Prosecution Insights
Last updated: October 23, 2026
Application No. 19/014,058

EYEWEAR WITH CUSTOMIZABLE NOTIFICATIONS

Non-Final OA §DOUBLEPATENT
Filed
Jan 08, 2025
Priority
Mar 29, 2019 — continuation of 11/330,094 +2 more
Examiner
REGO, DOMINIC E
Art Unit
2648
Tech Center
2600 — Communications
Assignee
Snap Inc.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
801 granted / 922 resolved
+24.9% vs TC avg
Moderate +7% lift
Without
With
+7.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
25 currently pending
Career history
953
Total Applications
across all art units

Statute-Specific Performance

§101
7.2%
-32.8% vs TC avg
§103
47.1%
+7.1% vs TC avg
§102
21.9%
-18.1% vs TC avg
§112
6.1%
-33.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 922 resolved cases

Office Action

§DOUBLEPATENT
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 5 is objected to because of the following informalities: the limitations of claim 5, “establishing a default setting that causes all notifications of the second device to be filtered by the first device to prevent activation of a visual indicator; and generating, for display on the second device, a graphical user interface that includes a first option for changing the default setting of a given application for selecting a first combination of notification attributes of the given application and a second option to selecting a first visual indicator animation” is already stated in independent claim 1, therefore, this claim needs to be cancelled. Appropriate correction is required. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-20 are non-provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of US Patent No.12,231,595, 11,736,604,11,330,094, and US Publication Application 2023/0344929, Application #18/216,856, and US Publication Application 2022/0232115, Application #17/658,586. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of US Patent No. 12,231,595, 11,736,604,11,330,094, and US Publication Application 2023/0344929, Application #18/216,856, and US Publication Application 2022/0232115, Application #17/658,586 encompasses the limitations of claims 1-20 of instant application. Moreover, omission of a reference element whose function is not needed would be obvious to one of ordinary skill in the art. It is well settled that the omission of an element and its functions is an obvious expedient if the remaining elements performs the same function as before In re Karison, 163 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 uspq 375 (Bd. App. 1969). More specifically, the independent claims 1-20 of the present application are same scope, same function and same results as claims 1-20 of the US Patent No. 12,231,595, 11,736,604,11,330,094, and US Publication Application 2023/0344929, Application #18/216,856, and US Publication Application 2022/0232115, Application #17/658,586. In addition, even though the claims of present application omitted or simply rearranged claimed structure, or added the limitation using similar claimed elements, the function and results of claimed invention of the US Patent No. 12,231,595 is same as claimed invention of the present application. In addition, the independent claims of the present application is the same invention as the independent claims of the US Patent No. 12,231,595, 11,736,604,11,330,094, and US Publication Application 2023/0344929, Application #18/216,856, and US Publication Application 2022/0232115, Application #17/658,586. The subject matter in the instant application is fully disclosed in the US Patent No. 12,231,595, 11,736,604,11,330,094, and US Publication Application 2023/0344929, Application #18/216,856, and US Publication Application 2022/0232115, Application #17/658,586 and is covered by the US Patent No. 12,231,595, 11,736,604,11,330,094, and US Publication Application 2023/0344929, Application #18/216,856, and US Publication Application 2022/0232115, Application #17/658,586 since the US Patent No. 12,231,595, 11,736,604,11,330,094, and US Publication Application 2023/0344929, Application #18/216,856, and US Publication Application 2022/0232115, Application #17/658,586 and the instant application are claiming common subject matter, as follows, and the difference of the limitations are wordings differently. Instant Application U.S. Patent No. 12,231,595, 11,736,604,11,330,094, and US Publication Application 2023/0344929, Application #18/216,856, and US Publication Application 2022/0232115, Application #17/658,586 1. A method comprising: communicating between a first device and a second device over a first protocol comprising an unencrypted connection to transfer a first set of data from the first device to the second device; and switching from the first protocol to a second protocol comprising an encrypted link to enable the first device to communicate with the second device to receive one or more notifications from the second device. establishing a default setting that causes all notifications of the second device to be filtered by the first device to prevent activation of a visual indicator; generating, for display on the second device, a graphical user interface that includes a first option for changing the default setting of a given application for selecting a first combination of notification attributes of the given application and a second option for selecting a first visual indicator animation; and 1. A method comprising: communicating between a first device and a second device over a first protocol comprising an unencrypted connection to transfer a first set of data from the first device to the second device; receiving from the second device a request to activate notification alerts on the first device; and switching from the first protocol to a second protocol comprising an encrypted link to enable the first device to communicate with the second device to receive one or more notifications from the second device, the switching comprising switching to an encrypted BLE link layer connection between the first device and the second device in response to receiving the request to activate the notification alerts on the first device. 5. The method of claim 1, further comprising: establishing a default setting that causes all notifications of the second device to be filtered by the first device to prevent activation of a visual indicator; and generating, for display on the second device, a graphical user interface that includes a first option for changing the default setting of a given application for selecting a first combination of notification attributes of the given application and a second option to selecting a first visual indicator animation. 