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 .
Response to Arguments
Applicant’s arguments with respect to at least independent claim 1 have been considered, but are not persuasive. The new ground of rejection cites Li US 2019/0278455 as teaching the amended claim limitations in claim 1.
Specification
The new amended specification filed on 12/22/2025 is not accepted and will not be entered due to the new matter issue (see Drawings below).
Drawings
The new added figure 3 filed on 12/22/2025 is not accepted and will not be entered due to the new matter issue. For instance, the current application only discloses “the touch electrode layer and a common electrode layer of the display pixels may be the same film layer, but they are structurally separated and electrically independent”. There is no original disclosure about how the touch electrode layer and the common electrode layer are specifically arranged in the same film layer as shown in new added figure 3, such as the touch electrode layer overlaps each gap between two adjacent pixel electrodes, and the common electrode layer does not overlap each gap between two adjacent pixel electrodes.
Claim Rejections - 35 USC § 103
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 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(s) 1, 4 and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang US 2024/0085729 or Zhang CN 115421323A (used Zhang US 2024/0085729 as English translation in rejection) in view of Li US 2019/0278455.
Regarding claim 1, Zhang discloses a display apparatus, in at least figs.27, 24 25, 8 and 9, comprising:
a first electrically controlled liquid crystal cell (30), comprising:
a first substrate (310) and a second substrate (320), overlapped with each other;
a first liquid crystal layer (33), disposed between the first substrate and the second substrate;
a touch electrode layer (T, para.119 and 124), disposed between the first substrate and the second substrate (see fig.27); and
a plurality of pixel electrodes (92), disposed on the first substrate and electrically independent from each other (see fig.27, three group of pixel electrodes electrically independent from each other); and
a second electrically controlled liquid crystal cell (21 or 22), disposed on one side of the first substrate of the first electrically controlled liquid crystal cell and overlapping the first electrically controlled liquid crystal cell (see fig.27 and 24), comprising:
a first electrode layer (711) and a second electrode layer (712), formed by unpatterned conductive layers (see figs.24, 25 and 27), and
a second liquid crystal layer (73), disposed between the first electrode layer and the second electrode layer (see figs.27 and 24),
wherein the first substrate is disposed between the first liquid crystal layer and the second liquid crystal layer (see figs.27 and 24), a spacer layer (an optical glue bonding (para.85)) or a conductive layer (42, or 712 of 22) is disposed between the first electrically controlled liquid crystal cell and the second electrically controlled liquid crystal cell (see figs.24 and 27), and the spacer layer or the conductive layer is disposed on a surface of the first substrate facing away from the first liquid crystal layer (see figs.24 and 27).
Zhang does not explicitly disclose the touch electrode layer and a common electrode layer are located between the plurality of pixel electrodes and the first liquid crystal layer and are structurally separated and electrically independent from each other.
Li discloses a display apparatus, in at least fig.12, the touch electrode layer (120) and a common electrode layer (130) are located between the plurality of pixel electrodes (110) and the first liquid crystal layer (para.46 discloses a ADS-LCD which includes a liquid crystal layer)(para.46 discloses the pixel electrode and the common electrode are disposed in different layers in a ADS-LCD, para.69 and 86 disclose the positions of the common electrode 130 and the pixel electrode 110 may be interchanged, and para.85 discloses the touch electrode 120 and the common electrode 130 are disposed in the same layer, so that the touch electrode layer (120) and a common electrode layer (130) are located between the plurality of pixel electrodes (110) and the first liquid crystal layer) and are structurally separated and electrically independent from each other (see fig.12 and para.85 disclose the touch electrode 120 and the common electrode 130 are disposed in the same layer and insulated from each other) for the purpose of realizing the synchronous transmission of the display signal and the touch signal, prolonging the charging time and increasing the reliability of the touch display screen with high resolution and high frequency (para.42,50 and 86) and simplifying the manufacturing process of the touch electrode (para.44 and 87).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the touch electrode layer and a common electrode layer are located between the plurality of pixel electrodes and the first liquid crystal layer and are structurally separated and electrically independent from each other as taught by Li in the display apparatus of Zhang for the purpose of realizing the synchronous transmission of the display signal and the touch signal, prolonging the charging time and increasing the reliability of the touch display screen with high resolution and high frequency and simplifying the manufacturing process of the touch electrode.
Regarding claim 4, Zhang discloses the spacer layer is an optical adhesive layer (para.85) configured to join the first electrically controlled liquid crystal cell (30) and the second electrically controlled liquid crystal cell (22)(para.85).
Regarding claim 7, Zhang discloses the conductive layer covers the surface of the first substrate entirely (see figs.24 and 27).
Regarding claim 8, Zhang discloses the conductive layer (42) has a floating potential (para.72 discloses it can be a wire grid polarizer which comprises conductive layer).
Regarding claim 9, Zhang discloses the second electrically controlled liquid crystal cell comprises: a third substrate (71) and a fourth substrate (72) overlapped with each other and having a first surface and a second surface facing each other (see fig.24), respectively; wherein:
the second liquid crystal layer is disposed between the third substrate and the fourth substrate (see figs.24 and 27);
the first electrode layer is configured to cover the first surface of the third substrate entirely (see figs.24 and 27); and
the second electrode layer is configured to cover the second surface of the fourth substrate entirely (see figs.24 and 27).
Regarding claim 10, Zhang discloses the fourth substrate is located between the third substrate and the touch electrode layer, and the second electrode layer has a ground potential (see fig.8, the second electrode layer has a ground potential with no power is applied).
Claim Rejections - 35 USC § 103
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 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(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang US 2024/0085729 or Zhang CN 115421323A in view of Li US 2019/0278455 as applied to claim 1 above, and further in view of Shi US 2022/0285450.
Regarding claims 2 and 3, Zhang in view of Li does not explicitly disclose a Young's modulus of the spacer layer is greater than 22 kPa and a film thickness of the spacer layer is greater than or equal to 50 µm and less than or equal to 300 µm.
Shi discloses a display apparatus, a Young's modulus of the spacer layer is greater than 22 kPa (para.42) and a film thickness of the spacer layer is greater than or equal to 50 µm and less than or equal to 300 µm (para.42) for the purpose of forming the optical adhesive layer and improving the structural thickness of the display device for better quality display (para.67).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a Young's modulus of the spacer layer is greater than 22 kPa and a film thickness of the spacer layer is greater than or equal to 50 µm and less than or equal to 300 µm as taught by Shi in the display apparatus of Zhang in view of Li for the purpose of forming the optical adhesive layer and improving the structural thickness of the display device for better quality display.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang US 2024/0085729 or Zhang CN 115421323A in view of Li US 2019/0278455 as applied to claim 1 above, and further in view of Son US 20110109622.
Regarding claim 8, Zhang in view of Li does not explicitly disclose the conductive layer has a floating potential.
Son discloses the conductive layer (140) has a floating potential (para.59 and 60) for the purpose of preventing any influence of the display panel caused by static electricity (paa.59).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the conductive layer has a floating potential as taught by Son in the display apparatus of Zhang in view of Li for the purpose of preventing any influence of the display panel caused by static electricity.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JIA X PAN whose telephone number is (571)270-7574. The examiner can normally be reached M-F: 10:00AM - 5:00PM.
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, Michael H Caley can be reached at (571)272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JIA X PAN/ Primary Examiner, Art Unit 2871