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 1/22/2024 is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 6, 9-13 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-11 and 15-18 of U.S. Patent No. 11,082,129. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 5-11 and 15-18 of U.S. Patent No. 11,082,129 contains the limitations of claims 1-3, 6 and 8-13 and 19-20 of the instant application, and claims 1-3, 6, 8-13 and 19-20 of the instant application therefore are not patently distinct from the claims 1, 5-11 and 15-18 of U.S. Patent No. 11,082,129 and as such are unpatentable for obvious-type double patenting.
Instant Application 18/418,515 (Claim 1)
US 11,082,129 (claim 1 + claim 6)
A device comprising:
one or more light sources;
one or more sensors; and
(Claim 1) A device comprising:
an illumination device comprising
one or more light sources;
a sensor, and
control circuitry configured to:
configure the one or more light sources to transmit, for each of a first plurality of time periods of a plurality of time periods, first encoded data, and
receive light patterns to perform a light wave communication process to exchange social media codes and data;
a microcontroller configured to control the sensor and the illumination device to
transmit and
receive light patterns to perform a light wave communication process to exchange social media codes with other devices and configured to communicate, via communication circuitry, share data to a social media application operating on a host device in response to a synchronize request from the host device, the share data.
for each of a second plurality of time periods of the plurality of time periods, wherein the first plurality of time periods are different than the second plurality of time periods.
(claim 5) wherein the light wave communication process comprises transmitting a first social media code during a first set of time periods using the illumination device, and sensing for one or more remote social media codes during a second set of time periods different than the first set of time periods, such that the device does not transmit and sense at the same time.
The independent claim 18 of US 11,082,129 contain the similar limitations of independent claim 20 of instant application.
The combination of claim 1 and claim 5 of US 11,082,129 contain similar limitations of independent claim 19 of instant application.
Claims 1 and 4-9 of US 11,082,129 also contain similar limitations of dependent claims 2-3, 6 and 9-13 of instant application.
Claims 1-3, 6, 8-13 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-11 and 15-18 of U.S. Patent No. 11,901,941. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 5-11 and 15-18 of U.S. Patent No. 11,901,941 contains the limitations of claims 1-3, 6 and 8-13 and 19-20 of the instant application, and claims 1-3, 6, 8-13 and 19-20 of the instant application therefore are not patently distinct from the claims 1, 5-11 and 15-18 of U.S. Patent No. 11,901,941 and as such are unpatentable for obvious-type double patenting.
Instant Application 18/418,515 (Claim 1)
US 11,901,941 (claim 1 + claim 6)
A device comprising:
one or more light sources;
one or more sensors; and
(Claim 1) A device comprising:
a light source;
a sensor, and
control circuitry configured to:
configure the one or more light sources to transmit, for each of a first plurality of time periods of a plurality of time periods, first encoded data, and
a microcontroller configured to control the sensor and the light source to
transmit and
receive light patterns to perform a light wave communication process to exchange social media codes and data;
receive light patterns to perform a light wave communication process to exchange social media codes and data;
a memory coupled to the microcontroller and configured to store the social media codes and data; and communication circuitry coupled to the microcontroller, the communication circuitry configured to communicate with a social media application the social media codes and data.
for each of a second plurality of time periods of the plurality of time periods, wherein the first plurality of time periods are different than the second plurality of time periods.
(Claim 6) wherein the light wave communication process comprises transmitting a first social media code during a first set of time periods using the light source, and sensing, using the sensor, for a remote social media code during a second set of time periods different than the first set of time periods, such that the frame does not transmit and sense at the same time.
The independent claim 18 of US 11,901,941 contain the similar limitations of independent claim 20 of instant application.
The combination of claim 1 and claim 6 of US 11,901,941 contain similar limitations of independent claim 19 of instant application.
Claims 1, 5-11 and 15-17 of US 11,901,941 also contain similar limitations of dependent claims 2-3, 6 and 8-13 of instant application.
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.
Claims 1-2, 4-5, 7-8 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mathews et al (US 2016/0352430).
