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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-13 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-12 of prior U.S. Patent No. 12242176. This is a statutory double patenting rejection.
Patent US Pat. 12242176
Application 19021986
Claim 1: An apparatus comprising: a body; and a projector, disposed at least partially within the body, configured to project visible light; wherein: the body is formed in the shape of an animal and comprises a torso and a plurality of appendages, the torso has a front, a rear opposing the front, a bottom, and a top opposing the bottom, the projector being disposed at the front of the torso and being configured to project visible light from the front of the torso, each of the plurality of appendages is pliable and adapted for manipulation via one or more of bending, twisting, wrapping around, curving, and straightening, the plurality of appendages comprise a first set of appendages outwardly extending from the bottom of the torso and arranged to resemble the legs of the animal and to enable the body to stand atop an object as the projector projects visible light from the front of the torso defining an image having a particular orientation, and a second appendage outwardly extending from the top of the torso proximate the rear of the torso and arranged to resemble a tail of the animal and to wrap at least partially around an object to enable the body to hang from the object as the projector projects visible light from the front of the torso defining an image having the particular orientation.
Claim 1: An apparatus comprising: a body; and a projector, disposed at least partially within the body, configured to project visible light; wherein: the body is formed to resemble an animal having a torso and a plurality of appendages, the torso has a front, a rear opposing the front, a bottom, and a top opposing the bottom, the projector being disposed so as to project visible light from the front of the torso, the plurality of appendages comprises a first set of appendages and a second appendage, the first set of appendages being arranged to resemble legs of the animal and adapted to enable the body to stand on the an object as the projector projects visible light defining an image having a particular orientation, the second appendage being arranged to resemble a tail of the animal extending from proximate the rear of the torso and adapted to enable the body to hang from an object as the projector projects visible light defining an image having the particular orientation.
Claim 2: wherein at least one of the plurality of appendages is pliable and adapted for manipulation via one or more of bending, twisting, wrapping around, curving, and straightening,
Claim 2: wherein the first set of appendages also enable the body to grab an object as the projector projects visible light defining an image having the particular orientation.
Claim 3: wherein the first set of appendages enable the body to grab an object as the projector projects visible light defining an image having the particular orientation.
Claim 3: wherein the body is formed of a waterproof or water-resistant material or of a material treated to be waterproof or water resistant.
Claim 4: wherein the body is formed of a waterproof or water- resistant material or of a material treated to be waterproof or water resistant.
Claim 4: wherein the body is formed of a shockproof material.
Claim 5: wherein the body is formed of a shockproof material.
Claim 5: comprising a battery for powering the projector.
Claim 6: comprising a battery for powering the projector.
Claim 6: wherein the battery is rechargeable.
Claim 7: wherein the battery is rechargeable.
Claim 7: comprising one or more ports for connecting the apparatus to one or more peripheral devices.
Claim 8: comprising one or more ports for connecting the apparatus to one or more peripheral devices.
Claim 8: wherein the one or more peripheral devices comprise one of a battery charger, a smart device, and a computer.
Claim 9: wherein the one or more peripheral devices comprise one of a battery charger, a smart device, and a computer.
Claim 9: wherein at least one of the ports is adapted to connect the apparatus to the one or more peripheral devices via a wired connection.
Claim 10: wherein at least one of the ports is adapted to connect the apparatus to the one or more peripheral devices via a wired connection.
Claim 10: wherein at least one of the ports is adapted to connect the apparatus to the one or more peripheral devices via a wireless connection.
Claim 11: wherein at least one of the ports is adapted to connect the apparatus to the one or more peripheral devices via a wireless connection.
Claim 11: comprising one or more buttons for controlling the operation of the projector.
Claim 12: comprising one or more buttons for controlling the operation of the projector.
Claim 12: wherein the one or more buttons comprise one of a power button, a keystone adjustment button and a rotate image button.
Claim 13: wherein the one or more buttons comprise one of a power button, a keystone adjustment button and a rotate image button.
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.
Claim(s) 1-3, 6, 7, 9, 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rapp (US PG Pub. 20100240277).
