DETAILED ACTION
It would be of great assistance to the Office if all incoming papers pertaining to a filed application carried the following items:
1. Application number (checked for accuracy, including series code and serial no.).
2. Group art unit number (copied from most recent Office communication).
3. Filing date.
4. Name of the examiner who prepared the most recent Office action.
5. Title of invention.
6. Confirmation number (See MPEP § 503).
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 .
Claim Objections
Claim 1 is objected to because of the following informalities: a period is missing at the end of the claim. Appropriate correction is required.
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 – 24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti et al. (US 2011/0007048)
Claim 1 of Instant Application
Claim 1 of U.S. Patent No. 12,431,975
A pixel device configured to form part of a display apparatus comprising an optical wireless communication (OWC) apparatus and a display, the pixel device comprising:
a plurality of display elements comprising at least one red, at least one green and at least one blue element; and at least one of a), or b):
a) at least one integrated light-transmitting element configured to transmit modulated light comprising a data signal to a further OWC device, wherein the OWC apparatus is configured to encode the data signal in the transmitted modulated light; or
b) at least one integrated light-receiving element configured to receive modulated light comprising a data signal from a further OWC device, wherein the OWC apparatus is configured to decode the received modulated light to obtain the data signal encoded in the received modulated light;
A display apparatus comprising:
an at least partially transparent display, the display configured to generate light to form an image for display to a user positioned in front of the display; and at least one light-receiving device positioned behind the display, wherein the at least one light-receiving device is configured to receive visible light through at least part of the display, wherein
the light received through the display is modulated at a modulation frequency, and wherein the at least one light-receiving device comprises or forms part of an optical wireless communications (OWC) apparatus configured to receive the light through the at least part of the display, wherein
the OWC apparatus is configured to demodulate at the modulation frequency the light received through the at least part of the display to obtain data encoded in the received light, wherein the modulation frequency of the received modulated light is between 100 kHz and 1 PHz, wherein the light generated by the display is visible light, the image has a refresh rate, and the modulation frequency of the received modulated light and the refresh rate of the image is such that light emitted by the display appears as a low-frequency interference signal at the at least one light-receiving device positioned behind the display, and
wherein the at least one light-receiving device is configured to receive the modulated light through at least part of the display at the same time as the display generates light to form the image for display.
Claim 1 of U.S. Patent No. 12,431,975 of dose not explicitly disclose that the pixel device comprising:
a plurality of display elements comprising at least one red, at least one green and at least one blue element.
In the same filed of endeavor, Fratti discloses a display apparatus for optical communication(TITLE) wherein the pixel device comprising: a plurality of display elements (display pixel 110 of fig. 2) comprising at least one red, at least one green and at least one blue element (RGB CLCs 6, 7 and 8 of figs. 1 and 2 [0024]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of claim 1 of U.S. Patent No. 12,431,975 of and the teachings of Fratti, such that the display elements were provided as RGB display elements disclosed by Fratti, with motivation to use a well-known scheme to display a full color image, wherein such modification would have simply required a routine skill.
Claim 2 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 3 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 4 of Instant Application is similarly rejected over claim 3 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 5 of Instant Application is similarly rejected over claim 33 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 6 of Instant Application is similarly rejected over claim 5 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 7 of Instant Application is similarly rejected over claim 21 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 8 of Instant Application is similarly rejected over claim 14 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 9 of Instant Application is similarly rejected over claim 15 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 10 of Instant Application is similarly rejected over claim 16 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 11 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 12 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 13 of Instant Application is similarly rejected over claim 5 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 14 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 15 of Instant Application is similarly rejected over claim 18 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 16 of Instant Application is similarly rejected over claim 5 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 17 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 18 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 19 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 20 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 21 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 22 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 23 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim 24 of Instant Application is similarly rejected over claim 1 of U.S. Patent No. 12,431,975 in view of Fratti.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 2, 6, 8, 11, 13, 14, 18 – 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cha (US 2016/0277106) in view of Fratti et al. (US 2011/0007048).
As to claim 1, Cha discloses a pixel device configured to form part of a display apparatus (OLED display 100 of fig. 1 and 2) comprising
an optical wireless communication (OWC) apparatus (OLED display 110 and receiver 150 of fig. 2) and a display (display 110 of fig. 2),
the pixel device comprising:
a plurality of display elements ( plurality of OLED elements arranged in the form of a matrix [0038]) comprising
a) at least one integrated light-transmitting element configured to transmit modulated light comprising a data signal to a further OWC device (transmission communication[0043] buy using OLED display 110 [0038 – 0039]), wherein
the OWC apparatus is configured to encode the data signal in the transmitted modulated light (data is encoded in flickering not perceivable by human [0038 – 0040]).
