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 .
Election/Restrictions
Applicant’s election without traverse of Species II, Fig. 5 in the reply filed on 12/12/25 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/21/24 was considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: [0050], line 2 has “conductive pattern” which should have a period at the end of this term to end the sentence.
Appropriate correction is required.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12/105,900.
US 12,105,900
Current Application (18/723,344)
2. A touch input device comprising: a sensor unit; and a control unit configured to control the sensor unit, wherein the sensor unit comprises: a first pattern comprising first-a and first-b patterns alternately arranged in a first direction; a second pattern disposed adjacent to the first pattern; a third pattern extending in a second direction different from the first direction; and a fourth pattern disposed adjacent to the third pattern and extending in the second direction, wherein the first-a patterns are electrically connected to each other, and the first-b patterns are electrically connected to each other, each of the first and second patterns is provided in plurality along the second direction, each of the third and fourth patterns is provided in plurality along the first direction, the plurality of first and third patterns have one ends electrically connected to the control unit and the other ends electrically opened, the plurality of second patterns have the other ends that are electrically connected to each other, and the plurality of fourth patterns have the other ends that are electrically connected to each other.
17. A touch input device comprising: a sensor unit; and a control unit electrically connected to the sensor unit, wherein the sensor unit comprises:a plurality of first patterns each arranged along a first direction;a plurality of second patterns each arranged along the first direction and adjacent to the first patterns;a plurality of third patterns each arranged along a second direction intersecting the first direction; anda plurality of fourth patterns each arranged along the second direction and adjacent to the third patterns,wherein each of the first pattern includes a first-a pattern and a first-b pattern alternately arranged along the first direction, wherein the first-a patterns of the plurality of first patterns arranged along the first direction being electrically connected to each other, the first-b patterns of the plurality of first patterns arranged along the first direction being electrically connected to each other, wherein one end of each of the plurality of first patterns is electrically floated, and the other end of each of the plurality of first patterns is electrically connected to the control unit,wherein one end of each of the plurality of third patterns is electrically floated, and the other end of each of the plurality of third patterns is electrically connected to the control unit,wherein one ends of the plurality of second patterns are electrically connected to each other, and at least two of the other ends are electrically connected to each other and electrically connected to the control unit, andwherein at least some of the fourth patterns among the plurality of fourth patterns have one ends electrically floating, and the other ends are electrically connected to each other.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the present application is directed to multiple first, second, third, and fourth patterns whereas the 12,105,900 patent is directed to individual patterns with the first pattern also have two different pattern parts. There are no differences between the limitations claimed except for minor obvious variants (i.e., duplication of parts of multiple first, second, third, and fourth patterns).
Allowable Subject Matter
Claims 18-35 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.
Claim 17 is allowable if the terminal disclaimer rejection is overcome.
The following is an examiner’s statement of reasons for allowance: The closest prior art is directed to Lee et al. (US 2021/0005677) which teaches in Fig. 33 a touch sensor having first electrode patterns TE, a second electrode patterns RE, third electrode patterns PE1, and fourth electrode patterns PE2. The PE1 and PE2 pattens are connected to a control unit as (420, 440, and 460) and have other ends floated, and the TE electrodes are driven by driver 410 at one end and have an other end open. The RE electrodes have one end connected to the control unit at 420 and an other end open. However, neither Lee nor other prior art discloses or suggests providing first patterns TE that are formed as a-patterns and b-patterns such that “wherein each of the first pattern includes a first-a pattern and a first-b pattern alternately arranged along the first direction, wherein the first-a patterns of the plurality of first patterns arranged along the first direction being electrically connected to each other, the first-b patterns of the plurality of first patterns arranged along the first direction being electrically connected to each other” as recited in independent claim 17.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH PATRICK FOX whose telephone number is (571) 270-3877. The examiner can normally be reached 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Patrick Edouard can be reached at 571-272-7603. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOSEPH PATRICK FOX
Examiner
Art Unit 2622
/JOSEPH P FOX/Examiner, Art Unit 2622
/PATRICK N EDOUARD/Supervisory Patent Examiner, Art Unit 2622