Prosecution Insights
Last updated: October 23, 2026
Application No. 19/368,580

WEARABLE DEVICE AND METHOD FOR DISPLAYING IMAGE ON BASIS OF BIT SEQUENCES HAVING DIFFERENT BIT DEPTHS

Final Rejection §103
Filed
Oct 24, 2025
Priority
May 10, 2023 — RE 10-2023-0060735 +2 more
Examiner
GYAWALI, BIPIN
Art Unit
2625
Tech Center
2600 — Communications
Assignee
Samsung Electronics Co., Ltd.
OA Round
2 (Final)
59%
Grant Probability
Moderate
3-4
OA Rounds
1y 10m
Est. Remaining
60%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
234 granted / 394 resolved
-2.6% vs TC avg
Minimal +1% lift
Without
With
+0.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
25 currently pending
Career history
428
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
69.4%
+29.4% vs TC avg
§102
23.8%
-16.2% vs TC avg
§112
4.7%
-35.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 394 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 Amendment The applicant has amended their application as follows: Amended: 1 and 18 Cancelled: None Added: None Therefore, claims 1-20 are currently pending in the instant application. Response to Arguments Applicant’s arguments with respect to claim(s) 1 and 18 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 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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) 1, 7-12, 14 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Morris et al. (US 2021/0201769 A1, hereinafter “Morris”) in view of Buckley et al. (US 11,056,037 B1; hereinafter “Buckley”). As to claim 1, Morris discloses a wearable device (Fig. 2) comprising: a display (Fig. 1 element 120) including a driving layer (Fig. 8A element 811) formed at a silicon substrate (809; Para. 0145), and an emission layer (807) on the driving layer (Para. 0146); and at least one processor comprising processing circuitry (Fig. 11 element 1142), wherein the display is configured to: receive, from the at least one processor, via the driving layer, information regarding an image (Para. 0161); using each of first bit sequences, control, in accordance with a pulse width modulation (PWM) scheme, each of first light emission elements in the emission layer to emit light for displaying of a first portion of the image (Fig. 12-13; Para. 0161-0170, each pixel unit includes bit cells for storing a control word for the unit pixel and a PWM generation circuit for generating PWM signals) identified in accordance with a gaze of a user wearing the wearable device; using each of second bit sequences, control, in accordance with the PWM scheme, each of second light emission elements in the emission layer to emit light for displaying of a second portion of the image around the first portion of the image (Fig. 13; Para. 0161-0170, the PWM signal for second portion of the image); and based on the emission of each of the first light emission elements and the emission of each of the second light emission elements, display the image (Fig. 4), Morris does not disclose each of first light emission elements in the emission layer to emit light for displaying of a first portion of the image identified in accordance with a gaze of a user wearing the wearable device, wherein each bit of each of the first bit sequences corresponds to a respective period within a pulse width modulation (PWM) interval for controlling emission of a corresponding one of the first light emission elements, wherein each bit of each of the second bit sequences corresponds to a respective period within the PWM interval for controlling emission of a corresponding one of the second light emission elements, and wherein the first bit sequences have a greater bit depth than the second bit sequences. However, Buckley (Fig. 5B) teaches each of first light emission elements in the emission layer to emit light for displaying of a first portion of the image identified in accordance with a gaze of a user wearing the wearable device (Col. 14 lines 59-67), wherein each bit of each of the first bit sequences (Fig. 8 element MSBs) corresponds to a respective period within a pulse width modulation (PWM) interval for controlling emission of a corresponding one of the first light emission elements (Fig. 6 element 410a; Col. 22 lines 44-67 to Col. 23 lines 1-4), wherein each bit of each of the second bit sequences (Fig. 8 eleme4nt LSBs) corresponds to a respective period within the PWM interval for controlling emission of a corresponding one of the second light emission elements (Fig. 9 steps 920, 930; Col. 22 lines 44-67 to Col. 23 lines 1-4), and wherein the first bit sequences (Fig. 8 element MSBs) have a greater bit depth than the second bit sequences (LSBs; Col. 21 lines 10-34, magnitude of MSBs is larger than the magnitude of the LSBs). It would have been obvious to one of ordinary skill in the art to combine the teaching of Buckley to adjust the PWM signal for emission of the light emitting elements in the device disclosed by Morris. The motivation would have been to precisely control the color value at pixel location (Col. 2 lines 30-35). The above rejection also stands for the similar method of claim 18. As to claim 7, Morris (Fig. 11) discloses the wearable device of claim 1, wherein the display includes: a plurality of light emission elements including the first and second light emission elements (1105), a plurality of memory cells (1102) respectively connected to the plurality of light emission elements, and memory (1144) different from the plurality of memory cells (1105), wherein memory cells (1102) of a first set respectively connected to the first light emission elements (1105) from among the plurality of memory cells are used to obtain each of the first bit sequences in conjunction with the memory (1105; Para. 0160, 0170, display data from the display memory/buffer), wherein memory cells of a second set respectively connected to the second light emission elements from among the plurality of