Notice of Pre-AIA or AIA Status
The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
This application is a continuation of International Application No. PCT/CN2023/085431, filed 31 March 2023, which designated the United States; the benefit claim under 35 U.S.C. 120 and 365(c) is acknowledged. No foreign priority is claimed.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character ‘22’ has been used to designate both the second driving unit (e.g., Fig. 3; Instant Specification Paragraphs 49–50, as filed) and the third driving unit (Fig. 7, the unit beneath the second light-emitting device 12; Instant Specification Paragraphs 64–67, as filed).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: ‘23’ (third driving unit, Instant Specification Paragraph 37, as filed).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are further objected to under 37 CFR 1.84(p)(4) because Figs. 6, 7 and 8 each label the third driving chip as ‘32(20,21)’, indicating that the control unit 20 and the first driving unit 21 are integrated in chip 32, whereas the description states that the first driving unit 21 and the second driving unit 22 are integrated in the third driving chip 32 (Instant Specification Paragraphs 63 and 67, as filed) and that the control unit 20 is integrated in the second peripheral control chip 35, which Fig. 7 separately labels ‘35(20)’ (Instant Specification Paragraph 67, as filed).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
first light-emitting device in claims 1, 7, 8, 9 and 20,
first driving unit in claims 1, 7, 8 and 20,
second driving unit in claims 1, 7 and 20,
second light-emitting device in claims 8, 9 and 10,
third driving unit in claims 8 and 10, and
control unit in claim 8,
and, by dependency, in each claim depending from a claim listed (claims 2, 7, 8, 9 and 10 from claim 1; claims 9 and 10 from claim 8).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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, 2, 7-10 and 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 pre-AIA the applicant regards as the invention.
Claims 1 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, due to the claimed subject matter: “a plurality of the first light-emitting devices” and “the first light-emitting device”.
Each claim first recites at least one first light-emitting device.
There is insufficient antecedent basis for the plural the first light-emitting devices recited in the device-layer limitation, and it is unclear whether the singular the first light-emitting device recited four times in the driving-unit limitation refers to one of the plurality, to every one of them, or to a different device.
Claim 7 further recites the respective first light-emitting devices, which has the same insufficient antecedent basis.
It would be unclear to one having ordinary skill in the art what the metes, bounds, scope, and meaning of the above limitation are intended to be.
Claims 1 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, due to the claimed subject matter: “to cause the first light-emitting device to emit a light signal while display”.
The phrase is amenable to two plausible constructions: while display may be read as a noun (a light signal emitted while a display, i.e., in the presence of, or by way of, a display), or as an elliptical gerund (a light signal emitted while displaying, i.e., during a display operation).
Where a claim is amenable to two or more plausible claim constructions, the claim is indefinite. Ex parte Miyazaki, 89 USPQ2d 1207 (BPAI 2008) (precedential); MPEP §§ 2173.02, 2173.05(b).
It would be unclear to one having ordinary skill in the art what the metes, bounds, scope, and meaning of the above limitation are intended to be.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, due to the claimed subject matter: “the oscillation current generated by the second driving unit”.
Claim 1 recites an oscillating current; there is insufficient antecedent basis for the oscillation current, and it is unclear whether the two terms refer to the same current.
It would be unclear to one having ordinary skill in the art what the metes, bounds, scope, and meaning of the above limitation are intended to be.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, due to the claimed subject matter: “the number of switching times of the first light-emitting device is not less than 106”.
The phrase is amenable to two plausible constructions: a switching time may be each transition of the first light-emitting device between its on state and its off state, or each complete on-and-off cycle.
The two conventions differ by a factor of two, so the threshold recited changes with the construction adopted, and the specification, which speaks of the device flashing a number of times within a frame time and of its switching frequency (Instant Specification Paragraphs 50 and 66, as filed), does not settle which is meant.
Where a claim is amenable to two or more plausible claim constructions, the claim is indefinite. Ex parte Miyazaki, 89 USPQ2d 1207 (BPAI 2008) (precedential); MPEP §§ 2173.02, 2173.05(b).
It would be unclear to one having ordinary skill in the art what the metes, bounds, scope, and meaning of the above limitation are intended to be.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, due to the claimed subject matter: “the third driving unit is plural in number” and that “the second light-emitting device and the third driving unit are arranged in one-to-one correspondence”.
It is unclear how a plurality of third driving units correspond one-to-one with the singular second light-emitting device recited in claim 8.
It would be unclear to one having ordinary skill in the art what the metes, bounds, scope, and meaning of the above limitations are intended to be.
Claims 2 and 7-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being dependent upon one or more rejected base claims and thereby incorporating the indefinite subject matter of claim 1 (claims 9 and 10 through claim 8), in addition to the defects of their own set forth above; the further limitations of claims 2, 7, 8, 9 and 10 do not identify which of the first light-emitting devices the driving units serve or resolve the meaning of the phrase ending claim 1.
Claim Rejections - 35 USC § 102 / 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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (J. Lightwave Technol., vol. 34, no. 14, pp. 3449–3457, 2016);
or, in the alternative, under 35 U.S.C. 103 as being unpatentable over Li et al. in view of Zhang et al. (US 2021/0327352 A1).
