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 .
Information Disclosure Statement
The information disclosure statement(s) submitted on 8/11/2026 and 11/25/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over 1-20 of U.S. Patent No. 12,379,209 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons:
Note: Text appearing in BOLD corresponds to features that match verbatim between the Instant Application and the issued U.S. Patent. Text appearing UNDERLINED emphasizes features that differ.
Instant Application
Issued U.S. Patent No. 12,379,209 B2
Claim 1
A portable electronic device, comprising: an enclosure that defines an internal volume;
a transparent cover secured with the enclosure;
a display assembly covered by the transparent cover, the display assembly comprising a display layer defining an active region and an inactive notch extending into the active region;
a bracket assembly disposed between the transparent cover and the enclosure; and
a facial recognition system carried by the bracket assembly in the internal volume such that the facial recognition system is aligned with the notch, the facial recognition system comprising:
an emitter configured to project a pattern comprising spaced apart dots;
a sensor configured to detect the spaced apart dots; and
processor circuitry configured to authenticate a user based at least in part on the detected spaced apart dots.
Claim 1
A portable electronic device, comprising:
an enclosure that defines an internal volume;
a transparent cover secured with the enclosure;
a display assembly covered by the transparent cover, the display assembly comprising a display layer and an opaque masking layer, the masking layer defining an inactive region extending into and at least partially surrounded by an active region;
a bracket assembly disposed between the transparent cover and the enclosure; and
a facial recognition system carried by the bracket assembly in the internal volume such that the facial recognition system is uncovered from the display assembly by the inactive region, the facial recognition system comprising:
an emitter biased toward the transparent cover by the bracket assembly and configured to project a pattern comprising spaced apart dots;
a sensor biased toward the transparent cover by the bracket assembly and configured to detect the spaced apart dots; and
processor circuitry configured to authenticate a user based at least in part on the detected spaced apart dots.
Claim 8
A portable electronic device, comprising:
an enclosure defining an internal volume;
a transparent cover secured with the enclosure;
a display assembly covered by the transparent cover, the display assembly comprising:
a display layer comprising an active region that presents visual information and a notch extending into the active region;
an opaque masking layer defining the notch, the opaque masking layer defining an opening through which light can pass in the notch; and
an object recognition system positioned in the internal volume and aligned with the notch, the object recognition system configured to:
project a pattern comprising spaced apart dots;
detect a variation in a separation distance between one or more of the spaced apart dots on a surface; and
perform an action based at least in part on the detected variation; and
a bracket assembly biasing the object recognition system against the transparent cover.
Claim 8
A portable electronic device, comprising:
an enclosure defining an internal volume;
a transparent cover secured with the enclosure;
a display assembly covered by the transparent cover, the display assembly comprising:
a display layer that comprises an active region that presents visual information and an inactive region defined by a notch extending into the active region such that the notch is disposed between a first portion of the active region and a second portion of the active region;
an opaque masking layer that further defines the notch, the masking layer defining an opening through which light can pass in the notch; and
a vision system including an object recognition system positioned in the internal volume in a location corresponding to the inactive region, the object recognition system configured to:
project a pattern comprising spaced apart dots;
detect a variation in a separation distance between one or more of the spaced apart dots on a surface; and
perform an action based at least in part on the detected variation; and
a bracket assembly biasing the vision system against the transparent cover.
Claim 15
A portable electronic device, comprising:
an enclosure comprising a bottom wall and sidewall components extending from the bottom wall, the sidewall components combining with the bottom wall to form an internal volume;
a transparent layer secured with the enclosure;
a display assembly coupled with the transparent layer, the display assembly comprising a display layer and a touch input layer, the display layer and the touch input layer defining an inactive region extending into and at least partially surrounded by an active region;
an object detection system comprising: a light emitting module configured to project a pattern comprising spaced apart dots onto a surface;
a sensor configured to detect a variation in a separation distance between one or more of the spaced apart dots; and
processor circuitry configured to identify the object based at least in part on the detected variation; and
a bracket assembly aligning the object detection system with the inactive region.
