Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
In the present case, there is no claim 45, the claims proceed directly from 44 to 46.
Misnumbered claims 46-47 have been renumbered to 45-46 in the rejection below.
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 22-23 and 33-34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 11 and 17 of U.S. Patent No. 8,760,499. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims correspond as follows:
Instant Application
8,760,499
22. A system for providing radiation, comprising: a first radiation source providing first radiation, the first radiation within a first range of the electromagnetic spectrum;
a processing component configured to identify a location of at least a first object that is one of a first class of objects, …. , the processing component comprising a processor and a sensor, wherein the processor is configured to initiate transmission of first waves of the first radiation into a first space that includes the first object, wherein the sensor provides first data indicative of an interaction between the transmitted first waves and the first object, wherein the processor is further configured to process at least the first data to determine a first location of the first object; and a second radiation source providing second radiation, wherein the processor is configured to use the determined first location to initiate transmission of second waves of the second radiation toward the first location.
the first class of objects comprising objects configured to derive electricity from second radiation within a second range of the electromagnetic spectrum
1. A system for remotely powering an electronic device, the system comprising: one or more sensors, the one or more sensors being configured to detect at least invisible light from a field of view; one or more projectors, the one or more projectors being configured to project at least invisible light into the field of view; and
one or more processors configured to control the one or more projectors to project at least one or more invisible light patterns into the field of view; analyze the invisible light detected by the one or more sensors in order to identify the location of an electronic device within the field of view; and
control the one or more projectors to project a beam of electromagnetic radiation toward the identified location in the field of view in order to power the electronic device by wirelessly transferring energy to the electronic device.
23. The system of claim 22, wherein the first data comprise depth-related data or three-dimensional-related data.
7. The system of claim 1, wherein the one or more processors are configured to analyze the invisible light in order to generate depth data used to identify the location of the electronic device in the field of view.
Claims 33-34 relate to claims 11 and 17 in a similar fashion.
Claims 22-23, 32, 33-34 and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-6, 14 and 18-19 of U.S. Patent No. 8,570,372. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims correspond as follows:
Instant Application
8,570,372
22. A system for providing radiation, comprising: a first radiation source providing first radiation, the first radiation within a first range of the electromagnetic spectrum;
a processing component configured to identify a location of at least a first object that is one of a first class of objects, …. , the processing component comprising a processor and a sensor, wherein the processor is configured to initiate transmission of first waves of the first radiation into a first space that includes the first object, wherein the sensor provides first data indicative of an interaction between the transmitted first waves and the first object, wherein the processor is further configured to process at least the first data to determine a first location of the first object; and a second radiation source providing second radiation, wherein the processor is configured to use the determined first location to initiate transmission of second waves of the second radiation toward the first location.
the first class of objects comprising objects configured to derive electricity from second radiation within a second range of the electromagnetic spectrum
1. . A device comprising: one or more cameras, the one or more cameras being configured to detect visible light and invisible light from one or more fields of view, and to create one or more visible light images and one or more invisible light images of the one or more fields of view; one or more projectors, the one or more projectors being configured to project at least invisible light into at least one of the one or more fields of view; and
one or more processors, the one or more processors being configured to control the one or more projectors to project one or more invisible light patterns into at least one of the one or more fields of view; analyze the one or more invisible light images detected by the one or more cameras in order to generate depth data indicative of the depth of at least one item in at least one of the one or more fields of view; combine the one or more visible light images and the depth data to create three-dimensional data of at least one of the one or more fields of view; identify an object in the one or more fields of view, wherein the object comprises an electronic device;
identify the location of the object using the three-dimensional data; and control the one or more projectors to project light into a subset of volumetric space in at least one of the one or more fields of view in order to power the electronic device by wirelessly transferring energy to the electronic device via a beam of light based upon the identified location.
23. The system of claim 22, wherein the first data comprise depth-related data or three-dimensional-related data.
1. …. analyze the one or more invisible light images detected by the one or more cameras in order to generate depth data indicative of the depth of at least one item in at least one of the one or more fields of view; combine the one or more visible light images and the depth data to create three-dimensional data of at least one of the one or more fields of view; identify an object in the one or more fields of view, wherein the object comprises an electronic device;
32. The system of claim 22, wherein the second range of the electromagnetic spectrum is the infrared spectrum or the RF spectrum.
5. The device of claim 4, wherein the invisible light comprises infrared light.
6. The device of claim 1, wherein the invisible light comprises terahertz, RF, or microwave light.
Claims 33-34 and 40 relate to claims 11 and 18-19 in a similar fashion.
