DETAILED ACTION
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/26/2026 has been entered.
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 1-19 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.
Regarding claim 1, the limitation “A pixel comprising…a plurality of apertures formed in the reflective layer, wherein the pixel overlaps one aperture of the plurality of apertures without overlapping any other aperture of the plurality of apertures in a plan view of the pixel” would render the claim indefinite with reasons as follow:
For the limitation “A pixel comprising:”, the preamble of claim 1 is directed to a structure of “A pixel” for a pixel 10 comprising claimed elements as shown in Figs. 1-2 (See Figs. 1-2 and paragraph 49 describing “With reference to FIGS. 1 and 2, a pixel 10”). Furthermore, claim 1 is directed to “A pixel comprising:…a plurality of apertures”, which is the pixel 10 comprising a plurality of apertures 141 (See Figs. 1-2 and paragraph 61 describing “a plurality of apertures 141”). Then, one skilled in the art would understand based on the claimed limitation and the specification of the instant application that claim 1 is directed to the pixel 10 comprising various claimed elements and the plurality of apertures 141, concluding that the pixel 10 as shown in Figs. 1-2 is overlapping the plurality of apertures 141 [underlying for clarity].
However, for the amended limitation “wherein the pixel overlaps one aperture of the plurality of apertures without overlapping any other aperture of the plurality of apertures in a plan view of the pixel”, Applicant states that Fig. 10 supports this limitation (Remarks dated 02/26/2026, page 2 “Support for the amendment can be found, for example, at least in Fig. 10 of the current application”). While Fig. 10 shows a pixel 10 overlapping a single aperture 141 (Fig. 10), it appears that the interpretation of “the pixel 10” in Fig. 10 is different than the interpretation of the pixel 10 in Figs. 1-2 comprising the plurality of apertures 141 since “the pixel 10” in Fig. 10 only includes the single aperture 141 while the pixel 10 in Figs. 1-2 include the plurality of apertures 141.
As such, with the limitation of claim 1 as discussed above as its entirety, it would be unclear to one of ordinary skill in the art to determine the metes and bounds of the claimed invention since “A pixel comprising:…a plurality of apertures” is directed to the pixel 10 comprising/overlapping the plurality of apertures 141 as shown in Figs. 1-2 while the amended limitation “A pixel comprising…the pixel overlaps one aperture of the plurality of apertures without overlapping any other aperture of the plurality of apertures in a plan view of the pixel” is directed to the pixel 10 comprising/overlapping the single aperture 141. In other words, the limitation of claim 1 as discussed above provides conflicting features for the pixel.
Claim 7 reciting “a pixel of the plurality of pixels comprises…a plurality of apertures formed in the reflective layer, wherein the pixel overlaps one aperture of the plurality of apertures without overlapping any other aperture of the plurality of apertures in a plan view of the pixel” is also rejected with the similar reason for rejecting claim 1 as discussed above. Claims 2-6 and 8-19, which depend from claims 1 and 7, are also rejected by virtue of their dependencies.
Response to Arguments
Applicant’s arguments with respect to amended claims have been considered but are moot in view of new grounds of rejections as set forth above in this Office Action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL B WHALEN whose telephone number is (571)270-3418. The examiner can normally be reached on M-F: 8AM-5PM.
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/DANIEL WHALEN/Primary Examiner, Art Unit 2893