memory cells are used to obtain each of the second bit sequences (memory cells for second display region), and wherein the memory is used to obtain each of the first bit sequences from among the first bit sequences and the second bit sequences (Para. 0160- 0170, first bit sequences from the display data stored in the memory/buffer). As to claim 8, Morris (Fig. 11) discloses the wearable device of claim 1, wherein the display includes: a plurality of light emission elements including the first light emission elements and the second light emission elements (1105), a plurality of memory cells (1102) respectively connected to the plurality of light emission elements (1105), and memory (1144) different from the plurality of memory cells (1102), wherein the plurality of memory cells (1102) includes memory cells of a first set respectively connected to the first light emission elements (1105, first area), and memory cells of a second set respectively connected to the second light emission elements (second display area), and wherein the display is configured to: obtain the first bit sequences by adding one or more bits obtained from the memory to each of bit sequences of a first set respectively obtained from the memory cells of the first set, and control each of the first light emission elements to emit light using each of the first bit sequences (Fig. 12B; Para. 0168-0169, data bits for pixels connected to the same data line. The second pixel will have more bits added in sequence to the bits for the first pixel); and obtain, as the second bit sequences, bit sequences of a second set respectively obtained from the memory cells of the second set, and control each of the second light emission elements to emit light using each of the second bit sequences (Fig. 12B; Para. 0168-0169, second data set for second data line) As to claim 9, Morris (Fig. 11) discloses the wearable device of claim 1, wherein the display includes: a plurality of light emission elements (1105) including the first light emission elements and the second light emission elements (first display area and second display area), a plurality of memory cells (1102) respectively connected to the plurality of light emission elements (1105), and memory (1144) different from the plurality of memory cells (1102), and wherein the display is configured to: obtain a plurality of bit sequences from the information received from the at least one processor (1142; Para. 0169); by adding one or more bits to each of bit sequences of a first set to be stored in a portion of the plurality of memory cells respectively connected to the first light emission elements from among the plurality of bit sequences, obtain each of first bit sequences (Fig. 12B; Para. 0168-0169, data bits for pixels connected to the same data line. The second pixel will have more bits added in sequence to the bits for the first pixel); obtain, as the second bit sequences, bit sequences of a second set to be stored in another portion of the plurality of memory cells respectively connected to the second light emission elements from among the plurality of bit sequences (Fig. 12B; Para. 0168-0169, second data set for second data line); store, in the memory, the one or more bits which are a portion of each of the first bit sequences (Para. 0169, memory/buffer stores the data signals); store, in each of memory cells of a first set which is the portion of the plurality of memory cells, each of the bit sequences of the first set which is a remaining portion of each of the first bit sequences (Fig. 13A, storing data for each pixels in the first data line); store, in each of memory cells of a second set which is the another portion of the plurality of memory cells, each of the second bit sequences (Fig. 13A, storing data in a pixel of second data line); control each of the first light emission elements, to emit light using each of the first bit sequences obtained by adding the one or more bits obtained from the memory to each of the bit sequences of the first set obtained from each of the memory cells of the first set (Fig. 12B; Para. 0168-0169, data bits for pixels connected to the same data line. The second pixel will have more bits added in sequence to the bits for the first pixel); and control each of the second light emission elements, to emit light using each of the second bit sequences obtained from each of the memory cells of the second set (Para. 0169). As to claim 10, Morris (Fig. 11) discloses the wearable device of claim 1, wherein the display includes: a plurality of light emission elements (1105) including the first light emission elements and the second light emission elements (first display area and second display area), a plurality of memory cells (1102) respectively connected to the plurality of light emission elements (1105), and memory (1144) different from the plurality of memory cells (1102), and wherein the display is configured to: obtain, from the information received from the at least one processor, a plurality of bit sequences including the first bit sequences and the second bit sequences (Para. 0168-0169, display bit for first and second column of pixels); store, in the memory, a portion of each of the first bit sequences (Para. 0160); store, in each of memory cells of a first set which is the portion of the plurality of memory cells, each of the bit sequences of the first set which is a remaining portion of each of the first bit sequences (Fig. 13A, storing data for each pixels in the first data line); store, in each of memory cells of a second set which is the another portion of the plurality of memory cells, each of the second bit sequences (Fig. 13A, storing data in a pixel of second data line); control each of the first light emission elements, to emit light using each of the first bit sequences obtained by adding the one or more bits obtained from the memory to each of the bit sequences of the first set obtained from