1). With regard to claim 1, Mathews discloses a device (Figures 1-3 etc.) comprising:
one or more light sources (XMIT 212 in Figure 2, or light source in transceiver 321 in Figure 3, [0049]);
one or more sensors (RCV 214 in Figure 2, or light sensor in transceiver 321 in Figure 3); and
control circuitry (Transceive Processor 211 or 311, [0047]) configured to:
configure the one or more light sources to transmit, for each of a first plurality of time periods of a plurality of time periods ([0038] “the present inventors have determined that these reception periods should be roughly no greater than 40 milliseconds and should occur at an approximately 10 percent duty cycle. That is, during the period (“transmission period”) for which it is required to provide constant illumination or visibly recognizable state indication, one or more reception periods of roughly no greater than 40 milliseconds may be scheduled at a maximum of an approximately 10 percent duty cycle. For example, if the device 100 has a transmission period of 500 milliseconds, according to the present invention, five 10-millisecond reception periods may be opened every 100 milliseconds”, [0042] “For example, a 500 millisecond transmission interval time followed by a 500 millisecond period when the transmitter 212 is off may be used to indicate a status message to the human eye. Accordingly, the receiver 215 may be sampled by the transceive processor 211 during the 500 millisecond period when the transmitter 212 is off”; and Figure 4. [0051], “a 500 millisecond transmission interval time followed by a 500 millisecond period when the transmit element is off may be used to indicate a status message to the human eye. Accordingly, the receive element may be sampled by the transceive processor 321 during the 500 millisecond period when the transmit element is off”; [0057] and [0058], “The diagram 400 depicts a transmit signal 401, such as may be provided by the transceive processor 211, 311 of FIGS. 2-3 to direct the transmitter 212 or transmit element within the transceiver 321 to transmit light into the light pipe 201, 301” and “The present inventors note that the period that the transmit signal 401 is in an off state indicates the reception interval and the period between off states of the transmit signal 401 indicates the duty cycle”), first encoded data (Figure 5, steps 502-506, transmission period, [0030], “optically encoded data that is transmitted to a user or to another device (e.g., configuration information, commissioning information, control commands and responses, etc.)”; [0044] “the device 100 may be employed to transmit and receive optical data to/from a corresponding optical device (not shown) rather than to the human eye, where the bit rate of the transmitted data is substantially higher than the bit rate of the data transmitted by the corresponding optical device.”); and
sense for second encoded data (Figure 5, steps 507-510 in Figure 5; and [0044] and [0053], “to transmit and receive optical data to/from a corresponding optical device (not shown)”, and [0057] “an incoming optical signal 405, such as may be transmitted by another device into the light pipe 201, 301.”) received by the one or more sensors, for each of a second plurality of time periods of the plurality of time periods ([0038] “the present inventors have determined that these reception periods should be roughly no greater than 40 milliseconds and should occur at an approximately 10 percent duty cycle. That is, during the period (“transmission period”) for which it is required to provide constant illumination or visibly recognizable state indication, one or more reception periods of roughly no greater than 40 milliseconds may be scheduled at a maximum of an approximately 10 percent duty cycle. For example, if the device 100 has a transmission period of 500 milliseconds, according to the present invention, five 10-millisecond reception periods may be opened every 100 milliseconds”, [0042] “For example, a 500 millisecond transmission interval time followed by a 500 millisecond period when the transmitter 212 is off may be used to indicate a status message to the human eye. Accordingly, the receiver 215 may be sampled by the transceive processor 211 during the 500 millisecond period when the transmitter 212 is off”, and Figure 4. [0051], “a 500 millisecond transmission interval time followed by a 500 millisecond period when the transmit element is off may be used to indicate a status message to the human eye. Accordingly, the receive element may be sampled by the transceive processor 321 during the 500 millisecond period when the transmit element is off”; [0057] and [0058], “The diagram 400 also shows a receive signal 403, such as may be provided by the transceive processor 211, to direct the receiver 214 or receive element within the transceiver 321 to sample light received into the light pipe 201, 301 from another device” and “Accordingly, though the receive signal 403 is shown in an open period 404 approximately equal to the period when the transmit signal 401 is off, the present invention allows for a plurality of open periods 404 within the reception interval 402 to provide for sampling of the incoming signal 405”), wherein the first plurality of time periods are different than the second plurality of time periods (Figures 4 and 5; [0038], [0042], [0051], and [0057]-[0058]).
