Prosecution Insights
Last updated: April 19, 2026
Application No. 18/381,719

AIR FLOATING VIDEO DISPLAY APPARATUS

Non-Final OA §103
Filed
Oct 19, 2023
Examiner
LEE, PAUL CHANG
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Maxell, Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
89%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
614 granted / 824 resolved
+6.5% vs TC avg
Moderate +14% lift
Without
With
+14.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
27 currently pending
Career history
851
Total Applications
across all art units

Statute-Specific Performance

§103
53.7%
+13.7% vs TC avg
§102
34.1%
-5.9% vs TC avg
§112
8.7%
-31.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 824 resolved cases

Office Action

§103
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 . Election/Restrictions Applicant’s election without traverse of Invention I, Species A1, and Species B1 (claims 1-7) in the reply filed on 1/13/2026 is acknowledged. However, Examiner notes that claim 6 is also withdrawn as being directed to non-elected Species A2. Claims 6 and 8-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/13/2026. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joseph et al. (U.S. 2012/0098941) in view of Bogle et al. (U.S. 2005/0280891) and Sulyok et al. (U.S. 2023/0004001). Regarding claim 1, Joseph discloses an air floating video display apparatus (100, Fig. 1; page 3, para [0023]; page 4, para [0032]) comprising: a video display (150, Fig. 1; page 3, para [0028]); and a retro-transmitting plate (rear sidewall 122 facing 150, Figs. 1 and 5; page 5, para [0039]) transmitting video light (155, Fig. 5; page 5, para [0039]) emitted from the video display (150, Fig. 5; page 3, para [0028]) to form an air floating video (160, Figs. 1 and 5; page 4, para [0032]), wherein a light path length (light path length from 150 to 130, Fig. 5; page 5, para [0039]) of video light (155, Fig. 5) having been emitted from a display surface of the video display (150, Fig. 5) through the retro-transmitting plate (122, Fig. 5) to a position of the air floating video (160, Figs. 1 and 5) changes depending on a position on the display surface of the video display from which the video light is emitted (light path length of 150 to 130 changes depending on a position on the display surface of the video display 150 from which the video light 155 is emitted, Fig. 5). Joseph does not expressly disclose wherein the video display (150, Fig. 5) is configured to change a light emission amount per unit area to depend on the light path length. However, Bogle teaches that an intensity of light decreases as its light path increases (page 2, para [0041]). Furthermore, Sulyok discloses an air floating video display apparatus (Fig. 19b; page 1, para [0001, 0005]; page 5, para [0052]) wherein a video display (1, Fig. 19b; page 9, para [0091]) is configured to adjust an intensity of emitted light in response to measuring an intensity ratio of the emitted light from a light path between an image display device and an optical element (page 4, para [0023] in order to provide a uniform image by setting a minimum intensity (page 4, para [0023]). Therefore, before the time of the effective filing of the claimed invention, it would have been obvious to one of ordinary skill in the art to configure the video display (Joseph: 150, Fig. 5) of Joseph to change a light emission amount per unit area that depends on the light path length by adjusting an intensity of the emitted light in response to measuring an intensity ratio of the emitted light from a light path between the video display (Joseph: 150, Fig. 5) and the projection screen (Joseph: 130, Fig. 5; page 5, para [0039]; Sulyok: page 4, para [0023] in order to obtain the benefits of providing a uniform image display by setting a minimum intensity as taught by Sulyok (page 4, para [0023]) and Bogle (page 2, para [0041]). Regarding claim 2, Joseph as modified by Bogle and Sulyok discloses an air floating video display apparatus with all the limitations above and further discloses where the video display (Joseph: 150, Fig. 5) and the retro-transmitting plate (Joseph: 122, Fig. 5) are arranged to make gradient of the light path length of the video light (Joseph: gradient light path length of 155 between 150 and 122, Fig. 5) at a position on the display surface of the video display (Joseph: display surface of 150, Fig. 5). Joseph as modified by Bogle and Sulyok does not expressly disclose that a video display region of the display surface of the video display (Joseph: 150, Fig. 5) is quadrangular, the video display (Joseph: 150, Fig. 5) and the retro-transmitting plate (Joseph: 122, Fig. 5) are arranged to make gradient of the light path length of the video light (Joseph: gradient light path length of 155 between 150 and 122, Fig. 5) at a position on the display surface of the video display (Joseph: display surface of 150, Fig. 5) of the video display in a first direction that is a direction along one side of the quadrangular shape, and the video display is configured to change the light emission amount per unit area to make gradient in a direction corresponding to the first direction on the display surface of the video display. However, official notice is taken that it is well known to one of ordinary skill in the art before the time of the effective filing