Prosecution Insights
Last updated: August 17, 2026
Application No. 18/934,225

HEAD MOUNTABLE DISPLAY

Non-Final OA §103§112
Filed
Oct 31, 2024
Priority
May 15, 2023 — provisional 63/502,408 +3 more
Examiner
DAVIS, DAVID DONALD
Art Unit
2627
Tech Center
2600 — Communications
Assignee
Apple Inc.
OA Round
2 (Non-Final)
70%
Grant Probability
Favorable
2-3
OA Rounds
1y 3m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
646 granted / 919 resolved
+8.3% vs TC avg
Moderate +9% lift
Without
With
+9.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
34 currently pending
Career history
952
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
42.4%
+2.4% vs TC avg
§102
39.8%
-0.2% vs TC avg
§112
11.4%
-28.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 919 resolved cases

Office Action

§103 §112
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 . The indicated allowability of claims 1-8 and 16-20 is withdrawn in view of the newly discovered reference to Imoto et al (US 2016/0018655). Rejections based on the newly cited reference(s) follow. Information Disclosure Statement The information disclosure statement (IDS) submitted on April 23, 2026 has been considered by the examiner. Claim Rejections - 35 USC § 112 Claims 1-8 are 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. Specifically in the penultimate line of claim 1, “the curved display” is indefinite because it lacks antecedent basis. In line 2 of claim 2, “the display screen” is indefinite because it lacks antecedent basis. 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. 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 1-3 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Imoto et al (US 2016/0018655) in view of Shearman (US 2016/0037849). As per claim 1 IMOTO et al depicts in figures 9-14 and discloses, insofar as the claims are definite and understood: A head-mountable display device 20, comprising: a housing 210 defining a front a curved display screen 250/315/610 disposed in the front { [0152] For example, the outer presentation unit 250 has a display screen for displaying user response information on the display screen in various forms such as images, text, graphs, and tables, thereby visually presenting the information to the outside of the user.}; a display assembly 130/313a/313b/510 disposed in the rear { [0185] In FIGS. 13 and 14, a state in which the display screen of the inner notification unit 130 shown in FIG. 9 changes in order is illustrated on the left side of the drawing, and a state in which the display screen of the outer presentation unit 250 changes in order corresponding to the change of the display screen of the inner notification unit 130 is illustrated on the right side of the drawing. In addition, as a specific example, FIG. 13 illustrates the case illustrated in FIG. 4A, i.e., the case in which the display of the display screen 510 and output from the audio output device of the inner notification unit 130 are switched from the content image 520 and the content sound to the outside image 530 and an outside sound.}; wherein the curved display 250/315/610 is configured to project a representation of the user's eyes {[0182] Referring to FIG. 11, the pattern resembling the eyes of the user is displayed on the display screen 610 facing the outside of the non-see-through HMD device 20}. Regarding claim 1 IMOTO et al is silent as to: an opening front or rear. With respect to claim 1 Shearman et al discloses: front opening 112 and rear opening 111 {figure 1-3 &5}. It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable display device of IMOTO et al with a front and rear opening as taught by Shearman et al. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a front and rear opening to provide an integrated front and rear display assembly thereby simplifying the manufacturing and assembly process. As per claim 2 IMOTO et al depicts in figures 9-14 and discloses, insofar as the claims are definite and understood: The head-mountable display device 20 of claim 1, wherein: the display screen 250/315/610 is a first display screen { [0152] For example, the outer presentation unit 250 has a display screen for displaying user response information on the display screen in various forms such as images, text, graphs, and tables, thereby visually presenting the information to the outside of the user. [0182] Referring to FIG. 11, the pattern resembling the eyes of the user is displayed on the display screen 610 facing the outside of the non-see-through HMD device 20}; the display assembly 130/313a/313b/510 is a first display assembly comprising a second display screen 313a {[0149] Notifying the user of information may include notifying the user of the information visually by displaying the information on the display screens of the inner display units 313a and 313b as an image or auditorily by outputting the information from the audio output unit as a sound.}; and the head-mountable display device 20 further comprises a second display assembly disposed in the rear third display screen 313b {[0149] Notifying the user of information may include notifying the user of the information visually by displaying the information on the display screens of the inner display units 313a and 313b as an image or auditorily by outputting the information from the audio output unit as a sound.