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.
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:
“driving module”; “light emitting module”; “signal receiving module”; and “power module”
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. However, -the corresponding structure can be described in the specification as follows “driving module” [0019, Fig. 5, element 152]; “light emitting module” [0019, Fig. 5, element 153]; “signal receiving module” [0019, Fig. 5, element 151] and will be interpreted as such. As to the “power module”, there does not appear to be a corresponding structure in the specification that is performing the claimed functionality of said “power module”.
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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 11, in light of the claim interpretation of 112(f) above, there does not appear to be a corresponding structure in the specification that is performing the claimed functionality of said “power module”, thus rendering the claim ambiguous. Clarification is required.
Claims 12-20 are rejected here at least based on dependency.
Claims 7-9 and 17-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claims 7 (and similarly claim 17), the subject matter of the claim (e.g., how the first/fourth sub-signals can be equal, third/second sub-signals can be equal and the first can be greater than the second sub-signal data) was not described in the specification in a way to enable one skilled in the art how to make and/or use the invention. While [0062+] of applicant’s specification describe probabilities of possible combinations, how can the data sub-signal be enabled differently or exactly to certain light emitting modules and not another light emitting module when each light emitting module is connected to the same gate circuit having the same type of transistor to each receive the same data signal S. Clarification is required.
Regarding claims 8 (and similarly claim 18), the subject matter of the claim (e.g., how the light emitting module brightness can be controlled to set certain light emitting modules to be equal to, greater than, or less than others to obtain the set mixed brightness’) was not described in the specification in a way to enable one skilled in the art how to make and/or use the invention. While [0062+] of applicant’s specification describe probabilities of possible combinations, how can the light emitting module brightness can be controlled to set certain light emitting modules to be equal to, greater than, or less than others to obtain the set mixed brightness’ when each light emitting module is connected to the same gate circuit having the same type of transistor to each receive the same data signal S. Clarification is required.
Regarding claims 9 (and similarly claim 19), the subject matter of the claim (e.g., how the light emitting module brightness can be controlled to set certain light emitting modules to be equal to, greater than, or less than others to obtain the set mixed brightness’ and how such random sequences can be output to the entire display) was not described in the specification in a way to enable one skilled in the art how to make and/or use the invention. While [0062+] of applicant’s specification describe probabilities of possible combinations, how can the light emitting module brightness can be controlled to set certain light emitting modules to be equal to, greater than, or less than others to obtain the set mixed brightness’ and how such random sequences can be output to the entire display, when each light emitting module is connected to the same gate circuit having the same type of transistor to each receive the same data signal S. Clarification is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yue (US 2021.0358930).
Regarding claim 1, Yue disclose:
A display panel, comprising a plurality of pixel units arranged in an array, the plurality of pixel units each being configured to execute image display according to a received data signal, wherein each of the plurality of pixel units comprises at least two driving modules and at least one light-emitting module, the at least two driving modules are electrically connected to the at least one light-emitting module, respectively, and are configured to simultaneously receive the data signal and respectively provide corresponding driving current to the at least one light- emitting module, to drive the at least one light-emitting module to emit light for image display (see Fig. 5-6; [0003, 0046, 0105-0108]; plurality of pixel units P with at least two diving modules T13, T23 and at least one light emitting module MLED1 to simultaneously receive driving current to emit light for image display).
Regarding claim 2, the rejection of claim 1 is incorporated herein. Yue further disclose:
each of the plurality of pixel units comprises a first driving module, a second driving module, a first light-emitting module, and a second light- emitting module, the first driving module is electrically connected to the first light-emitting module and configured to drive the first light-emitting module to emit light according to the data signal, and the second driving module is electrically connected to the second light-emitting module and configured to drive the second light-emitting module to emit light according to the data signal (see Fig. 5; second light emitting module MLED2)
Regarding claim 3, the rejection of claim 1 is incorporated herein. Yue further disclose:
each of the plurality of pixel units comprises a first driving module, a second driving module, a third driving module, and a fourth driving module, the first driving module, the second driving module, the third driving module, and the fourth driving module are electrically connected to the at least one light-emitting module, and the first driving module, the second driving module, the third driving module, and the fourth driving module are configured to simultaneously receive the data signal and drive the at least one light- emitting module to emit light according to the data signal (see Fig. 5; third driving module T33; fourth driving module T33)
Regarding claim 4, the rejection of claim 3 is incorporated herein. Yue further disclose:
the display panel further comprises a plurality of data lines and a plurality of scan lines, each of the plurality of pixel units further comprises a signal receiving module electrically connected to one of the plurality of data lines and one of the plurality of scan lines, the signal receiving module is configured to receive a scan signal from the one of the plurality of scan lines, receive a data signal from the one of the plurality of data lines under the control of the scan signal, and transmitted the data signal to the first driving module, the second driving module, the third driving module, and the fourth driving module (see Fig. 5-6; scan lines T-gate; data lines Data; to transmit to first-fourth driving modules)
