Prosecution Insights
Last updated: May 29, 2026
Application No. 19/253,662

Digital Display Apparatus With Dual Refresh Frequencies

Non-Final OA §DOUBLEPATENT
Filed
Jun 27, 2025
Priority
Aug 01, 2024 — CIP of 12/374,263 +2 more
Examiner
HERMANN, KIRK W
Art Unit
2621
Tech Center
2600 — Communications
Assignee
Aleddra Inc.
OA Round
2 (Non-Final)
79%
Grant Probability
Favorable
2-3
OA Rounds
1y 7m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
480 granted / 607 resolved
+17.1% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
16 currently pending
Career history
625
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
88.2%
+48.2% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
4.6%
-35.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 607 resolved cases

Office Action

§DOUBLEPATENT
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 . Summary of Response Applicant’s 04/06/2026 response includes: (a) claims 1, 4-8 and 10-11 are currently amended; (b) claims 12-14 are original; (c) claims 2-3 and 9 are canceled; and (d) the grounds for rejection set forth in the 03/16/2026 office action are traversed. Claims 1, 4-8 and 10-14 are currently pending and an office action follows: Response to Arguments Applicant’s arguments filed 04/06/2026 filed with respect to the prior art grounds of rejection of claims 1-3 and 12-14 have been fully considered and are persuasive. Thus, the previously-stated prior art grounds of rejection has been withdrawn. Claims 1, 4-8 and 10-14 remain provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over: (i) claims 1-2, 4-11 of copending Application No. 19/227,439 in view of previously-cited prior art; and (ii) claims 1-2, 4-8 and 10-12 of copending Application No. 19/295,635 in view of previously-cited prior art. Finally, a new objection is made to claims 1, 4-8 and 10-14 based on a misspelled word. Claim Objection 4. Claims 1, 4-8 and 10-14 are objected to because of the following informalities: Claim 1 at line 14 includes “simulation” that is the misspelling of the word “stimulation” that was in the previous set of claims filed 08/10/2025. This objection may be overcome by changing “simulation” to “stimulation”. Appropriate correction is required. This objection applies to clams 4-8 and 10-14 that depend upon claim 1. Claim Rejections – Nonstatutory Double Patenting 5. 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 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. 6. Claims 1, 4-8 and 10-12 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2, 4-11 of copending Application No. 19/227,439 in view of U.S. Patent Pub. No. 2014/0058483 A1 to Zao et al. (“Zao”). See the below juxtaposition of applicant’s claims to those of U.S. Patent Application No. 19/227,439. Claim 1 of the present application One of Claims 4-7 (each depends upon claims 1-2) or one of Claims 10-11 (each depends upon claims 1 and 9) of U.S. Patent Application No. 19/227,439 A digital display apparatus comprising: a controller; and a digital pixel panel, wherein: a plurality of pixels of the digital pixel panel are divided into a first group of pixels and a second group of pixels, the controller is configured to display a graphic content via the digital pixel panel, the controller is configured to operate the first group of pixels at a first flicker-free refresh frequency (F1) ≥ 60Hz, the controller is configured to operate the second group of pixels at a second flicker-free refresh frequency (F2) > F1, and when the graphic content displayed on the digital pixel panel is viewed by a subject, an invisible visual stimulation at a harmonic frequency (HF) equal to |2F1 - F2| is induced endogenously in a brain of the subject, wherein, HF is either: between 20Hz and 45 Hz, or between 3Hz and 10Hz; and wherein the digital display apparatus operates at one of a plurality of combinations of F1 and F2 other than a combination of F1 and F2 in which F1 = 80Hz and F2 = 120Hz. Claim 1: A gamma stimulation apparatus, comprising: a