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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application Number 15/371,859, filed on December 7, 2016.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on April 18, 2024 has been 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.
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Claims 1 and 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4 and 5 of U.S. Patent Number 10,509,240. Although the claims at issue are not identical, they are not patentably distinct from each other because claim light-emitting diode glasses as outlined below:
U.S. Patent Application Number 18/638975
U.S. Patent Number 10,509,240
Claim 1
A pair of light emitting diode eyeglasses comprising:
an eyeglass frame that comprises a front frame that is provided with a plurality of light emitting diodes a leg frame that is connected with the front frame;
a memory configured to store at least one pattern data;
and a control unit that is provided in the eyeglass frame and configured to control driving of the light emitting diodes such that the at least one pattern data is displayed through the light emitting diodes,
wherein the plurality of light emitting diode are arranged as a matrix with a preset transverse interval and a preset longitudinal interval,
wherein an opening for securing the field of view of a front side of a user are provided in the front frame,
wherein the opening is arranged between the plurality of light emitting diode, and
wherein the opening comprises a first opening and a second opening formed at respective positions corresponding to a left eye and a right eye of a user with the center of the front frame therebetween.
Claim 7
The pair of light emitting diode eyeglasses of claim 1, wherein the eyeglass frame further comprises a control button for controlling driving of the light emitting diodes, and
wherein the control unit controls driving of the light emitting diodes such that the pattern data stored in the memory unit are selected and are displayed through the light emitting diodes, based on manipulation of the control button.
Claim 1
A pair of light emitting diode eyeglasses comprising:
an eyeglass frame that comprises:
a control unit;
a front frame comprising a plurality of light emitting diodes; and a pair of leg frames, each of which includes a first end attached to the front frame and a second end that is opposite to the first end and configured to be positioned on each ear of a user;
and a communication module configured to communicate one or more pattern data with a control terminal unit, wherein each second end of the pair of leg frames comprises a power supply unit, and the power supply unit is configured to supply electric power to the plurality of light emitting diodes of the front frame, the communication module, and the control unit, wherein the control unit is configured to control the plurality of light emitting diodes of the front frame to display the pattern data over the plurality of light emitting diodes, wherein the front frame comprises a plurality of openings for securing a field of view of a front side of the user, wherein the plurality of openings are arranged in a plurality of lines, each line of the lines of openings is parallel along a lengthwise direction of the front frame, the lines of openings are positioned at each of a left-center portion and a right-center portion of the front frame, the left-center portion and right-center portion are configured to correspond to a left eye position and right eye position of the user, respectively, and the lines of openings are positioned with a first longitudinal interval, wherein the plurality of light emitting diodes are arranged as a matrix shape with a second transverse interval and a second longitudinal interval, and wherein each line of the lines of openings is arranged between each line of the plurality of light emitting diode by the first longitudinal interval that is same as the second longitudinal interval.
Claim 4
The pair of light emitting diode eyeglasses of claim 1, wherein the eyeglass frame further comprises a memory unit configured to store the pattern data, and wherein the communication module is configured to receive a selection input to select the pattern data stored in the memory from the control terminal unit.
Claim 5
The pair of light emitting diode eyeglasses of claim 1, wherein the eyeglass frame further comprises: a memory unit configured to store the pattern data; and a control button configured to control the plurality of light emitting diodes, and wherein the control unit is, based on manipulation of the control button, configured to select the pattern data stored in the memory unit, and control the plurality of light emitting diodes to display the selected pattern data over the plurality of light emitting diodes.
Claims 1 and 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent Number 10,935,816. Although the claims at issue are not identical, they are not patentably distinct from each other because claim light-emitting diode glasses as outlined below:
U.S. Patent Application Number 18/638975
U.S. Patent Number 10,935,816
Claim 1
A pair of light emitting diode eyeglasses comprising:
an eyeglass frame that comprises a front frame that is provided with a plurality of light emitting diodes a leg frame that is connected with the front frame;
a memory configured to store at least one pattern data;
and a control unit that is provided in the eyeglass frame and configured to control driving of the light emitting diodes such that the at least one pattern data is displayed through the light emitting diodes,
wherein the plurality of light emitting diode are arranged as a matrix with a preset transverse interval and a preset longitudinal interval,
wherein an opening for securing the field of view of a front side of a user are provided in the front frame, wherein the opening is arranged between the plurality of light emitting diode, and wherein the opening comprises a first opening and a second opening formed at respective positions corresponding to a left eye and a right eye of a user with the center of the front frame therebetween.
Claim 7
The pair of light emitting diode eyeglasses of claim 1, wherein the eyeglass frame further comprises a control button for controlling driving of the light emitting diodes, and
wherein the control unit controls driving of the light emitting diodes such that the pattern data stored in the memory unit are selected and are displayed through the light emitting diodes, based on manipulation of the control button.
Claim 1
A pair of light emitting diode eyeglasses comprising:
an eyeglass frame that comprises a pair of leg frames and a front frame that is provided with a plurality of light emitting diodes, each leg frame includes a first end attached to the front frame and a second end that is opposite to the first end and configured to be positioned on each ear of a user;
a communication module for communicating one or more pattern data with a control terminal unit;
a control unit that is provided in the eyeglass frame and configured to control driving of the light emitting diodes such that the pattern data is displayed through the light emitting diodes;
and a power supply unit that is provided for each leg frame of at least one of the pair of leg frames, and configured to supply electric power to the light emitting diodes, the memory unit, the communication module, and the control unit;
wherein a plurality of openings for securing the field of view of a front side of a user are provided in the front frame, wherein the plurality of openings are arranged in parallel along the lengthwise direction of the front frame at each of the centers of the opposite sides of the front frame and with a first longitudinal interval, wherein the plurality of light emitting diode are arranged as a matrix with a second transverse interval and a second longitudinal interval, and wherein each opening is arranged between each line of the plurality of light emitting diode by the first longitudinal interval that is same as the second longitudinal interval.
