Office Action Predictor
Last updated: April 15, 2026
Application No. 18/511,505

IMAGE DISPLAY DEVICE

Non-Final OA §103§DP
Filed
Nov 16, 2023
Examiner
DABBI, JYOTSNA V
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nichia Corporation
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
3y 4m
To Grant
85%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
333 granted / 541 resolved
-6.4% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
38 currently pending
Career history
579
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
57.6%
+17.6% vs TC avg
§102
19.5%
-20.5% vs TC avg
§112
19.5%
-20.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 541 resolved cases

Office Action

§103 §DP
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Drawings The drawings with 14 Sheets of Figs. 1-14 received on 11/16/2023 are acknowledged and accepted. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. Claims 1,9-15,17, rejected on the ground of nonstatutory double patenting as being unpatentable over claim1,3-9,12,13, of U.S. Patent No. 12535680 (#18/538,112) in view of Nagano et al (US 2019/0235240) since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent. The patent and the application are claiming common subject matter, as follows: #18511505 U.S. Patent No. 12535680 (#18/538,112) Claim 1: An image display device comprising: a first display device configured to display a first image; an imaging optical system comprising: an input element configured to receive light emitted from the first display device, and an output element configured to receive light traveling via the input element and to emit light to form a real image corresponding to the first image; wherein: the imaging optical system is substantially telecentric at a real image side, the first display device is configured such that the light emitted from the first display device exhibits a substantially Lambertian light distribution; Claim 9: the first display device is configured such that the light emitted from the first display device exhibits a light distribution pattern in which a luminous intensity in a direction of an angle θ with respect to an optical axis of the light emitted from the first display device is approximated by cosn times a luminous intensity at the optical axis, and n is a value greater than 0. Claim 1: A light source unit comprising: a display device configured to emit light having a substantially Lambertian light distribution and to display an image, an imaging optical system comprising: an input element on which light emitted from the display device is incident, and an output element on which light traveling via the input element is incident, light emitted from the output element forming a first image corresponding to the image, wherein: the imaging optical system is substantially telecentric at a first image side; wherein the light emitted from the display device has a light distribution pattern in which a luminous intensity in a direction of an angle 0 with respect to an optical axis of the light emitted from the display device is approximated by cos" 0 times a luminous intensity at the optical axis, wherein n is a value greater than 0. the display device comprising a plurality of pixels arranged in a matrix configuration in a same plane, wherein pixels among the plurality of pixels located at an outermost perimeter are arranged so that straight lines connecting centers of the pixels located at the outermost perimeter do not form a rectangle; However, US 12535680 does not teach a second display device configured to display a second image; an optical member configured to reflect light emitted from the imaging optical system; and the imaging optical system and the optical member are configured such that the real image is formed between the imaging optical system and the optical member. Nagano teaches the limitations and it would have been obvious to combine the current application with Nagano for the purposes of using a common HUD display details. Claim 10: wherein: n is not more than 11. Claim 3: wherein: n is not more than 11. Claim 11: the first display device is an LED display comprising a plurality of LED elements. Claim 4: each of the plurality of pixels comprises a light emitting diode element. Claim 12: the LED elements are configured to emit light that exhibits a substantially Lambertian light distribution. Claim 5: light emitted from each light emitting diode element has a substantially Lambertian light distribution. Claim 13: the first display device further comprises a wavelength conversion member located on the LED elements; and the wavelength conversion member is configured to receive the light emitted from the LED elements. Claim 6: the display device comprises a wavelength conversion member located on the light emitting diode elements. Claim 14: the imaging optical system comprises: a bending part comprising the input element, and a direction modifying part comprising the output element; wherein: the bending part is configured to bend a plurality of chief rays that have been emitted from mutually-different positions of the first display device and have intersected each other before being incident on the input element, and to form the real image; the bending part is configured to bend the plurality of chief rays to be substantially parallel to each other before and after forming the real image; and the direction modifying part is configured to modify a travel direction of the plurality of chief rays traveling via the bending part to be oriented toward a formation position of the real image. Claim 7: the imaging optical