Prosecution Insights
Last updated: July 17, 2026
Application No. 18/903,454

IMAGE DISPLAY APPARATUS

Non-Final OA §DP
Filed
Oct 01, 2024
Priority
Jul 12, 2017 — JP 2017-136618 +4 more
Examiner
CHOWDHURY, SULTAN U.
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Sony Group Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1328 granted / 1483 resolved
+21.5% vs TC avg
Moderate +6% lift
Without
With
+6.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
16 currently pending
Career history
1504
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
71.3%
+31.3% vs TC avg
§102
14.8%
-25.2% vs TC avg
§112
5.9%
-34.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1483 resolved cases

Office Action

§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 . Double Patenting The non-statutory 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 non-statutory 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 non-statutory 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 filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1, 9, 16 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 12, 19 of U.S. Patent No. 12,130,547 (US 12,130,547 B2). Although the claims at issue are not identical, they are not patentably distinct from each other because both the patent and the instant application claim an image display apparatus, comprising: a first optical device configured to extract a first light beam corresponding to a first color, the first color being one of red, green, and blue, a second optical device configured to split the first light beam into a first split light beam and a second split light beam, the first split light beam and the second split light beam each travelling in a different direction, and a sensor disposed on an optical path of the second split light beam and comprising a first filter and a second filter, the sensor being configured to detect a state of the second split light beam, wherein the first filter is configured to transmit a light beam in a first wavelength range corresponding to the first color, the second filter is configured to transmit a light beam in a second wavelength range, the second wavelength range including at least part of the first wavelength range and being different from the first wavelength range, and the sensor comprises a plurality of the first filters and a plurality of the second filters, the plurality of the first filters and the plurality of the second filters being arranged in a two-dimensional form, and each of the plurality of the second filters is arranged to not be next to another one of the second filters; an image display apparatus, comprising: a first optical device configured to extract a first light beam corresponding to a first color, the first color being one of red, green, and blue, a second optical device configured to split the first light beam into a first split light beam and a second split light beam, the first split light beam and the second split light beam each travelling in a different direction, and a sensor disposed on an optical path of the second split light beam and comprising a first filter and a second filter, the sensor being configured to detect a state of the second split light beam, wherein the first filter is configured to transmit a light beam in a first wavelength range corresponding to the first color, the second filter is configured to transmit a light beam in a second wavelength range, the second wavelength range including at least part of the first wavelength and being different from the first wavelength range, the sensor further comprises a third filter configured to transmit a light beam in a third wavelength range corresponding to one of green or blue, and the sensor further comprises a fourth filter configured to transmit a light beam in a fourth wavelength range corresponding to the other one of green or blue and an image display apparatus, comprising: a first optical device configured to extract a first light beam corresponding to a first color, the first color being one of red, green, and blue, a second optical device configured to split the first light beam into a first split light beam and a second split light beam, the first split light beam and the second split light beam each travelling in a different direction, and a sensor disposed on an optical path of the second split light beam and comprising a first filter and a second filter, the sensor being configured to detect a state of the second split light beam, wherein the first filter is configured to transmit a light beam in a first wavelength range corresponding to the first color, the second filter is configured to transmit a light beam in a second wavelength range, the second wavelength range including at least part of the first wavelength and being different from the first wavelength range, and the second filter is configured to transmit a light beam corresponding to a noise component in the light beam passing through the first filter. The only difference between the patent and the instant application is having a first dichroic mirror and a light-splitting surface (in instant application). Having a first dichroic mirror and a light-splitting surface is well known in the art and would have been obvious. Allowable Subject Matter Claims 1-20 would be allowed if earlier non-statutory double patenting are successfully overcome. As of claim 1, the closest prior art NOBORI (US 20150172591 A1) teaches a projector that projects an image on a screen SC (projection surface), the projector 1 is connected via an image input I/F (interface) 101 to an external image supply device (not illustrated), such as a computer such as a PC or the like, or various image players, and projects the image on the screen SC, based on digital image data that is input to the image input I/F 101. The projector 1 includes a projection unit 2 that forms an optical image. The projection unit 2 includes a light source unit 3 (light source), a light modulation device (modulation unit) 4, and a projection optical system 6. The light source unit 3 can use a lamp such as a xenon lamp or an ultra-high-pressure mercury lamp, or solid light source such as a light