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 .
DETAILED ACTION
This Office Action is in response to Application No. 18/616,591 filed 03/26/2024. Claims 1-10 are pending and have been examined.
The information disclosure statement (IDS) submitted on 03/26/2024 was 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 1-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7 and 9-13 of copending Application No. 18/616,574 in view of Wei (CN 113985692), citations refer to provided English translation.
This is a provisional nonstatutory double patenting rejection.
Application No. 18/616,591
Application No. 18/616,574
1. A position adjustment apparatus comprising:
1. A position adjustment apparatus comprising:
a housing including a first space in which a first projector is disposed and a second space in which a second projector is disposed;
a housing including a first space in which a first projector is disposed and a second space in which a second projector is disposed;
a first rotary table on which the first projector is placed and which is rotatably supported by the housing about a first rotation axis; and
a first rotary table on which the first projector is placed and which is rotatably supported by the housing about a first rotation axis; and
a second rotary table on which the second projector is placed and which is rotatably supported by the housing about a second rotation axis parallel to the first rotation axis, wherein
a second rotary table on which the second projector is placed and which is rotatably supported by the housing about a second rotation axis parallel to the first rotation axis, wherein
the housing includes a first opening through which first image light projected from the first projector passes, and a second opening through which second image light projected from the second projector passes,
the housing includes a first opening through which first image light projected from the first projector passes, and a second opening through which second image light projected from the second projector passes,
a rotation direction of the first rotary table and a rotation direction of the second rotary table are opposite to each other,
a rotation direction of the first rotary table and a rotation direction of the second rotary table are opposite to each other, and
rotation of the first rotary table and rotation of the second rotary table are in conjunction with each other, and
rotation of the first rotary table and rotation of the second rotary table are in conjunction with each other.
However, the patented claims do not explicitly teach the first rotary table and the second rotary table are configured to be replaceable with respect to the housing.
In an analogous art, Wei, which discloses a projector system, clearly teaches first rotary table and the second rotary table are configured to be replaceable with respect to the housing. (Figs. 1, 2: The rotation mechanisms can be removed from base 1 as shown in Fig. 2.)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the patented claims by first rotary table and the second rotary table are configured to be replaceable with respect to the housing, as taught by Wei, for the benefit of replacing the rotary tables.
Claim 2 of the application corresponds to claim 2 of the patent.
Claim 3 of the application corresponds to claim 3 of the patent.
Claim 4 of the application corresponds to claim 1 of the patent in view of Wei Figs. 1, 2.
Claim 5 of the application corresponds to claim 7 of the patent.
Claim 6 of the application corresponds to claim 9 of the patent.
Claim 7 of the application corresponds to claim 10 of the patent.
Claim 8 of the application corresponds to claim 11 of the patent.
Claim 9 of the application corresponds to claim 12 of the patent.
Claim 10 of the application corresponds to claim 13 of the patent.
Claim Rejections - 35 USC § 102
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.
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, 2, 4-6, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wei (CN 113985692), citations refer to provided English translation.
Consider claim 1, Wei clearly teaches a position adjustment apparatus (Fig. 1) comprising:
a housing including a first space in which a first projector is disposed and a second space in which a second projector is disposed; (Fig. 1: The projection device structure houses first and second projectors 10, pg. 7 lines 2-3.)
a first rotary table on which the first projector is placed and which is rotatably supported by the housing about a first rotation axis; (Figs. 1, 3: Each projector 10 is coupled to a rotation mechanism parallel to one another, pg. 7 line 39 to pg. 8 line 26.) and
a second rotary table on which the second projector is placed and which is rotatably supported by the housing about a second rotation axis parallel to the first rotation axis, (Figs. 1, 3: Each projector 10 is coupled to a rotation mechanism parallel to one another, pg. 7 line 39 to pg. 8 line 26.) wherein
the housing includes a first opening through which first image light projected from the first projector passes, and a second opening through which second image light projected from the second projector passes, (Fig. 1: Base 1 has openings in front of projectors 10, pg. 7 lines 2-6.)
a rotation direction of the first rotary table and a rotation direction of the second rotary table are opposite to each other, rotation of the first rotary table and rotation of the second rotary table are in conjunction with each other, (Fig. 1: Projectors 10 are rotated together so that the lenses are close to gentry 13, pg. 9 lines 20-27.) and
the first rotary table and the second rotary table are configured to be replaceable with respect to the housing. (Figs. 1, 2: The rotation mechanisms can be removed from base 1 as shown in Fig. 2.)
Consider claim 2, Wei clearly teaches:
a first fixing tool and a second fixing tool configured to fix the first projector to the first rotary table, (Figs. 1, 3: The projector 10 is fixed to the rotation mechanism by rotating arms 28 arranged on both sides of the projector 10, pg. 8 lines 2-10.) wherein
the first rotary table includes a first fixing portion to which the first projector is fixed by the first fixing tool, and a second fixing portion to which the first projector is fixed by the second fixing tool, (Figs. 1, 3: Pull rods 25 hold the projector 10 in the connecting shell 4 on both sides, pg. 8 lines 12-26.) and
the first fixing portion and the second fixing portion are disposed at positions where an optical axis of a projection optical apparatus that projects the first image light overlaps the first rotation axis in the first projector when the first rotary table to which the first projector is fixed is viewed along the first rotation axis. (Figs. 1, 3: The optical axis of the lens of projector 10 is centered over the rotation mechanism.)
Consider claim 4, Wei clearly teaches the housing is configured such that the first projector and the first rotary table, and the second projector and the second rotary table are removable from a top surface side of the housing. (Figs. 1, 2: The top of the projection device structure is open.)