Claim 15
A portable electronic device, comprising:
an enclosure comprising a bottom wall and sidewall components extending from the bottom wall, the sidewall components combining with the bottom wall to form an internal volume;
a transparent layer secured with the enclosure;
a display assembly coupled with the transparent layer, the display assembly comprising a display layer and a touch input layer, the display layer and the touch input layer defining an opaque inactive region extending into and at least partially surrounded by an active region, the display assembly defining an opening in the inactive region through which light can pass;
a bracket assembly disposed between the transparent layer and the enclosure;
an object detection system biased toward the transparent layer by the bracket assembly in the internal volume such that the object detection system is unimpeded by the display assembly based on the inactive region, the object detection system comprising:
a light emitting module carried by the bracket assembly and configured to project a pattern comprising spaced apart dots onto a surface;
a sensor carried by the bracket assembly and configured to detect a variation in a separation distance between one or more of the spaced apart dots; and
processor circuitry configured to identify the object based at least in part on the detected variation.
Table 1.1
Regarding claim 1, the instant application appears to differ from issued U.S. Patent No. 12,379,209 B2 (‘209 Patent) only in equivalent terminology.
Instant Application
“a display assembly covered by the transparent cover, the display assembly comprising a display layer defining an active region and an inactive notch extending into the active region;”
Issued U.S. Patent No. 12,379,209
“a display assembly covered by the transparent cover, the display assembly comprising a display layer and an opaque masking layer, the masking layer defining an inactive region extending into and at least partially surrounded by an active region;”
For instance, the instant application recites that a display assembly comprises a display layer defines an active region and an inactive notch extending into the active region, whereas the ‘209 Patent recites that a display assembly comprises a display layer and an opaque masking layer, the masking layer defining an inactive region extending into and at least partially surrounded by an active region.” Hence, the instant application simply restates a notch “extends into and is at least partially surrounded” per the ‘209 Patent.
Regarding claim 8, the instant application appears to differ from issued U.S. Patent No. 12,379,209 B2 (‘209 Patent) only in equivalent terminology.
Instant Application
“a bracket assembly biasing the object recognition system against the transparent cover.”
Issued U.S. Patent No. 12,379,209
a bracket assembly biasing the vision system against the transparent cover.
For instance, the instant application recites that a bracket assembly biases an object recognition system against a transparent cover, where the ’209 Patent recites that the bracket assembly biases the vision system. However, the ‘209 Patent also recites that the vision system comprises an object recognition system, and hence the scope of this mild difference is effectively covered.
Another difference arises towards the end of claim 8 of the instant application and the ‘209 Patent:
Instant Application
“an object recognition system positioned in the internal volume and aligned with the notch,”
Issued U.S. Patent No. 12,379,209
“an object recognition system positioned in the internal volume in a location corresponding to the inactive region”
This terminology is readily and intuitively observable. The scope of this mild difference is also effectively covered.
Regarding claim 15, the instant application appears to differ from issued U.S. Patent No. 12,379,209 B2 (‘209 Patent) only in equivalent terminology.
Instant Application
“a bracket assembly aligning the object detection system with the inactive region.”
Issued U.S. Patent No. 12,379,209
“the display assembly defining an opening in the inactive region through which light can pass”
…
“a bracket assembly disposed between the transparent layer and the enclosure;”
…
“the object detection system is unimpeded by the display assembly based on the inactive region,”
For instance, the instant application recites that a bracket assembly aligning the object detection system with the inactive region, whereas the ’209 Patent recites the bracket assembly functionally accomplishing the same effect, just reordered throughout the claim.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-5, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weber et al. (US 20110255000 A1) (hereinafter Weber) in view of Zhang et al. (CN 106940584 A; machine translation provided herewith) (hereinafter Zhang) in view of Pantel (US 20180307270 A1) (hereinafter Pantel).