system comprises a bending part comprising the input element, the bending part being configured to bend a plurality of main rays from mutually- different positions of the display device such that the main rays cross each other before being incident on the input element and reaching the first image, and the bending part are configured to bend the plurality of main rays to be substantially parallel to each other before and after the first image. Claim 8: wherein: the imaging optical system further comprises a direction modifying part comprising the output element, the direction modifying part being configured to modify a travel direction of the plurality of main rays so that the plurality of main rays traveling via the bending part are oriented toward a formation position of the first image. Claim 15: a light-shielding member located between the first display device and the imaging optical system; wherein: the light-shielding member has an aperture through which a first portion of light from the first display device toward the imaging optical system passes; the light-shielding member is configured to shield a second portion of the light from the first display device traveling toward the imaging optical system. Claim 9: a light-shielding member located between the display device and the imaging optical system, the light-shielding member comprising an aperture located such that a first portion of light from the display device toward the imaging optical system passes through the aperture, and a second portion of the light from the display device toward the imaging optical system is shielded by the light-shielding member. Claim 17: a vehicle; and the image display device according to claim 1, mounted in the vehicle. Claim 12: a vehicle; and the image display device according to claim 11 located in the vehicle. Claim 1: An image display device comprising: a first display device configured to display a first image; an imaging optical system comprising: an input element configured to receive light emitted from the first display device, and an output element configured to receive light traveling via the input element and to emit light to form a real image corresponding to the first image; wherein: the imaging optical system is substantially telecentric at a real image side, the first display device is configured such that the light emitted from the first display device exhibits a substantially Lambertian light distribution; Claim 9: the first display device is configured such that the light emitted from the first display device exhibits a light distribution pattern in which a luminous intensity in a direction of an angle θ with respect to an optical axis of the light emitted from the first display device is approximated by cosn times a luminous intensity at the optical axis, and n is a value greater than 0. Claim 13: A light source unit comprising:a display device configured to emit light having a substantially Lambertian light distribution and to display an image,; and an imaging optical system comprising: an input element on which light emitted from the display device is incident, and an output element on which light traveling via the input element is incident, light emitted from the output element forming a first image corresponding to the image, wherein: the imaging optical system is substantially telecentric at a first image side; wherein the light emitted from the display device has a light distribution pattern in which a luminous intensity in a direction of an angle 0 with respect to an optical axis of the light emitted from the display device is approximated by cos" 0 times a luminous intensity at the optical axis, wherein n is a value greater than 0. wherein the display device comprises a plurality of pixels arranged at a same curved surface However, US 12535680 does not teach a second display device configured to display a second image; an optical member configured to reflect light emitted from the imaging optical system; and the imaging optical system and the optical member are configured such that the real image is formed between the imaging optical system and the optical member. Nagano teaches the limitations and it would have been obvious to combine the current application with Nagano for the purposes of using a common HUD display details. Furthermore, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968). See also MPEP § 804. Claims 1,9-13-16, provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim claims 1-5,7-10,15, of copending Application No. #18/691,498 in view of Nagano et al (US 2019/0235240). Although the claims at issue are not identical, they are not patentably distinct from each other because: #18/511505 #18/691,498(copending) Claim 1: An image display device comprising: a first display device configured to display a first image; an imaging optical system comprising: an input element configured to receive light emitted from the first display device, and an output element configured to receive light traveling via the input element and to emit light to form a real image corresponding to the first image; wherein: the imaging optical system is substantially telecentric at a real image side, the first display device is configured such that the light emitted from the first display device exhibits a substantially Lambertian light distribution; and a second display device configured to display a second image; an optical member configured to reflect light emitted from the imaging optical system; and the imaging optical system and the optical member are configured such that the real image is formed between the