Prosecution Insights
Last updated: October 26, 2026
Application No. 19/388,414

HEAD MOUNTED DISPLAY APPARATUS INCLUDING EYE-TRACKING SENSOR AND OPERATING METHOD THEREOF

Final Rejection §103§DOUBLEPATENT
Filed
Nov 13, 2025
Priority
Dec 29, 2022 — RE 10-2022-0189637 +2 more
Examiner
BOLOTIN, DMITRIY
Art Unit
2623
Tech Center
2600 — Communications
Assignee
Samsung Electronics Co., Ltd.
OA Round
2 (Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
1y 4m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
929 granted / 1145 resolved
+19.1% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
12 currently pending
Career history
1168
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
22.4%
-17.6% vs TC avg
§112
18.1%
-21.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1145 resolved cases

Office Action

§103 §DOUBLEPATENT
DETAILED ACTION It would be of great assistance to the Office if all incoming papers pertaining to a filed application carried the following items: 1. Application number (checked for accuracy, including series code and serial no.). 2. Group art unit number (copied from most recent Office communication). 3. Filing date. 4. Name of the examiner who prepared the most recent Office action. 5. Title of invention. 6. Confirmation number (See MPEP § 503). Status of Claims Claims 1, 3, 15, 16, 18 and 19 have been amended, claim 2 has been canceled and claims 1 and 3 – 20 are now pending. 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. Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 19 of U.S. Patent No. 12,493,345. Although the claims at issue are not identical, they are not patentably distinct from each other because: Claim 1 of Instant Application Claim 1 of U.S. Patent No. 12,493,345 A head mounted display (HMD) apparatus comprising: a display; an optical lens adjacent to a first side of the display; at least one light source configured to emit light; and at least one eye-tracking sensor adjacent to a second side of the display and configured to obtain gaze information about a user based on the light emitted from the at least one light source, wherein the display comprises a second display region comprising second pixels, corresponding to a position of the at least one eye-tracking sensor, and a first display region comprising first pixels, other than the second display region, and wherein a number of the first pixels per unit area is greater than a number of the second pixels per unit area, wherein the first display region corresponds to a region of interest in which the user observes an image displayed on the display with central vision, and wherein the second display region is outside the region of interest. A head mounted display (HMD) apparatus comprising: a display; an optical lens adjacent to a first side of the display; at least one light source configured to emit light; and at least one eye-tracking sensor adjacent to a second side of the display and configured to obtain gaze information about a user by receiving reflected light, the reflected light being at least a portion of the light emitted from the at least one light source and reflected from an eye of the user, wherein the display comprises a second display region corresponding to a position of the at least one eye-tracking sensor, and a first display region other than the second display region, and wherein the first display region comprises first pixels and the second display region comprises second pixels, wherein a spacing between two adjacent pixels of the first pixels is less than a spacing between two adjacent pixels of the second pixels, wherein the first display region corresponds to a region of interest that has a reference radius corresponding to a reference angle, which is predetermined based on a center of the optical lens, and a distance between the eye of the user and the optical lens, and wherein the second display region is adjacent to the first display region and is outside the region of interest. Claim 1 of U.S. Patent No. 12,493,345 differs from that of claim 1 of Instant Application in that it discloses additional limitations and fails to explicitly disclose that a number of the first pixels per unit area is greater than a number of the second pixels per unit area and that the user observes an image displayed on the display with central vision, however claim 1 of U.S. Patent No. 12,493,345 does disclose that a spacing between two adjacent pixels of the first pixels is less than a spacing between two adjacent pixels of the second pixels and that the first display region has a reference radius corresponding to a reference angle, which is predetermined based on a center of the optical lens, and a distance between the eye of the user and the optical lens. