Prosecution Insights
Last updated: October 21, 2026
Application No. 19/153,346

THREE-DIMENSIONAL IMAGE DISPLAY METHOD USING AUGMENTED REALITY, AND DEVICE THEREFOR

Non-Final OA §102
Filed
Aug 04, 2025
Priority
Feb 03, 2023 — RE 10-2023-0015142 +1 more
Examiner
BODDIE, WILLIAM
Art Unit
2629
Tech Center
2600 — Communications
Assignee
Epitone Inc.
OA Round
1 (Non-Final)
28%
Grant Probability
At Risk
1-2
OA Rounds
3y 6m
Est. Remaining
50%
With Interview

Examiner Intelligence

Grants only 28% of cases
28%
Career Allowance Rate
57 granted / 204 resolved
-34.1% vs TC avg
Strong +22% interview lift
Without
With
+22.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 9m
Avg Prosecution
17 currently pending
Career history
234
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
65.7%
+25.7% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 204 resolved cases

Office Action

§102
DETAILED ACTION Notice of 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 . This action is in response to Response to Election/Restriction for application 19153346 filed on 08/03/2026. Claims 1-8, 11-17 and 21-23 are presented for examination, of which claims 16, 17 and 21-23 are withdrawn from consideration. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy of foreign priority document, Application No. KR10-2023-0015142, filed in Korea on 02/03/2023, has been received. Prior Art Rejections In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis 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 Rejections - 35 USC § 102 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 – (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. Claims 1-6 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US Patent Pub. No. 2020/0175750 A1) Regarding claim 1, Lee teaches a three-dimensional image display method (Lee, Figs. 3 and 14) comprising: an eye position data collection operation of collecting actual eye position data of a user (Lee, Fig. 14, obtain eye position information of user within system 1405); a virtual display panel preparation operation of preparing a virtual display panel having an augmented reality display specification (Lee, Fig. 14, determine pose information of system 1430 and determine object and pose of object based on pose information of system 1435; Lee, [0056], augmented reality content); a virtual barrier calculation operation of calculating a virtual barrier based on the actual eye position data and the virtual display panel (Lee, Fig. 14, calculate virtual viewpoints of user with respect to optical system based on eye position information and optical system information; Lee, [0085], parallax barrier); a virtual display panel pixel assignment operation of assigning pixels of the virtual display panel to correspond to an actual viewpoint of the user, based on the actual eye position data and the virtual barrier (Lee, [0111], assign pixel based on virtual ray based on viewpoint); a rendering operation of rendering stereo content corresponding to the actual viewpoint of the user (Lee, Fig. 14, render 3D image based on virtual viewpoints and stereo image); and a display operation of displaying a three-dimensional image based on the assigned pixels and the stereo content (Lee, Fig. 14, output 3D image to user through optical system). Regarding claim 2, Lee teaches the limitations of claim 1 and further teaches the actual eye position data is collected using an eye-tracking camera (Lee, [0021], a camera configured to generate eye position information of the user within the system). Regarding claim 3, Lee teaches the limitations of claim 1 and further teaches the actual viewpoint comprises a left eye viewpoint and a right eye viewpoint (Lee, [0075], left and right viewpoint), and the pixel assignment operation assigns a pixel corresponding to the left eye viewpoint and a pixel corresponding to the right eye viewpoint (Lee, [0075], pixel value assigned based on the viewpoints). Regarding claim 4, Lee teaches the limitations of claim 1 and further teaches the actual viewpoint comprises a left eye viewpoint and a right eye viewpoint (Lee, [0075], left and right viewpoint), and the stereo content comprises paired data of content corresponding to the left eye viewpoint and content corresponding to the right eye viewpoint (Lee, [0057], stereo image combines the left and right eye images to create a depth). Regarding claim 5, Lee teaches the limitations of claim 1 and further teaches the augmented reality display specification comprises a virtual image distance (d) and a viewing angle (θ) (Lee, [0109]-[0110], angles and distances). Regarding claim 6, Lee teaches the limitations of claim 1 and further teaches the virtual display panel has a first parameter (Lee, [0175], size of the screen), and the virtual barrier calculation operation calculates a second parameter of the virtual barrier from the augmented