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 .
Claim Objections
Claims 3-5 are objected to because of the following informalities: “said arm” recited on line 3 of claim 3. It appears that “each arm member” is intended. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 3-5 are 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 3 recites the limitation “the releasable connection means of each of said arm members comprises a socket assembly slidably positioned on the end of each arm for releasably connecting with said screen and adjusting the overall length of each arm” in claims 1-4. There is insufficient antecedent basis for “the releasable connection means” in the claim.
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 7, 10, and 15-18 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 20180284589 A1.
Regarding claim 1, US 20180284589 A1 teaches a portable display device with an attached collapsible and removeable screen (110), comprising: a housing member (130) containing a projector (180, 190, 192, 194; Fig. 5; [0033]) and associated display lenses, a screen (110) capable of displaying an image projected by said projector (180, 190, 192, 194) when deployed, a sliding member (140) aligned on the exterior of said housing member (130) for sliding along the exterior of said housing member (130) between two operating positions and off the housing member (130) when removing said screen (110), and multiple collapsible arm members (122, 124, 126, 128) fixedly and adjustably connected to said screen (110) and rotatably connected to both said housing member (130) and said sliding member (140) for moving said screen (110) between a first and second position, a translation assembly (132; Fig. 7) to which a first set of said multiple collapsible arm members (122, 124, 126, 128) are rotatably and removably connected, and wherein said translation assembly (132) adjusts the position of a projected image from said projector (180, 190, 192, 194) on said deployed screen (110).
Regarding claim 7, US 20180284589 A1 further teaches a flexible, wrinkle-resistant shroud member attached to said screen (110; [0029]) and removably attached to said housing member (130) and having a pocket ([0049]) for containing each of said multiple collapsible arm members (122, 124, 126, 128) for blocking external light from said screen (110) when said screen (110) is deployed (Fig. 13-14).
Regarding claim 10, US 20180284589 A1 further teaches said sliding member (140) and said multiple arm members (122, 124, 126, 128) are removed from said housing member (130) along with said screen (110) and shroud.
Regarding claim 15, US 20180284589 A1 further teaches said screen (110) in a collapsed state encloses said housing member (130), said sliding member (140) and said multiple collapsible arm members (122, 124, 126, 128).
Regarding claim 16, US 20180284589 A1 further teaches said screen (110) is configured to be a touch screen (110; [0033]).
Regarding claim 17, US 20180284589 A1 further teaches said screen (110) has concave edges when properly tensioned and deployed (Fig. 12-14).
Regarding claim 18, US 20180284589 A1 further teaches said screen (110) contains embedded optical enhancing components and particulates ([0029]).
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 2-5, 8 and 13, 14, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180284589 A1.
Regarding claim 2, US 20180284589 A1 further teaches each of said collapsible arm members (122, 124, 126, 128) comprises: a first main strut member (128a) rotatably and removably attached at a first end to a point attached to said housing member (130) and at the opposite second end rotatably interconnected to a second main strut member (128d) at a point offset from a first end of said second main strut member (128d), wherein said second main strut member (128d) is at a second end opposite from the interconnection to said first main strut member (128a) interconnected to a third main strut member (128f) at a moveable point offset from a first end of said third main strut member (128f), a first activating strut member (128b) rotatably and removably attached at a first end to a point attached to said sliding member (140) and rotatably interconnected/attached to said first main strut member (128a) at a point adjacent to at the approximate midpoint of said first main strut member (128a), a second supporting strut rod member (128c) rotatably interconnected/attached to said first activating strut member (128b) at said first end of said second main strut member (128d) and rotatably interconnected/attached to a point (128x) adjacent the second end of said first activating strut member (128b).
US 20180284589 A1 does not explicitly teach a first supporting strut rod member rotatably interconnected/attached to the first end of said third main strut member (128f) and rotatably interconnected/attached to said first main strut member (128a) at a point offset from said second end of said first main strut member (128a) and restrained from separating from said second main strut member (128d) near the second end of said second main strut member (128d).
It is clear to a person of ordinary skills in the art that the mechanism of the first supporting strut rod member is a duplicate of the second supporting strut rod member (128c).
Duplication of parts has been held prima facie obvious. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Regarding claim 3, US 20180284589 A1 further teaches the releasable connection means (1300) of each of said arm members (122, 124, 126, 128) comprises a socket assembly slidably positioned on the end of each arm for releasably connecting with said screen (110) and adjusting the overall length of each arm (Fig. 13; [0049]).
Regarding claim 4, US 20180284589 A1 further teaches the releasable connection means (1300) of each of said arm members (122, 124, 126, 128) further comprises a base member fixed on said arm near the end of each of said arms for adjustably connecting to said socket assembly (Fig. 13).
Regarding claim 5, US 20180284589 A1 further teaches the releasable connection means (1300) of each of said socket assemblies comprises a releasable interconnection assembly and having a flat surface angled to connect to said screen (110) in a manner to provide a deployed screen (110) perpendicular to a projector beam (Fig. 12-14; [0049]).
Regarding claim 8, US 20180284589 A1 does not explicitly teach said translation assembly (132) comprises: two abutting plates each having extensions for external rotatable and removeable connections and having openings for attachment to said housing/main member, and wherein each of said plates is moveable and adjustable in either a vertical or horizontal direction.
Having said translation assembly (132) comprises: two separate mirrored parts, upper and lower or left and right, such that each having extensions for external rotatable and removeable connections and having openings for attachment to said housing/main member, and wherein each of said plates is moveable and adjustable in either a vertical or horizontal direction amounts to making a part separatable, which is prima facie obvious. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose.").
Regarding claim 13, US 20180284589 A1 further teaches each of said main strut members and said activating strut member comprises at least two structural members (Fig. 7 and 8).
Regarding claim 14, US 20180284589 A1 further teaches each of said main strut members and said activating strut member comprises a rigid attachment member at each end of said at least two structural members to hold them in a parallel position and provide openings for rotatable interconnections (Fig. 7 and 8).
Regarding claim 24, US 20180284589 A1 further teaches said third main strut member (128f) has a releasable connection means (1300) positioned at the non-rotating end for releasably and adjustably connecting to said screen (110; Fig. 13).
Conclusion
The prior art references cited in PTO-892 are made of record and considered pertinent to applicant's disclosure.
Patent documents, US 20210169187 A1, US 20210025191 A1, US 20170351168 A1, US 20030081184 A1, US 3942869 A, disclose collapsible projection screen. 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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minh-Toan Ton can be reached on (571) 272 230303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Any response to this action should be mailed to:
Commissioner for Patents
P.O. Box 1450
Alexandria, Virginia 22313-1450
Or faxed to:
(571) 273-8300, (for formal communications intended for entry)
Or:
(571) 273-7490, (for informal or draft communications, please label “PROPOSED” or “DRAFT”)
Hand-delivered responses should be brought to:
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/BAO-LUAN Q LE/
Primary Examiner, Art Unit 2882