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 .
Status of Application
In response to the Office action mailed on October 24th, 2025, Applicant has amended claims 1, 2, 12, and 19. Claims 1-6, 9-10, 12-13, 17-19, 29, and 37-41 are currently pending. Claims 5-6, 9, 29, and 37-41 have been previously withdrawn.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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.
Claim 1 states “wherein the plurality of openings are grouped into a plurality of opening units, each opening unit comprises one or more of the plurality of openings” which is unclear and is a restatement of the same set. The claim has openings that are grouped into units, and each unit contains one or more openings. Therefore, a person of ordinary skill cannot tell what distinguishes an opening from an opening unit. The correspondence and distinction between the openings and the opening units cannot be determined with reasonable certainty. The claim will be interpreted as a plurality of openings that have been grouped into a plurality of opening units. However, due to these ambiguities, a person of ordinary skill in the art at the time of filing the claimed invention cannot determine the exact structure or relationship the claim is defining. The limitation renders the claim indefinite and fails to provide structural or functional criteria for the grouping the openings into units. Thus, clarification is requested.
Claims 2-4, 12, 13, 17, 18, and 19 are rejected as they depend from claim 1 and therefore inherit the same concern.
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.
Claim 1-2, 4, 10-13, and 17-19 are rejected under 35 U.S.C § 103 as being unpatentable over Hong et al. US Patent Pub. No. 20170317145A1, hereinafter “Hong” in view of Tong et al. US Patent Pub. No. 20220317808A1, hereinafter “Tong” and He et al. US Patent Pub. No. 20220197439A1, hereinafter “He.”
Regarding claim 1, Hong teaches a touch structure (touch display device and touch screen layer initially shown in FIG. 1 in a plan view), comprising:
a metal mesh (interwoven strands of metal shown with first touch electrode #320 and second touch electrode #340 forming a grid-like pattern in FIG. 1);
wherein the metal mesh comprises:
a plurality of metal wires (first touch electrode #320 and second touch electrode #340 function as metal wires).
Hong does not explicitly teach a plurality of openings, wherein each of the plurality of openings is surrounded by multiple metal wires of the plurality of metal wires, and the multiple metal wires surrounding each of the openings have at least three different extending directions.
However, Tong teaches a plurality of openings (pixel opening regions #110, #120, and #130 in FIG. 1B and 1D), wherein each of the plurality of openings (pixel opening regions #110, #120, and #130 is surrounded by multiple metal wires (first metal lines #51 in the two metal meshes #52) of the plurality of metal wires (metal lines #52 surrounding metal mesh #52), and the multiple metal wires surrounding each of the openings have at least three different extending directions (the metal lines #52 surrounding the each of pixel opening regions #110, #120, and #130 have a first direction which is shown by gap k1, a second direction which is shown by gap k2, and third direction which is shown by gap t3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the metal mesh and metal wires and touch structure as taught in Hong with openings in the metal mesh with three different extending directions as taught in Tong. A person of ordinary skill would know to have a touch structure with metal mesh and multi-directional openings to create a durable and conductive surface. Thus, Tong cures the deficiencies of Hong.
Hong and Tong both do not explicitly teach wherein the plurality of openings are grouped into a plurality of opening units, each opening unit comprises one or more of the plurality of openings; and at least one of the plurality of openings in the opening unit is formed by more than eight metal wires connected end to end.
However, He teaches wherein the plurality of openings (openings #321 in FIG. 9A) are grouped into a plurality of opening units (pixel defining layer #320 are opening units in FIG. 9A), each opening unit (pixel defining layer #320 are opening units in FIG. 9A) comprises one or more of the plurality of openings (openings #321 in FIG. 9A); and at least one of the plurality of openings (openings #321 in FIG. 9A) in the opening unit (pixel defining layer #320 are opening units in FIG. 9A) is formed by more than eight metal wires connected end to end (the formation of the metal wires is shown in FIG. 5A with hexagonal structures with each side such as touch electrode portion #211 and first connection portion #212 representing a wire and each side of the hexagon is connection to another 6 wires within the mesh showing the formation of eight metal wires. An annotated FIG. 5A of He below shows more than eight metal wires connected end to end.)
