DETAILED ACTION
Notice of 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, 3 – 6, 9 – 11, and 19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 2, 11 – 12, and 16 – 19 (see claim correspondence below) of copending Application No. 19/004,408 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 1 of copending application 19/004,408 anticipates Claim 1 of the instant application. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding Claim 1 of the instant application, Claim 1 of 19/004,408 discloses “A wearable display device” (Line 1 of Claim 1 of 19/004,408), “which detects a pulse wave signal of a user” (Lines 11 – 12 of Claim 1 of 19/004,408), “the wearable display device comprising: a housing formed in a ring shape or a cylindrical shape” (Lines 1 – 2 of Claim 1 of 19/004,408), “a display panel which is disposed inside the housing in a ring shape or a cylindrical shape” (Lines 3 – 4 of Claim 1 of 19/004,408), “detects a first light-sensing signal by emitting light in a first direction and receiving light in a first opposite direction opposite to the first direction” (Lines 4 – 7 of Claim 1 of 19/004,408), “and detects a second light-sensing signal by emitting in a second direction and receiving light in a second opposite direction opposite to the second direction” (Lines 7 – 10 of Claim 1 of 19/004,408), “and a main driver circuit which detects the pulse wave signal of the user using the first light-sensing signal, measures biometric information of the user, and senses movement of a touch by a part of a body of the user using the second light-sensing signal” (Lines 11 – 15 of 19/004,408).
Regarding Claim 3 of the instant application, Claim 2 of 19/004,408 discloses everything claimed as applied above with regard to instant Claim 1. In addition, Claim 2 of 19/004,408 discloses “wherein the display panel comprises: a biological signal detection area where at least one first light-emitting pixel that emits light in the first direction and at least one first light-sensing pixel that generates the first light-sensing signal based on an amount of light reflected from the part of the body of the user in the first opposite direction are disposed” (Lines 3 – 9 of Claim 2 of 19/004,408), “and a touch detection area where a second light-emitting pixel that emits light in the second direction and a second light-sensing pixel that generates the second light-sensing signal based on an amount of light reflected from the part of the body of the user in the second opposite direction are disposed” (Lines 10 – 16 of Claim 2 of 19/004,408).
Regarding Claim 4 of the instant application, Claim 11 of 19/004,408 discloses everything claimed as applied above with regard to instant Claim 3. In addition, Claim 11 of 19/004,408 discloses “wherein the at least one first light-sensing pixel disposed in the biological signal detection area comprises: a light-sensing unit that outputs a light-sensing current proportional to an amount of incident light in the first opposite direction; and a sensing driver unit that provides the first light-sensing signal corresponding to an amount of the light-sensing current from the light-sensing unit to the main driver circuit, wherein the light-sensing unit comprises a light-sensing element for generating and outputting the light-sensing current proportional to the amount of received light, and wherein the light-sensing element generates the light-sensing current by sensing the incident light in the first opposite direction toward an inside of the display panel in a cylindrical shape” (Lines 2 – 15 of Claim 11 of 19/004,408).
Regarding Claim 5 of the instant application, Claim 12 of 19/004,408 discloses everything claimed as applied above with regard to instant Claim 4. In addition, Claim 12 of 19/004,408 discloses “wherein the at least one first light-emitting pixel disposed in the biological signal detection area comprises a light-emitting unit that emits light in a green wavelength range; and a pixel driver unit that applies a driving current to a light-emitting element of the light-emitting unit, wherein the light-emitting unit is formed in a circular or polygonal shape when viewed from top and emits light in the first direction” (Lines 2 – 10 of Claim 12 of 19/004,408).
Regarding Claim 6 of the instant application, Claim 12 of 19/004,408 discloses everything claimed as applied above with regard to instant Claim 5. In addition, Claim 13 of 19/004,408 discloses “wherein the light-sensing element is formed in a circular or polygonal shape when viewed from the top and is surrounded by the light-emitting unit, and wherein the light-emitting unit is formed in a circular or polygonal shape when viewed from the top and surrounds the light-sensing element” (Lines 1 - 5 of Claim 13 of 19/004,408).
Regarding Claim 9 of the instant application, Claim 16 of 19/004,408 discloses everything claimed as applied above with regard to instant Claim 3. In addition, Claim 16 of 19/004,408 discloses “wherein the touch detection area comprises a light exit area where first unit pixels each comprising a plurality of subsidiary light-emitting pixels and at least one light- sensing pixel are arranged, wherein the plurality of subsidiary light-emitting pixels in each of the first unit pixels emits light in the second direction toward an outside of the display panel in a cylindrical shape, and wherein the at least one light-sensing pixel detects an amount of light reflected from the part of the body of the user in the second opposite direction and generates the second light-sensing signal based on the detected amount of the light” (Lines 2 - 13 of Claim 16 of 19/004,408).