emitting diode (LED) or a laser light source. In the present embodiment, an example in which a laser light source is included will be described, as will be described later. The light source unit 3 includes a laser light source, and an optical component that generates light of three colors of red (R), green (G), and blue (B) based on the light which is emitted from the laser light source. The laser light source of the light source unit 3 is PWM-controlled by a pulse signal that is input from light source drive unit 130. The light modulation device 4 modulates the light of three colors of R, G, and B that is emitted from the light source unit 3. The light modulation device 4 includes three liquid crystal light valves in correspondence with the light of three colors of R, G, and B. The liquid crystal light valves according to the present embodiment are configured with reflection type liquid crystal panels 4R, 4G, and 4B. The projection optical system 6 includes a lens group that synthesizes and condenses the light which is modulated by the light modulation device 4, and projects color image light on the screen SC. The projection optical system 6 includes a focus adjustment mechanism or a zoom mechanism. Focus adjustment or zoom adjustment is performed by an operation of a user. In addition, the projector 1 may include a projection optical system drive unit configured with a motor or the like that drives the focus adjustment mechanism or the zoom mechanism. NOBORI does not anticipate or render obvious, alone or in combination, a first dichroic mirror configured to extract a first light beam corresponding to a first color, the first color being one of red, green, and blue, a light-splitting surface configured to split the first light beam into a first split light beam and a second split light beam, the first split light beam and the second split light beam each travelling in a different direction, and a sensor disposed on an optical path of the second split light beam and comprising a first filter and a second filter, the sensor being configured to detect a state of the second split light beam, wherein the first filter is configured to transmit a light beam in a first wavelength range corresponding to the first color, the second filter is configured to transmit a light beam in a second wavelength range, the second wavelength range including at least part of the first wavelength range and being different from the first wavelength range, and the sensor comprises a plurality of the first filters and a plurality of the second filters, the plurality of the first filters and the plurality of the second filters being arranged in a two-dimensional form, and each of the plurality of the second filters is arranged to not be next to another one of the second filters. Claims 2-8 would be allowed as being dependent on claim 1. As of claim 9, the closest prior art NOBORI (US 20150172591 A1) teaches a projector that projects an image on a screen SC (projection surface), the projector 1 is connected via an image input I/F (interface) 101 to an external image supply device (not illustrated), such as a computer such as a PC or the like, or various image players, and projects the image on the screen SC, based on digital image data that is input to the image input I/F 101. The projector 1 includes a projection unit 2 that forms an optical image. The projection unit 2 includes a light source unit 3 (light source), a light modulation device (modulation unit) 4, and a projection optical system 6. The light source unit 3 can use a lamp such as a xenon lamp or an ultra-high-pressure mercury lamp, or solid light source such as a light emitting diode (LED) or a laser light source. In the present embodiment, an example in which a laser light source is included will be described, as will be described later. The light source unit 3 includes a laser light source, and an optical component that generates light of three colors of red (R), green (G), and blue (B) based on the light which is emitted from the laser light source. The laser light source of the light source unit 3 is PWM-controlled by a pulse signal that is input from light source drive unit 130. The light modulation device 4 modulates the light of three colors of R, G, and B that is emitted from the light source unit 3. The light modulation device 4 includes three liquid crystal light valves in correspondence with the light of three colors of R, G, and B. The liquid crystal light valves according to the present embodiment are configured with reflection type liquid crystal panels 4R, 4G, and 4B. The projection optical system 6 includes a lens group that synthesizes and condenses the light which is modulated by the light modulation device 4, and projects color image light on the screen SC. The projection optical system 6 includes a focus adjustment mechanism or a zoom mechanism. Focus adjustment or zoom adjustment is performed by an operation of a user. In addition, the projector 1 may include a projection optical system drive unit configured with a motor or the like that drives the focus adjustment mechanism or the zoom mechanism. NOBORI does not anticipate or render obvious, alone or in combination, a first dichroic mirror configured to extract a first light beam corresponding to a first color by reflecting the first light beam, the first color being one of red, green, and blue, alight-splitting surface configured to split the first light beam into a first split light beam and a second split light beam, the first split light beam and the second split light beam each travelling in a different direction, and a sensor disposed on an optical path of the second split light beam and comprising a first filter and a second filter, the sensor being configured to detect a state of the second split light beam, wherein the first filter is configured to transmit a light beam in a first wavelength range corresponding to the first color, the second filter is configured to transmit a light beam in a second wavelength range, the second wavelength range including at least part of the first wavelength range and being different from the first wavelength range, the sensor further