each of the memory cells of the first set (Fig. 12B; Para. 0168-0169, data bits for pixels connected to the same data line. The second pixel will have more bits added in sequence to the bits for the first pixel); and control each of the second light emission elements, to emit light using each of the second bit sequences obtained from each of the memory cells of the second set (Para. 0169). As to claim 11, Morris (Fig. 11) discloses the wearable device of claim 1, wherein the display includes: a plurality of light emission elements (1105) including the first light emission elements and the second light emission elements (first display area and second display area), a plurality of memory cells (1102) respectively connected to the plurality of light emission elements (1105), and memory (1144) different from the plurality of memory cells (1102), and wherein the display is configured to: obtain, from the information received from the at least one processor, a plurality of bit sequences (Para. 0161, 0166); in memory cells of a first set which are a portion of the plurality of memory cells respectively connected to the first light emission elements, respectively store, as the first bit sequences, the bit sequences of the first set (Para. 0166, pixels connected to the first data line); in memory cells of a second set which are another portion of the plurality of memory cells respectively connected to the second light emission elements, respectively store the second bit sequences obtained by removing one or more bits from each of the bit sequences of the second set (pixels connected to the second data line); control each of the first light emission elements, to emit light using each of the first bit sequences obtained from each of the memory cells of the first set (Para. 0159); and control each of the second light emission elements, to emit light using each of the second bit sequences obtained from each of the memory cells of the second set (Para. 0159). Morris does not disclose identify bit sequences of a first set and bit sequences of a second set from among the plurality of bit sequences. However, Buckley (Fig. 8) teaches identify bit sequences of a first set (MSBs) and bit sequences of a second set (LSBs) from among the plurality of bit sequences (Col. 22 lines 44-67). It would have been obvious to one of ordinary skill in the art to combine the teaching of Buckley to separate bits into subsets of bits in the device disclosed by Morris. The motivation would have been to precisely control the color value at pixel location (Col. 2 lines 30-35). As to claim 12, Morris in view of Buckley disclose the wearable device of claim 1, further comprising: at least one camera facing an eye of a user (Morris; Para. 0096), and wherein the first portion is identified based on a position of a gaze of the user identified from images obtained through the at least one camera (Buckley; Fig. 5B, Col. 14 lines 59-67). The above rejection also stands for the similar method of claim 19. As to claim 14, Morris discloses the wearable device of claim 1, wherein the display is further configured to identify the first portion from the information (Fig. 25; Para. 0218, pixel data). Claim(s) 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Morris and Buckley as applied to claims 1 and 14 above, and further in view of Ouderkirk et al. (US 2019/0295503 A1, hereinafter “Ouderkirk”). As to claim 15, Morris in view of Buckley does not disclose the wearable device of claim 14, wherein the information includes data for identifying the first portion outside an area for the image displayed on the display (Fig. 1 element 110; Para. 0038, display data for the region 110). However, Ouderkirk teaches wherein the information includes data for identifying the first portion outside an area for the image displayed on the display (Fig. 1 element 110; Para. 0038, display data for the region 110). It would have been obvious to one of ordinary skill in the art to combine the teaching of Ouderkirk to divide image into foveal and peripheral regions in the device disclosed by Morris/Buckley. The motivation would have been to reduce power consumption (Ouderkirk; Para. 0035). As to claim 17, Morris in view of Buckley does not disclose the wearable device of claim 1, wherein the first portion is a portion of an image configured to be recognized by a foveal vision of the user, and wherein the second portion is a portion of an image configured to be recognized by a peripheral vision of the user. However, Ouderkirk teaches wherein the first portion is a portion of an image configured to be recognized by a foveal vision of the user (Fig. 1 element 112), and wherein the second portion is a portion of an image configured to be recognized by a peripheral vision of the user (106; Para. 0044). It would have been obvious to one of ordinary skill in the art to combine the teaching of Ouderkirk to vary bit depths of the image data based on the gaze direction in the device disclosed by Morris. The motivation would have been to reduce power consumption (Ouderkirk; Para. 0035). Claim(s) 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Morris and Buckley as applied to claims 1 and 18 above, and further in view of Park et al. (US 2015/0181208 A1, hereinafter “Park”). As to claim 13, Morris discloses the wearable device of claim 1, further comprising: a rechargeable battery (Para. 0242). Morris does not disclose wherein the display is configured to: based on a remaining capacity of the battery being less than a reference capacity, display the image, by controlling each of the first light emission elements to emit light in accordance with the PWM scheme using each of the first bit sequences and controlling each of the second light emission elements to emit light in accordance with the PWM scheme using each of the second bit sequences; and based on the remaining capacity being greater than or equal to the reference