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 .
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Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The IDS filed to date have been considered.
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.
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Claim 1 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18520041 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are largely identical to each other however broader than the aforementioned co-pending and allowed application, with small distinctions to form but not function:
18508974 claim 1
18520041 claim 1
An image display device comprising:
An image display device comprising:
a plurality of light sources;
a light source configured to irradiate
and an imaging element configured to reflect light from the plurality of light sources and to form a plurality of floating images in mid-air, the imaging element comprising:
an imaging element configured to form a floating image;
a base member, and a reflector array provided on the base member, the base member including a first surface and a second surface, the second surface being positioned at a side opposite to the first surface, or a base member comprising a reflector array, the base member including a first surface and a second surface, the second surface being positioned at a side opposite to the first surface,
a base member, and a reflector array located on the base member, the base member including a first surface, and a second surface positioned at a side opposite to the first surface, or a base member comprising a reflector array, the base member including a first surface, and a second surface positioned at a side opposite to the first surface,
wherein: the reflector array includes a plurality of reflector rows, each of the plurality of reflector rows comprising a plurality of dihedral corner reflectors arranged along a first direction, each of the plurality of dihedral corner reflectors includes:
the reflector array comprises a plurality of reflector rows, each of the plurality of reflector rows comprising a plurality of dihedral corner reflectors arranged along a first direction, each of the plurality of dihedral corner reflectors includes:
a first reflecting surface configured to reflect light from the first surface side,
a first reflecting surface configured to reflect light from a first surface side,
and a second reflecting surface oriented to be orthogonal to the first reflecting surface and configured to reflect a reflected light from the first reflecting surface toward the first surface side, in each reflector row of the plurality of reflector rows,
and a second reflecting surface oriented to be orthogonal to the first reflecting surface, and configured to reflect a reflected light from the first reflecting surface toward the first surface side, in each reflector row of the plurality of reflector rows,
an angle between a first straight line at which the first reflecting surface and the second reflecting surface meet and a plane in which the first direction and a second direction intersecting the first direction extend is set to a value greater than 0° and less than 90°,
an angle between a straight line at which the first reflecting surface and the second reflecting surface meet, and a plane in which the first direction and a second direction intersecting the first direction extend is set to a value greater than 0° and less than 90°, an angle between the first reflecting surface and the plane is set to a value greater than 45° and less than 90°,
the plurality of reflector rows include a first reflector row in which the angle between the first straight line and the plane is set to a smallest value among those of the plurality of reflector rows, reflector rows other than the first reflector row are configured such that the angle between the first straight line and the plane is set to values that increase away from the first reflector row along the second direction.
the plurality of reflector rows include a first reflector row in which the angle between the straight line and the plane is set to a smallest value among those of the plurality of reflector rows, reflector rows other than the first reflector row are configured such that the angle between the straight line and the plane is set to values that increase away from the first reflector row in the second direction.
Claim 2 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of copending Application No. 18520041 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are largely identical to each other however broader than the aforementioned co-pending and allowed application, with small distinctions to form but not function.
Claim 3 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of copending Application No. 18520041 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are largely identical to each other however broader than the aforementioned co-pending and allowed application, with small distinctions to form but not function.
Claim 5 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of copending Application No. 18520041 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are largely identical to each other however broader than the aforementioned co-pending and allowed application, with small distinctions to form but not function.
