Notice of Pre-AIA or AIA Status
1. 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
2. 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).
3. 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).
4. 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.
5. 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.
6. Claims 1-2,4-5,14-15,17 and 19 of the instant application is rejected on the ground of
nonstatutory double patenting as being unpatentable over patented claims 1,3,5,12,18 and 22 of U.S. Patent No. 12395620. Although the conflicting claims are not identical, they are not patentably distinct from each other because they claim the same scope of the invention, but using different variations. It is noted that the claims of the instant application is broader than the corresponding patented claims.
19/287170
US 12395620
1. A method for showing a stereoscopic image, the method comprising: tracking positions of left and right eyes of a viewer; in a first timeslot of a repeating succession of timeslots: showing a left component of the stereoscopic image on a screen, and using a light source to illuminate the screen with a first group of light strips directed toward the left eye of the viewer; and in a second timeslot of the repeating succession of timeslots: showing a right component of the stereoscopic image on the screen, and using the light source to illuminate the screen with a second group of light strips directed toward the right eye of the viewer.
1. A display system for showing a stereoscopic image, comprising: …
the controller being configured to further calculate positions of left and right eyes of the viewer based on the position of the viewer, and the positions of the left and right eyes of the viewer from the tracking system, in a first timeslot of a repeating succession of timeslots, (i) cause the image source to generate the left component of the stereoscopic image, and (ii) cause lighting of a selected first group of light strips directed … toward the left eye of the viewer …, and in a second timeslot of the repeating succession of timeslots, cause the image source to generate the right component of the stereoscopic image, and (ii) cause lighting of a selected second group of light strips directed … toward the right eye of the viewer …
2. The method of claim 1, further comprising: for each given section on the left component of the stereoscopic image to be displayed on the screen: determining a first direction between the left eye of the viewer and an area of the screen where the given section on the left component is to be displayed, and including in the first group of light strips one or more light strips that emit light in the first direction; and for each given section on the right component of the stereoscopic image to be displayed on the screen: determining a second direction between the right eye of the viewer and an area of the screen where the given section on the right component is to be displayed, and including in the second group of light strips one or more light strips that emit light in the second direction.
3. … wherein the controller is further configured to: for each given section on the left component of the stereoscopic image to be displayed on the screen: determine a first direction between the left eye of the viewer and an area of the screen where the given section on the left component is to be displayed, and include in the first group of light strips one or more light strips that emit light in the first direction; and for each given section
on the right component of the stereoscopic image to be displayed on the screen: determine a second direction between the right eye of the viewer and an area of the screen where the given section on the right component is to be displayed, and include in the second group of light strips one or more light strips that emit light in the second direction.
4. The method of claim 1, further comprising: storing a map of relationships between positions of at least some of the light strips on the light source and positions of at least some of a plurality of lenses directing light from the light strips toward the screen; and using (i) the positions of the left and right eyes of the viewer, and (ii) the map of relationships to select the first and second groups of light strips.
5. The display system of claim 1, wherein: the controller includes a memory adapted to store a map of relationships between positions of at least some of the light strips on the light source and positions of at least some of the lenses of the lenticular panel; and the controller is configured to use (i) the positions of the left and right eyes of the viewer, and (ii) the map of relationships stored in the memory to select the first and second groups of light strips.
5. The method of claim 1, further comprising: calculating virtual camera positions based on the positions of the left and right eyes of the viewer; and providing the virtual camera positions to an image source generating the left and right component of the stereoscopic image.
12. The display system of claim 11, wherein the controller is further configured: to calculate virtual camera positions based on the positions of the left and right eyes of the viewer; and provide the virtual camera positions to the 3D rendering device.
14. A method for concurrently showing different images to at least two viewers, the method comprising: tracking a position of at least one first viewer; tracking a position of at least one second viewer; in a first timeslot of a repeating succession of timeslots: showing a first image on a screen, and using a light source to illuminate the screen with a first group of light strips directed toward the position of the at least one first viewer; and in a second timeslot of the repeating succession of timeslots: showing a second image on the screen, and using the light source to illuminate the screen with a second group of light strips directed toward the position of the at least one second viewer.
18. A display system for showing images to at least two viewers, comprising: …
system adapted to track a position of the first viewer or a position of the first group of viewers and to track a position of the second viewer or a position of the second group of viewers; …
in a first timeslot of a repeating succession of timeslots, (i) cause the image source to generate the first image, and (ii) control lighting of a first group of light strips directed by the lenticular panel through the screen and toward the position of the first viewer…
in a first timeslot of a repeating succession of timeslots, (i) cause the image source to generate the first image, and (ii) control lighting of a first group of light strips directed … toward the position of the first viewer …
and in a second timeslot of the repeating succession of timeslots, (i) cause the image source to generate the second image, and (ii) control lighting of a second group of light strips directed by the lenticular panel through the screen and toward the position of the second viewer or toward the position of the second group of viewers for showing pixels of the second image to the second viewer or to the second group of viewers.
