Prosecution Insights
Last updated: August 15, 2026
Application No. 18/442,219

DETECTION DEVICE

Final Rejection §103§112
Filed
Feb 15, 2024
Priority
Sep 01, 2021 — JP 2021-142675 +1 more
Examiner
WESTFALL, SARAH ANN
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Magnolla White Corporation
OA Round
2 (Final)
0%
Grant Probability
At Risk
3-4
OA Rounds
10m
Est. Remaining
0%
With Interview

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 10 resolved
-70.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
37 currently pending
Career history
59
Total Applications
across all art units

Statute-Specific Performance

§101
17.1%
-22.9% vs TC avg
§103
36.5%
-3.5% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
25.9%
-14.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 10 resolved cases

Office Action

§103 §112
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 . 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. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Objections Claim 1 is objected to because of the following informalities: typographical errors. Regarding Claim 1, there is an improper recitation of claim elements. The applicant has amended Claim 1 to clarify previously presented indefinite issues, but it appears that the applicant also maintained the initial limitation verbiage as well as adding the new language. It is suggested by the examiner that the applicant remove lines 4-6 of claim 1. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 5-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding Claim 5, the limitation “a set of the photodiodes arranged at one end of the detection area” recited in lines 2-3 of the claim lacks proper antecedent basis. This limitation is being interpreted to mean “a set of photodiodes arranged at one end of the detection area”. Additionally, the limitation “a set of the photodiodes arranged on another end of the detection area” recited in lines 3-4 of the claims lacks proper antecedent basis. This limitation is being interpreted to mean “a set of photodiodes arranged on another end of the detection area”. Claims not explicitly rejected above are rejected due to their dependence on the above claims. 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. Claims 1, 4-6, 9-10, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumura et. al.'330 (U.S. Patent Publication 20080075330 – previously cited) in view of Matthews et. al.'316 (U.S. Patent 10311316 – previously cited). Regarding Claim 1, Matsumura et. al.’330 discloses a base member having a first principal surface (see Annotated Figure 11 below); PNG media_image1.png 286 396 media_image1.png Greyscale Annotated Figure 11 a detection area provided to the first principal surface (Paragraph [0056] - The light scattered at the surface of the finger is condensed by the individual lenses of the plane lens array 60 and shed on each element of the light receiving element array 50); a sensor including a plurality of photodiodes that are arranged in the detection area and arranged in a first direction and a second direction intersecting the first direction, the first direction and the second direction being parallel to the first principle surface (Paragraph [0054] - a light receiving element array 50; Paragraph [0108] - If the light is transmitted through the elements 40b of the transmission light quantity control element array 40 that are positioned on the left-hand side and shown in white in the figure, the infrared light sources 30a to be illuminated are within the range of the elements 40b that permit the light to pass through; Figure 3); a plurality of signal lines that extend in the second direction and are coupled to the photodiodes (Paragraph [0056] - The light scattered at the surface of the finger is condensed by the individual lenses of the plane lens array 60 and shed on each element of the light receiving element array 50. The light receiving element array 50 is a two-dimensional lattice array that uses individual photoelectric conversion elements to convert light to an electrical signal. The lenses of the lens array 60 correlate to the individual elements of the light receiving element array 50 on a one-to-one basis and are arranged in a two-dimensional lattice pattern); and a light emission device configured to emit light through gaps between the photodiodes in a direction in which the first principal surface faces (Paragraph [0132] - a hole 52 is provided between a plurality of light receiving elements 50, which constitute the light receiving element array 50H on a silicon or other semiconductor substrate 52. The light emitted from the infrared light source 30 passes through the hole 53 and falls on the finger F), wherein the light emission device includes a plurality of light sources (Paragraph [0108] - illuminates some infrared light sources 30a of the infrared light sources 30), a lit area is a portion of the detection area overlapping the light sources that are lit when viewed in a third