imaging optical system and the optical member. Claim 1 A light source unit, comprising: a display device configured to emit light having a substantially Lambertian light distribution and to display an image; and an imaging optical system comprising: an input element on which light emitted from the display device is incident, and an output element on which light traveling via the input element is incident, the output element being configured to emit light forming a first image corresponding to the image, wherein: the imaging optical system is substantially telecentric at the first image side. However, #18/698,498 does not teach and a second display device configured to display a second image; an optical member configured to reflect light emitted from the imaging optical system; and the imaging optical system and the optical member are configured such that the real image is formed between the imaging optical system and the optical member. Nagano teaches the limitations and it would have been obvious to combine the current application with Nagano for the purposes of using a common HUD display details. Claim 9: the first display device is configured such that the light emitted from the first display device exhibits a light distribution pattern in which a luminous intensity in a direction of an angle θ with respect to an optical axis of the light emitted from the first display device is approximated by cosn times a luminous intensity at the optical axis, and n is a value greater than 0. Claim 2: wherein: the light emitted from the display device has a light distribution pattern in which a luminous intensity in a direction of an angle 0 with respect to an optical axis of the light emitted from the display device is approximated by cos"n times a luminous intensity at the optical axis, where n is a value greater than 0. Claim 10: wherein: n is not more than 11. Claim 3: wherein: n is not more than 11. Claim 11: the first display device is an LED display comprising a plurality of LED elements. Claim 4: the display device is an LED display, the LED display comprises a plurality of pixels, and LED elements are located in the pixels. Claim 12: the LED elements are configured to emit light that exhibits a substantially Lambertian light distribution. Claim 5: light emitted from each LED element has a substantially Lambertian light distribution. Claim 13: the first display device further comprises a wavelength conversion member located on the LED elements; and the wavelength conversion member is configured to receive the light emitted from the LED elements. Claim 7: the display device further comprises a wavelength conversion member located on the LED element, and light emitted from the LED element is incident on the wavelength conversion member. Claim 16: further comprising: a reflective polarizing element located in a part of an optical path between the first display device and the optical member; wherein: the first display device is configured to emit, from mutually-different positions of the first display device, a plurality of chief rays that are substantially parallel to each other in the part of the optical path and that pass through the real image; the reflective polarizing element is configured to transmit a first polarized light of the light emitted from the first display device, and to reflect a second polarized light of the light emitted from the first display device to return to the first display device. Claim 8: further comprising: a first reflective polarizing element located on the display device, wherein: the first reflective polarizing element is configured to transmit a first polarized light of the light emitted from the display device and to reflect a second polarized light of the light emitted from the display device. Claim 14: the imaging optical system comprises: a bending part comprising the input element, and a direction modifying part comprising the output element; wherein: the bending part is configured to bend a plurality of chief rays that have been emitted from mutually-different positions of the first display device and have intersected each other before being incident on the input element, and to form the real image; the bending part is configured to bend the plurality of chief rays to be substantially parallel to each other before and after forming the real image; and the direction modifying part is configured to modify a travel direction of the plurality of chief rays traveling via the bending part to be oriented toward a formation position of the real image. Claim 9: the imaging optical system comprises a bending part comprising the input element, the bending part being configured to bend a plurality of main rays from mutually- different positions of the display device such that the main rays cross each other before being incident on the input element and reaching the first image, and the bending part are configured to bend the plurality of main rays to be substantially parallel to each other before and after the first image. Claim 10: wherein: the imaging optical system further comprises a direction modifying part comprising the output element, the direction modifying part being configured to modify a travel direction of the plurality of main rays so that the plurality of main rays traveling via the bending part are oriented toward a formation position of the first image. Claim 15: a light-shielding member located between the first display device and the imaging optical system; wherein: the light-shielding member has an aperture through which a first portion of light from the first display device toward the imaging optical system passes; the light-shielding member is configured to shield a second portion of the light from the first display device traveling toward the imaging optical system. Claim 15: a light-shielding member located between the display device and the imaging optical system, the light-shielding member comprising an aperture located such that a first portion of light from the display device toward the imaging optical system passes through the aperture, and a second portion of the light from the display device toward the imaging optical system is shielded by the light-shielding member. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claims 1,9-16, provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5,7-10,15, of copending Application No. #18/543,762. Although the claims at issue are not identical, they are not patentably distinct from each other because: #18/511505 #18/543,762 (copending) Claim 1: An image display device comprising: a first display device configured to display a first image; an imaging optical system comprising: an input element configured to receive light emitted from the first display device, and an output element configured to receive light traveling via the input element and to emit light to form a real image corresponding to the first image; an optical member configured to reflect light emitted from the imaging optical system; and a second display device configured to display a second image; wherein: the imaging optical system is substantially telecentric at a real image side, the first display device is configured such that the light emitted from the first display device exhibits a substantially Lambertian light distribution; and the imaging optical system and the optical member are configured such that the real image is formed between the imaging optical system and the optical member. Claim 1: a light source unit comprising: a first display device configured to emit light having a substantially Lambertian light distribution and to display a first image, and an imaging optical system comprising: an input element on which light emitted from the first display device is incident, and an output element on which light traveling via the input element is incident, the output element being configured to emit light that forms a real image corresponding to the first image; a reflection unit separated from the light source unit, the reflection unit configured to reflect light emitted from the imaging optical system; a second display device configured to display a second image; and an image-forming element configured to display the second image in mid-air based on light emitted from the second display device; wherein: the imaging optical system is substantially telecentric at the real image side; and the output element is configured to emit the light so as to form the real image between the light source unit and the reflection unit. Claim 9: the first display device is configured such that the light emitted from the first display device exhibits a light distribution pattern in which a luminous intensity in a direction of an angle θ with respect to an optical axis of the light emitted from the first display device is approximated by cosn times a luminous intensity at the optical axis, and n is a value greater than 0. Claim 6: wherein: the light emitted from the display device has a light distribution pattern in which a luminous intensity in a direction of an angle 0 with respect to an optical axis of the light emitted from the display device is approximated by cos"n times a luminous intensity at the optical axis, where n is a value greater than 0. Claim 10: wherein: n is not more than 11. Claim 7: wherein: n is not more than 11. Claim 11: the first display device is an LED display comprising a plurality of LED elements. Claim 8: the display device is an LED display, the LED display comprises a plurality of pixels, and LED elements are located in the pixels. Claim 12: the LED elements are configured to emit light that exhibits a substantially Lambertian light distribution. Claim 9: wherein: light emitted from each LED element has a substantially Lambertian light distribution. Claim 13: the first display device further comprises a wavelength conversion member located on the LED elements; and the wavelength conversion member is configured to receive the light emitted from the LED elements. Claim 10: the first display device further comprises a wavelength conversion member located on the LED element, and light emitted from the LED element is incident on the wavelength conversion member. Claim 14: the imaging optical system comprises: a bending part comprising the input element, and a direction modifying part comprising the output element; wherein: the bending part is configured to bend a plurality of chief rays that have been emitted from mutually-different positions of the first display device and have intersected each other before being incident on the input element, and to form the real image; the bending part is configured to bend the plurality of chief rays to be substantially parallel to each other before and after forming the real image; and the direction modifying part is configured to modify a travel direction of the plurality of chief rays traveling via the bending part to be oriented toward a formation position of the real image. Claim 11: the imaging optical system comprises a bending part comprising the input element, the bending part being configured to bend a plurality of main rays from mutually- different positions of the display device such that the main rays cross each other before being