Prosecution Insights
Last updated: August 17, 2026
Application No. 19/234,680

CONTROL OF DYNAMIC BRIGHTNESS OF LIGHT-EMITTING DIODE ARRAY

Non-Final OA §DP
Filed
Jun 11, 2025
Priority
Dec 19, 2019 — provisional 62/950,324 +3 more
Examiner
TRAN, MINH
Art Unit
2844
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Magic Leap Inc.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
950 granted / 1101 resolved
+18.3% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
25 currently pending
Career history
1122
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
57.0%
+17.0% vs TC avg
§102
20.9%
-19.1% vs TC avg
§112
5.7%
-34.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1101 resolved cases

Office Action

§DP
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 . This is a response to the Applicants' file on 6/11/25. In virtue of this filing, claims 1-10 are currently presented in the instant application. Information Disclosure Statement The information disclosure statement (IDS) submitted on 9/22/25,2/27/26,6/16/26 are in compliance with the provisions of 37 CFR 1.97 &1.98. Accordingly, the information disclosure statements are being considered by the examiner. 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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Instant application: 19/234680. 1.A method for modulating light output from a device comprising a light-emitting diode (LED) array, the method comprising: generating, by a first programmable LED driver circuit, a first electric current, wherein the first programmable LED driver circuit is electrically connected to one or more LEDs of the LED array, wherein the first programmable LED driver circuit is configured to be placed in one of a first plurality of configurations, and wherein the first electric current corresponds to the one of the first plurality of configurations; and generating, by a second programmable LED driver circuit, a second electric current, wherein the second programmable LED driver circuit is electrically connected to the one or more LEDs and is configured to be placed in a second one of a second plurality of configurations, and wherein the second electric current corresponds to the second one of the second plurality of configurations; combining the first electric current and the second electric current into a third electric current to drive the one or more LEDs, wherein each of the first programmable LED driver circuit and the second programmable LED driver circuit includes a respective electronic switching circuit to control an amount of the respective first electric current and second electric current, each respective electronic switching circuit including: a plurality of electronic switches electrically connected in a first parallel configuration, and a plurality of resistors electrically connected in a second parallel configuration, each electronic switch of the plurality of electronic switches electrically connected to one or more corresponding resistors of the plurality of resistors. 2.The method of claim 1, further comprising controlling the first programmable LED driver circuit and the second programmable LED driver circuit with a controller circuit, wherein the controller circuit is configured to: place the first programmable LED driver circuit in the one of the first plurality of configurations to adjust the first electric current; and place the second programmable LED driver circuit in the second one of the second plurality of configurations to adjust the second electric current. 3.The method of claim 1, wherein each LED of the one or more LEDs has a first minimum brightness responsive to being driven by the first electric current, each LED of the one or more LEDs has a second minimum brightness responsive to being driven by the second electric current, and each LED of the one or more LEDs has a third minimum brightness responsive to being driven by the third electric current, the third minimum brightness equaling a lesser of the first minimum brightness and the second minimum brightness. 4.The method of claim 1, wherein each LED of the one or more LEDs has a first maximum brightness responsive to being driven by the first electric current, each LED of the one or more LEDs has a second maximum brightness responsive to being driven by the second electric current, and each LED of the one or more LEDs has a third maximum brightness responsive to being driven by the third electric current, the third maximum brightness equaling a greater of the first maximum brightness and the second maximum brightness. 5.The method of claim 1, further comprising varying a brightness of each LED of the one or more LEDs by placing the first programmable LED driver circuit in different ones of the first plurality of configurations. 6.The method of claim 5, further comprising varying a brightness of each LED of the one or more LEDs by placing the second programmable LED driver circuit in different ones the second plurality of configurations. 7.The method of claim 1, wherein the one or more LEDs comprise a first LED having a first color and a second LED having a second color different from the second color. 8.The method of claim 1, wherein the first color is red and the second color is green. 9.The method of claim 1, wherein the plurality of resistors comprises one or more variable resistors. 10.The method of claim 1, wherein the plurality of electronic switches comprises N electronic switches, and the plurality of switching configurations comprises 2N switching configurations, wherein N is greater than or equal to 1. Patent No: 11497097 1.An apparatus for controlling a light-emitting diode (LED) array, the apparatus comprising: one or more LEDs of the LED array; a first programmable LED driver circuit electrically connected to the one or more LEDs and configured to: be placed in one of a first plurality of configurations; and generate a first electric current corresponding to the one of the first plurality of configurations; and a second programmable LED driver circuit electrically connected to the one or more LEDs and configured to: be placed in a second one of a second plurality of configurations; and generate a second electric current corresponding to the second one of the second plurality of configurations, such that the first electric current and the second electric current are combined into a third electric current to drive the one or more LEDs, wherein each of the first programmable LED driver circuit and the second programmable LED driver circuit includes a respective electronic switching circuit to control an amount of the respective first electric current and second electric current, each respective electronic switching circuit including: a plurality of electronic switches electrically connected in a first parallel configuration, and a plurality of resistors electrically connected in a second parallel configuration, each electronic switch of the plurality of electronic switches electrically connected to one or more corresponding resistors of the plurality of resistors. 