2). With regard to claim 2, Mathews discloses wherein the one or more light sources are lower power light sources ([0010], [0036]-[0037] etc., the signal transmitted is perceivable by human eye; therefore, it is inherent that the light sources are lower power light sources; also the devices can be smart phone etc., [0026], [0028], then the light sources are low power light sources).
3). With regard to claim 4, Mathews discloses wherein the control circuitry is further configured to: divide the plurality of time periods into the first plurality of time periods (Figures 4 and 5; [0038], [0042], [0051], and [0057]-[0058]; [0013]-[0014] and [0042]-[0043], “first intervals” or “transmission intervals”) and the second plurality of time periods (Figures 4 and 5; [0038], [0042], [0051], and [0057]-[0058]; [0013]-[0014] and [0043]-[0045], “second intervals” or “reception intervals”).
4). With regard to claim 5, Mathews discloses wherein each of the plurality of time periods have a same duration (e.g., 500 miliseconds, [0042] and [0051]).
5). With regard to claim 7, Mathews discloses wherein time periods of the plurality of time periods are 1 millisecond (ms), 5 ms, or 100 ms ([0038], e.g., the “five 10-millisecond reception periods may be opened every 100 milliseconds”, or the transmission time period is 100 ms; [0043] and [0052] “In one embodiment, the transceive processor 211 may schedule 1-millisecond reception periods every 10 milliseconds during transmission intervals”; that is, the reception time period is 1 ms).
6). With regard to claim 8, Mathews discloses wherein the one or more light sources are light emitting diodes or infrared light sources ([0039] and [0041] etc., LED).
7). With regard to claim 16, Mathews discloses wherein the device is a first device and wherein the second encoded data is received from a second device, and wherein the first device and the second device are physically near one another ([0026], [0028] and [0044], “Such a device 100 may be found in virtually every household and business configured as a personal item (e.g., an appliance, an entertainment device, a cell phone, or tablet computer) or as a device disposed in a transportation vehicle (e.g., automobile, train, airplane, ship, etc.) in which it is required to provide for full duplex optical communication with a user, another device, or a user and another device”).
8). With regard to claim 17, Mathews discloses wherein the control circuitry is further configured to: transmit the first encoded data by using amplitude modification of output power of the one or more light sources ([0038], [0042] and [0051], “As will be described below with reference to FIGS. 2-5, the present inventors have noted that the so-called persistence of vision effect in humans may be exploited to enable a shared light pipe 101 to be employed to transmit a constant illumination or visibly recognizable state indication, as perceived by the human eye, while simultaneously allowing for windows of receptive optical sampling during reception periods less than a human flicker fusion threshold. “the device 100 may be employed to transmit and receive optical data to/from a corresponding optical device (not shown) rather than to the human eye, where the bit rate of the transmitted data is substantially higher than the bit rate of the data transmitted by the corresponding optical device”; therefore, amplitude modification is used to transmit the data signals).
9). With regard to claim 18, Mathews discloses wherein the control circuitry is further configured to: transmit the first encoded data by turning the one or more light sources on and off (Figures 4 and 5).
