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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/22/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Objection/s to the Specification
The title of the invention, “PIXEL SHIFTING DEVICE AND PROJECTOR,” is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wakabayashi (US 20210247671 A1).
Regarding claim 1, Wakabayashi teaches a pixel shifting device comprising: an optical member (10); a first frame (20) which is configured to hold the optical member (10), and which oscillates around a first oscillation axis (J1); a second frame (30) which is disposed on a periphery of the first frame (20), which is coupled to the first frame (20), and which oscillates around a second oscillation axis (J2) perpendicular to the first oscillation axis (J1); a base (5) which is disposed on a periphery of the second frame (30), and which is coupled to the second frame (30); a first actuator (6) configured to oscillate the first frame (20) with respect to the second frame (30) between the first frame (20) and the second frame (30); a second actuator (7) which is disposed in an area at a side at which the first actuator (6) is disposed in the second frame (30), and which oscillates the second frame (30) with respect to the base (5); and a frame reinforcement member (36, 37, 38, 310) which is disposed in an area at a side at which the first actuator (6) and the second actuator (7) are disposed in the second frame (30), and which has a first surface having contact with a surface of the second frame (30; Fig. 7).
Regarding claim 2, Wakabayashi further teaches the second actuator (7) is constituted by a magnet (71) and a coil (72), one of the magnet (71) and the coil (72) is disposed at the second frame (30) side, and another of the magnet (71) and the coil (72) is disposed at the base (5) side (Fig. 7; [0057]).
Regarding claim 3, Wakabayashi further teaches the second actuator (7) is constituted by a pair of actuators (7A and 7B) disposed across the second oscillation axis (J2).
Regarding claim 4, Wakabayashi further teaches the frame reinforcement member (36, 37, 38, 310) has an uprise wall part (36 or 37) rising from a second surface at an opposite side to the first surface.
Regarding claim 5, Wakabayashi further teaches a part (71 and/or 73) of the second actuator (7) is disposed in the uprise wall part (36 or 37) of the frame reinforcement member (36, 37, 38, 310; [0058]).
Regarding claim 6, Wakabayashi further teaches the second frame (30) has an extending part (31) which extends toward an opposite side to the first oscillation axis (J1) with respect to the first actuator (6), and toward one side in an axial direction along the second oscillation axis (J2), and which is coupled to the base (5), and the frame reinforcement member (36, 37, 38, 310) is fixed to the extending part (31; Fig. 7).
Regarding claim 7, Wakabayashi further teaches the frame reinforcement member (36, 37, 38, 310) includes a coupling shaft part (38) which is located on the second oscillation axis (J2), and which is configured to couple the second frame (30) and the base (5) to each other ([0046]).
Regarding claim 9, Wakabayashi further teaches a projector (Fig. 1) comprising: an image generator (108B/G/R) configured to generate image light; a projection optical system (3) configured to project the image light; and the pixel shifting device (2) according to claim 1 which is disposed between the image generator (108B/G/R) and the projection optical system (3), and which is configured to shift a light path of the image light from the image generator.
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wakabayashi in view of Kadotani (US 20170104965 A1).
Regarding claim 8, Wakabayashi further teaches the first frame (20) being formed of stainless steel ([0039]) and the base (5) being formed of aluminum ([0029]).
Kadotani teaches first, second frames (54, 55) and the rim (52) being made of aluminum ([0126], [0189]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Wakabayashi with Kadotani such that the second frame (30) formed of aluminum; because aluminum allows heat dissipation to improve service life of the device ([0126], [0189] of Kadotani).
Conclusion
The prior art references cited in PTO-892 are made of record and considered pertinent to applicant's disclosure.
Patent documents, US 12267633 B2, US 12149871 B2, US 20230089186 A1, US 20220299848 A1, US 20220252828 A1, US 20220163756 A1, US 20220163829 A1, US 20220132084 A1, US 20220137492 A1, US 20210294094 A1, US 11506957 B2, US 20210200071 A1, US 11295683 B2, US 20210096449 A1, US 20210026230 A1, US 11069315 B2, US 20200386986 A1, US 20200371402 A1, US 20200371405 A1, US 20200363707 A1, US 20200278593 A1, US 20200174246 A1, US 20200159093 A1, US 20200159094 A1, US 20200145627 A1, US 20190196308 A1, US 20200174350 A1, US 20190227261 A1, US 20190346684 A1, US 20190066553 A1, US 10303043 B2, US 20200004123 A1, US 10739667 B2, US 20190278102 A1, US 20170299883 A1, US 20160363841 A1, US 20160363840 A1, US 20160370575 A1, US 20180047321 A1, US 20160227177 A1, US 20160227176 A1, US 20160187645 A1, US 20160124217 A1, US 20160124216 A1, US 20160091773 A1, US 9599811 B2, US 20160004071 A1, US 20150277104 A1, US 20150264291 A1, US 9354494 B2, US 20140293247 A1, US 20140036239 A1, US 9097907 B2, US 20110234650 A1, US 20100201952 A1, US 20080304016 A1, US 20080304017 A1, US 7524068 B2, US 20060290824 A1, US 20060140511 A1, US 20050264547 A1, US 20050275810 A1, US 20050264501 A1, US 20060007057 A1, and US 7290884 B2, disclose the structure of the pixel shifting optical system.
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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Any response to this action should be mailed to:
Commissioner for Patents
P.O. Box 1450
Alexandria, Virginia 22313-1450
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/BAO-LUAN Q LE/
Primary Examiner, Art Unit 2882