Regarding claim 1, Li discloses a display panel [e.g., Li, page 1, column 1: to drive a wide quarter-VGA (WQVGA) display featuring 400 x 240 blue micro-LED (µLED) pixels fabricated on a single gallium nitride (GaN) substrate; Fig. 6: 400×240 GaN µLED array; microdisplay module] comprising
a plurality of sub-pixels, and a single sub-pixel comprising at least one first light-emitting device [e.g., Li, page 4, column 1: The interface between the µLED array and the AMLED driver is the flip-chip bonding pads on top of the individually controllable p-electrodes; Fig. 2(b): µLED; Fig. 3: µLED pixels (0,0), (0,1), (1,0), (1,1)]:
the display panel further comprises: a first base substrate, comprising a first area, wherein the plurality of sub-pixels are disposed in the first area [e.g., Li, page 4, column 1: The blue GaN µLED array featuring 400 x 240 pixels with a pixel size of 30 x 30 µm² was implemented on a single sapphire substrate; Fig. 5(a): Sapphire Substrate; 400×240 µLED Array; Fig. 6: 12.0 mm × 7.2 mm array area];
a device layer, disposed on a side of the first base substrate, comprising a plurality of the first light-emitting devices [e.g., Li, page 4, column 1: Fig. 5(a) shows the structure of the µLED array, including n-type GaN (n-GaN), multiple quantum well (MQW), p-type GaN (p-GaN), current spreading layer and SiO2 passivation; Li, page 4, column 1: light is generated from the µLED array and emitted through the transparent sapphire substrate; Fig. 5(a): n-GaN, MQW, p-GaN on the Sapphire Substrate]; and
a first driving unit [e.g., Li, page 3, column 1: a driving transistor M1 to drive the µLED pixel; Fig. 2(b): M1, M2, CST] and
a second driving unit [e.g., Li, page 3, column 1: an additional transistor, M3, acting as a switch, is inserted between M1 and the µLED pixel to provide VLC control; Fig. 2(b): M3],
wherein the second driving unit is connected to the first driving unit and the first light-emitting device [e.g., Li, page 3, column 1: an additional transistor, M3, acting as a switch, is inserted between M1 and the µLED pixel to provide VLC control; Fig. 2(b): M1 drain to M3 source; M3 drain to the µLED anode],
the first driving unit is configured to output a driving current [e.g., Li, page 3, column 1: a driving transistor M1 to drive the µLED pixel; Li, page 3, column 1: there is no current flowing into the µLED pixel through M3; Fig. 2(b): VLED → M1 → M3 → µLED → ground; Table I: Pixel DC Current 1.3 µA], and
the second driving unit is configured to generate an oscillating current in response to the driving current output by the first driving unit, and output the oscillating current to the first light-emitting device, to control the first light-emitting device to repeatedly turn on or off [e.g., Li, page 3, column 1: In the holding period, RSEL is applied with logic 1 to turn off M2, and M3 is modulated by a high speed VLC signal, DVLC, to switch on and off the µLED pixel; Li, page 3, column 1: a global signal, DVLC, is employed to concurrently control the gates of all M3; Fig. 2(c): ILED on / off during TH; Fig. 3: ILED(0,0), ILED(0,1), ILED(1,0), ILED(1,1) OOK bursts], and
to cause the first light-emitting device to emit a light signal while display [e.g., Li, page 2, column 2: when simultaneous VLC is enabled, the illuminated pixels are OOK modulated at a sufficiently high frequency to avoid any flickering observable by the human eye; Li, page 2, column 2: In our system, the modulated VLC bit rate is set to be 5 Mb/s; Li, page 7, column 2: a 3T1C pixel driver cell with a novel VLC function are proposed to accomplish both grayscale control and VLC concurrently; Fig. 12: images displayed during VLC] (e.g., see Sections II–IV; Figs. 1–6, 8 and 11–12; Table I).
In Li, the on/off current that M3 delivers to the µLED is M1’s current: M3 is in series between M1 and the µLED [e.g., Li, page 3, column 1: an additional transistor, M3, acting as a switch, is inserted between M1 and the µLED pixel to provide VLC control], and no current reaches the µLED except through M3 from M1 [e.g., Li, page 3, column 1: there is no current flowing into the µLED pixel through M3].
Li’s Fig. 3 shows the OOK current bursts on each µLED only in the sub-frames in which that pixel’s stored data turns M1 on, and no bursts where M1 is off, although DVLC toggles in every sub-frame [e.g., Fig. 3: ILED(0,0) bursts in PWM8, PWM4 and PWM2 only; ILED(1,1) bursts in PWM4, PWM2 and PWM1 only; DVLC Data in every sub-frame].
The oscillating current is therefore generated from, and only in the presence of, the driving current output by M1.
To the extent the claim is read to require that the second driving unit be activated by the driving current, that result is necessarily present in Li: M3 cannot output an on/off current to the µLED unless M1 supplies the current it switches, and severing M1 stops the oscillating current (MPEP § 2112).
The first driving unit and the second driving unit are interpreted under 35 U.S.C. 112(f) as set forth above.
Li’s M1 (with M2 and CST) and M3 perform the identical functions recited (outputting the current that lights the µLED; generating from that current an on/off current output to the same µLED so that it repeatedly turns on and off and emits a light signal during display) and are the same kind of structure the instant specification describes for those units, transistor circuits formed as thin film or MOS transistors (Instant Specification Paragraphs 50, 56 and 57, as filed), or at a minimum equivalents thereof performing the identical function in substantially the same way with the same result (MPEP § 2183).
The first light-emitting device is likewise interpreted under 35 U.S.C. 112(f); Li’s GaN micro-LED is the micro LED the instant specification names as the first light-emitting device (Instant Specification Paragraph 48, as filed).