15. The method of claim 14, wherein: tracking the position of the at least one first viewer comprises tracking the position of a first group of viewers; and tracking the position of the at least one second viewer comprises tracking the position of a second group of viewers.
18. … a tracking system adapted to track a position of the first viewer or a position of the first group of viewers and to track a position of the second viewer or a position of the second group of viewers;
17. A method for concurrently showing a monoscopic image and a stereoscopic image, the method comprising: tracking a position of at least one first viewer; tracking positions of left and right eyes of a second viewer; in a first timeslot of a repeating succession of timeslots: showing the monoscopic image on a screen, and using a light source to illuminate the screen with a first group of light strips directed toward the position of the at least one first viewer; in a second timeslot of the repeating succession of timeslots: showing a left component of the stereoscopic image on the screen, and using the light source to illuminate the screen with a second group of light strips directed toward the position of the left eye of the second viewer; and in a third timeslot of the repeating succession of timeslots: showing a right component of the stereoscopic image on the screen, and using the light source to illuminate the screen with a third group of light strips directed toward the position of the right eye of the second viewer.
22. A display system for showing images to at least two viewers, comprising: an image source adapted to generate a monoscopic image for a first viewer or a first group of viewers and to generate a stereoscopic image for a second viewer; …
a tracking system adapted to track a position of the first viewer or a position of the first group of viewers and to track positions of left and right eyes of the second viewer;…
in a first timeslot of a repeating succession of timeslots, (i) cause the image source to generate the monoscopic image, and (ii) control lighting of a first group of light strips directed by the lenticular panel through the screen and toward the position of the first viewer …
in a second timeslot of the repeating succession of timeslots, (i) cause the image source to generate a left component of the stereoscopic second image, and (ii) control lighting of a second group of light strips directed by the lenticular panel through the screen and toward the position of the left eye of the second viewer for showing pixels of the left component of the stereoscopic image to the second viewer, …
and in a third timeslot of the repeating succession of timeslots, (i) cause the image source to generate a right component of the stereoscopic second image, and (ii) control lighting of a second group of light strips directed by the lenticular panel through the screen and toward the position of the right eye of the second viewer for showing pixels of the right component of the stereoscopic image to the second viewer.
19. The method of claim 17, wherein tracking the position of the at least one first viewer comprises tracking the position of a first group of viewers.
22. … a tracking system adapted to track a position of the first viewer or a position of the first group of viewers.
In view of the above, allowing claims 1-2,4-5,14-15,17 and 19 of the instant application would result in an unjustified or improper time-wise extension of the "right to exclude" granted by a patent. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Feb. Cir. 1993).
Claim Rejections - 35 USC § 102
7. 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.
8. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
9. Claims 1-2,6-7,9 and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gaudreau, Jean (US 2014/0320614).
Regarding claim 1, Gaudreau discloses a method for showing a stereoscopic image, the method
comprising; tracking positions of left and right eyes of a viewer (e.g., figs. 2a-3, abstract, paragraphs
0003,0007,0060, etc.), in a first timeslot of a repeating succession of timeslots: showing a left component of the stereoscopic image on a screen (e.g., figs. 1-14,22-25 and 27-28, paragraphs 0007,0059,0071,0073,0077,0107,etc.) and using a light source to illuminate the screen with a first group of light strips directed toward the left eye of the viewer (e.g., combination of controller and barrier in the figs. 3-14, paragraphs 0059,0085,0108,0118, etc.); and in a second timeslot of the repeating succession of timeslots; showing a right component of the stereoscopic image on the screen (e.g., figs. 1-14,22-25 and 27-28, paragraphs 0007,0059,0071,0073,0077,0107,etc.), and using the light source to illuminate the screen with a second group of light strips directed toward the right eye of the viewer (e.g., figs. 1-14,22-25 and 27-28, paragraphs 0007,0059,0071,0073,0077,0107,etc.).
