Prosecution Insights
Last updated: July 17, 2026
Application No. 18/900,448

VARIABLE-PITCH COLOR EMITTING DISPLAY

Non-Final OA §103
Filed
Sep 27, 2024
Priority
Dec 04, 2019 — provisional 62/943,568 +3 more
Examiner
CHOWDHURY, SULTAN U.
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Magic Leap Inc.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1328 granted / 1483 resolved
+21.5% vs TC avg
Moderate +6% lift
Without
With
+6.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
16 currently pending
Career history
1504
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
71.3%
+31.3% vs TC avg
§102
14.8%
-25.2% vs TC avg
§112
5.9%
-34.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1483 resolved cases

Office Action

§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 Claim 9 is objected to because of the following informalities: replace” The system of claim 1, wherein the method further comprises: downsampling the video data to the second resolution; and downsampling the video data to the third resolution” with “The system of claim 1, wherein: downsampling the video data to the second resolution; and downsampling the video data to the third resolution” Appropriate correction is required. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or non-obviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-5, 10-16, 20 are rejected under 35 U.S.C. 103 as being un-patentable over GRUNDMANN (US 2021/0159373 A1) in view of Allen (US 2006/0044518 A1; Allen). As of claims 1-3, GRUNDMANN teaches a system 500 [fig 5A] comprising: a first panel 512 [fig 5A] comprising a first array of light emitters (a panel of red light emitters 512) [fig 5A] [0068], the first panel 512 [fig 5A] configured for emitting a first light at a first resolution (960×720 pixels) [0068], the first light comprising a first color [0068]; a second panel 514 [fig 5A] comprising a second array of light emitters (a panel of green light emitters 514) [fig 5A] [0068], the second panel configured for emitting a second light at a second resolution (1280×720 pixels) [0068], the second light comprising a second color (green) different than the first color (red); a third panel 516 [fig 5A] comprising a third array of light emitters (a panel of blue light emitters 516) [0068], the third panel configured for emitting a third light at a third resolution (1440×1080 pixels) [0068], the third light comprising a third color (blue) different than the first color (red) and the second color (green); and a combiner 530 (waveguide ) [fig 5A] [0069] for combining the first light, the second light, and the third light (from 512, 514, 516) [fig 5A] [0069]; and one or more processors 620 [fig 6] configured to perform a method comprising: receiving video data [0039], causing the first panel 512 [fig 5A] to emit the first light (a panel of red light emitters 512) [fig 5A] [0068], at the first resolution based on the video data [0039], causing the second panel 514 [fig 5A] to emit the second light at the second resolution based on the video data, and causing the third panel 514 [fig 5A] to emit the third light at the third resolution based on the video data (the number of light emitters in each red light emitters 512, green light emitters 514, and blue light emitters 516 can be equal to or greater than the number of pixels in a display image, such as 960×720, 1280×720, 1440×1080, 1920×1080, 2160×1080, or 2560×1080 pixels) [0068]. GRUNDMANN teaches all the claimed limitations through prior art knowledge of through a variety of disclosed embodiments. It would have been obvious to those of ordinary skill that the various embodiments and known prior art could be combined without yielding unpredictable results. It has been held that “[t]he combination of familiar elements according to known methods is likely to be obvious when it does not more than yield predictable results.” KSR., 127 S. Ct. at 1739, 82 USPQ2d at 1395 (2007) (Citing Graham, 383 U.S. at 12). GRUNDMANN does not teach the second resolution is lower than the first resolution, and the third resolution is lower than the first resolution; the third resolution is substantially equal to the second resolution and the first light comprises a green light, the second light comprises a red light, and the third light comprises a blue light. Allen teaches a digital projector 300 [fig 3A] having the second resolution is lower than the first resolution, and the third resolution is lower than the first resolution (red light valve 206 and blue light valve 208 may use a pitch size of 28 micron while green light valve 210 uses a higher pitch size of 14 micron, thus effectively providing more resolution for the green image portion of an image) [0031] and the third resolution is substantially equal to the second resolution (red light valve 320 