18508974 claim 5
18520041 claim 9
An image display device comprising:
An image display device comprising:
a light source; and a plurality of imaging elements configured to reflect light from the light source and to form a floating image in mid-air,
a light source configured to irradiate, toward the imaging element, light forming the floating image;
each of the imaging elements comprising: a base member, and a reflector array provided on the base member,
the imaging element comprises either: a base member, and a reflector array provided on the base member,
the base member including a first surface and a second surface, the second surface being positioned at a side opposite to the first surface, or a base member comprising a reflector array, the base member including a first surface and a second surface, the second surface being positioned at a side opposite to the first surface,
the base member including a first surface, and a second surface positioned at a side opposite to the first surface, or a base member comprising a reflector array, the base member including a first surface, and a second surface positioned at a side opposite to the first surface,
wherein: the reflector array includes a plurality of reflector rows, each of the plurality of reflector rows comprising a plurality of dihedral corner reflectors arranged along a first direction, each of the plurality of dihedral corner reflectors includes:
the reflector array comprises a plurality of reflector rows, each of the plurality of reflector rows comprising a plurality of dihedral corner reflectors arranged along a first direction, the plurality of reflector rows being arranged in a second direction to be parallel to each other with a spacing therebetween, the second direction intersecting the first direction, each of the plurality of dihedral corner reflectors includes:
a first reflecting surface configured to reflect light from the first surface side, and a second reflecting surface oriented to be orthogonal to the first reflecting surface, and configured to reflect a reflected light from the first reflecting surface toward the first surface side, in each reflector row of the plurality of reflector rows,
a first reflecting surface configured to reflect light from the first surface side, and a second reflecting surface oriented to be orthogonal to the first reflecting surface, and configured to reflect a reflected light reflected from the first reflecting surface toward the first surface side, in each reflector row of the plurality of reflector rows,
an angle between a first straight line at which the first reflecting surface and the second reflecting surface meet and a plane in which the first direction and a second direction intersecting the first direction extend is set to a value greater than 0° and less than 90°, an angle between the first reflecting surface and the plane is set to a value greater than 45° and less than 90°,
an angle between a straight line at which the first reflecting surface and the second reflecting surface meet and a plane in which the first direction and the second direction intersect is set to a value greater than 0° and less than 90°, an angle between the first reflecting surface and the plane is set to a value greater than 45° and less than 90°,
the plurality of reflector rows include a first reflector row in which the angle between the first straight line and the plane is set to a smallest value among those of the plurality of reflector rows, reflector rows other than the first reflector row are configured such that the angle between the first straight line and the plane is set to values that increase away from the first reflector row along the second direction.
the plurality of reflector rows include a first reflector row in which the angle between the straight line and the virtual plane is set to a smallest value among those of the plurality of reflector rows, reflector rows other than the first reflector row are configured such that the angle between the straight line and the plane is set to values that increase away from the first reflector row in one direction along the second direction.
Claim 6 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of copending Application No. 18520041 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are largely identical to each other however broader than the aforementioned co-pending and allowed application, with small distinctions to form but not function.
Claim 8 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of copending Application No. 18520041 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are largely identical to each other however broader than the aforementioned co-pending and allowed application, with small distinctions to form but not function.
18508974 claim 8
18520041 claim 9
An image display device comprising:
An image display device comprising:
a plurality of light sources; and an imaging element configured to reflect light from the plurality of light sources and to form a plurality of respective floating images in mid-air,
a light source configured to irradiate, toward the imaging element, light forming the floating image;
the imaging element comprising: a base member, and a reflector array provided on the base member,
the imaging element comprises either: a base member, and a reflector array provided on the base member,
the base member including a first surface and a second surface, the second surface being positioned at a side opposite to the first surface, or a base member comprising a reflector array, the base member including a first surface and a second surface, the second surface being positioned at a side opposite to the first surface,
the base member including a first surface, and a second surface positioned at a side opposite to the first surface, or a base member comprising a reflector array, the base member including a first surface, and a second surface positioned at a side opposite to the first surface,
wherein: the reflector array includes a plurality of reflector rows, each of the plurality of reflector rows including a plurality of dihedral corner reflectors arranged along a first direction, the plurality of reflector rows are arranged in a second direction to be parallel to each other with a spacing therebetween, the second direction intersecting the first direction, each of the plurality of dihedral corner reflectors includes:
the reflector array comprises a plurality of reflector rows, each of the plurality of reflector rows comprising a plurality of dihedral corner reflectors arranged along a first direction, the plurality of reflector rows being arranged in a second direction to be parallel to each other with a spacing therebetween, the second direction intersecting the first direction, each of the plurality of dihedral corner reflectors includes:
a first reflecting surface configured to reflect light from the first surface side, and a second reflecting surface oriented to be orthogonal to the first reflecting surface, and configured to reflect a reflected light reflected from the first reflecting surface toward the first surface side, in each reflector row of the plurality of reflector rows,
a first reflecting surface configured to reflect light from the first surface side, and a second reflecting surface oriented to be orthogonal to the first reflecting surface, and configured to reflect a reflected light reflected from the first reflecting surface toward the first surface side, in each reflector row of the plurality of reflector rows,
an angle between a first straight line at which the first reflecting surface and the second reflecting surface meet and a plane in which the first direction and the second direction intersect is set to a value greater than 0° and less than 90°, an angle between the first reflecting surface and the plane is set to a value greater than 45° and less than 90°,
an angle between a straight line at which the first reflecting surface and the second reflecting surface meet and a plane in which the first direction and the second direction intersect is set to a value greater than 0° and less than 90°, an angle between the first reflecting surface and the plane is set to a value greater than 45° and less than 90°,
the plurality of reflector rows include a first reflector row in which the angle between the first straight line and the plane is set to a smallest value among those of the plurality of reflector rows, reflector rows other than the first reflector row are configured such that the angle between the first straight line and the plane is set to values that increase away from the first reflector row in one direction along the second direction.
