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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In order to satisfy the written description requirement, the specification must provide a sufficient description of an invention, not an indication of a result that one might achieve. For the written description requirement, the determination of the sufficiency of the disclosure will require an inquiry into the sufficiency of both the disclosed hardware and the disclosed software. Examiners are instructed to determine whether the specification discloses the computer and the algorithm(s) that achieve the claimed function in sufficient detail that one of ordinary skill in the art can reasonably conclude that the inventor possessed the claimed subject matter at the time of filing, and if not, make a rejection under 35 U.S.C. 112(a) for lack of written description. Finally, with respect to the enablement requirement under 35 U.S.C. 112(a), although not everything necessary to practice the invention need be disclosed, a claim is sufficiently enabled only if no undue experimentation is needed across the entire scope of the claims, and explicitly notes that an applicant cannot rely on the knowledge of one skilled in the art to supply missing information required to enable the novel aspect of the claimed invention, since that information is, by definition, not known in the art.
The Specification fails to disclose the algorithms or the instructions or programs to set the touch electrode disposed below the patch antenna functioning as an antenna to the off state, set the patch antenna disposed above the touch electrode in an active state to an off state, set the plurality of patch antennas disposed above the touch electrode in the active state to the same potential to function as a portion of the touch sensor and display a user interface associated with a position in the touch sensor on the display and associates the detected contact position of the indicator with an input image displayed at the contact position in the display to determine the selected input image.
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 6-10 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.
To determine whether a word, term, or phrase coupled with a function denotes structure, the Examiners are instructed to check whether (1) the specification provides a description sufficient to inform one of ordinary skill in the art that a term denotes structure; (2) general and subject matter specific dictionaries provide evidence that the term has achieved recognition as a noun denoting structure; and (3) the prior art provides evidence that the term has an art recognized structure to perform the claimed function. If a limitation does invoke 35 U.S.C. 112(f), then the specification must disclose an algorithm for performing the claimed specific computer function, or else the claim is indefinite under 35 U.S.C. 112(b). Such an algorithm may be expressed in any understandable terms including as a mathematical formula, in prose, or as a flow chart, or in any other manner that provides sufficient structure. However, an Applicant cannot argue that one of ordinary skill in the art is capable of writing software to provide a missing algorithm. Nor can a partial algorithm, or algorithms of only some functions suffice – the entirety of the claimed functionality must be described algorithmically in the specification or figures.
The Specification and the claims fail to disclose and/or recite the algorithms or the instructions or programs to set the touch electrode disposed below the patch antenna functioning as an antenna to the off state, set the patch antenna disposed above the touch electrode in an active state to an off state, set the plurality of patch antennas disposed above the touch electrode in the active state to the same potential to function as a portion of the touch sensor and display a user interface associated with a position in the touch sensor on the display and associates the detected contact position of the indicator with an input image displayed at the contact position in the display to determine the selected input image.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Youk et al. (US 20210200379).
Regarding claim 1:
Youk et al. disclose (in Figs. 1 and 8) a display antenna comprising: a display (100 and 200) including a plurality of light emitters (210) arranged in a lattice pattern (See Fig. 1); a touch sensor (400) that is disposed to overlap the display (100 and 200; Fig. 9) and in which a plurality of touch electrodes (TE and TX) transmitting light in a wavelength band of a visible region are arranged in a lattice pattern (See Fig. 1); and an antenna array (defined by 510) that is disposed to overlap the touch sensor (400; 510 is overlapping 420) and in which a plurality of patch antennas (510) transmitting the light in the wavelength band of the visible region are arranged in a lattice pattern (See Figs.), wherein the touch electrode (TE and TX) also serves as a ground electrode (530) of the patch antenna (510) disposed above the touch electrode (Para. 0113, Lines 1-6).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Youk et al. (US 20210200379) in view of Yoshida (US 20190165486).
Regarding claim 2:
Youk et al. do not explicitly disclose a phase shifter disposed in a gap region interposed between the light emitters adjacent to each other, wherein the phase shifter is associated with at least one of the plurality of patch antennas, and the phase shifter is configured to shift a phase of a signal to be transmitted and received.