of the claimed invention that a video display region of a display surface of a video display is quadrangular in order to form an image within a quadrangular resolution configuration. Furthermore, Bogle teaches that an intensity of light decreases as its light path increases (page 2, para [0041]) and Sulyok discloses an air floating video display apparatus (Fig. 19b; page 1, para [0001, 0005]; page 5, para [0052]) wherein a video display (1, Fig. 19b; page 9, para [0091]) is configured to adjust an intensity of emitted light in response to measuring an intensity ratio of the emitted light from a light path between an image display device and an optical element (page 4, para [0023] in order to provide a uniform image by setting a minimum intensity (page 4, para [0023]). Therefore, before the time of the effective filing of the claimed invention, it would have been obvious to one of ordinary skill in the art to configure the video display region of the display surface of the video display (Joseph: 150, Fig. 5) of Joseph as modified by Bogle and Sulyok to be quadrangular and to have the video display (Joseph: 150, Fig. 5) and the retro-transmitting plate (Joseph: 122, Fig. 5) arranged to make gradient of the light path length of the video light (Joseph: gradient light path length of 155 between 150 and 122, Fig. 5) at a position on the display surface of the video display (Joseph: display surface of 150, Fig. 5) in a first direction that is a direction along one side of the quadrangular shape, and the video display is configured to change the video emission amount of the video light (Joseph: 155, Fig. 5) to make gradient in a direction corresponding to the first direction on the display surface of the video display in order to obtain the benefits of providing a uniform image display by setting a minimum intensity as taught by Sulyok (page 4, para [0023]) and Bogle (page 2, para [0041]). Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joseph et al. (U.S. 2012/0098941) in view of Bogle et al. (U.S. 2005/0280891) and Sulyok et al. (U.S. 2023/0004001) as applied to claim 1 above and further in view of Zhang (CN 107102475). Regarding claim 3, Joseph as modified by Bogle and Sulyok discloses an air floating video display apparatus with all the limitations above and further discloses wherein the video display (Joseph: 150, Fig. 5) consists of a projector (Joseph: page 3, para [0028]), the video display (Joseph: 150, Fig. 5) with a light source unit (Joseph: projector emits image light 155 and therefore necessarily has a light source, Fig. 5) and the retro-transmitting plate (Joseph: 122, Fig. 5) are arranged to make gradient of the light path length of the video light (Joseph: gradient light path length of 155 between 150 and 122, Fig. 5) at a position on the display surface of the video display (Joseph: display surface of 150, Fig. 5). Joseph as modified by Bogle and Sulyok does not expressly disclose that the video display (Joseph: 150, Fig. 5) consists of a liquid crystal display panel and a diffusion plate, a video display region of the display surface of the video display is quadrangular, the video display (Joseph: 150, Fig. 5) and the retro-transmitting plate (Joseph: 122, Fig. 5) are arranged to make gradient of the light path length of the video light (Joseph: gradient light path length of 155 between 150 and 122, Fig. 5) at a position on the display surface of the video display (Joseph: display surface of 150, Fig. 5) of the video display in a first direction that is a direction along one side of the quadrangular shape, and a thickness of the diffusion plate is changed in a direction corresponding to the first direction on the display surface of the video display. However, official notice is taken that it is well known to one of ordinary skill in the art before the time of the effective filing of the claimed invention that a projector can be comprised of a liquid crystal display panel having a quadrangular display surface and a diffusion plate that can generate a uniform display image. Furthermore, Zhang discloses a diffusion plate (13, Fig. 1; page 14, para [0048]) having a thickness that is changed in a direction corresponding to a first direction of a surface of the diffusion plate (page 6, para [0019]) in order to provide a uniform diffusive effect along the surface of the diffusion plate. Therefore, before the time of the effective filing of the claimed invention, it would have been obvious to one of ordinary skill in the art to configure the projector (Joseph: 150, Fig. 5) of Joseph as modified by Bogle and Sulyok with a liquid crystal display panel having a quadrangular display surface and a diffusion plate having a gradient thickness across the surface of the diffusion plate such that the video display (Joseph: 150, Fig. 5) and the retro-transmitting plate (Joseph: 122, Fig. 5) are arranged to make gradient of the light path length of the video light (Joseph: gradient light path length of 155 between 150 and 122, Fig. 5) at a position on the display surface of the video display (Joseph: display surface of 150, Fig. 5) in a first direction that is a direction along one side of the quadrangular shape, and the thickness of the diffusion plate is changed in a direction corresponding to the first direction on the display surface of the video display in order to obtain the