Prosecution Insights
Last updated: May 29, 2026
Application No. 18/927,845

EYE DETECTION APPARATUS AND ELECTRONIC DEVICE

Non-Final OA §103
Filed
Oct 25, 2024
Priority
Dec 28, 2023 — CN 202311843330.2
Examiner
DHILLON, PUNEET S
Art Unit
2488
Tech Center
2400 — Computer Networks
Assignee
Lemon Inc.
OA Round
2 (Non-Final)
82%
Grant Probability
Favorable
2-3
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
234 granted / 285 resolved
+24.1% vs TC avg
Strong +19% interview lift
Without
With
+19.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
42 currently pending
Career history
325
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
80.7%
+40.7% vs TC avg
§102
5.0%
-35.0% vs TC avg
§112
10.5%
-29.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 285 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 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. Claims 1-2, 4-7, 12-18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Iseringhausen et al., hereinafter referred to as Iseringhausen (US 2019/0101978 A1) in view of Wu et al., hereinafter referred to as Wu (US 2020/0133018 A1). As per claim 1, Iseringhausen discloses an eye detection apparatus (Iseringhausen: Abstract.), comprising: a transmitting-side assembly (light emitter 225 or 310) comprising a light source (includes one or more light sources) and a light modulation element (diffractive optical element (DOE)), wherein the light modulation element is configured to modulate light emitted by the light source to generate a patterned light beam for forming discrete light spots on an eye (Iseringhausen: Paras. [0003], [0026], [0028], [0030], [0036] disclose the DOE converts light from the one or more light sources into the dense structured light pattern 245, which is a pattern of a large number (e.g., 225 or more) of densely packed structured light features (e.g., a dots) that illuminate a portion of an eye.); and a receiving-side assembly (camera assembly) comprising a camera configured to acquire an eye image comprising an image of the discrete light spots (captures one or more images of the distorted illumination pattern) to create three-dimensional topographical information of the eye (Iseringhausen: Paras. [0004], [0036], [0044]-[0045] disclose the position estimation module 360 generates a 3D approximation of a surface of the eye to determine a distortion of the light caused by the shape of the eye's surface, attributes depth information and updates a 3D approximation of a portion of the eye using the one or more cameras.), However, Iseringhausen does not explicitly disclose “… wherein a side of the light modulation element facing away from the light source is provided with a transparent conductive layer and a pair of electrodes, one of the pair of electrodes is connected to an end of the transparent conductive layer, and the other of the pair of electrodes is connected to the other end of the transparent conductive layer.” Further, Wu is in the same field of endeavor and teaches wherein a side of the light modulation element (DOE) facing away from the light source is provided with a transparent conductive layer (110) and a pair of electrodes (120, 130), one of the pair of electrodes is connected to an end of the transparent conductive layer, and the other of the pair of electrodes is connected to the other end of the transparent conductive layer (Wu: Fig. 1B & Paras. [0030]-[0031], [0033] disclose a side of the DOE is provided with a transparent substrate 110 [transparent conductive layer] the first electrode 120 is disposed on the transparent substrate 110, and the second electrode 130 is disposed on the transparent substrate 110.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, and having the teachings of Iseringhausen and Wu before him or her, to modify the light modulation element facing away from the light source of Iseringhausen to include the transparent conductive layer connected pair of electrodes feature as described in Wu. The motivation for doing so would have been to improve safety and component integrity by providing a configuration that prevents the chances of light diverging from the intended path. As per claim 2, Iseringhausen-Wu disclose the eye detection apparatus of claim 1, wherein the light source comprises at least one of: a surface-emitting light source; an edge-emitting light source; or a plurality of sub-light sources (Iseringhausen: Para. [0026] discloses the structure light emitter 225 includes one or more light sources, e.g., a light emitted diode (LED), a micro LED, a laser diode, a tunable laser, etc.). As per claim 4, Iseringhausen-Wu disclose the eye detection apparatus of claim 1, wherein the light modulation element comprises a diffractive optical element configured to split the light emitted by the light source to generate the patterned light beam (Iseringhausen: Paras. [0028], [0030], disclose the DOE converts/splits light (via gratings) from the one or more light sources into the dense structured light pattern 245, which is a pattern of a large number (e.g., 225 or more) of densely packed structured light features (e.g., a dots) that illuminate a portion of an eye.). As per claim 5, Iseringhausen-Wu disclose the eye detection apparatus of claim 4, wherein the diffractive optical element comprises a grating structure having a predetermined period and depth (Iseringhausen: Para. [0028] discloses a DOE may