Consider claim 5, Wei clearly teaches a first fixing member configured to fix the first rotary table in the rotation direction of the first rotary table and a direction along the first rotation axis; (Figs. 1, 3: Fixed disk 21 couples the rotating plate 14 to the base 1, pg. 7 line 39 to pg. 8 line 4.) and a second fixing member configured to fix the second rotary table in the rotation direction of the second rotary table and a direction along the second rotation axis. (Figs. 1, 3: Fixed disk 21 couples the rotating plate 14 to the base 1, pg. 7 line 39 to pg. 8 line 4.)
Consider claim 6, Wei clearly teaches the housing includes a partition wall configured to partition the first space and the second space. (Fig. 1: Door frame 13 divides the base 1, pg. 7 lines 17-19.)
Consider claim 9, Wei clearly teaches each of the first opening and the second opening is a partial area in single opening. (Fig. 1: The front of the projection device structure is a single opening.)
Consider claim 10, Wei clearly teaches a projection system comprising: a first projector configured to project first image light; a second projector configured to project second image light; (Fig. 1: The projection device structure houses first and second projectors 10, pg. 7 lines 2-3.) and the position adjustment apparatus according to claim 1. (see claim 1)
Claim Rejections - 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 (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.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wei (CN 113985692) in view of Wakabayashi (JP 2011-203286), citations refer to provided English translation.
Consider claim 3, Wei clearly teaches a first fixing tool and a second fixing tool configured to fix the first projector to the first rotary table, (Figs. 1, 3: The projector 10 is fixed to the rotation mechanism by rotating arms 28 arranged on both sides of the projector 10, pg. 8 lines 2-10.) wherein the first rotary table includes a first fixing portion to which the first projector is fixed by the first fixing tool, and a second fixing portion to which the first projector is fixed by the second fixing tool. (Figs. 1, 3: Pull rods 25 hold the projector 10 in the connecting shell 4 on both sides, pg. 8 lines 12-26.)
However, Wei does not explicitly teach the first fixing portion and the second fixing portion are disposed at positions where the first rotation axis overlaps a light combiner configured to combine light emitted from a plurality of light modulators in the first projector when the first rotary table to which the first projector is fixed is viewed along the first rotation axis.
In an analogous art, Wakabayashi, which discloses a projector system, clearly teaches the first rotation axis overlaps a light combiner configured to combine light emitted from a plurality of light modulators in the first projector when the first rotary table to which the first projector is fixed is viewed along the first rotation axis. (Fig. 9: The axis of rotation shaft 151J passes through prism 352, pg. 18 lines 32-35.)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Wei by the first rotation axis overlaps a light combiner configured to combine light emitted from a plurality of light modulators in the first projector when the first rotary table to which the first projector is fixed is viewed along the first rotation axis, as taught by Wakabayashi, for the benefit of maintaining the position of the combiner when the table is rotated.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wei (CN 113985692) in view of Murakami et al. (US 2010/0118275), herein Murakami.
Consider claim 7, Wei clearly teaches the housing.
However, Wei does not explicitly teach the housing includes: a first introduction port configured to establish communication between the first space and outside of the housing and introduce air outside the housing into the first space; a first discharge port configured to establish communication between the first space and the outside of the housing and discharge air inside the first space to the outside of the housing; a second introduction port configured to establish communication between the second space and the outside of the housing and introduce the air outside the housing into the second space; and a second discharge port configured to establish communication between the second space and the outside of the housing and discharge air inside the second space to the outside of the housing.
In an analogous art, Murakami, which discloses a projector system, clearly teaches the housing includes:
a first introduction port configured to establish communication between the first space and outside of the housing and introduce air outside the housing into the first space; (Fig. 7: Duct 8a guides outside air 204 into the left enclosure, [0061], [0062].)
a first discharge port configured to establish communication between the first space and the outside of the housing and discharge air inside the first space to the outside of the housing; (Fig. 7: Exhaust air 201 passes through duct 8b from the left enclosure to the outside, [0063].)
a second introduction port configured to establish communication between the second space and the outside of the housing and introduce the air outside the housing into the second space; (Fig. 7: Duct 8a guides outside air 204 into the right enclosure, [0061], [0062].) and
a second discharge port configured to establish communication between the second space and the outside of the housing and discharge air inside the second space to the outside of the housing. (Fig. 7: Exhaust air 201 passes through duct 8b from the right enclosure to the outside, [0063].)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Wei by the housing includes: a first introduction port configured to establish communication between the first space and outside of the housing and introduce air outside the housing into the first space; a first discharge port configured to establish communication between the first space and the outside of the housing and discharge air inside the first space to the outside of the housing; a second introduction port configured to establish communication between the second space and the outside of the housing and introduce the air outside the housing into the second space; and a second discharge port configured to establish communication between the second space and the outside of the housing and discharge air inside the second space to the outside of the housing, as taught by Murakami, to achieve the predictable result of cooling the projectors.
Consider claim 8, Wei combined with Murakami clearly teaches the first discharge port is provided at a region in a top surface of the housing, the region corresponding to the first space, the first discharge port is disposed at a position on a second space side at the region, (Figs. 2, 7: Exhaust air ducts 102 are positioned at the top of the housing, [0063] Murakami.) and the housing includes a guide wall that is disposed between the first opening and the second opening and configured to guide the air inside the first space to the first discharge port. (Fig. 7: The shaded areas between the enclosures are solid and guide air from ducts 8A to ducts 8b, [0058], [0064] Murakami.)
Conclusion
In the case of amending the claimed invention, applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN R SCHNURR whose telephone number is (571)270-1458. The examiner can normally be reached M-F 6a-4p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at (571)272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN R SCHNURR/ Primary Examiner, Art Unit 2425