Prosecution Insights
Last updated: August 12, 2026
Application No. 18/885,399

SYSTEMS AND METHODS FOR IDENTIFYING VISUAL STRESSORS IN OFFICE ENVIRONMENTS AND RECOMMENDING ERGONOMIC ADJUSTMENTS

Non-Final OA §102
Filed
Sep 13, 2024
Examiner
GAGNON, GRANT A
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Zenni Optical Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
389 granted / 466 resolved
+15.5% vs TC avg
Moderate +8% lift
Without
With
+7.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
30 currently pending
Career history
502
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
44.9%
+4.9% vs TC avg
§102
41.9%
+1.9% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 466 resolved cases

Office Action

§102
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 . Information Disclosure Statement The IDS’ filed to date have been considered. 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tran (US 20210290053) herein after referred to as D1. With regard to claim 1, D1 teaches a method for identifying and correcting visual stressors in an environment, in at least one of (Fig. 1A, 2A, and 5J; and [0113]); the method comprising: displaying a virtual environment (Fig. 5J) with a plurality of features ([0217]: features; [0006]; visual stimuli)on screens (108) of a virtual reality (VR) headset (208) worn by a user ([0006]); changing a first feature ([0217]: features; [0006]; visual stimuli) of the plurality of features ([0217]: features; [0006]; visual stimuli); upon changing the first feature ([0217]: features; [0006]; visual stimuli): displaying a visual task ([0097] and [0102]) in the virtual environment (Fig. 5J); prompting the user ([0006]) to complete the visual task ([0097] and [0102]); monitoring a user’s ([0006]) eyes ([0008]: eye tracking) to collect a first input ([0009]: user input) while the User ([0006]) completes visual task ([0097] and [0102]); in response to the input ([0009]: user input), changing a second feature ([0217]: features; [0006]; visual stimuli) of the plurality of features ([0217]: features; [0006]; visual stimuli); upon changing the second feature ([0217]: features; [0006]; visual stimuli): displaying the visual task ([0097] and [0102]) in the virtual environment (Fig. 5J) again; prompting the User ([0006]) to complete the visual task ([0097] and [0102]) again; monitoring the User’s ([0006])eyes ([0008]: eye tracking) to collect a second input ([0009]: user input) while the User ([0006]) completes the visual task ([0097] and [0102]); wherein features ([0217]: features; [0006]; visual stimuli) of the plurality of features ([0217]: features; [0006]; visual stimuli) are changed until the virtual environment (Fig. 5J) is arranged to optimize a visual acuity ([0097]) and an ergonomic comfort ([0060]) of the user ([0006]). With regard to claim 2, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein displaying a virtual environment (Fig. 5J) comprises displaying a virtual office (Fig. 5J). With regard to claim 3, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein changing the first and second feature ([0217]: features; [0006]; visual stimuli)s ([0217]: features; [0006]; visual stimuli) comprises changing a lighting ([0085]) in the virtual environment (Fig. 5J). With regard to claim 4, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein changing the first and second feature ([0217]: features; [0006]; visual stimuli)s ([0217]: features; [0006]; visual stimuli) comprises changing a height ([0092], [0146], and [0192]) or size of a desk ([0006]: visual stimuli; [0178]: chair) in the virtual office (Fig. 5J). With regard to claim 5, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein changing the first and second feature ([0217]: features; [0006]; visual stimuli)s ([0217]: features; [0006]; visual stimuli) comprises changing a height ([0092], [0146], and [0192]) or position of a monitor ([0006]: visual stimuli; [0178]: chair) in the virtual office (Fig. 5J). With regard to claim 6, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein changing the first and second feature ([0217]: features; [0006]; visual stimuli)s ([0217]: features; [0006]; visual stimuli) comprises changing height ([0092], [0146], and [0192]) or shape of a chair ([0006]: visual stimuli; [0178]: chair) in the virtual office (Fig. 5J). With regard to claim 7, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein monitoring the User’s ([0006])eyes ([0008]: eye tracking) comprises monitoring a gaze direction ([0177]) of the User ([0006]). With regard to claim 8, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein monitoring the User’s ([0006])eyes ([0008]: eye tracking) comprises monitoring a fixation ([0014]) duration of the User ([0006]). With regard to claim 9, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein monitoring the User’s ([0006])eyes ([0008]: eye tracking) comprises monitoring a blink rate ([0105]) of the User ([0006]). With regard to claim 10, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); further comprising processing the first and second inputs ([0009]: user input) to identify sources of visual stress ([0068]) for the User ([0006]). With