DETAILED ACTION
This Office Action is in response to Applicant’s application 18/761,216 filed on July 1, 2024 in which claims 1 to 20 are pending.
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 .
Drawings
The drawings submitted on July 1, 2024 have been reviewed and accepted by the Examiner.
Information Disclosure Statement
The Information Disclosure Statements (IDS), filed on July 1, 2024 and December 23, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosed therein has been considered by the Examiner.
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. 17/213,933 filed on March 25, 2021.
Notation
References to patents will be in the form of [C:L] where C is the column number and L is the line number. References to pre-grant patent publications will be to the paragraph number in the form of [xxxx].
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 1-9 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12,029,104 (‘104) in view of U.S. 2023/0035622 (Kang).
Table 1 – Comparison of Pending Claims to ‘104 Claims
Pending Claims
‘104 Claims
1. A display device comprising:
a display panel comprises a first peripheral area, a second peripheral area, and a bending area between the first peripheral area and the second peripheral area and configured to be bent, folded, or rolled;
a plurality of organic patterns located directly under the display panel and spaced from each other; and
a plurality of separation spaces respectively defined between the organic patterns,
wherein the plurality of organic patterns and the plurality of separation spaces are defined alternately with each other, and
wherein the plurality of organic patterns comprises a plurality of first organic patterns overlapping the first peripheral area and a plurality of second organic patterns overlapping the second peripheral area.
1. A display device comprising:
A display panel at least partially bent, folded, or rolled;
a plurality of organic patterns located directly under the display panel and spaced from each other;
a plurality of separation spaces respectively defined between the organic patterns;
at least one of a heat dissipation layer or a cushion layer below the plurality of organic patterns; and
a window on the display panel,
wherein the plurality of organic patterns and the plurality of separation spaces are defined alternately with each other,
wherein each of the plurality of organic patterns has a flexibility, and
wherein a lower surface of each of the plurality of organic patterns is convex in a direction away from the display panel.
2. The display device of claim 1,
wherein a lower surface of each of the plurality of organic patterns is convex in a direction away from the display panel.
From claim 1
wherein a lower surface of each of the plurality of organic patterns is convex in a direction away from the display panel.
3. The display device of claim 1, wherein each of the plurality of organic patterns has a bow shape.
2. The display device of claim 1, wherein each of the plurality of organic patterns has a bow shape.
4. The display device of claim 1, wherein each of the plurality of organic patterns comprises UV curable resin.
3. The display device of claim 1, wherein each of the plurality of organic patterns comprises UV curable resin.
5. The display device of claim 1, wherein each of the plurality of organic patterns comprises acrylate-based materials, polyurethane, or polyethylene.
4. The display device of claim 1, wherein each of the plurality of organic patterns comprises acrylate-based materials, polyurethane, or polyethylene.
6. The display device of claim 1, wherein each of the plurality of organic patterns has a thickness of about 10 μm to about 100 μm.
5. The display device of claim 1, wherein each of the plurality of organic patterns has a thickness of about 10 μm to about 100 μm.
7. The display device of claim 1, further comprising:
at least one of a heat dissipation layer or a cushion layer below the plurality of organic patterns; and a window on the display panel.
From claim 1
at least one of a heat dissipation layer or a cushion layer below the plurality of organic patterns; and a window on the display panel,
8. The display device of claim 1, further comprising a circuit board on the display panel in the second peripheral area, wherein the display panel further comprises a light emitting element layer in the first peripheral area.
7. The display device of claim 6, further comprising a circuit board on the display panel in the second peripheral area, wherein the display panel further comprises a light emitting element layer in the first peripheral area.
9. The display device of claim 1, wherein the plurality of organic patterns comprises a plurality of third organic patterns overlapping the bending area, and wherein a density per unit area of the plurality of third organic patterns is less than a density per unit area of the plurality of first organic patterns or the plurality of second organic patterns.
8. The display device of claim 6, wherein the plurality of organic patterns comprises a plurality of third organic patterns overlapping the bending area, and wherein a density per unit area of the plurality of third organic patterns is less than a density per unit area of the plurality of first organic patterns or the plurality of second organic patterns.
19. A display device comprising:
a display panel configured to be bent, folded, or rolled; and
a plurality of organic patterns located directly under the display panel and spaced from each other,
wherein each of the plurality of organic patterns has a flexibility,
a lower surface of each of the plurality of organic patterns is convex in a direction away from the display panel, and
each of the plurality of organic patterns comprises UV curable resin.
1. A display device comprising:
a display panel at least partially bent, folded, or rolled;
a plurality of organic patterns located directly under the display panel and spaced from each other;
a plurality of separation spaces respectively defined between the organic patterns;
at least one of a heat dissipation layer or a cushion layer below the plurality of organic patterns; and
a window on the display panel, wherein the plurality of organic patterns and the plurality of separation spaces are defined alternately with each other,
wherein each of the plurality of organic patterns has a flexibility, and wherein
a lower surface of each of the plurality of organic patterns is convex in a direction away from the display panel.
