Prosecution Insights
Last updated: April 19, 2026
Application No. 18/166,866

AERIAL DISPLAY APPARATUS

Non-Final OA §102
Filed
Feb 09, 2023
Examiner
BOURQUINE, MACKENZI TATE
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Toppan Holdings Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
3y 6m
To Grant
92%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
57 granted / 71 resolved
+12.3% vs TC avg
Moderate +12% lift
Without
With
+11.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
33 currently pending
Career history
104
Total Applications
across all art units

Statute-Specific Performance

§103
49.8%
+9.8% vs TC avg
§102
26.8%
-13.2% vs TC avg
§112
21.8%
-18.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 71 resolved cases

Office Action

§102
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Drawings The drawings filed on 02/09/2023 are acknowledged and accepted. Election/Restrictions Applicant’s election without traverse of Species A in the reply filed on 10/08/2025 is acknowledged. Claims 8-19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/08/2025. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. PNG media_image1.png 598 687 media_image1.png Greyscale Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimatani (US 20120268640 A1, foreign equivalent WO 2011052588 A1 available in the IDS dated 02/09/2023). With respect to Claim 1, Shimatani discloses an aerial display apparatus comprising: a display device (Fig. 2-- element 20B, liquid crystal display panel; [0030]) configured to display an image (Fig. 2—A; [0058]); an optical device (Fig. 2-- element 30, light guide element; [0030]) configured to allow light from the display device (Fig. 2-- element 20B, liquid crystal display panel; [0030]) to be transmitted therethrough (Fig. 2—light from element 20B is transmitted through element 30), and configured of a transparent material ([0056]: element 30 guides light from element 20B and Fig. 2—element 30 allows light from element 30 to pass through); and a mirror device (Fig. 2-- element 10, reflective imaging element ; [0030]) configured to reflect light from the optical device (Fig. 2-- element 30, light guide element; [0030]) and display an image in an aerial space on a side opposite to the optical device (Fig. 2-- element 30, light guide element; [0030]) (Fig. 2—element 10 reflects light from element 30 to display an image in the air on the opposite side as element 30), wherein the optical device (Fig. 2-- element 30, light guide element; [0030]) includes a first optical member (See annotated Fig. 2-- first optical member) having a first thickness (See annotated Fig. 2-- first thickness) and a second optical member (See annotated Fig. 2-- second optical member) having a second thickness (See annotated Fig. 2-- second thickness) greater than the first thickness (v See annotated Fig. 2—the second thickness is thicker than the first thickness). With respect to Claim 2, Shimatani discloses the aerial display apparatus according to claim 1, and further discloses wherein the first optical member (See annotated Fig. 2-- first optical member) and the second optical member (See annotated Fig. 2-- second optical member) have an identical refraction rate ([0056]: the first and second optical members are made of the same type of plurality of fibers). With respect to Claim 3, Shimatani discloses the aerial display apparatus according to claim 1, and further discloses wherein the optical device (Fig. 2-- element 30, light guide element; [0030]) is disposed in parallel (Fig. 2-- element 30 is arranged parallel to element 20B) with the display device (Fig. 2-- element 20B, liquid crystal display panel; [0030]). With respect to Claim 4, Shimatani discloses the aerial display apparatus according to claim 1, and further wherein the mirror device (Fig. 2-- element 10, reflective imaging element; [0030]) is disposed so as to be inclined (Fig. 2—element 10 is disposed at an angle compared to element 20B) with respect to the display device (Fig. 2-- element 20B, liquid crystal display panel; [0030]). With respect to Claim 5, Shimatani discloses the aerial display apparatus according to claim 1, and further discloses wherein the mirror device (Fig. 2-- element 10, reflective imaging element ; [0030]) includes a substrate (Fig. 3a-- element 11, substrate; [0035]) and a plurality of optical elements (Fig. 3a—element 13, unit imagine elements; [0036]), the optical elements (Fig. 3a—element 13, unit imagine elements; [0036]) being provided on a surface of the substrate (Fig. 3a-- element 11, substrate; [0035]) on a side of the optical device (Fig. 2-- element 30, light guide element; [0030]), and each of the optical elements (Fig. 3a—element 13, unit imagine elements; [0036]) is a rectangular parallelepiped (Fig. 3b—element 13 is rectangular parallelepiped), and includes first and second reflective surfaces, the first and second reflective surfaces (Fig. 3b—elements 14a and 14b, specular elements; [0037]) being configured to reflect light and being in contact with each other ([0037]: elements 14a and 14b are touching and reflect light). With respect to Claim 6, Shimatani discloses the aerial display apparatus according to claim 5, and further discloses wherein the first reflective surface (Fig. 3b—elements 14a, specular element; [0037]) is inclined with respect to a first direction (Fig. 2—from the perspective of element 20B, element 14b is inclined along a first direction in line with a side of element 20B), the first direction being along one side of the display device (Fig. 2-- element 20B, liquid crystal display panel; [0030]) in a horizontal plane of the mirror device (Fig. 2-- element 10, reflective imaging element ; [0030]). With respect to Claim 7, Shimatani discloses the aerial display apparatus according to claim 1, and further discloses comprising: a lighting device ([0023]: element 20B is a conventional LCD which utilizes a backlight) configured to produce light, wherein the display device (Fig. 2-- element 20B, liquid crystal display panel; [0030]) is a liquid crystal display device (Fig. 2-- element 20B, liquid crystal display panel; [0030]), and allows light from the lighting device to be transmitted therethrough ([0023]: element 20B is a conventional LCD which utilizes a backlight and allows light from said backlight to be emitted through the LCD to reach element 30). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Xu (US 20180164598 A1) discloses aspects of the instant invention, see Fig. 1 and [0088]-[0094]. Sakai (US 20130265646 A1) discloses aspects of the instant invention, see Fig. 1 and [0024]-[0040]. Kubara (US 20100265465 A1) discloses aspects of the instant invention, see Fig. 4 and [0078]-[0095]. Maekawa (US 20100231860 A1) discloses aspects of the instant invention, see Fig. 4 and [0036]-[0037]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACKENZI WADDELL whose telephone number is (571)272-5956. The examiner can normally be reached Monday - Friday 7:30 - 4:30 EST. 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, Pinping Sun can be reached at (571) 270-1284. 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. /MACKENZI WADDELL/ Examiner, Art Unit 2872 /WILLIAM R ALEXANDER/ Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Feb 09, 2023
Application Filed
Oct 27, 2025
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12596326
HOLOGRAPHIC OPTICAL DEVICE AND MANUFACTURING METHOD THEREFOR
2y 5m to grant Granted Apr 07, 2026
Patent 12593975
SYSTEM AND METHOD FOR DETERMINING REFRACTION FEATURES OF BOTH FIRST AND SECOND EYES OF A SUBJECT
2y 5m to grant Granted Apr 07, 2026
Patent 12566310
ACTUATOR FOR DRIVING ZOOM
2y 5m to grant Granted Mar 03, 2026
Patent 12560848
DISPLAY PANEL STRUCTURE AND DRIVING METHOD THEREFOR
2y 5m to grant Granted Feb 24, 2026
Patent 12554148
OPHTHALMIC OPTICAL SYSTEM, OPHTHALMIC DEVICE, AND OPHTHALMIC SYSTEM
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
92%
With Interview (+11.5%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 71 resolved cases by this examiner. Grant probability derived from career allow rate.

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