Prosecution Insights
Last updated: October 25, 2026
Application No. 18/952,901

Multi-Mode Display with Environmental Condition Based Adjustment

Non-Final OA §103
Filed
Nov 19, 2024
Priority
Apr 05, 2022 — provisional 63/362,519 +1 more
Examiner
XIAO, KE
Art Unit
2627
Tech Center
2600 — Communications
Assignee
Avegant Corp.
OA Round
3 (Non-Final)
36%
Grant Probability
At Risk
3-4
OA Rounds
2y 6m
Est. Remaining
64%
With Interview

Examiner Intelligence

Grants only 36% of cases
36%
Career Allowance Rate
56 granted / 156 resolved
-26.1% vs TC avg
Strong +28% interview lift
Without
With
+28.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 5m
Avg Prosecution
6 currently pending
Career history
169
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
60.1%
+20.1% vs TC avg
§102
27.9%
-12.1% vs TC avg
§112
8.4%
-31.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 156 resolved cases

Office Action

§103
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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 1-3, 7-21 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 20160155242 – Bean) in view of U.S. Patent No. 9087471 – Miao) in further view of Shin (US 20060285136 A1). Regarding claim 1, Bean teaches an augmented reality display (Bean: Fig. 4, abstract, and para 0014-0025, augmented reality system 12 on the overlay display 16) comprising: an environmental background analyzer to determine environmental conditions (Bean: Figs. 1-2 and para 0015-0020, the color of the real-world background is analyzed and reviewed in order to determine how to color the overlay display); and one or more light sources used to display augmented reality content to a user with the display (Bean: Figs. 1-2, and 6 and para 0017-0030, an overlay display 16, which is arranged to overlay an output on a background, a camera 18, which is arranged to detect the background, and the processor 30, which is connected to the overlay display 16. As such, a display operating in multiple output configurations/format based upon environmental inputs). Bean does not explicitly teach a multi-mode display; a mode selector to select one of a plurality of modes based on the environmental conditions, each of the modes having a different light configuration, one or more light sources controlled by the mode selector. Miao teaches a multi-mode display (Miao: abstract and Figs. 1-3 and related descriptions, different brightness settings in display is shown. The adaptive brightness control feature adjusts the display brightness of CGI light 135 in real-time based upon the brightness of the ambient environment.); a mode selector to select one of a plurality of modes based on the environmental conditions (Miao: abstract and Figs. 1-3, different brightness settings in display. The adaptive brightness control feature adjusts the display brightness of CGI light 135 in real-time based upon the brightness of the ambient environment.), each of the modes having a different light configuration, one or more light sources controlled by the mode selector (Miao: abstract and Figs. 1-3 and related paragraphs, the controller 155 controls illumination power source 205 to drive the LED backlight of display source 140 that produces CGI light 135.) They are analogous art because they deal with the same field of invention of a display device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bean in view of the teachings of Miao so as to optimize the contrast and brightness of the same AR overlay under changing conditions and to improve the overlay visibility under changing ambient light and power limit. Bean in view of Miao does not explicitly teach, however Shin teaches: one or more light sources comprising red, green, and blue light sources (Shin, Figs. 1 and 3 gamut is selected as a ‘mode’ dependent on the input and physical display characteristics, if the input has narrow color gamut/space then the lights are adjusted as needed), wherein in the reduced color space mode alters an on-off timing of one or more of the red, green, and blue light sources (Shin, Figs, 5A and 5B, specifically the on-off timing of the individually colored light sources are changed per the color gamut/space that is required either narrow or wide color gamut/space, exemplified by W1, W2, W3). It would have been obvious to one of ordinary skill in the art, to add the dynamic color gamut/space adjustments of Shin to the systems of Bean in view of Miao in order to better accommodate different inputs and display qualities. Regarding claim 2, the combination teaches wherein the mode selector comprises a user interface configured to enable a user to select the mode (Bean: AR and analyzer as discussed above; Miao: Fig. 2, user interface 215 using touch interface 160; Shin, Fig. 5A, RGBW light sources and adjustments). Regarding claim 3, the combination teaches wherein the mode selector comprises: an ambient light sensor to determine ambient light level (Miao: Fig. 2 and related descriptions, 145, and 155); and wherein the environmental conditions (Miao: Fig. 2, camera and scenes) include the ambient light level (Miao: Fig. 2 and related descriptions, 145, and 155). Regarding claim 7, the combination teaches wherein the mode selector comprises: an environmental background analyzer is configured to determine a color of a real-world scene over which an image will be displayed (Bean: Figs. 1-2 and related descriptions; Miao: Fig. 2 and related descriptions; Shin, Fig. 5A), the real- world scene comprising the environmental conditions (Bean: Figs. 1-2 and related descriptions; Miao: Fig. 2 and related descriptions; Shin, Fig. 5A). Regarding claim 8, the combination teaches wherein a first mode is a color sequential mode, enabling red, green, and blue light sources in sequence during a frame, and a second mode is an alternative mode (Miao: Fig. 2 and related descriptions; Shin, Fig. 5A and 5B both first and second modes can be considered both non sequential and sequential since light colors are displayed by subframe and also by full frame). Regarding claims 9-11, the combination teaches an alternative mode is a non-color sequential mode that comprises all three of the red, green, and blue light sources turned on concurrently to produce a white image (Shin, Fig. 5B, all RGB on at the same time), using a fourth light source (Shin, Fig. 5A, white), or using one of the red, green, and blue light sources (Shin, Fig. 5A, primary R or G or B light sources are turned on for their respective subframes whereas the other two are turn off for at least a majority of the subframe). Regarding claim 12, the combination teaches wherein the alternative mode comprises a color sequential mode using a reduced set of colors (Shin, Figs. 5A and 5B, backlight color display is limited during each subframe, secondary colors are turned completely off, thus reduced, during a majority of the subframe). Regarding claim 13, the combination teaches wherein a frame rate is different between the modes (Shin, Fig. 5A and 5B, frame rate of all secondary colors shift per subframe, sometimes for the full subframe, sometimes partial subframe, and sometimes double partial subframe, thereby the frame rates are adjusted as needed.) Regarding claim 14, the combination teaches wherein the mode is selected based on a content being presented (Miao: Miao: Figs. 2-3 and related descriptions, controller 155 selects operating mode, e.g., brightness, transparency for CGI light by controlling illumination power source 205 and display source 140; Shin, Figs. 5A and 5B) Regarding claim 15, the combination teaches wherein the mode is selected on a per-frame basis (Shin, Figs. 5A and 5B, per-field/per-frame/subframe color sequence control; Bean: scene per camera frame; Miao: real-time adjusting). Regarding claim 16, the combination teaches the one or more light sources comprising a light array including a plurality of LEDs, wherein the light array is configured to selectively illuminate a portion of a display, such that a first portion of the display has a different color spectrum than another portion of the display (Shin, Fig. 1, 4, 5A and 5B different portions satisfy the different sections of the gamut based on subframe data). Regarding claim 17, Bean