10). With regard to claim 19, Mathews discloses a device (Figures 1-3 etc.) comprising:
one or more light sources (XMIT 212 in Figure 2, or light source in transceiver 321 in Figure 3, [0049]);
one or more sensors (RCV 214 in Figure 2, or light sensor in transceiver 321 in Figure 3); and
a microcontroller (Transceive Processor 211 or 311, [0047]) configured to:
configure the one or more light sources to transmit, for each of a first plurality of time periods of a plurality of time periods ([0038] “the present inventors have determined that these reception periods should be roughly no greater than 40 milliseconds and should occur at an approximately 10 percent duty cycle. That is, during the period (“transmission period”) for which it is required to provide constant illumination or visibly recognizable state indication, one or more reception periods of roughly no greater than 40 milliseconds may be scheduled at a maximum of an approximately 10 percent duty cycle. For example, if the device 100 has a transmission period of 500 milliseconds, according to the present invention, five 10-millisecond reception periods may be opened every 100 milliseconds”, [0042] “For example, a 500 millisecond transmission interval time followed by a 500 millisecond period when the transmitter 212 is off may be used to indicate a status message to the human eye. Accordingly, the receiver 215 may be sampled by the transceive processor 211 during the 500 millisecond period when the transmitter 212 is off”; and Figure 4. [0051], “a 500 millisecond transmission interval time followed by a 500 millisecond period when the transmit element is off may be used to indicate a status message to the human eye. Accordingly, the receive element may be sampled by the transceive processor 321 during the 500 millisecond period when the transmit element is off”; [0057] and [0058], “The diagram 400 depicts a transmit signal 401, such as may be provided by the transceive processor 211, 311 of FIGS. 2-3 to direct the transmitter 212 or transmit element within the transceiver 321 to transmit light into the light pipe 201, 301” and “The present inventors note that the period that the transmit signal 401 is in an off state indicates the reception interval and the period between off states of the transmit signal 401 indicates the duty cycle”), first encoded data (Figure 5, steps 502-506, transmission period, [0030], “optically encoded data that is transmitted to a user or to another device (e.g., configuration information, commissioning information, control commands and responses, etc.)”; [0044] “the device 100 may be employed to transmit and receive optical data to/from a corresponding optical device (not shown) rather than to the human eye, where the bit rate of the transmitted data is substantially higher than the bit rate of the data transmitted by the corresponding optical device.”); and
sense for second encoded data (Figure 5, steps 507-510 in Figure 5; and [0044] and [0053], “to transmit and receive optical data to/from a corresponding optical device (not shown)”, and [0057] “an incoming optical signal 405, such as may be transmitted by another device into the light pipe 201, 301.”) received by the one or more sensors, for each of a second plurality of time periods of the plurality of time periods ([0038] “the present inventors have determined that these reception periods should be roughly no greater than 40 milliseconds and should occur at an approximately 10 percent duty cycle. That is, during the period (“transmission period”) for which it is required to provide constant illumination or visibly recognizable state indication, one or more reception periods of roughly no greater than 40 milliseconds may be scheduled at a maximum of an approximately 10 percent duty cycle. For example, if the device 100 has a transmission period of 500 milliseconds, according to the present invention, five 10-millisecond reception periods may be opened every 100 milliseconds”, [0042] “For example, a 500 millisecond transmission interval time followed by a 500 millisecond period when the transmitter 212 is off may be used to indicate a status message to the human eye. Accordingly, the receiver 215 may be sampled by the transceive processor 211 during the 500 millisecond period when the transmitter 212 is off”, and Figure 4. [0051], “a 500 millisecond transmission interval time followed by a 500 millisecond period when the transmit element is off may be used to indicate a status message to the human eye. Accordingly, the receive element may be sampled by the transceive processor 321 during the 500 millisecond period when the transmit element is off”; [0057] and [0058], “The diagram 400 also shows a receive signal 403, such as may be provided by the transceive processor 211, to direct the receiver 214 or receive element within the transceiver 321 to sample light received into the light pipe 201, 301 from another device” and “Accordingly, though the receive signal 403 is shown in an open period 404 approximately equal to the period when the transmit signal 401 is off, the present invention allows for a plurality of open periods 404 within the reception interval 402 to provide for sampling of the incoming signal 405”), wherein the first plurality of time periods are different than the second plurality of time periods (Figures 4 and 5; [0038], [0042], [0051], and [0057]-[0058]).