comprises a third filter configured to transmit a light beam in a third wavelength range corresponding to one of green or blue, and the sensor further comprises a fourth filter configured to transmit a light beam in a fourth wavelength range corresponding to the other one of green or blue. Claims 10-15 would be allowed as being dependent on claim 9. As of claim 16, the closest prior art NOBORI (US 20150172591 A1) teaches a projector that projects an image on a screen SC (projection surface), the projector 1 is connected via an image input I/F (interface) 101 to an external image supply device (not illustrated), such as a computer such as a PC or the like, or various image players, and projects the image on the screen SC, based on digital image data that is input to the image input I/F 101. The projector 1 includes a projection unit 2 that forms an optical image. The projection unit 2 includes a light source unit 3 (light source), a light modulation device (modulation unit) 4, and a projection optical system 6. The light source unit 3 can use a lamp such as a xenon lamp or an ultra-high-pressure mercury lamp, or solid light source such as a light emitting diode (LED) or a laser light source. In the present embodiment, an example in which a laser light source is included will be described, as will be described later. The light source unit 3 includes a laser light source, and an optical component that generates light of three colors of red (R), green (G), and blue (B) based on the light which is emitted from the laser light source. The laser light source of the light source unit 3 is PWM-controlled by a pulse signal that is input from light source drive unit 130. The light modulation device 4 modulates the light of three colors of R, G, and B that is emitted from the light source unit 3. The light modulation device 4 includes three liquid crystal light valves in correspondence with the light of three colors of R, G, and B. The liquid crystal light valves according to the present embodiment are configured with reflection type liquid crystal panels 4R, 4G, and 4B. The projection optical system 6 includes a lens group that synthesizes and condenses the light which is modulated by the light modulation device 4, and projects color image light on the screen SC. The projection optical system 6 includes a focus adjustment mechanism or a zoom mechanism. Focus adjustment or zoom adjustment is performed by an operation of a user. In addition, the projector 1 may include a projection optical system drive unit configured with a motor or the like that drives the focus adjustment mechanism or the zoom mechanism. NOBORI does not anticipate or render obvious, alone or in combination, a first dichroic mirror configured to extract a first light beam corresponding to a first color, the first color being one of red, green, and blue, a light-splitting surface configured to split the first light beam into a first split light beam and a second split light beam, the first split light beam and the second split light beam each travelling in a different direction, and a sensor disposed on an optical path of the second split light beam and comprising a first filter and a second filter, the sensor being configured to detect a state of the second split light beam, wherein the first filter is configured to transmit a light beam in a first wavelength range corresponding to the first color, the second filter is configured to transmit a light beam in a second wavelength range, the second wavelength range including at least part of the first wavelength range and being different from the first wavelength range, and the second filter is configured to transmit a light beam corresponding to a noise component in the light beam passing through the first filter. Claims 17-20 would be allowed as being dependent on claim 16. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: - Prior Art TANAKA (US 20230091332 A1) teaches a light source device configured to emit a light beam in a first direction includes a first exit position from which a first colored light beam is emitted, a second exit position from which a second colored light beam is emitted, a third exit position from which a third colored light beam is emitted, and a fourth exit position from which a fourth colored light beam is emitted, at least one of the first through fourth colored light beams is a target colored light beam which has a peak wavelength out of a reference wavelength range, and a beam diameter of which is to be adjusted, an adjusting element disposed on a light path of the target colored light beam; - Prior Art Hayashi (US 20030151725 A1) teaches a projector which modulates light emitted from a solid light source by an optical modulator and projects an image includes, a division unit which divides first light beams forming the image, a diffusion plate which diffuses one of the first light beams divided by the division unit, a first sensor which receives the light beams diffused by the diffusion plate, a second sensor which receives second light beams having a full width at the half maximum of a spectrum different from the first light beams and forming the image, an adjustment unit which adjusts a ratio of the first light beams to the second light beams according to a detection result of the first sensor and a detection result of the second sensor. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SULTAN U. CHOWDHURY whose telephone number is (571)270-3336. The examiner can normally be reached on 5:30 AM-5:30 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minh-Toan Ton can be reached on 571-272-2303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SULTAN CHOWDHURY/ Primary Examiner, Art Unit 2882
Read full office action

Prosecution Timeline

Oct 01, 2024
Application Filed
Dec 23, 2024
Response after Non-Final Action
Jun 29, 2026
Non-Final Rejection mailed — §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
96%
With Interview (+6.4%)
2y 0m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1483 resolved cases by this examiner. Grant probability derived from career allowance rate.

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