teaches multi-mode display for augmented reality (Bean: Figs. 1-2 and related descriptions, augmented reality system 12 and overlay display 16), the multi-mode display comprising: an environmental background analyzer to determine environmental conditions (Bean: Figs. 1-2 and related descriptions, camera and processor background color analysis); an illumination source to provide a plurality of light sources (Bean: Figs. 1-2 and 6 and related descriptions). Bean does not explicitly teach a mode selection system to select a color sequence, based on the environmental conditions; an output to output modulated light to a user. However, Miao teaches a mode selection system to select a color sequence (Miao: abstract and Figs. 1-3 and related descriptions), based on the environmental conditions (Miao: abstract and Figs. 1-3 and related descriptions, different brightness settings in display is shown. The adaptive brightness control feature adjusts the display brightness of CGI light 135 in real-time based upon the brightness of the ambient environment.); an output to output modulated light to a user (Miao: eyepiece emits CGI to the eye and thus an output delivering modulated light to the user is shown). They are analogous art because they deal with the same field of invention of a display device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bean in view of the teachings of Miao so as to optimize the contrast and brightness of the same AR overlay under changing conditions and to improve the overlay visibility under changing ambient light and power limit. The combination does not explicitly teach wherein the color sequence includes a full spectrum display sequence and a reduced color space display sequence; the illumination source controlled by an output of the mode selection system; a combiner to combine light from the plurality of light sources; a spatial light modulator to receive the combined light from the combiner, the spatial light modulator to modulate the light. Shin teaches wherein the color sequence includes a full spectrum display sequence and a reduced color space display sequence (Shin, Figs. 1, 4, 5A, 5B); the illumination source controlled by an output of the mode selection system (Shin, Figs. 2 and 3); a combiner to combine light from the plurality of light sources (Shin, Fig. 5A and 5B RGBW light sources all combine); a spatial light modulator to receive the combined light from the combiner (Shin, Fig. 5A paragraph [0016]), the spatial light modulator to modulate the light (Shin, Figs. 5A and 5B). It would have been obvious to one of ordinary skill in the art, to add the dynamic color gamut/space adjustments of Shin to the systems of Bean in view of Miao in order to better accommodate different inputs and display qualities. Regarding claim 18, the combination teaches the mode selection system further to use data from one or more sensors to select the color sequence, wherein the one or more sensors comprise one or more of: an ambient light sensor (Miao: controller 155, ambient sensor 145, and power control and transparent layer; see also Bean: camera detection background color), a thermal sensor, an augmented reality background sensor, and a battery sensor. Regarding claim 19, the combination teaches wherein the mode is selected on a per-frame basis (Shin, Figs. 5A and 5B mode selection is based on the input signal which can change on a frame by frame basis down to the subframe). Regarding claim 20, this claim is similarly rejected on the same rationale as claim 17. Regarding claim 21, the combination further teaches wherein the on-off timing of the light sources comprises one of: turning off one or more of the light sources, changing a frame rate of one or more of the light sources (Shin, Fig. 5A, the secondary light sources per subframe have different on off timings with more off than on, further the number of pulses also changes thereby changing their frame rate per subframe) Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Bean, Miao, Shin in further view of Lynch et al. (U.S. Patent No. 9177503). Regarding claim 4, the combination teaches all of the limitations of claim 4, with the exception of the concept thermal sensors integrated across a display, configured to generate of a temperature map, and controller compensates/adjusts based on identifying a duration of operation above threshold temperatures and adjusts brightness/color based on the temperature. Lynch teaches the concept thermal sensors integrated across a display, configured to generate of a temperature map, and controller compensates/adjusts based on identifying a duration of operation above threshold temperatures and adjusts brightness/color based on the temperature (Lynch: abstract and Figs. 4-6 and Fig. 11 and related descriptions, see thermal sensors). They are analogous art because they deal with the same field of invention of a device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bean in view of the teachings of Lynch so as to decrease drive/power and mitigate temperature induced color/brightness parameters. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Bean, Miao, and Shin in further view of Kim et al. (U.S. Patent Pub. No. 2016/0247437). Regarding claim 5, the combination does not explicitly teach the concept of using a battery sensor to switch to a reduced-color (black and white) mode when battery level is low. Kim teaches the concept of using a battery sensor to switch to a reduced-color (black and white) mode when battery level is low (Kim: Figs. 4-8 and related descriptions, converting color UI to black and white in response to the battery charging level, e.g., threshold). They are analogous art because they deal with the same field of invention of a display device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bean, Miao, and Shin in view of the teachings of Kim so as to provide the improved electronic device that operates in a normal user mode or a power saving mode and, in the power saving mode, limit a maximum clock speed of a processor (for example, a Central Processing Unit (CPU), an Application Processor (AP), and the like) or reduce brightness of a display to reduce current consumption. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bean, Miao, and Shin in further view of Huang (U.S. Patent No. 7385881) in additionally view of Verney (U.S. Patent No. 4779942). Regarding claim 6, the combination does not explicitly teach a clock to determine a time of day. Huang teaches a clock to determine a time of day (Huang: Figs. 2-3 and related descriptions, clock circuit 16 is coupled to the microprocessor 11, and is operable so as to generate the time of day.). They are analogous art because they deal with the same field of invention of a display device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bean, Miao, and Shin in view of the teachings of Huang so as to provide a more efficient and better display system providing automatic day and night display modes selected using a clock (time of day). However, the combination does not explicitly teach mode selector to select a color space to preserve scotopic vision. Verney teaches mode selector to select a color space to preserve scotopic vision (Verney: abstract and Figs. 3-5 and related descriptions, the red light is filtered by a filter which transmits at least about 80% of the visible spectrum within a range up to about 640 nanometers in wavelength and inhibits the transmission of 99.9% of said red light above about 720 nanometers in wavelength on the electromagnetic spectrum within the spectral sensitivity of the night vision goggles.). They are analogous art because they deal with the same field of invention of a device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bean in view of the teachings of Verney so as to provide a more user-friendly and beneficial display select that mode at night to preserve vision. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ke Xiao whose telephone number is 571-272-7776. The examiner can normally be reached Mon – Fri from 6AM-2PM. 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. 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. /KE XIAO/SPE, Art Unit 2627
Read full office action