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 (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 the appropriate paragraphs of pre-AIA 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 –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claim(s) 22-24, 27-29, 31-37, 39-42 and 45 are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Liu et al (9,106,106).
In regard to claim 22 Liu discloses a system for providing radiation, comprising:
a first radiation source providing first radiation, the first radiation within a first range of the electromagnetic spectrum (Liu Fig. 2 and col. 3 line 64 to col. 4 line 23 note one or more sensors 230 which may include an image capture component for detecting light or an antenna for detecting electromagnetic radiation, further note col. 4 lines 13-23 emitting wide band radiation to detect portable devices);
a processing component configured to identify a location of at least a first object that is one of a first class of objects (Liu col. 4 lines 24-35 note using time of flight information to determine the location of detected objects), the first class of objects comprising objects configured to derive electricity from second radiation within a second range of electromagnetic spectrum (Liu col. 3 lines 28-52 note various devices capable of receiving power over a wireless signal), the processing component comprising a processor and a sensor (Liu Fig. 2 and col. 3 line 53 to col. 4 line 13) note one or more sensors 230 and controller 220), wherein the processor is configured to initiate transmission of first waves of the first radiation onto a space that includes the first object (Liu col. 4 lines 5-13 note sensor may detect locations of objects based on a request by the controller), wherein the sensor provides first data indicative of an interaction between the transmitted first waves and the first object (Liu col. 4 lines 14-35 note detecting portable devices within range of emitted signals), wherein the processor is further configured to process at least the first data to determine a first location of the first object (Liu col. 4 lines 28-35 note using time of flight data to determine the location of detected objects); and
a second radiation source providing second radiation, wherein the processor is configured to use the determined first location to initiate transmission of the second waves of the second radiation towards the first location (Liu Fig. 2 and col. 4 line 59 to col. 5 line 30 note directional antenna 270 which transmits radiation towards the portable device 280).
In regard to claim 23 refer to the statements made in the rejection of claim 22 above. Liu further discloses that the first data comprise depth-related data or three-dimensional related data (Liu col. 4 lines 28-35 note location may be coordinates on a three dimensional map).
In regard to claim 24 refer to the statements made in the rejection of claim 22 above. Liu further discloses that the first object comprises a power supply, and wherein the first object is configured to charge the power supply using electricity derived from waves of second radiation (Liu col. 3 lines 40-52 note the antenna 290 of the portable device transfers received energy from a wireless signal into a portable power source, further note col. 5 lines 5-30 the portable device receives wireless energy from the second radiation of the directional antenna 270). .
In regard to claim 27 refer to the statements made in the rejection of claim 22 above. Liu further discloses a second scanner, wherein the processor is configured to use the determined first location to operate the second scanner to transmit waves of second radiation toward the first location (Liu col. 5 lines 5-30 note directional antenna 270 may reposition based on the detected location of the portable device 280).
In regard to claim 28 refer to the statements made in the rejection of claim 22 above. Liu further discloses that the processor comprises a processing and control unit that includes electronic circuitry and memory and is configured to execute software instructions (Liu Fig. 5 note the controller may include a memory and circuitry for executing software instructions).
In regard to claim 29 refer to the statements made in the rejection of claim 24 above. Liu further discloses a third radiation source providing third radiation, the third radiation within a third range of electromagnetic spectrum (Liu Fig. 2 and col. 4 lines 36-58 note communication component 235 which emits radio frequency or infrared radiation) wherein the processor is configured to modulate radiation from the third radiation source to encode a first signal into first coded waves of third radiation (Liu col. 4 lines 40-49 note radiation from the communication component is used to send or receive information and is hence coded with a signal, also note the use of Bluetooth which is a coded communication standard), and wherein the processor is configured to initiate wireless transmission of the first coded waves (Liu col. 4 lines 50-59 note pushing, pulling, or polling information from portable devices), and wherein the first class of objects comprises objects configured to perform a first operation in response to the first signal (Liu col. 4 lines 50-55 note portable device 280 communicating information to the communication component 235 in response to a polling request, further note col. 5 lines 46-65 for details of the information communicated from a portable device in response to a signal from the communication component).
In regard to claim 31 refer to the statements made in the rejection of claim 29 above. Liu further discloses that wherein the first coded waves are compatible with a wireless wide area network (Liu col. 4 lines 44-49 note communications component 235 may be a wireless network component and hence emit coded waves compatible with wireless networks).
In regard to claim 32 refer to the statements made in the rejection of claim 22 above. Liu further discloses that second range of the electromagnetic spectrum is the infrared spectrum or the RF spectrum (Liu col. 5 lines 5-18 note the wireless power signal may emit second radiation in the RF spectrum).
