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 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the feature(s) “perform display with first brightness” must be shown or the feature(s) canceled from the claim(s). In the drawings, ST1 appears to be a “Non-lighting” state, which cannot be fairly construed as “perform display” nor as “first brightness”.
The feature(s) “perform display of the image signal on the basis of the second state” must be shown or the feature(s) canceled from the claim(s). In the drawings, “Displaying” appears to be ST3 rather than ST2.
The feature(s) “first timing … second timing … third timing” must be shown or the feature(s) canceled from the claim(s). Although many times and time ranges are illustrated, it is unclear which illustrated times or time ranges, if any, constitute the claimed “first timing … second timing … third timing”.
The feature(s) “the second pixel circuit obtains the imaging signal at a second timing” must be shown or the feature(s) canceled from the claim(s).
The feature(s) “supply the imaging signal at a third timing” must be shown or the feature(s) canceled from the claim(s).
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
At [0094], the SPEC recites “the element 550G(ij) performs display using the image signal on the basis of the third state”. This is inconsistent with claim 2, which recites “perform display of the image signal on the basis of the second state”.
Appropriate correction is required.
The abstract of the disclosure is objected to because it refers to purported merits. Furthermore, the ABST recites “does not perform light emission in the first state, … is configured to perform light emission on the basis of the image signal in the third state”, features which contradict features recited in claim 2.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Rejections - 35 USC § 112
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 1-2 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: “the second element has a function of generating an imaging signal” (see SPEC [0015]), and “first brightness on the basis of the first state, … second brightness on the basis of the second state, and wherein the first element is configured to perform display of the image signal on the basis of the third state”.
Claims 1-2 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.
Claim 1 recites “the third selection signal”. There is insufficient antecedent basis for this limitation in the claims.
Claim 1 recites “the imaging signal”. There is insufficient antecedent basis for this limitation in the claims.
Claim 1 recites “the first pixel circuit holds a first state or a second state from the first timing to the second timing”. It is unclear whether the limitation “holds” requires a single state throughout the recited time range, or whether the first pixel circuit may transition between the two recited stages during the recited time range.
Claim 2 recites “perform display with first brightness on the basis of the first state”. This is misdescriptive. See Applicant’s drawings, which show “Non-lighting during ST1”. See also SPEC [0095], which recites “a non-display state in the first state ST1”. It is unclear in what sense “Non-lighting” and “non-display” could possibly be construed as “perform display” nor as “first brightness”.
Claim 2 recites “perform display of the image signal on the basis of the second state”. This is misdescriptive. See SPEC [0094] which recites “element 550G(ij) performs display using the image signal on the basis of the third state”. Furthermore, the limitation “display of the image signal on the basis of the second state” contradicts “display with second brightness on the basis of the second state”. Moreover, an image itself is displayed, rather than an image signal being displayed.
Allowable Subject Matter
Claims 1-2 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Reasons for indicating allowable subject matter will be stated after the claims are amended to become reasonably clear and definite, and to recite all essential subject matter.
Conclusion
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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.
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, 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
07/18/2026
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