benefits of providing a uniformly illuminated video light (Joseph: 155, Fig. 5) as evidenced by Zhang (13, Fig. 1; page 14, para [0048]). Regarding claim 4, Joseph as modified by Bogle, Sulyok, and Zhang discloses an air floating video display apparatus with all the limitations of claim 3 above but does not expressly disclose that the light source unit (Joseph: projector 150 emits image light 155 and therefore necessarily has a light source, Fig. 5) is configured to change the light emission amount per unit area to make gradient in a direction corresponding to the first direction on the display surface of the video display. However, official notice is taken that it is well known to one of ordinary skill in the art before the time of the effective filing of the claimed invention that a light source unit can be configured to have a gradient emission of light across an emitting surface of the light source unit in order to provide uniform illumination across the emitting surface of the light source unit based on a changing illumination intensity from a gradient light path (Bogle: (page 2, para [0041]). Therefore, before the time of the effective filing of the claimed invention, it would have been obvious to one of ordinary skill in the art to configure the light source unit (Joseph: projector 150 emits image light 155 and therefore necessarily has a light source, Fig. 5) of Joseph as modified by Bogle, Sulyok, and Zhang to change the light emission amount per unit area to make gradient in a direction corresponding to the first direction on the display surface of the video display in order to obtain the benefits of providing uniform illumination across the emitting surface of the light source unit based on a changing illumination intensity from a gradient light path (Bogle: (page 2, para [0041]) as is well known in the art. Regarding claim 5, Joseph as modified by Bogle, Sulyok, and Zhang discloses an air floating video display apparatus with all the limitations of claim 4 above but does not expressly disclose wherein the light source unit (Joseph: projector 150 emits image light 155 and therefore necessarily has a light source, Fig. 5) includes a plurality of light source elements that are arranged at an equal interval, and the light source elements are configured to change driving currents of the light source elements in the direction corresponding to the first direction on the display surface of the video display (Joseph: 150, Fig. 5). However, official notice is taken that it is well known to one of ordinary skill in the art before the time of the effective filing of the claimed invention that a light source unit can be configured to have a plurality of light source elements that are arranged at an equal interval wherein the driving currents of the light source elements can be independently changed in the direction corresponding to a direction of a surface of the light source unit in order to provide uniform illumination across the emitting surface of the light source unit. Therefore, before the time of the effective filing of the claimed invention, it would have been obvious to one of ordinary skill in the art to configure the light source unit (Joseph: projector 150 emits image light 155 and therefore necessarily has a light source, Fig. 5) of Joseph as modified by Bogle, Sulyok, and Zhang to include a plurality of light source elements that are arranged at an equal interval, wherein the light source elements are configured to independently change driving currents of the light source elements in the direction corresponding to the first direction on the display surface of the video display (Joseph: 150, Fig. 5) that has the light path gradient in order to obtain the benefits of provide uniform illumination across the display surface of the video display (Joseph: 150, Fig. 5). Allowable Subject Matter Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: the prior art as presently searched does not disclose the air floating video display apparatus of claim 7 (having all the combination of features including wherein a video display region of the display surface of the video display is quadrangular, the video display and the retro-transmitting plate are arranged to make gradient of the light path length of the video light at a position on the display surface of the video display in a first direction that is a direction along one side of the quadrangular shape, and the retro-transmitting plate is configured to change a dimension in a direction crossing at a right angle to a direction corresponding to the first direction on the display surface of the video display). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL CHANG LEE whose telephone number is (571)270-7923. The examiner can normally be reached M-F 10am-6pm. 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, Michael H Caley can be reached at 571-272-2286. 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. /PAUL C LEE/Primary Examiner, Art Unit 2871
Read full office action

Prosecution Timeline

Oct 19, 2023
Application Filed
Jan 24, 2026
Non-Final Rejection — §103 (current)

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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
74%
Grant Probability
89%
With Interview (+14.1%)
2y 5m
Median Time to Grant
Low
PTA Risk
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