direction intersecting the first direction and the second direction (Paragraph [0108] - light is transmitted through the elements 40b of the transmission light quantity control element array 40 that are positioned on the left-hand side and shown in white in the figure, the infrared light sources 30a to be illuminated are within the range of the elements 40b that permit the light to pass through. The elements 40b that permit the light to pass through and the infrared light sources 30a that are to be illuminated can be changed as needed depending on a demanded image.), a portion of the detection area not overlapping the lit area is an unlit area in which the light emission device is not lit up (Paragraph [0108] - it is not necessary to illuminate all the infrared light sources 30 that are positioned within the range of the elements 40b through which the light is transmitted), photodiodes that overlap the unlit area when viewed in the third direction are selected from among the photodiodes, and amounts of light received by the selected photodiodes are read (Paragraph [0068] - The image picked up by the light receiving element array 50 contains a contour CF1 of one side of the finger F, which corresponds to a region where the light is blocked by the transmission light quantity control element array 40, and a part of a blood vessel pattern BV; Paragraph [0108] - When some of such infrared light sources are extinguished so that a reflected component, which is produced when the radiated light bounces off the surface of the finger F, enters the personal identification device 10C, it is possible to reduce the quantity of unnecessary re-reflected light that reaches the finger), and the light emission device is divided into different areas, wherein each area is configured to be alternately lit, by interchanging the unlit area and the lit area (Figure 3; Paragraph [0055] - The transmission light quantity control element array 40 can block or transmit the light emitted from the infrared light source 30, and increase or decrease the quantity of transmitted light when the emitted light is transmitted…In the example shown in the figure, the light is not blocked by the left-hand, approximately 1/3 portion of the transmission light quantity control element array 40, which is shown in white, and the light is blocked by the right-hand, approximately 2/3 portion of the transmission light quantity control element array 40, which is shown in black; Paragraphs [0061] – entire paragraph - FIG. 3 is a plan view illustrating the layout of the transmission light quantity control element array 40 and light receiving element array 50; Paragraph [0062]; Paragraph [0063] - The microcomputer 20 operates the drive circuit 22 to control the transmission light quantity control element array 40 in such a manner that, for example, the light is transmitted through a certain portion ((1, 1) to (x0, yE), shown in white in the figure) of the transmission light quantity control element array 40 while the light is blocked by the remaining portion (shown in black in the figure); Paragraph [0108] - The elements 40b that permit the light to pass through and the infrared light sources 30a that are to be illuminated can be changed as needed depending on a demanded image). Matsumura et. al.’330 discloses a drive circuit to control light transmission (Paragraph [0063] - The microcomputer 20 operates the drive circuit 22 to control the transmission light quantity control element array 40 in such a manner that, for example, the light is transmitted through a certain portion ((1, 1) to (x0, yE), shown in white in the figure) of the transmission light quantity control element array 40 while the light is blocked by the remaining portion (shown in black in the figure)), but fails to disclose a plurality of gate lines that extend in the first direction and are coupled to the photodiodes. Matthews et. al.’316 teaches selectively controlling photodetectors (Column 11 Lines 44-49 - In some examples the photodetector 27 may be configured to selectively detect light scattered from the identified locations of biometric features. In some examples the photodetector 27 may be configured to detect specific wavelengths of light which may correspond to light which is scattered by the biometric features. In some examples only portions of the photodetector 27 overlaying the portions of skin of the user that are illuminated might be activated; Column 11 Lines 58-63 - The data obtained from the image may be used to generate a characteristic signal of the sub-cutaneous zone. The characteristic signal contains information unique to the user. The characteristic signal may comprise information which enables the user to be uniquely identified). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Matsumura et. al.’330 to include gate lines that control enabling portions of photodiodes to detect reflected light in order to generate characteristic signals containing unique biological information of the user as a way to uniquely identify users as seen in Matthews et. al.’316. Regarding Claim 4, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 1 above. Matsumura et. al.’330 further discloses the light sources are arranged in the first direction and the second direction (Paragraph [0055] - A plurality of light emitting diodes are arranged in a two-dimensional lattice pattern), from among the light sources, a set of light sources arranged in the first direction is selected as the lit area and lit up, and the lit area is sequentially shifted in the second direction and lit up, and from among the photodiodes, a set of photodiodes that are adjacent in the second direction to the lit area and arranged in the first direction is selected as a reading area, the amounts of light received by the set of the photodiodes of the reading area are read, and the reading area is sequentially shifted in the second direction with the shift of the lit area (Paragraph [0108] - If the light is transmitted through the elements 40b of the transmission light quantity control element array 40 that are positioned on the left-hand side and shown in white in the figure, the infrared light sources 30a to be illuminated are within the range of the elements 40b that permit the light to pass through. The elements 40b that permit the light to pass through and the infrared light sources 30a that are to be illuminated can be changed as needed depending on a demanded image. Further, it is not necessary to illuminate all the infrared light sources 30 that are positioned within the range of the elements 40b through which the light is transmitted). Regarding Claim 5, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 4 above. Matsumura et. al.’330 further discloses the lit area is shifted from a set of photodiodes arranged at one end of the detection area in the second direction toward a set of photodiodes arranged on another end of the detection area in the second direction (Paragraph [0069] - In other words, when the light transmission region is changed to the opposite side, for instance, to a region between (x1, 1) and (xE, yE) in a situation where the transmission light quantity control element array 40 is configured as indicated in FIG. 3; Paragraph [0108] - it is not necessary to illuminate all the infrared light sources 30 that are positioned within the range of the elements 40b through which the light is transmitted), and the reading area is sequentially shifted from a set of the photodiodes arranged adjacent to the set of the photodiodes arranged at the one end of the lit area in the second direction to the other end of the detection area in the second direction (Paragraph [0069] - In other words, when the light transmission region is changed to the opposite side, for instance, to a region between (x1, 1) and (xE, yE) in a situation where the transmission light quantity control element array 40 is configured as indicated in FIG. 3; Paragraph [0108] - The elements 40b that permit the light to pass through and the infrared light sources 30a that are to be illuminated can be changed as needed depending on a demanded image). Regarding Claim 6, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 5 above. Matsumura et. al.’330 further discloses the detection device does not read the amounts of light received by a set of photodiodes arranged at one end of the detection area in the second direction (Paragraph [0055] - In the example shown in the figure, the light is not blocked by the left-hand, approximately 1/3 portion of the transmission light quantity control element array 40, which is shown in white, and the light is blocked by the right-hand, approximately 2/3 portion of the transmission light quantity control element array 40, which is shown in black). Regarding Claim 9, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 1 above. Matsumura et. al.’330 further discloses the detection device is configured to: specify a portion of the detection area as a detection region (Paragraph [0068] - The image picked up by the light receiving element array 50 contains a contour CF1 of one side of the finger F, which corresponds to a region where the light is blocked by the transmission light quantity control element array 40, and a part of a blood vessel pattern BV. As regards the left-hand portion of FIG. 4A, the light L1 emitted from the infrared light source 30 is reflected from the surface of the finger F and detected by the light receiving element array 50 as the reflected light L2); and select the photodiodes that overlap the detection region when viewed in the third direction from among the photodiodes (Paragraph [0064] - The radiant light L4, which contains a blood vessel pattern and is radiated again, is transmitted through the window 70. The light scattered at the surface of the finger is condensed by the individual lenses of the plane lens array 60 and shed on each element of the light receiving element array 50), and read the amounts of light received by