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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Claims 1-20 are rejected on the ground of nonstatutory double patenting as
being unpatentable over claims 1-25 of U.S. Patent No. 12,101,118 (Haas et al). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations recited in claims 1-20 of the instant application are encompassed by claims 1-25 of US Patent No. 12,101,118 (Haas et al).
Instant Application No. 18/800,547 (Claims 1 and 20)
US Patent No. 12,101,118 (Claim 1)
An optical wireless communication (OWC) system comprising:
an access point (AP) comprising a plurality of OWC AP transmitters and a plurality of OWC AP receivers;
An optical wireless communication (OWC) system comprising:
a first apparatus comprising a plurality of OWC first apparatus transmitters and a plurality of OWC first apparatus receivers (i.e., see Claim 1 of US Patent No. 12,101,118);
a station (STA) comprising at least one retroreflector; and
a second apparatus comprising at least one reflector (i.e., see Claim 1 of US Patent No. 12,101,118); and
a controller configured to control at least one of the OWC AP transmitters or the OWC AP receivers;
a controller configured to control at least one of the OWC first apparatus transmitters or the OWC first apparatus receivers (i.e., see Claim 1 of US Patent No. 12,101,118);
wherein the controller is configured to process data representative of at least one
OWC signal that is received by at least one of the OWC AP receivers after having been transmitted by at least one of the OWC AP transmitters and reflected by the at least one
retroreflector; and
wherein the controller is configured to process data representative of at least one
OWC signal that is received by at least one of the OWC first apparatus receivers after having been transmitted by at least one of the OWC first apparatus transmitters and reflected by the at least one reflector (i.e., see Claim 1 of US Patent No. 12,101,118); and
the controller is configured to at least one of activate or deactivate at least one of the OWC AP transmitters or the OWC AP receivers based on the processing of the data that is
representative of the received at least one OWC signal.
the controller is configured to at least one of activate or deactivate at least one of the OWC first apparatus transmitters or the OWC first apparatus receivers based on the processing of the data that is
representative of the received at least one OWC signal (i.e., see Claim 1 of US Patent No. 12,101,118).
Regarding claim 2, as similarity described above, Haas et al discloses wherein the plurality of OWC AP transmitters and the plurality of OWC AP receivers are spatially distributed on the AP as a plurality of units, each unit comprising at least one OWC AP transmitter and at least one associated OWC AP
Receiver (i.e., see Claim 2 of US Patent No. 12,101,118).
Regarding claim 3, as similarity described above, Haas et al discloses further comprising at least one passive reflector apparatus, wherein the AP is configured to transmit signals to the STA via a first, direct transmission path using a first one or more of the OWC AP transmitters; and the AP is further configured to transmit signals to the STA via a second, indirect transmission path in which the signal is reflected by the passive reflector apparatus to the STA, wherein the AP is configured to transmit the signals via the second transmission path using a second, different one or more of the OWC AP transmitters (i.e., see Claim 3 of US Patent No. 12,101,118).
Regarding claim 4, as similarity described above, Haas et al discloses wherein the passive reflector apparatus is created or mounted on a wall or ceiling, the passive reflector apparatus comprising at least one of a mirror or a region of reflective paint (i.e., see Claim 4 of US Patent No. 12,101,118).
Regarding claim 5, as similarity described above, Haas et al discloses wherein: the controller is configured to selectively activate the plurality of OWC AP transmitters to provide at least one of a first mode of operation or a second mode of operation; the first mode of operation comprising a spatial multiplexing mode in which different signals are sent substantially simultaneously using different ones of the OWC AP transmitters; and the second mode of operation comprising a diversity gain mode in which the same signal is sent using multiple ones of the OWC AP transmitters (i.e., see Claim 1 of US Patent No. 12,101,118).
Regarding claim 6, as similarity described above, Haas et al discloses wherein: the controller is configured to control the AP to transmit signals to the STA using successive ones of the plurality of OWC AP transmitters; at least one of the activating or the deactivating of the at least one of the OWC AP transmitters is based on the processing of data that is representative of reflected signals that
were transmitted from successive ones of the plurality of OWC AP transmitters; and the processing of the data comprises comparing reflected signals that were
transmitted by different ones of the plurality of OWC AP transmitters (i.e., see Claim 6 of US Patent No. 12,101,118).