incident on the input element and reaching the first image, and the bending part are configured to bend the plurality of main rays to be substantially parallel to each other before and after the first image. Claim 12: wherein: the imaging optical system further comprises a direction modifying part comprising the output element, the direction modifying part being configured to modify a travel direction of the plurality of main rays so that the plurality of main rays traveling via the bending part are oriented toward a formation position of the first image. Claim 15: a light-shielding member located between the first display device and the imaging optical system; wherein: the light-shielding member has an aperture through which a first portion of light from the first display device toward the imaging optical system passes; the light-shielding member is configured to shield a second portion of the light from the first display device traveling toward the imaging optical system. Claim 13: a light-shielding member located between the display device and the imaging optical system, the light-shielding member comprising an aperture located such that a first portion of light from the display device toward the imaging optical system passes through the aperture, and a second portion of the light from the display device toward the imaging optical system is shielded by the light-shielding member. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 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) 1,9-14,17, is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagano et al (US 2019/0235240 A1) in view of Kawamura et al (US 2007/0024977 A1, of record). Regarding Claim 1, Nagano teaches (fig 4) an image display device (HUD apparatus 1, para 47) comprising: a first display device (display device 30a, para 47) configured to display a first image (first virtual image 9a, para 50); an imaging optical system (first and second optical mirrors 41a,41b, para 48) comprising: an input element (first optical mirror 41a, para 48) configured to receive light emitted from the first display device (display device 30a, para 47), and an output element (second optical mirror 41b, para 48) configured to receive light traveling via the input element (first optical mirror 41a, para 48) and to emit light to form a real image (real image as first image light beam 6a is reflected by mirror 41b) corresponding to the first image (first virtual image 9a, para 50); an optical member (windshield 3, para 50) configured to reflect light emitted from the imaging optical system (first and second optical mirrors 41a,41b, para 48); and a second display device (second image display device 30b, para 47) configured to display a second image (second virtual image 9b, para 50); and the imaging optical system (first and second optical mirrors 41a,41b, para 48) and the optical member (windshield 3, para 50) are configured such that the real image (real image as first image light beam 6a is reflected by mirror 41b) is formed between the imaging optical system (first and second optical mirrors 41a,41b, para 48) and the optical member (windshield 3, para 50). However, Nagano does not teach wherein: the imaging optical system is substantially telecentric at a real image side, the first display device is configured such that the light emitted from the first display device exhibits a substantially Lambertian light distribution. Nagano and Kawamura are related as display apparatus. Kawamura teaches (fig 6) wherein: the imaging optical system (rear group 64 and front group 62, para 93) is substantially telecentric (“In the reduction light condensing optical system according to the present embodiment of the invention, both sides thereof are telecentric”, para 93), the display device (display apparatus, para 1, 85, 116) is configured such that the light emitted from the display device exhibits a substantially Lambertian light distribution (“in a case of the LEDs, it is known that generally the LEDs have the divergence characteristic of Lambert distribution”, para 57). 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 the display of Nagano to include the telecentric imaging system and Lambertian light distribution of Kawamura for the purpose of effectively condensing light with smaller irregularity as well as attain miniaturization and a thinner size (para 16). Regarding Claim 9, Nagano-Kawamura teach the image display device according to claim 1. However, Nagano does not teach wherein: the first display device is configured such that the light emitted from the first display device exhibits a light distribution pattern in which a luminous intensity in a direction of an angle θ with respect to an optical axis of the light emitted from the first display device is approximated by cosn times a luminous intensity at the optical axis, and n is a value greater than 0. Nagano and Kawamura are related as display apparatus. Kawamura teaches (fig 6) wherein: the display device (display apparatus, para 1, 85, 116) is configured such that the light emitted from the display device (display apparatus, para 1, 85, 116) exhibits a light distribution pattern in which a luminous intensity in a direction of an angle θ with respect to an optical axis of the light emitted from the display device (display apparatus, para 1, 85, 116) is approximated by cosn θ times a luminous intensity at the optical axis, and n is a value greater than 0 (“in a case of the LEDs, it is known that generally the LEDs have the divergence characteristic of Lambert distribution”, para 57, the current specification defines Lambertian distribution as a light distribution pattern in which a luminous intensity in a direction of an angle θ with respect to an optical axis of the light emitted from the display device is approximated by cosn θ times a luminous intensity at the optical axis, and n is a value greater than 0. Hence Kawamura teaches the current limitation. Also, “illumination of the LEDs in which a half-power angle relative to intensity distribution is .