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 1-10 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over the claims of Patent No US 12,086,339 B2 and Patent No US 12,468,425 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims in the instant application and the publication are substantially identical in structural and functional characteristics. For example:
Instant Application
Patent No US 12,086,339 B2
Patent No US 12,468,425 B2
Explanation
1. A driving circuit, for driving a touch display panel, the driving circuit comprising: a controller, configured to provide a first modulation signal, a second modulation signal, a first control signal and a second control signal;
a first switch coupled to a first node, the first node being configured for providing a first gate output signal to the touch display panel, the first switch being turned on or turned off by the first control signal;
and a second switch coupled to a second node, the second node being different from the first node, and the second node being configured for providing a second gate output signal to the touch display panel,
the second switch being turned on or turned off by the second control signal.
14. A driving circuit, for driving a touch display panel, the driving circuit comprising: a controller, configured to provide a first modulation signal, a second modulation signal, a first control signal and a second control signal;
a first transistor, directly coupled between a power integrated circuit and a first node, the first node being configured for providing a low gate output signal to the touch display panel, a control terminal of the first transistor being controlled by the first control signal;
a second transistor, directly coupled between the power integrated circuit and a second node, the second node being configured for providing a high gate output signal to the touch display panel;
15. provide the first control signal and the second control signal to turn off the first transistor and the second transistor
1. A driving circuit, for driving a touch display panel, the driving circuit comprising: a controller, configured to provide a first modulation signal, a second modulation signal, a first control signal and a second control signal;
a first switch, directly coupled between a power integrated circuit and a first node, the first node being configured for providing a low gate output signal to the touch display panel, the first switch being turned on or turned off by the first control signal;
a second switch, connected between the power integrated circuit and a second node, the second node being different than the first node, and the second node being configured for providing a high gate output signal to the touch display panel,
the second switch being turned on or turned off by the second control signal;
The term “switch” of the instant claim is interchangeable with the term “transistor” of the ‘339 patent.
In regards to instant claims 2-10, all limitations of these claims are contained in the claims of the ‘339 patent and ‘425 as follows:
Instant Application
Patent No US 12,086,339 B2
Patent No US 12,468,425 B2
2
15
2
3
15
2
4
15
2
5
15
2
6
16
3
7
16
3
8
18
5
9
18
5
10
14
8
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.
Claims 1-3 and 5-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jang (US 2017/0192608 A1).
Instant Claim 1: A driving circuit, (“Referring to FIG. 2, the touch system 200 may include at least one of: a plurality of touch electrodes (TE); a touch circuit 210; a micro-control unit 220; or a touch power IC (TPIC) 230. This touch system 220 may be referred to as a touch sensing circuit or a touch driving circuit as well.” (Jang, paragraph 80) The touch driving circuit of Jang correspond to the driving circuit of the claim. It appears that Jang’s reference to touch system 220 should actually be touch system 200, which is also called the touch driving circuit.)
for driving a touch display panel, (Referring to fig 2 of Jang, display panel 110 corresponds to the touch display panel of the claim.)
the driving circuit comprising: a controller, (Referring to the above citation from paragraph 80 of Jang, micro-control unit 220 corresponds to the controller of the claim.)
configured to provide a first modulation signal, a second modulation signal, (“Here, the touch driving signal (TDS) may be a pulse width modulation signal in which a high level voltage and a low level voltage alternate with each other according to a predetermined duty cycle.” (Jang, paragraph 83) The touch driving signal of Jang corresponds to the first modulation signal and second modulation signal of the claim.)
a first control signal and a second control signal; a first switch (“In the case where the feedback capacitor (Cfb) (fig 3) is the variable capacitor, it may be comprised of a plurality of capacitors and a plurality of switches.” (Jang, paragraph 97) One of the switches of Jang corresponds to the first switch of the claim. The signals used to turn the switches on/off correspond to the first control signal and second control signal of the claim.)
coupled to a first node, (“As described above, the voltage at the node Px (fig 4) may correspond to the power voltage (Va) supplied through the adapter 412 or the power voltage (Vb) supplied from the battery 411 according to whether or not the power is supplied through the adapter 412.” (Jang, paragraph 115) The node Px of Jang corresponds to the first node of the claim.)
the first node being configured for providing a first gate output signal to the touch display panel, (“In general, the power voltage (Vb) (fig 4) supplied from the battery 411 is lower than the power voltage (Va) supplied through the adapter 412.” (Jang, paragraph 119) The voltage supplied to the display panel 110 of Jang originating from the battery 411 corresponds to the first gate output signal of the claim.)
the first switch being turned on or turned off by the first control signal; (“In the case where the feedback capacitor (Cfb) (fig 3) is the variable capacitor, it may be comprised of a plurality of capacitors and a plurality of switches.” (Jang, paragraph 97) Signals are used to turn the switches of Jang on/off.)
and a second switch (“In the case where the feedback capacitor (Cfb) (fig 3) is the variable capacitor, it may be comprised of a plurality of capacitors and a plurality of switches.” (Jang, paragraph 97) Another one of the switches of Jang corresponds to the second switch of the claim.)
coupled to a second node, the second node being different from the first node, and the second node being configured for providing a second gate output signal to the touch display panel, (“In general, the power voltage (Vb) (fig 4) supplied from the battery 411 is lower than the power voltage (Va) supplied through the adapter 412.” (Jang, paragraph 119) The voltage supplied to the display panel 110 of Jang originating from the adapter 412 corresponds to the second gate output signal of the claim. Referring to fig 4 of Jang, the node at the output of the adapter 412 corresponds to the second node of the claim.)
the second switch being turned on or turned off by the second control signal. (“In the case where the feedback capacitor (Cfb) (fig 3) is the variable capacitor, it may be comprised of a plurality of capacitors and a plurality of switches.” (Jang, paragraph 97) Signals are used to turn the switches of Jang on/off.)