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify that teachings of claim 1 of U.S. Patent No. 12,493,345 by removing additional limitations and using the teachings of difference in spacings between adjacent first and second pixels to realize that a number of the first pixels per unit area to be greater than a number of the second pixels per unit area while observing the image displayed on the display with central vision as a simple design choice alternative which would have only required a routine skill. Claim 3 of Instant Application is similarly rejected over claim 2 of U.S. Patent No. 12,493,345 with the only difference that claim 2 of U.S. Patent No. 12,493,345 does not describe the region of interest as circular. However, claim 2 of U.S. Patent No. 12,493,345 does disclose that the first display region corresponds to a region of interest that has a reference radius. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify that teachings of claim 2 of U.S. Patent No. 12,493,345 such that the region of interest was a circular region, with motivation to alternatively describe the region having a radius, wherein such modification would have only required a routine skill. Claim 4 of Instant Application is similarly rejected over claim 3 of U.S. Patent No. 12,493,345. Claim 5 of Instant Application is similarly rejected over claim 4 of U.S. Patent No. 12,493,345. Claim 6 of Instant Application is similarly rejected over claim 5 of U.S. Patent No. 12,493,345. Claim 7 of Instant Application is similarly rejected over claim 6 of U.S. Patent No. 12,493,345. Claim 8 of Instant Application is similarly rejected over claim 7 of U.S. Patent No. 12,493,345. Claim 9 of Instant Application is similarly rejected over claim 8 of U.S. Patent No. 12,493,345. Claim 10 of Instant Application is similarly rejected over claim 10 of U.S. Patent No. 12,493,345. Claim 11 of Instant Application is similarly rejected over claim 11 of U.S. Patent No. 12,493,345. Claim 12 of Instant Application is similarly rejected over claim 12 of U.S. Patent No. 12,493,345. Claim 13 of Instant Application is similarly rejected over claim 13 of U.S. Patent No. 12,493,345. Claim 14 of Instant Application is similarly rejected over claim 9 of U.S. Patent No. 12,493,345. Claim 15 of Instant Application is similarly rejected over claim 14 of U.S. Patent No. 12,493,345. Claim 16 of Instant Application is similarly rejected over claim 14 of U.S. Patent No. 12,493,345 with the only difference that claim 14 of U.S. Patent No. 12,493,345 does not describe the region of interest as circular. However, claim 14 of U.S. Patent No. 12,493,345 does disclose that the first display region corresponds to a region of interest that has a reference radius. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify that teachings of claim 14 of U.S. Patent No. 12,493,345 such that the region of interest was a circular region, with motivation to alternatively describe the region having a radius, wherein such modification would have only required a routine skill. Claim 17 of Instant Application is similarly rejected over claim 16 of U.S. Patent No. 12,493,345. Claim 18 of Instant Application is similarly rejected over claim 17 of U.S. Patent No. 12,493,345. Claim 19 of Instant Application is similarly rejected over claim 17 of U.S. Patent No. 12,493,345 with the only difference that claim 17 of U.S. Patent No. 12,493,345 does not describe the region of interest as circular. However, claim 17 of U.S. Patent No. 12,493,345 does disclose that the first display region corresponds to a region of interest that has a reference radius. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify that teachings of claim 17 of U.S. Patent No. 12,493,345 such that the region of interest was a circular region, with motivation to alternatively describe the region having a radius, wherein such modification would have only required a routine skill. Claim 20 of Instant Application is similarly rejected over claim 19 of U.S. Patent No. 12,493,345. 