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 .
Reissue Applications
For reissue applications filed before September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the law and rules in effect on September 15, 2012. Where specifically designated, these are “pre-AIA ” provisions.
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
Continuing Obligations
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which Patent No. 10,974,863 is or was involved. These proceedings would include any trial before the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation. Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application. These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Matters of Form
ABSTRACT: Please note that the abstract of the patent spans two pages given that the references cited and foreign patent documents were listed on the second page of the printed patent. The reissue application must include BOTH pages of the patent abstract. Correction is required.
BENEFIT CLAIM AND FILING RECEIPT: Applicant is encouraged to review their filing receipt to ensure that it properly reflects the intended benefit claim. If the filing receipt does NOT reflect the intended benefit claim, Applicant must request a CORRECTED filing receipt. It appears that the most recent filing receipt mailed on September 28,2023 indicates the relationship between 15/674818 and 15/196205 as a CONTINUATION and not a CIP. Requesting a corrected filing receipt is advised.
FEES: Applicant is reminded that MPEP 1415.01 states that the “filing of a reissue application does not alter the schedule of payments of maintenance fees on the original patent. If maintenance fees have not been paid on the original patents are required by 35 USC41(b) and 37 CFR 1.20, and the patent has expired, no reissue patent can be granted.” The 3.5 year maintenance fee in Patent No. 10,974,863 is due. The window for paying the fee opened on April 13, 2024. The surcharge will begin on October 16, 2024 and the last day to pay the fee is April 14, 2025
CERTIFICATE OF CORRECTION IN PATENT: US Patent No. 10,974,863 includes a certificate of correction dated April 12, 2022.
MPEP 1453 VI. states:
For a reissue application, where a certificate of correction has issued for the patent:
An amendment in the reissue application must be presented as if the changes made to the original patent text via the certificate of correction are a part of the original patent. Thus, all text added by certificate of correction is presented in the amendment (made in the reissue application) without italics. Further, any text deleted by certificate of correction is entirely omitted in the amendment (made in the reissue application). A claim canceled by the certificate of correction must be deleted by a direction to strike through the claim, i.e., the canceled claim(s) should be lined through, and not surrounded by brackets.
It appears that the clean copy of the specification and the claim listing provided by Applicant upon filing of the reissue application on April 13, 2023 does NOT include the changes made to the patent via Certificate of Correction. Correction Is required.
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.
Claim(s) 1-2, 5, 10 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaufman (2,789,460). With respect to claim 1, Kaufman discloses a collapsible virtual reality view comprising:
a body portion, the body portion comprising:
a first body wall, in the form of a portion of blank (12) bounded by fold lines (40) and (42);
a second body wall, in the form of a portion of blank (12) bounded by fold lines (32) and (34), opposite the first body wall;
a first side wall (52), bounded by fold lines (56) and (58) joining (by way of intervening structures) the first body wall and the second body wall, the first side wall comprising a first side panel, bounded by fold lines (56) and (54) and a second side panel, bounded by fold lines (54) and (58), separated by a first fold line (54) extending parallel to the first body wall (when viewer is collapsed in flat blank form as shown in Figure 1);
and a second side wall (52) opposite the first side wall and joining the first body wall and the second body wall (by way of intervening structures), the second side wall comprising a third side panel, bounded by fold lines (56) and (64) and a fourth side panel, bounded by fold lines (54) and (58), separated by a second fold line (54) extending parallel to the first body wall (when view is collapsed in flat blank form as shown in Figure 1);
and a viewing portion coupled to the body portion, the viewing portion comprising:
an outer view panel, in the form of a portion of blank (12) bounded by fold lines (36) and (38), with one or more viewing apertures (44)(44) for permitting viewing of a virtual reality displace device (in the form of a “stereoscopic picture slide of film” (see column 2, line 67)) when received in the viewer,
an inner viewing panel, in the form of a portion of blank (12) bounded by fold lines (26) and (42) having a display aperture (18) for permitting viewing a virtual reality display device when received in the viewer,
an intermediate viewing panel, in the form of a portion of blank (12) bounded by fold lines (38) and (40) that spaces apart the outer viewing panel and a slot (90) formed by the inner viewing panel and a back panel, in the form of a portion of blank (12) bounded by fold lines (32) and (22),
wherein the virtual reality viewer includes a plurality of fold lines and is configured to fold between a collapsed configuration (see Figure 1) and an expanded configuration (see Figure 3),
wherein when in the expanded configuration the slot is configured to hold a virtual reality display device (see column 2, lines 65 – column 3, line 1).
With respect to claim 2, the back panel is part of the viewing portion and includes foldable tab portion (24), and abuts one or more panels of the viewing portion (i.e. the inner viewing panel carrying display aperture (18)) along fold lines (22) and (32) (see Figure 4).
With respect to claim 5, the back panel is permanently secured to the body portion via one or more hinging panels, in the form of a portion of blank (12) bounded by fold lines (34) and (36).
With respect to claim 10, wherein a first angle between the first side panel and the second side panel and a second angle between the third side panel and the fourth side panel are each less than 180 degrees (See Figure 3) when the collapsible virtual reality viewer is in the expanded configuration.
With respect to claim 11, the viewing portion, further comprises a plurality of reinforcement panels (67)(67) secured to the outer viewing panel, each reinforcement panel (67) having one viewing aperture (68) positioned to align with the one or more viewing apertures of the outer viewing panel.
Allowable Subject Matter
Claims 3-4 and 6-9 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.
Claims 12-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
With respect to claim 12, the prior art fails to disclose either singly or in obvious combination a collapsible virtual reality viewer comprising a body portion and a viewing portion as claimed wherein a detachable portion comprising a detachable panel is removably coupled to a first body wall of the body portion along a plurality of perforations.
With respect to claim 17, the prior art fails to disclose either singly or in obvious combination a collapsible virtual reality viewer comprising a body portion and a viewing portion as claimed wherein the body portion is formed from a first piece of material, the viewing portion is formed from a second piece of material and panels of the body portion are die cut from the first piece of material and panels of the viewing portion are die cut from the second piece of material.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Rice (4,846,553); Schultz (5,353,151); Carver (4,242,818) and Carver (4,357,073). Note how both patents disclose side panels that are hingedly attached to form sidewalls of a collapsible media viewing device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B. MCPARTLIN whose telephone number is (571)272-6854. The examiner can normally be reached M-F 8 am - 5 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, Eileen Lillis can be reached on 571-272-6928. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH B MCPARTLIN/Reexamination Specialist, Art Unit 3993
Conferees: /WILLIAM E DONDERO/ Reexamination Specialist, Art Unit 3993
/EILEEN D LILLIS/SPRS, Art Unit 3993