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 .
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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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4-7, 9, 10, 12, 15, 18 and 19 of U.S. Patent No. 11,923,903. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the present application are an obvious variation of the limitations presented in claims of U.S. Patent No. 11,923,903.
The following table illustrates a mapping of the limitations of claims of the present application when compared against the limitations of claims of U.S. Patent No. 11,923,903.
Claims of Present Application
Claims of U.S. Patent No. 11,923,903
1. A non-transitory machine-readable medium having executable instructions to cause one or more processing units to perform a method to receive a message transmitted using a light pattern, the method comprising:
activating a camera sensor on a first device; detecting the light pattern using the camera sensor emanating from a second device using the flash of the second device; transforming the light pattern to a message; and presenting the message on the first device.
1. A non-transitory machine-readable medium having executable instructions to cause one or more processing units to perform a method to receive a message transmitted using a light pattern, the method comprising:
activating a camera sensor on a first device; detecting the light pattern using the camera sensor emanating from a second device using the flash of the second device; transforming the light pattern to a message; and presenting the message on the first device.
2. The non-transitory machine-readable medium of claim 1, wherein the transforming comprises: transforming the light pattern into an encoded message; and decoding the encoded message into the message.
3. The machine-readable medium of claim 1, wherein the message is encoded using a flash signal encoding.
4. The non-transitory machine-readable medium of claim 1, wherein the light pattern is a pattern of intermittent on and off flashes from the flash.
5. The non-transitory machine-readable medium of claim 1, further comprising: detecting the light pattern using a machine learning algorithm.
6. The non-transitory machine-readable medium of claim 1, wherein the detecting the light pattern comprises: detecting a plurality of light patterns from a plurality of devices.
7. The non-transitory machine-readable medium of claim 6, wherein the detecting a plurality of light patterns comprises: detecting a plurality of messages from the plurality of light patterns.
8. The non-transitory machine-readable medium of claim 1, wherein the message is broadcast to one or more receiving devices.
9. The non-transitory machine-readable medium of claim 1, wherein the message is a one-to-one message to another device.
10. A method comprising:
activating a camera sensor on a first device; detecting the light pattern using the camera sensor emanating from a second device using the flash of the second device; transforming the light pattern to a message; and presenting the message on the first device.
11. The method of claim 10, wherein the transforming comprises: transforming the light pattern into an encoded message; and decoding the encoded message into the message.
12. The method of claim 10, wherein the message is encoded using a flash signal encoding.
13. The method of claim 10, wherein the light pattern is a pattern of intermittent on and off flashes from the flash.
14. The method of claim 10, further comprising: detecting the light pattern using a machine learning algorithm.
15. The method of claim 10, wherein the detecting the light pattern comprises: detecting a plurality of light patterns from a plurality of devices.
16. The method of claim 15, wherein the detecting a plurality of light patterns comprises: detecting a plurality of messages from the plurality of light patterns.
17. The method of claim 10, wherein the message is broadcast to one or more receiving devices.
18. The method of claim 10, wherein the message is a one-to-one message to another device.
19. A device comprising: a camera sensor; at least one processor; a memory coupled to the processor though a bus; and a process executed from the memory by the processor that causes the processor to activate the camera sensor on the device, detect the light pattern using the camera sensor emanating from another device using the flash of the another device, transforming the light pattern to a message, and presenting the message on the device.
20. The device of claim 19, wherein the process causes the processor to transform the light pattern to the message by transforming the light pattern into an encoded message and decoding the encoded message into the message.
1. A non-transitory machine-readable medium having executable instructions to cause one or more processing units to perform a method to transmit a message using a light pattern, the method comprising:
receiving an indication to transmit a message using the light pattern;
activating a flash on a first device; encoding the message into instructions for transmitting the light pattern; and transmitting the message to a second device using the flash according to the instructions for the light pattern, wherein the second device detects the light pattern using a camera to present the message.