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) 1, 4 – 7,10 – 15, 17 – 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2022/0221721).in view of Ouyang et al. (US 20200204715). As to claim 1, Kim discloses a head mounted display (HMD) apparatus comprising: a display (DP of fig.1); an optical lens adjacent to a first side of the display (lenses LS1 and LS2 of fig. 1 adjacent to DP_FS of fig. 5); at least one light source configured to emit light (plurality of infrared light sources IFR_L1 and IFR_L4 of fig. 5 [0072]); and at least one eye-tracking sensor (plurality of infrared cameras IFR_C1 and IFR_C4 of fig. 5 [0073]) adjacent to a second side of the display (adjacent to DP_RS of fig. 5) and configured to obtain gaze information about a user based on the light emitted from the at least one light source (The plurality of infrared cameras IFR_C1, IFR_C2, IFR_C3, IFR_C4, IFR_C5, IFR_C6, IFR_C7, and IFR_C8 may sense infrared light IRL emitted from an infrared light source and reflected from the user's pupil PP [0077]), wherein the display comprises a second display region (regions TR of fig. 5), corresponding to a position of the at least one eye-tracking sensor (infrared cameras IFR_C1 and IFR_C4 of fig. 5), and a first display region other than the second display region (central region of DP corresponding to LS1 and LS2 other than TR of figs. 4 and 5), wherein the first display region (central region of DP corresponding to LS1 and LS2 other than TR of figs. 4 and 5) corresponds to a region of interest in which the user observes an image displayed on the display with central vision (a portion of DP_FS correspondent to lens LS1 or LS2 not including TRs on which the image and/or the video is displayed [0041 - 0042]), and wherein the second display region (region TR of figs. 1 – 6) is outside the region of interest (figs. 1 – 6), but fails to disclose that the first display region comprises first pixels and the second display region comprises second pixels, wherein a number of first pixels per unit area is greater than a number of second pixels per unit area. In the same filed of endeavor, Ouyang discloses a display apparatus comprising a camera element under display [0028 – 0031], wherein the first display region comprises first pixels (second display area [0031]) and the second display region comprises second pixels (first display area [0031]), and wherein a number of first pixels per unit area is greater than a number of second pixels per unit area (A pixel density of the first display area is lower than a pixel density of the second display area [0031]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim and the teachings of Ouyang, such that the number of first pixels per unit area was greater than a number of second pixels per unit area as disclosed by Ouyang, with motivation to improve user experience (Ouyang [0004]). As to claim 4 (dependent on 1), Kim discloses the HMD apparatus, wherein a cross-sectional area of the display (DP of fig. 5) is smaller than a cross-sectional area of the optical lens (LS1 of fig. 5). As to claim 5 (dependent on 1), Kim discloses the HMD apparatus, wherein the at least one eye-tracking sensor is further configured to obtain biometric information about the user by receiving reflected light (detecting position of user’s pupil [0075] is interpreted as to obtaining biometric information). As to claim 6 (dependent on 1), Kim discloses the HMD apparatus, wherein the display comprises: a substrate (SUB of fig. 7); a circuit layer on the substrate (circuit layer 111 – 113 of fig. 7); and a plurality of pixels on the circuit layer (pixels corresponding to PX of figs. 6 and 7), and wherein the first side of the display (DP_FS of fig. 1 – 7) is adjacent to the plurality of pixels (PX is adjacent to top side of fig. 7), and the second side of the display is adjacent to the substrate (bottom side is adjacent to SUB of fig. 7), but does not disclose that the plurality of pixel comprising the first pixels and the second pixels. In the same filed of endeavor, Ouyang discloses a display apparatus comprising a camera element under display [0028 – 0031], wherein the first display region comprises first pixels (second display area [0031]) and the second display region comprises second pixels (first display area [0031]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim and the teachings of Ouyang, such that the number of first pixels per unit area was greater than a number of second pixels per unit area as disclosed by Ouyang, with motivation to improve user experience (Ouyang [0004]). As to claim 7 (dependent on 6), Kim discloses the HMD apparatus, wherein the substrate (SUB of fig. 7) is above the at least one eye-tracking sensor (IFR_C1 of fig. 5), and wherein the at least one eye-tracking sensor overlaps an area of the substrate corresponding to an outside of the first display region (overlapping area TR1 of fig. 5 and 7). As to claim 10 (dependent on 1), Kim discloses the HMD apparatus, wherein a first distance between an eye of the user (EYE of fig. 5) and the optical lens (lens LS of fig. 5) is less than a second distance between the eyes of the user and the display (the eye of fig. 5 is closer to the lens LC than the display DP of fig. 5). As to claim 11 (dependent on 1), Kim discloses the HMD apparatus, wherein the display comprises a first display corresponding to a left eye of the user and a