3. The display device of claim 1, wherein
each of the plurality of organic patterns comprises UV curable resin.
20. A display device comprising:
a display panel configured to be bent, folded, or rolled; and
a plurality of organic patterns located directly under the display panel and spaced from each other,
wherein each of the plurality of organic patterns has a flexibility,
a lower surface of each of the plurality of organic patterns is convex in a direction away from the display panel, and
each of the plurality of organic patterns has a bow shape.
1. A display device comprising:
a display panel at least partially bent, folded, or rolled;
a plurality of organic patterns located directly under the display panel and spaced from each other;
a plurality of separation spaces respectively defined between the organic patterns;
at least one of a heat dissipation layer or a cushion layer below the plurality of organic patterns; and
a window on the display panel, wherein the plurality of organic patterns and the plurality of separation spaces are defined alternately with each other,
wherein each of the plurality of organic patterns has a flexibility, and wherein
a lower surface of each of the plurality of organic patterns is convex in a direction away from the display panel.
2. The display device of claim 1, wherein
each of the plurality of organic patterns has a bow shape.
Regarding claim 1 and referring to Table 1, claim 1 of the ‘104 patent does not teach a display panel comprises a first peripheral area, a second peripheral area, and a bending area between the first peripheral area and the second peripheral area and wherein the plurality of organic patterns comprises a plurality of first organic patterns overlapping the first peripheral area and a plurality of second organic patterns overlapping the second peripheral area.
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Kang is directed to displays configured to be bent or folded. Regarding claim 1 and referring to Annotated Figure 10 and 11, Kang teaches a folded and bend display panel comprises a first peripheral area, e.g. 2A [0069] as annotated, a second peripheral area e.g. A2 [0069], as annotated,, and a bending area, A1 [0069], between the first peripheral area and the second peripheral area, as shown, and a plurality of organic patterns, e.g. 100 is described as an elastic member that includes plastic at [0043] and G2 and G1 and patterns in the plastic, wherein the plurality of organic patterns comprises a plurality of first organic patterns, as annotated, overlapping the first peripheral area, as shown, and a plurality of second organic patterns, as annotated, overlapping the second peripheral area, as shown.
Taken as a whole the prior art is directed to foldable panels. Kang teaches a suitable panel configuration includes a bending or folding region between two peripheral regions. Further Kang teaches that organic patterns may be located under each of the regions. Furthermore, Kang teaches the formation of groves in both the folding and peripheral regions reduces the deformation of the organic layer due to heat [0126]. An artisan would find it desirable to mitigate thermally induced deformation of organic patterns under the display to maintain planarity of the viewing surface.
Accordingly it would have been obvious to a person of ordinary skill in the art at the time of Applicant’s invention to configure the device of claim 1 wherein a display panel comprises a first peripheral area, a second peripheral area, and a bending area between the first peripheral area and the second peripheral area, as taught by Kang, and wherein the plurality of organic patterns comprises a plurality of first organic patterns overlapping the first peripheral area and a plurality of second organic patterns overlapping the second peripheral area, as taught by Kang, to implement a conventional folding display configuration with an organic pattern that was resistant to thermal deformation, as taught by Kang.
Regarding claim 2, claim 1 of the ‘104 patent recites this subject matter.
Regarding claims 3-6, claims 2-5 of the ‘014 patent recite this subject matter.
Regarding claim 7, claim 1 of the ‘104 patent recites this subject matter.
Regarding claims 8-9, claims 7-8 of the ‘014 patent recite this subject matter.
Regarding claim 19 and referring to Table 1, claims 1 and 3 of the ‘104 patent describes this subject matter.
Regarding claim 20 and referring to Table 1, claims 1 and 1 of the ‘104 patent describes this subject matter.
Allowable Subject Matter
Claims 10-18 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 10 the prior art fails to disclose the device of claim 1, wherein the display panel further comprises a base layer including an upper surface, and light emitting element layer on the upper surface of the base layer, wherein the plurality organic patterns is located below the light emitting element layer, and wherein the upper surface of the base layer is flat.
Regarding claim 11 the prior art fails to disclose the device of claim 1, wherein the display panel further comprises a connection part having a reduced width in a first direction and a non-connection part adjacent to the connection part, and wherein the plurality of organic patterns is located directly under the non-connection part and spaced from each other.
Claims 12-18 depend directly or indirectly on claim 11 and are allowable on that basis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed on the notice of references cited.
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/J.E. Schoenholtz/Primary Examiner, Art Unit 2893