Prosecution Insights
Last updated: July 17, 2026
Application No. 18/711,948

AUGMENTED REALITY DISPLAY APPARATUS, SERVER APPARATUS, AUGMENTED REALITY DISPLAY SYSTEM, AUGMENTED REALITY DISPLAY METHOD, AND PROGRAM

Final Rejection §102§103§112
Filed
May 21, 2024
Priority
Nov 24, 2021 — JP 2021-189898 +1 more
Examiner
MCCULLEY, RYAN D
Art Unit
2611
Tech Center
2600 — Communications
Assignee
NEC Corporation
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
352 granted / 504 resolved
+7.8% vs TC avg
Strong +28% interview lift
Without
With
+28.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
25 currently pending
Career history
530
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
91.2%
+51.2% vs TC avg
§102
1.5%
-38.5% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 504 resolved cases

Office Action

§102 §103 §112
CTFR 18/711,948 CTFR 88481 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Response to Amendment This Office Action is in response to Applicant’s amendment/response filed on 10 March 2026, which has been entered and made of record. Response to Arguments 07-37 AIA Applicant's arguments filed 10 March 2026 have been fully considered but they are not persuasive. Applicant argues “Harviainen also discloses detecting one ‘or more 2D geometric image features.’ … Harviainen, however, does not disclose wherein ‘the shooting target object feature amount is three dimensional,’ ” (Remarks, pg. 14). The Examiner respectfully disagrees. The current application describes three-dimensional shooting target object feature amount as such: “The image analysis part analyzes the acquired image data and detects a shooting target object feature amount (three-dimensional coordinate information, polar coordinate information, etc.)” (para. 40). Similarly, Harviainen first acquires a 2D image then extracts 3D coordinate information for each detected feature: “the two-dimensional marker image is mapped to a two-dimensional plane embedded within a three-dimensional coordinate system that represents the user's physical surroundings … the mapping of the detected 2D feature into the 3D coordinate system” (paras. 90-91). Thus, both the current application and Harviainen extract features from 2D images into a 3D coordinate system, which makes them 3D features. Any remaining arguments are considered moot based on the foregoing . 07-30-03-h AIA Claim Interpretation The claims are no longer interpreted under 35 U.S.C. 112(f) in view of the claim amendments incorporating structural features into the claims. Claim Rejections - 35 USC § 112 The claim rejections under 35 U.S.C. 112(b) are withdrawn in view of the claim amendments. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim s 1-10, 12-14, and 17-22 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Harviainen et al. (US 2018/0276882; hereinafter “Harviainen”) . Regarding claim 1 , Harviainen discloses An augmented reality display apparatus (“AR device,” abstract) configured to allow a plurality of users to share post data between the plurality of users (“allows users to share their content,” para. 102) , comprising: at least one processor, and a memory in circuit communication with the at least one processor, wherein the at least one processor is configured to execute program instructions stored in the memory to implement (see Figs. 8-10) : displaying information on a display (“displaying augmented reality (AR) content,” abstract) ; analyzing image data and detecting a shooting target object feature amount that digitizes at least one feature point of a shooting target object included in the image data (“Image analysis is used to identify one or more geometric image features,” para. 20) ; and controlling the display and performing predetermined information processing, wherein the predetermined information processing comprises (“a mobile device having … a processor,” para. 36; “image processing software,” para. 20) : transmitting post download instruction information comprising shooting position information relating to a shooting position of the image data (“the location at which the reference image was captured are uploaded,” para. 97) and the shooting target object feature amount to a server apparatus (“a cloud storage service is used to store AR content created by the user and associated metadata. This metadata may include information on where the 3D AR content was created (geotagging) and the identified geometric image features,” para. 47) ; and causing the display to overlay the post data at a relative position to the shooting target object feature amount in the image data displayed on the display (“Viewing users … can inspect their environment via their device's image sensor and see all the AR content in the surrounding area that has been generated,” para. 48) based on information relating to the post data associated with the shooting position information and the shooting target object feature amount transmitted from the server apparatus (“For viewers, the cloud storage service provides information about the AR content available. This information may be provided based on a viewing user's location and his proximity to previously generated AR content, as well as associated image markers detected by a viewing user device's image sensor,” para. 47) , wherein the relative position to the shooting target object feature amount is a position based on post position information included in the information relating to the post data (“overlaying the generated 3D elements on the video stream via the display includes using the relative position,” para. 27; “the geometric features in the marker image are used to align the 3D content with the live view,” para. 33) ; and the shooting target object feature amount is three dimensional (“the two-dimensional marker image is mapped to a two-dimensional plane embedded within a three-dimensional coordinate system that represents the user's physical surroundings … the mapping of the detected 2D feature into the 3D coordinate system,” paras. 