Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This Office action is in response to Applicant’s amendments/remarks received on January 20,2026.
3. Claims 21-30 are pending in this application.
4. Claims 1-20 have been canceled and new claims 21-30 are presented for examination.
Response to Arguments
5. Applicant's arguments filed January 20,2026 have been fully considered but they are deemed moot in view of a necessitated new grounds of rejection.
Double Patenting
6. 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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7. Claims 21-27 and 30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10,656,596 B2 in view of Blanche et al.(US 2014/0267284 A1)(hereinafter Blanche).
With regards to claims 21-27 and 30, U.S. Patent No. 10,656,596 B2 in claim 1 claimed a multi-view display screen system comprising: a TV display device for providing vision correction for multiple users without use of eyeglasses and for measuring room lighting where the users are located, the display device comprising a vision correction layer, and a holographic layer overlaid on said vision correction layer and in closer proximity to viewers of the display device than the vision correction layer; a camera aimed at viewers of said display device and coupled to a processor for conducting facial recognition of and detecting the identity of a first user and a second user, determining a first distance between said first identified user and the display device and a second distance between said second identified user and the display device, and determining a first angle of view for the first identified user and a second angle of view for the second identified user, wherein said processor associates the first identified user with a first preloaded eye prescription and said first distance and associates the second identified user with a second preloaded eye prescription and said second distance; a vision correction module for receiving a source video signal, replicating the source video signal into two or more source video signals, processing a first replicated source video signal and a second replicated source video signal in parallel, wherein said first replicated source video signal is processed through multiple iterations to generate a first corrected video signal based on said first distance, additional data corresponding to vision preferences of said first identified user, first preloaded eye prescription, and said measured lighting, wherein said second replicated source video signal is processed through multiple iterations to generate a second corrected video signal based on said second distance, additional data corresponding to vision preferences of said second identified user, second preloaded eye prescription, and said measured lighting, wherein said vision correction module outputs the first corrected video signal to the vision correction layer which generates a first corrected video at a time t1, and outputs the second corrected video signal to the vision correction layer which generates a second corrected video at a time t2; and a holographic module synchronized with the vision correction module and configured to modulate the holographic layer at said time t1 based on said first angle and said first user identity to allow the first user to view the first corrected video while at the same time generating an adjustable desired level of interference effect to be displayed at said second angle corresponding to the second user to block in an adjustable manner and to at least partially block the first corrected video from view by the second user, and modulate the holographic layer at said time t2 based on said second angle and said second user identity to allow the second user to view the second corrected video while at the same time generating an adjustable desired level of interference effect to be displayed at said first angle corresponding to the first user to block in an adjustable manner and to at least partially block the second corrected video from view by the first user.
U.S. Patent No. 10,656,596 B2 is silent to a distance measuring device for measuring the distance between the display device and at least a first and a second user.
However, the use of a device to measure the distance between the display and at least one of the users or viewers in a vision corrective display device was well known in the art at the time of the invention was filed as evident from the teaching of Blanche. More specifically, Blanche discloses in one or more embodiments, the processing circuitry 334 also includes an image corrector 348 for modifying, changing or replacing images expressed in a video signal 337 (e.g., to account for vision correction or other modification of visual attributes). The image corrector 348 is configured to receive or obtain visual parameters 352 associated with certain desired display characteristics for the vision corrective display 303. In one or more embodiments, the visual parameters 352 may comprise visual attributes for an image, a vision parameter for a viewer, a distance between the viewer and the vision corrective display 303, information used to determine a visual parameter, or any other parameter used for modifying, changing or replacing the video signal 337 (e.g., to provide a desired vision correction for a viewer). In one or more embodiments, the visual parameter 352 may be sensed by the vision corrective display 303, such as by using image and/or audio sensors to provide visual and/or audio recognition of a viewer to sense a viewer's location (e.g., distance, position, angle, etc.) with respect to the vision corrective display 303 or otherwise sense visual parameters of the viewer. The relative distance between the viewer and the vision corrective display 303 may be expressed in any units of distance that indicate how far away a viewer is from the vision corrective display 303. In one or more embodiments, the vision corrective display 303 may sense certain conditions in its surrounding environment (e.g., brightness, glare) and adjust one or more visual parameter 352 accordingly. In one or more embodiments, the visual parameter 352 may be provided together with the content contained in the video signal 337 [See Blanche: at least Figs. 5-13 and par. 45-50, 74-89, 97].
