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 11/04/2024 and 11/21/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Objection/s to the Specification
The title of the invention, “PROJECTOR,” is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “heat diffuser” and “cooler” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “the first actuator is formed of a pair of the first magnet and the first coil that sandwich the first swing axis” and “the pair of the first magnet and the first coil are disposed at the same side of the first swing axis” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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.
Claim 6 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 6 recites “the first actuator is formed of a pair of the first magnet and the first coil that sandwich the first swing axis,” and “the pair of the first magnet and the first coil are disposed at the same side of the first swing axis.” A person of ordinary skills in the art at the time of the invention understands that having “the first actuator is formed of a pair of the first magnet and the first coil that sandwich the first swing axis” must mean the first magnet and the first coil are on opposite sides of the first swing axis; hence they cannot be “at the same side of the first swing axis.” The above limitations are contradictory to one another. A person of ordinary skills in the art at the time of the invention will not be able to find an arrangement/s that will satisfy both limitations simultaneously. The Fig. 8 shows that second magnets 562/566 and the second coil 563/567 that sandwich the second swing axis RX2 and on the same side of first swing axis RX1. The Claim 6 is not enabled.
Claim 6 is also 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. Claim 6 fails to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor. Claim 6 recites “the first actuator is formed of a pair of the first magnet and the first coil that sandwich the first swing axis,” and “the pair of the first magnet and the first coil are disposed at the same side of the first swing axis.” A person of ordinary skills in the art at the time of the invention understands that having “the first actuator is formed of a pair of the first magnet and the first coil that sandwich the first swing axis” must mean the first magnet and the first coil are on opposite sides of the first swing axis; hence they cannot be “at the same side of the first swing axis.” The above limitations are contradictory to a person of ordinary skills in the art at the time of the invention.
For the purpose of examination claim 6 is interpreted as having “the first actuator is formed of a pair of the first magnet and the first coil that sandwich the first swing axis,” or “the pair of the first magnet and the first coil are disposed at the same side of the first swing axis.”
Claim Rejections - AIA 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3 rejected under 35 U.S.C. 103 as being unpatentable over Kadotani (JP 2021124544 A) in view of Patent ‘024 (JP H04317024 A).
Regarding claim 1, Kadotani teaches a projector (Fig. 1, 4, and 6-8) comprising: a first panel module (5B/R) that has a first axis (X) as an optical axis and outputs first image light (B/R image light) that is modulated first light; a second panel module (5G) that has a second axis (Z) perpendicular to the first axis (X) as an optical axis and outputs second image light (G image light) that is modulated second light; a third panel module (5R/B, respectively) that has the first axis (X) as an optical axis and outputs third image light (R/B image light) that is modulated third light; a light combiner (110) having a first light incident surface on which the first image light (B/R image light) is incident, a second light incident surface on which the second image light (G image light) is incident, a third light incident surface on which the third image light (R/B image light) is incident, and a light exiting surface which has the second axis (Z) as an optical axis and via which projection image light (LL) exits, the projection image light (LL) being a combination of the first image light (B/R image light), the second image light (G image light), and the third image light (R/B image light); a projection optics module (4) that projects the projection image light (LL) output from the light combiner (110; Fig. 1); and an optical path shifting module (3; Fig. 8) that shifts an optical path of the projection image light (LL) that is output from the light combiner (110) and enters the projection optics module (4), wherein the optical path shifting module (3) includes an optical path changing member (30) disposed in the optical path between the light combiner (110) and the projection optics module (4), a first actuator (36) that includes a first magnet (361) and a first coil (362) and swings the optical path changing member (30) around a first swing axis (J1) along the first axis (X), and a second actuator (37) that includes a second magnet (371) and a second coil (372) and swings the optical path changing member (30) around a second swing axis (J2) along a third axis (Y) perpendicular to each of the first axis (X) and the second axis (Z; Fig. 1. 4. And 8), the first panel module (5B/R) includes a liquid crystal panel (6B/R) for first light that outputs the first image light (B/R image light) and a heating element (7; Fig. 7).
