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 .
Status
The filing on 8/14/2026 cancelled claims 1-11 and added claims 12-18. Claims 12-18 are pending and rejected.
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/14/2026 has been entered.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claim(s) 12-15, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barnett (US 20180284587 A1) in view of Huebner (US 20100277696 A1).
Regarding claim 12, Batnett teaches an assembly (100), comprising: a housing (120) having a surface with an interior (124) and an exterior (126); circuitry in said housing (120) containing a microprocessor (182), a sound chip (in 140), and a speaker (142), wherein said sound chip (in 140) can produce vocal sounds over said speaker (142; [0043], [0045], [0047], [0053], [0055], [0058], [0073]); a projector (140) for projecting said face segment images onto said interior (124) of said surface, wherein said face segment images are visible on said exterior (126) of said housing (120) through said surface, wherein said microprocessor (182) controls the projector (140) to project changing facial features ([0004], [0005], [0058], [0074, [0075]) that change in synchronization with said vocal sounds played over said speaker (142), therein providing animation to said face that cause said face to appear to be speaking said vocal sounds ([0005], [0030], [0045], [0037], [0075]).
Huebner teaches a projector (Fig. 1-56B) having a plurality of film segments (106, 236, 436, 736, 836) that contain said face segment images (341-346, 540-546, 640-644, 760, 762, 940, 942, 944, 946, 948, 950); said projector containing light emitting diodes (102, 232, 432, 732, 832) independently controlled by said microprocessor (120) that selectively backlight said plurality of film segments (106, 236, 436, 736, 836), wherein a first lens array (110, 240, 440, 740, 840) directs said face segment images (341-346, 540-546, 640-644, 760, 762, 940, 942, 944, 946, 948, 950) onto said surface when any of said plurality of film segments (106, 236, 436, 736, 836) are backlit; wherein said face segment images (341-346, 540-546, 640-644, 760, 762, 940, 942, 944, 946, 948, 950) combine to create a face with different facial features when said light emitting diodes (102, 232, 432, 732, 832) are activated in different combinations ([0217]), and wherein said microprocessor (120) selectively activates different combinations of said light emitting diodes (102, 232, 432, 732, 832) to create changing facial features ([0217]).
It would have been obvious to a person of ordinary skills in the art, at the time of the invention, to combine Barnett with Huebner; because it uses a low cost and economical projector.
Regarding claim 13, the combination of Barnett and Huebner consequently results in a reflector array (104, 234, 434, 734, 834; Fig. 13, 26, [0100] of Huebner) having a reflector cone for each of said light emitting diodes (102, 232, 432, 732, 832 of Huebner).
Regarding claim 14, the combination of Barnett and Huebner consequently results in a frame element (Fig. 2-4) for retaining said plurality of film segments (106, 236, 436, 736, 836 of Huebner) between said light emitting diodes (102, 232, 432, 732, 832 of Huebner) and said interior (124 of Barnett) of said surface.
Regarding claim 15, the combination of Barnett and Huebner consequently results in an aperture array (108, 238, 438, 738, 838 of Huebner) between said light emitting diodes (102, 232, 432, 732, 832 of Huebner) and said interior (124 of Barnett) of said surface.
Regarding claim 17, the combination of Barnett and Huebner consequently results in said plurality of film segments (106, 236, 436, 736, 836) are affixed to said first lens array (110, 240, 440, 740, 840; Fig. 13).
Regarding claim 18, the combination of Barnett and Huebner consequently results in light emitting diodes (102, 232, 432, 732, 832) are arranged along a parabolic curve (Fig. 5-7, 13, 16-18).
Claim(s) 12-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barnett (US 20180284587 A1) in view of Klein (US 8405015 B1).
Regarding claim 12, Batnett teaches an assembly (100), comprising: a housing (120) having a surface with an interior (124) and an exterior (126); circuitry in said housing (120) containing a microprocessor (182), a sound chip (in 140), and a speaker (142), wherein said sound chip (in 140) can produce vocal sounds over said speaker (142; [0043], [0045], [0047], [0053], [0055], [0058], [0073]); a projector (140) for projecting said face segment images onto said interior (124) of said surface, wherein said face segment images are visible on said exterior (126) of said housing (120) through said surface, wherein said microprocessor (182) controls the projector (140) to project changing facial features ([0004], [0005], [0058], [0074, [0075]) that change in synchronization with said vocal sounds played over said speaker (142), therein providing animation to said face that cause said face to appear to be speaking said vocal sounds ([0005], [0030], [0045], [0037], [0075]).
Klein teaches a projector (Fig. 1-9) having a plurality of film segments (42a-i) that contain said face segment images (Fig. 6); said projector containing light emitting diodes (22, 23) independently controlled by said microprocessor (46) that selectively backlight said plurality of film segments (42a-i), wherein a first lens array (29) directs said face segment images (Fig. 6) onto said surface when any of said plurality of film segments (42a-i) are backlit; wherein said face segment images (Fig. 6) combine to create an animation when said light emitting diodes (22, 23) are activated in different combinations (col. 3, lines 7-28), and wherein said microprocessor (46) selectively activates different combinations of said light emitting diodes (22, 23) to create changing animation (col. 3, lines 7-28).
It would have been obvious to a person of ordinary skills in the art, at the time of the invention, to combine Barnett with Klein; because it uses a low cost and economical projector.
Regarding claim 13, the combination of Barnett and Klein consequently results in a reflector array (Fig. 4 of Klein) having a reflector cone for each of said light emitting diodes (22, 23 of Klein).
Regarding claim 14, the combination of Barnett and Klein consequently results in a frame element (26; Fig. 1a-b, 6 of Klein) for retaining said plurality of film segments (42a-i of Klein) between said light emitting diodes (22, 23 of Klein) and said interior (124 of Barnett) of said surface.
Regarding claim 15, the combination of Barnett and Klein consequently results in an aperture array (33a/b of Klein) between said light emitting diodes (22, 23 of Klein) and said interior (124 of Barnett) of said surface.
Regarding claim 16, the combination of Barnett and Klein consequently results in a second lens array (28 of Klein) positioned between said first lens array (29 of Klein) and said interior (124 of Barnett) of said surface.
Regarding claim 17, the combination of Barnett and Klein consequently results in said plurality of film segments (42a-I of Klein) are affixed to said first lens array (29; Fig. 1a-b of Klein).
Response to Arguments
Applicant's arguments with respect to claim 12 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-LUAN Q LE whose telephone number is (571)270-5362. The examiner can normally be reached on Monday-Friday; 9:00AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minh-Toan Ton can be reached on (571) 272 230303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BAO-LUAN Q LE/
Primary Examiner, Art Unit 2882