}. As per claim 3 IMOTO et al depicts in figures 9-14 and discloses, insofar as the claims are definite and understood: The head-mountable display device 20 of claim 2, further comprising: a first camera 311 {figure 8a} disposed adjacent the first display screen 250/315/610; and a second display screen 313a. Regarding claim 3 IMOTO et al is silent as to: a second camera. With respect to claim 3 Shearman et al discloses: a second camera 150. It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable display device of IMOTO et al with a second camera as taught by Shearman et al. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a second camera to get a second or different view or perspective or to aid in the sensing of real-world objects. As per claim 5 IMOTO et al depicts in figures 9-14 and discloses, insofar as the claims are definite and understood: The head-mountable display device 20 of claim 1 further comprising a speaker {[0148] In addition, although not illustrated in FIGS. 8A and 8B, the non-see-through HMD device 20 may have an audio output unit such as a speaker device that auditorily presents various types of information to the outside.}. As per claim 6 IMOTO et al depicts in figures 9-14 and discloses, insofar as the claims are definite and understood: The head-mountable display device 20 of claim 1, wherein the display screen 250/315/610 has a curvature {figures 8a & 10-14}. As per claim 7 IMOTO et al depicts in figures 9-14 and discloses, insofar as the claims are definite and understood: The head-mountable display device 20 of claim 6, wherein the curvature follows contours of a user's face {figures 10-14}. As per claim 8 IMOTO et al depicts in figures 9-14 and discloses, insofar as the claims are definite and understood: The head-mountable display device 20 of claim 1, further comprising a computing component electrically connected to the curved display screen 250/315/610 and the display assembly 130/313a/313b/510 {[0218] It should be noted that a computer program for realizing the functions of the non-see-through HMD devices 10 and 20 according to the first and second embodiments as described above can be produced and installed in a personal computer or the like.}. Claims 16 are rejected under 35 U.S.C. 103 as being unpatentable over Shearman (US 2016/0037849) in view of Imoto et al (US 2016/0018655). As per claim 16 Shearman et al discloses: A head-mountable electronic device 100, comprising: a housing 110 defining an internal volume 111 and a front opening 112 {figures 1-3 & 5}; a front cover 130 including a curved front display screen disposed in the front opening 112 and configured to a display assembly 140/160 disposed in the internal volume 111 and configured to project a second light in a second direction towards a user's eyes opposite the first direction {figures 3 & 6-7}. Regarding claim 16 Shearman et al is silent as to: projecting a first light in a first direction. With respect to claim 16 Imoto et al discloses: a front cover 250/315/610 configured to project a first light in a first direction {figures 8a & 10-14}. It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable device of Shearman et al with a front cover configured to project a first light in a first direction as taught by Imoto et al The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a head-mountable device with a front cover configured to project a first light in a first direction so that “the outside information is information indicating that an outside person has approached the user, the outside person who has approached can recognize that the user is not yet paying attention to him or her, and thus can notify the user of outside information indicating that he or she wants to communicate with the user by reacting in another way, for example, making a specific gesture to the user.” See [0178] of Imoto et al. Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shearman et al (US 2016/0037849) as modified by Imoto et al (US 2016/0018655) as applied to claim 16 above, and further in view of Edwards et al (US 10,502,363). Regarding claim 17 Shearman et al as modified by Imoto et al is silent as to: The head-mountable electronic device 100 of claim 16, further comprising a securement mechanism extending rearward from the housing 110, the securement mechanism comprising: a first electronic strap including a first proximal end coupled to the housing 110 and a first distal end opposite the first proximal end; a second electronic strap including a second proximal end coupled to the housing 110 and a second distal end opposite the second proximal end; a first band including: a first end coupled to the first distal end; and a second end coupled to the second distal end; and a second band extending between the first electronic strap and the second electronic strap. Regarding claim 18 Shearman et al as modified by Imoto et al is silent as to: The head-mountable electronic device 100 of claim 17, wherein: the second band includes: a first end coupled to the first electronic strap between the first proximal end and the first distal end; and a second end coupled to the second electronic strap between the second proximal end and the second distal end; the first electronic strap and the second electronic strap comprise plastic material; and the first band and the second band include flexible material. Regarding claim 19 Shearman et al as modified by Imoto et al is silent as to: The head-mountable electronic device 100 of claim 18, wherein the flexible material includes a woven