2. The method of claim 1, wherein the first device comprises a wearable device and the second device comprises a mobile device. 2. The method of claim 1, wherein the first device comprises a wearable device and the second device comprises a mobile device. 3. The method of claim 1, further comprising determining, by the first device, based on additional data received from the second device over the second protocol comprising the encrypted link, that the second device has received a new notification. 3. The method of claim 1, further comprising determining, by the first device, based on additional data received from the second device over the second protocol comprising the encrypted link, that the second device has received a new notification. 4. The method of claim 3, wherein the first set of data comprises one or more images, the additional data being received by the first device after data comprising filtering information is received by the first device, and further comprising: receiving, by the first device, from the second device, data indicative of a first combination of notification attributes that trigger a first alert on the first device, the data received by the first device from the second device comprising filtering information used to control whether the first alert is triggered, based at least on a source of a given notification, and a given animation pattern of the first alert. 4. The method of claim 3, wherein the first set of data comprises one or more images, the additional data being received by the first device after data comprising filtering information is received by the first device, and further comprising: receiving, by the first device, from the second device, data indicative of a first combination of notification attributes that trigger a first alert on the first device, the data received by the first device from the second device comprising filtering information used to control whether the first alert is triggered, based at least on a source of a given notification, and a given animation pattern of the first alert. 5. The method of claim 1, further comprising: establishing a default setting that causes all notifications of the second device to be filtered by the first device to prevent activation of a visual indicator; and generating, for display on the second device, a graphical user interface that includes a first option for changing the default setting of a given application for selecting a first combination of notification attributes of the given application and a second option to selecting a first visual indicator animation. 5. The method of claim 1, further comprising: establishing a default setting that causes all notifications of the second device to be filtered by the first device to prevent activation of a visual indicator; and generating, for display on the second device, a graphical user interface that includes a first option for changing the default setting of a given application for selecting a first combination of notification attributes of the given application and a second option to selecting a first visual indicator animation. 6. The method of claim 1, further comprising: filtering one or more notifications received from the second device based on filtering information to discard a portion of the one or more notifications received from the second device and maintain other notifications received from the second device comprising a new notification; determining that a combination of attributes of the new notification matches a first combination of notification attributes; in response to determining that the combination of the attributes of the new notification matches the first combination of notification attributes, retrieving, from a storage device of the first device, a first visual indicator animation that represents a first alert; and activating a visual indicator of the first device in accordance with the retrieved first visual indicator animation to generate the first alert on the first device. 6. The method of claim 1, further comprising: filtering one or more notifications received from the second device based on filtering information to discard a portion of the one or more notifications received from the second device and maintain other notifications received from the second device comprising a new notification; determining that a combination of attributes of the new notification matches a first combination of notification attributes; in response to determining that the combination of the attributes of the new notification matches the first combination of notification attributes, retrieving, from a storage device of the first device, a first visual indicator animation that represents a first alert; and activating a visual indicator of the first device in accordance with the retrieved first visual indicator animation to generate the first alert on the first device. 7. The method of claim 1, further comprising receiving data that specifies a first color for an LED for notifications comprising SMS messages, and wherein the data specifies a second color for the LED for notifications comprising images or videos received from certain users, the first device being configured to capture an image in response to detecting a touch input comprising a tap having a duration shorter than a threshold, the first device being configured to capture a video in response to detecting a touch input comprising a press-and-hold action. 7. The method of claim 1, further comprising receiving data that specifies a first color for an LED for notifications comprising SMS messages, and wherein the data specifies a second color for the LED for notifications comprising images or videos received from certain users, the first device being configured to capture an image in response to detecting a touch input comprising a tap having a duration shorter than a threshold, the first device being configured to capture a video in response to detecting a touch input comprising a press-and-hold action. 8. The method of claim 1 further comprising: storing, in a storage device of the first device, a first combination of notification attributes in a list that associates a plurality of combinations of notification attributes with corresponding visual indicator animations, the list being first list associated with a first device identifier; and storing a second list that associates another plurality of combinations of notification attributes with corresponding visual indicator animations for a second device identifier, wherein at a given time only the notification attributes of the first or second list is active and moved to a new temporary storage location of the first device. 