable electronic device (1800), in at least figs.1-7 and 18-19B, and para.39-41, comprising: a camera (1835, para.95); a display (1928 or 110); and a lens assembly (1817 or 100, para.40 and 54) configured to focus or guide light beams representing visual information output from the display (see figs.1, 7 and 19B), wherein the lens assembly comprises: a first lens (130 or 200) configured to adjust a refractive index by receiving an electrical signal (see para.39, 41 and 54 and figs.2-6B), memory (1845) storing one or more computer programs (para.99); and one or more processors (1855) communicatively coupled to the camera, the display, the first lens, and the memory (para.99-102), wherein the one or more computer programs include computer-executable instructions (para.99) that, when executed by the one or more processors (para.102), cause the wearable electronic device to: control the display to output the light beams representing the visual information through the lens assembly (see para.102 and figs.7, 18 and 19B), adjust a refractive index of a first area (a peripheral portion of the first lens) of the first lens corresponding to a first distance from an edge of the first lens to a first value (see at least fig.3B) to reduce blur of a first object displayed based on first light beams passing through the first area of the first lens corresponding to the first distance from the edge of the first lens (see at least figs.2, 3B-5 and 6B and para.39, 41, 43 and 54), and adjust a refractive index of a second area (a center portion of the first lens) of the first lens corresponding to a second distance, which is longer than the first distance, from the edge of the first lens to a second value (see at least figs.2, 3B-5 and 6B and para.39, 41, 43 and 54). Regarding claim 8, Jamali discloses the lens assembly further comprises a second lens (a second lens, see fig.5) configured to adjust a refractive index by receiving an electrical signal. Regarding claim 13, Jamali discloses further comprising a video see-through (VST) device (1805, para.85). Regarding claim 14, Jamali discloses a method performed by a wearable electronic device (1800), wherein the wearable electronic device comprises: a display (1928 or 110), and a lens assembly (1817 or 100, para.40 and 54) configured to focus or guide light beams representing visual information output from the display (see figs.1, 7 and 19B), wherein the lens assembly comprises a first lens (130 or 200) configured to adjust a refractive index by receiving an electrical signal (see para.39, 41 and 54 and figs.2-6B), and wherein the method comprises: controlling, by the wearable electronic device, the display to output the light beams representing the visual information through the lens assembly (see para.99-102 and figs.7, 18 and 19B), adjusting, by the wearable electronic device, a refractive index of a first area (a peripheral portion of the first lens) of the first lens corresponding to a first distance from an edge of the first lens to a first value (see at least fig.3B) to reduce blur of a first object displayed based on first light beams passing through the first area of the first lens corresponding to the first distance from the edge of the first lens (see at least figs.2, 3B-5 and 6B and para.39, 41, 43 and 54), and adjusting, by the wearable electronic device, a refractive index of a second area (a center portion of the first lens) of the first lens corresponding to a second distance, which is longer than the first distance, from the edge of the first lens to a second value (see at least figs.2, 3B-5 and 6B and para.39, 41, 43 and 54). Regarding claim 20, Jamali discloses one or more non-transitory computer-readable storage media (1845) storing one or more computer programs (para.99) including computer-executable instructions (para.99) that, when executed by one or more processors (1855) of a wearable electronic device, cause the wearable electronic device to perform operations (para.99-102), the operations comprising: controlling, by the wearable electronic device, a display (1928 or 110) of the wearable device to output light beams representing visual information through a lens assembly (1817 or 100, para.40 and 54) of the wearable device (see para.102 and figs.7, 18 and 19B); adjusting, by the wearable electronic device, a refractive index of a first area (a peripheral portion of the first lens) of a first lens (130 or 200) of the lens assembly corresponding to a first distance from an edge of the first lens to a first value to reduce blur of a first object displayed based on first light beams passing through the first area of the first lens corresponding to the first distance from the edge of the first lens (see at least figs.2, 3B-5 and 6B and para.39, 41, 43 and 54); and adjusting, by the wearable electronic device, a refractive index of a second area (a center portion of the first lens) of the first lens corresponding to a second distance, which is longer than the first distance, from the edge of the first lens to a second value (see at least figs.2, 3B-5 and 6B and para.39, 41, 43 and 54). Claim(s) 1, 8, 14 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee US 20220404578. Regarding claim 1, Lee discloses a wearable electronic device (100 or 101), in figs.1-20 comprising: a camera (143); a display (130); and a lens assembly (110 and 120, or 120 and 111 and 112) configured to focus or guide light beams representing visual information output from the display (see figs.2 and 20), wherein the lens assembly comprises: a first lens (110 or 111) configured to adjust a refractive index by receiving an electrical signal (figs.2, 3 and 20), memory (160) storing one or more computer