Prosecution Insights
Last updated: October 25, 2026
Application No. 19/188,548

EYEPIECES FOR AUGMENTED REALITY DISPLAY SYSTEM

Non-Final OA §103
Filed
Apr 24, 2025
Priority
Nov 20, 2018 — provisional 62/769,933 +3 more
Examiner
YANG, ANDREW GUS
Art Unit
2614
Tech Center
2600 — Communications
Assignee
Magic Leap Inc.
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
393 granted / 569 resolved
+7.1% vs TC avg
Moderate +7% lift
Without
With
+7.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
31 currently pending
Career history
606
Total Applications
across all art units

Statute-Specific Performance

§101
10.6%
-29.4% vs TC avg
§103
64.4%
+24.4% vs TC avg
§102
15.6%
-24.4% vs TC avg
§112
5.9%
-34.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 569 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 . 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. Claim(s) 53-69 and 71-72 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vallius et al. (U.S. PGPUB 20170299865) in view of Vallius (U.S. PGPUB 20170102543). With respect to claim 53, Vallius et al. disclose an eyepiece waveguide for an augmented reality display system (paragraph 22, FIGS. 1A, 1B and 1C are front, top and side views, respectively, of an exemplary optical waveguide 100 that can be used to replicate an image associated with an input-pupil to an expanded output-pupil), the eyepiece waveguide comprising: an optically transmissive substrate having a first surface and a second surface (paragraph 24, a first major planar surface 108 and a second major planar surface 110 opposite and parallel to the first major planar surface 108); a first input coupling grating (ICG) region formed on or in one of the surfaces of the substrate (paragraph 30, one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 is provided in or on the front-side surface 108 of the waveguide 108), the first ICG region being configured to receive an input beam of light and to couple the input beam into the substrate as a guided beam (paragraph 23, The input-coupler 112 is configured to couple light corresponding to an image associated with an input-pupil into the bulk-substrate 106 of the waveguide); a multi-directional pupil expander (MPE) region formed on or in the first surface of the substrate (paragraph 30, one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 is provided in or on the front-side surface 108 of the waveguide 108), the MPE region being positioned to receive the guided beam from the first ICG region and to diffract it in a plurality of directions to create a plurality of diffracted beams (paragraph 20, The intermediate-component(s) is/are configured to individually or collectively perform both odd-order pupil expansion and even-order pupil expansion on light corresponding to the image that travels from the input-coupler to the one or more intermediate-components by way of TIR, and diffract the light corresponding to the image towards the output-coupler, paragraph 25, Where the waveguide 100 includes the intermediate-component 114, the input-coupler 112 is configured to couple light into the waveguide 100 (and more specifically, into the bulk-substrate 106 of the waveguide 100) and in a direction of the intermediate-component 114. The intermediate-component 114 is configured to redirect such light in a direction of the output-coupler 116); and an exit pupil expander (EPE) region formed on or in the second surface of the substrate, the EPE region overlapping the MPE region (paragraph 30, another one of the components 112, 114 and 116 is provided in or on the back-side surface 110), and the EPE region being configured to out couple one or more of the diffracted beams from the optically transmissive substrate as output beams (paragraph 23, The output-coupler 116 is configured to couple the light corresponding to the image associated with the input-pupil, which travels in the optical waveguide 100 from the input-coupler 112 to the output-coupler 116, out of the waveguide 100 so that the light is output and viewable from the output-pupil). However, Vallius et al. do not expressly disclose the MPE region comprising a plurality of diffractive features which exhibit periodicity along at least a first axis of periodicity and a second axis of periodicity. Vallius, who also deals with optical systems, discloses a method wherein the region comprising a plurality of diffractive features which exhibit periodicity along at least a first axis of periodicity and a second axis of periodicity (paragraph 57, outputting light with an expanded exit pupil relative to the received light at the in-coupling region of the DOE along the first and second coordinate axes using the beam steering and out-coupling region, in which the beam steering and out-coupling region includes gratings configured to provide a periodic contoured surface having a first periodicity along a first direction and a second periodicity along a second direction). Vallius et al. and Vallius are in the same field of endeavor, namely computer graphics. Before the effective filing date of the claimed invention, it would have been obvious to apply the method wherein the region comprising a plurality of diffractive features which exhibit periodicity along at least a first axis of periodicity and a second axis of periodicity, as taught by Vallius, to the MPE region of the Vallius et al. system, because optical interference is reduced in the display system and display uniformity and