Kadotani does not teach a heat diffuser for first light that extends from the liquid crystal panel (6B/R) for first light along the third axis (Y), transfers heat to and from the liquid crystal panel (6B/R) for first light, and diffuses the received heat in the heat diffuser for first light, a thermoelectric conversion device for first light that transfers heat to and from the heat diffuser for first light, and a cooler for first light that cooperates with the heat diffuser for first light to sandwich the thermoelectric conversion device for first light and transfers heat to and from the thermoelectric conversion device for first light, and the first actuator and the second actuator are each disposed at a position separate from a side end facing the optical path shifting module out of side ends of the thermoelectric conversion device for first light.
Patent ‘024 teaches a heat diffuser (6) for first light that extends from the liquid crystal panel (4) for first light along the third axis (vertical), transfers heat to and from the liquid crystal panel (4) for first light, and diffuses the received heat in the heat diffuser (6) for first light, a thermoelectric conversion device (8) for first light that transfers heat to and from the heat diffuser (6) for first light, and a cooler (7) for first light that cooperates with the heat diffuser (6) for first light to sandwich the thermoelectric conversion device (8) for first light and transfers heat to and from the thermoelectric conversion device (8) for first light (Fig. 1-4).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Kadotani and Patent ‘024 such that the combination results the first actuator (36 of Kadotani) and the second actuator (37 of Kadotani) are each disposed at a position separate from a side end facing the optical path shifting module (3 of Kadotani) out of side ends of the thermoelectric conversion device (8 of Patent ‘024) for first light (Fig. 4 of Kadotani); because it allows the LCD to be heated and cooled as needed.
Regarding claim 2, the combination of Kadotani and Patent ‘024 consequently results in the third panel module (5R/B) includes a liquid crystal panel (6B/R of Kadotani) for third light that outputs the third image light (R/B image light of Kadotani), a heat diffuser (6 of Patent ‘024) for third light that extends from the liquid crystal panel (6B/R of Kadotani) for third light along the third axis (Y), transfers heat to and from the liquid crystal panel (6B/R of Kadotani) for third light, and diffuses the received heat in the heat diffuser (6 of Patent ‘024) for third light, a thermoelectric conversion device (8 of Patent ‘024) for third light that transfers heat to and from the heat diffuser (6 of Patent ‘024) for third light, and a cooler (7 of Patent ‘024) for third light that cooperates with the heat diffuser (6 of Patent ‘024) for third light to sandwich the thermoelectric conversion device (8 of Patent ‘024) for third light and transfers heat to and from the thermoelectric conversion device (8 of Patent ‘024) for third light, and the first actuator (36 of Kadotani) and the second actuator (37 of Kadotani) are each disposed at a position separate from a side end facing the optical path shifting module (3 of Kadotani) out of the side ends of the thermoelectric conversion device (8 of Patent ‘024) for third light.
Regarding claim 3, Kadotanni further teaches the first actuator (36) is disposed on the second swing axis (J2; Fig. 8).
Claims 4 and 7 rejected under 35 U.S.C. 103 as being unpatentable over Kadotani in view of Patent ‘024 and in further view of Wakabayashi ‘246 (US 20200174246 A1)
Regarding claim 4, neither Kadotani nor Patent ‘024 teaches the first actuator (36 of Kadotani) and the second actuator (37 of Kadotani) each disposed on an opposite side of the first swing axis (J1) from a side toward which the heat diffuser (6 of Patent ‘024) for first light extends.
Wakabayashi ‘246 teaches the first actuator (6) and the second actuator (7) each disposed on -Y side of the first swing axis (J1), i.e., an opposite side of the first swing axis (J1), from a side toward which the heat diffuser (6 of Patent ‘024) for first light extends.
