DETAILED ACTION
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 26, 2026, has been entered.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The previously indicated allowable subject matter is withdrawn in view of the newly discovered reference to Kang et al. Rejections based on the newly cited reference follow.
Claim Rejections - 35 USC § 112
The prior §112 rejections are withdrawn in view of the amended claims.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 2022/0165911).
(Re Claims 1-5 and 7-10) Kang teaches (see Figs. 8-14 and 23-28, abstract, and ¶¶ 7-29,185-324) an apparatus for manufacturing a display device, comprising: a panel cell disposed on a stage and comprising a first alignment line and a second alignment line extending in at least one direction; an electric field applying part which supplies configured to supply a first alignment signal and a second alignment signal to the panel cell; a light emitting element aligned between the first and second alignment lines; a voltage output part that generates and outputs the first and second alignment signals; an amplifier that amplifies the first and second alignment signals and supplies the amplified first and second alignment signals to the electric field applying part; a controller that supplies a control signal for determining waveforms of the first and second alignment signals to the voltage output part; an emission driver that receives an emission timing signal from the controller and outputs an emission driving signal; and a light irradiation part that receives the emission driving signal from the emission driver and irradiates light to the panel cell, wherein the electric field applying part supplies the first and second alignment signals having a potential difference to the first and second alignment lines, respectively, during a first period, and supplies the first and second alignment signals having a same potential to the first and second alignment lines, respectively, during a second period after the first period (see discussion below);
(Re Claim 2) wherein the electric field applying part supplies : the first alignment signal during the first period as an alternating current (AC) signal oscillating with a frequency, and the second alignment signal during the first period as a direct current (DC) signal having a voltage; (Re Claim 3) wherein the electric field applying part supplies the first and second alignment signals during the first period as AC signals oscillating with a frequency, and wherein the first and second alignment signals have different phases from each other; (Re Claim 4) wherein the electric field applying part supplies the first and second alignment signals during the second period as AC signals oscillating with a same frequency and phase; (Re Claim 5) wherein the electric field applying part supplies each of the first and second alignment signals during the second period as one of a sine wave, a square wave, a triangle wave, a pulse wave, a sawtooth wave, a sawtooth composite wave, and a reverse sawtooth composite wave; (Re Claim 7) wherein the electric field applying part supplies the first and second alignment signals having a potential difference to the first and second alignment lines, respectively, during a third period after the second period; (Re Claim 8) wherein the electric field applying part supplies: the first alignment signal during the third period as an AC signal oscillating with a frequency, and the second alignment signal during the third period as a DC signal having a voltage; (Re Claim 9) wherein the electric field applying part supplies the first and second alignment signals during the third period as AC signals oscillating with a frequency, and wherein the first and second alignment signals have different phases from each other; (Re Claim 10) wherein the electric field applying part supplies each of the first and second alignment signals during the third period as one of a sine wave, a square wave, a triangle wave, a pulse wave, a sawtooth wave, a sawtooth composite wave, and a reverse sawtooth composite wave.
Applicant is reminded of MPEP §2114 and §2115. The claims of the instant application are drawn to an apparatus. “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). “Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim.” Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, “[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims.” In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)).
Kang’s disclosed apparatus (see Figs. 8-10 and supporting text in ¶¶185-324) includes all of the structural features of the claimed apparatus: stage 1100, electric field applying parts 1500 and 1600, voltage output part 1430, amplifiers 1410-1420, controller 1900, emission drivers 1730-1732, light irradiation parts 1700-1720. While Kang is silent regarding operating the apparatus in the claimed manner, based on the detailed description of the apparatus and its operation (see ¶¶185-324), it is obvious Kang’s apparatus further includes all of the necessary capability and functionality, e.g. the apparatus can supply two different alignment signals of different voltages, variable timing and delay (and therefore period and phase as well), AC and DC signals (and combinations thereof), various waveform shapes (e.g. square, sawtooth, reverse sawtooth, etc. and combinations thereof), and therefore may be operated in the same manner as claimed.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIK T. K. PETERSON whose telephone number is (571)272-3997. The examiner can normally be reached M-F, 9-5 pm (CST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Manno can be reached at 571-272-2339. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIK T. K. PETERSON/ Primary Examiner, Art Unit 2898