optical resolution is increased (paragraph 2 of Vallius). With respect to claim 54, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53. Although Vallius et al. infer the MPE region and the EPE region overlap (paragraph 30, any individual one of the input-coupler 112, the intermediate-component 114 and the output-coupler 116 can be provided in or on either one of the major planar surfaces 108 or 110 of the bulk-substrate 106, or embedded therebetween) do not expressly disclose the MPE region and the EPE region overlap by at least 90%. At the time of the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify Vallius et al. to include the MPE region and the EPE region overlap by at least 90% because Applicant has not disclosed that using such an overlap percentage provides an advantage, is used for a particular purpose, or solves a stated problem (page 90, paragraph 311 of Specification, while the MPE region 2050 and the EPE region 2060 are illustrated as being the same size and exactly aligned in the x-y plane, in other embodiments they may have somewhat different sizes and may be partially misaligned. In some embodiments, the MPE region 2050 and the EPE region 2060 overlap one another by at least 70%, at least 80%, at least 90%, or at least 95%). Therefore, it would have been an obvious matter of design choice to modify Vallius et al. to obtain the invention as specified in claim 54. With respect to claim 55, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53. However, Vallius et al. do not expressly disclose the MPE region and the EPE region are the same size. At the time of the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify Vallius et al. to include the MPE region and the EPE region are the same size because Applicant has not disclosed that using the same size provides an advantage, is used for a particular purpose, or solves a stated problem (page 90, paragraph 311 of Specification, while the MPE region 2050 and the EPE region 2060 are illustrated as being the same size and exactly aligned in the x-y plane, in other embodiments they may have somewhat different sizes and may be partially misaligned). Therefore, it would have been an obvious matter of design choice to modify Vallius et al. to obtain the invention as specified in claim 55. With respect to claim 56, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 55. However, Vallius et al. do not expressly disclose the MPE region and the EPE region are aligned with one another. At the time of the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify Vallius et al. to include the MPE region and the EPE region are aligned with one another because Applicant has not disclosed that using the such an alignment provides an advantage, is used for a particular purpose, or solves a stated problem (page 90, paragraph 311 of Specification, while the MPE region 2050 and the EPE region 2060 are illustrated as being the same size and exactly aligned in the x-y plane, in other embodiments they may have somewhat different sizes and may be partially misaligned). Therefore, it would have been an obvious matter of design choice to modify Vallius et al. to obtain the invention as specified in claim 56. With respect to claim 57, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, wherein the first ICG region comprises a diffraction grating having a plurality of periodically repeating lines, and wherein the EPE region comprises a diffraction grating having a plurality of periodically repeating lines oriented perpendicular to the lines of the diffraction grating in the first ICG region (Vallius et al.: paragraph 33, the input-coupler 112 can have surface gratings that extend in a vertical (y) direction, the output-coupler 116 can have surface gratings that extend in a horizontal (x) direction, paragraph 103, The first grating includes a first set of linear grating lines. The second grating includes a second set of linear grating lines that are rotated at an angle relative to first set of linear grating lines of the first grating. In some such embodiments, the angle is ninety degrees, and thus, the second set of linear grating lines of the second grating are orthogonal to the first set of linear grating lines of the first grating). With respect to claim 58, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, wherein the MPE region comprises a two- dimensional lattice of separate diffractive features (Vallius et al.: paragraph 76, A crossed-grating type of input-coupler 912 can alternatively be an index-modulated crossed-grating, or can have a permittivity tensor that is periodically modulated in two directions (e.g. polarization gratings), or can have two-dimensional photonic crystals, paragraph 77, It is also within the scope of embodiments of the present technology to reposition the various optical components relative to one another and configure the optical components such that intermediate-components performed vertical pupil-expansion, and output-couplers performed horizontal pupil-expansion. More generally, an intermediate-component of an optical waveguide can be configured to perform one of horizontal or vertical pupil-expansion). With respect to claim 59, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, wherein the MPE region comprises a crossed grating (Vallius et al.: paragraph 76, A crossed-grating type of input-coupler 912 can alternatively be an index-modulated crossed-grating, or can have a permittivity tensor that is