reality display specification, the first parameter, and the actual eye position data (Lee, Fig. 14, determine pose information of system 1430 and determine object and pose of object based on pose information of system 1435; Lee, Fig. 14, generate stereo image based on frustum information and object set within graphic space coordinate system 1445 and render 3D image based on virtual viewpoints and stereo image 1450; Lee, [0175], virtual screen also take into consideration of screen size). Regarding claim 11, Lee teaches a three-dimensional image display device (Lee, Fig. 1, system 100 with HUD 113 to generate 3d graphic) comprising: a processor (Lee, Fig. 1, processor 112); and a memory having computer-readable instructions stored thereon (Lee, Fig. 13, memory 1330; Lee, [0129], program), wherein the processor is configured, when the instructions are executed by the processor, to: calculate a virtual barrier based on collected actual eye position data of a user and a virtual display panel having an augmented reality display specification (Lee, Fig. 14, determine pose information of system 1430 and determine object and pose of object based on pose information of system 1435; Lee, [0056], augmented reality content; Lee, Fig. 14, calculate virtual viewpoints of user with respect to optical system based on eye position information and optical system information; Lee, [0085], parallax barrier); assign pixels of the virtual display panel to correspond to an actual viewpoint of the user, based on the actual eye position data and the virtual barrier (Lee, [0111], assign pixel based on virtual ray based on viewpoint); render stereo content corresponding to the actual viewpoint of the user (Lee, Fig. 14, render 3D image based on virtual viewpoints and stereo image); and display a three-dimensional image based on the assigned pixels and the stereo content (Lee, Fig. 14, output 3D image to user through optical system). Regarding claim 12, Lee teaches the limitations of claim 11 and further teaches the augmented reality display specification comprises a virtual image distance (d) and a viewing angle (θ) (Lee, [0109]-[0110], angles and distances). Regarding claim 13, Lee teaches the limitations of claim 11 and further teaches the virtual display panel has a first parameter (Lee, [0175], size of the screen), and the virtual barrier calculation calculates a second parameter of the virtual barrier from the augmented reality display specification, the first parameter, and the actual eye position data (Lee, Fig. 14, determine pose information of system 1430 and determine object and pose of object based on pose information of system 1435; Lee, Fig. 14, generate stereo image based on frustum information and object set within graphic space coordinate system 1445 and render 3D image based on virtual viewpoints and stereo image 1450; Lee, [0175], virtual screen also take into consideration of screen size). Allowable Subject Matter Claims 7, 8, 14 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The prior art, whether considered alone or in combination, fail to disclose the technical features of the claimed invention in context as a whole. Specifically, what each of the respective first parameter and second parameter comprises of in the manner claimed as a whole, is not sufficiently taught or suggested in the prior art. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. U.S. Patent Publication No. 2024/0087191 A1 to Edwards discloses a similar invention as recited, specifically adjusting display to display virtual object based on an eye position data of a user, see Figs. 3 and 9. U.S. Patent Publication No. 2024/0087247 A1 to Edwards discloses a similar invention as recited, specifically adjusting display to display virtual object based on an eye position data of a user, see Figs. 3 and 9. U.S. Patent Publication No. 2024/0420428 A1 to Usukura discloses a similar invention as recited, specifically adjusting display to display virtual object based on an eye position data of a user, see Figs. 4-6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONG HUI LIANG whose telephone number is (571)272-0487. The examiner can normally be reached M-F 7am-3pm EST. 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, BENJAMIN C. LEE can be reached at (571)272-2963. 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. /DONG HUI LIANG/ Primary Examiner, Art Unit 2629
Read full office action

Prosecution Timeline

Aug 04, 2025
Application Filed
Sep 14, 2026
Non-Final Rejection mailed — §102 (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

1-2
Expected OA Rounds
28%
Grant Probability
50%
With Interview (+22.1%)
4y 9m (~3y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 204 resolved cases by this examiner. Grant probability derived from career allowance rate.

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