DETAILED ACTION
*Note in the following document:
1. Texts in italic bold format are limitations quoted either directly or conceptually from claims/descriptions disclosed in the instant application.
2. Texts in regular italic format are quoted directly from cited reference or Applicant’s arguments.
3. Texts with underlining are added by the Examiner for emphasis.
4. Texts with
5. Acronym “PHOSITA” stands for “Person Having Ordinary Skill In The Art”.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claim(s) 1-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over various claims of U.S. Patent No. US-11341890-B2 OR US-11403987-B2 OR US-11410593-B2 OR US-11475819-B2 OR US-11532261-B1 OR US-11587491-B1 OR US-11631358-B2 OR US-11651718-B2 OR US-11682333-B2 OR US-11694592-B2 OR US-11721266-B2 OR US-11869408-B2 OR US-11978379-B2 OR US-12008942-B2 OR US-12136376-B2 OR US-12148343-B2 OR US-12148344-B2 OR US-12236826-B2 OR US-12243464-B2 OR US-12387651-B2 OR US-12394348-B2 OR US-12444337-B2 OR US-12462723-B2 OR US-12462773-B1 OR US-12475826-B2 OR US-12555507-B2 and are further provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over various claims of copending Application No. 18/747,872, 18/934,807, 18/946,280, 18/946,304, 19/028,450, 19/290,973, 19/290,994, 19/327,556, 19/360,450, 19/361,588, 19/536,906.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claim of the instant application is either anticipated by, or the obvious variation of, various claims of above cited US patents or patent application.
This is because independent claim 1/13/18 recites a system/method for processing an image signal in CIE Yxy color space. The system/method further transports the processed Yxy data on multiple channels. Those limitations recited in independent Claim 1/13/18 have been either directly or indirectly disclosed by above cited US patent or patent application. Independent Claim 1 further claims a device configured for an extended reality environment. Independent Claim 13 further claims including a display to display converted image data. Independent Claim 18 further claims converting the image data for display in a virtual, augmented, and/or mixed reality environment. However including a device for extended reality environment, a display to display converted image data and converting image data for display in VR, AR or MR environment is/are either disclosed or obvious to a PHOSITA before the effective filing date of the claimed invention. This is because displaying image data either on a regular display or VR, AR, MX, Extended reality environment had already been known and used before the effective filing date of the claimed invention. By adding a display is just within routine skills for PHOSITA. Other dependent claims are either disclosed by above cited US patents or patent applications or general processing for image color or AR/VR features which are within routine skills of a PHOSITA.
Due to the size of double patent rejection, the Examiner does not list claim by claim comparison. If Applicant has any concern or question, Applicant is encouraged to contact the Examiner for detail explanation.
Allowable Subject Matter
Claims 1-20 would be allowable if terminal disclaimers have been filed and approved.
The following is an examiner’s statement of reasons for allowance:
Prior art, either individually or in combination, fails to disclose or render obviousness the limitation of transportation of processed Yxy data on at least three/multiple channels as claimed in independent Claim 1/13/18. The closest prior art, Van Der Vleuten et al. (US 2015/0221280 A1), discloses outputting at least an output image (Im) comprising pixel output colors of chromatic coordinates (x,y) and adjusted output luminances (L*) ([0031]) . However, it fails to disclose the L* is different from Y component of CIE Yxy. The L* is processed Y through normalization and scaling as shown in Fig.4 (see [0072]-[0086] detail explanation).
PNG
media_image1.png
319
486
media_image1.png
Greyscale
No prior art discloses transportation CIE Yxy in multiple channels.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YINGCHUN HE whose telephone number is (571)270-7218. The examiner can normally be reached M-F 8:00-5:00 MT.
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, Xiao M Wu can be reached at 571-272-7761. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/YINGCHUN HE/Primary Examiner, Art Unit 2613
Prosecution Insights