second display corresponding to a right eye of the user (left and right portions of the display of figs. 1, 2 and 4), wherein the optical lens comprises a first optical lens corresponding to the first display and a second optical lens corresponding to the second display (lenses LS1 and LS2 of figs. 1, 2 and 5), and wherein the at least one eye-tracking sensor comprises at least one first eye-tracking sensor corresponding to the first display (IFR_C1 of fig. 4) and at least one second eye-tracking sensor corresponding to the second display (IFR_C6 of fig. 4). As to claim 12 (dependent on 11), Kim discloses the HMD apparatus, wherein the at least one light source comprises at least one first eye-tracking light source corresponding to the first display (IFR_L1 of fig. 2) and at least one second eye-tracking light source corresponding to the second display (IFR_L6 of fig. 2). As to claim 13 (dependent on 1), Kim discloses the HMD apparatus, wherein a transmittance of the second display region is greater than a transmittance of the first display region (pixels are not disposed in the transmissive region [0099 - 0100]). As to claim 14 (dependent on 6), Kim discloses the HMD apparatus, wherein each of the plurality of pixels comprises an organic light emitting diode (DP may be an organic light-emitting display panel using an organic light-emitting diode [0046]). As to claim 15, Kim discloses a head mounted display (HMD) apparatus (fig. 1 and 5) comprising: a display (DP of fig. 5); an optical lens (lens LS1 and LS2 of figs. 1 and 5) adjacent to a first side of the display (DP_FS of fig. 5); at least one light source configured to emit light (plurality of infrared light sources IFR_L1 and IFR_L4 of fig. 5 [0072]); at least one eye-tracking sensor (plurality of infrared cameras IFR_C1 and IFR_C4 of fig. 5 [0073]) adjacent to a second side of the display (DP_RS of fig. 5) a memory storing at least one instruction (a control unit for controlling an overall operation of the display device 1 [0052 – 0053], inherently comprises a memory); and at least one processor configured to execute the at least one instruction to obtain gaze information about the user (a processor [0052 - 0053], identifying gaze direction [0175]) based on the light emitted from the at least one light source (The plurality of infrared cameras IFR_C1, IFR_C2, IFR_C3, IFR_C4, IFR_C5, IFR_C6, IFR_C7, and IFR_C8 may sense infrared light IRL emitted from an infrared light source and reflected from the user's pupil PP [0077]), wherein the display comprises a second display region (regions TR of fig. 5) corresponding to a position of the at least one eye-tracking sensor (infrared cameras IFR_C1 and IFR_C4 of fig. 5), and a first display region other than the second display region (central region of DP corresponding to LS1 and LS2 other than TR of figs. 4 and 5), wherein the first display region (central region of DP corresponding to LS1 and LS2 other than TR of figs. 4 and 5) corresponds to a region of interest in which the user observes an image displayed on the display with central vision (a portion of DP_FS correspondent to lens LS1 or LS2 not including TRs on which the image and/or the video is displayed [0041 - 0042]), and wherein the second display region (region TR of figs. 1 – 6) is outside the region of interest (figs. 1 – 6), but fails to disclose that the first display region comprises first pixels and the second display region comprises second pixels, wherein a number of first pixels per unit area is greater than a number of second pixels per unit area. In the same filed of endeavor, Ouyang discloses a display apparatus comprising a camera element under display [0028 – 0031], wherein the first display region comprises first pixels (second display area [0031]) and the second display region comprises second pixels (first display area [0031]), and wherein a number of first pixels per unit area is greater than a number of second pixels per unit area (A pixel density of the first display area is lower than a pixel density of the second display area [0031]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim and the teachings of Ouyang, such that the number of first pixels per unit area was greater than a number of second pixels per unit area as disclosed by Ouyang, with motivation to improve user experience (Ouyang [0004]). As to claim 17 (dependent on 15), Kim discloses the HMD apparatus, wherein the display comprises a first display corresponding to a left eye of the user and a second display corresponding to a right eye of the user (left and right portions of the display of figs. 1, 2 and 4), wherein the optical lens comprises a first optical lens corresponding to the first display and a second