Claim 5
The pair of light emitting diode eyeglasses of claim 1, further comprising: a memory unit which is provided in the eyeglass frame and in which one or more pattern data are stored; wherein the eyeglass frame further comprises a control button for controlling driving of the light emitting diodes, and wherein the control unit controls driving of the light emitting diodes such that the pattern data stored in the memory unit are selected and are displayed through the light emitting diodes, based on manipulation of the control button.
Claims 1, 7 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9 and 10 of U.S. Patent Number 11,988,898. Although the claims at issue are not identical, they are not patentably distinct from each other because claim light-emitting diode glasses as outlined below:
U.S. Patent Application Number 18/638975
U.S. Patent Number 11,988,898
Claim 1
A pair of light emitting diode eyeglasses comprising:
an eyeglass frame that comprises a front frame that is provided with a plurality of light emitting diodes a leg frame that is connected with the front frame;
a memory configured to store at least one pattern data;
and a control unit that is provided in the eyeglass frame and configured to control driving of the light emitting diodes such that the at least one pattern data is displayed through the light emitting diodes,
wherein the plurality of light emitting diode are arranged as a matrix with a preset transverse interval and a preset longitudinal interval,
wherein an opening for securing the field of view of a front side of a user are provided in the front frame, wherein the opening is arranged between the plurality of light emitting diode, and wherein the opening comprises a first opening and a second opening formed at respective positions corresponding to a left eye and a right eye of a user with the center of the front frame therebetween.
Claim 7
The pair of light emitting diode eyeglasses of claim 1, wherein the eyeglass frame further comprises a control button for controlling driving of the light emitting diodes, and
wherein the control unit controls driving of the light emitting diodes such that the pattern data stored in the memory unit are selected and are displayed through the light emitting diodes, based on manipulation of the control button.
Claim 8
The pair of light emitting diode eyeglasses of claim 1, further comprising:
a communication module for communicating the pattern data with a control terminal unit,
wherein when the control unit communicates with the control terminal unit through the communication module, the control unit controls driving of the light emitting diodes such that the pattern data received from the control terminal unit are displayed through the light emitting diodes.
Claim 1
A pair of light emitting diode eyeglasses comprising:
an eyeglass frame that comprises a front frame that is provided with a plurality of light emitting diodes a leg frame that is connected with the front frame;
[see claim 9]
and a control unit that is provided in the eyeglass frame and configured to control driving of the light emitting diodes such that pattern data is displayed through the light emitting diodes,
wherein the plurality of light emitting diode are arranged as a matrix with a preset transverse interval and a preset longitudinal interval,
wherein an opening for securing the field of view of a front side of a user are provided in the front frame, wherein the opening is arranged between one first row and another second row of the plurality of light emitting diode, and wherein the center of the front frame is arranged between the first row and the second row, and wherein the opening comprises a first opening and a second opening spaced apart from each other in the transverse direction with the center of the front frame therebetween.
Claim 9
The pair of light emitting diode eyeglasses of claim 1, further comprising: a memory unit configured to store the pattern data,
wherein the eyeglass frame further comprises a control button for controlling driving of the light emitting diodes, and wherein the control unit controls driving of the light emitting diodes such that the pattern data stored in the memory unit are selected and are displayed through the light emitting diodes, based on manipulation of the control button.
Claim 10
The pair of light emitting diode eyeglasses of claim 9, further comprising:
a communication module for communicating the pattern data with a control terminal unit, wherein when the control unit communicates with the control terminal unit through the communication module, the control unit controls driving of the light emitting diodes such that the pattern data received from the control terminal unit are displayed through the light emitting diodes.
Allowable Subject Matter
Claims 1, 7 and 8 would be allowable if rewritten or amended to overcome the nonstatutory double patenting rejection, set forth in this Office action.
Claims 2-8 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art taken either singularly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 U.S.C. §102 or §103 would be proper.
Although the prior art teaches a pair of light emitting diode eyeglasses comprising: an eyeglass frame that comprises a front frame that is provided with a plurality of light emitting diodes a leg frame that is connected with the front frame; a memory configured to store at least one pattern data; and a control unit that is provided in the eyeglass frame and configured to control driving of the light emitting diodes such that the at least one pattern data is displayed through the light emitting diodes, wherein the plurality of light emitting diode are arranged as a matrix with a preset transverse interval and a preset longitudinal interval, wherein an opening for securing the field of view of a front side of a user are provided in the front frame, the prior art fails to teach such a pair of light emitting diode glasses wherein the opening is arranged between the plurality of light emitting diode, and wherein the opening comprises a first opening and a second opening formed at respective positions corresponding to a left eye and a right eye of a user with [a] center of the front frame therebetween, as recited in claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRYL J COLLINS whose telephone number is (571) 272-2325. The examiner can normally be reached M-Th 5:30 a.m. - 4:00 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky L Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARRYL J COLLINS/Primary Examiner, Art Unit 2872
13 November 2025