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 .
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.
Claims 1-3, 5-16, 18-20 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the limitations “select a start time for a modulation pulse”, “selecting a first start time from a plurality of predefined potential start times”, “selecting a second start time from the plurality of predefined potential start times”, and “a modulation pulse starting at the selected start time” are an example of a broad genus claim being presented but the disclosure only describing a narrow species with no evidence that the genus is contemplated. MPEP 2163(II)(A)(3)(ii). The written description describes selecting a start time of a second CSF according to pixel intensity values of the first CSF and second CSF ([58], [66]-[70]: the first and second CSF are consecutive CSFs). The written description doesn’t describe, for example, selecting a start time of a third CSF based on pixel intensity values of the first and second CSF. Claims 2-3 and 5-13 depend from claim 1 and share the rejection.
Regarding claim 14, the limitations “select a start time for a modulation pulse”, “selecting a first start time from a plurality of predefined potential start times”, “selecting a second start time from the plurality of predefined potential start times”, and “a modulation pulse starting at the selected start time” are an example of a broad genus claim being presented but the disclosure only describing a narrow species with no evidence that the genus is contemplated. MPEP 2163(II)(A)(3)(ii). The written description describes selecting a start time of a second CSF according to pixel intensity values of the first CSF and second CSF ([58], [66]-[70]: the first and second CSF are consecutive CSFs). The written description doesn’t describe, for example, selecting a start time of a third CSF based on pixel intensity values of the first and second CSF. Claims 15-16 and 18-19 depend from claim 14 and share the rejection.
Regarding claim 20, the limitations “select a start time for a modulation pulse”, “selecting a first start time from a plurality of predefined potential start times”, “selecting a second start time from the plurality of predefined potential start times”, and “a modulation pulse starting at the selected start time” are an example of a broad genus claim being presented but the disclosure only describing a narrow species with no evidence that the genus is contemplated. MPEP 2163(II)(A)(3)(ii). The written description describes selecting a start time of a second CSF according to pixel intensity values of the first CSF and second CSF ([58], [66]-[70]: the first and second CSF are consecutive CSFs). The written description doesn’t describe, for example, selecting a start time of a third CSF based on pixel intensity values of the first and second CSF.
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) 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 1, the limitation “driving the liquid crystal material of the pixel with a modulation pulse starting at the selected start time” is unclear as to how the limitation “the selected start time” relates back to the prior limitations “select a start time”, “selecting a first start time”, and “selecting a second start time”. It is not clear that the first or second start time is selected as the start time for the modulation pulse. The claim merely states “selecting a first start time” and “selecting a second start time” without clearly stating that the selection is selected as the start time for the modulation pulse. Therefore it is not clear which of the three selected start times is referred to by the limitation “selected start time”. Claims 2-13 depend from claim 1 and share the rejection.
Regarding claim 14, the limitation “driving the liquid crystal material of the pixel with a modulation pulse starting at the selected start time” is unclear as to how the limitation “the selected start time” relates back to the prior limitations “select a start time”, “selecting a first start time”, and “selecting a second start time”. It is not clear that the first or second start time is selected as the start time for the modulation pulse. The claim merely states “selecting a first start time” and “selecting a second start time” without clearly stating that the selection is selected as the start time for the modulation pulse. Therefore it is not clear which of the three selected start times is referred to by the limitation “selected start time”. Claims 15-19 depend from claim 14 and share the rejection.
Regarding claim 20, the limitation “driving the liquid crystal material of the pixel with a modulation pulse starting at the selected start time” is unclear as to how the limitation “the selected start time” relates back to the prior limitations “select a start time”, “selecting a first start time”, and “selecting a second start time”. It is not clear that the first or second start time is selected as the start time for the modulation pulse. The claim merely states “selecting a first start time” and “selecting a second start time” without clearly stating that the selection is selected as the start time for the modulation pulse. Therefore it is not clear which of the three selected start times is referred to by the limitation “selected start time”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2006/0215124 A1 (Seo) teaches a color sequential liquid crystal display with varying start times for color sub frames according to pixel light level (Figs. 3A-3C).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GENE W LEE whose telephone number is (571)270-7148. The examiner can normally be reached M-F 9:30am-6:00pm.
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/Gene W Lee/Primary Examiner, Art Unit 2624
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