Regarding claim 2, Gaudreau discloses the method of claim 1, further comprising; for each given section on the left component of the stereoscopic image to be displayed on the screen: determining a first direction between the left eye of the viewer and an area of the screen where the given section on the left component is to be displayed, and including in the first group of light strips one or more light strips that emit light in the first direction (e.g., figs. 2a-2b,5a-7b,11 and paragraphs 0080,0085-0086,
0108), and for each given section on the right component of the stereoscopic image to be displayed on the screen, determining a second direction between the right eye of the viewer and an area of the screen where the given section on the right component is to be displayed, and including in the second group of light strips one or more light strips that emit light in the second direction (e.g., figs. 2a-2b,5a-7b,11 and paragraphs 0080,0085-0086,0108).
Regarding claim 6, Gaudreau discloses the method of claim 1, wherein; showing the left component of the stereoscopic image comprises showing a left component of a moving video on the screen; and showing the right component of the stereoscopic image comprises showing a right component of the moving video on the screen (e.g., stereoscopic display system for showing moving pictures/video, shown in figs. 1-14,22-25 and 27-28, paragraphs 0007,0059,0071,0073,0077,0079, 0107,etc.).
Regarding claim 7, Gaudreau discloses the method of claim 1, further comprising; tracking changes in the positions of the left and right eyes of the viewer; and modifying the first and second groups of light strips according to the changes in the positions of the left and right eyes of the viewer (e.g., figs. 3 and 7a-7b, paragraphs 0095).
Regarding claim 9, Gaudreau discloses the method of claim 1, wherein: the viewer is a first viewer, and the stereoscopic image is a first stereoscopic image, the method further comprises; tracking positions of left and right eyes of a second viewer, in a third timeslot of the repeating succession of timeslots, showing a left component of a second stereoscopic image on the screen, and using the light source to illuminate the screen with a third group of light strips directed toward the left eye of the second viewer, and in a fourth timeslot of the repeating succession of timeslots: showing a right component of the second stereoscopic image on the screen, and using the light source to illuminate the screen with a fourth group of light strips directed toward the right eye of the second viewer, and the first, second, third and fourth timeslots occur in succession without overlap in the repeating succession of timeslots (e.g., (e.g., implicit in the tracking system of the reference, since the reference indicates, left and right images are displayed to plurality of viewers, using timeslots and/or over successive timeslots, thus considered equivalent, e.g., paragraphs 0041,0042,0047,0071,0073,0077, etc.).
Regarding claim 14, the limitations claimed are substantially similar to claims 1 and 9 above, and addressed in the above claims.
Regarding claim 15, Gaudreau discloses the method of claim 14, wherein; tracking the position of the at least one first viewer comprises tracking the position of a first group of viewers; and tracking the position of the at least one second viewer comprises tracking the position of a second group of viewers (e.g., tracking system with respect to viewers, e.g., group of viewer, considered equivalent, abstract, paragraphs 0047,etc.).
Regarding claims 16 and 18, Gaudreau discloses tracking a position of at least one additional viewer, and in at least one additional timeslot of a repeating succession of timeslots, showing at least one additional image on the screen, and using the light source to illuminate the screen with at least one additional group of light strips directed toward the position of the at least one additional viewer (e.g., implicit in the tracking system of the reference, since the reference indicates, left and right images are displayed to plurality of viewers, using timeslots and/or over successive timeslots, thus considered equivalent, e.g., paragraphs 0041,0042,0047,0071,0073,0077, etc.).
Regarding claim 17, the limitations, a method for concurrently showing a monoscopic image and a stereoscopic image, the method comprising; tracking a position of at least one first viewer; tracking positions of left and right eyes of a second viewer; in a first timeslot of a repeating succession of timeslots: showing the monoscopic image on a screen, and using a light source to illuminate the screen with a first group of light strips directed toward the position of the at least one first viewer; in a second timeslot of the repeating succession of timeslots: showing a left component of the stereoscopic image on the screen, and using the light source to illuminate the screen with a second group of light strips directed toward the position of the left eye of the second viewer; and in a third timeslot of the repeating succession of timeslots: showing a right component of the stereoscopic image on the screen, and using the light source to illuminate the screen with a third group of light strips directed toward the position of the right eye of the second viewer, has been discussed in the above claims, also please see (e.g., paragraphs 0078,0107,0117,0132-0134,etc.).
Regarding claim 19, the limitation claimed has been addressed in claim 15 above.
Claim Rejections - 35 USC § 103
10. 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.
11. 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.
12. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Gaudreau, Jean (US
2014/0320614) in view of Fu Dong et al. (CN 102466905).
Regarding claim 4, Gaudreau discloses the method of claim 1, including storing a map of
relationships between positions of at least some of the light strips on the light source and positions of light from the light strips toward the screen; and using (i) the positions of the left and right eyes of the viewer, and (ii) the map of relationships to select the first and second groups of light strips (e.g., see claim 1 above, also paragraph 0104).