Regarding claim 1, Rapp discloses an apparatus comprising:
a body (shown below in the examiners illustration of fig. 2B); and
a projector (para. 0036; the optical module 12 is shown in FIG. 2A) and consequently as well as the viewing angle of the viewer. Toy assembly 10 may further comprise means for locking the turtle's at a selected inclination, to ensure the continued projection of the images at the required location. In addition, the turtle may further include audio means which comprise a loudspeaker so that the images being projected can be accompanied by sounds such as music, etc.), disposed at least partially within the body (illustrated in fig. 2A), configured to project visible light (para. 0036; projection of the images at the required location); wherein:
the body (shown below in the examiners illustration of fig. 2B) is formed to resemble an animal (turtle shown in fig. 2A and 2B) having a torso and a plurality of appendages (shown below in the examiners illustration of fig. 2B),
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the torso has a front, a rear opposing the front, a bottom, and a top opposing the bottom, the projector (located in the turtle’s head shown in fig. 2A) being disposed so as to project visible light from the front of the torso (shown above in the examiners illustration of fig. 2B),
the plurality of appendages (shown above in the examiners illustration of fig. 2B) comprises a first set of appendages and a second appendage, the first set of appendages being arranged to resemble legs of the animal and adapted to enable the body to stand on an object as the projector projects visible light defining an image having a particular orientation (shown in fig. 1), the second appendage (selector 16 of fig. 2B) being arranged to resemble a tail of the animal (the turtle) extending proximate the rear of the torso (shown above in the examiners illustration of fig. 2B).
Rapp fails to teach wherein the turtles tail is adapted to enable the body to hang from an object as the projector projects visible light defining an image having the particular orientation; however, adding an additional appendage in the rear area of the turtles body will only increase the amount of objects the projection device can be added to, thereby, increasing the desired direction of projected images.
Regarding claim 2, Rapp discloses an apparatus comprising: a body (shown below in the examiners illustration of fig. 2B); and a projector (para. 0036; the optical module 12 is shown in FIG. 2A) and consequently as well as the viewing angle of the viewer. Toy assembly 10 may further comprise means for locking the turtle's at a selected inclination, to ensure the continued projection of the images at the required location. In addition, the turtle may further include audio means which comprise a loudspeaker so that the images being projected can be accompanied by sounds such as music, etc.), disposed at least partially within the body (illustrated in fig. 2A), configured to project visible light (para. 0036; projection of the images at the required location); wherein: the body (shown below in the examiners illustration of fig. 2B) is formed to resemble an animal (turtle shown in fig. 2A and 2B) having a torso and a plurality of appendages (shown below in the examiners illustration of fig. 2B).
Rapp fails to teach wherein each of the plurality of appendages is pliable and adapted for manipulation via one or more of bending, twisting, wrapping around, curving, and straightening, and a second one or more appendages outwardly extending from the top of the torso proximate the rear of the torso and arranged to wrap at least partially around an object to enable the body to hang from the object as the projector projects visible light defining an image having the particular orientation.
Gandhi is a flashlight having independently adjustable legs wherein at least some of the plurality of appendages are pliable and adapted for manipulation via one or more of bending (para. 0016; legs 30 can be bent into a desired shape. Once set in the desired shape, the legs will hold that shape until they are bent into a new one. As a result, the shape setting legs 30 can be bent so that the flashlight can hold itself in any position with the beam of light 10 projecting in a desired direction), twisting, wrapping around (para. 0004; the shape setting legs may be wrapped around an object), curving, and straightening, a and a second one or more appendages outwardly extending from the top of the torso proximate the rear of the torso (shown in the examiners illustration of fig. 5 below) and arranged to wrap at least partially around an object to enable the body to hang from the object as the projector projects visible light (para. 0004; the shape setting legs may be wrapped around an object so that the flashlight can hang in a desired position.) having the particular orientation.
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It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify the projection device of Rapp with the manipulatable legs of Gandhi in order to prop up the device such that the beam formed by the device is pointed in a desired direction.
Regarding claim 3, Rapp discloses wherein the first one or more appendages also enable the body to grab an object as the projector projects visible light defining an image having the particular orientation (illustrated in fig. 1; the projector is grabbing a hold of the top railing).
Regarding claims 6 and 7, Rapp discloses comprising a battery for powering the projector (para. 0039; The power source for operating the assembly may preferably be batteries (for example rechargeable batteries, rechargeable power module (which is preferably detachable from the toy assembly housing, etc.), or may be connected to the premises power supply).
Regarding claim 9, Rapp discloses wherein the one or more peripheral devices comprise one of a battery charger, a smart device, and a computer (para. 0016; the display items can either be embedded on a microchip comprised in the storage means, or be downloaded from a computer or any other similar device such as an MP player, a telephone, a DVD, a television etc., or be downloaded from a media that can be inserted thereto (e.g. a CD), or any combination of the foregoing. All these and other similar options should be understood as being encompassed by the present invention.).
