Prosecution Insights
Last updated: April 19, 2026
Application No. 18/629,176

MOBILE HOLOGRAM APPARATUS

Non-Final OA §103
Filed
Apr 08, 2024
Examiner
PASKO, NICHOLAS R
Art Unit
2896
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Virtual Marketing LLC
OA Round
3 (Non-Final)
64%
Grant Probability
Moderate
3-4
OA Rounds
2y 9m
To Grant
92%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
374 granted / 580 resolved
-3.5% vs TC avg
Strong +27% interview lift
Without
With
+27.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
40 currently pending
Career history
620
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
36.4%
-3.6% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
28.1%
-11.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 580 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/26/2026 has been entered. 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) 1-11 and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hen (German Pub. No. DE 10 2015 217 889 A1; hereinafter – “Hen’889”) in view of Vrachan et al. (U.S. PG-Pub No. 2008/0051933; hereinafter – “Vrachan”). All citations to Hen’889 are directed toward the English machine translation of the German document, provided as a reference. Regarding claim 1, Hen’889 teaches a hologram display system comprising: a hologram apparatus including a sheet (102) folded along preformed creases into a frustum structure configured to be actuated between a compressed state and an uncompressed state, the frustum structure having a base section and a top section connected side sections (See e.g. Figs. 1, 5, 12, and 15-21; Paragraphs 0050-0051, and 0072-0077); and instructions stored in a memory of a consumer device, which when executed, cause a processor of the consumer device to: receive, from a server, holographic interactive content that is related to the hologram apparatus (See e.g. Figs. 1-11 and 13-14; Paragraphs 0054-0056, 0071, and 0082-0087); display, on a screen of the consumer device, the holographic interactive content (See e.g. Figs. 1-11 and 13-14; Paragraphs 0015-0016, 0021, 0054-0056, 0070-0071, and 0078), detect interaction with at least one of the holographic interactive content or the hologram apparatus after the hologram apparatus is placed on the screen of the consumer device (See e.g. Figs. 1-11 and 13-14; Paragraphs 0015-0016, 0021, 0054-0056, 0070-0071, and 0078), track the interaction with the at least one of the holographic interactive content or the hologram apparatus (See e.g. Figs. 1-11 and 13-14; Paragraphs 0012-0016, 0053-0056, 0070-0071, 0078, 0082-0089), transmit at least one message from the consumer device to the server indicative of the tracked interaction (See e.g. Figs. 1-11 and 13-14; Paragraphs 0012-0016, 0053-0056, 0070-0071, 0078, 0082-0089), and receive, from the server responsive to the at least one message, website content configured for reading from the screen of the consumer device without the hologram apparatus (See e.g. Figs. 1-11 and 13-14 with particular attention to Fig. 9; Paragraphs 0012-0016, 0053-0056, 0067, 0070-0071, 0078, 0082-0089, e.g. Paragraph 0067 – “In detail, Fig. 9 shows a schematic view of a mobile terminal (e.g. B. Smartphones) 108 with a touchscreen 106 and the image information 120 displayed with the touchscreen. It should be noted that the image shown on the touchscreen in Fig. 9 does not necessarily have to be the final image that generates the hologram illusion. Rather, the arrangement of the image can change as soon as the holograph comes into contact with the touchscreen.”). Hen’889 fails to explicitly disclose that the website content is different from the holographic interactive content and includes information to purchase a product and/or a service related to the holographic interactive content and replacing the holographic interactive content with the website content on the screen of the consumer device. However, Vrachan teaches a vending machine having an aerial display system including receiving holographic interactive content from a server, displaying the holographic interactive content, detecting an interaction with the holographic interactive content, tracking the interaction with the at least one of the holographic interactive content or the hologram apparatus, transmitting at least one message from the consumer device to the server indicated of the tracked interaction, wherein the tracked interaction includes at least one of a number of times the holographic interactive content was viewed, a date/time the holographic interactive content was viewed, a type of the interaction, and receiving, from the server responsive to the at least one message, website content configured for reading from the screen of the consumer device, the website content being different from the holographic interactive content and including information to purchase a product and/or a service related to the holographic interactive content (See e.g. Figs. 1-3; Paragraphs 0045-0047, 0049, 0051, 0053-0066, and 0068), and replacing the holographic interactive content with the website content on the screen of the consumer device (See e.g. Figs. 1-3; Paragraphs 0023-0024, 0026, 0044, 0053-0055, 0057, 0062-0065, and 0067-0068). Vrachan teaches transmitting messages indicating the tracked interaction to a server and receiving website content different from the holographic interactive content and replacing the holographic interactive content to “entice consumers to purchase their product from a vending machine and simultaneously provide an advertising platform for additional recurring revenue from the machine, i.e. coupons” and to “further provide a reliable contact-less mechanism that the consumer uses to select a product from a vending machine” (Paragraphs 0020-0021). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the hologram display system of Hen’889 such that messages are transmitted to a server and website content different from the holographic interactive content is received and replacing the holographic interactive content as in Vrachan to “entice consumers to purchase their product from a vending machine and simultaneously provide an advertising platform for additional recurring revenue from the machine, i.e. coupons” and to “further provide a reliable contact-less mechanism that the consumer uses to select a product from a vending machine, as taught by Vrachan” (Paragraphs 0020-0021). Additionally, regarding the limitation that the website content includes “information to purchase a product and/or a service related to the holographic interactive content,” this limitation has not been provided patentable weight as “USPTO personnel need not give patentable weight to printed matter absent a new and unobvious functional relationship between the printed matter and the substrate.” See In re Lowry, 32 F.3d 1579, 1583-84, 32 USPQ2d 1031, 1035 (Fed. Cir. 1994); In re Ngai, 367 F.3d 1336, 70 USPQ2d 1862 (Fed. Cir. 2004) (See MPEP §2111.05). In the instant case, the information does not provide a new and unobvious functional relationship between the printed matter and the product since the claim as a whole is directed towards conveying a message or meaning to a human reader independent of the supporting product. Nevertheless, Vrachan explicitly teaches information to purchase a product and/or a service related to the holographic interactive content, as detailed above. Regarding claim 2, Hen’889 in view of Vrachan teaches the hologram display system of Claim 1, as above. Hen’889 further teaches additional instructions stored in the memory device, which when executed, cause the processor to at least one of: access a website to display the holographic interactive content in a web browser; or access the server to display the holographic interactive content in a media player or an application (See e.g. Figs. 1-11 and 13-14; Paragraphs 0054-0056, 0071, and 0082-0087). Regarding claim 3, Hen’889 in view of Vrachan teaches the hologram display system of Claim 2, as above. Hen’889 further teaches that the hologram apparatus includes at least one of an identifier or a code, further comprising additional instructions stored in the memory, which when executed, cause the processor to: read the at least one of the identifier or the code to determine an electronic address, and access the at least one of the website or the server using the electronic address (See e.g. Figs. 1-11 and 13-14; Paragraphs 0054-0056, 0071, and 0082-0087). Regarding claim 4, Hen’889 in view of Vrachan teaches the hologram display system of Claim 1, as above. Hen’889 further teaches that the detection of the interaction is via one of: capacitance sensing of the screen of the consumer device, or image recognition performed using a camera of the consumer device (See e.g. Figs. 1-21; Paragraphs 0011-0012, 0017-0018, 0020, 0050, 0053, 0064-0065, 0068-0069, 0076, and 0079). Regarding claim 5, Hen’889 in view of Vrachan teaches the hologram display system of Claim 4, as above. Hen’889 further teaches that the capacitance sensing is related to the interaction with one of: the hologram apparatus, or the screen of the consumer device (See e.g. Figs. 1-21; Paragraphs 0011-0012, 0017-0018, 0020, 0050, 0053, 0064-0065, 0068-0069, 0076, and 0079). Regarding claim 6, Hen’889 in view of Vrachan teaches the hologram display system of Claim 1, as above. Hen’889 further teaches that the tracked interaction includes at least one of a number of times the holographic interactive content was viewed, a date/time the holographic interactive content was viewed, or a type of the interaction (Paragraphs 0012-0016, 0053-0056, 0070-0071, 0078, 0082-0089, e.g. Paragraphs 0070-0071: “The gesture recognition programmed in the software can calculate the position of the center of the object from the two (preferably three) points. Based on this localization, the media content (according to Fig. 7 and Fig. 8) can be placed by the software. Via the haptic interaction with the object (holograph) 100, the user can interact with the holographically displayed content. The object 100 may be rotated on the touch screen and/or moved to/reciprocal arbitrarily as shown in FIGS. 13 and 14. The software generates the hologram depending on the position of the object 100 on the touchscreen. Depending on the programming, various visual or auditory parameters which can be influenced can be bound to the position of the object 100 