Should it be shown that Li discloses a plurality of sub-pixels disposed in a first area of a first base substrate, a first driving unit configured to output a driving current, and/or a second driving unit configured to generate an oscillating current in response to the driving current output by the first driving unit, as instantly claimed, with insufficient specificity:
Zhang discloses a display panel comprising a plurality of sub-pixels [e.g., Paragraph 34: the display panel includes a substrate 1, a sub-pixel 10 disposed on one side of the substrate 1, and a switch device 20; Paragraph 34: The sub-pixel 10 includes a pixel driving circuit 11 and a light emitting element 12, and the pixel driving circuit 11 includes a driving device 111 and a data writing device 112; Paragraph 35: Sub-pixels 10 disposed on the substrate 1 can form image display through cooperation of colors and brightness of the sub-pixels 10; Fig. 3: 1, 10, 11, 12; Fig. 12: 10] disposed on a first base substrate [e.g., Paragraph 35: The substrate 1 is typically made of a rigid glass substrate; Fig. 3: 1];
a first driving unit configured to output a driving current [e.g., Paragraph 35: the pixel driving circuit 11 is configured to provide a driving current to the light emitting element 12, and the light emitting element 12 displays certain brightness according to the magnitude of the driving current; Paragraph 35: the driving device 111 is typically provided with a driving transistor M3, and the driving transistor M3 is configured to provide the driving current; Paragraph 37: The driving device 111 is configured to, in the data writing stage, generate a driving current according to a data voltage transmitted by the data writing device 112; Fig. 4: 111, M3]; and
a second driving unit connected to the first driving unit and the light-emitting device [e.g., Paragraph 40: a first terminal of the second light emitting control device 1152 is electrically connected to the second terminal of the driving device 111, and a second terminal of the second light emitting control device 1152 is electrically connected to the anode of the light emitting element 12; Paragraph 41: the second light emitting control device 1152 may be provided with a sixth transistor M6; Fig. 4: 1152, M6 between M3 and 12],
which controls the driving current generated by the first driving unit to be transmitted to the light-emitting device [e.g., Paragraph 39: The second light emitting control device 1152 is configured to control the driving current generated by the driving device 111 to be transmitted to the light emitting element 12; Paragraph 41: the power supply signal terminal PVDD, the fifth transistor M5, the driving transistor M3, the sixth transistor M6 and the light emitting element 12 form a conduction passage, and the driving transistor M3 generates a driving current to drive the light emitting element 12 to emit light; Paragraph 41: In a non-light emitting period, the light emitting control signal controls the fifth transistor M5 and the sixth transistor M6 to be turned off],
the light-emitting device emitting light in response to the driving current [e.g., Paragraph 51: the driving current generated by the driving transistor M3 flows into the light emitting element 12, and the light emitting element 12 emits light in response to the driving current], and
which turns the light-emitting device on and off at intervals during display [e.g., Paragraph 79: the holding stage includes first stages and second stages, the first stages and the second stages are arranged periodically at intervals; Paragraph 80: The first stages t1 and the second stages t2 are arranged periodically at intervals, which essentially could be understood that the light emitting element 12 is driven to emit light at intervals in the holding stage; Fig. 8: Emit pulses in t2 during the Holding stage] (e.g., see Paragraphs 34–41, 51, 55 and 79–82).
Li and Zhang are analogous art, because they are from the shared inventive field of light-emitting display panels with per-pixel driving circuits.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement Li’s driving transistor M1 as a driving device that generates a driving current according to the stored display data and to gate that generated driving current into the µLED through the series transistor M3, as Zhang teaches for its driving transistor M3 and second light emitting control device 1152, so as to set the pixel brightness by the magnitude of the driving current [e.g., Paragraph 35: the pixel driving circuit 11 is configured to provide a driving current to the light emitting element 12, and the light emitting element 12 displays certain brightness according to the magnitude of the driving current],
a known way of driving a display light-emitting element that Zhang describes as the principle of its pixel circuit, and, where the light-emitting element is turned on and off at intervals during display, for the reason Zhang gives for its own interval emission, that a higher frequency of light emission avoids flicker [e.g., Paragraph 82: second stages t2 are provided and the frequency of light emitting in the holding stage can be increased, and avoiding the phenomenon that the display panel is easy to flicker due to the low-frequency light emitting].
In the combination the current that Li’s M3 switches on and off into the µLED is expressly a driving current generated by the first driving unit, and the on/off current is generated from and in response to it.
Moreover, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention because all the claimed elements were known in the prior art and one skilled in the art could have combined Zhang’s current-generating driving transistor and series light-emitting control transistor with Li’s VLC pixel driver cell as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007); Graham v. John Deere Co., 383 U.S. 1 (1966).
Regarding claim 2, Li discloses wherein a frequency of the oscillation current generated by the second driving unit is not less than 105 Hz [e.g., Li, page 5, column 2: By sweeping the VLC modulation frequency and receiving the signal by a photo-receiver (New Focus 1801) with 125-MHz bandwidth (BW), the optical frequency response of the microdisplay module (including the AMLED driver SoC and the µLED array) was obtained; Li, page 5, column 2: Fig. 8 shows that the −3dB BW of the module is 2.6 MHz, which is sufficient to support OOK VLC modulation at 5 Mb/s; Li, page 2, column 2: In our system, the modulated VLC bit rate is set to be 5 Mb/s; Fig. 8: Frequency [Hz] axis 10k to 10M; −3 dB at 2.6M; Fig. 11(b): eye diagram, about 0.2 µs unit interval].
Li’s µLED current is switched on and off by M3 at the VLC modulation rate, which is swept in hertz to above 1 MHz and set at 5 Mb/s in the system, well above 105 Hz.
The alternative ground changes nothing for this claim: Zhang is not relied on for the frequency, which Li carries in both branches.
Regarding claim 20, Li discloses a display device [e.g., Li, page 4, column 2: The photographs of the CMOS driver SoC, the 400 x 240 GaN µLED array and the entire microdisplay module with a sample image are shown in Fig. 6; Fig. 6: Microdisplay Module and Sample Image; Fig. 10(a): Smart Microdisplay Module], comprising a display panel wherein the display panel comprises a plurality of sub-pixels, and a single sub-pixel comprising at least one first light-emitting device: the display panel further comprises: a first base substrate, comprising a first area, wherein the plurality of sub-pixels are disposed in the first area; a device layer, disposed on a side of the first base substrate, comprising a plurality of the first light-emitting devices; and a first driving unit and a second driving unit, wherein the second driving unit is connected to the first driving unit and the first light-emitting device, the first driving unit is configured to output a driving current, and the second driving unit is configured to generate an oscillating current in response to the driving current output by the first driving unit, and output the oscillating current to the first light-emitting device, to control the first light-emitting device to repeatedly turn on or off, and to cause the first light-emitting device to emit a light signal while display (e.g., see Sections II–IV; Figs. 1–6, 8 and 10–12, and the citations to Li, and in the alternative to Zhang, set forth for claim 1 above, which apply to the identically recited display panel of claim 20).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. in view of Hussell (US 2020/0312231 A1);
or, in the alternative, under 35 U.S.C. 103 as being unpatentable over Li et al. in view of Zhang et al. as applied to claim 1 above, and further in view of Hussell.