90-91). Regarding claim 2 , Harviainen discloses inputting information; and transmitting post upload instruction information comprising the shooting position information, the shooting target object feature amount, and information relating to the post data input from an input to the server apparatus, wherein the input is associated with input information by operation of a user (“a cloud storage service is used to store AR content created by the user and associated metadata. This metadata may include information on where the 3D AR content was created (geotagging) and the identified geometric image features that were used during the 3-D content generation procedure,” para. 47). Regarding claim 3 , Harviainen discloses wherein the information relating to the post data comprises selection information of shared social networking system (SNS) that selects an SNS to be shared (“A user may disseminate access to generated 3-D content using social media channels via a social media API,” para. 40). Regarding claim 4 , Harviainen discloses when the post data is overlaid, filtering is performed on the post data and the display displays the filtered post data based on information relating to a filtering condition input from the input (“the modulated 3D elements are post-processed or filtered before being overlaid on the video stream,” para. 29; “Post-processing can be used to add filter effects,” para. 69; “a user interface is provided for the user, with which he or she can select what level of experience is being recorded … e.g., image post processing effects,” para. 71). Regarding claim 5 , Harviainen discloses generating the image data by shooting the shooting target object (“a mobile device having an image sensor,” para. 36) ; and detecting the shooting position information (“the location at which the reference image was captured,” para. 97). Regarding claim 6 , Harviainen discloses acquiring the image data associated with the shooting position information (“receiving a video stream of image frames from the image sensor,” para. 36) from outside (Fig. 5 illustrates camera 506 on the outside of the AR headset). Regarding claim 7 , Harviainen discloses a storage that is configured to store the image data associated with the shooting position information (“the live camera feed pauses and the user works with the selected 2D marker image,” para. 20; “the device on which the 3D content was generated may itself store and display the content,” para. 98). Regarding claim 8 , Harviainen discloses A server apparatus (“a cloud server,” para. 77) , comprising: at least one processor, and a memory in circuit communication with the at least one processor, wherein the at least one processor is configured to execute program instructions stored in the memory to implement (see Figs. 8-10) : associating and storing to a storage (“a cloud service that includes a content database,” para. 37) : shooting position information relating to a position at which image data was shot (“the location at which the reference image was captured are uploaded,” para. 97) ; a shooting target object feature amount that digitizes at least one feature point of a shooting target object included in the image data; and information relating to post data comprising post position information relating to a relative position to the shooting target object feature amount (“a cloud storage service is used to store AR content created by the user and associated metadata. This metadata may include information on where the 3D AR content was created (geotagging) and the identified geometric image features,” para. 47) ; and controlling the storage and performing a predetermined information processing (e.g. content manager 816 of Fig. 8) , wherein when post download instruction information is acquired from an augmented reality display apparatus, the at least one processor is configured further to implement: reading information relating to the post data associated with shooting position information and shooting target object feature amount included in the post download instruction information from the storage; and transmitting the read information to the augmented reality display apparatus (“The AR viewing software 804 [of Fig. 8] is in communication with the download API 818,” para. 102; “based on the uploaded index image (and, optionally, based on the uploaded location), the content manager identifies one or more sets of 3D content … the content manager sends to the user one or more 3D elements that correspond to the matching reference image … the client device of the user renders the downloaded 3D elements as augmented reality elements in the scene,” para. 100) , wherein the shooting target object feature amount is three dimensional (“the two-dimensional marker image is mapped to a two-dimensional plane embedded within a three-dimensional coordinate system that represents the user's physical surroundings … the mapping of the detected 2D feature into the 3D coordinate system,” paras. 