textile material. Regarding 20 Shearman et al as modified by Imoto et al is silent as to: The head-mountable electronic device 100 of claim 17, wherein the first electronic strap defines an internal strap volume and includes an electronic component disposed in the internal strap volume. With respect to claim 17 Edwards et al discloses: The head-mountable electronic device of claim 16, further comprising a securement mechanism extending rearward from the housing 9, the securement mechanism comprising: a first electronic strap 12 including a first proximal end coupled to the housing 9 and a first distal end opposite the first proximal end; a second electronic strap 12 including a second proximal end coupled to the housing 9 and a second distal end opposite the second proximal end; a first band 16-20 including: a first end coupled to the first distal end; and a second end coupled to the second distal end; and a second band 15 extending between the first electronic strap 12 and the second electronic strap 12 {figure 1C}. With respect to claim 18 Edwards et al discloses: The head-mountable electronic device of claim 17, wherein: the second band 15 includes: a first end coupled to the first electronic strap 12 between the first proximal end and the first distal end; and a second end coupled to the second electronic strap 12 between the second proximal end and the second distal end {figure 1C}; the first electronic strap 12 and the second electronic strap 12 comprise plastic material { [column 6, lines 16-19] Additionally, and/or alternatively, the straps may be made of a plastics material and/or polypropylene and may also incorporate a variety of elastomers for flexibility.}; and the first band and the second band 15 include flexible material { [column 6, lines 11-13] The materials of the straps are such that the straps have some flexibility but are also rigid to effectively distribute weight along a length of the strap.}. With respect to claim 19 Edwards et al discloses The head-mountable electronic device of claim 18, wherein the flexible material includes a woven textile material. { [column 6, lines 19-25] Further, the straps may be formed using a single mold even when forming the straps with nylon or other material. In this way, the entire strap has continuity and enhanced structural integrity along its length, which is also aids in the effective distribution of weight. However, it shall be noted that each of the straps may be formed in parts and later combined to from a single strand. Note: nylon is seen to be woven textile material} With respect to claim 20 Edwards et al discloses: The head-mountable electronic device of claim 17, wherein the first electronic strap 12 defines an internal strap volume and includes an electronic component disposed in the internal strap volume. {figure 9 & [column 17, line 59 through column 18, line 6] Accordingly, in a preferred embodiment of the present application, haptic feedback devices 28 are additionally provided to the head mounted display 100 together with additional auditory feedback devices. In such embodiments, the haptic feedback devices 28 and auditory feedback devices are provided separately and independent of the mobile computing device 200. For instance, haptic (e.g., tactile transducers, touch simulators, and other similar devices that apply forces, vibrations, or motions to user) and auditory feedback (e.g., sound producing machines, headphones, earphones, etc.) devices may be integrally provided at different segments of the head mounted display, other than segment including the mobile computing device 200, that effectively surround different portions of the end user's head.} It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to provide the head-mountable device of Shearman et al as modified by Imoto et al with a securement mechanism including straps, band and electronic components in the internal strap volume as taught by Edwards et al. The rationale is as follows: one of ordinary skill in the art at the time the invention was effectively filed would have been motivated to provide a head-mountable device with a securement mechanism including straps, band and electronic components in the internal strap volume so as to effectively and securely attach a head-mountable device to a user head. Allowable Subject Matter Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Claims 9-15 are allowed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID D DAVIS whose telephone number is (571)272-7572. The examiner can normally be reached Monday - Friday, 8 a.m. - 4 p.m.. 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, Ke Xiao can be reached at 571-272-7776. 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. /DAVID D DAVIS/Primary Examiner, Art Unit 2627 DDD
Read full office action

Prosecution Timeline

Oct 31, 2024
Application Filed
Jan 23, 2025
Response after Non-Final Action
Oct 31, 2025
Non-Final Rejection mailed — §103, §112
Jan 07, 2026
Examiner Interview Summary
Jan 07, 2026
Applicant Interview (Telephonic)
Jan 09, 2026
Response Filed
Jul 17, 2026
Non-Final Rejection mailed — §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

2-3
Expected OA Rounds
70%
Grant Probability
80%
With Interview (+9.3%)
3y 0m (~1y 3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 919 resolved cases by this examiner. Grant probability derived from career allowance rate.

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