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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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,044,946. Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 1 is a broader recitations of claim 1 of U.S. Patent No. 12,044,946. Claims 2-9 are also included in the Table below.
U.S. Patent No. 12,044,946.
Instant Application:18/779,070
1. A mobile device, comprising an imaging assembly having a lens that directs light to an imaging sensor, and an electrokinetic device fitted as a dynamic lens cover and configured to allow electromagnetic radiation to pass through the lens of the imaging assembly when the dynamic lens cover is in a first operating state and to prevent electromagnetic radiation from reaching the lens of the imaging assembly, a compaction surrounding the imaging assembly for suspending pigment within a carrier fluid between the transparent first and second substrate when the dynamic lens cover is in a first operating state, and wherein the dynamic lens cover is configurable to operate in at least the first operating state or a second operating state.
1. (original) A mobile device, comprising an imaging assembly having a lens that directs light to an imaging sensor, and an electrokinetic device fitted as a dynamic lens cover and configured to allow electromagnetic radiation to pass through the lens of the imaging assembly when the dynamic lens cover is in a first operating state and to prevent electromagnetic radiation from reaching the lens of the imaging assembly when the dynamic lens cover is in a second operating state, the dynamic lens cover configurable to operate in at least the first operating state or the second operating state.
3. The mobile device of claim 1, wherein the mobile device is one of a laptop, a touchpad, a monitor, a webcam, or a camera.
2. (new) The mobile device of claim 1, wherein the mobile device is a mobile phone or one of a laptop, a touchpad, a monitor, a webcam, a camera, or any other electronic device with an imaging assembly.
4. The mobile device of claim 1, wherein the dynamic lens cover, when in the second operating state, is a same color as a case within which the mobile device is included.
3. (new) The mobile device of claim 1, wherein the dynamic lens cover, when in the second operating state, is a same color as a case within which the mobile device is included and is configurable to be matched to a color of a case within which the mobile device is included.
. The mobile device of claim 1, wherein the dynamic lens cover is configurable to operate in other operating states in addition to the first and second operating states.
4. (new) The mobile device of claim 1, wherein the dynamic lens cover is configurable to operate in other operating states in addition to the first and second operating states.
7. The mobile device of claim 1, wherein the electrokinetic device is configured to operate as a dynamic filter to filter out specific wavelengths of light.
5. (new) The mobile device of claim 1, wherein the electrokinetic device is configured to operate as a dynamic filter to filter our specific wavelengths of light.
8. The mobile device of claim 1, wherein the dynamic lens cover is configurable to operate in the first operating state whenever the imaging assembly is recording images, and to operate in the second operating state under all other circumstances.
6. (new) The mobile device of claim 1, wherein the dynamic lens cover is configurable to operate in the first operating state whenever the imaging assembly is recording images, and to operate in the second operating state under all other circumstances.
9. The mobile device of claim 1, wherein the dynamic lens cover is configurable to operate in the first operating state or the second operating state according to manual control via a user interface of the mobile device.
7. (new) The mobile device of claim 1, wherein the dynamic lens cover is configurable to operate in the first operating state or the second operating state according to manual control via a user interface of the mobile device.
10. The mobile device of claim 1, wherein the dynamic lens cover is operable to block 90% or more of visible light from reaching the lens of the imaging device when in the second operating state.
8. (new) The mobile device of claim 1, wherein the dynamic lens cover is operable to block 90% or more of visible light from reaching the lens of the imaging device when in the second operating state, and wherein the dynamic lens is operable to allow 85% or more of visible light to reach the lens of the imaging device when in the first operating state.
12. The mobile device of claim 1, wherein the dynamic lens cover is operable to switch from the first operating state to the second operating state within 100-1000 msec.
9. (new) The mobile device of claim 1, wherein the dynamic lens cover is operable to switch from the first operating state to the second operating state with 100-1000 msec, and to switch from the second operating state to the first operating state within 100-1000 msec, and wherein the dynamic lens cover is sized so as to be operable to block light for lens sizes between 0.01 to 10 mm diameter.
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Firka et al. (US 20190079334 A1; hereinafter Firka) in view of Miramontes (US 20070242948 A1).
