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 .
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-2 and 4 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 3 and 4 of US. Pub. No. 12,340,764. Although the conflicting claims are not identical, they are not patentably distinct from each other because the broader claim limitation of claim 1 of the current application is met by the narrower claim limitation of claim 1 of US. Pub. No. 12,340,764 as shown in the following tables and the discussion thereafter.
Current Application
US. Pub. No. 12,340,764
1. 1. An electronic device, comprising:
a display module comprising a display charging period and a liquid crystal rotating period in one frame; and
a backlight module configured to provide a light source to the display module, wherein the backlight module comprises a backlight driving period corresponding to one frame of the display module,
wherein a portion of the backlight driving period of an Nth frame is overlapped with the
display charging period of an (N+1)th frame, and N is a positive integer,
wherein the backlight module comprises a backlight driving circuit, the backlight driving
circuit is capable of providing commands with different driving frequencies according to an operation state of the display module, and the backlight module is operated in the backlight driving period in one frame according to the commands with different driving frequencies.
1. An electronic device, comprising:
a display module comprising a display charging period and a liquid crystal rotating period in one frame; and
a backlight module configured to provide a light source to the display module, wherein the backlight module comprises a backlight driving period corresponding to one frame of the display module,
wherein a portion of the backlight driving period of an Nth frame is overlapped with the display charging period of an (N+1)th frame, and N is a positive integer,
wherein the backlight driving period comprises a first driving period and at least one second driving period which correspond to one frame of the display module, wherein the backlight module is driven with a first frequency in the first driving period, the backlight module is driven with a second frequency in the second driving period, and the first frequency is different from the second frequency.
Claim 2 of the present application corresponds to claim 3 of US. Pub. No. 12,340,764.
Claim 4 of the present application corresponds to claim 4 of US. Pub. No. 12,340,764.
Allowable Subject Matter
Claim 3 is 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.
Claims 1-2 and 4 would be allowable if a Terminal Disclaimer is filed to overcome the Double patenting rejection(s) set forth in this Office Action.
Claim 5 is allowed.
The following is an examiner’s statement of reasons for allowance:
None of the prior art, made of record, singularly or in combination, teaches or fairly suggests the features presented in the combined limitations of independent claims 1 and 5, specifically the limitations stated as “wherein the backlight module comprises a backlight driving circuit, the backlight driving circuit is capable of providing commands with different driving frequencies according to an operation state of the display module, and the backlight module is operated in the backlight driving period in one frame according to the commands with different driving frequencies” of claim 1; and “a display module comprising a display charging period and a liquid crystal rotating period in one frame, wherein the display module has a variable frame rate…wherein the display module comprises a display driving circuit, and the backlight module comprises a backlight driving circuit, wherein one of the display driving circuit and the backlight driving circuit is capable of providing a command with a constant driving frequency according to an operation state of the display module, and the backlight module is operated in the backlight driving period in one frame according to the command with the constant driving frequency” of claim 5. The dependent claims 2-4 are allowed for at least the same reason indicated above.
Liu (US. Pub. No. 2007/0229444) is considered the closest prior art. Liu discloses an electronic device comprising: a display module comprising a display charging period and a liquid crystal rotating period in one frame. Liu further discloses a backlight module configured to provide a light source to the display module; however, Liu fails to disclose wherein the backlight module comprises a backlight driving circuit, the backlight driving circuit is capable of providing commands with different driving frequencies according to an operation state of the display module, and the backlight module is operated in the backlight driving period in one frame according to the commands with different driving frequencies required for claim 1; and a display module comprising a display charging period and a liquid crystal rotating period in one frame, wherein the display module has a variable frame rate…wherein the display module comprises a display driving circuit, and the backlight module comprises a backlight driving circuit, wherein one of the display driving circuit and the backlight driving circuit is capable of providing a command with a constant driving frequency according to an operation state of the display module, and the backlight module is operated in the backlight driving period in one frame according to the command with the constant driving frequency required for claim 5.
Tsumura (US. Pub. No. 2004/0041760) discloses an electronic device wherein a portion of the backlight driving period of an Nth frame is overlapped with the display charging period of an (N+1)th frame, and N is a positive integer; however, Tsumura fails to disclose wherein the backlight module comprises a backlight driving circuit, the backlight driving circuit is capable of providing commands with different driving frequencies according to an operation state of the display module, and the backlight module is operated in the backlight driving period in one frame according to the commands with different driving frequencies required for claim 1; and a display module comprising a display charging period and a liquid crystal rotating period in one frame, wherein the display module has a variable frame rate…wherein the display module comprises a display driving circuit, and the backlight module comprises a backlight driving circuit, wherein one of the display driving circuit and the backlight driving circuit is capable of providing a command with a constant driving frequency according to an operation state of the display module, and the backlight module is operated in the backlight driving period in one frame according to the command with the constant driving frequency required for claim 5.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US. Pub. No. 2013/0271441 (Ahn et al.) is considered as pertinent art as seen in figure 2.
US. Pub. No. 2017/0047023 (Matsui et al.) is also considered as pertinent art as seen in figure 5.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAN-YING YANG whose telephone number is (571)272-2211. The examiner can normally be reached Monday-Friday, 8am-5pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BENJAMIN LEE can be reached at (571)272-2963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NAN-YING YANG/Primary Examiner, Art Unit 2629
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