be, e.g., one or more diffraction gratings.). As per claim 6, Iseringhausen-Wu disclose the eye detection apparatus of claim 5, wherein the grating structure is a one-dimensional grating structure or a two-dimensional grating structure (Iseringhausen: Paras. [0003], [0028] disclose a DOE may be, e.g., one or more diffraction gratings generating a dense structured light pattern, such as a 30x30 [two-dimensional grating structure] grid of dots.). As per claim 7, Iseringhausen-Wu disclose the eye detection apparatus of claim 4, wherein the diffractive optical element comprises one or more layers of diffractive structures (Iseringhausen: Para. [0028] discloses a DOE may be, e.g., one or more diffraction gratings.). As per claim 12, Iseringhausen-Wu disclose the eye detection apparatus of claim 1, wherein the transparent conductive layer comprises at least one of indium tin oxide or graphene (Wu: Para. [0031] discloses the transparent conductive layer comprises at least one of indium tin oxide or graphene.). As per claim 13, Iseringhausen-Wu disclose the eye detection apparatus of claim 1, wherein the transparent conductive layer is of a rectangular shape, the pair of electrodes are disposed at two corners of the transparent conductive layer, and the transparent conductive layer extends along a foldback path, a straight path or a wrap-around path between the pair of electrodes (Wu: Fig. 1B & Paras. [0030]-[0031] disclose wherein the transparent conductive layer is of a rectangular shape, the pair of electrodes are disposed at two corners of the transparent conductive layer, and the transparent conductive layer extends along a foldback path, a straight path or a wrap-around path between the pair of electrodes.). As per claim 14, Iseringhausen-Wu disclose disclose an electronic device, comprising the eye detection apparatus of claim 1 (Iseringhausen: Para. [0006] discloses a head-mounted display (HMD).). As per claim 15, Iseringhausen-Wu disclose the electronic device of claim 14, wherein the electronic device comprises a lens barrel (210) and a lens module (optical elements) disposed in the lens barrel (Iseringhausen: Paras. [0020]-[0023] disclose the electronic device, HMD 100, comprising an optics block 210 corresponding to the claimed lens barrel, which includes one or more optical elements corresponding to the claimed lens module.), wherein the transmitting-side assembly is disposed in the lens barrel or outside the lens barrel (Iseringhausen: Para. [0029] discloses that the structured light emitter 225, corresponding to the transmitting-side assembly, may be part of the optics block 210 or located between the optics block 210 and the electronic display element 205, therefore, the assembly is disposed in or outside the lens barrel.), and the receiving-side assembly is disposed in the lens barrel or outside the lens barrel (Iseringhausen: Para. [0025] discloses camera 230 corresponding to the receiving-side assembly, is part of the eye tracking system 215 and is disposed in the front rigid body 105, which is outside the optics block 210/lens barrel.). As per claim 16, Iseringhausen-Wu disclose the electronic device of claim 15, wherein the transmitting-side assembly is disposed in the lens barrel (Iseringhausen: Para. [0029] discloses some or all of the structured light emitter 225 may be part of the optics block 210.), the electronic device further comprises a photoelectric detector disposed in the lens barrel and configured to detect an optical signal reflected by the lens module, wherein when the intensity of the optical signal is greater than a predetermined threshold, an output power of the light source is reduced or the light source is turned off (Iseringhausen: Paras. [0004], [0038], [0043] disclose the camera assembly 320 includes one or more cameras with an array (1D or 2D) of photodiodes, a charge coupled display (CCD) array, some other device capable of detecting some or all of the dense structured light pattern, or some combination thereof and component control module 350 can determine one or more emission parameters to ensure that the power of the dense structured light pattern is within eye safety thresholds, therefore an output power of the light source is reduced.). As per claim 17, Iseringhausen-Wu disclose the electronic device of claim 16, wherein the photoelectric detector is disposed on a side of the lens module close to the transmitting-side assembly or between different units of different lens modules (Iseringhausen: Fig. 2 & Paras. [0019], [0029] disclose the emitter is located between the optics block 210 and the eye 220 (disposed on a side of the lens module). Additionally, the camera [photoelectric detector] is configured to capture reflections of the patterns from the emitter, indicating it is disposed close to the transmitting-side assembly within the system.). As per claim 18, Iseringhausen-Wu disclose the electronic device of claim 15, wherein the transmitting-side assembly is disposed in the lens barrel (Iseringhausen: Paras. [0023], [0029] disclose some or all of the structured light emitter 225 may be part of the optics block 210, or may be located between the optics block 210 and the electronic display element 205.), and a first field of view of the patterned light beam emitted by the transmitting-side assembly before reaching the lens module is smaller than a second field of view of the