Cha does not explicitly disclose that display elements comprise at least one red, at least one green and at least one blue element.
In the same filed of endeavor, Fratti discloses a display apparatus for optical communication(TITLE) wherein the pixel device comprising: a plurality of display elements (display pixel 110 of fig. 2) comprising at least one red, at least one green and at least one blue element (RGB CLCs 6, 7 and 8 of figs. 1 and 2 [0024]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings Cha of and the teachings of Fratti, such that the display elements were provided as RGB display elements disclosed by Fratti, with motivation to use a well-known scheme to display a full color image, wherein such modification would have simply required a routine skill.
As to claim 2 (dependent on 1), Cha discloses the pixel device, wherein
the display elements the light transmitting elements are integrated into one or more display layers (OLED elements used for transmission [0038 – 0040]).
As to claim 6 (dependent on 1), Cha discloses the pixel device, wherein
the at least one transmitting elements comprises at least one of one or more LEDs, or one or more laser diode (OLED elements used for transmission [0038 – 0040])
.
As to claim 8 (dependent on 1), Cha discloses the pixel device, wherein
the display elements comprise a plurality of at least partially transparent display elements or non-transparent display elements or a combination of at least partially transparent display element and non-transparent display elements (OLED elements used for transmission [0038 – 0040]).
As to claim 11 (dependent on 1), Cha discloses the pixel device, wherein
the pixel device or the display apparatus formed from the pixel device further comprises a plurality of optical front end circuitry elements (OLED elements used for transmission [0038 – 0040] are interpreted as the optical front end circuitry elements).
As to claim 13 (dependent on 1), Cha discloses the pixel device, wherein
the red, green and blue elements are configured to transmit modulated light comprising an uplink data signal to a further OWC device (transmission for visible light communication with another device [0043]).
As to claim 14 (dependent on 1), Cha in view of Fratti discloses the pixel device, further comprising additional circuitry, wherein
the additional circuitry comprises at least one of:
a driver, a contact, a capacitance line, a scan line, a data line, a switching TFT, a supply line or a capacitor (Fratti, circuitry of fig. 1, such as scan line and data line).
As to claim 18 (dependent on 1), Cha in view of Fratti discloses the pixel device, wherein
the pixel structure comprises an aperture comprising said red, green and blue display elements (Fratti, matrix of RGB picture elements [0017]).
As to claim 19 (dependent on 1), Cha in view of Fratti discloses the pixel device, wherein
the formed display comprises an array of elements comprising the at least one light receiving element and the plurality of display elements of the pixel device, wherein
the array of elements are configured to display an image to a user and configured to receive modulated light (Fratti, sensor and transmitter array as shown in fig. 2).
As to claim 20 (dependent on 1), Cha discloses a display apparatus comprising a display comprising a plurality of pixel devices of claim 1 and an optical wireless communication apparatus (the monitor of fig. 1).
As to claim 21 (dependent on 20), Cha discloses the electronic device comprising the display apparatus of claim 20 (laptop [0033]).
As to claim 22 (dependent on 21), Cha discloses the electronic device, wherein
the electronic device comprises at least one of:
mobile phone, tablet, laptop, a computer, an aviation cockpit display, a television, a financial transaction terminal, an industrial control panel, a point of sale device, a smart banner, or a monitor (laptop [0033]).
As to claim 23 (dependent on 1), Cha discloses a method of operating a pixel device according to claim 1, further comprising at least one of transmitting modulated light from the display apparatus to a further OWC device or receiving modulated light from the further OWC device by the display apparatus, thereby providing optical wireless communication with the further OWC device using the modulated light [0038 – 0043].
As to claim 24 (dependent on 20), Cha discloses a method of operating a display apparatus according to claim 20, further comprising at least one of transmitting modulated light from the display apparatus to a further OWC device or receiving modulated light from the further OWC device by the display apparatus, thereby providing optical wireless communication with the further OWC device using the modulated light [0038 – 0043].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DMITRIY BOLOTIN whose telephone number is (571)270-5873. The examiner can normally be reached M-F 9AM - 5PM.
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/DMITRIY BOLOTIN/Primary Examiner, Art Unit 2623
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