Prosecution Insights
Last updated: October 02, 2026
Application No. 18/812,594

VIRTUAL IMAGE DISPLAY DEVICE AND OPTICAL UNIT

Final Rejection §103
Filed
Aug 22, 2024
Priority
Aug 23, 2023 — JP 2023-135307
Examiner
CHIEN, LUCY P
Art Unit
Tech Center
Assignee
Seiko Epson Corporation
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
6m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
773 granted / 932 resolved
+22.9% vs TC avg
Moderate +6% lift
Without
With
+5.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
25 currently pending
Career history
945
Total Applications
across all art units

Statute-Specific Performance

§103
57.4%
+17.4% vs TC avg
§102
32.1%
-7.9% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 932 resolved cases

Office Action

§103
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 with respect to claim(s) 1-17 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 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. Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aiki et al (US 20110019250) in view of HIDAKA YASUHIRO (CN 101305259 A) Regarding Claim 1, Aiki et al discloses (Fig. 2) a virtual image display device comprising [0018]: a first display panel (261R) configured to emit first image light; a second display panel (261B) configured to emit second image light having a wavelength region different from a wavelength region of the first image light; a third display panel (261G) configured to emit third image light having a wavelength region different from the wavelength regions of the first image light and the second image light; a cross dichroic prism (265) including a first light incident surface on which the first image light is incident, a second light incident surface on which the second image light is incident, and a third light incident surface on which the third image light is incident, and configured to synthesize the first image light, the second image light, and the third image light and emit the synthesized image light from a light emission surface [0212]; a projection optical system [0165][0169] including an optical path bending prism (266 reflecting mirror which has concaves and convexes [0128]) having a first transmission surface on which the image light from the cross dichroic prism (265) is incident, a first reflection surface (140) and a second reflection surface (150) that reflect the image light transmitted through the first transmission surface, and a second transmission surface that emits the image light reflected by the second reflection surface; and a light-guiding member (131) configured to guide the image light emitted from the projection optical system (800) to a pupil position at which an eye (41) is located. Aiki et al does not disclose the prism having a pentagonal column shape. HIDAKA YASUHIRO (Drawing 3 and pasted below) discloses the prism having a pentagonal column shape (“…The surface position detecting apparatus of the oblique incidence type, by bending the pentagonal prism light flux of the light source for detection, a photosensitive substrate surface as the test surface from an oblique direction, a pattern used in surface position detection (predetermined pattern) I have projected the primary image of...”). The optical path bending prism (6) having a pentagonal column shape and having a first transmission surface (6A) is incident into the pentagonal column shape (6), a first reflection surface (6B) and a second reflection surface (6c) that reflect inside the pentagonal column shape the image light transmitted through the first transmission surface, and a second transmission surface (6d) that emits the image light reflected by the second reflection surface outside the pentagonal column shape. It would have been obvious to one of ordinary skill in the art to modify Aiki et al to include HIDAKA YASUHIRO’s prism having a pentagonal column shape motivated by the desire to provide a compact folded optical path suitable for reducing the size of the optical device. [AltContent: rect][AltContent: ] PNG media_image1.png 650 632 media_image1.png Greyscale (DRAWING 3 OF HIDAKA YASUHIRO SHOWN ABOVE) Regarding Claim 2, In addition to Aiki et al and HIDAKA YASUHIRO, Aiki et al discloses (Fig. 2) wherein the optical path bending prism has positive power [0132]. Regarding Claim 3, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2) wherein the first reflection surface (140) has positive power [0212]. Regarding Claim 4, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2) wherein the second reflection surface (150) has positive power [0212]. Regarding Claim 5, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2) wherein the first transmission surface has positive power [0212]. Regarding Claim 6, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2 and Fig. 6) wherein the first transmission surface is a flat surface and is bonded (all components are bonded to create the glass shown in Fig. 6) to the light emission surface of the cross dichroic prism (265). Regarding Claim 7, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2 and Fig. 6) wherein the projection optical system includes a lens disposed between the cross dichroic prism (265) and the optical path bending prism (266 reflecting mirror which has concaves and convexes [0128]. Regarding Claim 8, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2 and Fig. 6) wherein an optical axis passing through the first transmission surface of the optical path bending prism (266 reflecting mirror which has concaves and convexes [0128]) and an optical axis passing through the second