9. A non-transitory machine-readable medium having executable instructions to cause one or more processing units to perform a method to receive a message transmitted using a plurality of light patterns, the method comprising: activating a camera sensor on a device; detecting the plurality of light patterns emanating from a plurality of devices; transforming the plurality of light patterns to a message; and presenting the message.
10. The non-transitory machine-readable medium of claim 9, wherein the transforming comprises: transforming the plurality of light patterns into an encoded message; and decoding the encoded message into the message.
5. The machine-readable medium of claim 1, wherein the message is encoded using a flash signal encoding.
4. The machine-readable medium of claim 2, wherein the pattern of on and off flashes is not visible to the human eye.
12. The non-transitory machine-readable medium of claim 9, further comprising: detecting the plurality of light patterns using a machine learning algorithm.
9. A non-transitory machine-readable medium …; detecting the plurality of light patterns emanating from a plurality of devices;…
9. A non-transitory machine-readable medium … detecting the plurality of light patterns emanating from a plurality of devices; transforming the plurality of light patterns to a message; and presenting the message.
6. The machine-readable medium of claim 1, wherein the message is broadcast to one or more receiving devices.
7. The machine-readable medium of claim 1, wherein the message is a one-to-one message to another device.
15. A method to transmit a message using a light pattern, the method comprising: receiving an indication to transmit a message using the light pattern; activating a flash on a first device; encoding the message into instructions for transmitting the light pattern; and transmitting the message to a second device using the flash according to the instructions for the light pattern, wherein the second device detects the light pattern using a camera to present the message.
19. The method of claim 18, wherein the transforming comprises: transforming the light pattern into an encoded message; and decoding the encoded message into the message.
5. The machine-readable medium of claim 1, wherein the message is encoded using a flash signal encoding.
4. The machine-readable medium of claim 2, wherein the pattern of on and off flashes is not visible to the human eye.
12. The non-transitory machine-readable medium of claim 9, further comprising: detecting the plurality of light patterns using a machine learning algorithm.
9. A non-transitory machine-readable medium … detecting the plurality of light patterns emanating from a plurality of devices; transforming the plurality of light patterns to a message; and presenting the message.
9. A non-transitory machine-readable medium having executable instructions to cause one or more processing units to perform … detecting the plurality of light patterns emanating from a plurality of devices; transforming the plurality of light patterns to a message; and presenting the message.
6. The machine-readable medium of claim 1, wherein the message is broadcast to one or more receiving devices.
7. The machine-readable medium of claim 1, wherein the message is a one-to-one message to another device.
18. A method to receive a message transmitted using a plurality of light patterns, the method comprising: activating a camera sensor on a device; detecting the plurality of light patterns emanating from another device;
transforming the light pattern to a message; and presenting the message.
19. The method of claim 18, wherein the transforming comprises: transforming the light pattern into an encoded message; and decoding the encoded message into the message.
In regard to claim 1, U.S. Patent No. 11,923,903 teaches transmitting a message using light pattern and differs from claim 1 of the invention in that U.S. Patent No. 11,923,903 does not teach receiving the transmitted message. However, since claim 1 of U.S. Patent No. 11,923,903 teaches receiving an indication to transmit a message using light pattern, therefore, it would have been obvious that there exist a receiver system in communication with the transmitter system of U.S. Patent No. 11,923,903 in order to receive the transmitted light pattern. Furthermore, claims 9 and 18 of U.S. Patent No. 11,923,903 teaches receiving transmitted light patterns.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 9-14 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nayar et al (US Patent No. 11,082,129).