controller; a first light source; and a second light source; Claim 1: wherein: the controller is configured to operate the first light source at a first frequency (F1) ≥ 60Hz to generate a first light output, Claim 1: the controller is configured to operate the second light source at a second frequency (F2) > F1 to generate a second light output, and Claim 1: when the first light output and the second light output are perceived by a subject simultaneously, an invisible visual stimulation at a harmonic frequency (HF) equal to |2F1 - F2| is induced endogenously in a brain of the subject. Claim 2: The apparatus of claim 1, wherein HF is between 20Hz and 45Hz Claim 9: The apparatus of claim 1, wherein HF is between 3Hz and 10Hz Claim 1: apparatus, comprising a controller: wherein the controller is configured to operate the first light source at a first frequency (F1) ≥ 60Hz to generate a first light output, the controller is configured to operate the second light source at a second frequency (F2) > F1 to generate a second light output…a harmonic frequency (HF) equal to |2F1 - F2| is induced endogenously in a brain of the subject. Claim 4: The apparatus of claim 2, wherein F1 is 65Hz and F2 is 90Hz. Claim 5: The apparatus of claim 2, wherein F1 is 70Hz and F2 is 100Hz. Claim 6: The apparatus of claim 2, wherein F1 is 75Hz and F2 is 110Hz. Claim 7: The apparatus of claim 2, wherein F1 is 85Hz and F2 is 130Hz. Claim 8: The apparatus of claim 2, wherein F1 is 90Hz and F2 is 140Hz. Claim 4 of the present application Claim 4 (depends upon claims 1-2) of U.S. Patent Application No. 19/227,439 The apparatus of claim 1, wherein F1 is 65Hz and F2 is 90Hz. The apparatus of claim 2, wherein F1 is 65Hz and F2 is 90Hz. Claim 5 of the present application Claim 5 (depends upon claims 1-2) of U.S. Patent Application No. 19/227,439 The apparatus of claim 1, wherein F1 is 70Hz and F2 is 100Hz. The apparatus of claim 2, wherein F1 is 70Hz and F2 is 100Hz. Claim 6 of the present application Claim 6 (depends upon claims 1-2) of U.S. Patent Application No. 19/227,439 The apparatus of claim 1, wherein F1 is 75Hz and F2 is 110Hz. The apparatus of claim 2, wherein F1 is 75Hz and F2 is 110Hz. Claim 7 of the present application Claim 7 (depends upon claims 1-2) of U.S. Patent Application No. 19/227,439 The apparatus of claim 1, wherein F1 is 85Hz and F2 is 130Hz. The apparatus of claim 2, wherein F1 is 85Hz and F2 is 130Hz. Claim 8 of the present application Claim 8 (depends upon claims 1-2) of U.S. Patent Application No. 19/227,439 The apparatus of claim 1, wherein F1 is 90Hz and F2 is 140Hz. The apparatus of claim 2, wherein F1 is 90Hz and F2 is 140Hz. Claim 10 of the present application Claim 10 (depends upon claims 1 and 9) of U.S. Patent Application No. 19/227,439 The apparatus of claim 1, wherein F1 is 60Hz and F2 is 116Hz. The apparatus of claim 9, wherein F1 is 60Hz and F2 is 116Hz. Claim 11 of the present application Claim 11 (depends upon claims 1 and 9) of U.S. Patent Application No. 19/227,439 The apparatus of claim 1, wherein F1 is 60Hz and F2 is 124Hz. The apparatus of claim 9, wherein F1 is 60Hz and F2 is 124Hz. As to claim 1, claim 1 of U.S. Patent Application No. 19/227,439 does not expressly disclose a digital display apparatus comprising: a digital pixel panel, wherein: a plurality of pixels of the digital pixel panel are divided into a first group of pixels and a second group of pixels, the controller is configured to display a graphic content via the digital pixel panel, the controller is configured to operate the first group of pixels, the controller is configured to operate the second group of pixels, and when the graphic content displayed on the digital pixel panel is viewed by a subject, an invisible visual stimulation at a harmonic frequency (HF) is induced endogenously in a brain of the subject, wherein the digital display apparatus operates. Zao discloses a digital display apparatus(120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0056-0057, 0061, 