Regarding claim 7, as similarity described above, Haas et al discloses wherein the STA further comprises at least one STA transmitter configured to transmit uplink OWC signals to the AP and at least one STA receiver configured to receive the at least one OWC signal from the AP (i.e., see Claim 7 of US Patent No. 12,101,118).
Regarding claim 8, as similarity described above, Haas et al discloses wherein the STA further comprises a combiner configured to combine signals received via the first transmission path with signals received via the second transmission path (i.e., see Claim 5 of US Patent No. 12,101,118).
Regarding claim 9, as similarity described above, Haas et al discloses
wherein the OWC AP receivers comprise a first type of OWC receiver configured to receive signals transmitted by the OWC AP transmitters and reflected by the STA, wherein the signals transmitted by the OWC AP transmitters are transmitted over a first channel having a first wavelength; and a second, different type of
OWC receiver configured to receive uplink signals transmitted by the STA, wherein the uplink signals are transmitted over a second channel having a second wavelength (i.e., see Claim 8 of US Patent No. 12,101,118).
Regarding claim 10, as similarity described above, Haas et al discloses
wherein the OWC AP receivers are each configured to receive signals transmitted by the OWC AP transmitters and reflected by the STA, wherein the signals transmitted by the OWC AP transmitters are transmitted over a first channel having a first wavelength, and to receive uplink signals transmitted by the STA,
wherein the uplink signals are transmitted over a second channel having a second
wavelength (i.e., see Claim 9 of US Patent No. 12,101,118).
Regarding claim 11, as similarity described above, Haas et al discloses
wherein the plurality of OWC AP transmitters comprises a first type of OWC transmitters arranged in a first region of the AP, and a second, different type of OWC transmitters arranged in a second region of the AP, wherein the first type of OWC transmitters has a larger field of view than the second type of OWC
transmitters (i.e., see Claim 10 of US Patent No. 12,101,118).
Regarding claim 12, as similarity described above, Haas et al discloses
wherein at least one of the activating or the deactivating of the at least one of the OWC AP transmitters is in dependence on at least one characteristic of the reflected signal, the at least one characteristic comprising at least one of:
power, signal strength, or RSSI (received signal strength indicator) (i.e., see Claim 11 of US Patent No. 12,101,118).
Regarding claim 13, as similarity described above, Haas et al discloses
wherein the at least one retroreflector is configured to convert signals from a first wavelength to a second wavelength on reflection (i.e., see Claim 12 of US Patent No. 12,101,118).
Regarding claim 14, as similarity described above, Haas et al discloses
wherein the STA comprises an encoding apparatus configured to encode identity information on signals reflected by the at least one retroreflector (i.e., see Claim 13 of US Patent No. 12,101,118).
Regarding claim 15, as similarity described above, Haas et al discloses
further comprising at least one secondary AP, wherein the at least one secondary AP forms part of a mesh OWC network for transmission of data between devices using a mesh channel, the mesh channel having a third wavelength (i.e., see Claim 14 of US Patent No. 12,101,118).
Regarding claim 16, as similarity described above, Haas et al discloses
wherein a field of view of each of the OWC AP transmitters is less than 4°, optionally less than 2° (i.e., see Claim 15 of US Patent No. 12,101,118).
Regarding claim 17, as similarity described above, Haas et al discloses
wherein the AP comprises or forms part of a control unit for an artificial reality, mixed reality or augmented reality system; the STA comprises or forms part of a mobile device for use in an artificial reality, mixed reality or augmented reality system; and the AP is configured to deliver artificial reality, mixed reality
or augmented reality content to the STA (i.e., see Claim 16 of US Patent No. 12,101,118).
Regarding claim 18, as similarity described above, Haas et al discloses
wherein the mobile device is a head-mounted display (i.e., see Claim 17 of US Patent No. 12,101,118).
Instant Application No. 18/800,547 (Claim 19)
US Patent No. 12,101,118 (Claim 21)
An access point (AP) comprising:
a plurality of OWC AP transmitters;
An apparatus comprising:
a plurality of OWC transmitters (i.e., see Claim 21 of US Patent No. 12,101,118);
a plurality of OWC AP receivers; and
a plurality of OWC receivers (i.e., see Claim 21 of US Patent No. 12,101,118); and
a controller configured to control at least one of the OWC AP transmitters or the OWC AP receivers;
a controller configured to control at least one of the OWC transmitters or the OWC receivers (i.e., see Claim 21 of US Patent No. 12,101,118);
wherein the controller is configured to process data representative of at least one
OWC signal that is received by at least one of the OWC AP receivers after having been transmitted by at least one of the OWC AP transmitters and reflected by at least one reflector
external to the AP; and
wherein the controller is configured to process data representative of at least one OWC signal that is received by at least one of the OWC receivers after having been transmitted by at least one of the OWC transmitters and reflected by at least one reflector external to the apparatus (i.e., see Claim 21 of US Patent No. 12,101,118); and
the controller is configured to at least one of activate or deactivate at least one of the OWC AP transmitters or the OWC AP receivers based on the processing of the data that is
representative of the received at least one OWC signal.