Regarding claim 1, Weber discloses:
A portable electronic device, comprising: [See Weber, ¶ 0082 discloses a portable electronic device.]
an enclosure that defines an internal volume; [See Weber, ¶ 0082 discloses a portable electronic device including a housing 1012.]
a transparent cover secured with the enclosure; [See Weber, Fig. 3 illustrates a “glass plate” 1026.]
a bracket assembly disposed between the transparent cover and the enclosure; and [See Weber, ¶ 0092 discloses plate 10122 may help support band 10120. Printed circuit boards 1020 may be mounted within device 10. For example, printed circuit boards 1020 may be mounted on plate 10122. Components 1022 such as integrated circuits, switches, input-output port connectors, discrete components, and other circuitry and devices may be mounted to printed circuit boards 1020. The components that are mounted or otherwise electrically connected to printed circuit boards 1020 may include a camera module such as camera module 1024.]
Weber does not appear to explicitly disclose:
a display assembly covered by the transparent cover, the display assembly comprising a display layer defining an active region and an inactive notch extending into the active region;
However, Zhang discloses:
a display assembly covered by the transparent cover, the display assembly comprising a display layer defining an active region and an inactive notch extending into the active region; [See Zhang, Figs. 3-4, 6-9, 13-14, and 19 illustrate an inactive region 23 in a display layer 20. A notch is formed in an upper region of Zhang’s mobile device which clearly forms a notch extending into an active region.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Weber to add the teachings of Zhang in order to accommodate functional modules with “flexibility” in the sense that a projection contour of functional recesses may assume a shape of “semi-circular”, square, etc.
Weber in view of Zhang does not appear to explicitly disclose:
a facial recognition system carried by the bracket assembly in the internal volume such that the facial recognition system is aligned with the notch, the facial recognition system comprising:
an emitter configured to project a pattern comprising spaced apart dots;
a sensor configured to detect the spaced apart dots; and
processor circuitry configured to authenticate a user based at least in part on the detected spaced apart dots.
However, Pantel discloses:
a facial recognition system carried by the bracket assembly in the internal volume such that the facial recognition system is aligned with the notch, the facial recognition system comprising: [See Pantel, ¶ 0088 discloses a front-facing camera (lens 102) is located both in the upper left-hand corner and lower right-hand corner of the display screen 101. Furthermore, an optical infrared emitter 1001 (e.g., IR-LED) is located both in the upper right-hand corner and the lower left-hand corner of the display screen 101. The optical infrared emitter 1001 (IR-LED) may illuminate the user's face, e.g., in low light conditions, to support face recognition, face tracking, or eye tracking by means of the front-facing camera (lens 102). For example, the optical infrared emitter 1001 may project dots, patterns, or spots on the face of the user to facilitate determining the shape of the users face. Note that said facial recognition capability is comprised of elements 102, 1001, each of which are "uncovered from the display assembly by an inactive region, or "cutout".]
an emitter configured to project a pattern comprising spaced apart dots; [See Pantel, ¶ 0088, Figs. 3, 4, 5, and 10 illustrate an optical infrared emitter 1001, which may project dots, patterns, or spots on the face of a user to facilitate determining the shape of the user’s face.]
a sensor configured to detect the spaced apart dots; and [See Pantel, ¶ 0088, Figs. 3, 4, 5, and 10 discloses that the optical infrared emitter 1001 (IR-LED) may illuminate the user’s face, e.g., in low light conditions, to support face recognition, face tracking, or eye tracking by means of the front-facing camera (lens 102).]
processor circuitry configured to authenticate a user based at least in part on the detected spaced apart dots. [See Pantel, ¶ 0078, 0080, 0088 discloses facilitating determining the shape of a user’s face, and further, that an infrared camera for face recognition is used for unlocking the smartphone.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Weber in view of Zhang to add the teachings of Pantel in order to enable facial recognition and subsequent unlocking of a mobile device in response to a recognized user’s face.
Regarding claim 2, Weber in view of Zhang in view of Pantel discloses all the limitations of claim 1.
Weber discloses:
the sensor comprising a camera module. [See Weber, ¶ 0094 discloses that device 10 may be provided with one or more cameras. In the example of FIG. 3, two cameras 1024 are shown that may be used, for example, for front-facing camera 26 of FIG. 2A and rear-facing camera 28 of FIG. 2B.]