programs (see fig.3); and one or more processors (150) communicatively coupled to the camera, the display, the first lens, and the memory (see fig.3), wherein the one or more computer programs include computer-executable instructions (see fig.3) that, when executed by the one or more processors, cause the wearable electronic device to: control the display to output the light beams representing the visual information through the lens assembly (see figs.2, 3 and 20), adjust a refractive index of a first area (a peripheral portion of the first lens) of the first lens corresponding to a first distance from an edge of the first lens to a first value (see at least figs.18A and 18B) to reduce blur of a first object displayed based on first light beams passing through the first area of the first lens corresponding to the first distance from the edge of the first lens (see at least figs.18A and 18B), and adjust a refractive index of a second area (a center portion of the first lens) of the first lens corresponding to a second distance, which is longer than the first distance, from the edge of the first lens to a second value (see at least figs.18A and 18B). Regarding claim 8, Jamali discloses the lens assembly further comprises a second lens (112, see fig.20) configured to adjust a refractive index by receiving an electrical signal (see fig.20). Regarding claim 14, Jamali discloses a method performed by a wearable electronic device (100 or 101), wherein the wearable electronic device comprises: a display (130), and a lens assembly (110 and 120, or 120 and 111 and 112) configured to focus or guide light beams representing visual information output from the display (see figs.2 and 20), wherein the lens assembly comprises a first lens (110 or 111) configured to adjust a refractive index by receiving an electrical signal (see figs.2, 3 and 20), and wherein the method comprises: controlling, by the wearable electronic device, the display to output the light beams representing the visual information through the lens assembly (see figs.2, 3 and 20), adjusting, by the wearable electronic device, a refractive index of a first area (a peripheral portion of the first lens) of the first lens corresponding to a first distance from an edge of the first lens to a first value (see at least figs.18A and 18B) to reduce blur of a first object displayed based on first light beams passing through the first area of the first lens corresponding to the first distance from the edge of the first lens (see at least figs.18A and 18B), and adjusting, by the wearable electronic device, a refractive index of a second area (a center portion of the first lens) of the first lens corresponding to a second distance, which is longer than the first distance, from the edge of the first lens to a second value (see at least figs.18A and 18B). Regarding claim 20, Jamali discloses one or more non-transitory computer-readable storage media (160) storing one or more computer programs including computer-executable instructions (see figs.2,3 and 20) that, when executed by one or more processors (150) of a wearable electronic device, cause the wearable electronic device to perform operations (see fig.3), the operations comprising: controlling, by the wearable electronic device, a display (100 or 101) of the wearable device to output light beams representing visual information through a lens assembly (110 and 120, or 120 and 111 and 112) of the wearable device (see figs.2, 3 and 20); adjusting, by the wearable electronic device, a refractive index of a first area (a peripheral portion of the first lens) of a first lens (110 or 111) of the lens assembly corresponding to a first distance from an edge of the first lens to a first value to reduce blur of a first object displayed based on first light beams passing through the first area of the first lens corresponding to the first distance from the edge of the first lens (see at least figs.18A and 18B); and adjusting, by the wearable electronic device, a refractive index of a second area (a center portion of the first lens) of the first lens corresponding to a second distance, which is longer than the first distance, from the edge of the first lens to a second value (see at least figs.18A and 18B). 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. Claim(s) 2, 3, 5, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jamali US 2020/0348528 as applied to claim 1 above. Regarding claim 2, Jamali discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: identify a gaze of a user wearing the wearable electronic device through the camera (para.84, 95 and 100-102), and apply a predetermined first current to the first area of the first lens to adjust the refractive index of the first area of the first lens to the first value based on identifying that a first angle corresponding to the gaze is greater than a first threshold (see at least figs.2, 3B-6B and para.39-41, 96 and 100-102, it’s obvious to have apply a predetermined first current to the first area of the first lens to adjust the refractive index of the first area of the first lens to the first value based on identifying that a first angle corresponding to the gaze is greater than a first threshold when the first threshold is 0 volt and the first lens is activated from off state to on state for the purpose of adjusting the focal length or optical power of varifocal lens (para.96 and 39)). Regarding claim 3, Jamali discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: adjust the refractive index of the first area of the first lens to an initial value based on identifying that the first angle corresponding to the gaze is not greater than a first threshold (see at least