DETAILED ACTION
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 5-6 and 17-23 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Yamano (US 8,912,986).
Referring to claim 1, Yamano discloses a display apparatus (fig. 1, display device 100), comprising
a working area (fig. 1, area of display unit 120) and a non-working area (fig. 1, border area of casing 110),
wherein the non-working area presents a first color or a first pattern (fig. 1, color/pattern of casing 110, e.g., black), and
wherein the display apparatus comprises a display module (fig. 2, display unit 120), and the display module comprises a transparent display unit (fig. 2, transparent display 124) located in the working area (fig. 1, area of display unit 120),
wherein the display module comprises an electronic paper unit (fig. 2, electronic paper 122) located at a side of the transparent display unit (fig. 3, lower side of transparent unit 124) away from a display surface of the transparent display unit (fig. 3, away from display surface above transparent unit 124), and
the electronic paper unit (fig. 6A, electronic paper 122) comprises a first sub-portion (fig. 6A, areas C1/C2/C3; fig. 6B, areas D1/D2/D3; fig. 5, areas B1/B2/B3) located in the working area (fig. 2, area of display unit 120),
wherein the display module has a first state (4:1-6, display-on state; fig. 6A, with news journal 122) and a second state (4:1-6, display-off state; fig. 6B, without news journal 124),
wherein, in the first state, the transparent display unit displays working image (fig. 5, displaying news journal information A1; fig. 6A, news journal 122), while the first sub-portion displays dark-colored image (fig. 6A, areas C1/C2/C3; 8:6-9, in black or dark color), and
wherein, in the second state, the transparent display unit does not display working image (fig. 6B, no new journal 124; 4:66-5:7, transparent display 124 being transparent), while image displayed by the first sub-portion is related to (fig. 6B, areas D1/D2/D3; 6:3-7, displayed electronic paper 122) the first color or the first pattern.
As to claim 5, Yamano discloses the apparatus of claim 4, wherein in the second state, a texture of a pattern displayed by the first sub-portion has a same background color and texture color (fig. 6B, areas D1/D2/D3) as a texture of the first pattern.
As to claim 6, Yamano discloses the apparatus of claim 4, wherein, in the second state, the first sub-portion displays the first color (fig. 6A, areas C1/C2/C3; 8:6-9, black/dark color).
As to claim 17, Yamano discloses the apparatus of claim 1,
wherein the display apparatus comprises a carrier module (fig. 7, casing 110), and
a portion of the carrier module (fig. 7, casing 110 around display 120) exposed by the display module is located in the non-working area and presents the first color or the first pattern (fig. 1, color/pattern of casing 110, e.g., black).
As to claim 18, Yamano discloses the apparatus of claim 17, wherein the display module is embedded into the carrier module (fig. 1, display 120 embedded into casing 110).
As to claim 19, Yamano discloses the apparatus of claim 17,
wherein the carrier module comprises a first surface (fig. 1, top surface of casing 110), the display module has a light exiting surface (fig. 3, top surface of display unit 120), the first surface and the light exiting surface face to a same direction (fig. 1, top/surface direction), the first surface is exposed by the light exiting surface, and the first surface has the first pattern (fig. 1).
As to claim 20, Yamano discloses the apparatus of claim 19, wherein a segment difference between the first surface and the light exiting surface is less than 100um (fig. 1, continuous surfaces for 110/120).
As to claim 21, Yamano discloses the apparatus of claim 19, wherein the first surface and the light exiting surface are continuous (fig. 1, continuous surfaces for 110/120).
As to claim 22, Yamano discloses the apparatus of claim 17,
wherein the display module comprises an ink layer (fig. 3, electronic paper 122 layer) located at a side (fig. 3, bottom side of transparency display unit 122) of the display surface of the transparent display unit,
the ink layer presents the first color or a pattern of the ink layer is related to the first pattern (fig. 6A, areas C1/C2/C3; 8:6-9, in black or dark color).
As to claim 23, Yamano discloses the apparatus of claim 1,
wherein the display module comprises a cover plate (fig. 1, casing 110) located at a side of the display module and in the working area (fig. 1, inner side surrounding transparent display unit 120); and
the display apparatus comprises a first module (fig. 3, operation unit 160, sound output unit 130 etc.; fig. 1, buttons) located at a side (fig. 1, bottom of casing 110) of the cover plate and in the non-working area, and the first module presents the first color or the first pattern.
Response to Arguments
Applicant’s arguments have been fully considered, but they are not deemed to be persuasive.
Applicant argues that Yamano does not disclose exclusive control logic and technical purpose of the second state as required by the claimed invention (pp. 10-11).
Initially, examiner reminds applicant’s arguments should direct specifically to claim language. In present claim, the claim scope of “second state” includes the display layer being transparent as in an off-state. Further, there is nothing required in the claim against such an interpretation.
Applicant argues that Yamano does not disclose a matching correlation between the electronic paper display and the decorative color pattern of the non-working area (p. 11).
Provided the claimed sub-portion is a portion of the electronic paper, the claim requires “the sub-portion is related to the first color or the first pattern”. Examiner suggest rephrase or clarify “related” in the claim. For example, the scope of “related” in undefined such that any patter displayed in the sub-portion can be viewed as related.
Applicant argues that Yamano does not disclose the switchable dual-state synergistic architecture of working display state with decorative hiding state (pp. 11-12).
Examiner suggests applicant direct arguments to claim language, rather than a general direction of limitations that are not required in present claims.
Applicant did not traverse or amend the claim interpretation under 35 USC 112(f) for claims 9, 13 and 27 set forth in previous Office action.
Examiner acknowledges rejoinder requests, and agree those withdrawn claims will be rejoined once elected claims are found with allowable subject matters.
Conclusion
This action is made final. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire in three months from the mailing date of this action. In the event a first reply is filled within two months of the mailing date of this final action and the advisory action is not mailed until after the end of the three-month shortened statutory period, then the shortened statutory period will expire on the date of the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than six months from the date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to examiner Cheng-Yuan Tseng whose telephone number is (571)272-9772, and fax number is (571)273-9772. The examiner can normally be reached on Monday through Friday from 09:00 to 17:30 Eastern Time. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Harrington can be reached on (571)272-2330. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866)217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call (800)786-9199 (IN USA OR CANADA) or (571)272-1000.
/CHENG YUAN TSENG/Primary Examiner, Art Unit 2615
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