has 100% pitch and blue light valve 346 has 100% pitch) [fig 3A] and the first light comprises a green light 328 [fig 3A], the second light comprises a red light (red light passing through first dichroic mirror 314 reflects off second folding mirror 316 toward second condenser lens 318) [0036], and the third light 334 [fig 3A] comprises a blue light [0034]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have the second resolution is lower than the first resolution, and the third resolution is lower than the first resolution and the third resolution is substantially equal to the second resolution and the first light comprises a green light, the second light comprises a red light, and the third light comprises a blue light as taught by Allen to the system as disclosed by GRUNDMANN to generate higher resolution green component of the same image size as the non-green components (Allen; [0038]). As of claim 4, GRUNDMANN teaches the first light comprises a first monochrome light 512 (red light) [fig 5A] [0068], the second light comprises a second monochrome light 514 (green light) [fig 5A] [0068], and the third light comprises a third monochrome light 516 (blue light) [fig 5A] [0068]. As of claim 5, GRUNDMANN in view of Allen teaches the invention as cited above except for the light emitters of the first array are smaller in size than the light emitters of the second array and are smaller in size than the light emitters of the third array. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have the light emitters of the first array are smaller in size than the light emitters of the second array and are smaller in size than the light emitters of the third array as a design choice (Rearrangement of Parts; MPEP 2144.04 VI C) in order to get a high-resolution image. As of claim 10, GRUNDMANN teaches the video data [0039] comprises video data having a full resolution (1280×720) [0068]; and the first resolution 960×720 [0068] is lower than the full resolution (1280×720) [0068]. As of claim 11, GRUNDMANN teaches the invention as cited above except for the combiner comprises an X-cube combiner. Allen teaches the combiner 322 [fig 3A] comprises an X-cube combiner [0034]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have the combiner comprises an X-cube combiner as taught by Allen to the system as disclosed by GRUNDMANN in order to generate higher resolution green component of the same image size as the non-green components (Allen; [0038]). As of claims 12, 13, 14, GRUNDMANN teaches a method [fig 5A] comprising: receiving video data [0039]; emitting, by a first panel 512 [fig 5A] comprising a first array of light emitters (a panel of red light emitters 512) [fig 5A] [0068], a first light (red light) at a first resolution (960×720 pixels) [0068] based on the video data [0039], the first light comprising a first color (red light); emitting, by a second panel 514 [fig 5A] comprising a second array of light emitters (a panel of green light emitters 514) [fig 5A] [0068], a second light (green) at a second resolution (1280×720 pixels) [0068] based on the video data [0039], the second light comprising a second color (green) different than the first color (red); emitting, by a third panel 516 [fig 5A] comprising a third array of light emitters (a panel of blue light emitters 516) [fig 5A] [0068], a third light at a third resolution (1440×1080 pixels) [0068] based on the video data [0039], the third light comprising a third color (blue) different than the first color (red) and the second color (green); and combining, by a combiner 530 (waveguide ) [fig 5A] [0069] for combining the first light, the second light, and the third light (from 512, 514, 516) [fig 5A] [0069]. GRUNDMANN does not teach the second resolution is lower than the first resolution, and the third resolution is lower than the first resolution. GRUNDMANN does not teach the second resolution is lower than the first resolution, and the third resolution is lower than the first resolution; the third resolution is substantially equal to the second resolution and the first light comprises a green light, the second light comprises a red light, and the third light comprises a blue light. Allen teaches a digital projector 300 [fig 3A] having the second resolution is lower than the first resolution, and the third resolution is lower than the first resolution (red light valve 206 and blue light valve 208 may use a pitch size of 28 micron while green light valve 210 uses a higher pitch size of 14 micron, thus effectively providing more resolution for the green image portion of an image) [0031] and the third resolution is substantially equal to the second resolution (red light valve 320 has 100% pitch and blue light valve 346 has 100% pitch) [fig 3A] and the first light comprises a green light 328 [fig 3A], the second light comprises a red light (red light passing through first dichroic mirror 314 reflects off second folding mirror 316 toward second condenser lens 318) [0036], and the third light 334 [fig 3A] comprises a blue light [0034]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have the second resolution is lower than the first resolution, and the third resolution is lower than the first resolution and the third resolution is substantially equal to the second resolution and the first light comprises a green light, the second light comprises a red light, and the third light comprises a blue light as taught by Allen to the system as disclosed by GRUNDMANN to generate higher resolution green component of the same image size as the non-green components (Allen; [0038]). As of claim 15, GRUNDMANN teaches the first light comprises a first monochrome light 512 (red light) [fig 5A] [0068], the second light comprises a second monochrome light 514 (green light) [fig 5A] [0068], and the third light comprises a third monochrome light 516 (blue light) [fig 5A] [0068]. As of claim 16, GRUNDMANN in view of Allen teaches the invention as cited above except for the light emitters of the first array are smaller in size than the light emitters of the second array and are smaller in size than the light emitters of the third array. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have the light emitters of the first array are smaller in size than the light emitters of the second array and are smaller in size than the light emitters of the third array as a design choice (Rearrangement of Parts; MPEP 2144.04 VI C) in order to get a high-resolution image. As of claim 20, GRUNDMANN teaches the video data [0039] comprises video data having a full resolution (1280×720) [0068]; and the first resolution 960×720 [0068] is lower than the full resolution (1280×720) [0068]. Allowable Subject Matter Claim 6-9, 17-19 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. As of claim 6, the closest prior art GRUNDMANN (US 2021/0159373 A1) teaches a near-eye display (NED) device 500 including a waveguide display 530 according to certain embodiments. NED device 500 may be an example of near-eye display 120, augmented reality system 400, or another type of display device. NED device 500 may include a light source 510, projection optics 520, and waveguide display 530. Light source 510 may include multiple panels of light emitters for different colors, such as a panel of red-light emitters 512, a panel of green light emitters 514, and a panel of blue light emitters 516. The red-light emitters 512 are organized into an array; the green light emitters 514 are organized into an array; and the blue light emitters 516 are organized into an array. The dimensions and pitches of light emitters in light source 510 may be small. For example, each light emitter may have a diameter less than 2 μm (e.g., about 1.2 μm) and the pitch may be less than 2 μm (e.g., about 1.5 μm). As such, the number of light emitters in each red-light emitters 512, green light emitters 514, and blue light emitters 516 can be equal to or greater than the number of pixels in a display image, such as 960×720, 1280×720, 1440×1080, 1920×1080, 2160×1080, or 2560×1080 pixels. Thus, a display image may be generated simultaneously by light source 510. A scanning element may not be used in NED device 500. Before reaching waveguide display 530, the light emitted by light source 510 may be conditioned by projection optics 520, which may include a lens array. Projection optics 520 may collimate or focus the light emitted by light source 510 to waveguide display 530, which may include a coupler 532 for coupling the light emitted by light source 510 into waveguide display 530. The light coupled into waveguide display 530 may propagate within waveguide display 530 through, for example, total internal reflection as described above with respect to FIG. 4. Coupler 532 may also couple portions of the light propagating within waveguide display 530 out of waveguide display 530 and towards user's eye 590. GRUNDMANN does not anticipate or render obvious, alone or in combination, a light emitter of the first array has a first single-emitter footprint corresponding to a first set of dimensions; a light emitter of the second array has a second single-emitter footprint corresponding to a second set of dimensions; and a light emitter of the third array has a third single-emitter footprint corresponding to a third set of dimensions, and wherein the first single-emitter footprint is smaller than the second single-emitter footprint and is smaller than the third single-emitter footprint. Claims 7-8 would be allowed as being dependent on claim 6. As of claim 9, the closest prior art GRUNDMANN (US 2021/0159373 A1) teaches a