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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/04/2026 was filed after the mailing date of the application on 01/21/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11099380. Although the claims at issue are not identical, they are not patentably distinct from each other because the systems of this application contains similar structures adequate to perform the functions recited in the patent application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. The claims are as follows with the differences highlighted:
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With reference to claim 1: A media device, comprising: a display screen; and a backlight apparatus, wherein the backlight apparatus comprises: first and second light-emitting diodes (LEDs) in a first horizontal zone; third and fourth LEDs in a second horizontal zone; a first driver integrated circuit (IC) connected to the first and third LEDs and configured to turn on the first LED during a first quarter of a frame and configured to turn on the third LED during a second quarter of the frame duration; and a second driver IC connected to the second and fourth LEDs and configured to turn on the second LED during the first quarter of the frame duration and to turn on the fourth LED during the second quarter of the frame duration.
With reference to claim 1: A media device, comprising: a display screen; and a backlight apparatus, wherein the backlight apparatus comprises: first and second light-emitting diodes (LEDs) in a first horizontal zone; third and fourth LEDs in a second horizontal zone, wherein the first and third LEDs are vertically aligned; a first driver integrated circuit (IC) connected to the first and third LEDs and configured to turn on the first LED during a first time period and to turn on the third LED during a second time period different from the first time period, wherein the first and third LEDs are connected to different output channels of the first driver IC, the first time period is a first quarter of a frame duration, and the second time period is a second quarter of the frame duration; and a second driver IC connected to the second and fourth LEDs and configured to turn on the second LED during the first time period and to turn on the fourth LED during the second time period.
Claim 1 of this application is being anticipated by claim 1 of patent 12579950 with similar variation in the non-highlighted limitation above.
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With reference to claim 11: A backlight apparatus, comprising: a first light-emitting diode (LED) in a first horizontal zone; a second LED in a second horizontal zone; and a driver integrated circuit (IC) connected to the first LED and the second LED, wherein the driver IC comprises a timing control unit configured to output a control signal to the first LED during a first quarter of the frame duration and to the second LED during a second quarter of the frame duration.
With reference to claim 10: A backlight apparatus, comprising: a first light-emitting diode (LED) in a first horizontal zone; a second LED in a second horizontal zone, wherein the first and second LEDs are vertically aligned; and a driver integrated circuit (IC) connected to the first LED through a first output channel and the second LED through a second output channel different from the first output channel, wherein the driver IC comprises a timing control unit configured to output a control signal to the first LED during a first time period and to the second LED during a second time period different from the first time period, and wherein the first time period is a first quarter of a frame duration and the second time period is a second quarter of the frame duration.
Claim 11 of this application is being anticipated by claim 10 of patent 12579950 with similar variation in the non-highlighted limitation above.
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With reference to claim 16: A method, comprising: receiving, by a driver integrated circuit (IC), a backlight-dimming control signal for first and second light-emitting diodes (LEDs), wherein the first LED is in a first horizontal zone and the second LED is in a second horizontal zone; outputting, by the driver IC, the backlight-dimming control signal to the first LED during a first quarter of the frame duration; and outputting, by the driver IC, the backlight-dimming control signal to the second LED during a second quarter of the frame duration.
With reference to claim 15: A method, comprising: receiving, by a driver integrated circuit (IC), a backlight-dimming control signal for first and second light-emitting diodes (LEDs), wherein the first LED is in a first horizontal zone and the second LED is in a second horizontal zone, and wherein the first and second LEDs are vertically aligned; outputting, by the driver IC, the backlight-dimming control signal to the first LED through a first output channel during a first time period; and outputting, by the driver IC, the backlight-dimming control signal to the second LED through a second output channel different from the first output channel during a second time period different from the first time period, wherein the first time period is a first quarter of a frame duration and the second time period is a second quarter of the frame duration.
Claim 16 of this application is being anticipated by claim 15 of patent 12579950 with similar variation in the non-highlighted limitation above.
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Claim 2 is anticipated and comparison
With respect to claim 2.
Claim 3 is anticipated and comparison
With respect to claim 3.
Claim 4 is anticipated and comparison
With respect to claim 1.
Claim 5 is anticipated and comparison
With respect to claim 4.
Claim 6 is anticipated and comparison
With respect to claim 5.
Claim 7 is anticipated and comparison
With respect to claim 6.
Claim 8 is anticipated and comparison
With respect to claims 1 and 6.
Claim 9 is anticipated and comparison
With respect to claim 8.
Claim 10 is anticipated and comparison
With respect to claim 9.
Claim 12 is anticipated and comparison
With respect to claim 11.
Claim 13 is anticipated and comparison
With respect to claim 12.
Claim 14 is anticipated and comparison
With respect to claim 13.
Claim 15 is anticipated and comparison
With respect to claims 10 and 13.
Claim 17 is anticipated and comparison
With respect to claim 15.
Claim 18 is anticipated and comparison
With respect to claim 16.
Claim 19 is anticipated and comparison
With respect to claim 17.
Claim 20 is anticipated and comparison
With respect to claim 18.
Claims 2-10, 12-15, and 17-20 of this application is being anticipated by and comparable to claims 1-6, 8-9, 11-13, and 15-18 of patent 12579950.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IFEDAYO B ILUYOMADE whose telephone number is (571)270-7118. The examiner can normally be reached Monday-Friday.
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/IFEDAYO B ILUYOMADE/Primary Examiner, Art Unit 2624 08/13/2026