Regarding claim 4, Weber in view of Zhang in view of Pantel discloses all the limitations of claim 1.
Weber discloses:
wherein the bracket assembly includes a spring element that is at least partially compressed between the enclosure and the transparent cover. [See Weber, ¶ 0098 discloses an alignment structure 1046 may be attached to glass 1026 using adhesive 1048. Alignment structure 1046 may also be attached to glass 1026 or other suitable portions of housing 1012 or device 10 using clips, springs, screws, other fasteners, solder, welds, etc.]
Regarding claim 5, Weber in view of Zhang in view of Pantel discloses all the limitations of claim 1.
Weber discloses:
further comprising an alignment module adhered to the transparent cover, the alignment module configured to align the facial recognition system in the internal volume. [See Weber, ¶ 0079-0080, 0097-0010 discloses that to ensure proper alignment of a camera module or other component with respect to an electronic device, an alignment structure may be mounted within the electronic device. For example, an alignment structure may be mounted to a rear glass plate, a glass plate 1026, or other structure associated with the housing of the electronic device.]
Regarding claim 7, Weber in view of Zhang in view of Pantel discloses all the limitations of claim 1.
Weber discloses:
wherein the enclosure comprises: a bottom wall formed from a first material; and sidewall components formed from a second material different from the first material. [See Weber, ¶ 0086 discloses the housing of device 10 may be formed from a plastic or metal housing in which a transparent plastic or glass camera window structure has been mounted; See Weber, ¶ 0089 discloses sidewall structures 10120 may sometimes be referred to as band structures, a band member, or a band. Structures 10120 may be formed from a metal such as stainless steel, aluminum, or other suitable materials.]
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weber in view of Zhang in view of Pantel in view of Araki et al. (JP 2014131088 A) (hereinafter Araki).
Regarding claim 3, Weber in view of Zhang in view of Pantel discloses all the limitations of claim 1.
Weber in view of Zhang in view of Pantel does not appear to explicitly disclose:
wherein the bracket assembly lacks an affixation with the enclosure.
However, Araki discloses:
wherein the bracket assembly lacks an affixation with the enclosure. [See Araki, Figs. 3, 4, 5, illustrate a “pressing part” (405) component of camera housing case 101.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Weber in view of Zhang in view of Pantel to add the teachings of Araki in order to provide an elastic force to hold a camera in place in a camera housing.
Claim(s) 6, 8-10, 12-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weber in view of Zhang in view of Pantel in view of Benson et al. (US 20140225131 A1) (hereinafter Benson).
Regarding claim 6, Weber in view of Zhang in view of Pantel discloses all the limitations of claim 5.
Weber discloses:
wherein:
the masking layer comprises an opaque material disposed on the transparent cover, the masking layer including openings, wherein the alignment module aligns the sensor and the emitter with the openings. [See Weber, Fig. 3 illustrates opaque material (1028) being on a transparent cover (1026), and defining openings (1030, 1032). Note, that the openings (1030, 1032) align with camera modules 1024; See Weber, ¶ 0154, 0209, Fig. 2B discloses that the device may be provided with a camera flash or light such as camera flash (30).]
Weber in view of Zhang in view of Pantel does not appear to explicitly disclose:
the portable electronic device further comprises a masking layer defining the inactive notch; and
However, Benson discloses:
the portable electronic device further comprises a masking layer defining the inactive notch; and [See Benson, ¶ 0009, 0012, 0059-0060, 0068, 0075 discloses an inactive area IA, a layer of opaque masking material such as black ink is formed between color filter layer 56 and thin-film transistor layer 58. As shown in FIG. 13, for example, an opaque masking layer such as black ink 154 may coat the surface of color filter layer 56 in inactive border area IA. An opening such as opening 156 in black ink layer 154 may be aligned with camera window 30 and may allow light 96 to pass through black ink layer 154 to camera 86; See Benson, ¶ 0053 discloses a display assembly having an active area (AA) portion.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Weber in view of Zhang in view of Pantel to add the teachings of Benson in order to provide an opaque masking layer with an opening that is aligned with the camera window to allow light to pass through the opaque masking layer to the camera.
