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 .
DETAILED ACTION
The instant application having Application No. 18456315 filed on 08/25/2023 is presented for examination by the examiner.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by e M.P.E.P. 201.04, 210, 214.03, acknowledgement is made of applicant’s claim for priority based on continuation of 18256134, filed 06/06/2023, which is a National Stage entry of application PCT/US2021/061819 with international filing date of 12/03/2021 that claims priority from provisional application 63122851, filed 12/08/2020.
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
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 1-22 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 1 recites the limitation where “at least one of the finger electrodes is part of the first and second groups and receives the same voltage in the first and second clock cycles” in last 3 lines of the claim. Similarly Claim 19 recites that “the given one of the electrodes is driven at the same voltage during the first and second clock cycles.” However, these limitations are confusing because it is unclear how it can be interpreted, given that it is unclear how, or in what way, can one or more electrodes be part of two groups of electrodes? Can the groups of electrodes be different and separate groups or same groups, or overlapping groups that receive voltage(s) at different times, clock cycles? Furthermore it is unclear, how is the one or more electrodes shared in two groups? As being connected with specific circuitry, or being addresses and controlled such that it receives the same voltage in two different cycles? For the purposes of examination, the limitation will be treated broadly such that either options may read on the claim limitation. It is suggested to amend the claim and provide explanations in order to remove the indefiniteness issue.
Claim 13 recites the limitation for “the first number” in the last line of the claim. There is insufficient antecedent basis for this limitation in the claim. Specifically, it is unclear as to what is the first number referred to, e.g. the number of transparent conductive electrodes i.e. in second or subsequent groups of transparent conductive electrodes, or the number of digital-to-analog converter circuits? It is suggested to amend the claim and provide explanations in order to remove the indefiniteness issue.
Claims 1, 13 and 19 are directed to an apparatus, but many of the limitations thereof are procedural steps of using said apparatus. For example the claim recite that “digital-to-analog converter circuits that provide voltages to the array of finger electrodes”; “switching circuitry that couples the digital-to-analog converter circuits”; and “a first number of digital-to-analog converter circuits that provide voltages”, “witching circuitry that sequentially couples and decouples the first number of digital-to-analog converter circuits”, “the switching circuitry advances the digital-to-analog converter circuits”, and “the given one of the electrodes is driven at the same voltage during the first and second clock cycles”. However, it is unclear if the above elements are configured or programmed for providing voltages, coupling circuits or driving electrodes, or if those elements are capable of such actions and operations. These steps will be interpreted in terms of the structural limitations that they imply to the extent understood by the examiner and only the structural limitations therein will be given patentable weight. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 97 USPQ2d 1737 (Fed. Cir. 2011).(See MPEP 2173.05(p) sec. II). It is suggested to amend the claim and/or provide explanations in order to remove the indefiniteness issues.
Claims 2-12 depend on claim 1 and therefore inherit the same deficiencies.
Claims 14-18 depend on claim 13 and therefore inherit the same deficiency.
Claims 20-22 depend on claim 19 and therefore inherit the same deficiencies.
Potentially Allowable Subject Matter
Claims 1, 13 and 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Reasons for Potentially Allowable Subject Matter
The prior art taken either singly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 USC 102 or 103 would be improper.
Regarding claim 1, the closest prior art of Yadin et al. (hereafter Yadin) US 20190113772 A1, teaches (see Figs.1-8) an adjustable lens (i.e. tunable lenses 20 for spectacles, see Abstract, paragraphs [02, 08-26, 40-52, 58-65, 66-76]), comprising: an electrically modulated optical material interposed between first and second transparent substrates (e.g. modulator(s) 40(A,B) with electro-optical layer 46, between substrates 42, 44, see Figs. 2-3, paragraphs [40-52, 58-65]); a common electrode on the first transparent substrate (common electrode 52 on 44, paragraphs [40-52, 58-65]);
an array of finger electrodes on the second transparent substrate that adjust a phase profile of the electrically modulated optical material (stripe electrodes 50 to generate a specified phase modulation profile in the active area of the electro-optical layer 46, abstract, paragraphs [39-52]);
digital-to-analog converter circuits that provide voltages to the array of finger electrodes (control chips COGs 92 that provide voltages to electrodes 50, paragraphs [21, 66-72]); and
switching circuitry (i.e. control and setting circuit 82, 110 for 92, paragraphs [21-22, 72-76]) that couples the digital-to-analog converter circuits to a first group of finger electrodes in the array of finger electrodes during a first clock cycle and that couples the digital-to-analog converter circuits to a second group of finger electrodes during a second clock cycle (i.e. as 82, 110 controls 92s applying voltages to corresponding electrodes of each 92 during clock signal and its rate, paragraphs [21-22, 68, 72-76]).
However, regarding claim 1, the prior art taken of Yadin either singly or in combination with any other prior art fails to anticipate or fairly suggest such an adjustable lens including the specific arrangement where at least one of the finger electrodes is part of the first and second groups and receives the same voltage in the first and second clock cycles, and in combination with all other claimed limitations of claim 1.