on the touchscreen or the type of haptic interaction. Depending on the programming, different interactions with the hologram may be possible. Application-specific browser or native apps can be created by means of the software described.” – Here Hen’889 teaches tracking the haptic interaction, which includes “a type of interaction” as required by the claim, and includes “application-specific browser” apps which are known to one of ordinary skill in the art to transmit the information). Regarding claim 7, Hen’889 in view of Vrachan teaches the hologram display system of Claim 1, as above. Hen’889 further teaches that the holographic interactive content includes second instructions that specify how an appearance of the holographic interactive content is to change based on user interaction (See e.g. Figs. 1-11 and 13-14; Paragraphs 0054-0056, 0071, and 0082-0087). Regarding claim 8, Hen’889 in view of Vrachan teaches the hologram display system of Claim 7, as above. Hen’889 further teaches that the change in the appearance corresponds to at least one of rotating, panning, zooming in/out, enlarging, or changing colors of the at least the portion of the holographic interactive content (See e.g. Figs. 1-11 and 13-14; Paragraphs 0015-0016, 0021, 0054-0056, 0070-0071, and 0078). Regarding claim 9, Hen’889 in view of Vrachan teaches the hologram display system of Claim 7, as above. Hen’889 further teaches that the second instructions further cause the consumer device to navigate to a webpage based on the detected interaction with the holographic interactive content (See e.g. Figs. 1-11 and 13-14; Paragraphs 0054-0056, 0071, and 0082-0087). Regarding claim 10, Hen’889 in view of Vrachan teaches the hologram display system of Claim 7, as above. Hen’889 further teaches that the second instructions further cause a progression of the holographic interactive content to be at least one of stopped, paused, fast-forwarded, or rewound (See e.g. Figs. 1-11 and 13-14; Paragraphs 0015-0016, 0021, 0054-0056, 0070-0071, and 0078). Regarding claim 11, Hen’889 in view of Vrachan teaches the hologram display system of Claim 1, as above. Hen’889 further teaches that the instructions are configured to cause the consumer device to display alignment markers on the screen at a location where the hologram apparatus is to be placed (See e.g. Figs. 1-11 and 13-14; Paragraphs 0015-0016, 0021, 0054-0056, 0070-0071, and 0078). Regarding claim 13, Hen’889 teaches a consumer device having a memory storing instructions, which when executed, cause a processor of the consumer device to: receive, from a server, holographic interactive content that is related to a hologram apparatus (See e.g. Figs. 1-11 and 13-14; Paragraphs 0054-0056, 0071, and 0082-0087); display, on a screen of the consumer device, the holographic interactive content (See e.g. Figs. 1-11 and 13-14; Paragraphs 0015-0016, 0021, 0054-0056, 0070-0071, and 0078), detect interaction with at least one of the holographic interactive content or the hologram apparatus after the hologram apparatus is placed on the screen of the consumer device (See e.g. Figs. 1-11 and 13-14; Paragraphs 0015-0016, 0021, 0054-0056, 0070-0071, and 0078), track the interaction with the at least one of the holographic interactive content or the hologram apparatus (See e.g. Figs. 1-11 and 13-14; Paragraphs 0012-0016, 0053-0056, 0070-0071, 0078, 0082-0089), transmit at least one message from the consumer device to the server indicative of the tracked interaction (See e.g. Figs. 1-11 and 13-14; Paragraphs 0012-0016, 0053-0056, 0070-0071, 0078, 0082-0089), and receive, from the server responsive to the at least one message, website content configured for reading from the screen of the consumer device without the hologram apparatus (See e.g. Figs. 1-11 and 13-14 with particular attention to Fig. 9; Paragraphs 0012-0016, 0053-0056, 0067, 0070-0071, 0078, 0082-0089, e.g. Paragraph 0067 – “In detail, Fig. 9 shows a schematic view of a mobile terminal (e.g. B. Smartphones) 108 with a touchscreen 106 and the image information 120 displayed with the touchscreen. It should be noted that the image shown on the touchscreen in Fig. 9 does not necessarily have to be the final image that generates the hologram illusion. Rather, the arrangement of the image can change as soon as the holograph comes into contact with the touchscreen.”). Hen’889 fails to explicitly disclose that the website content is different from the holographic interactive content and includes information to purchase a product and/or a service related to the holographic interactive content and replacing the holographic interactive content with the website content on the screen of the consumer device. However, Vrachan teaches a vending machine having an aerial display system including receiving holographic interactive content from a server, displaying the holographic interactive content, detecting an interaction with the holographic interactive content, tracking the interaction with the at least one of the holographic interactive content or the hologram apparatus, transmitting at least one message from the consumer device to the server indicated of the tracked interaction, wherein the