optical lens corresponding to the second display (lenses LS1 and LS2 of figs. 1, 2 and 5), wherein the at least one eye-tracking sensor comprises at least one first eye-tracking sensor corresponding to the first display (IFR_C1 of fig. 4) and at least one second eye-tracking sensor corresponding to the second display(IFR_C6 of fig. 4), and wherein the at least one light source comprises at least one first eye-tracking light source corresponding to the first display (IFR_L1 of fig. 2) and at least one second eye-tracking light source corresponding to the second display (IFR_L6 of fig. 2). As to claim 18, Kim discloses an operating method of a head mounted display (HMD) apparatus (fig. 1) comprising a display and an optical lens (lenses LS1 and LS2 of fig. 1 adjacent to DP_FS of fig. 5) adjacent to a first side of the display (DP_FS of figs. 1 – 5), the operating method comprising: emitting, by at least one light source of the HMD apparatus (plurality of infrared light sources IFR_L1 and IFR_L4 of fig. 5 [0072]), light toward eyes of a user (light toward pupil PP of fig. 5); obtaining, by at least one eye-tracking sensor of the HMD apparatus (by plurality of infrared cameras IFR_C1 and IFR_C4 of fig. 5 [0073]) adjacent to a second side of the display (DP_RS of figs. 1 – 5), gaze information about the user based on the emitted light (an infrared camera that receives infrared light reflected from the user's pupil PP may be changed depending on the gaze direction of the user and/or the position of the user's pupil PP [0087], obtaining gaze direction [0087 – 0088], [0157]), wherein the display comprises a second display region (regions TR of fig. 5) corresponding to a position where the at least one eye-tracking sensor (infrared cameras IFR_C1 and IFR_C4 of fig. 5), and a first display region other than the second display region (central region of DP corresponding to LS1 and LS2 other than TR of figs. 4 and 5), wherein the first display region (central region of DP corresponding to LS1 and LS2 other than TR of figs. 4 and 5) corresponds to a region of interest in which the user observes an image displayed on the display with central vision (a portion of DP_FS correspondent to lens LS1 or LS2 not including TRs on which the image and/or the video is displayed [0041 - 0042]), and wherein the second display region (region TR of figs. 1 – 6) is outside the region of interest (figs. 1 – 6), but fails to disclose that the first display region comprises first pixels and the second display region comprises second pixels, wherein a number of first pixels per unit area is greater than a number of second pixels per unit area. In the same filed of endeavor, Ouyang discloses a display apparatus comprising a camera element under display [0028 – 0031], wherein the first display region comprises first pixels (second display area [0031]) and the second display region comprises second pixels (first display area [0031]), and wherein a number of first pixels per unit area is greater than a number of second pixels per unit area (A pixel density of the first display area is lower than a pixel density of the second display area [0031]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim and the teachings of Ouyang, such that the number of first pixels per unit area was greater than a number of second pixels per unit area as disclosed by Ouyang, with motivation to improve user experience (Ouyang [0004]). As to claim 20 (dependent on 18), Kim discloses operating method, wherein the display comprises a first display corresponding to a left eye of the user and a second display corresponding to a right eye of the user (left and right portions of the display of figs. 1, 2 and 4), wherein the optical lens comprises a first optical lens corresponding to the first display and a second optical lens corresponding to the second display (lenses LS1 and LS2 of figs. 1, 2 and 5), wherein the at least one eye-tracking sensor comprises at least one first eye-tracking sensor corresponding to the first display (IFR_C1 of fig. 4) and at least one second eye-tracking sensor corresponding to the second display (IFR_C6 of fig. 4), and wherein the at least one light source comprises at least one first eye-tracking light source corresponding to the first display (IFR_L1 of fig. 2) and at least one second eye-tracking light source corresponding to the second display (IFR_L6 of fig. 2). Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Ouyang and Song et al. (US 2022/0229296). As to claim 8 (dependent on 6) and claim 9 (dependent on 8), Kim discloses the HMD apparatus, wherein the substrate (SUB of fig. 7) is near the at least one light source (IFR_L1 of fig. 5 in relation to display DP of fig. 5), and wherein the at least one light source overlaps an area of the substrate (IFR_L1 of fig. 5 overlaps DP of fig. 5) , and the second display region is a transparent region (region TP of figs 5 and 6); wherein the second display region comprises a first sub-display region and a second sub-display region (regions TR may be divided into multiple sub-regions TR1 and TR4 of fig. 5) and the at least one eye-tracking sensor (IFR_C1 of fig. 5) is in the first sub-display region (TR1 of fig. 5), but Kim in view of Ouyang fails to disclose the display substrate is above the at least one light source, the overlap corresponds to the transparent region, the at least one light source is in the second sub-display region. In the same filed of endeavor, Song discloses an HMD apparatus (fig. 12) wherein display device (waveguide 240 of fig. 12) is above the at least one light source (light emission part 250_1 of fig. 12), the overlap corresponds to the transparent region (region TA of fig. 12), the at least one light source is in the second sub-display region (as shown in fig. 12, the light source 250_1 is in a sub-region of TA). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kim in view of Ouyang and the teachings of Song, such that the light source was disposed below the substrate in a second sub-region of the transparent region, with motivation to provide a simple design choice alternative for the location of illumination source placement which was well know and would have only required a routine skill. Response to Arguments Applicant’s arguments, see Remarks, filed 09/11/2026, with respect to claims 1, 15 and 18 have been fully considered and are persuasive. The rejection of claims under 35 USC § 103 of claims 1 and 3 – 20 has been withdrawn. Applicant's arguments with response to Double Patenting rejection filed 09/11/2026, a Terminal Disclaimer if required to overcome outstanding Double Patenting rejection. Applicant's arguments filed 09/11/2026 have been fully considered but they are not persuasive. As to Applicant’s argument that Kim fails to disclose wherein the first display region corresponds to a region of interest in which the user observes an image displayed on the display with central vision, and wherein the second display region is outside the region of interest, the Examiner respectfully disagrees. Kim discloses a first display region (region of DP corresponding to LS1 and LS2 other than TR of figs. 4 and 5) corresponds to a region of interest in which the user observes an image displayed on the display with central vision (a portion of DP_FS correspondent to lens LS1 or LS2 not including TRs on which the image and/or the video is displayed [0041 - 0042]), and wherein the second display region (region TR of figs. 1 – 6) is outside the region of interest (regions TR are outside of a portion of DP_FS correspondent to lens LS1 or LS2 not including TRs on which the image and/or the video is displayed, figs. 1 – 6). Only a portion of DP_FS of Kim, in which the user observes an image displayed on the display with central vision is interpreted to correspond to the region of interest. Conclusion THIS ACTION IS MADE FINAL. 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 DMITRIY BOLOTIN whose telephone number is (571)270-5873. The examiner can normally be reached M-F 9AM - 5PM. 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, Chanh Nguyen can be reached at (571)272-7772. 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. /DMITRIY BOLOTIN/ Primary Examiner, Art Unit 2623
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Prosecution Timeline

Nov 13, 2025
Application Filed
Jun 12, 2026
Non-Final Rejection mailed — §103, §DOUBLEPATENT
Sep 11, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §103, §DOUBLEPATENT (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12770465
DYNAMICALLY TRACKING GAMING ESTABLISHMENT DEVICE TRANSACTIONS
2y 7m to grant Granted Oct 20, 2026
Patent 12754704
NEAR EYE DISPLAY APPARATUS
2y 10m to grant Granted Oct 06, 2026
Patent 12752198
NON-TRANSITORY COMPUTER READABLE MEDIUM, INFORMATION PROCESSING METHOD, AND GAME DEVICE
2y 5m to grant Granted Oct 06, 2026
Patent 12748486
INPUT AND OUTPUT HANDOFFS BETWEEN HEAD-WORN DEVICES AND WRIST-WORN DEVICES, AND SYSTEMS AND METHODS OF USE THEREOF
1y 4m to grant Granted Sep 29, 2026
Patent 12743177
FLAT PANEL DISPLAY WITH INTEGRATED TOUCH SCREEN PANEL
1y 3m to grant Granted Sep 22, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
81%
Grant Probability
94%
With Interview (+12.8%)
2y 3m (~1y 4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1145 resolved cases by this examiner. Grant probability derived from career allowance rate.

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