DETAILED ACTION
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.
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Claim 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 12,479,578 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because, as shown in the claim comparison table below, the instant application independent claims 1 and 11 recite every limitation of patent claims 1 and 9, respectively, but omit the camera/virtual window limitations of the patent claims; they are therefore broader, obvious variants that are not patentably distinct from the patented claims, and the instant claim “provide signals that activate electrodes” recitation is the inherent manner of operating the patented electrophoretic surface. Thus, the invention of the patent claim is, in effect, a “species” of the “generic” invention of the application claim. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim is anticipated by the patent claim, it is not patentably distinct from the patent claim.
Application No.: 19/377,747
Patent No.: US 12,479,578 B2
1. A system for providing a display inside a vehicle, the system comprising:
an electrophoretic surface integrated into a wall of the vehicle,
wherein the electrophoretic surface comprises capsules filled by an anionic flame-resistant fluid,
wherein the electrophoretic surface is flame resistant, and
wherein the electrophoretic surface is configured to display an image within the vehicle:
and an electronic controller communicatively coupled to the electrophoretic surface,
wherein the electronic controller is disposed to provide signals that activate electrodes of the electrophoretic surface display.
2. (New) The system of claim 1,
wherein the vehicle comprises an aircraft, and
wherein the electrophoretic surface is integrated into at least one of:
a cabin wall, a cabin floor, a cabin ceiling,
or a flight deck.
3. (New) The system of claim 2, further comprising a camera communicatively coupled to the electronic controller,
wherein the electrophoretic surface is configured to display an image captured by the camera.
4. The system of claim 3,
wherein a field of view of the camera comprises an area outside the vehicle,
whereby the vehicle occupant is able to virtually see through the wall of the vehicle and see the area outside the vehicle displayed on the electrophoretic surface.
5. (New) The system of claim 4
wherein the field of view of the camera comprises
an area beneath a wing of the aircraft,
wherein the electrophoretic surface is positioned above the wing of the aircraft, and
wherein the electrophoretic surface displays an image of the area beneath the wing of the aircraft unobstructed by the wing.
6. (New) The system of
wherein the field of view of the camera comprises an area above the aircraft, and
wherein the electrophoretic surface is configured to display an image of the area above the aircraft.
7. (New) The system of claim 3,
wherein the field of view of the camera comprises an area inside of the vehicle.
8. (New) The system of claim 1,
wherein the electrophoretic surface is sandwiched between flame-resistant films.
9. (New) The system of claim 8,
wherein the flame-resistant films comprise glass.
10. (New) The system of claim 1,
wherein the electrophoretic surface comprises an electrophoretic coating.
11. (New) A method of providing a display inside a vehicle, the method comprising:
providing an electrophoretic surface integrated into a wall of the vehicle,
wherein the electrophoretic surface comprises capsules filled by an anionic flame-resistant fluid, and
wherein the electrophoretic surface is flame resistant;
and providing an electronic controller communicatively coupled to the electrophoretic surface,
wherein the electronic controller is disposed to provide signals that activate electrodes of the electrophoretic surface display.
12. (New) The method of claim 11,
wherein the vehicle comprises an aircraft, and
wherein the electrophoretic surface is integrated into at least one of:
a cabin wall, a cabin floor, a cabin ceiling,
or a flight deck.
13. (New) The method of claim 12, further comprising:
providing a camera communicatively coupled to the electronic controller;
and displaying an image, by the electrophoretic surface, within the vehicle, as captured by the camera.
14. (New) The method of claim 13,
wherein a field of view of the camera comprises an area outside the vehicle,
whereby the vehicle occupant is able to virtually see through the wall of the vehicle and see the area outside the vehicle displayed on the electrophoretic surface.
15. (New) The method of The method of
wherein the field of view of the camera comprises an area beneath a wing of the aircraft,
wherein the electrophoretic surface is positioned above the wing of the aircraft, and
wherein the image is of the area beneath the wing of the aircraft and unobstructed by the wing of the aircraft.
16. (New) The method of The method of
wherein the field of view of the camera comprises an area above the aircraft, and
wherein the image is of the area above the aircraft.
17. (New) The method of claim 13,
wherein the field of view of the camera further comprises an area inside of the vehicle, and
wherein the image further comprises the area inside of the vehicle.
18. (New) The method of claim 17,
wherein the electrophoretic surface is sandwiched between flame-resistant films.
19. (New) The method of claim 18,
wherein the flame-resistant films comprise glass.