the plurality of reflector rows include a first reflector row in which the angle between the straight line and the virtual plane is set to a smallest value among those of the plurality of reflector rows, reflector rows other than the first reflector row are configured such that the angle between the straight line and the plane is set to values that increase away from the first reflector row in one direction along the second direction.
Claim 9 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of copending Application No. 18520041 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are largely identical to each other however broader than the aforementioned co-pending and allowed application, with small distinctions to form but not function.
18508974 claim 9
18520041 claim 9
An image display device comprising:
An image display device comprising:
a light source; and a plurality of imaging elements configured to reflect light from the light source and forming a floating image in mid-air,
a light source configured to irradiate, toward the imaging element, light forming the floating image;
each of the imaging elements comprising: a base member, and a reflector array provided on the base member,
the imaging element comprises either: a base member, and a reflector array provided on the base member,
the base member including a first surface and a second surface, the second surface being positioned at a side opposite to the first surface, or a base member comprising a reflector array, the base member including a first surface and a second surface, the second surface being positioned at a side opposite to the first surface,
the base member including a first surface, and a second surface positioned at a side opposite to the first surface, or a base member comprising a reflector array, the base member including a first surface, and a second surface positioned at a side opposite to the first surface,
wherein: the reflector array includes a plurality of reflector rows, each of the plurality of reflector rows including a plurality of dihedral corner reflectors arranged along a first direction, the plurality of reflector rows are arranged in a second direction to be parallel to each other with a spacing therebetween, the second direction intersecting the first direction, each of the plurality of dihedral corner reflectors includes:
the reflector array comprises a plurality of reflector rows, each of the plurality of reflector rows comprising a plurality of dihedral corner reflectors arranged along a first direction, the plurality of reflector rows being arranged in a second direction to be parallel to each other with a spacing therebetween, the second direction intersecting the first direction, each of the plurality of dihedral corner reflectors includes:
a first reflecting surface configured to reflect light from the first surface side, and a second reflecting surface oriented to be orthogonal to the first reflecting surface, and configured to reflect a reflected light reflected from the first reflecting surface toward the first surface side, in each reflector row of the plurality of reflector rows,
a first reflecting surface configured to reflect light from the first surface side, and a second reflecting surface oriented to be orthogonal to the first reflecting surface, and configured to reflect a reflected light reflected from the first reflecting surface toward the first surface side, in each reflector row of the plurality of reflector rows,
an angle between a first straight line at which the first reflecting surface and the second reflecting surface meet and a plane in which the first direction and a second direction intersect is set to a value greater than 0° and less than 90°, an angle between the first reflecting surface and the plane is set to a value greater than 45° and less than 90°,
an angle between a straight line at which the first reflecting surface and the second reflecting surface meet and a plane in which the first direction and the second direction intersect is set to a value greater than 0° and less than 90°, an angle between the first reflecting surface and the plane is set to a value greater than 45° and less than 90°,
the plurality of reflector rows include a first reflector row in which the angle between the first straight line and the plane is set to a smallest value among those of the plurality of reflector rows, reflector rows other than the first reflector row are configured such that the angle between the first straight line and the plane is set to values that increase away from the first reflector row in one direction along the second direction.
the plurality of reflector rows include a first reflector row in which the angle between the straight line and the virtual plane is set to a smallest value among those of the plurality of reflector rows, reflector rows other than the first reflector row are configured such that the angle between the straight line and the plane is set to values that increase away from the first reflector row in one direction along the second direction.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 4 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, if moved into the independent claim or if the double patenting rejection were overcome.
The following is a statement of reasons for the indication of allowable subject matter: As the independent claims were allowable in their base forms before the double patenting rejection via the original claims of the relied upon PGPUB 18/520041 the inclusion of the limitations of both claims 7 and 4 would serve to narrow the perspective of the claim set further and therefore put the application in a strong position for allowance.
Conclusion
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/GRANT A GAGNON/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872