DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
It appears the applicant has merely filed a duplicated submission of the claims, specification, and abstract on 07/30/2024 and 07/31/2024. The submission filed 07/31/2024 was considered for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/31/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement 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.
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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,059,918 (PAT’918), and in view of YOSHIOKA (US 2019/0096294) and BRITTEN (US 9,651,215).
Regarding claim 1 of APP’511, see Table 1.
Claim 1 of APP’511
Claim 1 of PAT’918
Additional Comments
An electronic page illumination device comprising at least one binder; at least one battery disposed inside of said at least one binder; at least one page coupled to said at least one binder; wherein said at least one page comprises a bracket,
An illuminated display comprising a first frame section;
wherein the bracket comprises a first frame and a second frame,
Both APP’511 and PAT’918 discloses a first and second frame
a second frame section coupled to the first frame section;
said first frame and said second frame being coupled together;
a first page covering;
at least one translucent sheet,
The first page covering of APP’511 was considered to be the translucent sheet of PAT’918
a page comprising indicia for display disposed between the first frame section and the second frame section;
at least one page coupled to said at least one binder;
PAT’918 fails to disclose a page comprising indicia
a LED strip disposed inside of the first frame section and the second frame section, said LED strip surrounding the page comprising indicia, said LED strip having LED lights which are configured to shine into said first page covering
at least one light comprising an LED light strip disposed inside of the bracket, and adjacent to and on a peripheral side of said at least one translucent sheet, wherein said at least one translucent sheet is illuminated by said at least one light which is disposed inside of said bracket
Both APP’511 and PAT’918 discloses the LED strip inside the first and second frame section, and the LED strip having LED lights configured to shine into the first page covering. PAT’918 fails to disclose said LED strip surrounding the page comprising indicia,
Table 1
PAT’918 fails to disclose a page comprising indicia for display disposed between the first frame section and the second frame section; and said LED strip surrounding the page comprising indicia.
However, YOSHIOKA discloses a page (S, Fig.3; as seen in para[0060], the “page” was considered to be the display medium inserted into the gap S) for display disposed between a first frame section and a second frame section (as seen in Fig.3, the page inserted within the gap S is between the first and second frame 12, 22).
However, BRITTEN discloses a page (131, Fig.2) includes indicia (col.4, line 35), and a LED strip (127A-127D, Fig.2; col.4, lines 5-14) surrounding the page.
Therefore, in view of YOSHIOKA, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a page between a first and second frame as taught by YOSHIOKA to the page of PAT’918 in order to support the page within the first and second frame.
Therefore, in view of BRITTEN, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate indicia as taught by BRITTEN to the page of PAT’918 modified by YOSHIOKA in order to provide a graphic on the page.
Therefore, in view of BRITTEN, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a LED strip surrounding the page as taught by BRITTEN to the page of PAT’918 modified by YOSHIOKA in order to illuminate multiple sides of the page.
Regarding claim 2 of APP’511, PAT’918 modified by YOSHIOKA and BRITTEN as discussed above for claim 1 further discloses wherein said lights from said LED strip are orientated towards a center region on said page comprising indicia.
Regarding claim 3 of APP’511, claim 1 of PAT’918 further discloses wherein the first frame section has a bracket configured to clamp said page to said second frame section.
Regarding claim 4 of APP’511, claim 1 of PAT’918 further discloses wherein said first page covering is made from a translucent material.
Regarding claim 5 of APP’511, claim 1 of PAT’918 further discloses wherein said first page covering has a rim.
Claims 6-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,059,918 (PAT’918) modified by YOSHIOKA (US 2019/0096294) and BRITTEN (US 9,651,215), and in view of SAWADA (US 2009/0219734).
Regarding claim 6 of APP’511, claim 4 of PAT’918 further discloses at least one additional page covering, disposed behind said page comprising indicia, said additional page covering configured to be lit by said LED lights on said LED strips.
PAT’918 modified by YOSHIOKA and BRITTEN as discussed above for claim 1 further discloses said page comprising indicia.
PAT’918 modified by YOSHIOKA and BRITTEN as discussed above for claim 1 fails to disclose said additional page covering comprising a translucent material.
However, SAWADA discloses an additional page covering (22, Fig.5A) includes a translucent material (para[0045]).
Therefore, in view of SAWADA, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a translucent material as taught by SAWADA to the additional page covering of PAT’918 modified by YOSHIOKA and BRITTEN in order to typical material for the additional page covering for passing light.
Regarding claim 7 of APP’511, PAT’918 modified by YOSHIOKA and BRITTEN as discussed above for claim 6 fails to disclose wherein said additional page covering provides a backlit lighting to the page with indicia.
However, YOSHIOKA further discloses wherein said additional page covering (4, Fig.3) provides a backlit lighting to the page (S, Fig.3; as seen in Fig.3 of YOSHIOKA, when the page is inserted into the gap S, the additional page covering 4 backlights the page S).
Therefore, in view of YOSHIOKA, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the additional page covering provides a backlit lighting to the page as taught by YOSHIOKA to the additional page covering of PAT’918 modified by YOSHIOKA and BRITTEN in order to illuminate the page.
Regarding claim 8 of APP’511, claim 4 of PAT’918 further discloses wherein said page with indicia sits between said first page covering and said additional page covering.