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the metal mesh and metal wires touch structure as taught in Hong with openings in the metal mesh with three different extending directions as taught in Tong and to teach a formation of more than eight metal wires connected end to end as taught by He. A person of ordinary skill would know to have a touch structure with metal mesh and multi-directional opening along with more than eight metal wires can be fabricated. The dix metal wires of an individual hexagon in He are not isolated, but instead form part of an interconnected lattice where each wire extends into and connects with neighboring wires. When the structure is considered as a whole under the broadest reasonable interpretation, the mesh inherently includes additional metal wires beyond the six of a single hexagon, resulting in more than eight metal wires connected end to end. Therefore, it would have been obvious to implement He’s mesh structure as including a plurality of interconnected metal wires exceeding eight because the connectivity is shown in the repeating mesh geometries. Thus, He cures the deficiencies of Tong and Hong.
Regarding claim 2, Hong in view of Tong and He teaches the touch structure of claim 1, wherein the opening is formed by N metal wires connected end to end (Tong, metal lines #51 is shaped like hexagon in FIG. 1B which are forming 6 metal lines or wires), and the N metal wires have M different extending directions (Tong, each of the metal line #51 extends in three different directions into a honeycomb shape);
wherein N and M are integers, N≥5 (Tong, there are six metal lines #51 with N being greater than 5), and 3≤M≤N (there are at least three different directions each of the metal lines #51 extend from).
Regarding claim 4, Hong in view of Tong and He the touch structure of claim 3, wherein any two of the N metal wires are asymmetrical to each other (Tong, the metal lines #51 have an “asymmetric structure” due to the “difference in the gaps among the pixel opening region contours” in paragraph [0098] and the asymmetrical structures are shown in FIG. 1D).
Regarding claim 10, Hong in view of Tong and He teaches the touch structure of claim 1, wherein the metal mesh comprises at least one type of openings (Tong, touch display panel #20 with a “first metal mesh” in paragraph [0095] has pixel opening regions #110, #120, and #130 in FIG. 1B), and each type of openings comprises a plurality of openings of a same shape (Tong, pixel opening regions #120 and #130 have the same shape), and different types of openings have different shapes (Tong, pixel opening region #110 is a different shape and is pentagonal rather than hexagonal like pixel opening regions #120 and #130).
Regarding claim 12, Hong in view of Tong and He teaches the touch structure of claim 1, wherein the opening unit (Tong, pixel unit #10) comprises at least three openings (Tong, dotted circle that is pixel unit #10 includes three openings such as #110, #120, and #130), wherein at least one of the following is comprised: the at least three openings in the opening unit have different shapes (Tong, opening #110 is a pentagon, and opening #120 is a narrower hexagon than opening #130) or the at least three openings unit have different areas (Tong, opening #110 is a pentagon, and opening #120 is a narrower hexagon than opening #130 in different areas).
Regarding claim 13, Hong in view of Tong and He teaches touch structure of claim 1, comprising at one of following:
a shape of the metal wire comprises a linear segment and/or an arc (Tong, metal wire #51 is a linear segment across the hexagon in FIG. 1B);
a width of the metal wire is 1 μm to 20 μm (Tong, metal line #51 and #61 are 3.5 microns and 3.3 microns, respectively in paragraph [0094]); or a material of the metal wire is copper, argentum, nano carbon or graphene (Hong, touch electrode #320 which is a metal wire is of copper material in paragraph [0077]).
Regarding claim 17, Hong in view of Tong and He teaches the touch structure of claim 1, further comprising:
a plurality of touch electrodes (Tong, touch electrodes #410 and #420 in FIG. 3A and 3B);
wherein each touch electrode comprises a metal mesh (Tong, each touch electrode #410 and #420 has a second metal mesh layer in paragraph [0110] and is within touch structure #40), and the plurality of touch electrodes are configured to be independently connected with a touch chip (touch electrodes #410 and #420 are connected to touch unit #400).
