Prosecution Insights
Last updated: April 19, 2026
Application No. 18/886,928

SYSTEM FOR MITIGATING CONVERGENCE INSUFFICIENCY IN VIRTUAL REALITY DISPLAYS

Non-Final OA §102§103§112
Filed
Sep 16, 2024
Examiner
HOANG, PHI
Art Unit
2619
Tech Center
2600 — Communications
Assignee
Dark Arts Software LLC
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
98%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
756 granted / 928 resolved
+19.5% vs TC avg
Strong +17% interview lift
Without
With
+17.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
25 currently pending
Career history
953
Total Applications
across all art units

Statute-Specific Performance

§101
10.5%
-29.5% vs TC avg
§103
53.0%
+13.0% vs TC avg
§102
11.9%
-28.1% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 928 resolved cases

Office Action

§102 §103 §112
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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 16, the appears to be incomplete as the claim describes a condition “when the image” on lines 2-3 without any additional details to complete the condition. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 2, 5, 7-13, 17, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Genova (US 2015/0208055 A1). Regarding claim 1, Genova discloses a computer-implemented method, comprising: determining a convergence distance from a viewpoint of a virtual camera in a three-dimensional (3D) virtual environment where a reprojection surface is to be located relative to the virtual camera; (Paragraph 0041, establishing a convergence distance of a plane established for left-eye and right-eye virtual cameras where 3D space points are projected in the plane of the virtual cameras for an image) obtaining location information of a virtual object in the 3D virtual environment; (Paragraph 0069, determining locations of objects in a 3D scene) generating, based on the convergence distance and the location information of the virtual object relative to a position and orientation of the virtual camera, a two-dimensional (2D) image that includes the virtual object projected on the reprojection surface; (Paragraphs 0041 and 0069, reprojecting a 2D image to 3D and back to 2D for the left-eye and right-eye virtual cameras for viewing the scene with the objects) and rendering the 2D image in an electronic visual display (Paragraph 0115, providing left and right eye images for display in glasses). Regarding claim 2, Genova discloses wherein the electronic visual display is one of a pair of near-eye displays of a stereoscopic electronic head-mounted display device (Paragraphs 0093 and 0115 and figure 1A, glasses that can be worn on a user’s head for stereoscopic display). Regarding claim 5, Genova discloses a system, comprising: one or more processors; (Paragraph 0092, processor module) and memory including computer-executable instructions that, if executed by the one or more processors, cause the system to (Paragraph 0092, program in memory executed by the processor module): determine a distance from a viewpoint of a virtual camera to a projection surface in a virtual environment at which objects projected on the projection surface are in clearer focus for a user than at another distance from the viewpoint of the virtual camera; (Paragraphs 0041 and 0048, a plane of a convergence distance between a near and far plane for rendering where nothing is rendered at distances beyond the far plane) obtain a location of an object in the virtual environment; (Paragraph 0069, determining locations of objects in a 3D scene) and project, based on the distance and the location, an image that includes the object onto the projection surface (Paragraphs 0041 and 0069, reprojecting a 2D image to 3D and back to 2D for the left-eye and right-eye virtual cameras for viewing the scene with the objects). Regarding claim 7, Gevona discloses wherein the virtual environment is three-dimensional (Paragraph 0041, 3D scene). Regarding claim 8, Genova discloses wherein the location is within a view frustum of the virtual camera (Figures 1C, view range of objects from the virtual cameras). Regarding claim 9, Genova discloses wherein the projection surface occupies an entire field of view of the virtual camera (Paragraph 0041 and figure 1B, the plane of convergence distance is in the entire field of view of each of the left-eye and right-eye virtual cameras). Regarding claim 10, Genova discloses wherein the computer-executable instructions further include executable instructions that further cause the system to cause the image to be displayed on a display of a stereoscopic display device (Paragraphs 0093 and 0115, providing left and right eye images for stereoscopic display in glasses). Regarding claim 11, Genova discloses wherein the stereoscopic display device is head-mounted (Paragraphs 0093 and 0115 and figure 1A, glasses that can be worn on a user’s head for stereoscopic display). Regarding claim 12, Genova discloses project an additional image to be projected onto an additional projection surface located at a different distance from the viewpoint of the virtual camera; (Paragraphs 0040-0041 and figures 1B-1C, synthesizing left and right eye views where each of the views are different distances from each of the left-eye and right-eye virtual cameras) and cause the additional image to be displayed on an additional display of the stereoscopic display device (Paragraphs 0007, 0109, and 0111, separate left and right LCDs for stereoscopic display of images for the left and right eyes). Regarding claim 13, Genova discloses a non-transitory computer-readable storage medium storing thereon executable instructions that, if executed by one or more processors of a computer system, cause the computer system to at least (Paragraph 0092, program in memory executed by a processor module): determine a distance from a viewpoint of a camera in a virtual environment where a projection surface is to be located relative to the camera; (Paragraph 0041, establishing a convergence distance of a plane established for left-eye and right-eye virtual cameras where 3D space points are projected in the plane of the virtual cameras for an image) obtain a location of an object within a view frustum of the camera in the virtual environment; (Paragraph 0069, determining locations of objects in a 3D scene in a view range of the virtual cameras, figure 1C) generate, based on the distance and the location of the object relative to a position and orientation of the camera, an image that includes the object projected on the projection surface; (Paragraphs 0041 and 0069, reprojecting a 2D image to 3D and back to 2D for the left-eye and right-eye virtual cameras for viewing the scene with