2. The apparatus of claim 1, further comprising a controller circuit electrically connected to the first programmable LED driver circuit and the second programmable LED driver circuit, the controller circuit configured to: place the first programmable LED driver circuit in the one of the first plurality of configurations to adjust the first electric current; and place the second programmable LED driver circuit in the second one of the second plurality of configurations to adjust the second electric current. 3. The apparatus of claim 1, wherein each LED of the one or more LEDs has a first minimum brightness responsive to being driven by the first electric current, each LED of the one or more LEDs has a second minimum brightness responsive to being driven by the second electric current, and each LED of the one or more LEDs has a third minimum brightness responsive to being driven by the third electric current, the third minimum brightness equaling a lesser of the first minimum brightness and the second minimum brightness. 4. The apparatus of claim 1, wherein each LED of the one or more LEDs has a first maximum brightness responsive to being driven by the first electric current, each LED of the one or more LEDs has a second maximum brightness responsive to being driven by the second electric current, and each LED of the one or more LEDs has a third maximum brightness responsive to being driven by the third electric current, the third maximum brightness equaling a greater of the first maximum brightness and the second maximum brightness. 5. The apparatus of claim 1, wherein a brightness of each LED of the one or more LEDs varies in accordance with each configuration of the first plurality of configurations, and the brightness of each LED of the one or more LEDs varies in accordance with each configuration of the second plurality of configurations. 6. The apparatus of claim 1, wherein the one or more LEDs comprise a first LED having a first color and a second LED having a second color, and the first color is different from the second color. 14. The method of claim 10, wherein the LED has a first color and an other of the one or more LEDs has a second color different from the first color. 15. The method of claim 14, wherein the first color is red and the second color is green. Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 11,497,097. Although the claims at issue are not identical, they are not patentably distinct from each other because of below reasons: All limitations of claim 1 of instant application are similar all limitations of claim 1 of Patent application above. The limitations of claim 1 of the instant application are similar to compare with the limitation of claim 1 of the Patent application above. Limitations of claim 2 of the instant application are similar limitations of claim 2 of Patent application above. Limitations of claim 3 of the instant application are similar limitations of claim 3 of Patent application above. Limitations of claim 4 of the instant application are similar limitations of claim 4 of Patent application above. Limitations of claim 5 of the instant application are similar limitations of claim 5 of Patent application above. Limitations of claim 6 of the instant application are similar limitations of claim 5 of Patent application above. Limitations of claim 7 of the instant application are similar limitations of claim 6 of Patent application above. Limitations of claim 8, claim 6 of Patent application above disclose wherein the one or more LEDs comprise a first LED having a first color and a second LED having a second color, and the first color is different from the second color except for wherein the first color is red and the second color is green. The limitations are not of patentable merits since it is directed to select different colors which does not differentiate apparatus claim from the prior art. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114. Claims 9-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,497,097 in view of U. S. Patent No: 11,991,805. Claim 9, claim 1 of U.S. Patent No. 11,497,097 disclose all limitations in claim 10 of instant application except for wherein the plurality of resistors comprises one or more variable resistors. Claim 6 of U. S. Patent No: 11,991,805 disclose wherein the plurality of resistors comprises one or more variable resistors. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of U. S. Patent No: 11,991,805 into the method for modulating light output from the device of U.S. Patent No. 11,497,097 to adjust resistance. Claim 10, claim 1 of U.S. Patent No. 11,497,097 disclose all limitations in claim 10 of instant application except for wherein the plurality of electronic switches comprises N electronic switches, and the plurality of switching configurations comprises 2N switching configurations, wherein N is greater than or equal to 1. Claim 5 of U.S Patent No: 11,991,805 disclose wherein the plurality of electronic switches comprises N electronic switches, and the plurality of switching configurations comprises 2N switching configurations, wherein N is greater than or equal to 1. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of U. S. Patent No: 11,991,805 into the method for modulating light output from the device of U.S. Patent No. 11,497,097 to set a time by closing different combination of the electronic switches. Citation of pertinent prior art The prior art made of record and not relied upon is considered pertinent to applicants' disclosure. See prior arts/references listed on the PTO-892 form attached. Inquiry Any inquiry concerning this communication or earlier communications from the examiner should be directed to Minh Tran whose telephone number is (571)272-1817. The examiner can normally be reached on 8:00 AM to 6:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taningco Alexander H can be reached on 571-272-8048. 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 the PAIR system, see http://pair-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 USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Minh Tran/ Primary Examiner Art Unit 2845
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Prosecution Timeline

Jun 11, 2025
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+15.9%)
2y 2m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1101 resolved cases by this examiner. Grant probability derived from career allowance rate.

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