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Kadotani and Patent ‘024 with Wakabayashi ‘246; because it is a matter of design choice. Furthermore, it amounts to rearrangement of parts that does not affect the functionality of the device in any way. Rearrangement of parts without changing the operation of the reference device is prima facie obvious. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claim 7, the combination of Kadotani and Patent ‘024 consequently results in the optical path shifting module (3 of Kadotani) includes a first movable section (34 of Kadotani) that holds the optical path changing member (30), a second movable section (35 of Kadotani) that holds the first movable section (34 of Kadotani) so as to be swingable around the first swing axis (J1), and a base (32 of Kadotani) that holds the second movable section (35 of Kadotani) so as to be swingable around the second swing axis (J2), the first actuator (36 of Kadotani) is disposed on the second swing axis (J2) and between the first movable section (34 of Kadotani) and the second movable section (35 of Kadotani) when viewed from a light exiting side of the optical path shifting module (3 of Kadotani), and swings the first movable section (34 of Kadotani) around the first swing axis (J1), and the second actuator (37 of Kadotani) is disposed between the second movable section (35 of Kadotani) and the base (32 of Kadotani) on a same side of the first swing axis (J1) from a side toward which the heat diffuser (6 of Patent ‘024) for first light extends when viewed from a light exiting side of the optical path shifting module (3 of Kadotani), and swings the second movable section (35 of Kadotani) around the second swing axis (J2; Fig. 4 and 8).
Neither Kadotani nor Patent ‘240 teaches the second actuator (37 of Kadotani) being disposed on an opposite side of the first swing axis (J1) from a side toward which the heat diffuser (6 of Patent ‘024) for first light extends.
Wakabayashi ‘246 teaches the second actuator (7) being disposed on -Y side of the first swing axis (J1), i.e., an opposite side of the first swing axis (J1), from a side toward which the heat diffuser (6 of Patent ‘024) for first light extends.
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Kadotani and Patent ‘024 with Wakabayashi ‘246; because it is a matter of design choice. Furthermore, it amounts to rearrangement of parts that does not affect the functionality of the device in any way. Rearrangement of parts without changing the operation of the reference device is prima facie obvious. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kadotani in view of Patent ‘024 and in further view of Wakabayashi ‘671 (US 20210247671 A1) and Wakabayashi ‘246 (US 20200174246 A1)
Regarding claims 5 and 6, the combination of Kadotani and Patent ‘024 consequently results in the first actuator (36 of Kadotani) is formed of a pair of the first magnet (361 of Kadotani) and the first coil (362 of Kadotani) and are located on the second swing axis (J2), the second actuator (37 of Kadotani) is formed of a pair of the second magnet (371 of Kadotani) and the second coil (372 of Kadotani) that sandwich the second swing axis (J2) and are located at positions separate from the first swing axis (J1).
Neither Kadotani nor Patent ‘024 teaches the first actuator (36 of Kadotani) is formed of a pair of the first magnet (361 of Kadotani) and the first coil (362 of Kadotani) that sandwich the first swing axis (J1) and at least one of the pair of the first magnet (361 of Kadotani) and the first coil (362 of Kadotani) and the pair of the second magnet (371 of Kadotani) and the second coil (372 of Kadotani) are disposed at an opposite side of the first swing axis (J1) from a side toward which the heat diffuser (6 of Patent ‘024) for first light extends.
Wakabayashi ‘671 teaches the first actuator (6) is formed of a pair of the first magnet (61) and the first coil (62) that sandwich the first swing axis (J1).
Wakabayashi ‘246 teaches at least one of the pair of the first magnet (61) and the first coil (62) and the pair of the second magnet (71) and the second coil (72) are disposed at an Y- side of the first swing axis (J1).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Kadotani and Patent ‘024 with Wakabayashi ‘671 and Wakabayashi ‘246; because it is a matter of design choice. Furthermore, it amounts to rearrangement of parts that does not affect the functionality of the device in any way. Rearrangement of parts without changing the operation of the reference device is prima facie obvious. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kadotani in view of Patent ‘024 and in further view of Wakabayashi ‘094 (US 20210294094 A1)
Regarding claim 8, the combination of Kadotani and Patent ‘024 consequently results in the optical path shifting module (3 of Kadotani) includes a first movable section (34 of Kadotani) that holds the optical path changing member (30), a second movable section (35 of Kadotani) that holds the first movable section (34 of Kadotani) so as to be swingable around the first swing axis (J1), and a base (32 of Kadotani) that holds the second movable section (35 of Kadotani) so as to be swingable around the second swing axis (J2), the first actuator (36 of Kadotani) is disposed on the second swing axis (J2) and between the first movable section (34 of Kadotani) and the second movable section (35 of Kadotani) when viewed from a light exiting side of the optical path shifting module (3 of Kadotani), and swings the first movable section (34 of Kadotani) around the first swing axis (J1; Fig. 4 and 8),
Kadotani does not teach the second actuator (37 of Kadotani) is disposed on the first swing axis (J1) and between the second movable section (35) and the base (32), and swings the second movable section (35) around the second swing axis (J2).
