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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings were received on 06/02/2026. These drawings are acceptable.
Election/Restrictions
Claims 1, 10, and 17-18 are allowable. The restriction requirement among Species A-F, as set forth in the Office action mailed on 12/18/2025, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is hereby withdrawn as to any claim that requires all the limitations of an allowable claim. Specifically, claims 8-9, directed to species no longer withdrawn from consideration because the claim(s) requires all the limitations of an allowable claim. However, claims 4-7 and 13-16, directed to non-elected species, remain withdrawn from consideration because they do not require all the limitations of any allowable claim.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claims 4-7 and 13-16 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/27/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 8-9 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 8: Claim 8 recites “A driving circuit for the double-sided display panel as recited in claim 1”. Claim 1 is drawn to a specific double-sided display panel, rather than to a double-sided display panel in general. When reading the preamble in the context of the entire claim, panel details appearing within the parent claim are not limiting to the child claim because the body of the child claim describes a complete invention and the language recited solely in the preamble of the child claim does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02. For this reason it would be unreasonable to construe child claim 8 to incorporate by reference all the limitations of parent claim 1. Insofar as some double-sided display panel functions merely as an intended use for the specific driving circuit claimed, features specific to a panel do not appear to limit the claimed driving circuit.
Regarding claim 9: Claim 9 recites “A driving method, used in the driving circuit as recited in claim 8”. Claim 8 is drawn to a specific driving circuit, rather than to a driving circuit in general. When reading the preamble in the context of the entire claim, panel details appearing within the parent claim are not limiting to the child claim because the body of the child claim describes a complete invention and the language recited solely in the preamble of the child claim does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02. For this reason it would be unreasonable to construe child claim 9 to incorporate by reference all the limitations of parent claim 8. Insofar as some driving circuit functions merely as an intended use for the specific driving method claimed, features specific to a circuit do not appear to limit the claimed driving method.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1, 10, and 17-18 are allowed.
Response to Arguments
Applicant’s arguments regarding the elected claims have been fully considered and are persuasive. All prior art rejections have been withdrawn.
Applicant’s arguments regarding the drawings have been fully considered and are persuasive. All drawing objections have been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action by placing claims 8-9 into condition for rejoinder. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Julie Anne Watko whose telephone number is (571)272-7597. The examiner can normally be reached Monday-Tuesday 9AM-5PM, Wednesday 10:30AM-5PM, Thursday-Friday 9AM-5PM, and occasional Saturdays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at 571-272-7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
JULIE ANNE WATKO
Primary Examiner
Art Unit 2627
/Julie Anne Watko/Primary Examiner, Art Unit 2627
09/30/2026