Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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: “module” throughout the claim language.
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 § 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 –
Claims 1 – 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bae et al. (US Pub. No. 2018/0113559 A1).
As to claims 1, 13 and 7, Bae shows a driving method and associated apparatus (Fig. 1 and para. 118) including a touch display panel including N vertically arranged areas (Fig. 3 and paras. 143 and 144), wherein the driving apparatus includes a fist synchronous touch module (i.e. multiplexer or group of multiplexers, for example, Figs. 3 and 11 and paras. 158 and 22) configured for: under a condition that display scanning is performed on one of the areas (i.e. display periods D), synchronously performing touch sensing on M areas out of the other N-1 areas in sequence (Figs. 3 and 4 and paras. 143 – 155), wherein 1≤M ≤N-1; sequentially completing performing the display scanning and the touch sensing for all of the N areas within one frame time (Figs. 3 and 4 and paras. 143 – 155).
As to claims 2, 10 and 16, Bae shows that an order in which the N areas undergo display scanning and touch sensing remains unchanged per frame time (Figs. 3 and 4 and paras. 143 and 144).
As to claims 3, 11 and 17, Bae shows that durations of touch sensing for M areas out of the other N-1 areas are equal (Figs. 3 and 4 and paras. 143 – 155).
As to claims 4, 12 and 18, Bae shows that under a condition that M is 1 or 2, one of the areas in which display scanning is conducted and M areas out of the other N-1 areas in which touch sensing is conducted are not adjacent to each other (Figs. 3 and 4 and paras. 143 – 155).
As to claims 5, 8 and 14, Bae shows that the touch display panel includes a plurality of gate lines GL, a plurality of data lines DL (Figs. 41 and 42 and para. 140), and conductive electrode arrays that are arranged in separate layers (Figs. 44 – 47 and paras. 622 and 639), wherein the plurality of gate lines and the plurality of data lines are arranged in a crisscross pattern to form a plurality of pixel cells (Fig. 41 and para. 140), the gate lines are configured to output scan signals to turn on the pixel cells (Figs. 41 and 42 and para. 137), the data lines are configured to input data signals to the pixel cells (Figs. 41 and 42 and para. 137), and the conductive electrode arrays are configured to output a common signal or touch signals to the pixel cells (Figs. 41 and 42 and para. 137); in the driving method, the display scanning being performed on one of the areas specifically comprises: outputting, by the gate lines, the scan signals to turn on any one or multiple rows of the pixel cells in the one of the areas (Figs. 3 and 4 and paras. 143 – 155), inputting, by the data lines, the data signals to the any one or multiple rows of the pixel cells in the one of the areas (Figs. 3 and 4 and paras. 143 – 155), and outputting, by the conductive electrode array in the one of the areas, the common signal (Figs. 3 and 4 and paras. 143 – 155).
As to claim 6, Bae shows that the performing touch sensing on M areas out of the other N-1 areas in sequence specifically comprises: outputting, by the conductive electrode arrays in M areas out of the N-1 areas, the touch signals (Figs. 3 and 4 and paras. 143 – 155).
As to claims 9 and 15, Bae shows that the first synchronous touch module of the driving apparatus further comprises a second synchronous touch module (i.e. alternative multiplexer or group of multiplexers, for example, Figs. 3 and 11 and paras. 158 and 22), and the second synchronous touch module is configured for: under a condition that the touch sensing is performed on M areas out of the other N-1 areas in sequence, causing the conductive electrode arrays in M areas out of the N-1 areas to output the touch signals (Figs. 3 and 4 and paras. 143 – 155).
As to claims 19 and 20, Bae shows that the one area among the N areas where display scanning is performed each time is different (Figs. 3 and 4 and paras. 143 – 155), and the M areas out of the other N-1 areas where touch sensing is synchronously carried out are also different (Figs. 3 and 4 and paras. 143 – 155).
CONCLUSION
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/CARL ADAMS/ Examiner, Art Unit 2627