Regarding claim 8, Weber discloses:
A portable electronic device, comprising: : [See Weber, ¶ 0082 discloses a portable electronic device.]
an enclosure defining an internal volume; [See Weber, ¶ 0082 discloses a portable electronic device including a housing 1012.]
a transparent cover secured with the enclosure; [See Weber, Fig. 3 illustrates a “glass plate” 1026.]
a bracket assembly biasing the object recognition system against the transparent cover. [See Weber, ¶ 0166 discloses bias structures 1270 (e.g., springs, foam, or other biasing members) may be compressed between structure 1272 and camera module sidewall 1276. This generates a restoring force on camera module 1242 in direction 1274. Structure 1272 may be a printed circuit board, a frame member or other internal housing structure, or other suitable portion of device 10. Examiner’s Note: although Weber does not explicitly discuss an object recognition system, one of ordinary skill would be able to extend the concept of biasing structures (as evidenced by both Weber and Araki {already of record}) in the combined teaching as set forth in the rejection below.]
Zhang discloses:
a display assembly covered by the transparent cover, the display assembly comprising:
a display layer comprising an active region that presents visual information and a notch extending into the active region; [See Zhang, Figs. 3-4, 6-9, 13-14, and 19 illustrate an inactive region 23 in a display layer 20. A notch is formed in an upper region of Zhang’s mobile device which clearly forms a notch extending into an active region.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Weber to add the teachings of Zhang in order to accommodate functional modules with “flexibility” in the sense that a projection contour of functional recesses may assume a shape of “semi-circular”, square, etc.
Pantel discloses:
an object recognition system positioned in the internal volume and aligned with the notch, the object recognition system configured to: [See Pantel, ¶ 0088 discloses a front-facing camera (lens 102) is located both in the upper left-hand corner and lower right-hand corner of the display screen 101. Furthermore, an optical infrared emitter 1001 (e.g., IR-LED) is located both in the upper right-hand corner and the lower left-hand corner of the display screen 101. The optical infrared emitter 1001 (IR-LED) may illuminate the user's face, e.g., in low light conditions, to support face recognition, face tracking, or eye tracking by means of the front-facing camera (lens 102). For example, the optical infrared emitter 1001 may project dots, patterns, or spots on the face of the user to facilitate determining the shape of the users face. Note that said facial recognition capability is comprised of elements 102, 1001, each of which are "uncovered from the display assembly by an inactive region, or "cutout".]
project a pattern comprising spaced apart dots; [See Pantel, ¶ 0088, Figs. 3, 4, 5, and 10 illustrate an optical infrared emitter 1001, which may project dots, patterns, or spots on the face of a user to facilitate determining the shape of the user’s face.]
detect a variation in a separation distance between one or more of the spaced apart dots on a surface; and [See Pantel, ¶ 0088, Figs. 3, 4, 5, and 10 discloses that the optical infrared emitter 1001 (IR-LED) may illuminate the user's face, e.g., in low light conditions, to support face recognition, face tracking, or eye tracking by means of the front-facing camera (lens 102). Consistent with Pantel’s disclosure at paragraph [0088]: “the optical infrared emitter 1001 may project dots, patterns, or spots on the face of the user to facilitate determining the shape of the users face”, one of ordinary skill would readily recognize that detection of separation distance or variation between one or more of the spaced apart dots from a light scattering / structured light system is understood to be routine and conventional.]
perform an action based at least in part on the detected variation; and [See Pantel, ¶ 0078, 0080, 0088 discloses facilitating determining the shape of a user’s face, and further, that an infrared camera for face recognition is used for unlocking the smartphone.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Weber in view of Zhang to add the teachings of Pantel in order to enable facial recognition and subsequent unlocking of a mobile device in response to a recognized user’s face.