figs.2, 3B-6B and para.39-41, 96 and 100-102, it’s obvious to have adjust the refractive index of the first area of the first lens to an initial value based on identifying that the first angle corresponding to the gaze is not greater than a first threshold when the first threshold is 0 volt and an initial value is zero and the first lens is from on state to off state, or the first lens maintains on off state for the purpose of adjusting the focal length or optical power of varifocal lens (para.96 and 39)). Regarding claim 5, Jamali discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: apply no current to the first lens based on identifying that the first angle corresponding to the gaze is not greater than a first threshold (see at least figs.2, 3B-6B and para.39-41, 96 and 100-102, it’s obvious to have apply no current to the first lens based on identifying that the first angle corresponding to the gaze is not greater than a first threshold when the first threshold is 0 volt and an initial value is zero and the first lens is on off state for the purpose of adjusting the focal length or optical power of varifocal lens (para.96 and 39)). Regarding claim 6, Jamali discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: identify a gaze of a user wearing the wearable electronic device through the camera (para.84, 95 and 100-102), adjust the refractive index of the first area to a third value corresponding to a first angle of the gaze, and adjust the refractive index of the second area to a fourth value corresponding to the first angle, based on identifying that the first angle corresponding to the gaze is greater than a first threshold and not greater than a second threshold that is greater than the first threshold (see at least figs.2, 3B-6B and para.39-41, 96 and 100-102, it’s obvious to have adjust the refractive index of the first area to a third value corresponding to a first angle of the gaze, and adjust the refractive index of the second area to a fourth value corresponding to the first angle, based on identifying that the first angle corresponding to the gaze is greater than a first threshold and not greater than a second threshold that is greater than the first threshold when the first threshold is 0 volt, the second threshold is the maximum threshold and the first lens is activated from off state to on state for the purpose of adjusting the focal length or optical power of varifocal lens (para.96 and 39)). Claim(s) 9, 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jamali US 2020/0348528 as applied to claim 8 above. Regarding claim 9, Jamali discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: identify a gaze of a user wearing the wearable electronic device through the camera (para.84, 95 and 100-102), and adjust each of the refractive index of the first lens and a refractive index of the second lens based on an area where the gaze of the user is directed (see at least figs.2, 3B-6B and para.39-41, 96 and 100-102, it’s obvious to have adjust each of the refractive index of the first lens and a refractive index of the second lens based on an area where the gaze of the user is directed when the first lens is activated from off state to on state for the purpose of adjusting the focal length or optical power of varifocal lens (para.96 and 39)). Regarding claim 10, Jamali discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: adjust each of the refractive index of the first lens and the refractive index of the second lens to an initial value based on identifying that the gaze of the user is directed toward the second area (see at least figs.2, 3B-6B and para.39-41, 96 and 100-102, it’s obvious to have adjust each of the refractive index of the first lens and the refractive index of the second lens to an initial value based on identifying that the gaze of the user is directed toward the second area when the first lens is from on state to off state and an initial value is zero for the purpose of adjusting the focal length or optical power of varifocal lens (para.96 and 39)). Regarding claim 12, Jamali discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: adjust the refractive index of the first lens to an initial value and adjust the refractive index of the second lens to the second value based on identifying that the gaze of the user is directed toward the second area (see at least figs.2, 3B-6B and para.39-41, 96 and 100-102, it’s obvious to have adjust the refractive index of the first lens to an initial value and adjust the refractive index of the second lens to the second value based on identifying that the gaze of the user is directed toward the second area when the first lens is from on state to off state or maintains on off state and the second lens is activated from off state to on state for the purpose of adjusting the focal length or optical power of varifocal lens (para.96 and 39)). Claim(s) 15, 16, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jamali US 2020/0348528 as applied to claim 14 above. Regarding claim 15, Jamali discloses the adjusting of the refractive index of the first area of the first lens to the first value comprises: identifying a gaze of a user wearing the wearable electronic device through a camera (1835, para.95) contained in the wearable electronic device (para.84, 95 and 100-102); and applying a predetermined first current to the first area of the first lens to adjust the refractive index of the first area of the first lens to the first value based on identifying that a first angle corresponding to the gaze is greater than a first threshold (see at least figs.2, 3B-6B and para.39-41, 96 and 100-102, it’s obvious to have applying a predetermined first current