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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “configured to be embedded in” in claim 2, “configured to filter light” in claim 3, “configured to filter emitted light” in claim 3, and “configured to be electrically connected” in claim 15.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "a second plastic encapsulation layer" in line 3 of the claim. Claim 2 recites the limitation of “a driver chip, configured to be embedded in a second plastic encapsulation layer” and claim 3 depends from this claim. It is unclear whether the second plastic encapsulation layer of claim 2 and the second plastic encapsulation layer of claim 3 are the same therefore rendering the claim indefinite. Claims 4-16 depend from this claim and therefore inherit its deficiencies. These claims have not been examined on the merits. Appropriate action is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9684074 (Schrank et al).
Concerning claim 2, Schrank discloses a driver chip (2) (Figs. 6, 8 and col. 8 lines 4-23, note that the features of the driver chip disclosed in the earlier embodiments are disclosed as being formed in the embodiment as disclosed in Fig. 6), configured to be embedded in a second plastic encapsulation layer (3) (col. 2 lines 29-35, note the possible mold material is disclosed as plastic), the second plastic encapsulation layer provided on a front side thereof with a first structure (41) (Fig. 6), the driver chip comprising a main body (2), an input/output port and a photosensitive member (PD) (col. 5 lines 33-35 and col. 6 lines 1-3); the input/output port (21) and the photosensitive member (PD) disposed on a same side (Fig. 8 and col. 9 lines 1-14), and spaced apart from each other on the main body (Fig. 8), the main body disposed close to a back side of the second plastic encapsulation layer (Fig. 6), both the input/output port and the photosensitive member disposed close to the front side of the second plastic encapsulation layer (Fig. 6); wherein the input/output port and the photosensitive member in the driver chip are exposed from the front side of the second plastic encapsulation layer (Fig. 6), thereby enabling the first structure to be electrically connected on the front side of the second plastic encapsulation layer to the input/output port (Fig. 6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20220368100 discloses an optical device configuration with optical filters (Fig. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VALERIE N NEWTON whose telephone number is (571)270-5015. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHAD DICKE can be reached at (571) 270-7996. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VALERIE N NEWTON/Examiner, Art Unit 2897 03/06/26
/CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897