One of ordinary skill in the art has been motivated to combine the display screen system of U.S. Patent No. 10,656,596 B2 with Blanche’s processing circuity to measure the relative distance between the viewer and the vision corrective display because this combination has the benefit of providing distance information to properly correct visually the video to be displayed to a viewer.
8. Claims 21, 22, 23 and 30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3 and 6 of U.S. Patent No. 11,531,303 B2 in view of Blanche et al.(US 2014/0267284 A1)(hereinafter Blanche).
Regarding claim 21, U.S. Patent No. 11,531,303 B2 in claim 1 claimed a video display system for providing vision correction for multiple users in an environment without use of eyeglasses, the system comprising: a display device having a holographic layer and a vision correction layer, the display device measuring lighting in the environment; a camera; and a processor coupled to the display device and the camera, the processor configured to receive a first prescription corresponding to a first user and a second prescription corresponding to a second user, adjustably modulate the vision correction layer so that the first user at a first angle can view a non-distorted image, and adjustably modulate the vision correction layer so that the second user at a second angle can view the non-distorted image; wherein the processor is configured to adjustably modulate the holographic layer or the vision correction layer in to adjust for the measured lighting in the environment.
U.S. Patent No. 11,531,303 B2 is silent to a distance measuring device for measuring the distance between the display device and at least a first and a second user.
However, the use of a device to measure the distance between the display and at least one of the users or viewers in a vision corrective display device was well known in the art at the time of the invention was filed as evident from the teaching of Blanche. More specifically, Blanche discloses in one or more embodiments, the processing circuitry 334 also includes an image corrector 348 for modifying, changing or replacing images expressed in a video signal 337 (e.g., to account for vision correction or other modification of visual attributes). The image corrector 348 is configured to receive or obtain visual parameters 352 associated with certain desired display characteristics for the vision corrective display 303. In one or more embodiments, the visual parameters 352 may comprise visual attributes for an image, a vision parameter for a viewer, a distance between the viewer and the vision corrective display 303, information used to determine a visual parameter, or any other parameter used for modifying, changing or replacing the video signal 337 (e.g., to provide a desired vision correction for a viewer). In one or more embodiments, the visual parameter 352 may be sensed by the vision corrective display 303, such as by using image and/or audio sensors to provide visual and/or audio recognition of a viewer to sense a viewer's location (e.g., distance, position, angle, etc.) with respect to the vision corrective display 303 or otherwise sense visual parameters of the viewer. The relative distance between the viewer and the vision corrective display 303 may be expressed in any units of distance that indicate how far away a viewer is from the vision corrective display 303. In one or more embodiments, the vision corrective display 303 may sense certain conditions in its surrounding environment (e.g., brightness, glare) and adjust one or more visual parameter 352 accordingly. In one or more embodiments, the visual parameter 352 may be provided together with the content contained in the video signal 337 [See Blanche: at least Figs. 5-13 and par. 45-50, 74-89, 97].
One of ordinary skill in the art has been motivated to combine the video display system of U.S. Patent No. 11,531,303 B2 with Blanche’s processing circuity to measure the relative distance between the viewer and the vision corrective display because this combination has the benefit of providing distance information to properly correct visually the video to be displayed to a viewer.
Regarding claims 22 and 23, U.S. Patent No. 11,531,303 B2 and Blanche teach all of the limitations of claim 21, and are analyzed as previously discussed with respect to that claim. Further, U.S. Patent No. 11,531,303 B2 claimed in claim 6, wherein the camera is used by the processor to measure lighting in the environment, the first angle of the first user, and the second angle of the second user; and wherein the video display system further comprises: a holographic module operated by the processor, the holographic module configured to adjustably modulate the holographic layer to at least partially block the non-distorted image to the first user by generating an adjustable level of interference effect displayed in the direction of the first user while, at the same time, allowing a second user to view the non-distorted image, adjustably modulate the holographic layer to at least partially block the non-distorted image to the second user by generating an adjustable level of interference effect displayed in the direction of the second user while, at the same time, allowing the first user to view the non-distorted image, and adjustably modulate the holographic layer to adjust for the lighting in the environment.