Regarding claim 1, Nayar et al teaches a non-transitory machine-readable medium having executable instructions to cause one or more processing units to perform a method (col. 9, lines 18-23; …“method 800 is performed by a peripheral device as described herein. In some embodiments, method 800 is embodied by instructions stored in a non-transitory computer readable medium (e.g. a memory), that when executed by processing circuitry of a device, cause the device to perform the described method.”) to receive a message transmitted using a light pattern, the method comprising:
activating a camera sensor on a first device (col. 6, lines 17-20; “The sensors 336,356 can detect the patterns of data to identify the social media codes, and store the social media codes in memory integrated with or attached to the peripheral devices 332, 352.”; it is inherent that the camera sensor is activated to receive transmitted pattern);
detecting the light pattern using the camera sensor emanating from a second device using the flash of the second device (col. 6, lines 10-20; “FIG. 3 includes two peripheral devices 332 and 352, each containing an illumination source 334, 354 (e.g. an LED, IR source, multiple such elements, or other illumination device), a sensor 336, 356 (e.g. a sensor to detect matching wavelengths of light emitted by illumination source 334, 354). The illumination sources emit respective light waves 338 and 358 which can be used to communicate social media codes. The sensors 336,356 can detect the patterns of data to identify the social media codes, and store the social media codes in memory integrated with or attached to the peripheral devices 332, 352.”);
transforming the light pattern to a message (col. 6, lines 28-33; “…each peripheral device includes at least one illumination device, such as a light emitting diode (LED), that converts the data (e.g., social media code) into a temporal code by flickering on and off (e.g. amplitude modification of the output power of the light from the illumination source 334, 354).”); and
presenting the message on the first device (col. 6, lines 17-20; “The sensors 336,356 can detect the patterns of data to identify the social media codes, and store the social media codes in memory integrated with or attached to the peripheral devices 332, 352.”).
Regarding claims 2 and 11, Nayar et al teaches wherein the transforming comprises: transforming the light pattern into an encoded message; and decoding the encoded message into the message (col. 6, lines 28-44; “…each peripheral device includes at least one illumination device, such as a light emitting diode (LED), that converts the data (e.g., social media code) into a temporal code by flickering on and off (e.g. amplitude modification of the output power of the light from the illumination source 334, 354). In one embodiment, the illumination device flickers on and off a at a high rate to transmit binary data. In various embodiments, the illumination device is controlled by a microcontroller or control circuitry included in the peripheral device. In response to initiation of the light wave communication process (e.g., by pressing a button such as input device 223), the client device scans for data using sensors such as sensors 336, 356. In one embodiment, the time at which the two client devices initiate the light wave communication process overlaps by some predetermined amount of time in order for the light wave communication process to begin.”).
Regarding claims 3 and 12, Nayar et al teaches wherein the message is encoded using a flash signal encoding (col. 6, lines 10-13; “FIG. 3 includes two peripheral devices 332 and 352, each containing an illumination source 334, 354 (e.g. an LED, IR source, multiple such elements, or other illumination device)…”; col. 6, lines 28-33; “…each peripheral device includes at least one illumination device, such as a light emitting diode (LED), that converts the data (e.g., social media code) into a temporal code by flickering on and off (e.g. amplitude modification of the output power of the light from the illumination source 334, 354).”).
Regarding claims 4 and 13, Nayar et al teaches wherein the light pattern is a pattern of intermittent on and off flashes from the flash (col. 6, lines 30-35; “…a light emitting diode (LED), that converts the data (e.g., social media code) into a temporal code by flickering on and off (e.g. amplitude modification of the output power of the light from the illumination source 334, 354). In one embodiment, the illumination device flickers on and off a at a high rate to transmit binary data.”).
Regarding claims 5 and 14, Nayar et al teaches detecting the light pattern using a machine learning algorithm (see col. 4, lines 25-42; “… functions and services supported by the social network system 122 include the identification of other users of the messaging system 100 with whom a particular user has relationships or whom the particular user is “following,” and also the identification of other entities and interests of a particular user…. The update system 123 manages training and deployment of machine learning schemes and models distributed to a plurality of client devices (e.g., client device 102). In some example embodiments, the update system 123 trains the neural network models on sets of keywords to be recognized on the client device 102. The trained models are then distributed as part of the messaging client application 104 download discussed below, or as an update to the messaging client application 104.”).