the selected photodiodes (Paragraph [0068] - the light L1 emitted from the infrared light source 30 is reflected from the surface of the finger F and detected by the light receiving element array 50 as the reflected light L2). Regarding Claim 10, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 9 above. Matsumura et. al.’330 further discloses the lit area has a frame shape surrounding the detection region when viewed in the third direction (Paragraph [0063] - The light is then shed on a limited area of the finger F. The region of light transmission is not always shaped like a strip as shown in the figure. In other words, the light transmission region may be trapezoidal, a single spot, or in any other shape). Regarding Claim 13, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 1 above. Matsumura et. al.’330 further discloses the base member has a second principal surface located opposite the first principal surface (see Annotated Figure 11 below), and PNG media_image1.png 286 396 media_image1.png Greyscale Annotated Figure 11 the light emission device is a backlight that faces the second principal surface and emits light toward the second principal surface (Paragraph [0108] - the infrared light sources 30a to be illuminated are within the range of the elements 40b that permit the light to pass through; Figure 11 shows element 30a transmitting light towards the second principal surface). Regarding Claim 14, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 13 above. Matsumura et. al.’330 further discloses comprising a plurality of light shields interposed between the first principal surface and the photodiodes (Paragraph [0108] - the elements 40b that permit the light to pass through and the infrared light sources 30a that are to be illuminated can be changed as needed depending on a demanded image). Regarding Claim 15, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 1 above. Matsumura et. al.’330 further discloses the light sources are arranged between the photodiodes (Figure 11 shows light sources 30 being positioned between light receiving elements 50). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Matsumura et. al.'330 (U.S. Patent Publication 20080075330 – previously cited) in view of Matthews et. al.'316 (U.S. Patent 10311316 – previously cited), as applied to Claim 1, and further in view of Shuler'549 (U.S. Patent Publication 20100292549 – previously cited). Regarding Claim 2, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 1 above. Matsumura et. al.’330 further discloses keeping a distance between a lit portion of a target/detection area and photodiodes around 2 mm and 3 mm (Paragraph [0059] - upper surface height of the switch 80 is slightly higher (e.g., 2 or 3 mm higher) than the height of the window 70, the central part of the finger F is positioned above the window 70 while the end of the finger F is in contact with the switch 80. If the finger F is pressed against the window 70, a vein positioned inside the finger F but close to the surface may be squashed so that the blood vessel pattern looks different; Paragraph [0076] - the distance between the finger F and light receiving element array 50 is short)), but fails to disclose wherein photodiodes from which the amounts of light received and read are separated by 2mm to 40mm from a light source or the lit area when viewed in the third direction. Shuler’549 teaches a 5 mm to 20 mm distance between light transmission (a light source) and detection (Paragraph [0203] – separation D1 and D2 between the optical transmitter 510 and optical receiver 515 can range between approximately five millimeters to two centimeters. This separation distance D can be optimized to obtain an accurate reading of only the skin in the particular area of interest. One of ordinary skill in the art recognizes that skin is not a constant depth or thickness throughout a human body. Therefore, the depth 620 of the scan of a sensor 405 for which it is designed (ie. the leg for compartment syndromes) may preferably be designed to vary to obtain an accurate optical density value for skin in that specific body location). As such, it would have been obvious to one of ordinary skill in the art, through routine experimentation, to determine an optimal spacing of photodiodes used to obtain accurate readings at varying tissue depths. Where the general conditions of a claim are disclosed in the prior art, it is not inventive to “discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Claims 7-8 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumura et. al.'330 (U.S. Patent Publication 20080075330 – previously cited) in view of Matthews et. al.'316 (U.S. Patent 10311316 – previously cited), as applied to Claim 1, and further in view of Sato'616 (U.S. Patent Publication 20170135616 – previously cited). Regarding Claim 7, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 1 above. Matsumura et. al.’330 further discloses emitting infrared light (Paragraph [0055] - a light