Regarding claim 30, U.S. Patent No. 11,531,303 B2 and Blanche teach all of the limitations of claim 21, and are analyzed as previously discussed with respect to that claim. Further, U.S. Patent No. 11,531,303 B2 claimed in claim 3, further comprising a holographic module operated by the processor, the holographic module configured to adjustably modulate the holographic layer to at least partially block the non-distorted image to the first user by generating an adjustable level of interference effect displayed in the direction of the first user while, at the same time, allowing a second user to view the non-distorted image, and adjustably modulate the holographic layer to at least partially block the non-distorted image to the second user by generating an adjustable level of interference effect displayed in the direction of the second user while, at the same time, allowing the first user to view the non-distorted image.
9. Claims 21, 23, 24, 25, 26, 28 and 29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 12,085,893 B2 in view of Blanche et al.(US 2014/0267284 A1)(hereinafter Blanche).
Regarding claims 21, 23, 24, 25, 26, 28 and 29, U.S. Patent No. 12,085,893 B2 in claim 15 claimed a multi-view display screen comprising: a tablet or mobile device display device for providing vision correction for multiple users without use of eyeglasses and for measuring room lighting where the users are located, the display device comprising a vision correction layer, and a holographic layer overlaid on said vision correction layer and in closer proximity to the multiple users of the display device than the vision correction layer; a processor coupled to the tablet or mobile device display device; and a camera coupled to the processor and aimed at one or more users of the display device, wherein the processor is configured to conduct facial recognition of each of the multiple users and identify a first user and a second user of the multiple users, associate a first prescription as corresponding to the first user and a second prescription as corresponding to the second user, via a vision correction module, receive a source video signal, process a first corrected video signal adjusting for the first prescription and a second corrected video signal adjusting for the second prescription, and output the first corrected video signal at a first time and the second corrected video signal at a second time, and via a holographic module synchronized with the vision correction module, adjustably modulating the holographic layer at the first time and adjustably modulating the holographic layer at the second time, wherein the processor is further configured to adjust the holographic layer or a vision correction layer based on lighting in the environment.
U.S. Patent No. 12,085,893 B2 is silent to a distance measuring device for measuring the distance between the display device and at least a first and a second user.
However, the use of a device to measure the distance between the display and at least one of the users or viewers in a vision corrective display device was well known in the art at the time of the invention was filed as evident from the teaching of Blanche. More specifically, Blanche discloses in one or more embodiments, the processing circuitry 334 also includes an image corrector 348 for modifying, changing or replacing images expressed in a video signal 337 (e.g., to account for vision correction or other modification of visual attributes). The image corrector 348 is configured to receive or obtain visual parameters 352 associated with certain desired display characteristics for the vision corrective display 303. In one or more embodiments, the visual parameters 352 may comprise visual attributes for an image, a vision parameter for a viewer, a distance between the viewer and the vision corrective display 303, information used to determine a visual parameter, or any other parameter used for modifying, changing or replacing the video signal 337 (e.g., to provide a desired vision correction for a viewer). In one or more embodiments, the visual parameter 352 may be sensed by the vision corrective display 303, such as by using image and/or audio sensors to provide visual and/or audio recognition of a viewer to sense a viewer's location (e.g., distance, position, angle, etc.) with respect to the vision corrective display 303 or otherwise sense visual parameters of the viewer. The relative distance between the viewer and the vision corrective display 303 may be expressed in any units of distance that indicate how far away a viewer is from the vision corrective display 303. In one or more embodiments, the vision corrective display 303 may sense certain conditions in its surrounding environment (e.g., brightness, glare) and adjust one or more visual parameter 352 accordingly. In one or more embodiments, the visual parameter 352 may be provided together with the content contained in the video signal 337 [See Blanche: at least Figs. 5-13 and par. 45-50, 74-89, 97].
One of ordinary skill in the art has been motivated to combine the display screen of U.S. Patent No. 12,085,893 B2 with Blanche’s processing circuity to measure the relative distance between the viewer and the vision corrective display because this combination has the benefit of providing distance information to properly correct visually the video to be displayed to a viewer.
Conclusion
10. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA J PICON-FELICIANO whose telephone number is (571)272-5252. The examiner can normally be reached Monday-Friday 9:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Kelley can be reached at 571 272 7331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ana Picon-Feliciano/ Examiner, Art Unit 2482
/CHRISTOPHER S KELLEY/Supervisory Patent Examiner, Art Unit 2482
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