Benson discloses:
an opaque masking layer defining the notch, the opaque masking layer defining an opening through which light can pass in the notch; and [See Benson, ¶ 0009, 0012, 0059-0060, 0068, 0075 discloses an inactive area IA, a layer of opaque masking material such as black ink is formed between color filter layer 56 and thin-film transistor layer 58. As shown in FIG. 13, for example, an opaque masking layer such as black ink 154 may coat the surface of color filter layer 56 in inactive border area IA. An opening such as opening 156 in black ink layer 154 may be aligned with camera window 30 and may allow light 96 to pass through black ink layer 154 to camera 86; See Benson, ¶ 0053 discloses a display assembly having an active area (AA) portion.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Weber in view of Zhang in view of Pantel to add the teachings of Benson in order to provide an opaque masking layer with an opening that is aligned with the camera window to allow light to pass through the opaque masking layer to the camera.
Regarding claim 9, Weber in view of Zhang in view of Pantel in view of Benson discloses all the limitations of claim 8.
Weber discloses:
wherein the object recognition system comprises a camera module and a light emitting module. [See Weber, ¶ 0154, 0209, Fig. 2B discloses that the device may be provided with a camera flash or light such as camera flash (30).]
Regarding claim 10, Weber in view of Zhang in view of Pantel in view of Benson discloses all the limitations of claim 9.
Weber discloses:
wherein the bracket assembly carries the camera module and the light emitting module. [See Weber, ¶ 0092 discloses plate 10122 may help support band 10120. Printed circuit boards 1020 may be mounted within device 10. For example, printed circuit boards 1020 may be mounted on plate 10122. Components 1022 such as integrated circuits, switches, input-output port connectors, discrete components, and other circuitry and devices may be mounted to printed circuit boards 1020. The components that are mounted or otherwise electrically connected to printed circuit boards 1020 may include a camera module such as camera module 1024.]
Regarding claim 12, Weber in view of Zhang in view of Pantel in view of Benson discloses all the limitations of claim 10.
Weber discloses:
wherein the bracket assembly comprises:
a first bracket; [See Weber, ¶ 0092 discloses plate 10122 may help support band 10120. Printed circuit boards 1020 may be mounted within device 10. For example, printed circuit boards 1020 may be mounted on plate 10122. Components 1022 such as integrated circuits, switches, input-output port connectors, discrete components, and other circuitry and devices may be mounted to printed circuit boards 1020. The components that are mounted or otherwise electrically connected to printed circuit boards 1020 may include a camera module such as camera module 1024.]
a second bracket coupled with the first bracket, wherein the camera module is carried by the first bracket and the second bracket; [See Weber, ¶ 0166 discloses bias structures 1270 (e.g., springs, foam, or other biasing members) may be compressed between structure 1272 and camera module sidewall 1276. This generates a restoring force on camera module 1242 in direction 1274. Structure 1272 may be a printed circuit board, a frame member or other internal housing structure, or other suitable portion of device 10.] and
a module carrier that carries the light emitting module, the module carrier coupled to one of the first bracket and the second bracket. [See Weber, Fig. 32 illustrates a “module carrier” (8046) carrying flash unit, and camera module 8028; See Weber, ¶ 0203, 0217-0220 discloses structures 16318 may be housing structures, internal supports, display structures, a cover glass bezel structure, or other suitable structures. Structures 16318 may be attached to substrate 16310 using screws or other fasteners, adhesive, welds, solder, or other suitable attachment mechanisms (shown schematically as attachment points 16320). Once structures 16318 are attached to substrate 16310, opening 16314 may be trimmed using laser 16328.]
Regarding claim 13, Weber in view of Zhang in view of Pantel in view of Benson discloses all the limitations of claim 9.
Weber discloses:
wherein: the camera module is a first camera module; and the object recognition system further comprises a second camera module. [See Weber, ¶ 0094 discloses that device 10 may be provided with one or more cameras. In the example of FIG. 3, two cameras 1024 are shown that may be used, for example, for front-facing camera 26 of FIG. 2A and rear-facing camera 28 of FIG. 2B.]
Regarding claim 14, Weber in view of Zhang in view of Pantel in view of Benson discloses all the limitations of claim 8.
