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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`13/383,074
`
`01/09/2012
`
`Hidehiko Shoji
`
`MAT—10538US
`
`7426
`
`7590
`52473
`RATNERPRESTIA
`PO BOX 980
`VALLEY FORGE, PA 19482-0980
`
`11/20/2013
`
`t
`EXAMIN:R
`
`HEGARTY, KELLY B
`
`ART UNIT
`
`2692
`
`PAPER NUMBER
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`11/20/2013
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/383,074 SHOJI ET AL.
`
`
`AIA (First Inventorto File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`KELLY B. HEGARTY first“ 2692
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`-
`-
`
`Status
`
`1)IXI Responsive to communication(s) filed on 9 January 2012.
`IXI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on 9 January 2012.
`
`2b)lX| This action is non-final.
`a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`5)|XI Claim(s) flis/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| CIaim(s)_1-3is/are rejected.
`8)I:I Claim(s) _ is/are objected to.
`
`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atentS/init events"
`
`
`
`h/index.‘3 , or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 9 January 2012 is/are: a)lZl accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some * c)I:I None of the:
`a)le All
`1.IZI Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) E Notice of References Cited (PTO-892)
`
`3) I] Interview Summary (PTO-413)
`
`Paper NOISIIMa” Date —
`PTO/SB/08
`t
`St t
`I
`D'
`t'
`f
`2 IXI I
`
`)
`4) I:I Other:
`a emen (s)(
`Isc osure
`n orma Ion
`)
`Paper No(s)/Mai| Date 1-9-2012'8-22-2013.
`
`US. Patent and Trademark Office
`PTOL-326 (Rev. 08-13)
`
`Part of Paper No./Mai| Date 20131031
`
`Office Action Summary
`
`

`

`Application/Control Number: 13/383,074
`
`Page 2
`
`Art Unit: 2692
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`DETAILED ACTION
`
`1.
`
`Claims 1-3 are pending in this application.
`
`Examiner‘s Note
`
`2.
`
`Examiner has cited particular columns and line numbers or figures in the
`
`references as applied to the claims below for the convenience of the applicant. Although
`
`the specified citations are representative of the teachings in the art and are applied to
`
`the specific limitations within the individual claim, other passages and figures may apply
`
`as well.
`
`It is respectfully requested from the applicant, in preparing the responses, to
`
`fully consider the references in entirety as potentially teaching all or part of the claimed
`
`invention, as well as the context of the passage as taught by the prior art or disclosed
`
`by the examiner.
`
`Double Parenting
`
`3.
`
`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
`
`

`

`Application/Control Number: 13/383,074
`
`Page 3
`
`Art Unit: 2692
`
`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 1-3 are provisionally rejected on the ground of nonstatutory double
`
`patenting over claims 1-5 of copending Application No. 13/522,920. This is a
`
`provisional double patenting rejection since the conflicting claims have not yet been
`
`patented.
`
`The subject matter claimed in the instant application is fully disclosed in the
`
`referenced copending application and would be covered by any patent granted on that
`
`

`

`Application/Control Number: 13/383,074
`
`Page 4
`
`Art Unit: 2692
`
`copending application since the referenced copending application and the instant
`
`application are claiming common subject matter, as follows:
`
`In 13/383,074:
`
`In 13/522,920:
`
`1. A method for driving a plasma
`
`1. A driving method of a plasma
`
`display panel that includes a plurality of
`
`display panel for driving the plasma
`
`discharge cells each of which has a data
`
`display panel that has a plurality of
`
`electrode and a display electrode pair
`
`discharge cells each of which includes a
`
`formed of a scan electrode and a sustain
`
`data electrode and a display electrode
`
`electrode, wherein the plasma display
`
`pair, the display electrode pair being
`
`panel is driven with a structure of one field
`
`formed of a scan electrode and a sustain
`
`including a plurality of subfields each of
`
`electrode, one field including a plurality of
`
`which has an address period and a sustain
`
`subfields each of which has an address
`
`period, the method comprising the steps
`
`period and a sustain period, the driving
`
`of."
`
`method comprising:
`
`dividing an image display region
`
`dividing an image display region of
`
`into a plurality of partial display regions
`
`the plasma display panel into a plurality of
`
`
`
`each having a given number of scan
`
`partial display regions each of which
`
`electrodes continuously disposed;
`
`includes a plurality of consecutively
`
`dividing the scan electrodes in each
`
`arranged scan electrodes;
`
`partial display regions into two groups,
`
`classifying scan electrodes included
`
`namely, one group formed of odd-
`
`in the partial display regions into two scan
`
`

