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.
Information Disclosure Statement
The information disclosure statement filed on 8/25/2025 fails to comply with the provisions of 37 CFR 1.98(a)(4) because it lacks the appropriate size fee assertion. It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,222,583 (resulting from App. No. 16/768,720)). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of this application
Claim 1 of U.S. Patent No. 11,222,583
A display comprising:
a pixel comprising:
a display element comprising a micro light-emitting diode; and
a microcontroller comprising a first transistor, a triangular wave generator circuit, a comparator, a switch, and a constant current circuit,
wherein the first transistor is configured to retain a potential corresponding to data written to the pixel by being turned off,
wherein the comparator is configured to generate an output signal in accordance with the potential and a triangular wave signal from the triangular wave generator circuit,
wherein the switch is configured to control whether or not to make a current flowing in the constant current circuit flow to the display element in accordance with the output signal, and
wherein the constant current circuit comprises:
a third transistor comprising an oxide semiconductor in a channel formation region; and
a fourth transistor comprising silicon in a channel formation region.
A display comprising:
a pixel comprising:
a display element comprising a micro light-emitting diode; and
a microcontroller comprising a first transistor, a triangular wave generator circuit, a comparator, a switch, and a constant current circuit,
wherein the first transistor is configured to retain a potential corresponding to data written to the pixel by being turned off,
wherein the comparator is configured to generate an output signal in accordance with the potential and a triangular wave signal from the triangular wave generator circuit,
wherein the switch is configured to control whether or not to make a current flowing in the constant current circuit flow to the display element in accordance with the output signal, and
wherein the constant current circuit comprises:
a second transistor comprising an oxide semiconductor in a channel formation region; and
a third transistor comprising silicon in a channel formation region.
As can be seen from the above comparison, claim 1 of U.S. Patent No. 11,222,583 teaches each feature of claim 1 of this instant application (Note: “a second transistor” in the former reads on “a third transistor” in the latter and “a third transistor” in the former reads on “a fourth transistor” in the latter).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US Patent No. 9, 608,614 by Sugiyama et al. discloses in Fig. 15 a related technique to the instant invention, wherein a microcontroller is employed for driving a pixel, the microcontroller including a comparator 33 and a constant current circuit 34. The structure of constant current circuit 34, however, is not specified.
US 2014/0292745 by Kikuchi et al. discloses in Fig. 1A a related technique to the instant invention, wherein a microcontroller is employed for driving a pixel, the microcontroller including a comparator 12 and a constant current source 13. The structure of constant current source 13, however, is not specified.
US 2003/0142048 by Nishitani et al. discloses in Fig. 1 a related technique to the instant invention, wherein a microcontroller is employed for driving a pixel, the microcontroller including a comparator Cop (m,n) and a constant current source providing constant current An. The structure of constant current source, however, is not specified.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XUEMEI ZHENG whose telephone number is (571)272-1434. The examiner can normally be reached Monday-Friday: 9:30 pm-6:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/XUEMEI ZHENG/Primary Examiner, Art Unit 2629
Prosecution Insights