Claims 33-37 and 39-40 describe a method which correlates to the processes performed by the system of claims 22-24, 27-29 and 31-32. Refer to the statements made in regard to claims 22-24, 27-29 and 31-32 for the rejection of claims 33-37 and 39-40 which will not be repeated here for brevity. In particular regard to claim 33 note that Liu further discloses a scanner (Liu col. 4 lines 19-23 note moving the sensor direction in a horizontal, vertical or rotating pattern) and that the second and third radiation use the RF spectrum (Liu col. 4 lines 44-49 note third radiation may be a radio (RF) signal, further note col. 5 lines 13-18 note second radiation may be an RF signal).
Claims 41-42 and 45 relate to a system that substantially correlates to the system described in the rejection of claims 22-24, 27-29 and 31-32. Refer to the statements made in regard to claims 22-24, 27-29 and 31-32 for the rejection of claims 41-42 and 45 which will not be repeated here for brevity. In particular regard to claim 42 Liu further discloses that the second and third ranges of the second and third radiation may not be same (Liu 4 lines 44-49 note third radiation may be a radio (RF) signal, further note col. 5 lines 13-18 note second radiation may be an infrared signal)
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 25-26 and 43-44 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Liu in view of Tuominen (2003/80075670).
In regard to claims 25 and 43 refer to the statements made in the rejection of claims 22 and 41 above. Liu discloses scanning a direction of the first radiation and the second radiation (Liu col. 4 lines 19-23 note moving the sensor direction, also note col. 5 lines 5-30 moving the directional antenna). Liu further discloses use of any signal which may be wirelessly broadcast (Liu col. 4 lines 44-49 col. 5 lines 13-18). It is noted that Liu does not disclose details of a reflector. However, Tuominen discloses a wireless power transmission system using light including a scanner comprising a reflective surface which transmits first waves in a scanning pattern to detect objects to be wirelessly powered (Touminen Fig. 1 and par 17-20 note scanner 108 including a deflector for directing light from a second, low power, light source 104 in a scanning pattern in order to detect the receiver 120, also note par. 24 the deflector may be a mirror, and hence a reflector).
It is therefore considered obvious that one of ordinary skill in the art before the date of the invention would recognize the advantage of incorporating a light based scanner and wireless power transmission system as taught by Touminen in the invention of Liu in order to gain the advantage of wireless power transfer at high efficiency as suggested by Touminen (Touminen par. 9).
In regard to claims 26 and 44 refer to the statements made in the rejection of claims 25 and 43 above. Touminen further disclose using the first location to operate the first scanner to transmit waves of second radiation toward the first location (Touminen pars 19-20 note locating the second photo detector 124 using the second light source 104 and using the scanner to direct light form the first light source 102 onto the corresponding first photo detector 122 to provide wireless power to the receiving device 120).
Claims 30, 38 and 46 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Liu in view of Moshfeghi (2011/0156640).
In regard to claims 30, 38 and 27 refer to the statements made in the rejection of claims 29, 37 and 46. Liu discloses a communication channel between a wireless power provider and a wireless power receiver where the provider may indicate an operation to be performed (Liu Fig. 2 and col. 4 lines 36-58 note communication component 235 note polling portable device 280 to obtain power transmission information from the device). It is noted that Liu does not explicitly disclose that the operation performed in response to the signal is an operation is to turn on or turn off. However, Moshfeghi discloses a system for providing wireless power wherein a power provider and a power receiver include a communication channel, and the power provider may instruct the receiver to perform the operation of turning on or off (Moshfeghi Fig. 4 and par. 102 note providing control information to turn the receiving device on or off).
It is therefore considered obvious that one of ordinary skill in the art before the date of the invention would recognize the advantage of including, in the communications of Liu, commands to operate the receiving device to turn on or off as taught by Moshfeghi in order to terminate a charging process when a battery of the receiver is full as suggested by Moshfeghi (Moshfeghi pars 135-136 note turning off a receiver when the battery of the receiver is sufficiently charged).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20050117215 A1 Lange, Eric Belk
US 20090108805 A1 Liu; Xun et al.
US 20100084918 A1 Fells; Julian Andrew John et al.
US 20100188041 A1 Mizuo; Yoshihiro
US 20100290215 A1 Metcalf; Keith E. et al.
US 20100320362 A1 Alpert; Ortal et al.
US 20100327766 A1 Recker; Michael V. et al.
US 20120153739 A1 COOPER; Emily B. et al.
US 20120212070 A1 TANABE A
US 5913727 A Ahdoot; Ned
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/JEREMIAH C HALLENBECK-HUBER/Primary Examiner, Art Unit 2481