Weber discloses:
further comprising a border that covers an edge of the display assembly, wherein the object recognition system is positioned between the border and the active region. [See Weber, ¶ 0152, Fig. 2B illustrates a casing 1012A and discloses end portions of housing 1012A (i.e., the peripheral metal band or other housing sidewall structures).]
Regarding claim 15, Weber discloses:
A portable electronic device, comprising: [See Weber, ¶ 0082 discloses a portable electronic device.]
an enclosure comprising a bottom wall and sidewall components extending from the bottom wall, the sidewall components combining with the bottom wall to form an internal volume; [See Weber, ¶ 0082 discloses a portable electronic device including a housing (1012); See Weber, ¶ 0151-0152 discloses sidewall structures combining with top and bottom cover glass to form an internal volume.]
a transparent layer secured with the enclosure; [See Weber, Fig. 3 illustrates a “glass plate” (1026).]
a bracket assembly aligning the object detection system with the inactive region. [See Weber, ¶ 0079-0080, 0097-0010 discloses that to ensure proper alignment of a camera module or other component with respect to an electronic device, an alignment structure may be mounted within the electronic device. For example, an alignment structure may be mounted to a rear glass plate, a glass plate 1026, or other structure associated with the housing of the electronic device.]
Zhang discloses:
[See Zhang, Fig. 3-4, 6-9, 13-14, 19 illustrate an inactive region (23) in a display layer (20). A notch is formed in an upper region of Zhang’s mobile device which clearly “extends into” and is “at least partially surrounded by” an active region (20).]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Weber to add the teachings of Zhang in order to accommodate functional modules with “flexibility” in the sense that a projection contour of functional recesses may assume a shape of “semi-circular”, square, etc.
Pantel discloses:
an object detection system comprising: [See Pantel, ¶ 0088 discloses a front-facing camera (lens 102) is located both in the upper left-hand corner and lower right-hand corner of the display screen 101. Furthermore, an optical infrared emitter 1001 (e.g., IR-LED) is located both in the upper right-hand corner and the lower left-hand corner of the display screen 101. The optical infrared emitter 1001 (IR-LED) may illuminate the user's face, e.g., in low light conditions, to support face recognition, face tracking, or eye tracking by means of the front-facing camera (lens 102). For example, the optical infrared emitter 1001 may project dots, patterns, or spots on the face of the user to facilitate determining the shape of the users face. Note that said facial recognition capability is comprised of elements 102, 1001, each of which are “uncovered from the display assembly by an inactive region, or “cutout”.]
a light emitting module configured to project a pattern comprising spaced apart dots onto a surface; [See Pantel, ¶ 0088, Figs. 3, 4, 5, 10, illustrate an optical infrared emitter 1001, which may project dots, patterns, or spots on the face of the user to facilitate determining the shape of the user’s face.]
a sensor configured to detect a variation in a separation distance between one or more of the spaced apart dots; and [See Pantel, ¶ 0088, Figs. 3, 4, 5, and 10 discloses that the optical infrared emitter 1001 (IR-LED) may illuminate the user's face, e.g., in low light conditions, to support face recognition, face tracking, or eye tracking by means of the front-facing camera (lens 102). Consistent with Pantel’s disclosure at paragraph [0088]: “the optical infrared emitter 1001 may project dots, patterns, or spots on the face of the user to facilitate determining the shape of the users face”, one of ordinary skill would readily recognize that detection of separation distance or variation between one or more of the spaced apart dots from a light scattering / structured light system is understood to be routine and conventional.]
processor circuitry configured to identify the object based at least in part on the detected variation; and [See Pantel, ¶ 0078, 0080, 0088 discloses facilitating determining the shape of a user’s face, and further, that an infrared camera for face recognition is used for unlocking the smartphone.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Weber in view of Zhang to add the teachings of Pantel in order to enable facial recognition and subsequent unlocking of a mobile device in response to a recognized user’s face.