PAT’918 modified by YOSHIOKA and BRITTEN as discussed above for claim 7 further discloses said page with indicia.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, lines 7-8 should be -- a LED strip disposed inside of the first frame section and the second frame section, said LED strip -- (add comma)
Appropriate correction is required.
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over YOSHIOKA (US 2019/0096294), and in view of BRITTEN (US 9,651,215).
Regarding claim 1, YOSHIOKA discloses an illuminated display comprising
a first frame section (11, Fig,3);
a second frame section (22, Fig.3) coupled to the first frame section;
a first page covering (5, Fig.3);
a page (S, Fig.3; as seen in para[0060], the “page” was considered to be the display medium inserted into the gap S) for display disposed between the first frame section and the second frame section (as seen in Fig.3, the page inserted within the gap S is between the first and second frame 12, 22, Fig.3);
a LED strip (31, 32, Fig.3) disposed inside of the first frame section and the second frame section, said LED strip having LED lights (32, Fig.3) which are configured to shine into said first page covering (as seen in Fig.3, the LED lights 32 shine light into the first page covering 5 via an one additional page covering 4).
YOSHIOKA fails to explicitly disclose a page comprising indicia, and said LED strip surrounding the page comprising indicia.
However, BRITTEN discloses a page (131, Fig.2) includes indicia (col.4, line 35), and a LED strip (127A-127D, Fig.2; col.4, lines 5-14) surrounding the page.
Therefore, in view of BRITTEN, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate indicia as taught by BRITTEN to the page of YOSHIOKA in order to provide a graphic on the page.
Therefore, in view of BRITTEN, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a LED strip surrounding the page as taught by BRITTEN to the page of YOSHIOKA in order to illuminate multiple sides of the page.
Regarding claim 2, YOSHIOKA modified by BRITTEN as discussed above for claim 1 further discloses wherein said lights from said LED strip (31, 32, Fig.3 of YOSHIOKA) are orientated towards a center region on said page (S, Fig.3 of YOSHIOKA) comprising indicia (BRITTEN).
Regarding claim 3, YOSHIOKA further discloses wherein the first frame section (11, Fig.3) has a bracket (12, Fig.3) configured to clamp said page (S, Fig.3) to said second frame section (22, Fig.3; as seen in Fig.3, when the page is inserted into the gap S, the bracket 12 of the first frame section 11 was considered to clamp down to the second frame section 22 such that the page S is generally clamped within the first and second frame section 11, 22).
Claims 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over YOSHIOKA (US 2019/0096294) modified by BRITTEN (US 9,651,215), and in view of SAWADA (US 2009/0219734).
Regarding claim 4, YOSHIOKA modified by BRITTEN fails to explicitly disclose wherein said first page covering is made from a translucent material.
However, SAWADA discloses a first page covering (24, Fig.5A) is made from a translucent material (para[0045]).
Therefore, in view of SAWADA, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a translucent material as taught by SAWADA to the first page covering of YOSHIOKA modified by BRITTEN in order to typical material for the first page covering for passing light.
Regarding claim 5, YOSHIOKA further discloses wherein said first page covering (5, Fig.3) has a rim.
Regarding claim 6, YOSHIOKA modified by BRITTEN as discussed above for claim 1 further discloses at least one additional page covering (4, Fig.3 of YOSHIOKA), disposed behind said page (S, Fig.3 of YOSHIOKA) comprising indicia (BRITTEN), said additional page covering configured to be lit by said LED lights on said LED strips (as seen in Fig.3 of YOSHIOKA, the additional page covering 4 is lit by the LED lights 32).
YOSHIOKA modified by BRITTEN fails to explicitly disclose said additional page covering comprising a translucent material.
However, SAWADA discloses an additional page covering (22, Fig.5A) includes a translucent material (para[0045]).
Therefore, in view of SAWADA, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a translucent material as taught by SAWADA to the additional page covering of YOSHIOKA modified by BRITTEN in order to typical material for the additional page covering for passing light.
Regarding claim 7, YOSHIOKA modified by BRITTEN and SAWADA as discussed above for claim 6 further discloses wherein said additional page covering (4, Fig.3 of YOSHIOKA) provides a backlit lighting to the page (S, Fig.3 of YOSHIOKA) with indicia (BRITTEN; as seen in Fig.3 of YOSHIOKA, when the page is inserted into the gap S, the additional page covering 4 backlights the page S).
Regarding claim 8, YOSHIOKA modified by BRITTEN and SAWADA as discussed above for claim 7 further discloses wherein said page (S, Fig.3 of YOSHIOKA) with indicia (BRITTEN) sits between said first page covering (5, Fig.3 of YOSHIOKA) and said additional page covering (4, Fig.3 of YOSHIOKA).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20070258245, US 20090019752, US 20150075042, US 20060291241, US 20080163529, US 20190272779, US 20060232953, US 20220122494, US 20150107142, US 20200200380, US 20050172532, US 20020133993, US 20180314001, US 5546687, and US 7942542 discloses frame sections, an indicia between the frame sections, and a LED strip illuminating the indicia
Conclusion
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/J.M.E/Examiner, Art Unit 2875
/ZHENG SONG/Primary Examiner, Art Unit 2875