Regarding claim 5, the rejection of claim 4 is incorporated herein. Yue further disclose:
the first driving module comprises a first control transistor, the second driving module comprises a second control transistor, the third driving module comprises a third control transistor, and the fourth driving module comprises a fourth control transistor; and a control terminal of the first control transistor is electrically connected to the signal receiving module, a first terminal of the first control transistor is electrically connected to a driving voltage terminal, and a second terminal of the first control transistor is electrically connected to the at least one light-emitting module; a control terminal of the second control transistor is electrically connected to the signal receiving module, a first terminal of the second control transistor is electrically connected to the driving voltage terminal, and a second terminal of the second control transistor is electrically connected to the at least one light-emitting module; a control terminal of the third control transistor is electrically connected to the signal receiving module, a first terminal of the third control transistor is electrically connected to the driving voltage terminal, and a second terminal of the third control transistor is electrically connected to the at least one light-emitting module; and a control terminal of the fourth control transistor is electrically connected to the signal receiving module, a first terminal of the fourth control transistor is electrically connected to the driving voltage terminal, and a second terminal of the fourth control transistor is electrically connected to the at least one light-emitting module (see Fig. 5-6)
Regarding claim 6, the rejection of claim 4 is incorporated herein. Yue further disclose:
the at least one light-emitting module is implemented as a first light-emitting module, a second light-emitting module, a third light- emitting module, and a fourth light-emitting module; and the first driving module is electrically connected to the first light-emitting module and is configured to drive the first light-emitting module to emit light according to the data signal; the second driving module is electrically connected to the second light-emitting module and is configured to drive the second light-emitting module to emit light; the third driving module is electrically connected to the third light-emitting module and is configured to drive the third light- emitting module to emit light; and the fourth driving module is electrically connected to the fourth light-emitting module and is configured to drive the fourth light-emitting module to emit light (see Fig. 5-6; where third light emitting module MLED3 and fourth light emitting module MLED3).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 10-16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yue in view of Yang (US 2019.0325823).
Regarding claim 10, the rejection of claim 1 is incorporated herein. While Yue provides for data and scan lines to deliver requisite signals to each pixel of the display, it is not explicit as to, and Yang disclose:
the plurality of pixel units are disposed in a display region of the display panel; the display panel further comprises, in a non-display region of the display panel, a timing control circuit for driving the plurality of pixel units to execute image display, a data driving circuit, and a scan driving circuit; the display panel further comprises a plurality of data lines and a plurality of scan lines; the timing control circuit is electrically connected to the data driving circuit and configured to control timing of the data driving circuit and the scan driving circuit; the data driving circuit is electrically connected to the plurality of data lines and is configured to transmit data signals for display to the plurality of pixel units through the plurality of data lines; and the scan driving circuit is electrically connected to the plurality of scan lines and is configured to output scan signals through the plurality of scan lines to control when the plurality of pixel units receive the data signals (see Fig. 13; [0108-0110]; display region (pixels); not display region (outside pixels); timing control circuit (not shown); scan driving circuit 7; data driving circuit 6; data lines 61; scan lines 71; pixels 8; timing circuit to control driving of display).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of applicant’s invention to combine the known techniques of Yang to that of Yue, to predicably provide well known display components to allow for the timed driving of the device to display correct images.
Regarding claim 11, Yue disclose:
the display panel comprising a plurality of pixel units arranged in an array, the plurality of pixel units each being configured to execute image display according to a received data signal, wherein each of the plurality of pixel units comprises at least two driving modules and at least one light-emitting module, the at least two driving modules are electrically connected to the at least one light- emitting module, respectively, and are configured to simultaneously receive the data signal and respectively provide corresponding driving current to the at least one light-emitting module, to drive the at least one light-emitting module to emit light for image display (see Fig. 5-6; [0003, 0046, 0105-0108]; plurality of pixel units P with at least two diving modules T13, T23 and at least one light emitting module MLED1 to simultaneously receive driving current to emit light for image display).
While Yue provides pixels and pixel array for a display panel, it is not explicit as to, and Yang disclose:
a display device, comprising a power module and a display panel wherein the power module is configured to supply driving power for the display panel to drive the display panel to execute image display (see Fig. 13; [0099-0104]; power module VDD to supply power VDD to drive display to display image in light emitting phase).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of applicant’s invention to combine the known techniques of Yang to that of Yue, to predicably provide power to the display device to display correct images.
Regarding claims 12-16 and 20, claims 12-16 and 20are rejected under the same rationale as claims 2-6 and 10, respectively.
Allowable Subject Matter
Claims 7-9 and 17-19 may be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action and to include 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 KENNETH BUKOWSKI whose telephone number is (571)270-7913. The examiner can normally be reached Monday - Friday // 0730-1530.
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/kenneth bukowski/ Primary Examiner, Art Unit 2621