0065-0067) comprising: a digital pixel panel(120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0057), wherein: a plurality of pixels(red, green and blue lights)(FIGs. 3B, 3C; ¶¶0051-0053) of the digital pixel panel(120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0057) are divided into a first group of pixels(red lights)(FIGs. 3B, 3C; ¶¶0051-0053) and a second group of pixels(green and blue lights)(FIGs. 3B, 3C; ¶¶0051-0053), the controller is configured (¶¶0065-0067) to display a graphic content (¶¶0038, 0040-0042, 0047, 0051, 0069) via the digital pixel panel(120, 700) (FIGs. 1, 7A; ¶¶0040-0042, 0057), the controller is configured (¶¶0065-0067) to operate the first group of pixels(red lights)(FIGs. 3B, 3C; ¶¶0051-0053), the controller is configured (¶¶0065-0067) to operate the second group of pixels(green and blue lights)(FIGs. 3B, 3C; ¶¶0051-0053), and when the graphic content (¶¶0038, 0040-0042, 0047, 0051, 0069) displayed on the digital pixel panel(120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0057) is viewed by a subject (¶¶0005, 0038, especially – “steady-state visual evoked potential (SSVEP) using imperceptibly flickering stimuli lights”, 0041, 0051-0052, 0069) , wherein the digital display apparatus(120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0056-0057, 0061, 0065-0067) operates (¶¶0051-0053). Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent Application No. 19/227,439 with Zao to provide a gamma stimulation apparatus that provides an invisible visual stimulation viewable by an individual while viewing images or video (¶0007). As to claim 12, claim 1 of U.S. Patent Application No. 19/227,439 and Zao teach the apparatus of claim 1, as applied above. Zao further discloses wherein the first group of pixels(red lights in the upper half of the digital pixel panel: 120, 700)(FIGs. 1, 3B, 3C, 7A; ¶¶0040-0042, 0051-0053, 0057) occupies a top section of the digital pixel panel(top half of: 120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0057) and the second group of pixels(green and blue lights in the lower half of the digital pixel panel: 120, 700)(FIGs. 1, 3B, 3C, 7A; ¶¶0040-0042, 0051-0053, 0057) occupies a bottom section of the digital pixel panel(bottom half of: 120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0057). The motivation to combine the additional teachings of Zao is for the same reasoning set forth above for claim 1. 7. Claims 13-14 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2, 4-11 of copending Application No. 19/227,439 in view of U.S. Patent Pub. No. 2014/0058483 A1 to Zao et al. (“Zao”) as applied to claim 1, in view of U.S. Patent Pub. No. 2016/0291920 A1 to Sirpal et al. (“Sirpal”). As to claim 13, claim 1 of U.S. Patent Application No. 19/227,439 and Zao teach the apparatus of claim 1, as applied above. Zao further discloses the controller is configured (¶¶0065-0067); the graphic content (¶¶0038, 0040-0042, 0047, 0051, 0069) to the first group of pixels(red lights in the upper half of the digital pixel panel: 120, 700)(FIGs. 1, 3B, 3C, 7A; ¶¶0040-0042, 0051-0053, 0057) and the graphic content (¶¶0038, 0040-0042, 0047, 0051, 0069) to the second group of pixels(green and blue lights in the lower half of the digital pixel panel: 120, 700)(FIGs. 1, 3B, 3C, 7A; ¶¶0040-0042, 0051-0053, 0057). The motivation to combine the additional teachings of Zao is for the same reasoning set forth above for claim 1. Claim 1 of U.S. Patent Application No. 19/227,439, Zao, Brainstorm and Carstensen do not expressly disclose wherein the controller is configured with two display channels comprising a first display channel and a second display channel, wherein the first display channel feeds the graphic content to the first group of pixels and the second display channel feeds the graphic content to the second group of pixels. Sirpal discloses wherein the controller(216a, 216b)(FIG. 2; ¶¶0120, 0232) is configured with two display channels(lines connecting 216a to 104 and 216b to 108)(FIG. 2; ¶¶0120, 0232) comprising a first display channel(line connecting 216a to 104)(FIG. 2; ¶¶0120, 0232) and a second display channel(line connecting 216b to 108)(FIG. 2; ¶¶0120, 0232), wherein the first display channel(line connecting 216a to 104)(FIG. 2; ¶¶0120, 0232) feeds the graphic content (FIG. 6J: 110; ¶0193) to the first group of pixels (FIG. 6J: pixels in 110; ¶¶0165, 0193) and the second display channel(line connecting 216b to 108)(FIG. 2; ¶¶0120, 0232) feeds the graphic content (FIG. 6J: 114; ¶0193) to the second group of pixels (FIG. 6J: pixels in 114; ¶¶0165, 0193). Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent Application No. 19/227,439 and Zao with Sirpal to provide a digital display apparatus that may be carried or stored in a compact from when not being used. As to claim 14, claim 1 of U.S. Patent Application No. 19/227,439 and Zao teach the apparatus of claim 1, as applied above. Claim 1 of U.S. Patent Application No. 19/227,439 and Zao do not expressly disclose wherein the digital pixel panel comprises a first physical digital pixel panel and a second physical display panel, and wherein the controller is configured to operate the first physical digital pixel panel at F1 refresh frequency and the second physical display pixel panel at F2 refresh frequency. Sirpal discloses wherein the digital pixel panel(104, 108)(FIGs. 2, 6J; ¶¶0118, 0121, especially – “a digital signal processor”, 0193, 0302, especially – “a digital signal processor”) comprises a first physical digital pixel panel(104)(FIGs. 2, 6J; ¶¶0118, 0121, especially – “a digital signal processor”, 0193, 0302, especially – “a digital signal processor”) and a second physical display panel(108)(FIGs. 2, 6J; ¶¶0118, 0121, especially – “a digital signal processor”, 0193, 0302, especially – “a digital signal processor”), and wherein the controller(216a, 216b)(FIG. 2; ¶¶0120, 0232) is configured to operate the first physical digital pixel panel(104)(FIGs. 2, 6J: line connecting 216a to 104; ¶¶0118, 0121, especially – “a digital signal processor”, 0193, 0302, especially – “a digital signal processor”) and the second physical display pixel panel(108)(FIGs. 2, 6J: line connecting 216b to 108; ¶¶0118, 0121, especially – “a digital signal processor”, 0193, 0302, especially – “a digital signal processor”). The motivation to combine Sirpal is set forth above for claim 13. 8. Claims 1, 4-8 and 10-12 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2, 4-8 and 10-12 of copending Application No. 19/295,635 in view of U.S. Patent Pub. No. 2014/0058483 A1 to Zao et al. (“Zao”). See the below juxtaposition of applicant’s claims to those of U.S. Patent Application No. 19/295,635. Claim 1 of the present application One of Claims 4-8 (each depends upon claims 1-2) or one of Claims 11-12 (depends upon claims 1 and 10) of U.S. Patent Application No. 19/295,635 A digital display apparatus comprising: a controller; and a digital pixel panel, wherein: a plurality of pixels of the digital pixel panel are divided into a first group of pixels and a second group of pixels, the controller is configured to display a graphic content via the digital pixel panel, the controller is configured to operate the first group of pixels at a first flicker-free refresh frequency (F1) ≥ 60Hz, the controller is configured to operate the second group of pixels at a second flicker-free refresh frequency (F2) > F1, and when the graphic content displayed on the digital pixel panel is viewed by a subject, an invisible visual stimulation at a harmonic frequency (HF) equal to |2F1 - F2| is induced endogenously in a brain of the subject, wherein, HF is either: between 20Hz and 45 Hz, or between 3Hz and 10Hz; and wherein the digital display apparatus operates at one of a plurality of combinations of F1 and F2 other than a combination of F1 and F2 in which F1 = 80Hz and F2 = 120Hz. Claim 1: A gamma stimulation system, comprising: a first luminaire with a first controller and a first light source; and a second