As of Claim 1: Firka teaches a mobile device (¶0021 and see FIG. 1, electronic device 10), comprising an imaging assembly having a lens (FIG. 8 exhibit lens structure 58) that directs light to an imaging sensor (¶0024 and note that Input-output devices 12 may include optical components 18. Also, a visible light camera (visible light digital image sensor), an infrared light camera (infrared digital image sensor)), and an electrokinetic device fitted as a cover and configured to allow electromagnetic radiation (Electrodes 64 and 68 may be used to adjust the electric fields applied to liquid crystal layer 66 during operation of electrically adjustable shutter 8 to adjust the appearance of layer 66. Moreover, electrophoretic deices use charged pigment particles and it controls their position using electric field) to pass through the lens of the imaging assembly (¶0024 and note that Input-output devices 12 may include optical components 18. Also, a visible light camera (visible light digital image sensor), an infrared light camera (infrared digital image sensor))when the cover is in a first operating state and to prevent electromagnetic radiation from reaching the lens of the imaging assembly when the cover is in a second operating state (¶0038 and note that shutter 8 may be placed in a non-transparent state (e.g., an opaque state, a state with high haze, etc.). When it is desired to allow light to pass through shutter 8, shutter 8 may be placed in a different state such as a high transparency (clear) state), the dynamic lens cover configurable to operate in at least the first operating state or the second operating state (¶0026 and note that device 10 may have one or more electrically adjustable shutters such as electrically adjustable shutter 8. Shutter 8 may be adjusted to operate in different light transmission modes. For example, in different modes of operation, shutter 8 may exhibit different light transmission values (e.g., a high transmission value of at least 80% or at least 90% and a low transmission value of less than 40%, less than 20%, or less than 10%)).
Miramontes is a similar or analogous system to the claimed invention as evidenced Miramontes teaches lens cover is slid to expose the facing camera lens, the camera phone automatically turns ON and enters a pre-selected operating mode would have prompted a predictable variation of Firka by applying Miramontes’s known principal of a dynamic lens cover; when the dynamic lens cover is in a first operating state and to prevent electromagnetic radiation from reaching the lens of the imaging assembly when the dynamic lens cover is in a second operating state (¶¶0026-0028 and note that the active U-Cover on the present camera phone basically provides the user with two different "fast ON" buttons for the device. The second position allows fast initiation of a tele-conference, and the third position allows fast initiation of video recording. Also, the U-Cover 410 is housed within the body 405 of the device, and the cover slides just below the top 415 of the device. This interior design of the U-Cover allows for a sleeker, less bulky, exterior form of the electronics device. The U-Cover 410 is in the first position in FIG. 4(a). In the first position, both camera lenses are covered. If the user slides the U-Cover 410 toward the antenna 120, the camera lens facing the user will be exposed, and just as in the preferred embodiment the device will turn ON and enter a preset mode.)
In view of the motivations such as a sleeker, less bulky, exterior form of the electronics device one of ordinary skill in the art would have implemented the claimed variation of the prior art system of Firka.
Therefore, the claimed invention would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
As of Claim 2: Firka in view of Miramontes further teaches the mobile device is a mobile phone or one of a laptop, a touchpad, a monitor, a webcam, a camera, or any other electronic device with an imaging assembly (Firka ¶0039 and FIG. 6 shows how display 14 may be transparent and may be interposed between viewer 46 and shutter 8 (e.g., so that array of pixels 28 for display 14 is interposed between the display cover layer for display 14 such as layer 42 and shutter 8).
As of Claim 3: Firka in view of Miramontes further teaches the dynamic lens cover (¶0021 of Miramontes U-cover 110), when in the second operating state, is a same color as a case within which the mobile device is included and is configurable to be matched to a color of a case within which the mobile device is included (Firka ¶¶0033,0034 and note that other structures may overlap the openings to adjust the appearance of the optical component windows (e.g., to adjust the appearance of the optical component windows so that the optical component windows have appearances that match the surrounding opaque masking layer). Electrically adjustable shutters may be incorporated into windows 30. This allows windows 30 to be matched in appearance with surrounding housing structures or to have other desired appearances when it is not necessary to allow light to pass through window 30 and allows windows 30 to be rendered transparent during use of optical component 18 or other structures overlapped by windows 30.).
As of Claim 4: Firka in view of Miramontes further teaches the dynamic lens cover is configurable to operate in other operating states in addition to the first and second operating states (¶0021 of Miramontes and note that the U-cover 110 is able to temporarily lock in three different positions, in the first position both lenses are covered, in the second position only the "facing lens" is exposed, and in the third position only the "away lens" is exposed. A biased detent and three indents are preferably used to provide the locking ability of the U-cover.).
