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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF {MATION NO.
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`12/82 1 ,41 3
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`06/23/2010
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`Yasunori Yamamoto
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`AOY—4067US
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`3923
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`EXAMINER
`RATNERPRESTIA —
`02’0”“ —
`7590
`52473
`PO BOX 980
`BIBBINS,LATANYA
`VALLEY FORGE, PA 19482-0980
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`PAPER NUMBER
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`ART UNIT
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`2695
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`MAIL DATE
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`02/01/2013
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`

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`Office Action Summary
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`Application No.
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`Applicant(s)
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` 12/821,413 YAMAMOTO ET AL.
`Examiner
`Art Unit
`LATANYA BIBBINS
`2695
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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 CFR1. 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).
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`Status
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`1)|Zl Responsive to communication(s) filed on 12 December 2012.
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`2a)|:l This action is FINAL.
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`2b)IXI This action is non-final.
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`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)IXI Claim(s) 1-21 is/are pending in the application.
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`5a) Of the above claim(s) 11-21 is/are withdrawn from consideration.
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`6)|:| Claim(s) _ is/are allowed.
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`7)|Xl Claim(s) 1-_10is/are rejected.
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`8)|:| Claim(s) _ is/are objected to.
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`9)I:I Claim((s)
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`are subject to restriction and/or election requirement.
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`* 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
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`httn:,I/www usntq. quwua'ertslanr events/
`h/Indexis or send an inquiry to PPeredback us Emmi.
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`Application Papers
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`10)|:| The specification is objected to by the Examiner.
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`11)|Xl The drawing(s) filed on 23 June 2010 is/are: a)I:I accepted or b)lZl objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)|X| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)lZl All
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`b)|:l Some * c)I:I None of:
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`1.IXI Certified copies of the priority documents have been received.
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`2.|:l Certified copies of the priority documents have been received in Application No. _
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`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`
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`Attachment(s)
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`1) IZI Notice of References Cited (PTO-892)
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`2) E Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 09-12)
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`3) I] Interview Summary (PTO-413)
`Paper No(s)/Mai| Date.
`4) D Other:
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`Office Action Summary
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`Part of Paper No./Mai| Date 20130122
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`

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`Application/Control Number: 12/821 ,413
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`Page 2
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`Art Unit: 2695
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`DETAILED ACTION
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`Preliminary Amendment
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`1.
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`Receipt is acknowledged of the preliminary amendment filed on June 23, 2010.
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`In the amendment claim 15 was amended and claims 19-21 were added. Currently
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`claims 1-21 are pending.
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`Election/Restrictions
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`2.
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`Applicant’s election of Species (a) (Figures 1A-1 E) and the sub-species of Figure
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`1C (claims 1-10) in the reply filed on December 12, 2012 is acknowledged. Because
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`applicant did not distinctly and specifically point out the supposed errors in the
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`restriction requirement, the election has been treated as an election without traverse
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`(MPEP § 818.03(a)).
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`Claims 11-21 are withdrawn from further consideration pursuant to 37 CFR
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`1.142(b) as being drawn to a nonelected species/sub-species, there being no allowable
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`generic or linking claim. Election was made without traverse in the reply filed on
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`December 12, 2012.
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`Drawings
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`3.
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`Figures 8 and 9 should be designated by a legend such as --Prior Art-- because
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`only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in
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`compliance with 37 CFR 1.121 (d) are required in reply to the Office action to avoid
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`abandonment of the application. The replacement sheet(s) should be labeled
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`Application/Control Number: 12/821 ,413
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`Page 3
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`Art Unit: 2695
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`“Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct
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`any portion of the drawing figures. If the changes are not accepted by the examiner, the
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`applicant will be notified and informed of any required corrective action in the next Office
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`action. The objection to the drawings will not be held in abeyance.
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`Claim Rejections - 35 USC § 1 12
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`4.
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`The following is a quotation of 35 U.S.C. 112(b):
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`(B) 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.
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`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
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`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.
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`5.
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`Claims 1-4 and 6-10 are rejected under 35 us. C. 1 12jbj or 35 us. C. 1 12
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`re-AIA second ara ra h as bein indefinite for failin to articularl
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`oint
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`out and distinctly claim the subject matter which the inventor or a joint inventor,
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`or for Qre-AIA the aQQIicant regards as the invention.
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`Claims 1-4 and 6-10 are drawn to a backlight drive apparatus but fail to recite
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`structural features of the backlight drive apparatus. The recited limitations do not result
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`in any change in the physical structure of the backlight drive apparatus but rather recite
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`the intended use of the backlight drive apparatus. A recitation of the intended use of the
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`claimed invention must result in a structural difference between the claimed invention
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`and the prior art in order to patentably distinguish the claimed invention from the prior
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`art.
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`If the prior art structure is capable of performing the intended use, then it meets the
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`Application/Control Number: 12/821 ,413
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`Page 4
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`Art Unit: 2695
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`claim (Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)). See also
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`MPEP 2114.
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`Accordingly, it is unclear how the backlight drive apparatus alone can perform all
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`of the functional limitations recited in claims 1-4 and 6-10. The functional limitations
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`recited in claims 1-4 and 6-10 are apparently directed to the intended use or desired
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`result of the backlight drive apparatus since no structure is provided in the recited
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`backlight drive apparatus to perform such functions.