20. (New) The method of claim 11,
wherein the electrophoretic surface comprises an electrophoretic coating.
1. A system for providing a display inside a vehicle, the system comprising:
an electrophoretic surface integrated into a wall of the vehicle,
wherein the electrophoretic surface comprises capsules filled by an anionic flame-resistant fluid,
wherein the electrophoretic surface is flame resistant, and
wherein the electrophoretic surface is configured to display an image within the vehicle;
an electronic controller communicatively coupled to the electrophoretic surface;
and a camera communicatively coupled to the electronic controller,
wherein the electrophoretic surface is configured to display an image captured by the camera,
wherein a field of view of the camera comprises an area outside the vehicle,
wherein the electrophoretic surface is positioned between a line from the area outside the vehicle to a vehicle occupant, whereby the vehicle occupant is able to virtually see through the wall of the vehicle and see the area outside the vehicle displayed on the electrophoretic surface.
4. The system of claim 1,
wherein the vehicle comprises an aircraft, and
wherein the wall comprises at least one of:
a cabin wall, a cabin floor, or a cabin ceiling.
1. …
a camera communicatively coupled to the electronic controller, …
wherein the electrophoretic surface is configured to display an image captured by the camera …
1. …
wherein a field of view of the camera comprises an area outside the vehicle,
wherein the electrophoretic surface is positioned between a line from the area outside the vehicle to a vehicle occupant,
whereby the vehicle occupant is able to virtually see through the wall of the vehicle and see the area outside the vehicle displayed on the electrophoretic surface.
5. The system of claim 1,
wherein the vehicle comprises an airplane,
wherein the field of view comprises
an area beneath a wing of the aircraft,
wherein the electrophoretic surface is positioned above the wing of the aircraft, and
wherein the electrophoretic surface displays an image of the area beneath the wing of the aircraft unobstructed by the wing.
6. The system of claim 1,
wherein the vehicle comprises an airplane,
wherein the field of view comprises an area above the aircraft, and
wherein the electrophoretic surface is configured to display an image of the area above the
aircraft.
8. The system of claim 1,
wherein the field of view of the camera further comprises an area inside of the vehicle.
17. The system of claim 1,
wherein the electrophoretic surface is sandwiched between flame-resistant films.
19. The system of claim 17,
wherein the flame-resistant films comprise glass.
11. The method of claim 9,
wherein the electrophoretic surface comprises an electrophoretic coating.
9. A method of providing a display inside a vehicle, the method comprising:
providing an electrophoretic surface integrated into a wall of the vehicle,
wherein the electrophoretic surface comprises capsules filled by an anionic flame-resistant fluid, and
wherein the electrophoretic surface is flame resistant;
providing an electronic controller communicatively coupled to the electrophoretic surface;
providing a camera communicatively coupled to the electronic controller;
and displaying an image, by the electrophoretic surface, within the vehicle, as captured by the camera,
wherein a field of view of the camera comprises an area outside the vehicle,
wherein the electrophoretic surface is positioned between a line from the area outside the vehicle to a vehicle occupant,
whereby the vehicle occupant is able to virtually see through the wall of the vehicle and see the area outside the vehicle displayed on the electrophoretic surface.
12. The method of claim 9,
wherein the vehicle comprises an aircraft, and
wherein the wall comprises at least one of:
a cabin wall, a cabin floor, or a cabin ceiling.
9. …
providing a camera communicatively coupled to the electronic controller;
and displaying an image, by the electrophoretic surface, within the vehicle, as captured by the camera, … .
9. …
wherein a field of view of the camera comprises an area outside the vehicle, …
whereby the vehicle occupant is able to virtually see through the wall of the vehicle and see the area outside the vehicle displayed on the electrophoretic surface.
13. The method of claim 9,
wherein the vehicle comprises an airplane,
wherein the field of view comprises an area beneath a wing of the aircraft,
wherein the electrophoretic surface is positioned above the wing of the aircraft, and
wherein the image is of the area beneath the wing of the aircraft and unobstructed by the wing of the aircraft.
14. The method of claim 9,
wherein the vehicle comprises an airplane,
wherein the field of view comprises an area above the aircraft, and
wherein the image is of the area above the aircraft.
16. The method of claim 9,
wherein the field of view of the camera further comprises an area inside of the vehicle, and
wherein the image further comprises the area inside of the vehicle.
18. The method of claim 9,
wherein the electrophoretic surface is sandwiched between flame-resistant films.