Gaudreau, is silent to explicitly indicate, at least some of a plurality of lenses directing
light from the light strips toward the screen.
Fu in the same field of multi-view stereoscopic display teaches controller connected to
the light source, and the above lenticular panel having a plurality of parallel lenses, each given lens of the lenticular panel being configured to direct light from a given light strip of the light source toward the screen in a direction determined by relative positions of the given light strip and of the given lens (e.g., figs. 1-4, abstract, paragraphs 0007,0011,0013,0019-0025).
In view of the above, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Fu, into the display system of Gaudreau, in order to provide a three-dimensional display, as suggested by the reference.
13. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Gaudreau, Jean (US
2014/0320614) in view of Fukaya et al. (JP 2005/092363).
Regarding claim 5, Gaudreau teach the display system of claim 1, including controller and tracking system to provide position information of the left and right eyes of the viewer, as discussed in claim 1 above.
Gaudreau, is silent to explicitly indicate, calculate virtual camera positions based on the positions of the left and right eyes of the viewer; and providing the virtual camera positions to an image source generating the left and right component of the stereoscopic image.
Fukaya, in the same field of endeavor and throughout the disclosure teaches virtual camera position with respect to the left and right eyes of the viewer and provided to an image generation (e.g., fig. 9, abstract, also entire disclosure).
In view of the above, it would have been obvious before the effective filing date of
the claimed invention to a person having ordinary skill in the art to modify the teaching of Fukaya, into the stereoscopic image generation of Gaudreau, in order to generates an undistorted image when a viewer watches the image displayed on the display, as suggested by the reference.
14. Claims 8 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Gaudreau (US 2014/0320614) in view of Starkweather et al. (US 2006/0038881 ).
Regarding claim 8, Gaudreau teach the method of claim 7, including controller and tracking system to provide position information of the left and right eyes of the viewer, as discussed in claim 1 above.
Gaudreau, is silent to explicitly indicate, modifying a perspective of a content of the stereoscopic image according to the changes in the positions of the left and right eyes of the viewer.
Starkweather, in the same field of stereoscopic image display (e.g., abstract, paragraphs 0006-0007,0019,0063-0064, etc.) teaches stereoscopic image display systems, the image content is pre-rendered as video based on the current eye pupil location or head position of a viewer and changes to correspond to positional changes of the viewer, thus considered equivalent to the above limitation.
In view of the above, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the teaching of Starkweather, into the stereoscopic image generation of Gaudreau, in order to properly displays an image for stereo viewing based on the positional feedback/changes, as suggested by the reference.
Regarding claims 10-11, Gaudreau teach the method of claim 9, including first and second stereoscopic images visible according to respective point of views of the viewers, as discussed in claim 1 above (e.g., abstract, paragraphs 0047,0112, etc.).
Gaudreau, is silent to explicitly indicate the images are, views of the same or different object or scene.
It is noted that, generating stereo or stereoscopic image (s) from the same and/or different objects is notoriously well known in the field of imaging/stereoscopic image display, as evidenced by Starkweather (e.g., paragraphs 0021-0024) and/or Knocke et al. (DE 102004054365, entire disclosure).
In view of the above, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to implement such known teaching.
Allowable Subject Matter
15. Claims 12-13 are allowed.
16. The following is an examiner’s statement of reasons for allowance: The prior carty of the record fails to anticipate or fairly suggest the steps of; a number of first timeslots corresponding to a number of the viewers, and a number of second timeslots corresponding to the number of the viewers; tracking positions of left and right eyes of each of the plurality of viewers; and for each given viewer: allocating a specific first timeslot and a specific second timeslot, the specific first and second timeslots being reserved for the given viewer; in the specific first timeslot: showing on a screen a left component of a specific stereoscopic image for the given viewer, and using a light source to illuminate the screen with a specific first group of light strips directed toward the left eye of the given viewer; and in the specific second timeslot: showing on the screen a right component of the specific stereoscopic image for the given viewer, and using the light source to illuminate the screen with a specific second group of light strips directed toward the right eye of the given viewer, as specifies in independent claim 12.
Claim 13 is allowed by virtue of their dependency to the above allowable independent claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
17. Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if
rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Contact Information
18. Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Behrooz Senfi, whose telephone number is (571)272-7339. The examiner can
normally be reached on Monday-Friday 10:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor,
Christopher Kelley can be reached on 571 272 7331. The fax phone number for the organization where
this application or proceeding is assigned is 571-273-8300.
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/BEHROOZ M SENFI/Primary Examiner, Art Unit 2482
Prosecution Insights