Regarding claim 12, Rapp discloses comprising one or more buttons for controlling the operation of the projector (para. 0036; an image control console 14 is installed at the back of the turtle, allowing manipulation of the display items (e.g. by selecting content to be projected, sound track, brightness, colors, and/or other image characteristics as applicable). In addition, the toy assembly may be provided with an outlet for an external microphone and built in amplifier.).
Regarding claim 13, Rapp discloses wherein the one or more buttons comprise one of a power button, a keystone adjustment button and a rotate image button (para. 0036; an image control console 14 is installed at the back of the turtle, allowing manipulation of the display items).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rapp (US PG Pub. 20100240277) as applied to claim 1 above, and further in view of Kang (US PG Pub. 20160198842).
Regarding claim 4, Rapp discloses a projection apparatus (illustrated in figs. 1 and 2) comprising a plurality of appendages (shown above in the examiners illustration of fig. 1).
Rapp fails to teach wherein the body is formed of a waterproof material.
Kang discloses wherein the body is formed of a waterproof material (para. 0052).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the projector of Rapp with the waterproof case of Kang in order to provide a movable table for a projector that enables the projector to be placed in outdoor spaces under bad environmental conditions (Kang; para. 0012).
Claim(s) 5, 8 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rapp (US PG Pub. 20100240277) as applied to claim 1 above, and further in view of Huebner (US PG Pub. 20140267031).
Regarding claim 5, Rapp discloses a projection apparatus (illustrated in figs. 1 and 2) comprising a plurality of appendages (shown above in the examiners illustration of fig. 1).
Rapp fails to teach wherein the body is formed of a shockproof material.
Huebner discloses wherein the body is formed of a shockproof material (para. 0140).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the projector of Rapp with the shockproof case of Huebner in order to provide durable body/housing that will not shatter upon being dropped by the user.
Regarding claim 8, Rapp discloses a projection apparatus (illustrated in figs. 1 and 2) comprising a plurality of appendages (shown above in the examiners illustration of fig. 1).
Rapp fails to teach wherein the apparatus comprises one or more ports for connecting the apparatus to one or more peripheral devices.
Huebner discloses wherein the apparatus comprises one or more ports for connecting the apparatus to one or more peripheral devices (para. 0009; data port).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the projector of Rapp with the ports of Huebner in order to provide hand gesture sensing, thereby freeing the user from walking over to the projector to manipulate it. (Huebner; para. 0009).
Regarding claim 11, Rapp discloses a projection apparatus (illustrated in figs. 1 and 2) comprising a plurality of appendages (shown above in the examiners illustration of fig. 1).
Rapp fails to teach wherein in combination with a peripheral device arranged to supply image to the apparatus, wherein the apparatus is connected to the peripheral device via at least one of a wired and wireless connection.
Huebner discloses wherein in combination with a peripheral device arranged to supply image to the apparatus, wherein the apparatus is connected to the peripheral device via Bluetooth connection (para. 0102).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the projector of Rapp with the wireless connection of Huebner in order to provide the user greater maneuverability within the environment.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rapp (US PG Pub. 20100240277) and Huebner (US PG Pub. 20140267031) as applied to claim 8 above, and further in view of Li et al. (CN104698728A).
Regarding claim 10, Rapp as modified by Huebner discloses a projection apparatus (illustrated in figs. 1 and 2) comprising a plurality of appendages (shown above in the examiners illustration of fig. 1).
Rapp as modified by Huebner fails to teach wherein at least one of the ports is adapted to connect the apparatus to the one or more peripheral devices via a wired connection.
Li discloses a projection device wherein at least one of the ports is adapted to connect the apparatus to the one or more peripheral devices via a wired connection (para. 0046; the micro-projection device can perform information interaction with peripheral devices (e.g., terminal device 101 shown in FIG. 1, 102, 103) through wired connection).
It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify the projection device of Rapp and Huebner with ports adapted to connect to the projection device via a wired connection as disclosed by Li in order to allow the manufacturer is able to make the device smaller.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANELL L OWENS whose telephone number is (571)270-5365. The examiner can normally be reached 9:00am-5:00pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minh-Toan Ton can be reached at 571-272-2303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANELL L OWENS/Examiner, Art Unit 2882 28 August 2026
/BAO-LUAN Q LE/Primary Examiner, Art Unit 2882
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