DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 12/493,391 filed on 06/29/2009.
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.
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.
Claims 16-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 10,983,631. Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 16 of the instant application and Claim 1 of U.S. Patent No. 10,983,631 are similar, because both Claim 16 of the instant application and Claim 1 of U.S. Patent No. 10,983,631 are claiming same claim subject matters.
18/741,640 U.S. Patent No. 10,983,631 B2
Claim 16. A display device with a touch panel, comprising: a display panel having organic light emitting elements; and a touch panel formed on the display panel, wherein the touch panel includes:
Claim 1. A touch panel comprising: a substrate;
a plurality of first touch electrodes which extends at least in a first direction and which comprises a plurality of first individual electrodes, and a plurality of first connecting electrodes which connect to each of the first individual electrodes;
a plurality of first touch electrodes which extends in a first direction and which comprises a plurality of first individual electrodes on a layer of the substrate and a plurality of first connecting electrodes which connect to each of the first individual electrodes;
a plurality of second touch electrodes which extends at least in a second direction different from the first direction and which comprises a plurality of second individual electrodes, and a plurality of second connecting electrodes which connect to each of the second individual electrodes;
a plurality of second individual electrodes arranged in a matrix; a plurality of second connecting electrodes which connect to each of the second individual electrodes in a second direction different from the first direction on the layer of the substrate; and
an insulating layer is formed between each of the first connecting electrodes and the second connecting electrodes;
an insulating layer on the layer of the substrate formed between each of the first connecting electrodes and the second connecting electrodes,
wherein an area defined by the first individual electrodes is different than an area defined by the second individual electrodes, and
wherein an area of each of the first individual electrodes is smaller than an area of each of the second individual electrodes, and
the number of the first individual electrodes is different than the number of the second individual electrodes.
the number of the first touch electrodes is smaller than the number of the second touch electrodes.
Claims 17-25 of the instant application are rejected for same reason as Claims 2-9 of U.S. Patent No. 10,983,631, because both Claims 17-25 of the instant application and Claims 2-9 of U.S. Patent No. 10,983,631 are claiming same claim subject matters.
Claims 26-35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 10,983,631. Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 26 of the instant application and Claims 1 and 4 of U.S. Patent No. 10,983,631 are similar, because both Claim 26 of the instant application and Claims 1 and 4 of U.S. Patent No. 10,983,631 are claiming same claim subject matters.
18/741,640 U.S. Patent No. 10,983,631 B2
Claim 26. A display device with a touch panel, comprising: a display panel having organic light emitting elements; and a touch panel formed on the display panel, wherein the touch panel includes:
Claim 1. A touch panel comprising: a substrate;
a plurality of first touch electrodes which extends at least in a first direction and which comprises a plurality of first individual electrodes, and a plurality of first connecting electrodes which connect to each of the first individual electrodes;
a plurality of first touch electrodes which extends in a first direction and which comprises a plurality of first individual electrodes on a layer of the substrate and a plurality of first connecting electrodes which connect to each of the first individual electrodes;
a plurality of second touch electrodes which extends at least in a second direction different from the first direction and which comprises a plurality of second individual electrodes, and a plurality of second connecting electrodes which connect to each of the second individual electrodes;
a plurality of second touch electrodes which extends in a second direction different from the first direction and which comprises a plurality of second individual electrodes on the layer of the substrate and a plurality of second connecting electrodes which connect to each of the second individual electrodes; and
an insulating layer is formed between each of the first connecting electrodes and the second connecting electrodes;
an insulating layer on the layer of the substrate formed between each of the first connecting electrodes and the second connecting electrodes,
wherein an area defined by the first individual electrodes is smaller than the area defined by the second individual electrodes,
wherein an area of each of the first individual electrodes is smaller than an area of each of the second individual electrodes,
and the number of the first individual electrodes is larger than the number of the second individual electrodes.
and the number of the first touch electrodes is smaller than the number of the second touch electrodes.
a plurality of dummy electrodes in an electrical floating formed between the first individual electrodes and the second individual electrodes;
4. The touch panel further comprising: a plurality of dummy electrodes in an electrical floating formed between the first individual electrodes and the second individual electrodes.
Claims 27-30, 32-35 of the instant application are rejected for same reason as Claims 2-3, 5-8 of U.S. Patent No. 10,983,631, because both Claims 26-30, 32-35 of the instant application and Claims 2-3, 5-8 of U.S. Patent No. 10,983,631 are claiming same claim subject matters.
Claim 31 of the instant application is rejected for same reason as Claims 1 and 4 of U.S. Patent No. 10,983,631, because both Claim 31 of the instant application and Claims 1 and 4 of U.S. Patent No. 10,983,631 are claiming same claim subject matters.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed features of Claims 16-35 are similar to the patented features of parent case.
The instant Application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof. Although the conflicting claims are not identical, they are not patentability distinct from each other because the instant Application claim is generic to all that is recited in the above patent claim. The more specific anticipates the broader (see In re Goodman - 29 USPQ2d 2010), also see Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2d, 1869 and Miller v. Eagle Mfg. Co., 151 U.S. 186 1894). Therefore, the instant claim is anticipated by the above patent claim.
Claims 16-35 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 10,983,631. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all of the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is ‘anticipated’ by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIJAY SHANKAR whose telephone number is (571)272-7682. The examiner can normally be reached M-F 9 am- 6 pm.
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VIJAY SHANKAR
Primary Examiner
Art Unit 2624
/VIJAY SHANKAR/Primary Examiner, Art Unit 2624