to the first area of the first lens to adjust the refractive index of the first area of the first lens to the first value based on identifying that a first angle corresponding to the gaze is greater than a first threshold when the first threshold is 0 volt and the first lens is activated from off state to on state for the purpose of adjusting the focal length or optical power of varifocal lens (para.96 and 39)). Regarding claim 16, Jamali discloses further comprising adjusting the refractive index of the first area of the first lens to an initial value based on identifying that the first angle corresponding to the gaze is not greater than the first threshold (see at least figs.2, 3B-6B and para.39-41, 96 and 100-102, it’s obvious to have adjusting the refractive index of the first area of the first lens to an initial value based on identifying that the first angle corresponding to the gaze is not greater than the first threshold when the first threshold is 0 volt and an initial value is zero and the first lens is from on state to off state, or the first lens maintains on off state for the purpose of adjusting the focal length or optical power of varifocal lens (para.96 and 39)). Regarding claim 18, Jamali discloses further comprising applying no current to the first lens based on identifying that the first angle corresponding to the gaze is not greater than the first threshold (see at least figs.2, 3B-6B and para.39-41, 96 and 100-102, it’s obvious to have applying no current to the first lens based on identifying that the first angle corresponding to the gaze is not greater than the first threshold when the first threshold is 0 volt and an initial value is zero and the first lens is on off state for the purpose of adjusting the focal length or optical power of varifocal lens (para.96 and 39)). Regarding claim 19, Jamali discloses further comprising: identifying a gaze of a user wearing the wearable electronic device through a camera (1835, para.95) of the wearable electronic device (para.84, 95 and 100-102); based on identifying that the first angle corresponding to the gaze is greater than a first threshold and not greater than a second threshold that is greater than the first threshold, adjusting the refractive index of the first area to a third value corresponding to a first angle of the gaze and the refractive index of the second area to a fourth value corresponding to the first angle (see at least figs.2, 3B-6B and para.39-41, 96 and 100-102, it’s obvious to have based on identifying that the first angle corresponding to the gaze is greater than a first threshold and not greater than a second threshold that is greater than the first threshold, adjusting the refractive index of the first area to a third value corresponding to a first angle of the gaze and the refractive index of the second area to a fourth value corresponding to the first angle when the first threshold is 0 volt, the second threshold is the maximum threshold and the first lens is activated from off state to on state for the purpose of adjusting the focal length or optical power of varifocal lens (para.96 and 39)). Claim(s) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee US 20220404578 as applied to claim 1 above. Regarding claim 2, Lee discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: identify a gaze of a user wearing the wearable electronic device through the camera (see figs.1-4 and 14-16), and apply a predetermined first current to the first area of the first lens to adjust the refractive index of the first area of the first lens to the first value based on identifying that a first angle corresponding to the gaze is greater than a first threshold (see at least figs.17A-19, it’s obvious to have apply a predetermined first current to the first area of the first lens to adjust the refractive index of the first area of the first lens to the first value based on identifying that a first angle corresponding to the gaze is greater than a first threshold when the first lens is activated from off state to on state for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257). Regarding claim 3, Lee discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: adjust the refractive index of the first area of the first lens to an initial value based on identifying that the first angle corresponding to the gaze is not greater than a first threshold (see at least figs.17A-19, it’s obvious to have adjust the refractive index of the first area of the first lens to an initial value based on identifying that the first angle corresponding to the gaze is not greater than a first threshold when an initial value is zero and the first lens is from on state to off state, or the first lens maintains on off state for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257). Regarding claim 4, Lee discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: apply a predetermined current to at least a portion of the first area to adjust the refractive index of the first area to the initial value (see at least figs.17A-19, it’s obvious to have apply a predetermined current to at least a portion of the first area to adjust the refractive index of the first area to the initial value (see edge portion of the first area fig.18B) for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257). Regarding claim 5, Lee discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: apply no current to the first lens based on identifying that the first angle corresponding to the gaze is not greater than a first threshold (see at least figs.17A-19, it’s obvious to have apply no current to the first lens based on identifying that the first angle corresponding to the gaze is not