11). With regard to claim 20, Mathews discloses a method for transmitting first encoded data (Figure 5, steps 502-506, transmission period, [0030], “optically encoded data that is transmitted to a user or to another device (e.g., configuration information, commissioning information, control commands and responses, etc.)”; [0044] “the device 100 may be employed to transmit and receive optical data to/from a corresponding optical device (not shown) rather than to the human eye, where the bit rate of the transmitted data is substantially higher than the bit rate of the data transmitted by the corresponding optical device.”), the method comprising:
configuring one or more light sources (XMIT 212 in Figure 2, or light source in transceiver 321 in Figure 3, [0049]) to transmit, for each of a first plurality of time periods of a plurality of time periods ([0038] “the present inventors have determined that these reception periods should be roughly no greater than 40 milliseconds and should occur at an approximately 10 percent duty cycle. That is, during the period (“transmission period”) for which it is required to provide constant illumination or visibly recognizable state indication, one or more reception periods of roughly no greater than 40 milliseconds may be scheduled at a maximum of an approximately 10 percent duty cycle. For example, if the device 100 has a transmission period of 500 milliseconds, according to the present invention, five 10-millisecond reception periods may be opened every 100 milliseconds”, [0042] “For example, a 500 millisecond transmission interval time followed by a 500 millisecond period when the transmitter 212 is off may be used to indicate a status message to the human eye. Accordingly, the receiver 215 may be sampled by the transceive processor 211 during the 500 millisecond period when the transmitter 212 is off”; and Figure 4. [0051], “a 500 millisecond transmission interval time followed by a 500 millisecond period when the transmit element is off may be used to indicate a status message to the human eye. Accordingly, the receive element may be sampled by the transceive processor 321 during the 500 millisecond period when the transmit element is off”; [0057] and [0058], “The diagram 400 depicts a transmit signal 401, such as may be provided by the transceive processor 211, 311 of FIGS. 2-3 to direct the transmitter 212 or transmit element within the transceiver 321 to transmit light into the light pipe 201, 301” and “The present inventors note that the period that the transmit signal 401 is in an off state indicates the reception interval and the period between off states of the transmit signal 401 indicates the duty cycle”), first encoded data (Figure 5, steps 502-506, transmission period, [0030], “optically encoded data that is transmitted to a user or to another device (e.g., configuration information, commissioning information, control commands and responses, etc.)”; [0044] “the device 100 may be employed to transmit and receive optical data to/from a corresponding optical device (not shown) rather than to the human eye, where the bit rate of the transmitted data is substantially higher than the bit rate of the data transmitted by the corresponding optical device.”); and
sensing for second encoded data (steps 507-510 in Figure 5; and [0044] and [0053], “to transmit and receive optical data to/from a corresponding optical device (not shown)”, and [0057] “an incoming optical signal 405, such as may be transmitted by another device into the light pipe 201, 301.”) received by one or more sensors (RCV 214 in Figure 2, or light sensor in transceiver 321 in Figure 3), for each of a second plurality of time periods of the plurality of time periods ([0038] “the present inventors have determined that these reception periods should be roughly no greater than 40 milliseconds and should occur at an approximately 10 percent duty cycle. That is, during the period (“transmission period”) for which it is required to provide constant illumination or visibly recognizable state indication, one or more reception periods of roughly no greater than 40 milliseconds may be scheduled at a maximum of an approximately 10 percent duty cycle. For example, if the device 100 has a transmission period of 500 milliseconds, according to the present invention, five 10-millisecond reception periods may be opened every 100 milliseconds”, [0042] “For example, a 500 millisecond transmission interval time followed by a 500 millisecond period when the transmitter 212 is off may be used to indicate a status message to the human eye. Accordingly, the receiver 215 may be sampled by the transceive processor 211 during the 500 millisecond period when the transmitter 212 is off”, and Figure 4. [0051], “a 500 millisecond transmission interval time followed by a 500 millisecond period when the transmit element is off may be used to indicate a status message to the human eye. Accordingly, the receive element may be sampled by the transceive processor 321 during the 500 millisecond period when the transmit element is off”; [0057] and [0058], “The diagram 400 also shows a receive signal 403, such as may be provided by the transceive processor 211, to direct the receiver 214 or receive element within the transceiver 321 to sample light received into the light pipe 201, 301 from another device” and “Accordingly, though the receive signal 403 is shown in an open period 404 approximately equal to the period when the transmit signal 401 is off, the present invention allows for a plurality of open periods 404 within the reception interval 402 to provide for sampling of the incoming signal 405”), wherein the first plurality of time periods are different than the second plurality of time periods (Figures 4 and 5; [0038], [0042], [0051], and [0057]-[0058]).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Mathews et al (US 2016/0352430) in view of Ericson et al (US 2013/0021924) and Aoyama et al (US 2017/0310743).