`

`Application/Control Number: 13/383,074
`
`Page 5
`
`Art Unit: 2692
`
`numbered scan electrodes and another
`
`electrode groups based on the arranging
`
`group formed of even-numbered scan
`
`sequence of the scan electrodes on the
`
`electrodes,
`
`plasma display panel, the two scan
`
`applying scan pulses sequentially to
`
`electrode groups being a first scan
`
`the one group, and then applying scan
`
`electrode group including odd-numbered
`
`pulses sequentially to the another group;
`
`scan electrodes and a second scan
`
`setting a pulse width of scan pulses
`
`electrode group including even-numbered
`
`
`
`applied to a first through a given numbered
`
`scan electrodes;
`
`scan electrode of the one group to be
`
`performing an overshoot address
`
`longer than a pulse width of scan pulses
`
`operation in each partial display region in
`
`applied to remaining scan electrodes of
`
`the address period, the overshoot address
`
`the one group, and
`
`operation sequentially applying scan
`
`setting a pulse width of scan pulses
`
`pulses to respective scan electrodes
`
`applied to a first through a given numbered
`
`belonging to one scan electrode group
`
`scan electrode of the another group to be
`
`based on the arranging sequence of the
`
`longer than a pulse width of scan pulses
`
`scan electrodes on the plasma display
`
`applied to remaining scan electrodes of
`
`panel, and then sequentially applying scan
`
`the another group.
`
`pulses to respective scan electrodes
`
`belonging to the other scan electrode
`
`group based on the arranging sequence of
`
`the scan electrodes on the plasma display
`
`panel; and
`
`

`

`Application/Control Number: 13/383,074
`
`Page 6
`
`Art Unit: 2692
`
`applying, to scan electrodes to
`
`which scan pulses are to be applied from
`
`the first time to a predetermined-number-th
`
`time in each scan electrode group, scan
`
`pulses of which the pulse cycle is set
`
`longer than a pulse cycle of scan pulses to
`
`be applied to the other scan electrodes.
`
`
`
`2. The method for driving the
`
`4. The driving method of the plasma
`
`plasma display panel of claim 1, wherein
`
`display panel of claim 1, wherein
`
`percentage of the number of
`
`a ratio of a number of discharge
`
`discharge cells to be lit is detected as a
`
`cells to be lit to a total number of discharge
`
`partial lighting rate in each partial display
`
`cells is detected as a partial light-emitting
`
`region, and a scan pulse is applied to the
`
`ratio in each partial display region, and the
`
`partial display regions, firstly to a partial
`
`address operation is performed firstly in
`
`display region of the highest partial lighting
`
`the partial display region of a highest
`
`rate.
`
`partial light-emitting ratio.
`
`Claim 3 is similar to claim 1 rejection. Although the conflicting claims are not
`
`identical, they are not patentably distinct from each other because claims 1-3 in instant
`
`application No: 12/955036 are broader than claims 1-5 in the copending application
`
`13522920.
`
`

`

`Application/Control Number: 13/383,074
`
`Page 7
`
`Art Unit: 2692
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
`
`4.
`
`Claims 1 and 3 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over a combination of Choi et al., US 2009/0115338 and Awamoto et al.,
`
`WO 2007/116437.
`
`As to claims 1 and 3, Choi teaches:
`
`A method for driving a plasma display panel that includes a plurality of discharge
`
`cells (fig. 1 and [0022]-[0023]) each of which has a data electrode (address electrodes
`
`22) and a display electrode pair formed of a scan electrode (11) and a sustain electrode
`
`(12), wherein the plasma display panel is driven with a structure of one field including a
`
`plurality of subfields each of which has an address period and a sustain period (fig. 3
`
`and [0034], where one "field” is called one “frame”), the method comprising the steps of:
`
`dividing an image display region into a plurality of partial display regions each
`
`having a given number of scan electrodes continuously disposed (fig. 10 specifically
`
`depicts two image regions disposed, FIRST GROUP and SECOND GROUP, but this is
`
`just an example; see [0100]);
`
`

`

`Application/Control Number: 13/383,074
`
`Page 8
`
`Art Unit: 2692
`
`dividing the scan electrodes in each partial display regions into two groups,
`
`namely, one group formed of odd-numbered scan electrodes and another group formed
`
`of even-numbered scan electrodes (this is taught in [OO64]-[OO66], wherein [0066]
`
`specifically teaches dividing scan electrodes into odd-numbered and even-numbered
`
`scan electrodes),
`
`applying scan pulses sequentially to the one group, and then applying scan
`
`pulses sequentially to the another group (this is most clearly taught in fig. 6, where the
`
`top half shows sequential scanning of a first group, and then sequential scanning of a
`
`second group).
`
`Choi does not specifically teach:
`
`setting a pulse width of scan pulses applied to a first through a given numbered
`
`scan electrode of the one group to be longer than a pulse width of scan pulses applied
`
`to remaining scan electrodes of the one group, and
`
`setting a pulse width of scan pulses applied to a first through a given numbered
`
`scan electrode of the another group to be longer than a pulse width of scan pulses
`
`applied to remaining scan electrodes of the another group.
`
`Awamoto does teach:
`
`setting a pulse width of scan pulses applied to a first through a given numbered
`
`scan electrode of the one group to be longer than a pulse width of scan pulses applied
`
`to remaining scan electrodes of the one group (see fig. 16, Y1 is W1 in length and is
`
`noticeably longer than Y2, which is W2 in length, which is longer than Y3 to Yj-1, each
`
`