Wakabayashi ‘094 teaches the second actuator (36) is disposed on the first swing axis (J1) and between the second movable section (35 of Kadotani) and the base (32 of Kadotani), and swings the second movable section (35 of Kadotani) around the second swing axis (J2; [0028]).
It would have been obvious to a person of ordinary skills in the art at the time of the invention to combine Kadotani and Patent ‘024 with Wakabayashi ‘094; because it is a matter of design choice. Furthermore, it amounts to rearrangement of parts that does not affect the functionality of the device in any way. Rearrangement of parts without changing the operation of the reference device is prima facie obvious. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Allowable Subject Matter
Claims 9-13 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.
Regarding claim 9, the closest prior art references, Kadotani, Patent ‘024, Wakabayashi ‘671, Wakabayashi ‘246, and Wakabayashi ‘094, do not teach, by themselves or in combination with one another, “a panel temperature sensor that detects a temperature of the liquid crystal panels for first light, and a shift control section that controls the optical path shifting module, wherein when the temperature of the liquid crystal panel for first light detected by the panel temperature sensor is lower than a threshold, the shift control section switches shift control from first shift control in which a position of each pixel contained in the projection image light output from the light combiner is sequentially shifted from a first position to a plurality of shift positions to second shift control in which the position of the pixel is sequentially shifted to the first position and one of the plurality of shift positions.” Furthermore, there is no teaching, suggestion or motivation in the prior art references to modify the references in such manner that results in the above claimed limitation/s; hence the invention as claimed by claim 9 is not obvious to a person of ordinary skill in the art at the time of the invention.
Claims 10-12 depend, directly or indirectly, on claim 9; hence they are also allowable.
Regarding claim 13, the closest prior art references, Kadotani, Patent ‘024, Wakabayashi ‘671, Wakabayashi ‘246, and Wakabayashi ‘094, do not teach, by themselves or in combination with one another, “an actuator temperature sensor that detects a temperature of the first actuator and a temperature of the second actuator; and a thermoelectric conversion device control section that controls the thermoelectric conversion device for first light, wherein when the temperature of at least one of the first actuator and the second actuator detected by the actuator temperature sensor is higher than a predetermined value, the thermoelectric conversion device control section reduces an output of the thermoelectric conversion device for first light.” Furthermore, there is no teaching, suggestion or motivation in the prior art references to modify the references in such manner that results in the above claimed limitation/s; hence the invention as claimed by claim 13 is not obvious to a person of ordinary skill in the art at the time of the invention.
Conclusion
The prior art references cited in PTO-892 are made of record and considered pertinent to applicant's disclosure.
Patent documents US 12267633 B2, US 12149871 B2, US 20230089186 A1, US 20220299848 A1, US 20220252828 A1, US 20220163829 A1, US 20220163756 A1, US 20220132084 A1, US 20210200071 A1, US 11295683 B2, US 20210096449 A1, US 11069315 B2, US 20200371402 A1, US 20200371405 A1, US 20200363707 A1, US 20200159093 A1, US 20200159094 A1, US 20200145627 A1, US 20190227261 A1, US 20190066553 A1, US 10303043 B2, US 10739667 B2, US 20160363841 A1, US 20160363840 A1, US 20180047321 A1, US 20160227176 A1, US 20160227177 A1, US 20160187645 A1, US 20160124217 A1, US 20160124216 A1, US 20160091773 A1, US 9599811 B2, US 20160004071 A1, US 20150264291 A1, US 9354494 B2, US 20140036239 A1, US 20110234650 A1, US 20050264501 A1, US 20050264547 A1, US 20060007057 A1, US 20050275810 A1, and US 20050128438 A1, disclose projection systems having image light beam shifting mechanism placed between the imaging module and the projection lens.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-LUAN Q LE whose telephone number is (571)270-5362. The examiner can normally be reached on Monday-Friday; 9:00AM-5:00PM.
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/BAO-LUAN Q LE/
Primary Examiner, Art Unit 2882