periodically modulated in two directions (e.g. polarization gratings), or can have two-dimensional photonic crystals, paragraph 77, It is also within the scope of embodiments of the present technology to reposition the various optical components relative to one another and configure the optical components such that intermediate-components performed vertical pupil-expansion, and output-couplers performed horizontal pupil-expansion. More generally, an intermediate-component of an optical waveguide can be configured to perform one of horizontal or vertical pupil-expansion). With respect to claim 60, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, wherein the MPE region is configured to create the diffracted beams by diffracting portions of the power of the guided beam from the first ICG region in at least four directions (Vallius et al.: paragraph 79, The input-coupler 1114a [1112] is also configured to diffract a portion of the light corresponding to the image in a first direction toward the intermediate-component 1114a such that a first portion of the FOV travels through the optical waveguide 1100 from the input-coupler 1112 to the intermediate-component 1114a, diffract a portion of the light corresponding to the image in a second direction toward the intermediate-component 1114b such that a second portion of the FOV travels through the optical waveguide 1100 from the input-coupler 1112 to the intermediate-component 1114b, diffract a portion of the light corresponding to the image in a third direction toward the intermediate-component 1114c such that a third portion of the FOV travels through the optical waveguide 1100 from the input-coupler 1112 to the intermediate-component 1114c, and diffract a portion of the light corresponding to the image in a fourth direction toward the fourth intermediate-component 1114d such that a fourth portion of the FOV travels through the optical waveguide 1100 from the input-coupler 1112 to the intermediate-component 1114d). With respect to claim 61, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, wherein the MPE region is further configured to increase the number of diffracted beams by again diffracting, in the same plurality of directions and at a plurality of distributed locations, those of the diffracted beams which are still propagating within the MPE region after having first been diffracted (Vallius et al.: paragraph 79, The input-coupler 1114a [1112] is also configured to diffract a portion of the light corresponding to the image in a first direction toward the intermediate-component 1114a such that a first portion of the FOV travels through the optical waveguide 1100 from the input-coupler 1112 to the intermediate-component 1114a, diffract a portion of the light corresponding to the image in a second direction toward the intermediate-component 1114b such that a second portion of the FOV travels through the optical waveguide 1100 from the input-coupler 1112 to the intermediate-component 1114b, diffract a portion of the light corresponding to the image in a third direction toward the intermediate-component 1114c such that a third portion of the FOV travels through the optical waveguide 1100 from the input-coupler 1112 to the intermediate-component 1114c, and diffract a portion of the light corresponding to the image in a fourth direction toward the fourth intermediate-component 1114d such that a fourth portion of the FOV travels through the optical waveguide 1100 from the input-coupler 1112 to the intermediate-component 1114d, as by diffracting beams through 1114a, 1114b, 1114c, and 1114d. With respect to claim 62, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, wherein the first and second axes of periodicity in the diffractive features of the MPE region are not orthogonal (Vallius: paragraph 33, Gratings may include symmetric and/or asymmetric features including slanted gratings (i.e., gratings having walls that are non-orthogonal according to one or more predetermined angles to a plane of the waveguide), Vallius: paragraph 57, in which the beam steering and out-coupling region includes gratings configured to provide a periodic contoured surface having a first periodicity along a first direction and a second periodicity along a second direction). Non-orthogonal gratings infer beam steering in non-orthogonal directions along non-orthogonal axes. With respect to claim 63, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, wherein the diffractive efficiency of the diffractive features of the MPE region varies spatially (Vallius et al.: paragraph 55, Depending on the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency). With respect to claim 64, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, further comprising one or more additional ICG regions provided at one or more corresponding locations around the MPE region to provide one or more corresponding additional input beams of light to enter the MPE region at different locations (Vallius et al.: paragraph 77, It is also within the scope of embodiments of the present technology to reposition the various optical components relative to one another and configure the optical components such that intermediate-components performed vertical pupil-expansion, Vallius et al.: paragraph 79, Referring to FIG. 11, an optical waveguide 1100 is shown as including an input-coupler 1112, four intermediate-components 1114a, 1114b, 1114c and 1114d, and an output-coupler 1116). By repositioning