Regarding Claim 10 of the instant application, Claim 17 of 19/004,408 discloses everything claimed as applied above with regard to instant Claim 16. In addition, Claim 17 of 19/004,408 discloses “wherein the light exit area of the touch detection area further comprises a second unit pixel comprising a plurality of subsidiary light-emitting pixels and one infrared light- emitting pixel” (Lines 2 – 5 of Claim 17 of 19/004,408).
Regarding Claim 11 of the instant application, Claim 18 of 19/004,408 discloses “A wearable display device” (Line 1 of Claim 18 of 19/004,408), “which detects a pulse wave signal of a user” (Lines 11 – 12 of Claim 18 of 19/004,408), “the wearable display device comprising: a housing formed in a ring shape or a cylindrical shape” (Lines 1 – 2 of Claim 18 of 19/004,408), “a display panel which is disposed inside the housing in a ring shape or a cylindrical shape” (Lines 3 – 4 of Claim 18 of 19/004,408), “detects a first light-sensing signal by emitting light in a first direction and receiving light in a first opposite direction opposite to the first direction” (Lines 4 – 7 of Claim 18 of 19/004,408), “and detects a second light-sensing signal by emitting in a second direction and receiving light in a second opposite direction opposite to the second direction” (Lines 7 – 10 of Claim 18 of 19/004,408), “and a main driver circuit which detects the pulse wave signal of the user using the first light-sensing signal, measures biometric information of the user, and senses movement of a touch by a part of a body of the user using the second light-sensing signal” (Lines 11 – 15 of Claim 18 of 19/004,408), “a circuit board on which a main driver circuit is disposed and which is electrically connected to the display panel” (Lines 20 – 22 of Claim 18 of 19/004,408), “a sensing circuit disposed on the housing or the circuit board to sense a movement direction of the user and a pressure applied by the user” (Lines 23 – 25 of Claim 18 of 19/004,408), “and a memory which stores and sends the pulse wave signal of the user and the biometric information of the user” (Lines 26 – 27 of Claim 18 of 19/004,408).
Regarding Claim 19 of the instant application, Claim 19 of 19/004,408 discloses “An electronic device including a wearable display device” (Line 1 - 2 of Claim 19 of 19/004,408), “which detects a pulse wave signal of a user” (Lines 13 - 14 of Claim 19 of 19/004,408), “the wearable display device comprising: a housing formed in a ring shape or a cylindrical shape” (Lines 3 - 4 of Claim 19 of 19/004,408), “a display panel which is disposed inside the housing in a ring shape or a cylindrical shape” (Lines 5 - 6 of Claim 19 of 19/004,408), “detects a first light-sensing signal by emitting light in a first direction and receiving light in a first opposite direction opposite to the first direction” (Lines 6 - 9 of Claim 19 of 19/004,408), “and detects a second light-sensing signal by emitting in a second direction and receiving light in a second opposite direction opposite to the second direction” (Lines 9 - 12 of Claim 19 of 19/004,408), “and a main driver circuit which detects the pulse wave signal of the user using the first light-sensing signal, measures biometric information of the user, and senses movement of a touch by a part of a body of the user using the second light-sensing signal” (Lines 13 - 17 of Claim 19 of 19/004,408).
Allowable Subject Matter
Claims 2, 7 – 8, 12 – 18, and 20 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 for reasoning set forth in the history of prosecution.
Response to Applicants Amendments and Arguments
Applicants amendments and arguments filed December 31, 2025 have been fully considered.
First, the Examiner agrees that the rejections of Claims 1 – 20 under 35 U.S.C. 112(a) as set forth and made of record in the Office Action mailed October 01, 2025 have been overcome via amendments to each of Claims 1, 11, and 19.
Second, the Examiner agrees that the rejections of Claims 7 – 8 and 16 – 18 under 35 U.S.C. 112(b) as set forth and made of record in the Office Action mailed October 01, 2025 have been overcome via amendments to each of Claims 7 and 16.
Finally, new grounds for rejections under Double Patenting that have been necessitated by amendment to at least Claims 1, 11, and 19 are made of record above.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN M BUTCHER whose telephone number is (571)270-5575. The examiner can normally be reached on Monday – Friday from 6:30 AM to 3:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ke Xiao, can be reached at (571) 272 - 7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN M BUTCHER/Primary Examiner, Art Unit 2627 March 27, 2026