Regarding claim 7, Li discloses a third driving chip, wherein the first driving unit and the second driving unit are integrated in the third driving chip [e.g., Li, page 1, column 1: The driver system-on-a-chip (SoC) integrates four identical macro-cells, each containing a pixel driver array, a row driver, a column driver, and a first-in first-out memory, to drive a wide quarter-VGA (WQVGA) display; Li, page 3, column 2: There are four identical macro-cells (A- D) implemented on chip, each containing a pixel driver array with a size of 200 x 120, a row driver, a column driver and a first-in first-out (FIFO) memory; Fig. 4: On-chip Pixel Driver Array 200(H) × 120(V); Fig. 6: CMOS Active Matrix Driver], and
the third driving chip is connected to the respective first light-emitting devices [e.g., Li, page 1, column 1: Flip-Chip bonding is adopted to establish connections between the WQVGA microdisplay and the AMLED driver SoC; Li, page 4, column 1: The interface between the µLED array and the AMLED driver is the flip-chip bonding pads on top of the individually controllable p-electrodes; Li, page 4, column 2: Finally the µLED array was flip-chip bonded to the CMOS driver SoC via thermal compression bonding at 180 °C with a pressure of 20 Newtons; Fig. 5(b): indium bumps].
Li does not expressly disclose a first driving layer, disposed on a side of the first base substrate, wherein the first driving layer comprises a plurality of leads, the chip being connected to the light-emitting devices through the leads, or that the first light-emitting device is disposed on a side of the first driving layer away from the first base substrate, as instantly claimed:
Li’s chip reaches the µLEDs through flip-chip bonding pads and indium bumps, and its driver is on the side of the µLEDs away from the sapphire substrate [e.g., Li, page 4, column 1: light is generated from the µLED array and emitted through the transparent sapphire substrate].
Zhang likewise does not expressly disclose a driving chip, leads, or a driving layer.
However, Hussell discloses an LED display panel [e.g., Paragraph 92: LED displays may include rows and columns of LEDs that form an array of LED pixels; Paragraph 92: Each LED package may include an active electrical element that is configured to receive a control signal and actively maintain an operating state; Fig. 1A: display panel 10, active LED pixels 12] comprising
a first driving layer, disposed on a side of a base substrate, wherein the first driving layer comprises a plurality of leads [e.g., Paragraph 119: the plurality of electrically conductive traces 42-1, 42-2 are formed on the second face 32″ of the submount 32 and additional electrical traces 71-1, 71-2 are formed on the first face 32′ of the submount 32; Paragraph 111: Certain ones of the plurality of electrically conductive traces 42-1 to 42-7 may be configured to provide electrically conductive paths between the plurality of contact pads 38 of the active electrical element 30 and the cathode contacts 34-1 to 34-3 and the anode contacts 36-1 to 36-3 of each LED 28-1 to 28-3; Fig. 6: traces 42-1, 42-2 on face 32″ of submount 32; Fig. 2C: traces 42-1 to 42-7]; and
a driving chip [e.g., Paragraph 106: the active electrical element 30 comprises one or more of an integrated circuit chip, an ASIC, a microcontroller, or a FPGA; Fig. 6: active electrical element 30],
wherein a first driving unit that outputs a driving current and a second driving unit that switches that current on and off into the LED are integrated in the driving chip [e.g., Paragraph 172: The current source 156 is configured to provide current to the LED 146 that is selectable (e.g., a few levels) or adjustable (e.g., many levels); Paragraph 172: subsequent diagrams will use the current source 156 to represent any method for controlling LED current; Paragraph 173: each of the LEDs 146-1 to 146-3 is coupled with a corresponding ADC 154-1 to 154-3 and a corresponding current source 156-1 to 156-3; Paragraph 172: the active electrical element 30 as configured in FIG. 39 may be incorporated into the same LED package as one or more LEDs (e.g., LED 146); Fig. 39: current source 156 in series with the PWM-gated FET inside driver 148 of element 30; Fig. 40: current sources 156-1 to 156-3 and PWM-1 to PWM-3], and
the driving chip is connected to the respective light-emitting devices through the leads [e.g., Paragraph 106: the active electrical element 30 is configured to receive a signal or a plurality of signals and independently drive each LED of the plurality of LEDs 28-1 to 28-3; Paragraph 119: The LED 28-1 is mounted or bonded to the electrically conductive traces 42-1, 42-2 by way of the electrical connectors 44 and the active electrical element 30 is mounted or bonded to the additional electrical traces 71-1, 71-2 by way of the additional electrical connectors 50; Paragraph 119: one or more conductive interconnects 73, such as metal slugs, vias, or traces may be provided either through the submount 32 as illustrated in FIG. 6; Paragraph 111: Certain ones of the plurality of electrically conductive traces 42-1 to 42-7 may be configured to provide electrically conductive paths between the plurality of contact pads 38 of the active electrical element 30 and the cathode contacts 34-1 to 34-3 and the anode contacts 36-1 to 36-3 of each LED 28-1 to 28-3; Fig. 6: 30, 50, 71-1, 71-2, 73, 42-1, 42-2, 44, 28-1];
wherein the light-emitting device is disposed on a side of the first driving layer away from the base substrate [e.g., Paragraph 119: The LED 28-1 is mounted or bonded to the electrically conductive traces 42-1, 42-2 by way of the electrical connectors 44 and the active electrical element 30 is mounted or bonded to the additional electrical traces 71-1, 71-2 by way of the additional electrical connectors 50; Paragraph 107: In other embodiments the submount 32 can comprise a PCB, sapphire, Si or any other suitable material; Fig. 6: submount 32, then traces 42-1, 42-2, then LED 28-1], and
the light-emitting device is disposed in the first area [e.g., Paragraph 115: the LED package 26 is configured to be mounted to an external surface (e.g., a panel or PCB of a video display) such that the package bond pads 48-1 to 48-4 are bonded or soldered to electrical communication lines provided on the external surface; Paragraph 92: LED displays may include rows and columns of LEDs that form an array of LED pixels; Fig. 22: LED packages 26 in rows and columns of panel 112] (e.g., see Paragraphs 92, 106, 111–115, 118–119 and 172–173).