8. The method of claim 1 further comprising: storing, in a storage device of the first device, a first combination of notification attributes in a list that associates a plurality of combinations of notification attributes with corresponding visual indicator animations, the list being first list associated with a first device identifier; and storing a second list that associates another plurality of combinations of notification attributes with corresponding visual indicator animations for a second device identifier, wherein at a given time only the notification attributes of the first or second list is active and moved to a new temporary storage location of the first device. 9. The method of claim 8, further comprising: retrieving a given combination of notification attributes from a first position in the list; loading, into a memory of the first device, the retrieved given combination of the notification attributes and the attributes of a new notification; comparing each attribute of the retrieved given combination of the notification attributes with each corresponding attribute of the attributes of the new notification by performing a non-complex comparison operation using the first device; and in response to determining that each attribute of the retrieved given combination of the notification attributes matches each corresponding attribute of the attributes of the new notification, retrieving the visual indicator animation associated with the given combination of notification attributes. 9. The method of claim 8, further comprising: retrieving a given combination of notification attributes from a first position in the list; loading, into a memory of the first device, the retrieved given combination of the notification attributes and the attributes of the new notification; comparing each attribute of the retrieved given combination of the notification attributes with each corresponding attribute of the attributes of the new notification by performing a non-complex comparison operation using the first device; and in response to determining that each attribute of the retrieved given combination of the notification attributes matches each corresponding attribute of the attributes of the new notification, retrieving the visual indicator animation associated with the given combination of notification attributes. 10. The method of claim 9, further comprising in response to determining that at least one of the attributes of the retrieved given combination of the notification attributes fails to match the corresponding attribute of the attributes of the new notification: retrieving a next combination of notification attributes from a second position in the list adjacent to the first position; replacing the retrieved given combination of the notification attributes that has been loaded into the memory with the retrieved next combination of notification attributes; and repeating the comparing operation. 10. The method of claim 9, further comprising in response to determining that at least one of the attributes of the retrieved given combination of the notification attributes fails to match the corresponding attribute of the attributes of the new notification: retrieving a next combination of notification attributes from a second position in the list adjacent to the first position; replacing the retrieved given combination of the notification attributes that has been loaded into the memory with the retrieved next combination of notification attributes; and repeating the comparing operation. 11. The method of claim 1, further comprising establishing a first blinking pattern for a visual indicator associated with a first status received from a ride sharing application and establishing a second blinking pattern for the visual indicator associated with a second status received from the ride sharing application, the second status representing a new passenger getting picked up. 11. The method of claim 1, further comprising establishing a first blinking pattern for a visual indicator associated with a first status received from a ride sharing application and establishing a second blinking pattern for the visual indicator associated with a second status received from the ride sharing application, the second status representing a new passenger getting picked up. 12. The method of claim 1, wherein a visual indicator of the first device comprises a first LED included in a first of a pair of end pieces of an eyewear device. 12. The method of claim 1, wherein a visual indicator of the first device comprises a first LED included in a first of a pair of end pieces of an eyewear device. 13. The method of claim 12, wherein a second LED is included in a second of the pair of end pieces of the eyewear device, further comprising operating the first LED and the second LED asynchronously to generate different patterns of light to generate a first alert. 13. The method of claim 12, wherein a second LED is included in a second of the pair of end pieces of the eyewear device, further comprising operating the first LED and the second LED asynchronously to generate different patterns of light to generate a first alert. 14. The method of claim 1, further comprising: determining an identity of the second device; and selecting between a first portion and a second portion of a plurality of combinations of notification attributes based on the identity of the second device. 14. The method of claim 1, further comprising: determining an identity of the second device; and selecting between a first portion and a second portion of a plurality of combinations of notification attributes based on the identity of the second device. 15. The method of claim 1, wherein switching to the encrypted link comprises presenting a Bluetooth dialog on the second device to establish the encrypted link. 16. The method of claim 15, further comprising: detecting, by the first device, a new second device with which to establish a BLE connection. 15. The method of claim 1, wherein switching to the encrypted BLE link layer connection comprises presenting a Bluetooth dialog on the second device to establish the encrypted BLE link layer connection. 17. The method of claim 16, further comprising: determining, by the first device, that notification alerts are in a disabled state for the new second device; and in response to determining that the notification alerts are in the disabled state for the new second device, establishing the unencrypted connection between the first device and the new second device without presenting the Bluetooth dialog on the new second device. 