greater than a first threshold when an initial value is zero and the first lens is on off state for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257) Regarding claim 6, Lee discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: identify a gaze of a user wearing the wearable electronic device through the camera (figs.1-4 and 14-16), adjust the refractive index of the first area to a third value corresponding to a first angle of the gaze, and adjust the refractive index of the second area to a fourth value corresponding to the first angle, based on identifying that the first angle corresponding to the gaze is greater than a first threshold and not greater than a second threshold that is greater than the first threshold (see at least figs.17A-19, it’s obvious to have adjust the refractive index of the first area to a third value corresponding to a first angle of the gaze, and adjust the refractive index of the second area to a fourth value corresponding to the first angle, based on identifying that the first angle corresponding to the gaze is greater than a first threshold and not greater than a second threshold that is greater than the first threshold when the first lens is activated from off state to on state for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257). Claim(s) 9, 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee US 20220404578 as applied to claim 8 above. Regarding claim 9, Lee discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: identify a gaze of a user wearing the wearable electronic device through the camera (figs.1-4 and 14-16), and adjust each of the refractive index of the first lens and a refractive index of the second lens based on an area where the gaze of the user is directed (see at least figs.17A-20, it’s obvious to have adjust each of the refractive index of the first lens and a refractive index of the second lens based on an area where the gaze of the user is directed when the first lens is activated from off state to on state for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257). Regarding claim 10, Lee discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: adjust each of the refractive index of the first lens and the refractive index of the second lens to an initial value based on identifying that the gaze of the user is directed toward the second area (see at least figs.17A-19, it’s obvious to have adjust each of the refractive index of the first lens and the refractive index of the second lens to an initial value based on identifying that the gaze of the user is directed toward the second area when the first lens is from on state to off state and an initial value is zero for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257). Regarding claim 12, Lee discloses the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: adjust the refractive index of the first lens to an initial value and adjust the refractive index of the second lens to the second value based on identifying that the gaze of the user is directed toward the second area (see at least figs.17A-19, it’s obvious to have adjust the refractive index of the first lens to an initial value and adjust the refractive index of the second lens to the second value based on identifying that the gaze of the user is directed toward the second area when the first lens is from on state to off state or maintains on off state and the second lens is activated from off state to on state for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257). Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee US 20220404578 as applied to claim 1 above, and further in view of Jamali US 2020/0348528. Regarding claim 13, Lee does not explicitly disclose further comprising a video see-through (VST) device. Jamali discloses a wearable electronic device (1800), in at least figs.1-7 and 18-19B, and para.39-41, further comprising a video see-through (VST) device (1805, para.85, 86 and 99) for the purpose of forming a head-mounted display that presents media to a user (para.85). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further comprising a video see-through (VST) device as taught by Jamali in the wearable electronic device of Lee for the purpose of forming a head-mounted display that presents media to a user. Claim(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee US 20220404578 as applied to claim 14 above. Regarding claim 15, Lee discloses the adjusting of the refractive index of the first area of the first lens to the first value comprises: identifying a gaze of a user wearing the wearable electronic device through a camera (143) contained in the wearable electronic device (figs.1-4 and 14-16); and applying a predetermined first current to the first area of the first lens to adjust the refractive index of the first area of the first lens to the first value based on identifying that a first angle corresponding to the gaze is greater than a first threshold (see at least figs.17A-19, it’s obvious to have applying a predetermined first current to the first area of the first lens to adjust the refractive index of the first area of the first lens to the first value based on identifying that a first angle corresponding to the gaze is greater than a first threshold when the first lens is activated from off state to on state for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257). Regarding claim 16, Lee discloses further comprising adjusting the refractive index of the first area of the first lens to an initial value based on identifying that the first angle corresponding to the gaze is not greater than the first threshold (see at least figs.17A-19, it’s obvious to have adjusting the refractive index of the