Li, Zhang and Hussell are analogous art, because they are from the shared inventive field of LED display panels with per-pixel driving circuits.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to package Li’s display in the arrangement of Hussell’s FIG. 6: a submount, which Hussell teaches may be a PCB, sapphire or silicon [e.g., Paragraph 107: In other embodiments the submount 32 can comprise a PCB, sapphire, Si or any other suitable material], serving as the first base substrate and carrying a layer of conductive traces on one face;
Li’s GaN µLED die bonded onto those traces, so that the µLEDs sit on the side of the trace layer away from the submount; and Li’s driver chip, which integrates M1 and M3 for every pixel, mounted on the opposite face of the submount and connected to the respective µLEDs through the traces and the conductive interconnects through the submount [e.g., Paragraph 119: The LED 28-1 is mounted or bonded to the electrically conductive traces 42-1, 42-2 by way of the electrical connectors 44 and the active electrical element 30 is mounted or bonded to the additional electrical traces 71-1, 71-2 by way of the additional electrical connectors 50; Paragraph 119: one or more conductive interconnects 73, such as metal slugs, vias, or traces may be provided either through the submount 32 as illustrated in FIG. 6].
Hussell presents that opposing-face arrangement as one of its packaging configurations for an active-matrix LED pixel, in which the package is mounted to the panel of a video display through its bond pads [e.g., Paragraph 115: the LED package 26 is configured to be mounted to an external surface (e.g., a panel or PCB of a video display) such that the package bond pads 48-1 to 48-4 are bonded or soldered to electrical communication lines provided on the external surface], and the substitution of one known package arrangement for Li’s direct flip-chip bonding of the die to the driver, with the same die and the same driver, is the use of a known technique to improve a similar device in the same way.
Moreover, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention because all the claimed elements were known in the prior art and one skilled in the art could have combined Hussell’s submount-carried trace layer and opposing-face chip mounting with Li’s (or Li’s and Zhang’s) display panel and integrated driver chip as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007); Graham v. John Deere Co., 383 U.S. 1 (1966).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. in view of Tsonev et al. (US 2019/0363792 A1), Shadle et al. (US 2015/0123887 A1) and Kim et al. (US 2019/0371232 A1);
or, in the alternative, under 35 U.S.C. 103 as being unpatentable over Li et al. in view of Zhang et al. as applied to claim 1 above, and further in view of Tsonev et al., Shadle et al. and Kim et al.
Regarding claim 8, Li discloses that the first light-emitting device transmits the VLC light signal while the panel displays an image [e.g., Li, page 2, column 2: when simultaneous VLC is enabled, the illuminated pixels are OOK modulated at a sufficiently high frequency to avoid any flickering observable by the human eye; Li, page 7, column 2: a 3T1C pixel driver cell with a novel VLC function are proposed to accomplish both grayscale control and VLC concurrently], and that the OOK modulation of the display µLEDs reduces their average illumination [e.g., Li, page 2, column 2: the only effect of OOK VLC modulation on each PWM frame is that the average illumination is degraded by 50%].
Li does not expressly disclose wherein the single sub-pixel further comprises a second light-emitting device, and the device layer further comprises the second light-emitting device; a third driving unit, connected to the second light-emitting device, wherein the third driving unit is configured to output a driving current to the second light-emitting device; and a control unit, connected to the first driving unit and the third driving unit, and configured to control the first light-emitting device to emit the light signal within one frame displayed by the second light-emitting device, as instantly claimed:
in Li one µLED per pixel both displays and transmits. Zhang discloses one light emitting element per sub-pixel and no control unit timing a light signal within a displayed frame.
However, Tsonev discloses a display apparatus whose repeating pixel structure comprises a light-emitting device for transmitting a light signal (IR LED 98) alongside display light-emitting devices (elements 92, 94 and 96) [e.g., Tsonev, Paragraph 232: FIG. 7(b) show an aperture 90 that includes a red display element 92, a green display element 94, a blue display element 96. The pixel structure also has an IR LED 98 and a photodiode 100; Paragraph 232: The IR LED 98 and photodiode 100 and optical front end circuitry 102 allow the pixel to be used as part of an OWC device; Paragraph 233: The above pixel structure allows OWC functionality to be integrated into any display technology, for example LCD, OLED or RGB LED; Paragraph 233: By utilizing a plurality of these pixel structures in a display, the entire display area may be used to transmit and receive data thus minimizing any risk of the signal being lost; Fig. 7(b): 90, 92, 94, 96, 98, 100, 102],
the light-transmitting device being integrated into the display layer with the display devices [e.g., Tsonev, Paragraph 225: By integrating light-transmitting and/or light-receiving devices into the display layer rather than into a further layer, the devices may have a substantially unobstructed light path into or out of the screen]; and
a driving unit connected to each display light-emitting device [e.g., Tsonev, Paragraph 231: The associated circuitry include an aperture 110, an indium tin oxide (ITO) contact 112, a thin-film-transistor (TFT) driver 114, a capacitance line 116, a scan line 118, a data line 120, a switching TFT 122, a supply line 124 and a capacitor 126; Fig. 7(a): TFT driver 114, switching TFT 122, capacitor 126, supply line 124],
the light signal being emitted while an image is displayed [e.g., Tsonev, Paragraph 179: The uplink data signal may be emitted while an image is being displayed on display layer 36; Paragraph 178: The IR LED 40 is independent of the TOLEDs that are used to form the image on the display layer 36].
Read on the claim, Tsonev’s repeating pixel structure is the claimed single sub-pixel: the claim requires only that one sub-pixel hold the first and the second light-emitting devices, and in the combination each of Li’s pixels, which holds the M1/M3-driven µLED, receives a display light-emitting device beside it in the same device layer, as Tsonev places IR LED 98 beside display elements 92, 94 and 96.