patterned light beam after passing through the lens module (Iseringhausen: Paras. [0023], [0029] disclose the field of view of the light emitted [the first field of view] is increased after passing through the lens module [the second field of view] because the emitter is located behind or within the optics block and the optics block increases the field of view via magnification.). As per claim 20, Iseringhausen-Wu disclose the electronic device of claim 15, wherein the lens module comprises at least one of a Fresnel lens, a spherical lens group, a non-spherical lens group, or a folded mirror group (Iseringhausen: Para. [0022] discloses the optics block 210 includes one or more optical elements and/or combinations of different optical elements. For example, an optical element is an aperture, a Fresnel lens.). Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Iseringhausen in view of Wu in further view of Dülk et al., hereinafter referred to as Dülk (US 2020/0192017 A1). As per claim 3, Iseringhausen-Wu disclose the eye detection apparatus of claim 1 (Iseringhausen: Abstract.), However, Iseringhausen-Wu do not explicitly disclose “… wherein the transmitting-side assembly comprises a power detection element configured to detect an output power of the light source.”. Further, Dülk is in the same field of endeavor and teaches wherein the transmitting-side assembly comprises a power detection element configured to detect an output power of the light source (Dülk: Paras. [0058], [0069] disclose a power monitor 52 or individual power monitors configured to measure the power of the combined beam and detect output power from each SLED for feedback and safety compliance.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, and having the teachings of Iseringhausen-Wu and Dülk before him or her, to modify the optical system of Iseringhausen-Wu to include the power detection element feature as described in Dülk. The motivation for doing so would have been to improve safety regulation by providing a configuration that enables feedback control loops that maintain consistent optical output power despite temperature fluctuations or component aging. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Iseringhausen in view of Wu in further view of Yoshimura et al., hereinafter referred to as Yoshimura (US 2007/0164308 A1). As per claim 8, Iseringhausen-Wu disclose the eye detection apparatus of claim 1, wherein the light modulation element is integrated (Iseringhausen: Paras. [0028]-[0029] disclose a structured light emitter comprising a light source and a diffractive optical element serving as a light modulation element.). However, Iseringhausen-Wu do not explicitly disclose “… the light modulation element is integrated on a light-emitting surface of the light source.”. Further, Yoshimura is in the same field of endeavor and teaches the light modulation element is integrated on a light-emitting surface of the light source (Yoshimura: Paras. [0041], [0080] disclose a semiconductor light emitting device, wherein an optical modulation layer (e.g., a phosphor layer) is formed on the surface of light emitting element or arranged to cover the top surface of the light emitting element, and therefore optical elements are integrated directly on the light-emitting surface of the light source.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, and having the teachings of Iseringhausen-Wu and Yoshimura before him or her, to modify the light emitter of Iseringhausen-Wu to include the integrating of the light modulation element on the light-emitting surface of the light source feature as described in Yoshimura. The motivation for doing so would have been to improve mechanical alignment between the light source and the modulation element without the need for complex external support structures by providing a configuration that reduces the overall size of the device. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Iseringhausen in view of Wu in further view of Rubin et al., hereinafter referred to as Rubin (US 2024/0210246 A1). As per claim 9, Iseringhausen-Wu disclose the eye detection apparatus of claim 1 (Iseringhausen: Abstract.), However, Iseringhausen does not explicitly disclose “… wherein the light modulation element comprises a metalens.”. Further, Rubin is in the same field of endeavor and teaches wherein the light modulation element comprises a metalens (Yoshimura: Paras. [0003], [0040]-[0041], [0080] disclose optical elements used to manipulate light, noting that metasurfaces are optical elements suitable for micro applications and that a metasurface may be a specific metasurface such as a metalens.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, and having the teachings of Iseringhausen-Wu and Rubin before him or her, to modify the light modulation element of Iseringhausen-Wu to include the metalens feature as described in Rubin. The motivation for doing so would have been to improve facilitation of phase control, amplitude and polarization of a transmitted wavefront by providing a configuration that can manipulate incident light efficiently. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Iseringhausen in view of Wu in further view Lee et al., hereinafter referred to as Lee (US 2020/0257958 A1). As per claim 10, Iseringhausen-Wu disclose the eye detection apparatus of claim 1 (Iseringhausen: Abstract.), Further, Iseringhausen discloses wherein the transmitting-side assembly further comprises: a lens, the light source and the light modulation element (Iseringhausen: Fig. 2 & [0028].). However, Iseringhausen-Wu do not explicitly disclose “… a collimating lens disposed between the light source and the light modulation element and configured to collimate the light emitted by the light source and direct the collimated light onto the light modulation element.” Further, Lee is in the same field of endeavor and teaches a collimating lens (167) disposed between the light source (165) and the light modulation element (161) and configured to collimate the light emitted by the light source and direct the collimated light onto the light modulation element (Lee: Para. [0065] discloses a collimating lens 167 which changes the reference light into parallel light may be further disposed between the reference light source 165 and the beam splitter 161.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, and having the teachings of Iseringhausen-Wu and Lee before him or her, to modify the optical system of Iseringhausen-Wu to include the collimating light feature as described in Lee. The motivation for doing so would have been to improve optical efficiency of the system and the accuracy of the resulting structured light pattern projected onto the eye by ensuring the light emitted by the source is properly adjusted before striking the light modulation optical element. Claim 19 is rejected under 35 U.S.C. § 103 as being unpatentable over Iseringhausen in view of Wu in further view of Tsai et al., hereinafter referred to as Tsai (US 2022/0229269 A1) in further view of Järvenpää et al., hereinafter referred to as Järvenpää (US 2011/0019874 A1). As per claim 19, Iseringhausen-Wu disclose the electronic device of claim 15, wherein the transmitting-side assembly (Iseringhausen: Para. [0029] discloses that the structured light emitter 225, corresponding to the transmitting-side assembly, may be part of the optics block 210 or located between the optics block 210 and the electronic display element 205, therefore, the assembly could be disposed in or outside the lens barrel.). However, Iseringhausen-Wu do not explicitly disclose “… wherein the transmitting-side assembly is disposed in the lens barrel, a part of the patterned light beam emitted by the transmitting-side assembly directly penetrates through the lens module to irradiate the eye, Further, Tsai is in the same field of endeavor and teaches wherein the light modulation element comprises a metalens (Tsai: Para. [0024] discloses lens barrel 126, configured to accommodate a plurality of optical lenses.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, and having the teachings of Iseringhausen-Wu and Tsai before him or her, to modify the light modulation element of Iseringhausen-Wu to include the transmitting-side assembly disposed in lens barrel feature as described in Tsai. The motivation for doing so would have been to improve precise optical alignment of the lenses and the transmitting-side assembly while protecting the internal components from environmental contaminants, by providing a stable mechanical support structure configuration. However, Iseringhausen-Wu-Tsai do not explicitly disclose “… another part of the patterned light beam irradiates the eye after undergoing a foldback propagation in the lens module.” Furthermore, Järvenpää is in the same field of endeavor and teaches another part of the patterned light beam irradiates the eye after undergoing a foldback propagation in the lens module (Järvenpää: Paras. [0124]-[0125], [0131] disclose beams transmitted through the substrate 7 [directly penetrates] and beams propagating within the substrate 7 are confined to the substrate 7 by total internal reflections [foldback propagation]. The beams are directed to irradiate the eye by impinging on the corneal surface of the eye.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, and having the teachings of Iseringhausen-Wu-Tsai and Järvenpää before him or her, to modify the optical system of Iseringhausen-Wu-Tsai to include the foldback propagation feature as described in Järvenpää. The motivation for doing so would have been to improve efficient light guiding during eye tracking by providing a configuration that can direct light to the eye from multiple angles or exit points without increasing the physical thickness of the lens module. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be viewed in the list of references. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PEET DHILLON whose telephone number is (571)270-5647. The examiner can normally be reached M-F: 5am-1:30pm. 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, Sath V. Perungavoor can be reached at 571-272-7455. 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. /PEET DHILLON/Primary Examiner Art Unit: 2488 Date: 04-17-2026
Read full office action

Prosecution Timeline

Oct 25, 2024
Application Filed
May 21, 2025
Response after Non-Final Action
Dec 16, 2025
Non-Final Rejection mailed — §103
Mar 16, 2026
Response Filed
Apr 13, 2026
Examiner Interview (Telephonic)
Apr 21, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+19.0%)
2y 3m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 285 resolved cases by this examiner. Grant probability derived from career allowance rate.

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