`

`Application/Control Number: 13/383,074
`
`Page 9
`
`Art Unit: 2692
`
`of these being Wnc in length and being “remaining scan electrodes of the one group";
`
`this repeats itself for Yj to Ync; see 2nd full paragraph of translation page 7 of Awamoto)
`
`setting a pulse width of scan pulses applied to a first through a given numbered
`
`scan electrode of the another group to be longer than a pulse width of scan pulses
`
`applied to remaining scan electrodes of the another group (this could be the group Yj to
`
`Ync).
`
`It would have been obvious to a person of ordinary skill in the art at the time of
`
`the invention to have combined the teaching of Awamoto with that of Choi, the
`
`motivation being to solve the problem that Awamoto was designed to solve: that of
`
`addressing failure to sustain discharge, as described in the first two paragraphs of page
`
`2 of the translation of Awamoto. A similar description of the problem is given in much
`
`clearer English in the older patent, Nagaoka et al., US 6,107,978 at col. 2, II. 49-67.
`
`Please note that, when modifying the claims to seek an allowance, Nagaoka et
`
`al., US 6,107,978 teaches, in figs. 12 and 17 and col. 10, ll. 8-25 and 41-64 both of two
`
`initial pulses as a same-length longer pulse, and two different length initial longer
`
`pulses; furthermore, col. 11, II. 44-60 teaches more than two initial pulses; and col. 11,
`
`ll. 21 -42 and 63-66 and col. 12 teaches the theory behind addressing discharge failure.
`
`5.
`
`Claim 2 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over a
`
`combination of Choi et al., US 2009/0115338 and Awamoto et al., WO 2007/116437 as
`
`applied in claim 1, and Origuchi et al, WO 2009/066423, published May 28, 2009 and
`
`using US 2010/0188386 as it’s English translation.
`
`

`

`Application/Control Number: 13/383,074
`
`Page 10
`
`Art Unit: 2692
`
`As to claim 2, Choi arguably teaches:
`
`Wherein percentage of the number of discharge cells to be lit is detected as a
`
`partial lighting rate in each partial display region, and a scan pulse is applied to the
`
`partial display regions, firstly to a partial display region of the highest partial lighting rate
`
`([0063]-[0066] teaches a driving controller arranging display of picture data according to
`
`a variety of factors, which could be by display regions, in order of the highest partial
`
`lighting rate, or any of a number of other schemes imaginable as a matter of obvious
`
`designer’s choice).
`
`Origuchi more surely teaches:
`
`Wherein percentage of the number of discharge cells to be lit is detected as a
`
`partial lighting rate in each partial display region, and a scan pulse is applied to the
`
`partial display regions, firstly to a partial display region of the highest partial lighting rate
`
`(Origuchi fig. 6 shows dividing an image display region into a plurality of partial display
`
`regions, see [0140]; and fig. 7 shows order of lighting of partial display regions such that
`
`a ratio of a number of discharge cells to be lit to a total number of discharge cells is
`
`detected as a partial light-emitting ratio in each partial display region, and the address
`
`operation is performed first/y in the partial display region of a highest partial light-
`
`emitting ratio, see [0143]-[0144]).
`
`It would have been obvious to a person of ordinary skill in the art at the time of
`
`the invention to have combined the teaching of Origuchi with that of Choi and Awamoto,
`
`

`

`Application/Control Number: 13/383,074
`
`Page 11
`
`Art Unit: 2692
`
`the motivation being to achieve a stable address discharge as explained in Origuchi
`
`[01441-[0147].
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KELLY B. HEGARTY whose telephone number is
`
`(571)270-3381. The examiner can normally be reached on M-Th 9:00-6:00.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Lun Lao can be reached on (571)272-7671. 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 http://pair-direct.uspto.gov. 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.
`
`/Kelly Hegarty/
`Examiner, AU-2692
`5 November 2013
`
`

`

`Application/Control Number: 13/383,074
`
`Page 12
`
`Art Unit: 2692
`
`/LUN-Y| LAO/
`
`Supervisory Patent Examiner, Art Unit 2692
`
`

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