Kim discloses a display panel wherein a third driving unit, provided for each display light-emitting device and connected to it [e.g., Kim, Paragraph 79: The first driving circuit 300-1 for driving the respective light emitting devices 200-1, 200-2, and 200-3 may be present on the driving circuit layer 300 for each of the light emitting devices 200-1, 200-2, and 200-3; Paragraph 101: the first driving circuit 300-1 may be provided for each sub pixel, and the one first driving circuit 300-1 drives one sub pixel; Fig. 4B: first driving circuits 300-1 for the R, G and B sub pixels],
is configured to output a driving current to the second light-emitting device [e.g., Kim, Paragraph 102: The current source 320 may provide a driving current to the light emitting device 200. For example, the current source 320 may include a driving transistor 325 which is connected to in between the driving voltage terminal 321 and the ground voltage terminal 322 of the current source 320; Paragraph 156: the driving transistor 325 may be accordingly turned on and a driving current of an amplitude corresponding to the amplitude setup voltage charged in the first capacitor 312 may be provided to the light emitting device 200; Fig. 7: current source 320, driving transistor 325].
Shadle discloses a display assembly wherein a control unit [e.g., Paragraph 39: A color controller 131 of display assembly output component 112a may be configured to control electronic switch matrix 130 via one or more instructions or control signals that may be provided by processor 102; Fig. 3A: color controller 131]
is connected to the driving units of the visible-light (display) sub-pixels and of the invisible-light (data) sub-pixel of one pixel [e.g., Paragraph 39: an associated matrix 130 of electrodes or electronic switches, each of which may address a respective pixel 122 of pixel matrix 120 for individually electrically controlling the color and/or intensity of light transmitted by that pixel 122; Paragraph 40: pixel 122a may include a subpixel arrangement including any number of subpixels 124 (e.g., subpixels 124-SP1, 124-SP2, 124-SP3, and 124-SP4); Paragraph 40: a respective switch 134 (e.g., a respective one of switches 134-1 through 134-4 of FIG. 3A) of switch matrix 130 for a respective subpixel 124 may be electrically addressed and controlled; Fig. 3A: switches 134-1 to 134-4 under subpixels 124-SP1 to 124-SP4; controller 131], and
is configured to control the data sub-pixel to emit its light signal within one frame displayed by the visible sub-pixels [e.g., Paragraph 40: differing intensities of visible light for each of these visible colors may be produced by pulsing each subpixel 124-SP1 through 124-SP3 on and off during each frame of data via color controller 131; Paragraph 40: subpixel 124-SP4 may be coated with an invisible color phosphorous (e.g., infrared or ultraviolet), such that differing intensities of invisible light for such an invisible color may be produced by pulsing subpixel 124-SP4 on or off during each frame of data via color controller 131; Paragraph 40: color controller 131 may be configured to control pixel 122a to generate and transmit both visible light data 174V and invisible light data 164I simultaneously (e.g., in a single refresh of data); Paragraph 39: display assembly output component 112a may be configured to transmit both visible light data and invisible light data, either simultaneously or in a rapidly alternating fashion, such that each type of light data may be detected concurrently by different entities] (e.g., see Paragraphs 36–41 and 48–49).
Li, Zhang, Tsonev, Shadle and Kim are analogous art, because they are from the shared inventive field of light-emitting display panels, and Li, Tsonev and Shadle each address transmitting a data-carrying light signal from a display while it displays an image.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add to each of Li’s pixels a separate display light-emitting device with its own driving unit, keeping Li’s M1/M3-driven µLED as the light-signal emitter, as Tsonev teaches, because a separate light-transmitting device allows communication to be implemented without affecting the display [e.g., Tsonev, Paragraph 34: LEDs that are part of the display may in some circumstances not be suitable for communication. Using a separate light-transmitting device may allow communication to be implemented without affecting the display; Paragraph 205: By using a light-transmitting device that is separate from the light sources that form the display, a device may be adapted for both display and communication (for example, OWC communication)],
which answers the reduction in average illumination that Li reports for OOK modulation of the display pixels [e.g., Li, page 2, column 2: the only effect of OOK VLC modulation on each PWM frame is that the average illumination is degraded by 50%], and
because display light sources may have relatively low modulation speeds and power [e.g., Tsonev, Paragraph 205: screen LEDs (for example, TOLEDs) that form a display may have relatively low modulation speeds and low power output];
to drive that display light-emitting device with a per-device driving circuit that outputs a driving current, as Kim teaches [e.g., Kim, Paragraph 102: The current source 320 may provide a driving current to the light emitting device 200. For example, the current source 320 may include a driving transistor 325 which is connected to in between the driving voltage terminal 321 and the ground voltage terminal 322 of the current source 320],
so that each display device is driven by its own circuit [e.g., Kim, Paragraph 101: the first driving circuit 300-1 may be provided for each sub pixel, and the one first driving circuit 300-1 drives one sub pixel]; and
to connect a control unit to the driving units of the light-signal device and the display device so that the light signal is transmitted within the same frame in which the display device displays, as Shadle teaches [e.g., Shadle, Paragraph 40: color controller 131 may be configured to control pixel 122a to generate and transmit both visible light data 174V and invisible light data 164I simultaneously (e.g., in a single refresh of data)],
so that the displayed image and the transmitted data are detected concurrently by different entities, the viewer and a receiver [e.g., Shadle, Paragraph 39: display assembly output component 112a may be configured to transmit both visible light data and invisible light data, either simultaneously or in a rapidly alternating fashion, such that each type of light data may be detected concurrently by different entities].
The second light-emitting device, the third driving unit and the control unit are interpreted under 35 U.S.C. 112(f) as set forth above.
Tsonev’s display elements are the OLED or LED display elements of any display technology [e.g., Tsonev, Paragraph 233: The above pixel structure allows OWC functionality to be integrated into any display technology, for example LCD, OLED or RGB LED; Paragraph 250: In some embodiments, arrays of microLEDs may be provided], the class the instant specification names for the second light-emitting device (Instant Specification Paragraph 64, as filed).
Kim’s current source 320, a driving transistor with a storage capacitor [e.g., Kim, Paragraph 102: The current source 320 may provide a driving current to the light emitting device 200. For example, the current source 320 may include a driving transistor 325 which is connected to in between the driving voltage terminal 321 and the ground voltage terminal 322 of the current source 320; Paragraph 156: the driving transistor 325 may be accordingly turned on and a driving current of an amplitude corresponding to the amplitude setup voltage charged in the first capacitor 312 may be provided to the light emitting device 200],
is the transistor-and-capacitor driving circuit the instant specification describes for the third driving unit (Instant Specification Paragraph 65, as filed).