Regarding claim 18, Hong in view of Tong and He teaches the touch structure of claim 1, further comprising:
a plurality of driving units (Tong, touch electrode #420 is a “driving electrode” in paragraph [0113] with a plurality shown in the touch structure #40 in FIG. 3B) and a plurality of sensing units (Tong, touch electrode #410 is a “sensing electrode” in paragraph [0113] with a plurality shown in the touch structure #40 in FIG. 3B) insulated from each other (Tong, region B in paragraph [0167] is an insulation region for the sub-electrodes and “A” and “B” in FIG. 3B are separating electrode unit #420 and #410 from each other);
wherein each driving unit (Tong, touch electrode #420) comprises a plurality of driving electrodes (Tong, second sub-touch electrode #421 in touch unit 400) arranged side by side along a first direction (Tong, second sub-touch electrodes #421 on top of each other) and a first connecting part electrically connecting two adjacent driving electrodes (Tong, first connection electrode #412 connects sub-touch electrodes #421);
each sensing unit (Tong, touch electrode #410) comprises a plurality of sensing electrodes (Tong, first sub-touch electrode #411 in touch unit 400) arranged side by side along a second direction (Tong, second sub-touch electrodes #411 on besides each other and laterally adjacent) and a second connecting part electrically connecting two adjacent sensing electrodes (Tong, interdigital structures is a second connecting part electrically connecting the two adjacent second-sub-touch electrodes #411); and
the first direction and the second direction are intersected with each other (Tong, an intersection in the center of touch unit #400 where the first connect electrode forms a cross shape);
the touch structure (Tong, touch structure #40 which is shown in cross-sectional view in FIG. 1C) comprises:
a first metal layer (Tong, buffer layer #70 in FIG. 1C), an insulating layer (Tong, insulating layer #70 in FIG 1C) and a second metal layer (cover plate #34 in FIG. 1C) which are stacked in sequence (stacked on top of one another in FIG. 1C);
wherein
a plurality of via holes (first metal mesh layer #50 in FIG. 1C) are arranged in the insulating layer (within insulating layer #70 in FIG. 1C);
the driving electrode (Tong, second sub-touch electrode #421 in touch unit 400), the first connecting part (Tong, hexagonal connection line #64 are the first connecting part which connects first and second sub-touch electrode #411 and #421 in FIG. 5A) and the sensing electrode (Tong, first sub-touch electrode #411 in touch unit 400) are disposed in one of the first metal layer (Tong, first metal mesh #52a in FIG. 5A) and the second metal layer (Tong, connection line #52b in FIG. 5A), the second connecting part (Tong, second connection electrode #422) is disposed in the other of the first metal layer (Tong, first metal mesh #52a in FIG. 5A) and the second metal layer (Tong, connection line #52b in FIG. 5A), and the second connecting part (Tong, second connection electrode #422) electrically connects two adjacent sensing electrodes (Tong, first touch sub-electrodes #411) through via holes (Tong, holes #71); or
the driving electrode (Tong, second sub-touch electrode #421 in touch unit 400), the second connecting part (Tong, second connection electrode #422) and the sensing electrode (Tong, first touch sub-electrodes #411) are disposed in one of the first metal layer (Tong, first metal mesh #52a in FIG. 5A) and the second metal layer (Tong, connection line #52b in FIG. 5A), the first connecting part is disposed in the other of the first metal layer and the second metal layer (Tong, hexagonal connection line #64 are the first connecting part which connects first and second sub-touch electrode #411 and #421 in FIG. 5A), and the first connecting part (Tong, hexagonal connection line #64 are the first connecting part which connects first and second sub-touch electrode #411 and #421 in FIG. 5A) electrically connects two adjacent driving electrodes (second touch sub-electrodes #421) through via holes (holes #71); and
the driving electrode (Tong, second sub-touch electrode #421 in touch unit 400), the sensing electrode (Tong, first sub-touch electrode #411 in touch unit 400), the first connecting part and the second connecting part comprise metal meshes (metal meshes with the driving and sensing electrodes #421 and #411 are connected to each other within touch structure #40).