Regarding claim 13, the closest prior art of Yadin et al. (hereafter Yadin) US 20190113772 A1, teaches (see Figs.1-8) an adjustable lens comprising (i.e. tunable lenses 20 for spectacles, see Abstract, paragraphs [02, 08-26, 40-52, 58-65, 66-76]), a stack of liquid crystal cells (e.g. modulator(s) 40(A,B) each with electro-optical layer 46 of liquid crystal in envelope 26, where 46 is between substrates 42, 44, see Figs. 2-3, paragraphs [40-52, 58-65]), wherein each liquid crystal cell comprises:
liquid crystal material interposed between first and second substrates (46, between substrates 42, 44, see Figs. 2-3, paragraphs [40-52, 58-65]);
at least one array of transparent conductive electrodes that adjust a phase profile of the liquid crystal material (40A,B with stripe electrodes 50 to generate a specified phase modulation profile in the active area of the electro-optical layer 46, abstract, paragraphs [39-52]);
a first number of digital-to-analog converter circuits that provide voltages to the array of transparent conductive electrodes (control chips COGs 92 that provide voltages to electrodes 50, paragraphs [21, 66-72]); and
switching circuitry (i.e. control and setting circuit 82, 110 for 92, paragraphs [21-22, 72-76]) that sequentially couples and decouples the first number of digital-to-analog converter circuits to different groups of transparent conductive electrodes in the array (i.e. as 82, 110 controls 92s applying voltages to corresponding electrode groups of each 92 during clock signal and its rate, paragraphs [21-22, 68, 72-76]), wherein with each clock cycle, the switching circuitry advances the digital-to-analog converter circuits from group-to-group (as 82, 110 controls 92s applying voltages to corresponding electrode groups of each 92 during clock signal given its rate, paragraphs [21-22, 68, 72-76]).
However, regarding claim 13, the prior art taken of Yadin either singly or in combination with any other prior art fails to anticipate or fairly suggest such an adjustable lens including the specific arrangement where the switching circuitry advances the digital-to-analog converter circuits from group-to-group by a second number of the transparent conductive electrodes(50) that is less than the first number, and in combination with all other claimed limitations of claim 13.
Regarding claim 19, similarly to claim 1, the closest prior art of Yadin et al. (hereafter Yadin) US 20190113772 A1, teaches (see Figs.1-8) eyeglasses (i.e. spectacles with tunable lenses 20, see Abstract, paragraphs [02, 08-26, 40-52, 58-65, 66-76]), comprising
a housing (spectacle frame, abstract, paragraphs [09, 15, 40, 58]);
an adjustable lens in the housing having a liquid crystal cell (tunable lens 20 with modulator 40 with electro-optical layer 46 of liquid crystal in envelope 26, see Figs. 2-3, paragraphs [40-52, 58-65]), and
an array of electrodes (50) that receive voltages to adjust a phase profile of the liquid crystal cell stripe electrodes 50 to generate a specified phase modulation profile in the active area of the electro-optical layer 46, abstract, paragraphs [39-52]),
wherein the array of electrodes includes first and second groups of electrodes (different electrodes 50 to different control chips 92, paragraphs [21, 66-72]) and wherein a given one of the electrodes is part of the first and second groups (i.e. as given one electrode 50 in first and second group of associated 92, paragraphs [21, 66-72]); and
driving circuitry that is coupled to the first group of the electrodes and decoupled from the second group of electrodes during a first clock cycle and that is coupled to the second group of electrodes and decoupled from the first group of electrodes during a second clock cycle (i.e. control and setting circuit 82, 110 coupling to first 92 with electrodes and coupling to second 92 with electrodes 50 during associated clock signal, and given its rate, as they are synchronized to common clock signal, e.g. paragraphs [21-22, 68, 72-76]), paragraphs [21-22, 72-76]), wherein the given one of the electrodes is driven at the same voltage during the first and second clock cycles.
However, regarding claim 19, the prior art taken of Yadin either singly or in combination with any other prior art fails to anticipate or fairly suggest such eyeglasses with adjustable lens including the specific arrangement where the driving circuit provides that the given one of the electrodes is driven at the same voltage during the first and second clock cycles, and in combination with all other claimed limitations of claim 19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
No et al. US 20170200420 A1 discloses that electrodes in different groups can be switched with overlapping times (see Figs. 1-3 and their descriptions), as do Mochizuki et al. US 20050052390 A1 (see Figs. 1-3 and their descriptions), and Aitken et al. US 6850212 B (see Figs. 3-7 and their descriptions), but not the driving and switching circuitry recited in claims 1, 13 and 19.
Yardin et al. US 20170068134 A1 also discloses features of the adjustable lens (see figs. 1-4, 12, 20 and their descriptions).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas K Pham can be reached at (571)272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIN PICHLER/Primary Examiner, Art Unit 2872