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 09/18/2025 amended claim 1 and cancelled claim 6. Claims 1-5 and 7-12 are pending and rejected.
Claim Rejections - AIA 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 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 of this title, 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 and 3-5, 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20240388680 A1) in view of Selfe (US 11099469 B1).
Regarding claim 1. Wang teaches a projector (Fig. 4-11) for use in a household item, decoration, or toy, the projector comprising: at least two housing shells (Fig. 11), which mate together to form a projector housing (80), the at least two housing shells (Fig. 11) comprising a reflector cone (15) portion molded into the at least two housing shells (Fig. 11), the reflector cone (15) being made of a portion of the at least two housing shells (11) polished to provide a reflective surface (Fig. 10-11; [0145]); a liquid crystal display (LCD 30) for displaying an image, animation, and/or video; a light source (11b), configured to emit light though the LCD (30), thereby projecting the image, animation, and/or video on the LCD (30); one or more Fresnel lenses (16, 60), disposed between the light source (11b) and the exterior of the projector; one or more lenses (50), disposed between the LCD (30) and the exterior of the projector.
Wang does not explicitly teach a printed circuit board, comprising a memory store, processor, and video driver or the light source (11b) being LED.
Selfe teaches a printed circuit board comprising a memory store (366), processor (352/CPU), and video driver (360/GPU) and the light source being LED being used (Fig. 3; col. 10, lines 60-67).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Wang and Selfe; because it allows greater utility of the projector.
Regarding claim 3, Wang further teaches a heat sink (841), thermodynamically connected to light source, i.e., LED (Fig. 10-11; [0195]).
Regarding claim 4, Wang further teaches the heat sink (841) comprises one or more fins, and wherein the fins extend in a substantially vertical direction ([0195]).
Regarding claim 5, Wang further teaches the heat sink (841) comprises one or more fins, and wherein the fins extend beyond the at least two housing shells (Fig. 10-11; [0195]).
Regarding claim 7, Wang further teaches the at least two housing shells (Fig. 11) comprise one or more mounts molded into the at least two housing shells (Fig. 11) to provide support for the LCD (30) and light source (Fig. 10-11).
Regarding claim 8, Wang further teaches one or more mounts molded into the at least two housing shells (Fig. 11) to provide support for the Fresnel lenses (16, 60) and other lenses (Fig. 10-11).
Claims 2 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Selfe and in further view of Kawamura (US 20180203338 A1).
Regarding claim 2, neither Wang nor Selfe explicitly teach a diffuser, disposed at least in part around the LED.
Kawamura teaches a diffuser (93), disposed at least in part around the LED (Fig. 6; [0115]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Wang and Selfe with Kawamura; because it improves light output uniformity.
Regarding claim 9, Wang teaches a projector for use in a household item, decoration, or toy, the projector comprising: at least two housing shells (Fig. 11), which mate together to form a projector housing (80), the at least two housing shells (Fig. 11) comprising a reflector cone (15) portion molded into the at least two housing shells (Fig. 11), the reflector cone (15) portion polished to provide a reflective surface ([0145]), the at least two housing shells (Fig. 11) molded to provide one or more mounts for various components (Fig. 10-11); a liquid crystal display (LCD 30) for displaying an image, animation, and/or video; a light source (11b), configured to emit light though the LCD (30), thereby projecting the image, animation, and/or video on the LCD (30); one or more Fresnel lenses (16, 60), disposed between the light source (11b) and the exterior of the projector; one or more lenses (50), disposed between the LCD (30) and the exterior of the projector; and a heat sink (841), thermodynamically connected to the light source (11b) and configured to dissipate heat generated by the light source (11b).
Wang does not explicitly teach a printed circuit board, comprising a memory store, processor, and video driver or the light source (11b) being LED.
Selfe teaches a printed circuit board comprising a memory store (366), processor (352/CPU), and video driver (360/GPU) and the light source being LED being used (Fig. 3; col. 10, lines 60-67).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Wang and Selfe; because it allows greater utility of the projector.