Shadle’s color controller 131, a controller that commands the drive switches of the signal sub-pixel and the display sub-pixels [e.g., Shadle, Paragraph 39: A color controller 131 of display assembly output component 112a may be configured to control electronic switch matrix 130 via one or more instructions or control signals that may be provided by processor 102; Paragraph 40: a respective switch 134 (e.g., a respective one of switches 134-1 through 134-4 of FIG. 3A) of switch matrix 130 for a respective subpixel 124 may be electrically addressed and controlled],
performs the identical function the instant specification assigns to the control unit and is the same kind of structure, a control chip connected to both driving units (Instant Specification Paragraph 67, as filed), or at a minimum an equivalent performing the identical function in substantially the same way with the same result (MPEP § 2183).
Moreover, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention because all the claimed elements were known in the prior art and one skilled in the art could have combined Tsonev’s dedicated in-pixel communication emitter beside display emitters, Kim’s per-emitter current-outputting driving circuit and Shadle’s controller with Li’s (or Li’s and Zhang’s) display panel as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007); Graham v. John Deere Co., 383 U.S. 1 (1966).
Regarding claim 9, Li discloses switching the first light-emitting device on and off at a modulated bit rate of 5 Mb/s [e.g., Li, page 2, column 2: In our system, the modulated VLC bit rate is set to be 5 Mb/s; Li, page 5, column 2: Fig. 8 shows that the −3dB BW of the module is 2.6 MHz, which is sufficient to support OOK VLC modulation at 5 Mb/s] and
states that the data rate can be raised with improved drivers [e.g., Li, page 7, column 2: The VLC data rate can be further increased with improved drivers, more advanced coding and modulation schemes];
Tsonev discloses that the light signal of the communication light-emitting device may be modulated at a frequency between 1 MHz and 100 GHz [e.g., Tsonev, Paragraph 93: A modulation frequency of the transmitted modulated light may be between 1 MHz and 100 GHz; Paragraph 92: A modulation frequency of the transmitted modulated light may be between 100 KHz and 1 PHz],
that the display refreshes at 60 frames per second, or at 30 to 200 Hz [e.g., Tsonev, Paragraph 168: In the present embodiment, a refresh rate of the image displayed to the user is 60 Hz (60 frames per second); Paragraph 168: In other embodiments, the refresh rate may be any suitable rate, for example between 30 and 200 Hz],
that the separate communication device operates independently of the display elements and at a faster modulation speed than they do [e.g., Tsonev, Paragraph 178: The IR LED 40 is independent of the TOLEDs that are used to form the image on the display layer 36; Paragraph 226: The light-transmitting device may have a higher power output and/or a faster modulation speed], and
that a micro-LED communication array has an electrical bandwidth above 250 MHz [e.g., Tsonev, Paragraph 264: The electrical bandwidth, at 3 dB, may have a typical minimum value of greater than 250 MHz, optionally 500 MHz].
Neither Li, Zhang, Tsonev, Shadle nor Kim expressly states that within one frame of display by the second light-emitting device, the number of switching times of the first light-emitting device is not less than 106, as instantly claimed.
However, in the combination the first light-emitting device is a dedicated signal emitter driven by Li’s M1/M3 cell and switched on and off by an on-off-keyed signal, so that its switching runs throughout the frame displayed by the separate display device rather than only in the sub-frames in which Li’s single µLED is lit for the image.
Counting each on-to-off or off-to-on transition as a switching time, a signal switched at f cycles per second during a frame of 1/60 s produces about 2f/60 switching times per frame, so that 106 switching times per frame are reached at about 30 MHz; counting each complete on-and-off cycle instead, they are reached at about 60 MHz.
Both rates lie within Tsonev’s disclosed modulation range and below the electrical bandwidth Tsonev gives for its micro-LED communication array, and Li itself identifies the driver as the limit on its rate and improved drivers as the route past it.
The modulation rate of the light signal is a result-effective variable recognized in the art: Li ties the achievable data rate to the modulation rate and the bandwidth of the emitter [e.g., Li, page 5, column 2: Fig. 8 shows that the −3dB BW of the module is 2.6 MHz, which is sufficient to support OOK VLC modulation at 5 Mb/s; Li, page 7, column 2: The VLC data rate can be further increased with improved drivers, more advanced coding and modulation schemes], and
Tsonev selects the communication emitter for higher modulation speed than the display emitters [e.g., Tsonev, Paragraph 205: screen LEDs (for example, TOLEDs) that form a display may have relatively low modulation speeds and low power output; Paragraph 226: The light-transmitting device may have a higher power output and/or a faster modulation speed].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to operate the first light-emitting device of the combination at a modulation rate within Tsonev’s disclosed range that gives at least 106 switching times per displayed frame, with a driver of the bandwidth Tsonev specifies, so as to increase the data rate of the light signal, with a reasonable expectation of success given Tsonev’s disclosed bandwidth and Li’s statement that improved drivers raise the rate, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 105 USPQ 233 (CCPA 1955); MPEP § 2144.05.
Regarding claim 10, Li and Tsonev do not expressly disclose a first driving layer, disposed on a side of the first base substrate, wherein the first driving layer comprises the third driving unit, and the third driving unit is disposed in the first area; wherein, the second light-emitting device is disposed on a side of the first driving layer away from the first base substrate, and the second light-emitting device is disposed in the first area; and the third driving unit is plural in number, and in a direction perpendicular to the first base substrate, the second light-emitting device and the third driving unit are arranged in one-to-one correspondence, as instantly claimed:
Tsonev places driving circuitry on a layer different from the display layer without stating the correspondence, and Zhang and Shadle state no layer order.