regard to claim 11, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); further comprising processing the first and second inputs ([0009]: user input) to identify sources of physical discomfort ([0060]) for the User ([0006]). With regard to claim 12, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); further comprising asking the User ([0006]) for subjective input ([0009]: user input) regarding the visual acuity ([0097]) and the ergonomic comfort ([0060]) of the User ([0006]). With regard to claim 13, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); further comprising processing the subjective input ([0009]: user input) to change the features ([0217]: features; [0006]; visual stimuli) of the virtual environment (Fig. 5J). With regard to claim 14, D1 teaches A system for identifying and correcting visual stressors in an environment, in at least one of (Fig. 1A, 2A and 5J; and [0113]); the system comprising: a virtual reality (VR) headset (208) worn by a User ([0006]), the VR headset (208) comprising: screens (108); one or more motion-tracking sensor ([0105])s ([0105]) configured to track physical movements ([0105]) and a spatial orientation ([0085]) of the User ([0006]); and one or more eye-tracking sensors ([0008]) and one or more eye-tracking cameras ([0009]), configured to monitor eye movements ([0003]), fixation ([0014]) patterns, and blink rates ([0105]) of the User ([0006]); and a computing device ([0215]) in electronic communication with the VR headset (208), the computing device ([0215]) being configured to cause a virtual environment (Fig. 5J) with a plurality of features ([0217]: features; [0006]; visual stimuli) to be displayed on the screens (108), to cause features ([0217]: features; [0006]; visual stimuli) of the plurality of features ([0217]: features; [0006]; visual stimuli) to be changed, and to process the physical movements ([0003]), the spatial orientation ([0085]), the eye movements ([0003]), the fixation ([0014]) patterns, and the blink rates ([0105]) of the User ([0006]). With regard to claim 15, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 14, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein the at least one motion-tracking sensor ([0105]) comprises one motion-tracking sensor ([0105]) on a left side of the VR headset (208), one motion-tracking sensor ([0105]) on a right side of the VR headset (208), and at least two motion-tracking sensor ([0105])s ([0105]) on a front side of the VR headset (208). With regard to claim 16, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 14, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein the at least one motion-tracking sensor ([0105]) is configured to track physical movements ([0105]) and a spatial orientation ([0085]) of the User ([0006]) in real-time and communicate corresponding data ([0214]) with the computing device ([0215]) in real-time. With regard to claim 17, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 14, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein the at least one motion-tracking sensor ([0105]) comprises one or more of an accelerometer ([0105]) or a gyroscope ([0105]). With regard to claim 18, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 14, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein the computing device ([0215]) comprises an algorithm ([0192]) configured to process the eye movements ([0003]), fixation ([0014]) patterns, and blink rates ([0105]) of the User ([0006]) to evaluate visual fatigue ([0060]) of the User ([0006]). With regard to claim 19, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 14, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein the computing device ([0215]) comprises an algorithm ([0192]) configured to process the eye movements ([0003]), fixation ([0014]) patterns, and blink rates ([0105]) of the User ([0006]) to evaluate eye strain of the User ([0006]). With regard to claim 20, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 14, wherein D1 further teaches methods for testing in a virtual reality environment (Fig. 5J), in at least one of (Fig. 1A, 2A and 5J; and [0113]); wherein the computing device ([0215]) comprises an algorithm ([0192]) configured to process the physical movements ([0105]) and the spatial orientation ([0085]) to evaluate an ergonomic posture of the User ([0006]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30. 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, Bumsuk Won can be reached at (571) 272-2713. 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 User ([0006])s. 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. /GRANT A GAGNON/Examiner, Art Unit 2872 /BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
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Prosecution Timeline

Sep 13, 2024
Application Filed
Jun 26, 2026
Non-Final Rejection mailed — §102 (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
84%
Grant Probability
91%
With Interview (+7.9%)
2y 7m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 466 resolved cases by this examiner. Grant probability derived from career allowance rate.

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