tracked interaction includes at least one of a number of times the holographic interactive content was viewed, a date/time the holographic interactive content was viewed, a type of the interaction, and receiving, from the server responsive to the at least one message, website content configured for reading from the screen of the consumer device, the website content being different from the holographic interactive content and including information to purchase a product and/or a service related to the holographic interactive content (See e.g. Figs. 1-3; Paragraphs 0045-0047, 0049, 0051, 0053-0066, and 0068), and replacing the holographic interactive content with the website content on the screen of the consumer device (See e.g. Figs. 1-3; Paragraphs 0023-0024, 0026, 0044, 0053-0055, 0057, 0062-0065, and 0067-0068). Vrachan teaches transmitting messages indicating the tracked interaction to a server and receiving website content different from the holographic interactive content and replacing the holographic interactive content to “entice consumers to purchase their product from a vending machine and simultaneously provide an advertising platform for additional recurring revenue from the machine, i.e. coupons” and to “further provide a reliable contact-less mechanism that the consumer uses to select a product from a vending machine” (Paragraphs 0020-0021). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the hologram display system of Hen’889 such that messages are transmitted to a server and website content different from the holographic interactive content is received and replacing the holographic interactive content as in Vrachan to “entice consumers to purchase their product from a vending machine and simultaneously provide an advertising platform for additional recurring revenue from the machine, i.e. coupons” and to “further provide a reliable contact-less mechanism that the consumer uses to select a product from a vending machine, as taught by Vrachan” (Paragraphs 0020-0021). Additionally, regarding the limitation that the website content includes “information to purchase a product and/or a service related to the holographic interactive content,” this limitation has not been provided patentable weight as “USPTO personnel need not give patentable weight to printed matter absent a new and unobvious functional relationship between the printed matter and the substrate.” See In re Lowry, 32 F.3d 1579, 1583-84, 32 USPQ2d 1031, 1035 (Fed. Cir. 1994); In re Ngai, 367 F.3d 1336, 70 USPQ2d 1862 (Fed. Cir. 2004) (See MPEP §2111.05). In the instant case, the information does not provide a new and unobvious functional relationship between the printed matter and the product since the claim as a whole is directed towards conveying a message or meaning to a human reader independent of the supporting product. Nevertheless, Vrachan explicitly teaches information to purchase a product and/or a service related to the holographic interactive content, as detailed above. Regarding claim 14, Hen’889 in view of Vrachan teaches the consumer device of Claim 13, as above. Hen’889 further teaches that the instructions, which when executed, further cause the processor of the consumer device to display a prompt via the screen to place the hologram apparatus on the screen of the consumer device (See e.g. Figs. 1-11 and 13-14 with particular attention to Fig. 9; Paragraphs 0012-0016, 0053-0056, 0067, 0070-0071, 0078, 0082-0089, e.g. Paragraph 0067 – “In detail, Fig. 9 shows a schematic view of a mobile terminal (e.g. B. Smartphones) 108 with a touchscreen 106 and the image information 120 displayed with the touchscreen. It should be noted that the image shown on the touchscreen in Fig. 9 does not necessarily have to be the final image that generates the hologram illusion. Rather, the arrangement of the image can change as soon as the holograph comes into contact with the touchscreen.”). Regarding claim 15, Hen’889 in view of Vrachan teaches the consumer device of Claim 13, as above. Hen’889 further teaches that the instructions, which when executed, further cause the processor of the consumer device to: access a website of the server to display the holographic interactive content in a web browser; or access the server to display the holographic interactive content in a media player or an application (See e.g. Figs. 1-11 and 13-14; Paragraphs 0054-0056, 0071, and 0082-0087). Regarding claim 16, Hen’889 in view of Vrachan teaches the consumer device of Claim 15, as above. Hen’889 further teaches that the instructions, which when executed, further cause the processor of the consumer device to: read at least one of an identifier or a code on the to determine an electronic address, and access the at least one of the website or the server using the electronic address (See e.g. Figs. 1-11 and 13-14; Paragraphs 0054-0056, 0071, and 0082-0087). Regarding claim 17, Hen’889 in view of Vrachan teaches the consumer device of Claim 13, as above. Hen’889 further teaches that the detection of the interaction is via one of: capacitance sensing of the screen of the consumer device, or image recognition performed using a camera of the consumer device (See e.g. Figs. 1-21; Paragraphs 