near-eye display (NED) device 500 including a waveguide display 530 according to certain embodiments. NED device 500 may be an example of near-eye display 120, augmented reality system 400, or another type of display device. NED device 500 may include a light source 510, projection optics 520, and waveguide display 530. Light source 510 may include multiple panels of light emitters for different colors, such as a panel of red-light emitters 512, a panel of green light emitters 514, and a panel of blue light emitters 516. The red-light emitters 512 are organized into an array; the green light emitters 514 are organized into an array; and the blue light emitters 516 are organized into an array. The dimensions and pitches of light emitters in light source 510 may be small. For example, each light emitter may have a diameter less than 2 μm (e.g., about 1.2 μm) and the pitch may be less than 2 μm (e.g., about 1.5 μm). As such, the number of light emitters in each red-light emitters 512, green light emitters 514, and blue light emitters 516 can be equal to or greater than the number of pixels in a display image, such as 960×720, 1280×720, 1440×1080, 1920×1080, 2160×1080, or 2560×1080 pixels. Thus, a display image may be generated simultaneously by light source 510. A scanning element may not be used in NED device 500. Before reaching waveguide display 530, the light emitted by light source 510 may be conditioned by projection optics 520, which may include a lens array. Projection optics 520 may collimate or focus the light emitted by light source 510 to waveguide display 530, which may include a coupler 532 for coupling the light emitted by light source 510 into waveguide display 530. The light coupled into waveguide display 530 may propagate within waveguide display 530 through, for example, total internal reflection as described above with respect to FIG. 4. Coupler 532 may also couple portions of the light propagating within waveguide display 530 out of waveguide display 530 and towards user's eye 590. GRUNDMANN does not anticipate or render obvious, alone or in combination, downsampling the video data to the second resolution; and downsampling the video data to the third resolution. As of claim 17, the closest prior art GRUNDMANN (US 2021/0159373 A1) teaches a near-eye display (NED) device 500 including a waveguide display 530 according to certain embodiments. NED device 500 may be an example of near-eye display 120, augmented reality system 400, or another type of display device. NED device 500 may include a light source 510, projection optics 520, and waveguide display 530. Light source 510 may include multiple panels of light emitters for different colors, such as a panel of red-light emitters 512, a panel of green light emitters 514, and a panel of blue light emitters 516. The red-light emitters 512 are organized into an array; the green light emitters 514 are organized into an array; and the blue light emitters 516 are organized into an array. The dimensions and pitches of light emitters in light source 510 may be small. For example, each light emitter may have a diameter less than 2 μm (e.g., about 1.2 μm) and the pitch may be less than 2 μm (e.g., about 1.5 μm). As such, the number of light emitters in each red-light emitters 512, green light emitters 514, and blue light emitters 516 can be equal to or greater than the number of pixels in a display image, such as 960×720, 1280×720, 1440×1080, 1920×1080, 2160×1080, or 2560×1080 pixels. Thus, a display image may be generated simultaneously by light source 510. A scanning element may not be used in NED device 500. Before reaching waveguide display 530, the light emitted by light source 510 may be conditioned by projection optics 520, which may include a lens array. Projection optics 520 may collimate or focus the light emitted by light source 510 to waveguide display 530, which may include a coupler 532 for coupling the light emitted by light source 510 into waveguide display 530. The light coupled into waveguide display 530 may propagate within waveguide display 530 through, for example, total internal reflection as described above with respect to FIG. 4. Coupler 532 may also couple portions of the light propagating within waveguide display 530 out of waveguide display 530 and towards user's eye 590. GRUNDMANN does not anticipate or render obvious, alone or in combination, a light emitter of the first array has a first single-emitter footprint corresponding to a first set of dimensions; a light emitter of the second array has a second single-emitter footprint corresponding to a second set of dimensions; and a light emitter of the third array has a third single-emitter footprint corresponding to a third set of dimensions, and wherein the first single-emitter footprint is smaller than