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 01/26/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are 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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. US 11,947,103 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-19 read on patented claims 1-19 (respectively).
Allowable Subject Matter
Claims 1-19 would be allowable upon timely filing of terminal disclaimer in compliance with 37 CFR 1.321(c) to overcome the nonstatutory double patenting rejection.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, since the prior art of record, individually or in combination, does not teach a color wheel module wherein the isolation framework is located between the disk and the assembly member, wherein an air layer is formed between the disk, the assembly member and the isolation framework, and the adhesive filler is disposed on the assembly member; and an orthographic projection of the isolation framework and an orthographic projection of the wavelength conversion layer on the disk do not overlap with each other, a timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) may be used to overcome the rejection based on a nonstatutory double patenting and put the case in condition for allowance.
Any comments considered necessary by the applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance”.
Regarding claim 19, since the prior art of record, individually or in combination, does not teach a projector wherein an air layer is formed between the disk, the assembly member and the isolation framework, and the adhesive filler is disposed on the assembly member, and an orthographic projection of the isolation framework and an orthographic projection of the wavelength conversion layer on the disk do not overlap with each other, a timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) may be used to overcome the rejection based on a nonstatutory double patenting and put the case in condition for allowance.
Any comments considered necessary by the applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Egawa (US Pub. No. US 2018/0031957 A1) discloses a wavelength conversion device including a substrate having a first surface and a second surface, a wavelength conversion element provided on the first surface, and a heat sink SCR provided on the second surface separately from the substrate.
Dai et al. (WO 2019/140781 A1) teaches a color wheel module, comprising a base plate, a light conversion layer, and a plurality of balance members. The light conversion layer covers a side surface of the base plate, and the plurality of balance members is disposed on the other side surface of the base plate away from the light conversion layer and is spaced apart from each other around the rotation center of the base plate, wherein the balance members can be removed, at least partially, from the base plate according to a dynamic balance requirement of the color wheel module, and the plurality of balance members is also used to increase the heat dissipation area of the color wheel module so as to improve the heat dissipation efficiency of the color wheel module. Also disclosed is a projection device, comprising the color wheel module. According to the approach above, when the dynamic balance of the color wheel module is not satisfactory, some balance members can be removed to make the dynamic balance of the color wheel module satisfactory, and the increasing heat dissipation area of the color wheel module can improve the heat dissipation efficiency of the color wheel module.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAGDA CRUZ whose telephone number is (571)272-2114. The examiner can normally be reached Monday-Friday from 9:00 AM to 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Toan Ton can be reached at 571-272-2303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAGDA CRUZ/
Primary Examiner
Art Unit 2882
11/24/2025