emitting diode that emits infrared light), but fails to disclose second light sources that emit red light. Sato'616 teaches a light source that emits red light (Paragraph [0050] - In the measurement device, it is necessary to use light of at least one kind of wavelength as light (measurement light) to be emitted toward a living body. Here, as the measurement light, light with a wavelength belonging to a band from red light to near infrared light is often used since the light easily reaches the inside of a living body; Paragraph [0107] - When the light source 111 emits light with a wavelength of 568 nm, 580 nm, 660 nm, or 890 nm, it is possible to obtain information about melanin pigments or blood components such as oxygenated hemoglobin and reduction hemoglobin). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Matsumura et. al.’330 in view of Matthews et. al.’316 to include a light source that emits red light in order to reach vessels inside a user’s body to obtain information regarding blood components as additional biological information as seen in Kanayama et. al.'689. Regarding Claim 8, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 7 above, but fails to disclose the first light sources and the second light sources are alternately arranged in the first direction or the second direction. Sato’616 teaches alternating first and second light sources (Paragraph [0163] - the light source 111 emits light with a plurality of wavelengths including the two wavelengths or the second light source 115 for correction as illustrated in FIG. 7C is arranged, and the analysis unit 105 analyzes the obtained results, it is possible for the analysis unit 105 to directly correct an influence; Paragraph [0164] - for wavelengths of about 700 to 1000 nm called an in-vivo optical window, shorter light source wavelengths lead to greater depths; thus, comparing measured values with a measurement result for light with a long wavelength of short range allows estimation of the degree of an influence of the skin structure; see Annotated Figure 7c below). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Matsumura et. al.’330 in view of Matthews et. al.’316 to include alternating first and second light sources that emit different wavelengths of light in order to estimate a degree of influence of the skin structure based on a comparison between the amount of light received and correct said influence as seen in Sato’616. PNG media_image2.png 178 438 media_image2.png Greyscale Annotated Figure 7c Regarding Claim 11, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 10 above. Matsumura et. al.’330 further discloses the light sources include first light sources that emit first light and second light sources that emit second light (Paragraph [0062] - The number of infrared light sources need not be equal to the number of elements within the transmission light quantity control element array 40; Paragraph [0120] - uses two infrared light sources, which are a first infrared light source 31 and a second infrared light source 32), the first light is emitted from an entire area of the detection area, and all the photodiodes receive reflected light of the first light (Paragraph [0108] - the light is transmitted through the elements 40b of the transmission light quantity control element array 40 that are positioned on the left-hand side and shown in white in the figure, the infrared light sources 30a to be illuminated are within the range of the elements 40b that permit the light to pass through. The elements 40b that permit the light to pass through and the infrared light sources 30a that are to be illuminated can be changed as needed depending on a demanded image), a vascular pattern is detected by reading the amounts of light received by all the photodiodes (Paragraph [0056] - An image containing a blood vessel pattern that is imaged by the light receiving element array 50 is converted to an electrical signal due to a photoelectric conversion process; Paragraph [0070] - right- and left-hand images are combined in this manner, a blood vessel pattern BV of the entire finger F is obtained), a region of the detection area in which the vascular pattern is detected is specified as the detection region (Paragraph [0056] - The radiant light L4, which contains a blood vessel pattern and is radiated again, is transmitted through the window 70), the first light sources and the second light sources included in the frame-shaped lit area are lit up (Paragraph [0055] - The microcomputer 20 illuminates the infrared light source 30 by applying power to the infrared light source 30 via the drive circuit 22), and detecting reflected light once absorbed a portion was absorbed by hemoglobin (Paragraph [0064] - the remaining transmitted component is scattered within the finger F or absorbed by hemoglobin in blood within a blood vessel V. The scattered or absorbed infrared light L3 is radiated again from the inner surface (flexor surface) of the finger F as radiant light L4). Matsumura et. al.’330 fails to disclose a blood oxygen saturation level is detected by reading the amounts of light received by the photodiodes overlapping the detection region. Sato'616 teaches detecting blood oxygen saturation (Paragraph [0076] - A rate of oxygenated hemoglobin in the total hemoglobin contained in the blood is called blood oxygen saturation. Arterial oxygen saturation SaO2 is particularly helpful for biological information). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Matsumura et. al.’330 in view of Matthews et. al.’316 to include detect blood oxygen saturation in order to obtain additional biological information pertaining to a user as seen in Sato'616. Regarding Claim 12, Matsumura et. al.’330 in view of Matthews et. al.’316 discloses the device outlined in Claim 11 above. Matsumura et. al.’330 further discloses the first light is infrared light (Paragraph [0055] - a light emitting diode that emits infrared light), but fails to disclose the second light is red. Sato'616 teaches a second light as red (Paragraph [0050] - In the measurement device, it is necessary to use light of at least one kind of wavelength as light (measurement light) to be emitted toward a living body. Here, as the measurement light, light with a wavelength belonging to a band from red light to near infrared light is often used since the light easily reaches the inside of a living body; Paragraph [0107] - When the light source 111 emits light with a wavelength of 568 nm, 580 nm, 660 nm, or 890 nm, it is possible to obtain information about melanin pigments or blood components such as oxygenated hemoglobin and reduction hemoglobin). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Matsumura et. al.’330 in view of Matthews et. al.’316 to include a light source that emits red light in order to reach vessels inside a user’s body to obtain information regarding blood components as additional biological information as seen in Kanayama et. al.'689. Response to Arguments Applicant's arguments filed 24 April 2026 have been fully considered and they are not entirely persuasive. Applicant’s amendments have overcome the prior IDS concerns. Applicant’s amendments have overcome the prior claim objections, but additional claim objections have been addressed in Paragraph 4 above. Applicant’s amendments have overcome the prior 35 U.S.C. 112b rejections, but other 112b rejections are addressed in Paragraph 5 above. Claims 1-2 and 4-15 are rejected under 35 U.S.C. 103 as necessitated by amendments, as discussed in Paragraphs 6-8 above. The examiner has considered the applicant's arguments regarding prior art of record failing to disclose the limitation “the light emission device is divided into different areas, wherein each area is configured to be alternately lit, by interchanging the unlit area and the lit area”, but these arguments were found to not be persuasive. It should be noted, as per the interview held on 29 April 2026, the examiner believes that the applicant is intending for the limitation to claim “the light emission device is divided into different areas, wherein an alternating pattern of lit and unlit areas is created”. However, the current recitation “alternately lit, by interchanging the unlit and the lit area” is different from that and does not require the art to disclose an “alternating pattern of lit and unlit areas”. The current recitation simply requires areas to alternate between being lit and unlit. As addressed in Paragraph 6 above, Matsumura et. al.'330 discloses that each area of their light emitting array can alternate from being lit to unlit as addressed in Figure 3 as well as Paragraphs [0055], [0061-0063], and [0108] of Matsumura et. al.'330. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sakai'877 (U.S. Patent Publication 20190320877) and Tewes'881 (U.S. Patent Publication 20190379881) disclose devices comprising LED arrays configured to project light in “striped” patterns consisting of lit and unlit areas. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH ANN WESTFALL whose telephone number is (571) 272-3845. The examiner can normally be reached Monday-Friday 7:30am-4:30pm EST. 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, Jennifer Robertson can be reached at (571) 272-5001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SARAH ANN WESTFALL/ Examiner, Art Unit 3791 /ETSUB D BERHANU/ Primary Examiner, Art Unit 3791
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Prosecution Timeline

Feb 15, 2024
Application Filed
Feb 12, 2026
Non-Final Rejection mailed — §103, §112
Apr 21, 2026
Applicant Interview (Telephonic)
Apr 21, 2026
Examiner Interview Summary
Apr 24, 2026
Response Filed
Jul 15, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
0%
Grant Probability
0%
With Interview (+0.0%)
3y 4m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 10 resolved cases by this examiner. Grant probability derived from career allowance rate.

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