As of Claim 5: Firka in view of Miramontes further teaches the electrokinetic device is configured to operate as a dynamic filter to filter our specific wavelengths of light (Firka ¶0038 and note that shutter 8 may be placed in a different state such as a high transparency (clear) state. Shutter 8 may also be adjusted to serve as an optical filter (e.g., an adjustable spectral filter that exhibits one or more desired visible light and/or infrared light absorption spectra so that shutter 8 serves as a color filter, an infrared light-blocking filter, and/or other optical filters) or to serve as a reflective element (e.g., a full or partial mirror).).
As of Claim 6: Firka in view of Miramontes further teaches the dynamic lens cover is configurable to operate in the first operating state whenever the imaging assembly is recording images, and to operate in the second operating state under all other circumstances (¶0026 of Miramontes and note that the active U-Cover on the present camera phone basically provides the user with two different "fast ON" buttons for the device. The second position allows fast initiation of a tele-conference, and the third position allows fast initiation of video recording.).
As of Claim 7: Firka in view of Miramontes further teaches the dynamic lens cover is configurable to operate in the first operating state or the second operating state according to manual control via a user interface of the mobile device (Miramontes ¶0023 and note that the user can cause to turn ON and start shooting video simply by sliding the U-cover to the third position, and exposing the away camera lens 200.).
As of Claim 8: Firka in view of Miramontes further teaches the dynamic lens cover is operable to block 90% or more of visible light from reaching the lens of the imaging device when in the second operating state, and wherein the dynamic lens is operable to allow 85% or more of visible light to reach the lens of the imaging device when in the first operating state (Firka ¶0026 and note that in different modes of operation, shutter 8 may exhibit different light transmission values (e.g., a high transmission value of at least 80% or at least 90% and a low transmission value of less than 40%, less than 20%, or less than 10%), different colors (e.g., non-neutral colors such as blue, red, green, blue-black, etc.), different neutral colors (white, black, gray, etc.), different reflectivities (e.g., a low reflectivity of less than 40%, less than 20%, or less than 10% or a high reflectively of more than 60%, more than 80%, or more than 90%), different light absorption values (and/or different light absorption spectral shapes), different amounts of haze, and/or other properties that vary the appearance and/or light transmission, absorption, and/or reflection of shutter 8. Electrically adjustable shutter 8 may be formed from a liquid crystal device, an electrochromic device, a suspended particle device, an electrophoretic device, an electrowetting device, and/or other adjustable devices that exhibit adjustable optical properties such as haze, light reflection, light absorption, and/or light transmission.).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Firka et al. (US 20190079334 A1; hereinafter Firka) in view of Miramontes (US 20070242948 A1), and further in view of Herman (US 20200177872 A1; hereinafter Herman).
As of Claim 9: Herman is a similar or analogous system to the claimed invention as evidenced Herman further teaches computing device 115 can deploy camera cover 308 that would have prompted a predictable variation of Firka by applying Herman’s known principal of the dynamic lens cover is operable to switch from the first operating state to the second operating state with 100-1000 msec, and to switch from the second operating state to the first operating state within 100-1000 msec, and wherein the dynamic lens cover is sized so as to be operable to block light for lens sizes between 0.01 to 10 mm diameter. (¶¶0038,0052 and note that deploying camera cover 308 can take up to 500 milliseconds.)
In view of the motivations such as move the camera cover and the light to cover the lens window of the camera based on spectral analysis of image data thereby further improving reduce stray light from entering the modules one of ordinary skill in the art would have implemented the claimed variation of the prior art system of Firka.
Therefore, the claimed invention would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
As of Claims 10-18: Claims 10-18 are method claims for Claims 1-9 and are addressed above.
Claims 19&20 are rejected under 35 U.S.C. 103 as being unpatentable over Firka et al. (US 20190079334 A1; hereinafter Firka) in view of Miramontes (US 20070242948 A1), and further in view of Heimgartner (US 20140125849 A1; hereinafter Heimgartner).