1). With regard to claim 3, Mathews et al discloses all of the subject matter as applied to claim 1 above. But, Mathews et al does not expressly disclose wherein the control circuitry is further configured to: receive a signal to perform light wave communications, and wherein the signal to perform the light wave communications is generated by a user of the device pressing a button of the device or a switch of the device.
However, Mathews et al discloses that the devices used for the visible light communications can be smart phones or mobile phones etc. And Mathews et al indicates that buttons are associated with the devices ([0033], “buttons, switches, dials, etc.”). Ericson et al discloses that a button can be used for control the signal transmission or reception (a push-to-talk button 124 shown in Figure 1, [0043] and [0047]). Another prior art, Aoyama et al, discloses a system/method for visible light communications, and discloses that a button can be used to initiate a signal transmission etc. (Figure 23, [0674]; Figure 31, [0690]-[0692]; Figure 28, [0363]; Figure 243, [01556] etc.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a button as taught by Ericson et al and Aoyama et al to the system/method of Mathews et al so that the user can use a button to send a signal to the communication device and to control the signal transmission and reception.
Claims 6 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Mathews et al (US 2016/0352430) in view of Aoyama et al (US 2017/0310743).
1). With regard to claim 6, Mathews et al discloses all of the subject matter as applied to claim 1 above. But, Mathews et al does not expressly disclose wherein the control circuitry is further configured to: divide, randomly, the plurality of time periods into the first plurality of time periods and the second plurality of time periods.
However, Aoyama et al discloses a system/method for visible light communications, and discloses that a plurality of time periods can be divided randomly into the first plurality of time periods and the second plurality of time periods ([2025], “by randomizing the order of packet transmission”; and Figure 365, and [2478], “In FIG. 365D, the blocks in each signal unit are reordered at random. The blocks of the first transmission frame to be output from the display device 1500 are arranged in the following order: Block 1; Block 3; Block 2; and Block 4. The blocks of the second transmission frame to be output from the display device 1500 are arranged in the following order: Block 3; Block 1; Block 2; and Block 4. The blocks of the third transmission frame to be output from the display device 1500 are arranged in the following order: Block 2; Block 3; Block 1; and Block 4. It is possible to reconstruct all of Block 1, Block 2, Block 3, and Block 4 of one signal unit as a visible light communication signal by reordering the blocks in the transmission frame for one signal unit at random and transmitting the transmission frame more than one time according to the carousel scheme”); and Aoyama et al also teaches that by transmitting signal at random intervals, signal interference can be avoided ([2928]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Aoyama et al to the system/method of Mathews et al so to divide the plurality of time periods into the first plurality of time periods and the second plurality of time periods to reduce interference and to improve the successful rate of signal transmission/reception.
2). With regard to claim 14, Mathews et al discloses all of the subject matter as applied to claim 1 above. But, Mathews et al does not expressly disclose wherein the second encoded data is received over two consecutive time periods of the second plurality of time periods.
However, Aoyama et al discloses a system/method for visible light communications, and discloses that encoded data can be received over two consecutive time periods of a plurality of time periods (Figures 365C and 365E, and [2476] and [2479]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Aoyama et al to the system/method of Mathews et al so to transmit an encoded data signal in two consecutive time slots based on the data size or desired signal quality.
3). With regard to claim 15, Mathews et al and Aoyama et al discloses all of the subject matter as applied to claims 1 and 14 above. And the combination of Mathews et al and Aoyama et al further discloses wherein the second encoded data is sensed for a period of time equal to a duration of a time period of the second plurality of time periods (Mathews indicates that the transmission interval time and the reception time interval can be the same, e.g., 500 ms, [0042] and [0051]; therefore, it is obvious to one skilled in the art that the second encoded data is sensed for a period of time equal to a duration of a time period of the second plurality of time periods so that the encoded data can be received in the desired time period and no signal loss occurs).
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Mathews et al (US 2016/0352430) in view of Clark (US 2019/0325498).
1). With regard to claim 9, Mathews et al discloses all of the subject matter as applied to claim 1 above. But, Mathews et al does not expressly wherein the control circuitry is further configured to: encode a social media code as the first encoded data.