20. The method of claim 18,
wherein the flame-resistant films comprise
glass.
11. The method of claim 9,
wherein the electrophoretic surface comprises an electrophoretic coating.
Allowable Subject Matter
Claims 1-20 are allowable if the non-statutory double patenting rejection above is overcome (e.g. an eTerminal Disclaimer is filed).
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1:
The prior art, [Marin-Martinod; Thierry Emile Henri, US 20180352196 A1], discloses:
“A virtual window for an aircraft includes a frame having panels defining a cavity. The frame is configured to be positioned in an outer wall of the aircraft. The frame has a top, a bottom, a front, a rear, and opposite first and second sides. The front is configured to face a main cabin of the aircraft and the rear configured to face a skin of the aircraft. A display is received in the cavity and includes a screen at the front configured to face the main cabin. A camera is operably coupled to the display and is configured to be positioned in the outer wall and face an exterior of the aircraft. The virtual window includes a power source in the frame being electrically coupled to the display and the camera for powering the display and the camera,” as recited in the abstract.
Furthermore, the prior art, [Pullen, Anthony Edward et al., US 20040094422 A1], discloses:
“An electrophoretic medium (100) comprises at least one type of particle (108) suspended in a suspending fluid (106) and capable of moving therethrough on application of an electric field to the medium, the particles (108) including at least one electrophoretically mobile specularly reflective particle,” as recited in the abstract.
However, the prior art does not teach or suggest either singularly or in combination the at least claimed “wherein the electrophoretic surface comprises capsules filled by an anionic flame-resistant fluid”, in combination with the other recited claim features.
Regarding claims 2-10:
Claim(s) 2-10 depend(s) on claim 1 and is/are found allowable for at least the same reason as discussed above.
Regarding claim 1:
The prior art, [Marin-Martinod; Thierry Emile Henri, US 20180352196 A1], discloses:
“A virtual window for an aircraft includes a frame having panels defining a cavity. The frame is configured to be positioned in an outer wall of the aircraft. The frame has a top, a bottom, a front, a rear, and opposite first and second sides. The front is configured to face a main cabin of the aircraft and the rear configured to face a skin of the aircraft. A display is received in the cavity and includes a screen at the front configured to face the main cabin. A camera is operably coupled to the display and is configured to be positioned in the outer wall and face an exterior of the aircraft. The virtual window includes a power source in the frame being electrically coupled to the display and the camera for powering the display and the camera,” as recited in the abstract.
Furthermore, the prior art, [Pullen, Anthony Edward et al., US 20040094422 A1], discloses:
“An electrophoretic medium (100) comprises at least one type of particle (108) suspended in a suspending fluid (106) and capable of moving therethrough on application of an electric field to the medium, the particles (108) including at least one electrophoretically mobile specularly reflective particle,” as recited in the abstract.
However, the prior art does not teach or suggest either singularly or in combination the at least claimed “wherein the electrophoretic surface comprises capsules filled by an anionic flame-resistant fluid”, in combination with the other recited claim features.
Regarding claims 12-20:
Claim(s) 12-20 depend(s) on claim 1 and is/are found allowable for at least the same reason as discussed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
[Marin-Martinod; Thierry Emile Henri, US 20180352196 A1] discloses:
“A virtual window for an aircraft includes a frame having panels defining a cavity. The frame is configured to be positioned in an outer wall of the aircraft. The frame has a top, a bottom, a front, a rear, and opposite first and second sides. The front is configured to face a main cabin of the aircraft and the rear configured to face a skin of the aircraft. A display is received in the cavity and includes a screen at the front configured to face the main cabin. A camera is operably coupled to the display and is configured to be positioned in the outer wall and face an exterior of the aircraft. The virtual window includes a power source in the frame being electrically coupled to the display and the camera for powering the display and the camera,” as recited in the abstract.
[Pullen, Anthony Edward et al., US 20040094422 A1] discloses:
“An electrophoretic medium (100) comprises at least one type of particle (108) suspended in a suspending fluid (106) and capable of moving therethrough on application of an electric field to the medium, the particles (108) including at least one electrophoretically mobile specularly reflective particle,” as recited in the abstract.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Koosha Sharifi-Tafreshi whose telephone number is (571)270-5897. The examiner can normally be reached Mon - Fri 8AM to 5PM EST.
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/KOOSHA SHARIFI-TAFRESHI/ Primary Examiner, Art Unit 2628
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