first area of the first lens to an initial value based on identifying that the first angle corresponding to the gaze is not greater than the first threshold when an initial value is zero and the first lens is from on state to off state, or the first lens maintains on off state for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257). Regarding claim 17, Lee discloses the adjusting of the refractive index of the first area of the first lens to the initial value comprises applying a predetermined current to at least a portion of the first area to adjust the refractive index of the first area to the initial value (see at least figs.17A-19, it’s obvious to have the adjusting of the refractive index of the first area of the first lens to the initial value comprises applying a predetermined current to at least a portion of the first area to adjust the refractive index of the first area to the initial value (see edge portion of the first area fig.18B) for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257). Regarding claim 18, Lee discloses further comprising applying no current to the first lens based on identifying that the first angle corresponding to the gaze is not greater than the first threshold (see at least figs.17A-19, it’s obvious to have applying no current to the first lens based on identifying that the first angle corresponding to the gaze is not greater than the first threshold when an initial value is zero and the first lens is on off state for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257). Regarding claim 19, Lee discloses further comprising: identifying a gaze of a user wearing the wearable electronic device through a camera (143) of the wearable electronic device (figs.1-4 and 14-16); based on identifying that the first angle corresponding to the gaze is greater than a first threshold and not greater than a second threshold that is greater than the first threshold, adjusting the refractive index of the first area to a third value corresponding to a first angle of the gaze and the refractive index of the second area to a fourth value corresponding to the first angle (see at least figs.17A-19, it’s obvious to have based on identifying that the first angle corresponding to the gaze is greater than a first threshold and not greater than a second threshold that is greater than the first threshold, adjusting the refractive index of the first area to a third value corresponding to a first angle of the gaze and the refractive index of the second area to a fourth value corresponding to the first angle when the first lens is activated from off state to on state for the purpose of adjusting focal length, refractive power and vergence of variable focus lens (see para.254-257). Allowable Subject Matter Claims 7 and 11 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. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 7, the prior art of record does not disclose or suggest the claim limitations of “the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: adjust the refractive index of the first area to a fifth value corresponding to the first angle, and adjust the refractive index of the second area to an initial value, based on identifying that the first angle corresponding to the gaze is greater than the second threshold”, along with other claim limitations. Jamali US 2020/0348528 and Lee US 20220404578, either singularly or in combination, does not disclose or suggest the claim limitations of “the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: adjust the refractive index of the first area to a fifth value corresponding to the first angle, and adjust the refractive index of the second area to an initial value, based on identifying that the first angle corresponding to the gaze is greater than the second threshold”, along with other claim limitations. Regarding claim 11, the prior art of record does not disclose or suggest the claim limitations of “the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: adjust the refractive index of the first lens to the first value and adjust the refractive index of the second lens to an initial value based on identifying that the gaze of the user is directed toward a third area between the first area and the second area”, along with other claim limitations. Jamali US 2020/0348528 and Lee US 20220404578, either singularly or in combination, does not disclose or suggest the claim limitations of “the one or more computer programs include computer-executable instructions that, when executed by the one or more processors, cause the wearable electronic device to: adjust the refractive index of the first lens to the first value and adjust the refractive index of the second lens to an initial value based on identifying that the gaze of the user is directed toward a third area between the first area and the second area”, along with other claim limitations. Contact Information The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee US 20200379214 (figs.1-17) and Kim US 2022/0269343 (figs.1-24) can be a primary reference as well. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIA X PAN whose telephone number is (571)270-7574. The examiner can normally be reached M-F: 11:00AM - 5:00PM. 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, Michael H Caley can be reached at (571)272-2286. 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. /JIA X PAN/Primary Examiner, Art Unit 2871
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Prosecution Timeline

Jul 23, 2024
Application Filed
Jun 11, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+37.0%)
2y 2m (~2m remaining)
Median Time to Grant
Low
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