16. The method of claim 15, further comprising: detecting, by the first device, a new second device with which to establish a BLE connection; determining, by the first device, that the notification alerts is in a disabled state for the new second device; and in response to determining that the notification alerts is in the disabled state for the new second device, establishing the unencrypted connection between the first device and the new second device without presenting the Bluetooth dialog on the new second device. 18. A system comprising: a storage device of a first device; and at least one processor of the first device configured to perform operations comprising: communicating between a first device and a second device over a first protocol comprising an unencrypted connection to transfer a first set of data from the first device to the second device; and switching from the first protocol to a second protocol comprising an encrypted link to enable the first device to communicate with the second device to receive one or more notifications from the second device. establishing a default setting that causes all notifications of the second device to be filtered by the first device to prevent activation of a visual indicator; generating, for display on the second device, a graphical user interface that includes a first option for changing the default setting of a given application for selecting a first combination of notification attributes of the given application and a second option for selecting a first visual indicator animation; 17. A system comprising: a storage device of a first device; and at least one processor of the first device configured to perform operations comprising: communicating between the first device and a second device over a first protocol comprising an unencrypted connection to transfer a first set of data from the first device to the second device; receiving from the second device a request to activate notification alerts on the first device; and switching from the first protocol to a second protocol comprising an encrypted link to enable the first device to communicate with the second device to receive one or more notifications from the second device, the switching comprising switching to an encrypted BLE link layer connection between the first device and the second device in response to receiving the request to activate the notification alerts on the first device. 5. The method of claim 1, further comprising: establishing a default setting that causes all notifications of the second device to be filtered by the first device to prevent activation of a visual indicator; and generating, for display on the second device, a graphical user interface that includes a first option for changing the default setting of a given application for selecting a first combination of notification attributes of the given application and a second option to selecting a first visual indicator animation. 19. The system of claim 18, wherein the first device comprises a wearable device and the second device comprises a mobile device. 18. The system of claim 17, wherein the first device comprises a wearable device and the second device comprises a mobile device. 20. A non-transitory machine-readable storage medium comprising instructions that, when executed by one or more processors of a machine, cause the machine to perform operations comprising: communicating between a first device and a second device over a first protocol comprising an unencrypted connection to transfer a first set of data from the first device to the second device; switching from the first protocol to a second protocol comprising an encrypted link to enable the first device to communicate with the second device to receive one or more notifications from the second device. establishing a default setting that causes all notifications of the second device to be filtered by the first device to prevent activation of a visual indicator; generating, for display on the second device, a graphical user interface that includes a first option for changing the default setting of a given application for selecting a first combination of notification attributes of the given application and a second option for selecting a first visual indicator animation. 19. A non-transitory machine-readable storage medium comprising instructions that, when executed by one or more processors of a machine, cause the machine to perform operations comprising: communicating between a first device and a second device over a first protocol comprising an unencrypted connection to transfer a first set of data from the first device to the second device; receiving from the second device a request to activate notification alerts on the first device; and switching from the first protocol to a second protocol comprising an encrypted link to enable the first device to communicate with the second device to receive one or more notifications from the second device, the switching comprising switching to an encrypted BLE link layer connection between the first device and the second device in response to receiving the request to activate the notification alerts on the first device. 5. The method of claim 1, further comprising: establishing a default setting that causes all notifications of the second device to be filtered by the first device to prevent activation of a visual indicator; and generating, for display on the second device, a graphical user interface that includes a first option for changing the default setting of a given application for selecting a first combination of notification attributes of the given application and a second option to selecting a first visual indicator animation. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Minoo et al. (US Patent #10,412,208), Steeves (US Patent #10,162,505), Hsieh et al. (US Patent #10,129,713), Hatalkar et al. (US Patent #9,952,660), Noeth et al. (US Patent #9,866,999), Blayer et al. (US Patent #9,751,012), Jang et al. (US Patent #9,734,402), Migicovsky et al. (US Patent #9,560,929), Teng et al. (US Patent #8,548,431), and Said et al. (US Patent #8,467,817). Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC E REGO whose telephone number is (571)272-8132. The examiner can normally be reached Monday-Friday, 8:00am-4:30pm. 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, Wesley Kim can be reached at 571-272-7867. 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. /DOMINIC E REGO/Primary Examiner, Art Unit 2648 Tel 571-272-8132
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Prosecution Timeline

Jan 08, 2025
Application Filed
Oct 16, 2026
Non-Final Rejection mailed — §DOUBLEPATENT (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
94%
With Interview (+7.4%)
2y 3m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 922 resolved cases by this examiner. Grant probability derived from career allowance rate.

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