Prosecution Insights
Last updated: October 01, 2026
Application No. 18/740,968

DUST COVER AND HEAD-UP DISPLAY APPARATUS INCLUDING THE DUST COVER

Non-Final OA §103
Filed
Jun 12, 2024
Priority
Jun 26, 2023 — JP 2023-104239 +1 more
Examiner
BRIGGS, NATHANAEL R
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NITTO DENKO Corporation
OA Round
2 (Non-Final)
76%
Grant Probability
Favorable
2-3
OA Rounds
4m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
837 granted / 1098 resolved
+8.2% vs TC avg
Moderate +11% lift
Without
With
+11.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
23 currently pending
Career history
1116
Total Applications
across all art units

Statute-Specific Performance

§103
59.2%
+19.2% vs TC avg
§102
32.2%
-7.8% vs TC avg
§112
6.1%
-33.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1098 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 . Response to Arguments Applicant’s arguments, see page 6, filed 24 June 2026, with respect to the rejection(s) of claim(s) 1 under 35 USC § 103 have been fully considered and are persuasive, particularly in that Yamamoto does not teach the use of an iodine-based polarizer. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of additional prior art. Applicant’s arguments with respect to claim(s) 2 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1 and 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (US 2019/0293931) in view of Kim et al. (2009/0306293), and in further view of Matsuno et al. (US 2016/0252660). Regarding claim 1, Yamamoto discloses a dust cover (18, see figures 1-2, for instance), comprising: a first support plate (38); a polarizing plate (34) including a polarizer ([0042]); and a second support plate (30), at least one of the first support plate (38) or the second support plate (30) having a thickness of 200 μm or more ([0028], “The thickness of the substrate is not limited to this, but is preferably set at 20 μm or more and 200 μm or less”), wherein a distance between a center line LP of the iodine-based polarizer in a thickness direction thereof and a center line LD of the dust cover in a thickness direction thereof is 20 μm or less (since layers 38 and 30 are identical [0028] and thicknesses of layers 26 and 32 are identical). However, Yamamoto does not expressly disclose an iodine-based polarizer, or wherein at least one of the first support plate or the second support plate having a moisture permeability of 37 g/(m2·24 hours) or more. Kim discloses a dust cover, including a polarizing plate including an iodine-based polarizer ([0017]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the specific iodine-based polarizer structure as Kim in the polarizer of Yamamoto. The motivation for doing so would have been to provide a polarizer with an excellent durability, which does not deteriorate a degree of polarization and transmittance, has no external defect, and maintains transmittance, the degree of polarization, and color at high temperature for use in harsh environments, as taught by Kim ([0007]; [0052]). Matsuno discloses a dust cover (see figures 1(a) and 1(b), for instance), wherein at least one of the first support plate (10) or the second support plate (20) having a moisture permeability of 37 g/(m2 · 24 hours) or more ([0083]; “Specifically, the moisture permeability of each of first and second protective films 10 and 20 is preferably not higher than 1000 g/(m2 · 24 hours), and more preferably not higher than 150 g/(m2 · 24 hours)”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the support plates with moisture permeability values as Matsuno in the device of Yamamoto. The motivation for doing so would have been to prevent decoloration of the dichroic colorant in high-temperature and high-humidity environments, as taught by Matsuno ([0083]). Regarding claim 3, Yamamoto in view of Kim and further in view of Matsuno discloses the dust cover according to claim 1, wherein the support plates (30, 38) each include a substrate and a surface resin layer ([0035]). Regarding claim 4, Yamamoto in view of Kim and further in view of Matsuno discloses the dust cover according to claim 3, wherein the substrate contains a polycarbonate resin ([0035]). Regarding claim 5, Yamamoto in view of Kim and further in view of Matsuno discloses the dust cover according to claim 3, wherein the surface resin layer contains polymethyl methacrylate ([0035]). Regarding claim 6, Yamamoto in view of Kim and further in view of Matsuno discloses the dust cover according to claim 3, wherein the surface resin layer has a thickness of 30 μm or more ([0034]). Regarding claim 7, Yamamoto in view of Kim and further in view of Matsuno discloses the dust cover according to claim 1, wherein an iodine content of the polarizer is from 2.2 wt % to 4.0 wt % (see Kim [0019]). Regarding claim 8, Yamamoto in view of Kim and further in view of Matsuno discloses a head-up display