Yoshida discloses a phase shifter (34) wherein the phase shifter (34) is associated with at least one of the plurality of patch antennas (30), and the phase shifter (34) is configured to shift a phase of a signal to be transmitted and received (See Abstract; Para. 0071, Lines 8-11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the phase shifter associated with at least one of the plurality of patch antennas, and the phase shifter is configured to shift a phase of a signal to be transmitted and received as taught by Yoshida for the benefit of radiating radio waves in a specific direction from the antenna, thereby beamforming can be realized by controlling the directivity of radio waves to be transmitted (Para. 0090, Lines 4-7) for higher directivity.
Youk as modified are silent on that the phase shifter disposed in a gap region interposed between the light emitters adjacent to each other.
However, a plurality of thin film transistors (TFTs) (120) that can be implemented as a phase shifter are disposed in a gap region (250, 260) interposed between the light emitters (210).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the phase shifter disposed in a gap region interposed between the light emitters adjacent to each other as shown by Youk et al. for the benefit of simplifying a manufacturing process and to suppress a manufacturing cost (Para. 0295, Lines 8-9; Para. 0296, Lines 6-8).
Regarding claim 3:
Youk et al. do not explicitly disclose the phase shifter is connected to at least one of the plurality of patch antennas through a feeding electrode.
Yoshida discloses the phase shifter (34) is connected to at least one of the plurality of patch antennas (30) through a feeding electrode (31).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the phase shifter is connected to at least one of the plurality of patch antennas through a feeding electrode disposed in a through hole formed in the touch sensor as taught by Yoshida for the benefit of radiating radio waves in a specific direction from the antenna, thereby beamforming can be realized by controlling the directivity of radio waves to be transmitted (Para. 0090, Lines 4-7) for higher directivity.
Youk as modified are silent on that the phase shifter is disposed in a through hole formed in the touch sensor.
However, it would have been an obvious matter of design of consideration to implement the phase shifter is disposed in a through hole formed in the touch sensor to achieve a form factor acceptable by the design especially since the Applicant has not disclosed that this arrangement solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with arranging the phase shifter on the antenna layer.
Regarding claim 4:
Youk et al. do not explicitly disclose the phase shifter is connected to at least one of the plurality of patch antennas by electromagnetic coupling through a through hole formed in the touch sensor.
Yoshida discloses the phase shifter (34) is connected to at least one of the plurality of patch antennas (30) by electromagnetic coupling through a through hole formed in the touch sensor (Para. 0087, Lines 4-5; Para. 0089, Lines 1-4).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the phase shifter is connected to at least one of the plurality of patch antennas as taught by Yoshida for the benefit of radiating radio waves in a specific direction from the antenna, thereby beamforming can be realized by controlling the directivity of radio waves to be transmitted (Para. 0090, Lines 4-7) for higher directivity.
Regarding claim 5:
Youk et al. do not explicitly disclose the patch antenna is connected to the phase shifter disposed below the patch antenna by electromagnetic coupling through the through hole formed in the touch sensor.
Yoshida discloses the patch antenna (30) is connected to the phase shifter (34) disposed below the patch antenna (30) by electromagnetic coupling through the through hole formed in the touch sensor (Para. 0087, Lines 4-5; Para. 0089, Lines 1-4).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the phase shifter is connected to at least one of the plurality of patch antennas as taught by Yoshida for the benefit of radiating radio waves in a specific direction from the antenna, thereby beamforming can be realized by controlling the directivity of radio waves to be transmitted (Para. 0090, Lines 4-7) for higher directivity.
Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Youk et al. (US 20210200379) in view of Yoshida (US 20190165486) as applied to claim 1 above, and further in view of Lee et al. (US 20230223708).
Regarding claim 6:
Youk et al. do not explicitly disclose a controller that comprises a memory storing instructions; and a processor connected to the memory and configured to execute the instructions to switch a connection between the plurality of patch antennas included in the antenna array to configure a phased array antenna, switch on and off states of the plurality of touch electrodes included in the touch sensor to detect contact, and detect a contact position of an indicator according to a change in capacitance at an intersection of a row formed by the plurality of touch electrodes arranged in a row direction and a column formed by the plurality of touch electrodes arranged in a column direction.
