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
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 1-15 and 17-20 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 claim(s) contains 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. Limitations “moveable annular emitting region” and “moveable vascular reflection-sensing region” are not disclosed by the specification. It does not make sense that the region is movable since there is guidance for the finger to move to capture the signal better. The finger moves to the sensing region therefore the sensing region is stationary and not move. Limitations “first subset of the plurality of pixel groups by enabling light-emitting pixels of the first subset and/or disabling light-sensing pixels of the first subset” and “a second subset of the plurality of pixel groups adjacently surrounded by the first subset by disabling light-emitting pixels of the second subset and enabling light- sensing pixels of the second subset” are not disclose by the specification. As see in paragraph [0099], the specification only discloses “When the finger is located in the sensing region, the panel driver 505 may perform a PPG sensing operation to generate a first PPG signal. For example, as illustrated in FIG. 17, to perform the PPG sensing operation, the panel driver 505 may drive the light emitting pixels EL_PX of the pixel groups 515 located in an adjacent region 580 adjacent to a sensing region 570 (e.g., the adjacent region 580 surrounding the sensing region 570) to emit light, and may drive the light sensing pixels OPD_PX of the pixel groups 515 located in the sensing region 570 to sense the light reflected from the blood vessel of the finger of a user”. It is not clear if the specification discloses disabling light emitting pixels of the second subset and disabling light sensing pixels of the first subset. Further, light emitting pixels region 580 and light sensing pixel region 570 only enabling when the finger is located in the sensing region. Applicant should claim as the application disclose.
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 1-15 and 17-20 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. Limitations “includes a first sub-image in the annular emitting region… sense first sub-image light reflected from an internal blood vessel of the appendage when the appendage is located directly on the vascular reflection-sensing region” and “a second sub-image in the annular emitting region different than the first sub-image… sense second sub-image light reflected from an internal blood vessel of the appendage when the appendage is tilted in the at least one direction directly on the vascular reflection-sensing region” is not clear. Examiner understand these sub-images and tilt guidance image as see Fig. 5A, the tilt guidance image as the arrow and words tell user to “please tilt finger to left” and first sub-image, second sub-image as the image of the finger shows on screen. It is not clear how one can sense first sub-image, second sub-image light reflected from an internal blood vessel. One sense light reflected by the finger internal blood vessel in regions 580 and 570. It is not clear what features first and second sub-image represent.
See the prior art made of record and not relied upon is considered pertinent to applicant's disclosure US 20200037960 (see Fig. 13; annular emitting and transmitting region). This reference appears to read on the amended limitations in independent claims without the “movable emitting and sensing region”. Examiner suggests amend limitation “each of the first and second PPG sensing operations is non-occluding…” to the independent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0133241 (see Fig. 18C; graphic/image that guide finger placement); US 20120016245 (see Fig. 3; LEDs to transmit light for sensing surround the detector PD); US 20200201117 (see Fig. 11 and [0082]; the infrared emitting region C surrounding the fingerprint sensing region B); US 20220366720 (see [0097] and Fig. 10-11; light emitting region surround light receiving/sensing region) and US 20200037960 (see Fig. 13; annular emitting and transmitting region).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 THREE MONTHS from the mailing date of this action. In the event a first reply is filed 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 the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3797
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