the controller is configured to at least one of activate or deactivate at least one of the OWC transmitters or the OWC receivers based on the processing of the data that is
representative of the received at least one OWC signal (i.e., see Claim 21 of US Patent No. 12,101,118).
Claim Rejections - 35 USC § 102
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.
5. Claims 1, 2, 7, 11 and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being
anticipated by Green et al (Pub. No.: US 2001/0043381 cited by applicant).
Regarding claims 1, 19 and 20, referring to Figure 19, Green et al
teaches an optical wireless communication (OWC) system comprising:
an access point (AP) (i.e., local distribution node 43, Fig. 19)
comprising a plurality of OWC AP transmitters and a plurality of OWC AP
receivers (i.e., emitter and detector array and lens system 51, Fig. 19);
a station (STA)(i.e., station 47, Fig. 19) comprising at least one
retroreflector (i.e., retroreflector and modem unit 141, Fig. 19); and
a controller (i.e., communications control unit 49, Fig. 19)
configured to control at least one of the OWC AP transmitters or the OWC AP
receivers;
wherein the controller (i.e., communications control unit 49, Fig.
19) is configured to process data representative of at least one OWC signal that is
received by at least one of the OWC AP receivers after having been transmitted
by at least one of the OWC AP transmitters and reflected by the at least one
retroreflector, and
the controller (i.e., communications control unit 49, Fig. 19) is configured to at least one of activate or deactivate at least one of the OWC AP transmitters or the OWC AP receivers based on the processing of the data that is representative of the received at least one OWC signal (i.e., Fig. 19, page 6, paragraphs [0060]-[0063]).
Regarding claim 2, Green et al further teaches wherein the plurality of OWC
AP transmitters and the plurality of OWC AP receivers (i.e., emitter and detector
array and lens system 51, Figs. 1, 5, 7, 9, 13 and 19) are spatially distributed on
the AP as a plurality of units, each unit comprising at least one OWC AP
transmitter and at least one associated OWC AP receiver.
Regarding claim 7, Green et al further teaches wherein the STA (i.e.,
station 47, Fig. 19) further comprises at least one STA transmitter configured to
transmit uplink OWC signals to the AP and at least one STA receiver configured to
receive the at least one OWC signal from the AP.
Regarding claim 11, Green et al further teaches wherein the
plurality of OWC AP transmitters (i.e., emitter and detector array and lens system
51, Figs. 1, 5, 7, 9, 13 and 19) comprises a first type of OWC transmitters arranged
in a first region of the AP, and a second, different type of OWC transmitters
arranged in a second region of the AP, wherein the first type of OWC transmitters
has a larger field of view than the second type of OWC transmitters.
Regarding claim 13, Green et al further teaches wherein the at least one
retroreflector is configured to convert signals from a first wavelength to a second
wavelength on reflection (i.e., retroreflector and modem unit 141, Fig. 19).
Regarding claim 14, Green et al further teaches wherein the STA
comprises an encoding apparatus configured to encode identity information on
signals reflected by the at least one retroreflector (i.e., retroreflector and modem
unit 141, Fig. 19).
Regarding claim 15, Green et al teaches further comprising at least one
secondary AP one or more secondary APs, wherein the at least one secondary AP
forms part of a mesh OWC network for transmission of data between devices
using a mesh channel, the mesh channel having a third wavelength (i.e., Figs. 1, 5,
7, 9 and 19).
Regarding claim 16, Green et al further teaches wherein a field of view of
each of the OWC AP transmitters is less than 4°, optionally less than 2° (i.e., Figs.
1, 5, 7, 9 and 19).
Regarding claim 17, Green et al further teaches wherein the AP
comprises or forms part of a control unit for an artificial reality, mixed reality or
augmented reality system; the STA comprises or forms part of a mobile device for
use in an artificial reality, mixed reality or augmented reality system; and the AP is
configured to deliver artificial reality, mixed reality or augmented reality content
to the STA (i.e., Figs. 1, 5, 7, 9 and 19).
