Prosecution Insights
Last updated: July 17, 2026
Application No. 19/233,743

VIRTUAL IMAGE DISPLAY DEVICE

Non-Final OA §102§103
Filed
Jun 10, 2025
Priority
Dec 16, 2022 — JP 2022-201443 +1 more
Examiner
TRIVEDI, ATUL
Art Unit
3661
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Denso Corporation
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
791 granted / 869 resolved
+39.0% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
23 currently pending
Career history
888
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
76.3%
+36.3% vs TC avg
§102
5.6%
-34.4% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 869 resolved cases

Office Action

§102 §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 . Claim Rejections - 35 USC § 102 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. 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 4 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang, US 2020/0247412 A1. As per Claim 4, Wang teaches a virtual image display device configured to display a virtual image that is visible from an occupant in a vehicle (¶ 72; “a display device”), the virtual image display device comprising: an actuator configured to switch a position of a display area between a first position and a second position (¶¶ 89-90), the display area being an area on which the virtual image is displayed (¶¶ 92); and at least one of (i) a circuit and (ii) a processor with a memory storing computer program code executable by the processor (¶¶ 53-54; reference vehicle processor 202 of Figure 2), the at least one of the circuit and the processor being configured to display the virtual image of a corresponding content for each of the first position and the second position according to switching of the position of the display area by the actuator (¶¶ 90-92), the virtual image displayed in the position of the display area, other than the first position, following a display rule that is associated with at least one of a type of the content or the position of the display area (¶ 94; based on “a position range for positioning the merging vehicle in the second lane based on the simulated position of the reference vehicle”); wherein the content for the second position includes a notification content that informs about a risk target around the vehicle, the at least one of the circuit and the processor is configured to set a non- display area in the second position, based on the display rule, on displaying the notification content at the second position (¶ 97), and the non-display area is an area where the virtual image is not displayed in the display area (¶¶ 96-97). As per Claim 13, Wang teaches a display control device (¶ 72; “a display device”) configured to control, with interacting with a virtual image display device, display of a virtual image that is visible from an occupant in a vehicle, the display control device comprising at least one of (i) a circuit and (ii) a processor with a memory storing computer program code executable by the processor (¶¶ 53-54; reference vehicle processor 202 of Figure 2), the at least one of the circuit and the processor being configured to cause the display control device to: control the virtual image display device to display the virtual image and to switch a position of a display area between a first position and a second position (¶¶ 90-92), wherein the display area is an area on which the virtual image is displayed (¶ 95; “display surface 120” of Figure 11A), the virtual image has a content that varies depending on whether the virtual image is displayed in the first position or the second position (¶¶ 89-90), and the virtual image displayed in the position of the display area, other than the first position, follows a display rule that is associated with at least one of a type of the content or the position of the display area (¶ 94; based on “a position range for positioning the merging vehicle in the second lane based on the simulated position of the reference vehicle”); and set a non-display area in the second position on displaying a notification content as the content at the second position (¶ 97), wherein the notification content informs about a risk target around the vehicle (¶ 96; “the risk of a traffic accident”), and the non-display area is an area where the virtual image is not displayed in the display area (¶¶ 96-97). Claim Rejections - 35 USC § 103 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. Claims 1-3, 5-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claim 1 above, and further in view of Roggenkamp, et al., US 2021/0333114 A1. As per Claim 1, Wang teaches a virtual image display device configured to display a virtual image that is visible from an occupant in a vehicle (¶ 72; “a display device”), the virtual image display device comprising: an actuator configured to switch a position of a display area between a first position and a second position which is upper than the first position (¶¶ 89-90), the display area being an area on which the virtual image is displayed (¶ 92); and at least one of (i) a circuit and (ii) a processor with a memory storing computer program code executable by the processor (¶¶ 53-54; reference vehicle processor 202 of Figure 2), the at least one of the circuit and the processor being configured to display the virtual image of a corresponding content for each of the first position and the second position according to switching of the position of the display area by the actuator (¶¶ 90-92), the virtual image displayed in the position of the display area, other than the first position (¶¶ 87, 