the second single-emitter footprint and is smaller than the third single-emitter footprint. Claim 18 would be allowed as being dependent on claim 17. As of claim 19, the closest prior art GRUNDMANN (US 2021/0159373 A1) teaches a near-eye display (NED) device 500 including a waveguide display 530 according to certain embodiments. NED device 500 may be an example of near-eye display 120, augmented reality system 400, or another type of display device. NED device 500 may include a light source 510, projection optics 520, and waveguide display 530. Light source 510 may include multiple panels of light emitters for different colors, such as a panel of red-light emitters 512, a panel of green light emitters 514, and a panel of blue light emitters 516. The red-light emitters 512 are organized into an array; the green light emitters 514 are organized into an array; and the blue light emitters 516 are organized into an array. The dimensions and pitches of light emitters in light source 510 may be small. For example, each light emitter may have a diameter less than 2 μm (e.g., about 1.2 μm) and the pitch may be less than 2 μm (e.g., about 1.5 μm). As such, the number of light emitters in each red-light emitters 512, green light emitters 514, and blue light emitters 516 can be equal to or greater than the number of pixels in a display image, such as 960×720, 1280×720, 1440×1080, 1920×1080, 2160×1080, or 2560×1080 pixels. Thus, a display image may be generated simultaneously by light source 510. A scanning element may not be used in NED device 500. Before reaching waveguide display 530, the light emitted by light source 510 may be conditioned by projection optics 520, which may include a lens array. Projection optics 520 may collimate or focus the light emitted by light source 510 to waveguide display 530, which may include a coupler 532 for coupling the light emitted by light source 510 into waveguide display 530. The light coupled into waveguide display 530 may propagate within waveguide display 530 through, for example, total internal reflection as described above with respect to FIG. 4. Coupler 532 may also couple portions of the light propagating within waveguide display 530 out of waveguide display 530 and towards user's eye 590. GRUNDMANN does not anticipate or render obvious, alone or in combination, downsampling the video data to the second resolution; and downsampling the video data to the third resolution. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: - Prior Art HARAGUCHI et al. (US 20160286183 A1) teaches a light source, an optical modulator element, a projection lens, a pixel shift element, and a controller. The optical modulator element modulates incident light from the light source with a input signal. The projection lens magnifies and projects the outgoing light from the optical modulator element. The pixel shift element is disposed between the optical modulator element and the projection lens, and displaces an optical path of the outgoing light from the optical modulator element for shifting a display position of a pixel to be displayed on a screen in a given cycle between a first position and a second position away from the first position by a predetermined distance. The controller controls the pixel shift element such that the pixel shifts between the first position and the second position in either one of a first mode at a shift speed or a second mode at another second shift speed; - Prior Art EGAWA (US 20150163464 A1) teaches a pixel array unit includes a matrix of first and second two-pixel green photoelectric conversion layers that are arranged obliquely with respect to a column direction, a two-pixel blue photoelectric conversion that is arranged adjacent to the first and second green photoelectric conversion layers, and a red photoelectric conversion layer that overlaps the blue photoelectric conversion layer in a depth direction. A green filter that is provided consecutively for two pixels on the first and second green photoelectric conversion layers, and a magenta filter or a white filter is provided consecutively for two pixels on the blue photoelectric conversion layer. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SULTAN U. CHOWDHURY whose telephone number is (571)270-3336. The examiner can normally be reached on 5:30 AM-5:30 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minh-Toan Ton can be reached on 571-272-2303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SULTAN CHOWDHURY/ Primary Examiner, Art Unit 2882
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Prosecution Timeline

Sep 27, 2024
Application Filed
Jun 18, 2026
Non-Final Rejection mailed — §103 (current)

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Expected OA Rounds
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