However, Mathews et al discloses that the devices used for the visible light communications can be smart phones or mobile phones etc. ([0028], “a device 100 may be found in virtually every household and business configured as a personal item (e.g., an appliance, an entertainment device, a cell phone, or tablet computer) or as a device disposed in a transportation vehicle (e.g., automobile, train, airplane, ship, etc.) in which it is required to provide for full duplex optical communication with a user, another device, or a user and another device, where the electromagnetic frequency range for optical communication may include the visible, ultraviolet, and infrared spectrums”); then, it is obvious to one skilled in the art that the devices disclosed by Mathews et al can be used to transmit a social media code.
E.g., Clark discloses a system/method (Figures 1, 4 and 6 etc.), in which a visible light can be used to transmit signals ([0070], “The device may include an image capturing device containing a lens and other components that may receive electromagnetic radiation including but not limited to ultra-violet, visible light and infra-red radiation. The radiation is received through the lens onto electrical sensors. The electrical sensors may detect an image from the received radiation. The electrical sensors may convert the detected image into an electrical signal.”), and “The virtual try-on may also be shared with people not included on the friends list by device-to-device sharing, via NOWW shopping application 1180, via a sharing icon within NOWW shopping application 1180 or other code such as QR codes, or via social media, and the like. Alternatively, the user may invite friends to access the modelled objects in the user's virtual “world” stored in the user profile. The invitation may be limited to a certain room's modelled object or modelled product or open to any modelled object at any time. The user may make the invitation temporary or rescind the invitation at any time” ([0111]-[0112]), “The user may save the static photograph with the superimposed product image as a “room” in the user profile or share it with friends through social media and the like” ([0120]), and “in some embodiments the product request may comprise a link from a social media site, a QR code, a bar code, an embedded, proprietary, smart or RFID code, a voice command, mouse clicks, a touchscreen input, a keyboard input, an image or photograph, or a unique icon associated with a product in a database stored in NOWW shopping application 1180. For example, if the product request is a QR code, NOWW shopping application 1180 may receive the QR code from a camera or bar code reader included in sensors 1130. Continuing at 210, NOWW shopping application 1180 generates one or more product queries” ([0122], [0155]), and “Share purchasable link with friends in all manners described above (social media, text, etc.); b. Ask advice from friends about the product; c. Share to social media with NOWW icon or other code or icon or method (to public)” ([0575]-[0577]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Clark to the system/method of Mathews et al so that the device can be used to transmit a social media code, and the function of the device is enhanced, and the device can be used in a social media, and used for purchasing etc.
2). With regard to claim 10, Mathews et al and Clark disclose all of the subject matter as applied to claims 1 and 9 above. But, Mathews et al and Clark do not expressly state wherein the first encoded data comprises a complete social media code.
However, the combination of Mathews et al and Clark discloses that the devices (e.g., phones etc.) are used in signal transmissions, or purchase or chat etc. (Clark [0094]), then it is obvious to one skilled in the art that a complete social media code must be sent and received, otherwise the two devices could not establish communication successfully.
3). With regard to claim 11, Mathews et al discloses all of the subject matter as applied to claim 1 above. But, Mathews et al does not expressly wherein the second encoded data comprises a complete social media code.
However, Mathews et al discloses that the devices used for the visible light communications can be smart phones or mobile phones etc. ([0028], “a device 100 may be found in virtually every household and business configured as a personal item (e.g., an appliance, an entertainment device, a cell phone, or tablet computer) or as a device disposed in a transportation vehicle (e.g., automobile, train, airplane, ship, etc.) in which it is required to provide for full duplex optical communication with a user, another device, or a user and another device, where the electromagnetic frequency range for optical communication may include the visible, ultraviolet, and infrared spectrums”); then, it is obvious to one skilled in the art that the devices disclosed by Mathews et al can be used to transmit a social media code.