Regarding claims 9 and 18, Nayar et al teaches wherein the message is a one-to-one message to another device (col. 6, lines 10-20; “FIG. 3 includes two peripheral devices 332 and 352, each containing an illumination source 334, 354 (e.g. an LED, IR source, multiple such elements, or other illumination device), a sensor 336, 356 (e.g. a sensor to detect matching wavelengths of light emitted by illumination source 334, 354). The illumination sources emit respective light waves 338 and 358 which can be used to communicate social media codes. The sensors 336,356 can detect the patterns of data to identify the social media codes, and store the social media codes in memory integrated with or attached to the peripheral devices 332, 352.”).
Regarding claim 10, Nayar et al teaches a method comprising:
activating a camera sensor on a first device (col. 6, lines 17-20; “The sensors 336,356 can detect the patterns of data to identify the social media codes, and store the social media codes in memory integrated with or attached to the peripheral devices 332, 352.”; it is inherent that the camera sensor is activated to receive transmitted pattern);
detecting the light pattern using the camera sensor emanating from a second device using the flash of the second device (col. 6, lines 10-20; “FIG. 3 includes two peripheral devices 332 and 352, each containing an illumination source 334, 354 (e.g. an LED, IR source, multiple such elements, or other illumination device), a sensor 336, 356 (e.g. a sensor to detect matching wavelengths of light emitted by illumination source 334, 354). The illumination sources emit respective light waves 338 and 358 which can be used to communicate social media codes. The sensors 336,356 can detect the patterns of data to identify the social media codes, and store the social media codes in memory integrated with or attached to the peripheral devices 332, 352.”);
transforming the light pattern to a message (col. 6, lines 28-33; “…each peripheral device includes at least one illumination device, such as a light emitting diode (LED), that converts the data (e.g., social media code) into a temporal code by flickering on and off (e.g. amplitude modification of the output power of the light from the illumination source 334, 354).”); and
presenting the message on the first device (col. 6, lines 17-20; “The sensors 336,356 can detect the patterns of data to identify the social media codes, and store the social media codes in memory integrated with or attached to the peripheral devices 332, 352.”).
Regarding claim 19, Nayar et al teaches a device comprising:
a camera sensor (col. 6, lines 10-20; “FIG. 3 includes two peripheral devices 332 and 352, each containing an illumination source 334, 354 (e.g. an LED, IR source, multiple such elements, or other illumination device), a sensor 336, 356 (e.g. a sensor to detect matching wavelengths of light emitted by illumination source 334, 354). The illumination sources emit respective light waves 338 and 358 which can be used to communicate social media codes. The sensors 336,356 can detect the patterns of data to identify the social media codes, and store the social media codes in memory integrated with or attached to the peripheral devices 332, 352.”);
at least one processor bus (col. 14, lines 50-56; “The machine 1000 may include processors 1010, memory/storage 1030, and I/O components 1050, which may be configured to communicate with each other such as via a bus 1002. The memory/storage 1030 may include a memory 1032, such as a main memory, or other memory storage, and a storage unit 1036, both accessible to the processors 1010 such as via the bus 1002.”);
a memory coupled to the processor though a bus (col. 14, lines 50-56; “The machine 1000 may include processors 1010, memory/storage 1030, and I/O components 1050, which may be configured to communicate with each other such as via a bus 1002. The memory/storage 1030 may include a memory 1032, such as a main memory, or other memory storage, and a storage unit 1036, both accessible to the processors 1010 such as via the bus 1002.”); and
a process executed from the memory by the processor that causes the processor to
activate the camera sensor on the device (col. 6, lines 17-20; “The sensors 336,356 can detect the patterns of data to identify the social media codes, and store the social media codes in memory integrated with or attached to the peripheral devices 332, 352.”; it is inherent that the camera sensor is activated to receive transmitted pattern),
detect the light pattern using the camera sensor emanating from another device using the flash of the another device (col. 6, lines 10-20; “FIG. 3 includes two peripheral devices 332 and 352, each containing an illumination source 334, 354 (e.g. an LED, IR source, multiple such elements, or other illumination device), a sensor 336, 356 (e.g. a sensor to detect matching wavelengths of light emitted by illumination source 334, 354). The illumination sources emit respective light waves 338 and 358 which can be used to communicate social media codes. The sensors 336,356 can detect the patterns of data to identify the social media codes, and store the social media codes in memory integrated with or attached to the peripheral devices 332, 352.”),
transforming the light pattern to a message (col. 6, lines 28-33; “…each peripheral device includes at least one illumination device, such as a light emitting diode (LED), that converts the data (e.g., social media code) into a temporal code by flickering on and off (e.g. amplitude modification of the output power of the light from the illumination source 334, 354).”), and
presenting the message on the device (col. 6, lines 17-20; “The sensors 336,356 can detect the patterns of data to identify the social media codes, and store the social media codes in memory integrated with or attached to the peripheral devices 332, 352.”).