Regarding claim 18, Green et al further teaches wherein the
mobile device is a head-mounted display (i.e., Figs. 1, 5, 7, 9 and 19).
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 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable
over Green et al (Pub. No.: US 2001/0043381 cited by applicant) in view of Keller et al (US Patent No. 7,035,546 cited by applicant).
Regarding claims 9 and 10, Green et al differs from claims 9 and
10 in that he fails to specifically teach the OWC AP receivers comprise a first
type of OWC receiver configured to receive signals transmitted by the OWC AP
transmitters and reflected by the STA, wherein the signals transmitted by the
OWC AP transmitters are transmitted over a first channel having a first
wavelength, and a second, different type of OWC receiver configured to
receive uplink signals transmitted by the STA, wherein the uplink signals are
transmitted over a second channel having a second wavelength. However,
Keller et al in US Patent No. 7,035,546 teaches the OWC AP receivers comprise
a first type of OWC receiver (i.e., receiver 18, Fig. 2) configured to receive
signals transmitted by the OWC AP transmitters and reflected by the STA,
wherein the signals transmitted by the OWC AP transmitters are transmitted
over a first channel having a first wavelength, and a second, different type of
OWC receiver (i.e., receiver 15, Fig. 2) configured to receive uplink signals
transmitted by the STA, wherein the uplink signals are transmitted over a
second channel having a second wavelength (i.e., Figures 2 and 4, col. 1, lines
36-67, col. 2, lines 1-31, and col. 5, lines 27-33). Based on this teaching, it
would have been obvious to one having skill in the art at the time the
invention was made to incorporate the OWC AP receivers comprise a first type
of OWC receiver configured to receive signals transmitted by the OWC AP
transmitters and reflected by the STA, wherein the signals transmitted by the
OWC AP transmitters are transmitted over a first channel having a first
wavelength, and a second, different type of OWC receiver configured to
receive uplink signals transmitted by the STA, wherein the uplink signals are
transmitted over a second channel having a second wavelength as taught by
Keller et al in the system of Green et al. One of ordinary skill in the art would
have been motivated to do this since allowing reducing the interference
between the signals and improving the performance of the system.
8. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Green
et al (Pub. No.: US 2001/0043381 cited by applicant) in view of Lang et al (US Patent No. 3,566,126 cited by applicant).
Regarding claim 12, Green et al differs from claim 12 in that
he fails to specifically teach at least one of the activating or the deactivating of
the at least one of the OWC AP transmitters is in dependence on at least one
characteristic of the reflected signal, the at least one characteristic comprising at
least one of: power, signal strength, or RSSI (received signal strength indicator).
However, Lang et al in US Patent No. 3,566,126 teaches at least one of the
activating or the deactivating of the at least one of the OWC AP transmitters is in
dependence on at least one characteristic of the reflected signal, the at least one
characteristic comprising at least one of: power, signal strength, or RSSI (received
signal strength indicator)( (i.e., Figures 1 and 2, col. 2, lines 4-67, and col. 3, lines 1-70). Based on this teaching, it would have been obvious to one having skill in the art at the time the invention was made to incorporate the at least one of the
activating or the deactivating of the at least one of the OWC AP transmitters is in
dependence on at least one characteristic of the reflected signal, the at least one
characteristic comprising at least one of: power, signal strength, or RSSI (received
signal strength indicator) as taught by Lang et al in the system of Green et al. One
of ordinary skill in the art would have been motivated to do this since allowing
reducing the error signals and improving the performance of the system.
Allowable Subject Matter
9. Claims 3-6 and 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 and overcome the double patenting above.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
Shimada et al (US Patent No. 8,160,454) discloses method and apparatus
for visible light communication using single light source.
10. Any inquiry concerning this communication or earlier communications from
the examiner should be directed to Hanh Phan whose telephone number is (571)272-3035. If attempts to reach the examiner by telephone are
unsuccessful, the examiner's supervisor, Kenneth Vanderpuye, can be
reached on (571)272-3078. The fax phone number for the organization
where this application or proceeding is assigned is (571)273-8300. Any
inquiry of a general nature or relating to the status of this application or
proceeding should be directed to the receptionist whose telephone number
is (703)305-4700.
/HANH PHAN/Primary Examiner, Art Unit 2634
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