E.g., Clark discloses a system/method (Figures 1, 4 and 6 etc.), in which a visible light can be used to transmit signals ([0070], “The device may include an image capturing device containing a lens and other components that may receive electromagnetic radiation including but not limited to ultra-violet, visible light and infra-red radiation. The radiation is received through the lens onto electrical sensors. The electrical sensors may detect an image from the received radiation. The electrical sensors may convert the detected image into an electrical signal.”), and “The virtual try-on may also be shared with people not included on the friends list by device-to-device sharing, via NOWW shopping application 1180, via a sharing icon within NOWW shopping application 1180 or other code such as QR codes, or via social media, and the like. Alternatively, the user may invite friends to access the modelled objects in the user's virtual “world” stored in the user profile. The invitation may be limited to a certain room's modelled object or modelled product or open to any modelled object at any time. The user may make the invitation temporary or rescind the invitation at any time” ([0111]-[0112]), “The user may save the static photograph with the superimposed product image as a “room” in the user profile or share it with friends through social media and the like” ([0120]), and “in some embodiments the product request may comprise a link from a social media site, a QR code, a bar code, an embedded, proprietary, smart or RFID code, a voice command, mouse clicks, a touchscreen input, a keyboard input, an image or photograph, or a unique icon associated with a product in a database stored in NOWW shopping application 1180. For example, if the product request is a QR code, NOWW shopping application 1180 may receive the QR code from a camera or bar code reader included in sensors 1130. Continuing at 210, NOWW shopping application 1180 generates one or more product queries” ([0122], [0155]), and “Share purchasable link with friends in all manners described above (social media, text, etc.); b. Ask advice from friends about the product; c. Share to social media with NOWW icon or other code or icon or method (to public)” ([0575]-[0577]).
The combination of Mathews et al and Clark discloses that the devices (e.g., phones etc.) are used in signal transmissions, or purchase or chat etc. (Clark [0094]), then it is obvious to one skilled in the art that a complete social media code must be sent and received, otherwise the two devices could not establish communication successfully.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Clark to the system/method of Mathews et al so that the device can be used to transmit a social media code, and the function of the device is enhanced, and the device can be used in a social media, and used for purchasing etc.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Mathews et al and Clark as applied to claims 1 and 11 above, and further in view of Van Desluis et al (US 2020/0007231) and Haynes et al (US 9,866,369).
Mathews et al and Clark disclose all of the subject matter as applied to claims 1 and 11 above. But, Mathews et al and Clark do not expressly disclose wherein the control circuitry is further configured to: in response to the second encoded data comprising the complete social media code, generate an output signal (claim 12), wherein the output signal generates one or more of: a visible light signal having a color indicating successful reception of the complete social media code, the visible light signal having a flashing pattern, the flashing pattern indicating successful reception of the complete social media code, a sound from a speaker of the device, the sound indicating successful reception of the complete social media code, and a sound from a buzzer of the device (claim 13).
However, it is common and widely used practice to generate an output signal to indicate a status of a signal transmission or whether a signal is received successfully. E.g., Van Desluis et al discloses a visible light communication (Figures 1-7 etc.), and “the spotlight may show a color or dynamic light effect indicating the successful catch(es) of the identifier. It is also possible that the spotlight instantly stops moving upon a catch, thereby putting the catching user in the spotlight” ([0078]). And another prior art, Haynes et al, also discloses a visible light communication (Figures 1-2 etc.), and “Successful receipt of the signaling data and the clock synchronization data and changing the operation of follower beacon 402 can be indicated to the operator of follower beacon 402 by a “Victory” flashing pattern emitted by indicator LEDs (e.g., indicator LEDs 226 of FIG. 2) of follower beacon 402. Should the transmission not be successful, a “Wave-off” flashing pattern will be shown by the indicator LEDs” (column 10 lines 24-34). Also the primary reference Mathews et al discloses that the LEDs can be used to indicate status ([0003], [0042] and [0051]) and “to indicate a visibly recognizable state (e.g., “ON”, blinking to indicate operations are occurring, etc.) to a user” ([0036]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Van Desluis et al and Haynes et al with Mathews et al so that an output signal, e.g., a color or flashing pattern of LEDs, are used to indicate the status of signal transmission/reception, and the user can recognize whether the desired signals are received successfully.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/LI LIU/Primary Examiner, Art Unit 2634 January 31, 2026