capacity, display the image, by controlling each of the first light emission elements in accordance with the PWM scheme to emit light using each of the first bit sequences and controlling each of the second light emission elements to emit light in accordance with the PWM scheme using each of third bit sequences, wherein the third bit sequences have a bit depth equal to the bit depth of each of the first bit sequences. However, Park teaches wherein the display is configured to: based on a remaining capacity of the battery being less than a reference capacity, display the image, by controlling each of the first light emission elements to emit light in accordance with the PWM scheme using each of the first bit sequences and controlling each of the second light emission elements to emit light in accordance with the PWM scheme using each of the second bit sequences (Para. 0046); and based on the remaining capacity being greater than or equal to the reference capacity, display the image, by controlling each of the first light emission elements in accordance with the PWM scheme to emit light using each of the first bit sequences and controlling each of the second light emission elements to emit light in accordance with the PWM scheme using each of third bit sequences, wherein the third bit sequences have a bit depth equal to the bit depth of each of the first bit sequences (para. 0045, 0069). It would have been obvious to one of ordinary skill in the art to combine the teaching of Park to operate in low-power mode in the device disclosed by Morris/Buckley. The motivation would have been to reduce power consumption (Park; Para. 0038). The above rejection also stands for the similar method of claim 20. Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Morris and Buckley as applied to claim 1 above, and further in view of Song et al. (US 2008/0204438 A1, hereinafter “Song”). As to claim 16, Morris in view of Buckley does not disclose the wearable device of claim 1, wherein the display is configured to: based on a brightness level of a portion of an environment around the wearable device provided together with the image being lower than a reference brightness level, display the image, by controlling each of the first light emission elements to emit light in accordance with the PWM scheme using each of the first bit sequences and controlling each of the second light emission elements to emit light in accordance with the PWM scheme using each of the second bit sequences; based on the brightness level being greater than the reference brightness level, display the image, by controlling each of the first light emission elements to emit light in accordance with the PWM scheme using each of the first bit sequences and controlling each of the second light emission elements to emit light in accordance with the PWM scheme using each of third bit sequences having a bit depth equal to the bit depth of each of the first bit sequences. However, Song teaches wherein the display is configured to: based on a brightness level of a portion of an environment around the wearable device provided together with the image being lower than a reference brightness level, display the image, by controlling each of the first light emission elements to emit light in accordance with the PWM scheme using each of the first bit sequences and controlling each of the second light emission elements to emit light in accordance with the PWM scheme using each of the second bit sequences (Para. 0049, 0051); based on the brightness level being greater than the reference brightness level, display the image, by controlling each of the first light emission elements to emit light in accordance with the PWM scheme using each of the first bit sequences and controlling each of the second light emission elements to emit light in accordance with the PWM scheme using each of third bit sequences having a bit depth equal to the bit depth of each of the first bit sequences (Para. 0048-0051). It would have been obvious to one of ordinary skill in the art to combine the teaching of Song to adjust the emission signal based on ambient light in the device disclosed by Morris/Buckley. The combination would have merely yielded predictable results of adjusting brightness for better view. Allowable Subject Matter Claims 2-6 are 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: The prior art alone, or in an obvious combination does not disclose the limitation “obtain each of the second bit sequences by bypassing adding the one or more bits to each of bit sequences of a second set obtained from another portion of the plurality of memory cells respectively connected to the second light emission elements” when combined with other limitations of the claim. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant‘s disclosure. Choi et al. (US 11,209,656 B1) discloses changing luminance levels based on gaze direction (Fig. 12A). Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BIPIN GYAWALI whose telephone number is (571)272-1597. The examiner can normally be reached M-F 8:00-4:30 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, Will Boddie can be reached at 571-272-0666. 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. BIPIN GYAWALI Primary Examiner Art Unit 2625 /BIPIN GYAWALI/Primary Examiner, Art Unit 2625
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Prosecution Timeline

Oct 24, 2025
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §103
Aug 13, 2026
Interview Requested
Aug 24, 2026
Applicant Interview (Telephonic)
Aug 26, 2026
Examiner Interview Summary
Sep 08, 2026
Response Filed
Oct 16, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
59%
Grant Probability
60%
With Interview (+0.7%)
2y 10m (~1y 10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 394 resolved cases by this examiner. Grant probability derived from career allowance rate.

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