Regarding claim 20 Nayar et al teaches wherein the process causes the processor to transform the light pattern to the message by transforming the light pattern into an encoded message and decoding the encoded message into the message (col. 6, lines 28-44; “…each peripheral device includes at least one illumination device, such as a light emitting diode (LED), that converts the data (e.g., social media code) into a temporal code by flickering on and off (e.g. amplitude modification of the output power of the light from the illumination source 334, 354). In one embodiment, the illumination device flickers on and off a at a high rate to transmit binary data. In various embodiments, the illumination device is controlled by a microcontroller or control circuitry included in the peripheral device. In response to initiation of the light wave communication process (e.g., by pressing a button such as input device 223), the client device scans for data using sensors such as sensors 336, 356. In one embodiment, the time at which the two client devices initiate the light wave communication process overlaps by some predetermined amount of time in order for the light wave communication process to begin.”).
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 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Nayar et al (US Patent No. 11,082,129) in view of Chaillan (US Pub. No. 2016/0173200).
Regarding claims 8 and 17, Nayar et al teaches transmitting message, as discussed above, and differs from the claimed invention in that Nayar et al does not specifically teach wherein the message is broadcast to one or more receiving devices. However, it is well known to broadcast message. Chaillan teaches multi-channel visible light communications systems comprising system for broadcasting messages (see paragraph [0006]; “Systems and methods for broadcasting using VLC Multi-Channel are disclosed.”). Therefore, it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the transmission system of Nayar et al by transmitting broadcast message, as taught by Chaillan in order to simultaneously transmit the same messages to multiple devices.
Allowable Subject Matter
Claims 6, 7, 15 and 16 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Knapp et al (US Pub. No. 2022/0114884) is cited to show visible light communication system and method.
Fedtke (US Pub. No. 2022/0036022) is cited to show bidirectional data exchange across devices via barcodes.
Engelen et al (US Pub. No. 2020/0382212) is cited to show devices and methods for the transmission and reception of coded light.
Linnartz et al (US Pub. No. 2020/0153506) is cited to show illumination system for communicating data.
Koo (US Pub. No. 2019/0355190) is cited to show light-based commercial messaging systems.
Chen et al (US Patent No. 9,559,772) is cited to show light communication between mobile devices.
van der Merwee et al (US Patent No. 9,022,292) is cited to show invisible optical label for transmitting information between computing devices.
Wilfred et al (US Pub. No. 2015/0065046) is cited to show localized visible light communications among wireless communication devices.
Jiang et al (US Pub. No. 2015/0023669) is cited to show low power visual light communication.
Uedaira et al (US Pub. No. 2015/0010308) is cited to show visible light communication system between mobile devices.
Choi et al (US Pub. No. 2009/0028558) is cited to show visible light communication in a data link layer of a visible light communication system.
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DALZID E. SINGH
Primary Examiner
Art Unit 2635
/DALZID E SINGH/Primary Examiner, Art Unit 2635