luminaire with a second controller and a second light source, wherein: Claim 1: the first controller is configured to operate the first light source at a first frequency F1 (≥ 60Hz) to generate a first light output, Claim 1:the second controller is configured to operate the second light source at a second frequency F2 (> F1) to generate a second light output, and Claim 1: when the first light output and the second light output are perceived by a subject simultaneously, an invisible visual stimulation at a harmonic frequency (HF) equal to I2F1 - F2I is induced endogenously in a brain of the subject. Claim 2: The gamma stimulation system of claim 1, wherein HF is between 20Hz and 45Hz. Claim 10: The gamma stimulation system of claim 2, wherein HF is between 3Hz and 10Hz. Claim 1: A gamma stimulation system, comprising: a first luminaire with a first controller and a first light source; and a second luminaire with a second controller and a second light source, wherein: the first controller is configured to operate the first light source at a first frequency F1 (≥ 60Hz) to generate a first light output, the second controller is configured to operate the second light source at a second frequency F2 (> F1) to generate a second light output Claim 4: The gamma stimulation system of claim 2, wherein F1 is 65Hz and F2 is 90Hz. Claim 5: The gamma stimulation system of claim 2, wherein F1 is 70Hz and F2 is 100Hz. Claim 6: The gamma stimulation system of claim 2, wherein F1 is 75Hz and F2 is 110Hz. Claim 7: The gamma stimulation system of claim 2, wherein F1 is 85Hz and F2 is 130Hz. Claim 8: The gamma stimulation system of claim 2, wherein F1 is 90Hz and F2 is 140Hz. Claim 11: The gamma stimulation system of claim 10, wherein F1 is 60Hz and F2 is 116Hz. Claim 12: The gamma stimulation system of claim 10, wherein F1 is 60Hz and F2 is 124Hz. Claim 4 of the present application Claim 4 (depends upon claims 1-2) of U.S. Patent Application No. 19/295,635 The apparatus of claim 1, wherein F1 is 65Hz and F2 is 90Hz. The gamma stimulation system of claim 2, wherein F1 is 65Hz and F2 is 90Hz. Claim 5 of the present application Claim 5 (depends upon claims 1-2) of U.S. Patent Application No. 19/295,635 The apparatus of claim 1, wherein F1 is 70Hz and F2 is 100Hz. The gamma stimulation system of claim 2, wherein F1 is 70Hz and F2 is 100Hz. Claim 6 of the present application Claim 6 (depends upon claims 1-2) of U.S. Patent Application No. 19/295,635 The apparatus of claim 1, wherein F1 is 75Hz and F2 is 110Hz. The gamma stimulation system of claim 2, wherein F1 is 75Hz and F2 is 110Hz. Claim 7 of the present application Claim 7 (depends upon claims 1-2) of U.S. Patent Application No. 19/295,635 The apparatus of claim 1, wherein F1 is 85Hz and F2 is 130Hz. The gamma stimulation system of claim 2, wherein F1 is 85Hz and F2 is 130Hz. Claim 8 of the present application Claim 8 (depends upon claims 1-2) of U.S. Patent Application No. 19/295,635 The apparatus of claim 1, wherein F1 is 90Hz and F2 is 140Hz. The gamma stimulation system of claim 2, wherein F1 is 90Hz and F2 is 140Hz. Claim 10 of the present application Claim 11 (depends upon claims 1 and 10) of U.S. Patent Application No. 19/295,635 The apparatus of claim 1, wherein F1 is 60Hz and F2 is 116Hz. The gamma stimulation system of claim 10, wherein F1 is 60Hz and F2 is 116Hz. Claim 11 of the present application Claim 12 (depends upon claims 1 and 10) of U.S. Patent Application No. 19/295,635 The apparatus of claim 1, wherein F1 is 60Hz and F2 is 124Hz. The gamma stimulation system of claim 10, wherein F1 is 60Hz and F2 is 124Hz. As to claim 1, claim 1 of U.S. Patent Application No. 19/295,635 does not expressly disclose a digital display apparatus comprising: a digital pixel panel, wherein: a plurality of pixels of the digital pixel panel are divided into a first group of pixels and a second group of pixels, the controller is configured to display a graphic content via the digital pixel panel, the controller is configured