Prosecution Insights
Last updated: August 17, 2026
Application No. 18/960,851

DEPTH BASED FOVEATED RENDERING FOR DISPLAY SYSTEMS

Non-Final OA §101
Filed
Nov 26, 2024
Priority
Mar 16, 2018 — provisional 62/644,366 +3 more
Examiner
DEMETER, HILINA K
Art Unit
Tech Center
Assignee
Magic Leap Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
487 granted / 676 resolved
+12.0% vs TC avg
Strong +19% interview lift
Without
With
+19.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
19 currently pending
Career history
694
Total Applications
across all art units

Statute-Specific Performance

§101
10.1%
-29.9% vs TC avg
§103
63.8%
+23.8% vs TC avg
§102
13.2%
-26.8% vs TC avg
§112
6.1%
-33.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 676 resolved cases

Office Action

§101
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 . Priority This application is a continuation of US Application No. 18/330,989, filed on June 7, 2023, which is a continuation of US Application No. 17/581,760, filed on January 21, 2022, which is a continuation of US Application No. 16/355,603, filed on March 15, 2019, which claims the benefit of US Provisional Application No. 62/644,366, filed on March 16, 2018. Information Disclosure Statement The information disclosure statement (IDS) submitted is considered by the examiner. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claims 10 covers both statutory and non-statutory embodiments (under the broadest reasonable interpretation of the claim when read in light of the specification and in view of one skilled in the art) and embraces subject matter that is not eligible for patent protection and therefore is directed to non-statutory subject matter. Specifically, the "computer-readable media" as disclosed within the Specification of Paragraph [0586], states that “The computer readable medium is any data storage device that can store data, which can thereafter be read by a computer system. Examples of the computer readable medium include read-only memory, random-access memory, CD-ROMs, HDDs, DVDs, magnetic tape, and optical data storage devices. The computer readable medium can also be distributed over network-coupled computer systems so that the computer readable code is stored and executed in a distributed fashion” and as a result, the claim is drawn to such a recording medium that covers both transitory and non-transitory embodiments. Thus, the claims are not eligible subject matter. It is recommended to amend and narrow the claims to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation "non- transitory" to the claim. Allowable Subject Matter Claim 10 would be allowable amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action. Claims 1-9 and 11-19 are allowed. The following is an examiner’s statement of reasons for allowance: The closest prior art of record, namely, Reznik et al. (US Publication Number 2013/0195204 A1) teaches methods and systems associated with viewing condition adaption of multimedia content. A method for receiving multimedia content with a device from a network may include determining a viewing parameter, transmitting a request for the multimedia content to the network, whereby the request may be based on the viewing parameter, and receiving the multimedia content from the network, whereby the multimedia content may be processed at a rate according to the viewing parameter. Also, El-Ghoroury et al. (US Publication Number 2018/0262758 A1) disclosed image compression methods for near-eye display systems that reduce the input bandwidth and the system processing resource are disclosed. High order basis modulation, dynamic gamut, light field depth sampling and image data word-length truncation and quantization aiming at matching the human visual system angular, color and depth acuity coupled with use of compressed input display enable a high fidelity visual experience in near-eye display systems suited for mobile applications at a substantially reduced input interface bandwidths and processing resources. Furthermore, Patney et al. (NPL, “Towards Foveated Rendering for Gaze-Tracked Virtual Reality”, 2016) disclosed foveated rendering synthesizes images with progressively less detail outside the eye fixation region, potentially unlocking significant speedups for wide field-of-view displays, such as head mounted displays, where target framerate and resolution is increasing faster than the performance of traditional real-time renderers. However, the closest prior arts of record do not disclose “determining an angular distance of the virtual object position from the fixation point and a depth difference of the virtual object position from the fixation point; determining a particular resolution at which to render the virtual object based at least partly on position of the angular distance and the depth difference on a resolution distribution that designates resolution as a function of angular distance and depth difference such that the resolution varies with depth difference for a particular angular distance, wherein the resolution distribution includes: a) a foveal zone of high resolution proximal to the fixation point, b) a low resolution zone surrounding the foveal zone, and c) a rolloff providing a continuous drop-off in resolution between the foveal zone and the low resolution zone; and causing the display to present the virtual object at the virtual object position and at the particular resolution” (in combination with the other claimed limitations and/or features), as claimed in independent claims 1, 10 and 11. Dependent claims 2-9 are allowable as they depend from an allowable base independent claim 1. Dependent claims 12-19 are allowable as they depend from an allowable base independent claim 11. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communication from the examiner should be directed to Hilina K Demeter whose telephone number is (571) 270-1676. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, King Y. Poon could be reached at (571) 272- 7440. 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 PAIR system, see http://pari-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. /HILINA K DEMETER/Primary Examiner, Art Unit 2617
Read full office action

Prosecution Timeline

Nov 26, 2024
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §101 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
91%
With Interview (+19.2%)
3y 1m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 676 resolved cases by this examiner. Grant probability derived from career allowance rate.

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