92), following a display rule that is associated with at least one of a type of the content or the position of the display area (¶ 94; based on “a position range for positioning the merging vehicle in the second lane based on the simulated position of the reference vehicle”). Wang does not expressly teach that the content for the second position includes a filled background, the at least one of the circuit and the processor is configured to limit a display duration of the filled background, based on the display rule, on displaying the filled background at the second position, and the display duration is a duration during which the filled background is kept displayed. Roggenkamp teaches that the content for the second position includes a filled background, the at least one of the circuit and the processor is configured to limit a display duration of the filled background, based on the display rule (¶¶ 95-96; with “color coding” based on precipitation thresholds), on displaying the filled background at the second position, and the display duration is a duration during which the filled background is kept displayed (¶ 109; as the display “may be updated every predetermined time period”). At the time of the invention, a person of skill in the art would have thought it obvious to combine the virtual image display device of Wang with the color coding scheme of Roggenkamp, in order to enable more timely updates to travel time estimates for a planned trip. As per Claim 2, Wang does not expressly teach that the content for the second position further includes text information, and the at least one of the circuit and the processor is configured to emphasize an outline of each character in the text information with a color different from a color of the filled background, based on the display rule, on displaying the text information on the filled background at the second position. Roggenkamp teaches that the content for the second position further includes text information, and the at least one of the circuit and the processor is configured to emphasize an outline of each character in the text information with a color different from a color of the filled background, based on the display rule, on displaying the text information on the filled background at the second position (¶ 96; as per screenshots 400 and 410 of Figure 4). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 3, Wang teaches that the content for the second position includes a notification content that informs about a risk target around the vehicle, the at least one of the circuit and the processor is configured to set a non- display area in the second position, based on the display rule, on displaying the notification content at the second position (¶ 97), and the non-display area is an area where the virtual image is not displayed in the display area (¶¶ 96-97). As per Claim 5, Wang teach that the content includes text information, and the at least one of the circuit and the processor is configured to reduce at least one of a number of characters or a size of each character in the text information displayed at the second position compared to the text information displayed at the first position (¶ 97; “as depicted in FIG. 11A”), based on the display rule (¶ 103; e.g., as in Figure 11B). As per Claim 6, Wang teaches that the content includes a route guidance content that is used for a route guidance at a specified position, and the at least one of the circuit and the processor is configured to change a mode of the route guidance content according to a distance from the vehicle to the specified position (¶¶ 92-93; as “the driver of the merging vehicle may adjust the vehicle movement of the merging vehicle”), based on the display rule (¶ 94). As per Claim 7, Wang teaches that the content for the second position includes a notification content that informs about a risk target around the vehicle (¶¶ 79-80, 96). Wang does not expressly teach that the at least one of the circuit and the processor is configured to limit a number of colors used for the virtual image at the second position compared to a number of colors used for the virtual image at the first position, based on the display rule, on displaying the notification content at the second position. Roggenkamp teaches that the at least one of the circuit and the processor is configured to limit a number of colors used for the virtual image at the second position compared to a number of colors used for the virtual image at the first position, based on the display rule, on displaying the notification content at the second position (¶¶ 153-154). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 8, Wang teaches that the content includes a notification content that informs about a risk target around the vehicle (¶¶ 79-80, 86) and a route guidance content used for a route guidance at a specified position (¶ 5; as taken from “in-dash navigation units”). Wang does not expressly teach that the at least one of the circuit and the processor is configured to differentiate the notification content from the route guidance content with different colors or shapes, based on the display rule. Roggenkamp teaches that the at least one of the circuit and the processor is configured to differentiate the notification content from the route guidance content with different colors or shapes, based on the display rule (¶¶ 153-154). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 9, Wang teaches that the at least one of the circuit and the processor is configured to stop displaying the virtual image at the first position (¶ 53; being “optionally configured to enable the reference vehicle processor 202 and disable other components of the virtualized driver assistance application 120” as in Figures 1 and 2) before the actuator moves the display area from the first position to the second position without the virtual image being displayed (¶ 92; “based on the simulated position of the reference vehicle corresponding to the merging vehicle and the roadway attributes of the second lane”). As per Claim 10, Wang teaches that the content includes a common section that is common before and after movement of the display area from the first position to the second position (¶ 87; “a projection device configured to project information on any suitable existing surface of the vehicle, such as those within the driver's view of the roadway (e.g., the windscreen)”), and the at least one of the circuit and the processor is configured to adjust a display size of the virtual image of the common section while a relationship between the virtual image of the common section and a vanishing point in a foreground is maintained between the first position and the second position, based on the display rule (¶¶ 91-92; to adjust “display position”). As per Claim 11, Wang teaches that the content includes a linear image section that extends toward a vanishing point in a foreground (¶ 93; as the road lines converge toward a point in Figure 11A), the linear image section is displayed both in the first position before movement of the display area and in the second position after the movement of the display area (¶ 92; as “the display position and/or the display size of the virtual target may be determined based on the simulated position of the reference vehicle corresponding to the merging vehicle and the roadway attributes of the second lane”), and the at least one of the circuit and the processor is configured to adjust a tilt of the linear image section while an orientation of the linear image section toward the vanishing point is maintained between the first position and the second position, based on the display rule. As per Claim 12, Wang teaches a display control device (¶ 72; “a display device”) configured to control, with interacting with a virtual image display device, display of a virtual image that is visible from an occupant in a vehicle, the display control device comprising at least one of (i) a circuit and (ii) a processor with a memory storing computer program code executable by the processor (¶¶ 53-54; reference vehicle processor 202 of Figure 2), the at least one of the circuit and the processor being configured to cause the display control device to: control the virtual image display device to display the virtual image and to switch a position of a display area between a first position and a second position that is upper than the first position (¶¶ 90-92), wherein the display area is an area on which the virtual image is displayed (¶ 95; “display surface 1120” of Figure 11A), the virtual image has a content that varies depending on whether the virtual image is displayed in the first position or the second position (¶¶ 89-90), and the virtual image displayed in the position of the display area, other than the first position, follows a display rule that is associated with at least one of a type of the content or the position of the display area (¶ 94; based on “a position range for positioning the merging vehicle in the second lane based on the simulated position of the reference vehicle”). Wang does not expressly teach limiting a display duration of a filled background in the content at the second position based on the display rule, wherein the display duration is a duration during which the filled background is kept displayed. Roggenkamp teaches limiting a display duration of a filled background in the content at the second position based on the display rule (¶¶ 95-96; with “color coding” based on precipitation thresholds), wherein the display duration is a duration during which the filled background is kept displayed (¶ 109; as the display “may be updated every predetermined time period”). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 14, Wang does not expressly teach that the at least one of the circuit and the processor is configured to limit the number of colors used for the virtual image at the second position after the virtual image is moved from the first position to the second position. Roggenkamp teaches that the at least one of the circuit and the processor is configured to limit the number of colors used for the virtual image at the second position after the virtual image is moved from the first position to the second position (¶¶ 95-96; as “the color coding of the route sections are color coded to illustrate these discrete and interpolated values”). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ATUL TRIVEDI whose telephone number is (313)446-4908. The examiner can normally be reached Mon-Fri; 9:00 AM-5:00 PM 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, Peter Nolan can be reached at (571) 270-7016. 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. ATUL TRIVEDI Primary Examiner Art Unit 3661 /ATUL TRIVEDI/Primary Examiner, Art Unit 3661
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Prosecution Timeline

Jun 10, 2025
Application Filed
Jul 10, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+8.7%)
1y 11m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 869 resolved cases by this examiner. Grant probability derived from career allowance rate.

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