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`Claim Rejections - 35 USC § 102
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`6.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(e) the invention was described in (1) an application for patent, published under section 122(b), by
`another filed in the United States before the invention by the applicant for patent or (2) a patent
`granted on an application for patent by another filed in the United States before the invention by the
`applicant for patent, except that an international application filed under the treaty defined in section
`351 (a) shall have the effects for purposes of this subsection of an application filed in the United States
`only if the international application designated the United States and was published under Article 21(2)
`of such treaty in the English language.
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`7.
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`Claims 1-10 are reiected under 35 us. C. 102(e2 as being anticipated by
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`Ashdown (U*S Patent No. 7,656,366 B22.
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`Regarding claim 1, Ashdown discloses a backlight drive apparatus for current
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`driving a plurality of strings, having a period in which at least one of said strings is
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`current driven idly during a liquid crystal OFF period, in addition to a current driving
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`period in which video information is displayed via liquid crystals (Figure 2, Figure 4
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`Application/Control Number: 12/821 ,413
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`Page 5
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`Art Unit: 2695
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`elements 652 and 656 and the discussion in column 2 lines 36-42 and column 8 lines 4-
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`20).
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`Regarding claim 2, Ashdown discloses the backlight drive apparatus according
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`to claim 1, wherein a load connection test is carried out for the string during the period
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`in which the string is current driven during said liquid crystal OFF period (Figure 2,
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`Figure 4 elements 652 and 656 and the discussion in column 2 lines 36-42 and column
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`8 lines 4-20).
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`Regarding claim 3, Ashdown discloses the backlight drive apparatus according
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`to claim 2, wherein said load connection test for the string is carried out for all the
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`strings concurrently (Figure 2, Figure 4 elements 652 and 656 and the discussion in
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`column 2 lines 36-42 and column 8 lines 4-20).
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`Regarding claim 4, Ashdown discloses the backlight drive apparatus according
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`to claim 2, wherein the detection of the potential at a load connection point includes
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`making a judgment as to whether the potential at the connection point of the load string
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`having the smallest potential drop and a current driving section is less than a
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`predetermined value (Figure 2, Figure 4 elements 652 and 656 and the discussion in
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`column 2 lines 36-42 and column 8 lines 4-20).
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`Regarding claim 5, Ashdown discloses the backlight drive apparatus according
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`to claim 4, comprising a timer for making a judgment as to whether the period in which
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`the potential at said connection point is less than the predetermined value has
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`continued for a predetermined time or more. (Figure 4 element 654)
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`Application/Control Number: 12/821 ,413
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`Page 6
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`Art Unit: 2695
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`Regarding claim 6, Ashdown discloses the backlight drive apparatus according
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`to claim 4, wherein the judgment as to whether the potential at said connection point is
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`less than the predetermined value is made for at least the current-driven string (Figure
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`2, Figure 4 elements 652 and 656 and the discussion in column 2 lines 36-42 and
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`column 8 lines 4-20).
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`Regarding claim 7, Ashdown discloses the backlight drive apparatus according
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`to claim 4, wherein, during a period in which the potential at said load connection point
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`is not detected, a judgment is made while the potential is used, instead of the potential
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`at each connection point, as a predetermined value not contributing to abnormality
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`judgment (Figure 2, Figure 4 elements 652 and 656 and the discussion in column 2
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`lines 36-42 and column 8 lines 4-20).
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`Regarding claim 8, Ashdown discloses the backlight drive apparatus according
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`to claim 1, wherein said backlight drive apparatus includes a power source control
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`function for a common feeding point from which power is fed to the backlight loads of
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`said plurality of strings (Figure 2, Figure 4 elements 652 and 656 and the discussion in
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`column 2 lines 36-42 and column 8 lines 4-20).
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`Regarding claim 9, Ashdown discloses the backlight drive apparatus according
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`to claim 1, wherein the period in which the string is current driven during said liquid
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`crystal OFF period is provided during a blanking period in an operation mode for
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`improving the characteristics of moving images (Figure 2, Figure 4 elements 652 and
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`656 and the discussion in column 2 lines 36-42 and column 8 lines 4-20).
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`Application/Control Number: 12/821 ,413
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`Page 7
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`Art Unit: 2695
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`Regarding claim 10, Ashdown discloses the backlight drive apparatus according
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`to claim 1, wherein the transmittance of liquid crystals is lowered during a period in
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`which current drive for displaying video information via liquid crystals for all the strings is
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`not carried out and, at the same time, a load current is applied to at least one string to
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`perform idling (Figure 2, Figure 4 elements 652 and 656 and the discussion in column 2
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`lines 36-42 and column 8 lines 4-20).
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`Examiner notes that the claims are drawn to a backlight drive apparatus
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`but fail to recite structural features of the backlight drive apparatus. The recited
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`limitations do not result in any change in the physical structure of the backlight drive
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`apparatus but rather recite the intended use of the backlight drive apparatus. A
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`recitation of the intended use of the claimed invention must result in a structural
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`difference between the claimed invention and the prior art in order to patentably
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`distinguish the claimed invention from the prior art.
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`If the prior art structure is capable of
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`performing the intended use, then it meets the claim (Ex parte Masham, 2 USPQ2d
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`1647 (Bd. Pat. App. & Inter. 1987)). See also MPEP 2114.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to LATANYA BIBBINS whose telephone number is
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`(571)270-1125. The examiner can normally be reached on Monday through Friday 7:30
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`am - 5:00 pm.
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`Application/Control Number: 12/821 ,413
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`Page 8
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`Art Unit: 2695
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Wayne Young can be reached on 571 272-7582. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
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`/LaTanya Bibbins/
`Primary Examiner, Art Unit 2695
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`