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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/863,854, filed on 07/13/2022.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-32 of U.S. Patent No. 12,002,408 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1 and 32 of the instant application and Claims 1 and 32 of U.S. Patent No. 12,002,408 B2 are similar, because both Claims 1 and 32 of the instant application and Claims 1 and 32 of U.S. Patent No. 12,002,408 B2 are claiming same claim subject matters.
18/732,257 U.S. Patent No. 12,002,408 B2
Claim 32. A display device comprising:
Claim 32. A display device comprising:
a display panel including a display area in which a display image is displayed and a shift area located within the display area; and
a display panel including a display area in which a display image is displayed and a shift area located within the display area; and
a display panel driver configured to drive the display panel and to perform a display image shifting operation by shifting a reference point of the display image along a reference point shifting path in the shift area,
a display image shift controller which generates a route shift signal, wherein a reference point of the display image is shifted in the shift area based on a preset route included in the route shift signal,
wherein the reference point shifting path includes a preset route including first to nᵗʰ sub-routes,
Wherein the preset route includes first to nᵗʰ sub-routes,
wherein n is an integer greater than or equal to 2, wherein the first to nᵗʰ sub-routes are different from each other, and
wherein n is an integer greater than or equal to 2,
the first to nᵗʰ sub-routes are different from each other, and
wherein a path of the reference point corresponding to the first sub-route and a path of the reference point corresponding to the second sub-route cross each other.
a path of the reference point based on the first sub-route and a path of the reference point based on the second sub-route cross each other.
18/732,257 U.S. Patent No. 12,002,408 B2
Claim 1. A display device comprising:
Claim 1. A display device comprising:
a display panel including a display area in which a display image is displayed and a shift area located within the display area; and
a display panel including a display area in which a display image is displayed
and a shift area located within the display area; and
a display panel driver configured to drive the display panel and to perform a display image shifting operation by shifting a reference point of the display image along a reference point shifting path in the shift area,
a display image shift controller which generates a route shift signal, wherein a reference point of the display image is shifted in the shift area based on the route shift signal,
wherein the reference point shifting path includes a first route including a first sub-route and a second sub-route which cross each other and a second route including a third sub-route and a fourth sub-route which cross each other, the first, second, third, and fourth sub-routes being different from each other.
wherein the route shift signal includes first and second routes, each corresponding to a path through which the reference point of the display image is shifted, the first route includes a first sub-route and a second sub-route. wherein a path of the reference point corresponding to the first sub-route and a path of the reference point corresponding to the second sub-route cross each other, the second route includes a third sub-route and a fourth sub-route, and the first, second, third, and fourth sub-routes are different from each other.
Claims 2-31 of the instant application are rejected for same reasons as Claims 2-31 of U.S. Patent No. 12,002,408 B2, because both Claims 2-31 of the instant application and Claims 2-31 of U.S. Patent No. 12,002,408 B2 are claiming same claim subject matters.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al
(US 20180012530 A1 in IDS).
Regarding Claim 1, Lee et al teaches a display device (10 in Fig.1) comprising: a display panel
(240 in Fig.1) including a display area in which a display image is displayed and a shift area located within
the display area (see Paragraph [0052] “… the processor outputs a second image data signal that includes shift information to shift a display of the current frame image along a shift route of the display panel. The shifting of the display of the image along a shift route to disperse the pixel stress may reduce or prevent the generation of an afterimage displayed by the overly-stressed pixels.”); and
a display panel driver configured to drive the display panel and to perform a display image shifting
operation by shifting a reference point of the display image along a reference point shifting path in the
shift area (see Figs. 4A, 4B; Paragraph “[0077] The shift route of the current frame image may include, for example, a first route DI1 extended from a first point P1 to a second point P2, and a second route DI2 extended from the second point P2 to a third point P3. As shown in FIG. 4A, the first point P1 and the third point P3 may be positioned in a substantially central area of the image display area DA, and the second point P2 may be positioned in a substantially outer peripheral display area of the image display area DA of the display panel 240.
[0078] In this embodiment of the inventive concept, the first route DI1 starts at a substantially central display area P1 of the display unit, and prior to reaching the endpoint P2, has a path around a substantially outer peripheral display area surrounding most of the path of the second route DI2. However, a person of ordinary skill in the art should understand and appreciate that various arrangements of pixel shift routes in addition to the examples shown herein are within the scope of the inventive concept. “),
wherein the reference point shifting path includes a first route including a first sub-route and a
second sub-route which cross each other and a second route including a third sub-route and a fourth
sub-route which cross each other, the first, second, third, and fourth sub-routes being different from
each other (see Figs. 4A, 4B; Paragraph [0077] The shift route of the current frame image may include, for example, a first route DI1 extended from a first point P1 to a second point P2, and a second route DI2 extended from the second point P2 to a third point P3. As shown in FIG. 4A, the first point P1 and the third point P3 may be positioned in a substantially central area of the image display area DA, and the second point P2 may be positioned in a substantially outer peripheral display area of the image display area DA of the display panel 240. Further, the first route DI1 and the second route DI2 may not overlap each other, and each of the first route DI1 and the second route DI2 may be formed in a maze form surrounding each other.”),
[0083] For example, the shift route of the current frame image may include a third route DI3 extended from the first point P1 to the second point P2, a fourth route DI4 extended from the second point P2 to a fourth point P4, a fifth route D15 extended from the fourth point P4 to a fifth point P5, and a sixth route DI6 extended from the fifth point P5 to the third point P3.”).
Regarding Claim 5, Lee et al teaches the display device wherein the reference point is initially located at a center of the display image (see Paragraph [0087] For example, when it is assumed that the center of the current frame image is displayed at the first point P1, the display unit 200 may shift display of the center of the current frame image to the second point P2 along the third route DI3 whenever receiving the second image data DATA2, and then shift the display of the center of the current frame image to the fourth point P4 along the fourth route DI4, shift display of the center of the current frame image to the fifth point P5 along the fifth route DI5, and shift display of the center of the current frame image to the third point P3 along the sixth route DI6, and display the current frame image.”).
Allowable Subject Matter
Claims 2-4 and 6-32 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lim et al (US 20240379048 A1), Lee (US 12223873 B2), Park et al (US 11961435 B2), and Lim et al (US 12400582 B2) teach a display device that displays a display image by using a display image shift scheme.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIJAY SHANKAR whose telephone number is (571)272-7682. The examiner can normally be reached M-F 9 am- 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Eason can be reached at 571-270-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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VIJAY SHANKAR
Primary Examiner
Art Unit 2624
/VIJAY SHANKAR/Primary Examiner, Art Unit 2624