DETAILED ACTION
Claims 1 and 2 are pending in the application.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 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 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12,407,907 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed towards a display apparatus having a display panel, a lens, a image sensor, and an image optical system that removes the part of the peripheral portion in the view from the direction parallel to the optical axis of the lens. The claims as currently recited in the instant application are found to be anticipatory by U.S. Patent No. 12,407,907 B2 because the aforementioned patent includes all the limitations as currently claimed by the instant application.
Instant Application Patent ‘907
Claim 1 - A display apparatus comprising: a display panel; a display optical system for looking at the display panel; an image sensor for capturing an eye of an user looking at the display panel, the image sensor having a rectangular imaging plane; and an imaging optical system for forming an optical image of the eye on the imaging plane, wherein the imaging optical system has an optical axis that is nonparallel to an optical axis of the display optical system, and a projected line of the optical axis of the display optical system on the imaging plane is substantially parallel to a long side of the imaging plane.
Claim 1 - A display apparatus comprising: a display panel; a lens configured to enable a user to see an image displayed on the display panel; an image sensor for capturing an eye of the user looking at the display panel, the image sensor having a rectangular imaging plane; and an imaging optical system for forming an optical image of the eye on the imaging plane, wherein the imaging optical system has an optical axis that is nonparallel to an optical axis of the lens, a projected line of the optical axis of the lens on the imaging plane is substantially parallel to a long side of the imaging plane, the lens is a lens having a shape as obtained by removing a part of a peripheral portion of a circular shape from the circular shape in a view from the direction parallel to the optical axis of the lens, and the imaging optical system is disposed such that at least part of the image sensor is included in a region as formed by removing the part of the peripheral portion in the view from the direction parallel to the optical axis of the lens.
Claim 2 - The display apparatus according to claim 1, wherein the display optical system includes a lens having a shape as obtained by removing a part of a peripheral portion of a circular shape from the circular shape in a view from the direction parallel to the optical axis of the display optical system, and the imaging optical system is disposed such that at least part of the imaging optical system is included in a region as formed by removing the part of the peripheral portion in the view from the direction parallel to the optical axis of the display optical system.
Claim 1 - A display apparatus comprising: a display panel; a lens configured to enable a user to see an image displayed on the display panel; an image sensor for capturing an eye of the user looking at the display panel, the image sensor having a rectangular imaging plane; and an imaging optical system for forming an optical image of the eye on the imaging plane, wherein the imaging optical system has an optical axis that is nonparallel to an optical axis of the lens, a projected line of the optical axis of the lens on the imaging plane is substantially parallel to a long side of the imaging plane, the lens is a lens having a shape as obtained by removing a part of a peripheral portion of a circular shape from the circular shape in a view from the direction parallel to the optical axis of the lens, and the imaging optical system is disposed such that at least part of the image sensor is included in a region as formed by removing the part of the peripheral portion in the view from the direction parallel to the optical axis of the lens.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN H MOREHEAD III whose telephone number is (571)270-3845. The examiner can normally be reached M - F 0930-1800 EST.
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/JOHN H MOREHEAD III/Examiner, Art Unit 2639
/TWYLER L HASKINS/Supervisory Patent Examiner, Art Unit 2639
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