Yoshida discloses a controller (20) that comprises instructions to switch (via 40) a connection between the plurality of patch antennas (24, 26) included in the antenna array to configure a phased array antenna, switch on and off states (via 40) of the plurality of touch electrodes (defined by 14) included in the touch sensor (14) to detect contact, and detect a contact position of an indicator according to a change in capacitance (Para. 0063, Lines 4-6) at an intersection of a row formed by the plurality of touch electrodes arranged in a row direction and a column formed by the plurality of touch electrodes arranged in a column direction (See Fig. 6; Para. 0005, Lines 5-13; Para. 0063, Lines 1-6; Para. 0064, Lines 1-7; Para. 0072, Lines 1-4).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement a controller that comprises a memory storing instructions; and a processor connected to the memory and configured to execute the instructions to switch a connection between the plurality of patch antennas included in the antenna array to configure a phased array antenna, switch on and off states of the plurality of touch electrodes included in the touch sensor to detect contact, and detect a contact position of an indicator according to a change in capacitance at an intersection of a row formed by the plurality of touch electrodes arranged in a row direction and a column formed by the plurality of touch electrodes arranged in a column direction as taught by Yoshida into device of Youk et al. for the benefit of achieving a touch display device having an antenna disposed in a panel, thereby improving product reliability while reducing manufacturing cost (See Abstract; Para. 0002, Lines 1-3)
Youk as modified are silent on that the controller comprises a memory storing instructions; and a processor connected to the memory and configured to execute the instructions.
Lee et al. disclose the controller (120) comprises a memory (130) storing instructions; and a processor (121) connected to the memory (130) and configured to execute the instructions (Para. 0079, Lines 1-6; Para. 0081, Lines 1-5).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the controller comprises a memory storing instructions; and a processor connected to the memory and configured to execute the instructions as taught by Lee et al. into the modified device of Youk for the benefit of programming the device to carry out sequentially, in parallel, repeatedly, or heuristically, or one or more of the operations may be executed in a different order or omitted, or one or more other operations may be added (Para. 0292, Lines 14-16).
Regarding claims 7-10:
Youk as modified do not explicitly disclose the processor of the controller is configured to execute the instructions to set the touch electrode disposed below the patch antenna functioning as an antenna to the off state as required by claim 7;
the processor of the controller is configured to execute the instructions to set the patch antenna disposed above the touch electrode in an active state to an off state as required by claim 8;
the processor of the controller is configured to execute the instructions to set the plurality of patch antennas disposed above the touch electrode in the active state to the same potential to function as a portion of the touch sensor as required by claim 9; and
the processor of the controller is configured to execute the instructions to display a user interface associated with a position in the touch sensor on the display and associates the detected contact position of the indicator with an input image displayed at the contact position in the display to determine the selected input image as required by claim 10.
Lee et al. disclose the processor (121) of the controller is configured to execute the instructions to set (stored in 130; Para. 0079, Lines 1-3).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the processor of the controller is configured to execute the instructions to set as taught by Lee et al. into the modified device of Youk for the benefit of programming the device to carry out sequentially, in parallel, repeatedly, or heuristically, or one or more of the operations may be executed in a different order or omitted, or one or more other operations may be added (Para. 0056, Lines 1-5; Para. 0292, Lines 14-16).
Youk as modified are silent on that the touch electrode disposed below the patch antenna functioning as an antenna to the off state; the patch antenna disposed above the touch electrode in an active state to an off state; the plurality of patch antennas disposed above the touch electrode in the active state to the same potential to function as a portion of the touch sensor; display a user interface associated with a position in the touch sensor on the display and associates the detected contact position of the indicator with an input image displayed at the contact position in the display to determine the selected input image.
Accordingly, it would have been an obvious matter of design consideration to implement the controller is configured to execute the instructions set to detect operational states especially since such design consideration would have been knowledge within the purview of one of ordinary skill in the art, thereby suggesting the obviousness of the design consideration.
Conclusion
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/BAMIDELE A IMMANUEL/Examiner, Art Unit 2845
/DIMARY S LOPEZ CRUZ/Supervisory Patent Examiner, Art Unit 2845