Benson discloses:
a display assembly coupled with the transparent layer, the display assembly comprising a display layer and a touch input layer, the display layer and the touch input layer defining an inactive region [See Benson, ¶ 0009, 0012, 0059-0060, 0068, 0075 discloses an inactive area IA, a layer of opaque masking material such as black ink is formed between color filter layer 56 and thin-film transistor layer 58. As shown in FIG. 13, for example, an opaque masking layer such as black ink 154 may coat the surface of color filter layer 56 in inactive border area IA. An opening such as opening 156 in black ink layer 154 may be aligned with camera window 30 and may allow light 96 to pass through black ink layer 154 to camera 86; See Benson, ¶ 0053 discloses a display assembly having an active area (AA) portion.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Weber in view of Zhang in view of Pantel to add the teachings of Benson in order to provide an opaque masking layer with an opening that is aligned with the camera window to allow light to pass through the opaque masking layer to the camera.
Regarding claim 16, Weber in view of Zhang in view of Pantel in view of Benson discloses all the limitations of claim 15.
Weber discloses:
wherein the bottom wall comprises a transparent material. [See Weber, ¶ 0149 discloses glass structure on the rear surface of device.]
Regarding claim 17, Weber in view of Zhang in view of Pantel in view of Benson discloses all the limitations of claim 15.
Weber discloses:
wherein the bracket assembly includes a spring element that is compressed between the transparent layer and the enclosure. [See Weber, ¶ 0098 discloses an alignment structure 1046 may be attached to glass 1026 using adhesive 1048. Alignment structure 1046 may also be attached to glass 1026 or other suitable portions of housing 1012 or device 10 using clips, springs, screws, other fasteners, solder, welds, etc.]
Regarding claim 19, Weber in view of Zhang in view of Pantel in view of Benson discloses all the limitations of claim 15.
Weber discloses:
wherein the bottom wall is formed from a first material, and wherein the sidewall components are formed from a second material different from the first material. [See Weber, ¶ 0086 discloses the housing of device 10 may be formed from a plastic or metal housing in which a transparent plastic or glass camera window structure has been mounted; See Weber, ¶ 0089 discloses sidewall structures 10120 may sometimes be referred to as band structures, a band member, or a band. Structures 10120 may be formed from a metal such as stainless steel, aluminum, or other suitable materials.]
Regarding claim 20, Weber in view of Zhang in view of Pantel in view of Benson discloses all the limitations of claim 19.
Weber discloses:
wherein: the first material comprises a metal; and the second material comprises a non-metal. [See Weber, ¶ 0086 discloses the housing of device 10 may be formed from a plastic or metal housing in which a transparent plastic or glass camera window structure has been mounted; See Weber, ¶ 0089 discloses sidewall structures 10120 may sometimes be referred to as band structures, a band member, or a band. Structures 10120 may be formed from a metal such as stainless steel, aluminum, or other suitable materials.]
Claim(s) 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weber in view of Zhang in view of Pantel in view of Benson in view of Araki.
Regarding claim 11, Weber in view of Zhang in view of Pantel in view of Benson discloses all the limitations of claim 10.
Weber in view of Zhang in view of Pantel in view of Benson does not appear to explicitly disclose:
wherein the bracket assembly is not secured to the enclosure.
However, Araki discloses:
wherein the bracket assembly is not secured to the enclosure. [See Araki, Figs. 3, 4, 5 illustrate a “pressing part” (405) component of camera housing case 101.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Weber in view of Zhang in view of Pantel in view of Benson to add the teachings of Araki in order to provide an elastic force to hold a camera in place in a camera housing.
Regarding claim 18, Weber in view of Zhang in view of Pantel in view of Benson discloses all the limitations of claim 17.
Araki discloses:
wherein the bracket assembly is free of an affixation with the enclosure. [See Araki, Figs. 3, 4, 5, illustrate a “pressing part” (405) component of camera housing case 101.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Weber in view of Zhang in view of Pantel in view of Benson to add the teachings of Araki in order to provide an elastic force to hold a camera in place in a camera housing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK E DEMOSKY whose telephone number is (571)272-8799. The examiner can normally be reached Monday - Friday 7-4 EST.
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, Jamie Atala can be reached at 5712727384. 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.
/PATRICK E DEMOSKY/Primary Examiner, Art Unit 2486