to operate the first group of pixels, the controller is configured to operate the second group of pixels, and when the graphic content displayed on the digital pixel panel is viewed by a subject, an invisible visual stimulation at a harmonic frequency (HF) is induced endogenously in a brain of the subject, and wherein the digital display apparatus operates. Zao discloses a digital display apparatus(120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0056-0057, 0061, 0065-0067) comprising: a digital pixel panel(120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0057), wherein: a plurality of pixels(red, green and blue lights)(FIGs. 3B, 3C; ¶¶0051-0053) of the digital pixel panel(120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0057) are divided into a first group of pixels(red lights)(FIGs. 3B, 3C; ¶¶0051-0053) and a second group of pixels(green and blue lights)(FIGs. 3B, 3C; ¶¶0051-0053), the controller is configured (¶¶0065-0067) to display a graphic content (¶¶0038, 0040-0042, 0047, 0051, 0069) via the digital pixel panel(120, 700) (FIGs. 1, 7A; ¶¶0040-0042, 0057), the controller is configured (¶¶0065-0067) to operate the first group of pixels(red lights)(FIGs. 3B, 3C; ¶¶0051-0053), the controller is configured (¶¶0065-0067) to operate the second group of pixels(green and blue lights)(FIGs. 3B, 3C; ¶¶0051-0053), and when the graphic content (¶¶0038, 0040-0042, 0047, 0051, 0069) displayed on the digital pixel panel(120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0057) is viewed by a subject (¶¶0005, 0038, especially – “steady-state visual evoked potential (SSVEP) using imperceptibly flickering stimuli lights”, 0041, 0051-0052, 0069), and wherein the digital display apparatus(120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0056-0057, 0061, 0065-0067) operates (¶¶0051-0053). Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent Application No. 19/295,635 with Zao to provide a gamma stimulation system that provides an invisible visual stimulation viewable by an individual while viewing images or video (¶0007). As to claim 12, claim 1 of U.S. Patent Application No. 19/295,635 and Zao teach the apparatus of claim 1, as applied above. Zao further discloses wherein the first group of pixels(red lights in the upper half of the digital pixel panel: 120, 700)(FIGs. 1, 3B, 3C, 7A; ¶¶0040-0042, 0051-0053, 0057) occupies a top section of the digital pixel panel(top half of: 120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0057) and the second group of pixels(green and blue lights in the lower half of the digital pixel panel: 120, 700)(FIGs. 1, 3B, 3C, 7A; ¶¶0040-0042, 0051-0053, 0057) occupies a bottom section of the digital pixel panel(bottom half of: 120, 700)(FIGs. 1, 7A; ¶¶0040-0042, 0057). The motivation to combine the additional teachings of Zao is for the same reasoning set forth above for claim 1. 9. Claims 13-14 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-2, 4-8 and 10-12 of copending Application No. 19/295,635 in view of U.S. Patent Pub. No. 2014/0058483 A1 to Zao et al. (“Zao”) as applied to claim 1 above, in view of U.S. Patent Pub. No. 2016/0291920 A1 to Sirpal et al. (“Sirpal”). As to claim 13, claim 1 of U.S. Patent Application No. 19/295,635 and Zao teach the apparatus of claim 1, as applied above. Zao further discloses the controller is configured (¶¶0065-0067); the graphic content (¶¶0038, 0040-0042, 0047, 0051, 0069) to the first group of pixels(red lights in the upper half of the digital pixel panel: 120, 700)(FIGs. 1, 3B, 3C, 7A; ¶¶0040-0042, 0051-0053, 0057) and the graphic content (¶¶0038, 0040-0042, 0047, 0051, 0069) to the second group of pixels(green and blue lights in the lower half of the digital pixel panel: 120, 700)(FIGs. 1, 3B, 3C, 7A; ¶¶0040-0042, 0051-0053, 0057). The motivation to combine the additional teachings of Zao is for the same reasoning set forth above for claim 1. Sirpal discloses wherein the controller(216a, 216b)(FIG. 2; ¶¶0120, 0232) is configured with two display