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 based on an application filed in China on 7/22/2022.
Information Disclosure Statement
The Information Disclosure Statement has been considered and placed in the record on file and is in compliance with USPTO requirements.
Drawings
The Drawings have been considered and placed in the record on file and are in compliance with USPTO requirements.
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.
Claims 1-3, 11, 12, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hung et al. (US 2021/0280126 A1 hereinafter Hung).
In regards to claim 1, Hung discloses an electronic device, having a first region and a second region, and the second region being adjacent to the first region (see figure 4A, electronic device with display areas 240 and 250), the electronic device comprising:
a light sensor, disposed in the first region (see figure 2, light sensor 113);
a first light-emitting element, disposed in the first region (see figure 2, LED 133 in region 111); and
a second light-emitting element, disposed in the second region (see figure 2, LED 132 in region 112),
wherein during the light sensor is driven to receive a light signal, the first light-emitting element is driven by a first driving signal, the second light-emitting element is driven by a second driving signal, and the first region is different from the second region in brightness (see figures 4A and 4B and paragraph 0032, during light sensing period a black image is provided in area 240, therefore the regions have different brightnesses).
In regards to claim 2, as recited in claim 1, Hung further discloses wherein the first light-emitting element is different from the second light-emitting element in brightness (see figures 4A and 4B and paragraph 0032, during light sensing period a black image is provided in area 240 and the normal image is displayed in region 250, therefore the regions have different brightnesses).
In regards to claim 3, as recited in claim 1, Hung further discloses wherein at a time point during the light sensor is driven, the first light-emitting element does not emit a light, and the second light-emitting element emits a light (see figures 4A and 4B and paragraph 0032, during light sensing period a black image is provided in area 240, therefore area 240 is not providing light, while region 250 is displaying the normal image).
In regards to claim 11, as recited in claim 1, Hung further discloses wherein the electronic device further comprising a substrate, wherein the substrate is disposed between the first light-emitting element and the light sensor (see figure 2, substrate 110 above the light sensor 120).
In regards to claim 12, as recited in claim 11, Hung further discloses wherein the second light-emitting element and the first light-emitting element are disposed on the same side of the substrate (see figure 2, LEDs are in the same layer above the substrate 110).
In regards to claim 15, as recited in claim 1, Hung further discloses wherein the light sensor is configured as an image sensing element (see paragraph 0031, the optical sensor 120 performs functions such as photographing).
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, 2, 4, 5, 11, 13, and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 7, and 9 of U.S. Patent No. 12,198,642. Although the claims at issue are not identical, they are not patentably distinct from each other.
Application 18/973,114
Patent No. 12,198,642
1. An electronic device, having a first region and a second region, and the second region being adjacent to the first region, the electronic device comprising:
a light sensor, disposed in the first region;
a first light-emitting element, disposed in the first region; and
a second light-emitting element, disposed in the second region,
wherein during the light sensor is driven to receive a light signal, the first light-emitting element is driven by a first driving signal, the second light-emitting element is driven by a second driving signal, and
the first region is different from the second region in brightness.
1. An electronic device, having a first region and a second region, and the second region being adjacent to the first region, the electronic device comprising:
a light sensor, disposed in the first region and configured to receive a light signal;
a first light-emitting element, disposed in the first region; and
a second light-emitting element, disposed in the second region,
wherein the first light-emitting element is driven by a first driving signal, and the first driving signal has a first duty cycle, wherein the second light-emitting element is driven by a second driving signal, and the second driving signal has a second duty cycle, wherein the first duty cycle has a first duty ratio, the second duty cycle has a second duty ratio, and the first duty ratio is less than the second duty ratio.
Application 18/973,114
Claim 2
Claim 4
Claim 5
Claim 11
Claim 13
Claim 15
Patent No. 12,198,642
Claim 1
Claim 2
Claim 2
Claim 7
Claim 7
Claim 9
Allowable Subject Matter
Claims 6-10, and 14 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J KOHLMAN whose telephone number is (571)270-5503. The examiner can normally be reached 9-5:30.
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/CHRISTOPHER J KOHLMAN/Primary Examiner, Art Unit 2628