0011-0012, 0017-0018, 0020, 0050, 0053, 0064-0065, 0068-0069, 0076, and 0079). Regarding claim 18, Hen’889 in view of Vrachan teaches the consumer device of Claim 17, as above. Hen’889 further teaches that the capacitance sensing is related to the interaction with one of: the hologram apparatus, or the screen of the consumer device (See e.g. Figs. 1-21; Paragraphs 0011-0012, 0017-0018, 0020, 0050, 0053, 0064-0065, 0068-0069, 0076, and 0079). Regarding claim 19, Hen’889 in view of Vrachan teaches the consumer device of Claim 13, as above. Hen’889 further teaches that the tracked interaction includes at least one of a number of times the holographic interactive content was viewed, a date/time the holographic interactive content was viewed, or a type of the interaction (Paragraphs 0012-0016, 0053-0056, 0070-0071, 0078, 0082-0089, e.g. Paragraphs 0070-0071: “The gesture recognition programmed in the software can calculate the position of the center of the object from the two (preferably three) points. Based on this localization, the media content (according to Fig. 7 and Fig. 8) can be placed by the software. Via the haptic interaction with the object (holograph) 100, the user can interact with the holographically displayed content. The object 100 may be rotated on the touch screen and/or moved to/reciprocal arbitrarily as shown in FIGS. 13 and 14. The software generates the hologram depending on the position of the object 100 on the touchscreen. Depending on the programming, various visual or auditory parameters which can be influenced can be bound to the position of the object 100 on the touchscreen or the type of haptic interaction. Depending on the programming, different interactions with the hologram may be possible. Application-specific browser or native apps can be created by means of the software described.” – Here Hen’889 teaches tracking the haptic interaction, which includes “a type of interaction” as required by the claim, and includes “application-specific browser” apps which are known to one of ordinary skill in the art to transmit the information). Regarding claim 20, Hen’889 in view of Vrachan teaches the consumer device of Claim 13, as above. Hen’889 further teaches that the holographic interactive content includes second instructions that specify how an appearance of the holographic interactive content is to change based on user interaction, and wherein the change in the appearance corresponds to at least one of rotating, panning, zooming in/out, enlarging, or changing colors of the at least the portion of the holographic interactive content (See e.g. Figs. 1-11 and 13-14; Paragraphs 0015-0016, 0021, 0054-0056, 0070-0071, and 0078). Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hen’889 or Hen’889 in view of Vrachan, as applied to claim 1 above, and further in view of Ward (U.S. Patent No. 6,497,601). Regarding claim 12, Hen’889 or Hen’889 in view of Vrachan teaches the hologram display system of Claim 1, as above. Hen’889 further teaches that the structure is an elastic structure configured to cause the frustum structure to self-actuate from the compressed state to the uncompressed state (See e.g. Figs. 1, 5, 12, and 15-21; Paragraphs 0050-0051, and 0072-0077). Hen’889 fails to explicitly disclose that the hologram apparatus further includes an elastic band positioned about the base section of the frustum structure at the preformed creases that are located at respective junctions between the base section and each of the side sections, the elastic band causing the frustum structure to self-actuate from the compressed state to the uncompressed state. However, Ward teaches a folding three dimensional construction comprising a sheet folded along preformed creases into a structure having a base section (155) and a top section (15) connected by side sections (50, 105), and an elastic band (195, 210, 215, 230, 235, 250) positioned about the base of the structure at preformed creases that are located at respective junctions between the base section and each of the side sections (See e.g. Figs. 3-4, 6-7, and 12; C. 5, L. 24-56: “The fourth tensioning portion 250 is joined at an attaching edge 255 to the bottom edge 175 of the square back side 155 and includes a fourth means 260 for attaching a tensioning means 210. A second tensioning means 265 is provided” — Examiner notes that the tensioning means (“elastic band”) is provided to be connected to tensioning portions located at edges (“creases”) between the back side (“base section”) and the first and second sides (“side section”), thus reading on the broadest reasonable interpretation of the claim language). Ward teaches this elastic band positioned about the base of the structure at preformed creases to provide “a construction that can be readily collapsed into a flattened square for ease of transport and storage” and “is easily erected from its flat storage shape without undue skill or complex instructions” (C. 2, L. 13-24). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the mobile hologram apparatus of Hen’889 with the elastic band positioned about the base of the structure at preformed creases taught by Ward to provide “a construction that can be readily collapsed into a flattened square for ease of transport and storage” and “is easily erected from its flat storage shape without undue skill or complex instructions,” as in Ward (C. 2, L. 13-24), and since it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art. In re Japiske, 86 USPQ 70 (CCPA 1950). Response to Arguments Applicant's arguments, see pages 7-9, filed 01/26/2026, with respect to the rejection(s) of claims 1-20 under 35 U.S.C. 103 have been fully considered but they are not persuasive. Applicant argues that “Unlike the holographic interactive content viewed using the hologram apparatus, the webpage is viewed via a screen of the consumer device” and “While Vrachan discloses that the vending machine can display promotional collateral material such as coupons or informational brochures, Vrachan is silent whether such media content is displayed separately from the aerial images (402)” and, thus, since “Vrachan continues to show the aerial images (402) until a selection is made for dispensing the product” that the limitation of the replacing of content is not disclosed. However, Examiner respectfully disagrees. Specifically, the claims do not require that the “website content” cannot also be an aerial image, only that it be “configured for reading from the screen of the consumer device.” As the consumer device projects the image, website content formed as an aerial image would read on the broadest reasonable interpretation of the claimed “website content.” In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., website content that is not holographic or not in the form of an aerial image) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Rather, the claims merely require that the device “replace the holographic interactive content with the website content on the screen of the consumer device.” Contrary to Applicant’s assertions, Vrachan explicitly teaches such a feature, for example, in Paragraph 0023 which teaches that the device includes instructions for “displaying the content to attract consumers and provide an advertising platform for recurring revenue from the machine from coupons and other promotional items; displaying content in response to a consumer selection…” and Paragraph 0044 which teaches “receiving content for display by aerial imaging system; displaying the content to attract consumer; displaying content in response to a consumer selection; dispensing product selected by the consumer, and determining demographics summaries relating to the type of product purchased by various consumer groups,” Thus, Vrachan teaches displaying the advertising content and replacing the advertising content with content “in response to a consumer selection.” Vrachan does not merely teach dispensing the product but also teaches displaying content based on a consumer selection, reading on the claimed step of “replacing.” Additionally, Vrachan teaches changing content on the display reading on the claimed “replacing” step in various instances, such as, in Paragraph 0062: “The content may include an introductory segment that is always changing,” in Paragraph 0065: “the media content displayed by each vending machine can be changed, in real time, based on the demographics of the audience,” and in Paragraph 0068: “The web portal is also used by the consumer to customize the type of content to be displayed by either the aerial imaging device, a flat panel display or both.” Moreover, Vrachan explicitly teaches in Paragraph 0068 that the content can be displayed “by either the aerial imaging device, a flat panel display or both.” As such, Examiner maintains that Vrachan’s displaying of content that is changing, reads on the claimed limitation of: “replace the holographic interactive content with the website content on the screen of the consumer device.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas R Pasko whose telephone number is (571)270-1876. The examiner can normally be reached M-F 8 AM - 5 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kraig can be reached at 571-272-8660. 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. Nicholas R. Pasko Primary Examiner Art Unit 2896 /Nicholas R. Pasko/Primary Examiner, Art Unit 2896
Read full office action

Prosecution Timeline

Apr 08, 2024
Application Filed
Feb 07, 2025
Non-Final Rejection — §103
Aug 12, 2025
Response Filed
Aug 22, 2025
Final Rejection — §103
Jan 26, 2026
Request for Continued Examination
Feb 03, 2026
Response after Non-Final Action
Mar 06, 2026
Non-Final Rejection — §103 (current)

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ZOOM OPTICAL SYSTEM, OPTICAL APPARATUS, AND METHOD FOR MANUFACTURING ZOOM OPTICAL SYSTEM
2y 5m to grant Granted Mar 31, 2026
Patent 12591202
DIGITAL HOLOGRAPHIC IMAGING TECHNIQUE WITH TWIN IMAGE ELIMINATION
2y 5m to grant Granted Mar 31, 2026
Patent 12578565
A COMPACT PORTABLE MULTIMODAL MICROSCOPY
2y 5m to grant Granted Mar 17, 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
64%
Grant Probability
92%
With Interview (+27.1%)
2y 9m
Median Time to Grant
High
PTA Risk
Based on 580 resolved cases by this examiner. Grant probability derived from career allow rate.

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