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 .
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.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim (1+6) of U.S. Patent No. US 12,223,869 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of Instant application
Claim (1+6) of US Patent
A display device comprising:
A display device comprising:
a substrate including a display area, in which a plurality of pixels are disposed, and
a substrate including a display area in which a plurality of pixels are arranged and
a non-display area defined around the display area; a driver disposed in the non-display area on the substrate;
a non-display area positioned around the display area;
a driver disposed in the non-display area on the substrate, (claim 6)
a plurality of first crack detection lines disposed in the non-display area on the substrate,
a plurality of first crack detection lines disposed in the non-display area on the substrate;
wherein at least a part of each of the first crack detection lines adjacent to an end of the driver extends in parallel with an edge of the substrate in a plan view;
including a first line part and a first connection part contacting the first line part through a first contact hole overlapping one of the sub-layers in a plan view
a second crack detection line disposed in the non-display area on the substrate and positioned between the first crack detection lines and the driver,
a second crack detection line electrically connected to the first crack detection lines, positioned between the first crack detection lines and the display area,
wherein the second crack detection line is electrically connected to the first crack detection lines; and
a second crack detection line electrically connected to the first crack detection lines,
a common voltage line disposed in the non-display area on the substrate, wherein the common voltages line provides a common voltage to the pixels, and
a common voltage line disposed in the non-display area on the substrate, and which provides a common voltage to the pixels,
a concave portion overlapping at least a part of the second crack detection line in the plan view is defined at an edge portion of the common voltage line facing the first crack detection lines.
a concave part defined at an edge of the common voltage line facing the first crack detection lines; and a second crack detection line electrically connected to the first crack detection lines, positioned between the first crack detection lines and the display area, and including a first line part and a first connection part contacting the first line part through a first contact hole overlapping one of the sub-layers in a plan view.
Similarly Claims 2, 3, 4, 5, 6, 7, 8, 9, 15, 16, 17, 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims (1+6), (1+6), (1+6+4), (1+6+7), (1+6), (1+6+8), (1+5+6), (1+6), 16, 17, 17, 19 of U.S. Patent No. US 12,223,869 B2 respectively.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 16-23 are rejected under 35 U.S.C. 102(a1) as being anticipated by KIM et al. (Pub NO. US 2022/0254286 A1; hereinafter Kim).
Regarding Claim 16, Kim teaches a display device (display device in Fig. 1 and Fig. below; Se [0057]-[0066]) comprising:
a substrate (110 in Fig. 1 and Fig. below; See [0051]) including a display area (DA in Fig. 1 and Fig. below; See [0051]), in which a plurality of pixels are disposed (See [0053]), and
a non-display area defined around the display area (See [0051]);
a driver (400 in Fig. 1 and Fig. below; See [0054]) disposed in the non-display area on the substrate (See Fig. 1 and Fig. below);
a plurality of first crack detection lines ((outer edge of 150M1 and 150M2 in fig. 1 and Fig. below; See [0062]) disposed in the non-display area on the substrate (See [0062]),
wherein at least a part of each of the first crack detection lines adjacent to an end of the driver (150M1 is adjacent to 400 in fig. 1 and Fig. below) extends in parallel with an edge of the substrate in a plan view (150M1 extends parallel to edge of 110 in fig. 1 and Fig. below; See [0051]-[0066]); and
a second crack detection line (inner edge of 150M1 and 150M2 in fig. 1 and Fig. below; See [0062]) disposed in the non-display area on the substrate (See [0062]), and positioned between the first crack detection lines and the driver (Se Fig. 1 and Fig. below),
wherein the second crack detection line is electrically connected to the first crack detection lines (two edges of 150M1 and 150M2 are electrically connected in Fig. 1 and Fig. below).
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Regarding Claim 17, Kim teaches the display device of claim 16, further comprising: a first dam disposed in the non-display area on the substrate (See [0116]-[0117]), and positioned between the first crack detection lines and the driver; and a second dam disposed in the non-display area on the substrate, and positioned between the first dam and the first crack detection lines (See [0124]).
Regarding Claim 18, Kim teaches the display device of claim 17, wherein the second crack detection line includes:
a first line part (LHS of 177 in Fig. 1);
a first connection part connected to the first line part (82a in Fig. 1);
a second line part (RHS of 177 in Fig. 1) spaced apart from the first line part (See Fig. 1); and
a second connection part (72b in Fig. 1) connected to the second line part (See Fig. 1), and
wherein the first connection part contacts the first line part through a first contact hole and the second connection part contacts the second line part through a second contact hole (See [0135]-[0138]).
Regarding Claim 19, Kim teaches the display device of claim 18, wherein the second crack detection line further includes a bridge pattern connected between the first and second connection parts (See bridge pattern connecting 177 in fig. 10), and each of the first and second connection parts contacts the bridge pattern through a contact hole in the driver (See Fig. 10; See [0133]-[0143]).
Regarding Claim 20, Kim teaches the display device of claim 18, further comprising:
a first active pattern disposed in the display area on the substrate (See [010]-[0106]);
a first gate electrode (155a; See [0132]-[0135]) disposed on the first active pattern;
a second gate electrode (155b; See [0132]-[0135]) disposed on the first gate electrode; a second active pattern disposed on the second gate electrode (See [0132]-[0135]); and
a third gate electrode (155c; See [0132]-[0135]) disposed on the second active pattern (See [0132]-[0135]);
wherein the first crack detection lines are disposed in a same layer as the third gate electrode (150, 155 are same layer; See [0130]-[0150]), and
each of the first and second connection parts is disposed in a same layer as the first gate electrode (177 and 155 are on same layer; See [0130]-[0150]).
Regarding Claim 21, Kim teaches the display device of claim 18, further comprising:
a common voltage line (See [0061]) disposed in the non-display area on the substrate (See [0115], [0120]),
wherein the common voltages line provides a common voltage to the pixels (See [0115], [0120]),
wherein the common voltage line overlaps the first dam and partially overlaps the second dam in the plan view (See [0115]-[0117]).
Regarding Claim 22, Kim teaches the display device of claim 18, wherein the first (63; See [0135-[0138]]) and second contact holes (64; See [0135]-[0138]) overlap the second dam in the plan view (See [0135]-[0138]).
Regarding Claim 23, Kim teaches the display device of claim 18, wherein each of the first and second line parts does not overlap the first dam and overlaps the second dam in the plan view (See [0149]).
Allowable Subject Matter
Claims 10-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WANG et al (Pub NO. US 2021/0359069 A1) discloses Display Substrate and Display Device.
KIM et al. (Pub NO. US 2019/0157607 A1) discloses Organic Light Emitting Display Device.
Jeon et al. (Pub NO. US 2016/0307971 A1) discloses Organic Light Emitting Diode Display.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZANNATUL FERDOUS whose telephone number is (571)270-0399. The examiner can normally be reached Monday through Friday 8am to 5pm (PST).
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/ZANNATUL FERDOUS/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858
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