channels(lines connecting 216a to 104 and 216b to 108)(FIG. 2; ¶¶0120, 0232) comprising a first display channel(line connecting 216a to 104)(FIG. 2; ¶¶0120, 0232) and a second display channel(line connecting 216b to 108)(FIG. 2; ¶¶0120, 0232), wherein the first display channel(line connecting 216a to 104)(FIG. 2; ¶¶0120, 0232) feeds the graphic content (FIG. 6J: 110; ¶0193) to the first group of pixels (FIG. 6J: pixels in 110; ¶¶0165, 0193) and the second display channel(line connecting 216b to 108)(FIG. 2; ¶¶0120, 0232) feeds the graphic content (FIG. 6J: 114; ¶0193) to the second group of pixels (FIG. 6J: pixels in 114; ¶¶0165, 0193). Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify claim 1 of U.S. Patent Application No. 19/295,635 and Zao with Sirpal to provide a digital display apparatus that may be carried or stored in a compact from when not being used. As to claim 14, claim 1 of U.S. Patent Application No. 19/295,635 and Zao teach the apparatus of claim 1, as applied above. Claim 1 of U.S. Patent Application No. 19/295,635 and Zao do not expressly disclose wherein the digital pixel panel comprises a first physical digital pixel panel and a second physical display panel, and wherein the controller is configured to operate the first physical digital pixel panel at F1 refresh frequency and the second physical display pixel panel at F2 refresh frequency. Sirpal discloses wherein the digital pixel panel(104, 108)(FIGs. 2, 6J; ¶¶0118, 0121, especially – “a digital signal processor”, 0193, 0302, especially – “a digital signal processor”) comprises a first physical digital pixel panel(104)(FIGs. 2, 6J; ¶¶0118, 0121, especially – “a digital signal processor”, 0193, 0302, especially – “a digital signal processor”) and a second physical display panel(108)(FIGs. 2, 6J; ¶¶0118, 0121, especially – “a digital signal processor”, 0193, 0302, especially – “a digital signal processor”), and wherein the controller(216a, 216b)(FIG. 2; ¶¶0120, 0232) is configured to operate the first physical digital pixel panel(104)(FIGs. 2, 6J: line connecting 216a to 104; ¶¶0118, 0121, especially – “a digital signal processor”, 0193, 0302, especially – “a digital signal processor”) and the second physical display pixel panel(108)(FIGs. 2, 6J: line connecting 216b to 108; ¶¶0118, 0121, especially – “a digital signal processor”, 0193, 0302, especially – “a digital signal processor”). The motivation to combine Sirpal is set forth above for claim 13. Other Relevant Prior Art 10. Other relevant prior art includes: PNG media_image1.png 200 400 media_image1.png Greyscale International Patent Pub. No. WO 2023/107024 A1 to Guntekin et al. discloses gamma frequency entrapment to treat Alzheimer’s disease (p 6, ¶2) is created using an eyewear apparatus(2)(FIG. 1; p 6, ¶3) or a monitor display (FIG. 1; p 6, ¶¶3, 5) that includes LED lights (FIG. 1; p 6, ¶3) that are flashed at different frequencies at the same time (p 1, ¶2; p 6, ¶5; p 10, ¶2; claim 1). Conclusion 11. 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 extension fee 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 KIRK W HERMANN whose telephone number is (571) 270-3891. The examiner can normally be reached on Monday-Friday, 10am-7pm, EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh Nguyen can be reached on (571) 272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KIRK W HERMANN/Examiner, Art Unit 2623
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Prosecution Timeline

Jun 27, 2025
Application Filed
Aug 10, 2025
Response after Non-Final Action
Mar 16, 2026
Non-Final Rejection mailed — §DOUBLEPATENT
Apr 06, 2026
Response Filed
Apr 22, 2026
Final Rejection mailed — §DOUBLEPATENT (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
79%
Grant Probability
87%
With Interview (+8.0%)
2y 6m (~1y 7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 607 resolved cases by this examiner. Grant probability derived from career allowance rate.

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