As of Claim 19: Firka teaches a mobile device (¶¶0020,0021 and see FIG. 1, electronic device 10), comprising an imaging assembly having a lens that directs light to an imaging sensor (¶0024 and note that Input-output devices 12 may include optical components 18. Also, a visible light camera (visible light digital image sensor), an infrared light camera (infrared digital image sensor)), and an electrokinetic device fitted as a cover and configured to allow electromagnetic radiation (Electrodes 64 and 68 may be used to adjust the electric fields applied to liquid crystal layer 66 during operation of electrically adjustable shutter 8 to adjust the appearance of layer 66. Moreover, electrophoretic deices use charged pigment particles and it controls their position using electric field) to pass through the lens of the imaging assembly when the cover is in a first operating state and to prevent electromagnetic radiation from reaching the lens of the imaging assembly when the dynamic lens cover is in a second operating state (¶0038 and note that shutter 8 may be placed in a non-transparent state (e.g., an opaque state, a state with high haze, etc.). When it is desired to allow light to pass through shutter 8, shutter 8 may be placed in a different state such as a high transparency (clear) state), the cover configurable to operate in at least the first operating state or the second operating state (¶0026 and note that device 10 may have one or more electrically adjustable shutters such as electrically adjustable shutter 8. Shutter 8 may be adjusted to operate in different light transmission modes. For example, in different modes of operation, shutter 8 may exhibit different light transmission values (e.g., a high transmission value of at least 80% or at least 90% and a low transmission value of less than 40%, less than 20%, or less than 10%)), the electrokinetic device including transparent first and second substrates (¶0044 and note that FIG. 10, shutter 8 may have transparent upper substrate 86 and transparent lower substrate 74), and when the cover is in the first operating state, and pigment is dispersed within a carrier fluid between the first and second substrates in the second operating state (¶¶0021 and note that electronic device 10 has storages for supporting the operation of device 10 and ¶0033 discloses a partially transparent layer (e.g., a layer of polymer containing dye and/or pigment such as a layer of black ink) or other structures may overlap the openings to adjust the appearance of the optical component windows (e.g., to adjust the appearance of the optical component windows so that the optical component windows have appearances that match the surrounding opaque masking layer).
Miramontes is a similar or analogous system to the claimed invention as evidenced Miramontes teaches lens cover is slid to expose the facing camera lens, the camera phone automatically turns ON and enters a pre-selected operating mode would have prompted a predictable variation of Firka by applying Miramontes’s known principal of a dynamic lens cover; when the dynamic lens cover is in a first operating state and to prevent electromagnetic radiation from reaching the lens of the imaging assembly when the dynamic lens cover is in a second operating state (¶¶0026-0028 and note that the active U-Cover on the present camera phone basically provides the user with two different "fast ON" buttons for the device. The second position allows fast initiation of a tele-conference, and the third position allows fast initiation of video recording. Also, the U-Cover 410 is housed within the body 405 of the device, and the cover slides just below the top 415 of the device. This interior design of the U-Cover allows for a sleeker, less bulky, exterior form of the electronics device. The U-Cover 410 is in the first position in FIG. 4(a). In the first position, both camera lenses are covered. If the user slides the U-Cover 410 toward the antenna 120, the camera lens facing the user will be exposed, and just as in the preferred embodiment the device will turn ON and enter a preset mode.)
In view of the motivations such as a sleeker, less bulky, exterior form of the electronics device one of ordinary skill in the art would have implemented the claimed variation of the prior art system of Firka.
Therefore, the claimed invention would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Heimgartner is a similar or analogous system to the claimed invention as evidenced Heimgartner further teaches micro-machining the substrate to form respective holes below at least some of the lens systems or adding one or more layers below at least some of the lens systems so as to correct for variations in the focal lengths of the lens systems that would have prompted a predictable variation of Firka by applying Heimgartner’s known principal of a compaction trench surrounding the lens of the imaging assembly wherein the compaction trench stores pigment (¶¶0058,0059,0061 and note that as shown in FIG. 37, trenches 312 with a non-transparent material (e.g., epoxy with carbon black). The black (or another dark pigment) or an inorganic filler or a dye are stored.)
In view of the motivations such as to correct for variations in the focal lengths of the lens systems thereby further improving reduce stray light from entering the modules one of ordinary skill in the art would have implemented the claimed variation of the prior art system of Firka.
Therefore, the claimed invention would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
As of Claim 20: Firka in view of Miramontes in view of Heimgartner further teaches the compaction trench is shaped to match an outline of the image sensor (Heimgartner ¶¶0058 and note that the trenches 312 can extend to the upper surface of the FFL correction substrate 308. Trenches 312 can be formed, for example, by dicing, micromachining or laser cutting techniques. Using those techniques, it can be shaped to match the senor side 52 to match it).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEKONNEN D DAGNEW whose telephone number is (571)270-5092. The examiner can normally be reached on 8:00AM-5:00PM M-Th.
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/MEKONNEN D DAGNEW/Primary Examiner, Art Unit 2638