the objects) and render the image in an electronic display (Paragraph 0115, providing left and right eye images for display in glasses). Regarding claim 17, Genova discloses wherein the electronic display is a display in a stereoscopic display device (Paragraph 0093, stereoscopic display). Regarding claim 19, Genova discloses wherein the executable instructions further include instructions that further cause the computer system: determine an additional distance from an additional viewpoint of an additional camera in the virtual environment where an additional projection surface is to be located relative to the additional camera; (Paragraphs 0040-0041 and figures 1B-1C, synthesizing left and right eye views where each of the views are different distances from each of the left-eye and right-eye virtual cameras) generate, based on the additional distance and the location of the object relative to an additional position and orientation of the additional camera, an additional image that includes the object projected on the additional projection surface; (Paragraph 0069, generating left-eye and right-eye views including objects located in the scene) and render the additional image in an additional electronic display (Paragraphs 0007, 0109 and 0111, separate left and right LCDs for stereoscopic display of the views for the left and right eyes). Regarding claim 20, Genova discloses wherein the electronic display and the additional electronic display are a pair of separate displays of a stereoscopic display device (Paragraphs 0007, 0109, and 0111, separate left and right LCDs for stereoscopic display of images for the left and right eyes). 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) 3, 4, 6, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Genova (US 2015/0208055 A1) in view of Hur et al. (US 2019/0379856 A1). Regarding claim 3, Genova discloses all limitations as discussed in claim 1. Genova does not clearly disclose wherein the reprojection surface is curved. Hur discloses projection on a spherical surface (Paragraphs 0093 and 0106). Hur’s technique of projection on a spherical surface of would have been recognized by one of ordinary skill in the art to be applicable to the projection of an image onto a planar surface of Genova and the results would have been predictable in the projection of an image on to a spherical surface. Therefore, the claimed subject matter would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention. Regarding claim 4, Hur discloses wherein the reprojection surface is at least a portion of an interior of a sphere centered at the viewpoint (Paragraphs 0244 and 0452, projection of an overlay inside the sphere that is viewed at a center of a viewport). Regarding claim 6, Genova discloses all limitations as discussed in claim 5. Genova does not clearly disclose wherein the projection surface comprises at least a portion of an interior of a spheroid surrounding the virtual camera. Hur discloses projection on an inside of a spherical surface (Paragraphs 0093, 0106, and 0452) Hur’s technique of projection on an inside of a spherical surface of would have been recognized by one of ordinary skill in the art to be applicable to the projection of an image onto a planar surface of Genova and the results would have been predictable in the projection of an image on to an inside of a spherical surface. Therefore, the claimed subject matter would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention. Regarding claim 14, similar reasoning as discussed in claim 3 is applied. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Genova (US 2015/0208055 A1) in view of Hua et al. (US 2021/0103148 A1). Regarding claim 15, Genova discloses all limitations as discussed in claim 13. Genova does not clearly disclose wherein the executable instructions that cause the computer system to determine the distance includes instructions that cause the computer system to determine, based on feedback from a user of the electronic display, the distance at which objects projected on the projection surface are of acceptable visual acuity to the user. Hua discloses receiving passive feedback from a user by tracking the user’s eyes and gaze for determining the convergence distance (Paragraph 0135). Hua’s technique of receiving passive feedback from a user by tracking the user’s eyes and gaze for determining the convergence distance would have been predictable in the positioning of a plane at a convergence distance for image reprojection of Genova and the results would have been predictable in image reprojection using positioning of a plane at a convergence distance determined based on passive feedback from a user by tracking the user’s eyes and gaze. Therefore, the claimed subject matter would have bene obvious to one of ordinary skill in the art before the effective filing date of the claimed invention. Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Genova (US 2015/0208055 A1) in view of Berquam et al. (US 2022/0365656 A1). Regarding claim 18, Genova discloses all limitations as discussed in claim 17. Genova does not clearly disclose wherein the stereoscopic display device is a virtual reality headset. Berquam discloses stereoscopic displays implemented in a virtual reality headset (Paragraph 0048). Berquam’s implementation of a stereoscopic displays in a virtual reality headset would have been recognized by one of ordinary skill in the art to be applicable to the stereoscopic display of a scene of Genova and the results would have been predictable in the stereoscopic display of a scene in a virtual reality headset. Therefore, the claimed subject matter would have bene obvious to one of ordinary skill in the art before the effective filing date of the claimed invention. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Anderson et al. (US 2022/0165014 A1) discloses reprojection of images for left and right displays within a stereoscopic display. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHI HOANG whose telephone number is (571)270-3417. The examiner can normally be reached Mon-Fri 8:00-5:00. 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, JASON CHAN can be reached at (571)272-3022. 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. /PHI HOANG/Primary Examiner, Art Unit 2619
Read full office action

Prosecution Timeline

Sep 16, 2024
Application Filed
Mar 06, 2026
Non-Final Rejection — §102, §103, §112 (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
82%
Grant Probability
98%
With Interview (+17.0%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 928 resolved cases by this examiner. Grant probability derived from career allow rate.

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