However, Kim discloses wherein the display panel further comprises: a first driving layer, disposed on a side of the first base substrate [e.g., Paragraph 60: a driving circuit layer 300 including a first driving circuit 300-1 and a second driving circuit 300-2 may be disposed on a glass 100, and the light emitting device 200 may be arranged on the driving circuit layer 300; Paragraph 77: the driving circuit layer 300 may be disposed (or arranged) on a glass 100, and the respective light emitting devices R, G and B 200-1, 200-2, and 200-3 may be arranged (or mounted) on the driving circuit layer 300 and included in the respective sub pixels 10-1, 10-2, and 10-3; Fig. 4A: glass 100, driving circuit layer 300, light emitting devices 200-1, 200-2, 200-3],
wherein the first driving layer comprises the third driving unit, and the third driving unit is disposed in the first area [e.g., Paragraph 79: The first driving circuit 300-1 for driving the respective light emitting devices 200-1, 200-2, and 200-3 may be present on the driving circuit layer 300 for each of the light emitting devices 200-1, 200-2, and 200-3; Paragraph 84: an entire pixel area 20 occupied by one pixel in the driving circuit layer 300 may include an area 10 in which three first driving circuits 300-1 for driving the respective R, G and B sub pixels are arranged; Fig. 4B: area 10, first driving circuits 300-1 for the R, G and B sub pixels];
wherein, the second light-emitting device is disposed on a side of the first driving layer away from the first base substrate, and the second light-emitting device is disposed in the first area [e.g., Paragraph 77: the driving circuit layer 300 may be disposed (or arranged) on a glass 100, and the respective light emitting devices R, G and B 200-1, 200-2, and 200-3 may be arranged (or mounted) on the driving circuit layer 300 and included in the respective sub pixels 10-1, 10-2, and 10-3; Paragraph 80: an anode electrode 3 and a cathode electrode 4 of the R light emitting device 200-1 are respectively connected to an anode electrode 1 and cathode electrode 2 disposed on the first driving circuit 300-1 for driving the R light emitting device 200-1; Fig. 4A: 200-1, 200-2, 200-3 on layer 300 over glass 100]; and
the third driving unit is plural in number, and in a direction perpendicular to the first base substrate, the second light-emitting device and the third driving unit are arranged in one-to-one correspondence [e.g., Paragraph 101: the first driving circuit 300-1 may be provided for each sub pixel, and the one first driving circuit 300-1 drives one sub pixel; Paragraph 121: a plurality of first driving circuits 300-1 as illustrated in FIG. 7 may be provided in the display panel 1000 and/or 1000′; Paragraph 80: an anode electrode 3 and a cathode electrode 4 of the R light emitting device 200-1 are respectively connected to an anode electrode 1 and cathode electrode 2 disposed on the first driving circuit 300-1 for driving the R light emitting device 200-1; Fig. 4A: each LED’s electrodes 3 and 4 on electrodes 1 and 2 of layer 300; Fig. 4B: one 300-1 per R, G and B sub pixel] (e.g., see Paragraphs 60, 77–84, 101–102 and 121).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the display light-emitting devices of the combination on a driving circuit layer carried by the base substrate, with each display device mounted on its own driving circuit, as Kim teaches, so that each light-emitting device is electrically connected to the corresponding first driving circuit that drives it [e.g., Paragraph 79: The first driving circuit 300-1 for driving the respective light emitting devices 200-1, 200-2, and 200-3 may be present on the driving circuit layer 300 for each of the light emitting devices 200-1, 200-2, and 200-3] and
the driving circuits occupy a defined area of each pixel [e.g., Paragraph 84: an entire pixel area 20 occupied by one pixel in the driving circuit layer 300 may include an area 10 in which three first driving circuits 300-1 for driving the respective R, G and B sub pixels are arranged], for the same reasons set forth for claim 8 above.
KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007); Graham v. John Deere Co., 383 U.S. 1 (1966).
Election/Restrictions
Applicant’s election without traverse of Species 5 (Fig. 7) and Invention I (claims 1–17 and 20) in the reply filed on 21 September 2026 is acknowledged.
Claims 3-6 and 11-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species or invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 21 September 2026.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The documents listed on the attached ‘Notice of References Cited’ are cited to further evidence the state of the art pertaining to display panels that transmit light signals while displaying.
Prior art made of record and not relied upon (for the Notice of References Cited):
Li et al. (Smart µLED Display-VLC System With a PD-Based/Camera-Based Receiver for NFC Applications), IEEE Photonics Journal, vol. 11, no. 1, art. 7901008 (February 2019) — the same 3T1C VLC pixel as the applied Li paper, with 0.5 µs bit periods.
Wu et al. (An AMLED Microdisplay Driver SoC with Built-In 1.25-Mb/s VLC Transmitter), 2015 Symposium on VLSI Circuits, Digest of Technical Papers, paper 24-2, pp. C328–C329 (2015) — the same pixel driver, 5 MHz VLC modulation.
Deng et al. (US 2020/0204255 A1 - Xiamen Tianma), published 25 June 2020 — micro-LED/OLED display sub-pixels emitting a LiFi signal while displaying.
Kim et al. ‘216 (US 2020/0312216 A1 - Samsung), published 1 October 2020 — light-emitting elements formed on each pixel circuit of a driving circuit layer.
Chen et al. (US 2021/0287602 A1 - Apple), published 16 September 2021 — an optical emitter pulsed within display frames under a display-synchronised control system.
Yang et al. (US 2021/0366404 A1 - BOE), published 25 November 2021 — visible light communication from a display while displaying.
Kitaoka et al. (US 7,948,469 B2 - Panasonic), published 24 May 2011 — a modulated carrier summed with the display drive of pixel LEDs.
Bani Hassan et al. (Ultra-high frame rate digital light projector using chipscale LED-on-CMOS technology), arXiv:2111.13586v1 (24 November 2021) — per-pixel current DAC and driver inverter in one CMOS chip bonded to the LED array.
Nakamura et al. (JP 2005-151015 A - Sony), published 9 June 2005 — a drive TFT supplying the pixel current through a modulation-gated series TFT.
Liu et al. (CN 110111729 A - Shenzhen SiTan), published 9 August 2019 — a drive transistor followed by a series switching transistor and the micro-LED.
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/Jeff Piziali/
Primary Examiner, Art Unit 2628
23 September 2026
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