Instant Claim 2: The driving circuit of claim 1, wherein, during a display period, the controller is configured to provide the first modulation signal at a first fixed level to a first terminal of a first capacitor, and provide the second modulation signal at a second fixed level to a first terminal of a second capacitor, wherein a second terminal of the first capacitor is connected to the first node, and a second terminal of the second capacitor is connected to the second node. (“Here, the touch driving signal (TDS) may be a pulse width modulation signal in which a high level voltage and a low level voltage alternate with each other according to a predetermined duty cycle.” (Jang, paragraph 83) The period of Jang in which the touch driving signal is provided corresponds to the display period of the claim.
“The feedback capacitor (Cfb) is connected between the first terminal (n1) and the output terminal (n3) of the amplifier 310.” (Jang, paragraph 95) The feedback capacitor of Jang corresponds to the first capacitor of the claim.
“In addition, the feedback capacitor (Cfb) may be comprised of a plurality of capacitors.” (Jang, paragraph 97) One of the additional capacitors of the feedback capacitor of Jang may correspond to the second capacitor of the claim.)
Instant Claim 3: The driving circuit of claim 1, wherein, during a display period, the controller is configured to provide the first control signal and the second control signal to turn on the first switch and the second switch. (“In the case where the feedback capacitor (Cfb) (fig 3) is the variable capacitor, it may be comprised of a plurality of capacitors and a plurality of switches.” (Jang, paragraph 97) The period of Jang in which the switches are turned on corresponds to the display period of the claim.)
Instant Claim 5: The driving circuit of claim 1, wherein, during a touch period, the controller is configured to provide the first control signal and the second control signal to turn off the first switch and the second switch. (“In the case where the feedback capacitor (Cfb) (fig 3) is the variable capacitor, it may be comprised of a plurality of capacitors and a plurality of switches.” (Jang, paragraph 97) The period of Jang in which the switches are turned off corresponds to the display period of the claim.)
Instant Claim 6: The driving circuit of claim 1, wherein the controller comprises: a first multiplexer, configured to provide the first modulation signal to a first terminal of a first capacitor, two inputs of the first multiplexer respectively being configured to receive a reference voltage and a swing signal toggling between two voltage levels. (“The multiplexer (MUX) (fig 3) may output the touch driving signal (TDS) (fig 2) to the signal lines (SL) that are connected with the touch electrodes (TE) to be driven among the plurality of sensing lines (SL).” (Jang, paragraph 100))
Instant Claim 7: The driving circuit of claim 1, wherein the controller comprises: a second multiplexer, configured to provide the second modulation signal to a first terminal of a second capacitor, two inputs of the second multiplexer respectively being configured to receive a system voltage and a swing signal toggling between two voltage levels. (“The multiplexer (MUX) (fig 3) may output the touch driving signal (TDS) (fig 2) to the signal lines (SL) that are connected with the touch electrodes (TE) to be driven among the plurality of sensing lines (SL).” (Jang, paragraph 100))
Instant Claim 8: The driving circuit of claim 6, wherein, during a touch period, the first multiplexer is configured to provide the swing signal as the first modulation signal. (“The multiplexer (MUX) (fig 3) may output the touch driving signal (TDS) (fig 2) to the signal lines (SL) that are connected with the touch electrodes (TE) to be driven among the plurality of sensing lines (SL).” (Jang, paragraph 100) The period of Jang in which the multiplexer outputs the touch driving signal corresponds to the touch period of the claim.)
Instant Claim 9: The driving circuit of claim 7, wherein, during a touch period, the second multiplexer is configured to provide the swing signal as the second modulation signal. (“The multiplexer (MUX) (fig 3) may output the touch driving signal (TDS) (fig 2) to the signal lines (SL) that are connected with the touch electrodes (TE) to be driven among the plurality of sensing lines (SL).” (Jang, paragraph 100) The period of Jang in which the multiplexer outputs the touch driving signal corresponds to the touch period of the claim.)
Claim Rejections - 35 USC § 103
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jang.
Instant Claim 10: The driving circuit of claim 1, wherein each of the first switch and the second switch comprises a bipolar junction transistor, a silicon MOSFET, an insulated gate bipolar transistor (IGBT) or a silicon carbide (SIC) MOSFET. (“In the case where the feedback capacitor (Cfb) (fig 3) is the variable capacitor, it may be comprised of a plurality of capacitors and a plurality of switches.” (Jang, paragraph 97) Although Jang does not explicitly teach the type of the switches, the switches would obviously be one of the types listed in claim 10.)
Allowable Subject Matter
Claim 4 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.
The following is a statement of reasons for the indication of allowable subject matter: With respect to claim 4, the prior art fails to teach or fairly suggest “The driving circuit of claim 1, wherein, during a touch period, the controller is configured to provide the first modulation signal with toggling voltage levels to a first terminal of a first capacitor, and provide the second modulation signal with toggling voltage levels to a first terminal of a second capacitor.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yaron Cohen whose telephone number is (571)270-7995. The examiner can normally be reached on Monday - Friday 8:30 AM to 5:00 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, Temesghen Ghebretinsae can be reached on 571-272-3017. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Yaron Cohen/Examiner, Art Unit 2626
Prosecution Insights