Regarding claim 19, Hong in view of Tong and He teaches the touch structure of claim 18, wherein at least one of the following is comprised:
an area of the driving electrode is 9 mm2 to 25 mm2; or
an area of the sensing electrode is 9 mm2 to 25 mm2 (Tong, paragraph [0117] pitch or diameter of the touch structure is between 3.7-5 mm in diameter thus the area of the circle is 10.75 mm2 -19.64 mm2)
Claim 3 is rejected under 35 U.S.C § 103 as being unpatentable over Hong in view of Tong and He and further in view of Iwami et. al., US Patent Pub. No. 20170052643A1, hereinafter “Iwami.”
Regarding claim 3, Hong in view of Tong and He teaches the touch structure of claim 2. However, Iwami teaches wherein a shape of each of the openings is asymmetric (opening portions #22 is “symmetric” or “asymmetric” in paragraph [0069] and shown in FIG. 17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the metal mesh and metal wires and touch structure as taught in Hong with openings in the metal mesh with three different extending directions as taught in Tong and the openings of He and further with openings that are asymmetrical within a touch structure as taught by Iwami. A person of ordinary skill would know to have a touch structure with metal mesh and multi-directional openings that are asymmetrical. Thus, Iwami cures the deficiencies of Hong, Tong, and He.
Response to Arguments
Applicant's arguments filed January 13, 2026 have been fully considered. Examiner agrees to withdraw the 112(b) rejection that were previously addressed on the Office Action sent on October 24, 2025 for claims 12, 13, and 19.
Applicant’s arguments for 35 USC § 103 have been considered but they are not persuasive.
Applicant argues in substance:
“Claim 1 has been amended and recites the following distinct features:
wherein the plurality of openings are grouped into a plurality of opening units, each opening unit comprises one or more of the plurality of openings; and
at least one of the plurality of openings in the opening unit is formed by more than eight metal wires connected end to end.
That is, in amended claim 1, it is clear that the at least one opening, in the opening unit, that is formed by more than eight metal wires connected end to end is at least one opening in the plurality of openings.
Tong discloses the wire opening 520, regions 115-135 and pixel openings 110-130. However, regions 115-135 and pixel openings 110-130 are not wire openings.
For the wire opening 520, as can be seen in FIG. 1B of Tong, it is the mesh opening and is formed by six wires (the hexagon opening is obviously formed by six wires), NOT by more than eight metal wires connected end to end.”
The argument is not persuasive. As noted in the claim mapping above, the mesh structure, in the broadest reasonable interpretation can be considered to have greater than eight wires connected end to end because each of the six metal wires are connected to other hexagonal metal wires. Although a single hexagonal unit includes six metal wires, the mesh structure is a continuous network in which each hexagon is connected to adjacent hexagons via shared vertices and edges. The opening is not limited to only six metal wires because the structure encompasses a continuous interconnected network of hexagonal units in the mesh structure. Accordingly, the metal wires in the He and Tong references are not limited to six as the structure includes additional metal wires extending from neighboring hexagonal units that total to at least twelve connected metal wires when accounting for neighboring connections. Thus, the mesh discloses a plurality of interconnected metal wires exceeding six and eight. It would be apparent to a person of ordinary skill in the art that the prior art has more than eight metal wires.
Examiner would suggest in the interest of compact prosecution that the Applicant align the claim limitations in a manner to overcome the prior art. The new claim limitations that were amended in claim 1 are unclear and indefinite. In addition, the Applicant is encouraged to amend the claims to clearly define the structural relationship between the openings 100A and the opening units 120 depicted in FIG. 1A-1E of the present specification and the geometric configuration, such as the shape and arrangement, of the plurality of openings 100A to facilitate expeditious prosecution. Examiner is available for an interview to discuss any rejections or claim amendments.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEHEK AHMED whose telephone number is (571)272-4155. The examiner can normally be reached Mon-Thurs 9:00AM-7:00PM.
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, William Partridge can be reached at (571) 270-1402. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEHEK AHMED/Examiner, Art Unit 2812
/William B Partridge/Supervisory Patent Examiner, Art Unit 2812
Prosecution Insights