90-91). Regarding claim 9 , Harviainen discloses wherein when post upload instruction information is acquired from the augmented reality display apparatus, the at least one processor is configured further to implement: associating shooting position information included in the post upload instruction information, shooting target object feature amount, and information relating to the post data; and causing the storage to store the associated information (“a cloud storage service is used to store AR content created by the user and associated metadata. This metadata may include information on where the 3D AR content was created (geotagging) and the identified geometric image features,” para. 47). Regarding claim 10 , Harviainen discloses generating social networking system (SNS) information post information for posting SNS information to an SNS apparatus based on information relating to the post data included in the post upload instruction information and transmits the SNS information post information to the SNS apparatus (“A user may disseminate access to generated 3-D content using social media channels via a social media API,” para. 40; see Fig. 8). Regarding claim 12 , Harviainen discloses An augmented reality display system (“an AR content authoring, viewing, and distribution system,” para. 101) , comprising: the augmented reality display apparatus according to claim 1 (“AR device,” abstract; see rejection of claim 1) ; and a server apparatus, wherein the server apparatus comprises [duplicate limitations from claim 8] (“a cloud server,” para. 77; see rejection of claim 8). Regarding claim 13 , Harviainen discloses a social networking services (SNS) apparatus configured to be communicably connected to the server apparatus (Fig. 8 illustrates social media 810 in communication with server 806). Regarding claim 14 , Harviainen discloses An augmented reality display method (“displaying augmented reality (AR) content,” abstract) , comprising: transmitting post download instruction information comprising shooting position information relating to a shooting position of an image data (“the location at which the reference image was captured are uploaded,” para. 97) , and post download instruction information comprising a shooting target object feature amount obtained by analyzing the image data and digitizing at least one feature point of a shooting target object included in the image data, from an augmented reality display apparatus to a server apparatus (“a cloud storage service is used to store AR content created by the user and associated metadata. This metadata may include information on where the 3D AR content was created (geotagging) and the identified geometric image features,” para. 47) ; reading information relating to post data associated with the shooting position information and the shooting target object feature amount included in the post download instruction information from a storage of the server apparatus, when acquiring the post download instruction information, to transmit the read information to the augmented reality display apparatus, in the server apparatus (“The AR viewing software 804 [of Fig. 8] is in communication with the download API 818,” para. 102; “based on the uploaded index image (and, optionally, based on the uploaded location), the content manager identifies one or more sets of 3D content … the content manager sends to the user one or more 3D elements that correspond to the matching reference image,” para. 100) ; and causing the augmented reality display apparatus to overlay the post data at a relative position to the shooting target object feature amount in the displayed image data based on information relating to the post data transmitted from the server apparatus, wherein the relative position to the shooting target object feature amount is a position based on the post position information included in the information relating to the post data (“overlaying the generated 3D elements on the video stream via the display includes using the relative position,” para. 27; “the geometric features in the marker image are used to align the 3D content with the live view,” para. 33; “the client device of the user renders the downloaded 3D elements as augmented reality elements in the scene,” para. 100) , and wherein the shooting target object feature amount is three dimensional (“the two-dimensional marker image is mapped to a two-dimensional plane embedded within a three-dimensional coordinate system that represents the user's physical surroundings … the mapping of the detected 2D feature into the 3D coordinate system,” paras. 90-91). Regarding claim 17 , it is rejected using the same citations and rationales described in the rejection of claim 4. Regarding claims 18-21 , they are rejected using the same citations and rationales described in the rejection of claim 5. Regarding claim 22 , it is rejected using the same citations and rationales described in the rejection of claim 6 . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Harviainen in view of Harris et al. (US 2014/0280278; hereinafter “Harris”) . Regarding claim 11 , Harviainen discloses collecting social networking system (SNS) information from an SNS apparatus (see Fig. 8; “generated content can be shared via various social media channels,” para. 60) ; and estimating post position information of the SNS information based on image data and shooting position information included in the SNS information (“metadata may include information on where the 3D AR content was created (geotagging) and the identified geometric image features,” para. 47) , wherein the estimating comprises: detecting a shooting target object feature amount digitizing at least one feature point of a shooting target object based on the image data included in the SNS information (“the geometric features in the marker image are used to align the 3D content with the live view,” para. 33) ; acquiring information relating to post data that is located within a predetermined range from a position of the shooting position information included in the SNS information and that is associated with the detected shooting target object feature amount, from the storage (“Viewing users who have installed a viewer application on their mobile device can inspect their environment via their device's image sensor,” para. 48) ; generating post position information relating to a position near a position of the post position information included in the information relating to the extracted post data; generating post data for the server apparatus based on the SNS information; associating the generated post position information with the generated post data to generate information relating to post data associated with the SNS information; and associating information relating to the generated post data, the shooting position information included in the SNS information, and the detected shooting target object feature amount to cause the storage to store the associated information (“users can see published messages about novel AR content through various social media channels. Messages may provide … location information … Viewing users who have installed a viewer application on their mobile device can inspect their environment via their device's image sensor and see all the AR content in the surrounding area that has been generated by other users. The viewing is based on the identified geometric features and metadata content provided by the cloud storage service,” para. 48; “Other users can find information about the novel content from social media, in the form of status updates, tweets, personal messages and the like that the artist has posted on-line with the help of the AR content creation service,” para. 80). Harviainen does not disclose comparing hashtag or text included in the acquired information relating to the post data with hashtag or text included in the SNS information to extract information relating to matching post data . In the same art of social media AR, Harris teaches comparing hashtag or text included in the acquired information relating to the post data with hashtag or text included in the SNS information to extract information relating to matching post data (“determine social media content that is to augment the view of the physical space based on one or more of the contextual information. The social media content may be filtered in and/or out using … hashtags,” para. 8). Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to apply the teachings of Harris to Harviainen. The motivation would have been “a user may indicate that certain content be included for and/or excluded from consideration for augmenting the view of the physical space” (Harris, para. 8). In other words, a user may be given more control over what AR content they wish to view. Conclusion 07-40 AIA Applicant's amendment necessitated any new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL . See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ryan McCulley whose telephone number is (571)270-3754. The examiner can normally be reached Monday through Friday, 8:00am - 4:30pm. 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, Kee Tung can be reached at (571) 272-7794. 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. /RYAN MCCULLEY/Primary Examiner, Art Unit 2611 Application/Control Number: 18/711,948 Page 2 Art Unit: 2611 Application/Control Number: 18/711,948 Page 3 Art Unit: 2611 Application/Control Number: 18/711,948 Page 4 Art Unit: 2611 Application/Control Number: 18/711,948 Page 5 Art Unit: 2611 Application/Control Number: 18/711,948 Page 6 Art Unit: 2611 Application/Control Number: 18/711,948 Page 7 Art Unit: 2611 Application/Control Number: 18/711,948 Page 8 Art Unit: 2611 Application/Control Number: 18/711,948 Page 9 Art Unit: 2611 Application/Control Number: 18/711,948 Page 10 Art Unit: 2611 Application/Control Number: 18/711,948 Page 11 Art Unit: 2611 Application/Control Number: 18/711,948 Page 12 Art Unit: 2611 Application/Control Number: 18/711,948 Page 13 Art Unit: 2611 Application/Control Number: 18/711,948 Page 14 Art Unit: 2611 Application/Control Number: 18/711,948 Page 15 Art Unit: 2611
Read full office action

Prosecution Timeline

May 21, 2024
Application Filed
Dec 10, 2025
Non-Final Rejection mailed — §102, §103, §112
Mar 10, 2026
Response Filed
Jun 04, 2026
Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12681960
METHOD AND APPARATUS FOR COMPRESSING AND DECOMPRESSING THREE-DIMENSIONAL (3D) MAP
2y 7m to grant Granted Jul 14, 2026
Patent 12675947
Three-Dimensional Point Cloud Generation Method, Apparatus and Electronic Device
3y 2m to grant Granted Jul 07, 2026
Patent 12676128
DISPLAY DEVICE WITH IMAGE SHIFT
2y 7m to grant Granted Jul 07, 2026
Patent 12675941
INFORMATION PROCESSING SYSTEM, RADIO WAVE PROPAGATION SIMULATION METHOD, AND PROGRAM
2y 10m to grant Granted Jul 07, 2026
Patent 12664728
METHOD FOR CREATING A REFERENCE MAP REPRESENTATION
2y 1m to grant Granted Jun 23, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
98%
With Interview (+28.0%)
2y 6m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 504 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month