Prosecution Timeline

Nov 19, 2024
Application Filed
Sep 10, 2025
Non-Final Rejection mailed — §103
Dec 01, 2025
Response Filed
Apr 21, 2026
Final Rejection mailed — §103
Jun 23, 2026
Response after Non-Final Action
Aug 06, 2026
Request for Continued Examination
Aug 08, 2026
Response after Non-Final Action
Sep 04, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12770573
Display Circuitry with Complementary Low Power Driving Scheme
1y 8m to grant Granted Oct 20, 2026
Patent 12752195
SERVICE ACCESS METHOD, TERMINAL, AND SYSTEM
2y 8m to grant Granted Oct 06, 2026
Patent 12718721
DISPLAY MODULE AND INSPECTION METHOD OF THE SAME
3y 7m to grant Granted Aug 25, 2026
Patent 12717150
EXTENDED REALITY (XR) SYSTEM WITH BODY-CENTRIC POSE ESTIMATION USING ALTIMETER RELATIVE ELEVATION
1y 8m to grant Granted Aug 25, 2026
Patent 12693705
PIVOTING WEARABLE RECONFIGURABLE SCREEN
3y 0m to grant Granted Jul 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
36%
Grant Probability
64%
With Interview (+28.0%)
4y 5m (~2y 6m remaining)
Median Time to Grant
High
PTA Risk
Based on 156 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month