transmission surface of the optical path bending prism form a right angle or an obtuse angle. Regarding Claim 9, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2 and Fig. 6) wherein the light-guiding member includes a light-guiding plate (323) having a flat plate shape, an incidence diffraction layer (1040) auxiliarily provided at the light-guiding plate (323), and an emission diffraction layer auxiliarily provided at the light-guiding plate at a position different from a position of the incidence diffraction layer. Regarding Claim 10, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2 and Fig. 6) wherein an optical axis on an emission side of the projection optical system extends perpendicularly to the light-guiding plate (323)[0169]. Regarding Claim 11, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2 and Fig. 6) wherein an optical axis passing through the light emission surface of the cross dichroic prism (265) extends parallel to the light-guiding plate (323)[0008]. Regarding Claim 12, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2 and Fig. 6) wherein the optical path bending prism (266 reflecting mirror which has concaves and convexes [0128]) is disposed above the cross dichroic prism (265). Regarding Claim 13, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2 and Fig. 6) wherein an intersecting axis of the cross dichroic prism (265) extends parallel to the light-guiding plate (323). Regarding Claim 14, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2 and Fig. 6) wherein an aperture diaphragm is auxiliarily provided at the second transmission surface of the optical path bending prism (266 reflecting mirror which has concaves and convexes [0128]). Regarding Claim 15, Aiki et al discloses (Fig. 2 and Fig. 6) An optical unit comprising: a first display panel (261r) configured to emit first image light; a second display panel (261b) configured to emit second image light having a wavelength region different from a wavelength region of the first image light; a third display panel (261g) configured to emit third image light having a wavelength region different from the wavelength regions of the first image light and the second image light; a cross dichroic prism (265) including a first light incident surface on which the first image light is incident, a second light incident surface on which the second image light is incident, and a third light incident surface on which the third image light is incident, and configured to synthesize the first image light, the second image light, and the third image light and emit synthesized image light from a light emission surface; a projection optical system [0165][0169] including an optical path bending prism (266 reflecting mirror which has concaves and convexes [0128] having a first transmission surface on which the image light from the cross dichroic prism (165) is incident, a first reflection surface (140) and a second reflection (150) surface that reflect the image light transmitted through the first transmission surface, and a second transmission surface that emits the image light reflected by the second reflection surface; and a light-guiding member (131) configured to guide the image light emitted from the projection optical system (800) to a pupil position at which an eye is located. HIDAKA YASUHIRO (Drawing 3 and pasted above) discloses the prism having a pentagonal column shape (“…The surface position detecting apparatus of the oblique incidence type, by bending the pentagonal prism light flux of the light source for detection, a photosensitive substrate surface as the test surface from an oblique direction, a pattern used in surface position detection (predetermined pattern) I have projected the primary image of...”). The optical path bending prism (6) having a pentagonal column shape and having a first transmission surface (6A) is incident into the pentagonal column shape (6), a first reflection surface (6B) and a second reflection surface (6c) that reflect inside the pentagonal column shape the image light transmitted through the first transmission surface, and a second transmission surface (6d) that emits the image light reflected by the second reflection surface outside the pentagonal column shape. Regarding Claim 16, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2 and Fig. 6) wherein the projection optical system and the cross dichroic prism are arranged along the light-guiding plate (131). Regarding Claim 17, In addition to Aiki et al and HIDAKA YASUHIRO,Aiki et al discloses (Fig. 2 and Fig. 6), wherein the projection optical system and the cross dichroic prism are arranged along the light-guiding plate (131). Conclusion Applicant's amendment necessitated the 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 LUCY P CHIEN whose telephone number is (571)272-8579. The examiner can normally be reached 9AM-5PM PST M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Caley can be reached at 571-272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LUCY P CHIEN/Primary Examiner, Art Unit 2871
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Prosecution Timeline

Aug 22, 2024
Application Filed
May 07, 2026
Non-Final Rejection mailed — §103
Jul 09, 2026
Response Filed
Jul 30, 2026
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

3-4
Expected OA Rounds
83%
Grant Probability
88%
With Interview (+5.5%)
2y 7m (~6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 932 resolved cases by this examiner. Grant probability derived from career allowance rate.

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