Neither Wang nor Selfe explicitly teach a diffuser, disposed at least in part around the LED.
Kawamura teaches a diffuser (93), disposed at least in part around the LED (Fig. 6; [0115]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Wang and Selfe with Kawamura; because it improves light output uniformity.
Regarding claim 10, Wang further teaches the heat sink (841) comprises one or more fins extending in a substantially vertical direction ([0195]).
Regarding claim 11, Wang further teaches the fins extend beyond the at least two housing shells (Fig. 10-11; [0195]).
Regarding claim 12, Wang further teaches the mounts for various components support at least one of the LCD (30), light source, one or more Fresnel lenses (16, 60), and/or one or more other lenses (Fig. 10-11).
Response to Arguments
Applicant's arguments with respect to claim 1 have been considered but are moot in view of the new ground(s) of rejection.
Regarding claim 1, applicant/s argue,
However, at no point does Wang teach - either in the text of the specification or in the figures, a housing comprising mated shells. In addition, Wang does not teach a reflector cone portion molded into the shells. Wang has no mention of a polished surface or of a reflector cone being made from the housing material. And while Wang teaches the use of a Fresnel lens disposed between the LED and the exterior of the projector. Wang shoes a Fresnel lens between the light source and the LED.
With regard to the dependent claims, claim 4 teaches heat sink fins disposed in a substantially vertical configuration - which is not taught, shown, or suggested by Wang (or Selfe).
First, Barnett teaches a pumpkin shaped decorative item with a cavity. Inside the cavity is a projector, which projects onto an inside surface of the item, specifically where the material is configured so that the internal projection may be seen from the outside (see, e.g., Barnett, 41). There is no opening. The reference numeral identified by the Office as a purported opening in Barnett is a lid, which is an integral part of the decorative item.
Even if the Office construes the lid as an opening, the projector is viewable through any such opening. Moreover, Barnett does not teach a transparent element inside the cavity. At most, Barnett teaches that the outside surface may comprise a "semi-transparent" material, to permit the internal projection to be seen on the outside surface.
The dependent claims are patentable over the cited references of the same reasons as the independent claims upon which they rely. Applicants therefore respectfully request that the rejection of the pending claims under 35 USC 103 over Barnett in view of Official Notice be withdrawn. (Remarks; p. 1-2).
Examiner respectfully disagrees. Claim 1 recites “A projector for use in a household item, decoration, or toy, the projector comprising: at least two housing shells, which mate together to form a projector housing, the at least two housing shells comprising a reflector cone portion molded into the at least two housing shells, the reflector cone being made of a portion of the at least two housing shells polished to provide a reflective surface.”
Wang clearly teaches “at least two housing shells, which mate together to form a projector housing” in Fig. 11, which shows a top shell and a bottom shell mated together to form housing 80. Fig. 10 and 11 clearly show the reflector 15 is the wall surrounding the light source 11.
Claim 1 claims an apparatus using process claim language, “reflector cone portion molded into the at least two housing shells, the reflector cone being made of a portion of the at least two housing shells polished to provide a reflective surface.” "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). The structure implied by the process steps should be considered when assessing the patentability of product-by-process claims over the prior art, especially where the product can only be defined by the process steps by which the product is made, or where the manufacturing process steps would be expected to impart distinctive structural characteristics to the final product. See, e.g., In re Garnero, 412 F.2d 276, 279, 162 USPQ 221, 223 (CCPA 1979). Whether the reflector is molded and/or polished is not a limitation as long as the structure of Wang is the same as the structure claimed. Here Wang teaches the reflector acts as the walls and as parts of the housing and the reflector has a reflective surface.
Secondly, whether Barnett teaches a pumpkin shaped decorative item with a cavity is irrelevant to the teachings of Wang, Selfe and Kawamura. Barnett was not a reference used in the last Office Action.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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Primary Examiner, Art Unit 2882