apparatus (see figure 1), comprising: a display unit (12) configured to emit projection light; at least one reflector (16) configured to reflect the projection light; and the dust cover (18) of claim 1. Claim(s) 2 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuno in view of Yamamoto. Regarding claim 2, Matsuno discloses a dust cover (see figures 1(a) and 1(b), for instance), comprising: a first support plate (10); a polarizing plate (5) including an iodine-based polarizer ([0069]); and a second support plate (20), at least one of the first support plate (10) or the second support plate (20) having a moisture permeability of 37 g/(m2 · 24 hours) or more ([0083]; “Specifically, the moisture permeability of each of first and second protective films 10 and 20 is preferably not higher than 1000 g/(m2 · 24 hours), and more preferably not higher than 150 g/(m2 · 24 hours)”), at least one of the first support plate (10) or the second support plate (20) having a tensile modulus of elasticity of 1,600 MPa or more ([0085]; measured at 80°C, but the modulus increases as the temperature decreases)1, which is measured at 23° C ± 2° C, wherein a distance between a center line LP of the iodine-based polarizer (5) in a thickness direction thereof and a center line LD of the dust cover (thicknesses of 10, 15, 5, 25, and 30 combined) in a thickness direction thereof is 20 μm or less (since layers 10 and 20 are identical in thickness and material, and adhesives 15 and 25 differ by a thickness of < 10µm; see [0092] and [0095]). However, Matsuno does not expressly disclose wherein at least one of the first support plate or the second support plate having a thickness of 200 µm or more. Regarding claim 1, Yamamoto discloses a dust cover (18, see figures 1-2, for instance), comprising: a first support plate (38); a polarizing plate (34) including a polarizer ([0042]); and a second support plate (30), at least one of the first support plate (38) or the second support plate (30) having a thickness of 200 μm or more ([0028], “The thickness of the substrate is not limited to this, but is preferably set at 20 μm or more and 200 μm or less”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the support plate structure as Yamamoto in the dust cover of Matsuno. The motivation for doing so would have been to provide a polarizing member that has flame retardance while reducing the deformation of an image, as taught by Yamamoto ([0008]). Regarding claim 9, Matsuno in view of Yamamoto discloses the dust cover according to claim 2, wherein the support plates (10, 20) each include a substrate and a surface resin layer ([0080]). Regarding claim 10, Matsuno in view of Yamamoto discloses the dust cover according to claim 9, wherein the substrate contains a polycarbonate resin ([0071]). Regarding claim 11, Matsuno in view of Yamamoto discloses the dust cover according to claim 9, wherein the surface resin layer contains polymethyl methacrylate ([0071]). Regarding claim 12, Matsuno in view of Yamamoto discloses the dust cover according to claim 9, wherein the surface resin layer has a thickness of 30 μm or more ([0081]). Regarding claim 13, Matsuno in view of Yamamoto discloses the dust cover according to claim 2, wherein an iodine content of the polarizer is from 2.2 wt % to 4.0 wt % ([0110]-[0115]). Regarding claim 14, Matsuno in view of Yamamoto discloses the dust cover of claim 2, and Yamamoto further discloses a head-up display apparatus (see figure 1), comprising: a display unit (12) configured to emit projection light; at least one reflector (16) configured to reflect the projection light; and a dust cover (18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the head-up display apparatus as Yamamoto using the dust cover of Matsuno. The motivation for doing so would have been to provide a polarizing member that has flame retardance while reducing the deformation of an image in a head-up display apparatus, as taught by Yamamoto ([0008]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL R BRIGGS whose telephone number is (571)272-8992. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 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, Jennifer Carruth can be reached at (571)-272-9791. 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. /NATHANAEL R BRIGGS/Primary Examiner, Art Unit 2871 8/10/2026 1 https://link.springer.com/content/pdf/10.1007/s40430-023-04410-8.pdf
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Prosecution Timeline

Jun 12, 2024
Application Filed
Apr 01, 2026
Non-Final Rejection mailed — §103
Jun 24, 2026
Response Filed
Aug 13, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
76%
Grant Probability
88%
With Interview (+11.3%)
2y 7m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1098 resolved cases by this examiner. Grant probability derived from career allowance rate.

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