+-.60 degrees is realized”, para 72, this indicates cosn θ distribution, where n=1). 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 the display of Nagano to include d Lambertian light distribution of Kawamura for the purpose of effectively condensing light with smaller irregularity as well as attain miniaturization and a thinner size (para 16). Regarding Claim 10, Nagano-Kawamura teach the image display device according to claim 9. However, Nagano does not teach wherein: n is not more than 11. Nagano and Kawamura are related as display apparatus. Kawamura teaches (fig 6) wherein: n is not more than 11 (“illumination of the LEDs in which a half-power angle relative to intensity distribution is +-.60 degrees is realized”, para 72, this indicates cosn θ distribution, where n=1). 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 the display of Nagano to include light distribution being cosn times a luminous intensity at the optical axis with n not more than 11 of Kawamura for the purpose of effectively condensing light with smaller irregularity as well as attain miniaturization and a thinner size (para 16). Regarding Claim 11, Nagano-Kawamura teach the image display device according to claim 1, wherein: the first display device (display device 30a, para 47, Nagano) is an LED display comprising a plurality of LED elements (LED, para 39, “the first and second image display devices 30a and 30b have light sources 31a and 31b such as an LED”). Regarding Claim 12, Nagano-Kawamura teach the image display device according to claim 11. However, Nagano does not teach wherein: the LED elements are configured to emit light that exhibits a substantially Lambertian light distribution. Nagano and Kawamura are related as display apparatus. Kawamura teaches (fig 6) wherein: the LED elements are configured to emit light that exhibits a substantially Lambertian light distribution (“in a case of the LEDs, it is known that generally the LEDs have the divergence characteristic of Lambert distribution”, para 57). 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 the display of Nagano to include Lambertian light distribution of Kawamura for the purpose of effectively condensing light with smaller irregularity as well as attain miniaturization and a thinner size (para 16). Regarding Claim 13, Nagano-Kawamura teach the image display device according to claim 11. However, Nagano does not teach wherein: the first display device further comprises a wavelength conversion member located on the LED elements; and the wavelength conversion member is configured to receive the light emitted from the LED elements. Nagano and Kawamura are related as display apparatus. Kawamura teaches (fig 6) wherein: the display device (display apparatus, para 1, 85, 116) further comprises a wavelength conversion member located on the LED elements (LEDs, para 57); and the wavelength conversion member is configured to receive the light emitted from the LED elements (“it is possible to allow at least one of the light sources of the array light source 11 to have a plurality of luminescence sources in which the emission wavelength is different”, R, G, B, light sources, para 75) 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 the display of Nagano to include wavelength conversion member of Kawamura for the purpose of using color sources for effectively condensing light with smaller irregularity as well as attain miniaturization and a thinner size (para 16). Regarding Claim 14, Nagano-Kawamura teach the image display device according to claim 1, wherein: the imaging optical system (first and second optical mirrors 41a,41b, para 48, Nagano) comprises: a bending part comprising the input element (first optical mirror 41a, para 48), and a direction modifying part comprising the output element (second optical mirror 41b, para 48); wherein: the bending part (first optical mirror 41a, para 48) is configured to bend a plurality of chief rays that have been emitted from mutually-different positions (different positions as in fig 4, Nagano) of the first display device (display device 30a, para 47) (as in fig 4) and have intersected each other before being incident on the input element (first optical mirror 41a, para 48), and to form the real image (real image as first image light beam 6a is reflected by mirror 41b); the bending part (first optical mirror 41a, para 48) is configured to bend the plurality of chief rays to be substantially parallel to each other before and after (as in fig 4) forming the real image (real image as first image light beam 6a is reflected by mirror 41b); and the direction modifying part (second optical mirror 41b, para 48) is configured to modify a travel direction of the plurality of chief rays traveling via the bending part (first optical mirror 41a, para 48) (as in fig 4) to be oriented toward a formation position of the real image (real image as first image light beam 6a is reflected by mirror 41b). Regarding Claim 17, Nagano-Kawamura teach an automobile comprising: a vehicle (vehicle, para 10, fig 1); and the image display device according to claim 1, mounted in the vehicle. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagano et al (US 2019/0235240 A1) in view of Kawamura et al (US 2007/0024977 A1, of record) and further in view of You et al (US 2021/0382304 A1, of record). Regarding Claim 15, Nagano-Kawamura teach the image display device according to claim 1. However, Nagano-Kawamura does not teach further comprising: a light-shielding member located between the first display device and the imaging optical system; wherein: the light-shielding member has an aperture through which a first portion of light from the first display device toward the imaging optical system passes; the light-shielding member is configured to shield a second portion of the light from the first display device traveling toward the imaging optical system. Nagano-Kawamura and You are related as display apparatus. You teaches (fig 1, 14,15) further comprising: further comprising: a light-shielding member (aperture 50, para 136) located between the first display device (display panel 20, para 136) and the imaging optical system (optical elements 200,300,400, fig 1); wherein: the light-shielding member (aperture 50, para 136) has an aperture through which a first portion of light from the first display device (display panel 20, para 136) toward the imaging optical system (200,300,400, fig 1) passes; the light-shielding member (aperture 50, para 136) is configured to shield a second portion of the light from the first display device (display panel 20, para 136) traveling toward the imaging optical system (“from among the light emitted from the display panel 20, only the primary diffracted light may pass through the aperture 50, and the parallel light and high-order diffracted light emitted from the display panel 20 may not pass through the aperture 50”, para 136) 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 the display of Nagano-Kawamura to include aperture of You for the purpose of using a simple technique used in HUD for removing higher order diffracted light (para 136). Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagano et al (US 2019/0235240 A1) in view of Kawamura et al (US 2007/0024977 A1, of record) and further in view of Hirata et al (US 2024/0061240 A1, of record). Regarding Claim 16, Nagano-Kawamura teach the image display device according to claim 1, wherein: the first display device (display device 30a, para 47) is configured to emit, from mutually-different positions of the first display device (display device 30a, para 47), a plurality of chief rays that are substantially parallel to each other in the part of the optical path (parallel rays as in fig 4, Nagano) and that pass through the real image (real image as first image light beam 6a is reflected by mirror 41b); However, Nagano-Kawamura does not teach further comprising: a reflective polarizing element located in a part of an optical path between the first display device and the optical member; the reflective polarizing element is configured to transmit a first polarized light of the light emitted from the first display device, and to reflect a second polarized light of the light emitted from the first display device to return to the first display device. Nagano-Kawamura and Hirata are related as display apparatus. Hirata teaches (fig 3) further comprising: a reflective polarizing element (“reflection-type light polarizer 2140, para 42) located in a part of an optical path between the first display device (video display apparatus 4, para 42) and the optical member (reflection mirror 2110, para 42); the reflective polarizing element (“reflection-type light polarizer 2140, para 42) is configured to transmit a first polarized light (of the light emitted from the first display device (video display apparatus 4, para 42), and to reflect a second polarized light of the light (“reflection-type light polarizer 2140 configured to transmit S-polarization light but reflect P-polarization light”, para 42) emitted from the first display device (video display apparatus 4, para 42) to return to the first display device (video display apparatus 4, para 42). 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 the display of Nagano-Kawamura to include reflective polarizer of Hirata for the purpose of using a simple technique used in HUD for application to different automobile designs (para 42). Allowable Subject Matter Claims 2-8 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. Claim 2 is allowable for at least the reason: “wherein: the optical member is configured to transmit light emitted from the second display device; and light emitted from the imaging optical system and reflected by the optical member travels in a same direction as light emitted from the second display device and transmitted by the optical member” Claims 3-8 are dependent on claim 2 and hence allowable for at least the same reasons. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JYOTSNA V DABBI whose telephone number is (571)270-3270. The examiner can normally be reached M-Fri: 9:00am-5:00pm. 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, STEPHONE ALLEN can be reached at 571-272-2434. 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. /JYOTSNA V DABBI/Primary Examiner, Art Unit 2872 2/4/2026
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Prosecution Timeline

Nov 16, 2023
Application Filed
Feb 07, 2026
Non-Final Rejection — §103, §DP
Apr 03, 2026
Response Filed

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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
62%
Grant Probability
85%
With Interview (+23.7%)
3y 4m
Median Time to Grant
Low
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