optical components, one or more intermediate components correspond to one or more additional ICG regions. With respect to claim 65, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, wherein the diffractive efficiency of diffractive features in the EPE region varies spatially (Vallius et al.: paragraph 55, Depending on the orientation of the various components 112, 114 and 116 of the waveguide, these components may diffract light of incident polarization at different intensities. For example, there can be an approximately five-to-one (i.e., ˜5:1) difference between orthogonal horizontal and vertical diffraction efficiency). With respect to claim 66, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, further comprising one or more diffractive mirrors located around the periphery of the substrate (Vallius: paragraph 19, The imager 105 may also include mirrors). It would have been obvious to include one or more diffractive mirrors because this would enable a virtual display to be composed and provide one or more input optical beams to the optical system (paragraph 19 of Vallius). With respect to claim 67, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, wherein the input beam is collimated and has a diameter of 5 mm or less (Vallius et al.: paragraph 40, The collimating lens 208 is arranged to receive a diverging display image from the image former 206, to collimate the display image, and to direct the collimated image toward the input-coupler 112 of the waveguide 100. In accordance with an embodiment, an entry pupil associated with the waveguide may be approximately the same size as an exit pupil associated with the image former 206, e.g., 5 mm or less in some embodiments, but is not limited thereto). With respect to claim 68, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, wherein the optically transmissive substrate is planar (Vallius et al.: paragraph 24, The bulk-substrate 106, which can be made of glass or optical plastic, but is not limited thereto, includes a first major planar surface 108 and a second major planar surface 110 opposite and parallel to the first major planar surface 108). With respect to claim 69, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, wherein the eyepiece waveguide is incorporated into an eyepiece for an augmented reality display system (Vallius et al.: paragraph 42, The waveguide 100 can be incorporated into a see-through mixed reality display device system). With respect to claim 71, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, wherein the first ICG region is located above the MPE region and the EPE region when the eyepiece waveguide is in the as-worn orientation (Vallius et al.: paragraph 48, In FIG. 3, the output-coupler 116 is shown as being located below the intermediate-component 114), which is also below the input coupler 112. With respect to claim 72, Vallius et al. as modified by Vallius disclose the eyepiece waveguide of Claim 53, further comprising a second ICG region, wherein the MPE region and the EPE region are located between the first ICG region and the second ICG region (Vallius et al.: paragraph 77, It is also within the scope of embodiments of the present technology to reposition the various optical components relative to one another and configure the optical components such that intermediate-components performed vertical pupil-expansion, Vallius et al.: paragraph 79, Referring to FIG. 11, an optical waveguide 1100 is shown as including an input-coupler 1112, four intermediate-components 1114a, 1114b, 1114c and 1114d, and an output-coupler 1116). By repositioning optical components, an MPE region and EPE region are located between a first ICG and second ICG region. Allowable Subject Matter Claim 70 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Lee et al. (U.S. PGPUB 20200116997) disclose a similar TIR ring configuration in Fig. 13. However, none of the cited art teaches or suggests defining the k-space annulus, wherein the first ICG region is configured receive a set of a plurality of input beams of light, the set of input beams being associated with a set of k-vectors which form a field of view (FOV) shape in k-space, the FOV shape having a first dimension in k-space that is larger than the width of a k-space annulus associated with the eyepiece waveguide, the k-space annulus corresponding to a region in k-space associated with guided propagation in the eyepiece waveguide; and wherein the first ICG region is configured to diffract the input beams so as to couple them into the substrate as guided beams and so as to translate the FOV shape to a first position where the FOV shape lies completely within the k-space annulus. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW GUS YANG whose telephone number is (571)272-5514. The examiner can normally be reached M-F 9 AM - 5:30 PM. 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, Kent Chang can be reached at (571)272-7667. 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. /ANDREW G YANG/Primary Examiner, Art Unit 2614 10/14/26
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Prosecution Timeline

Apr 24, 2025
Application Filed
Oct 16, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
69%
Grant Probability
76%
With Interview (+7.3%)
2y 11m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 569 resolved cases by this examiner. Grant probability derived from career allowance rate.

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