Detailed Office Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status: Please all the replies and correspondence should be addressed to Examiner’s new art unit 2629. Receipt is acknowledged of papers submitted on 07-03-2024 under new application being continuation of Application No. 18,295,536 filed April 04, 2023 matured to U.S. Patent No. 12,035,598; is continuation of Application No. 17/492,183 filed 10/01/2021, matured to U.S. Patent No. 11,621,302; which in turn, is a continuation application of Application No. 17/492,183 filed on 01/08/2020 matured to U.S. Patent No. 11,605,675, which have been placed of record in the file. Claims 1 is pending in this action.
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 07-03-2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,035,598 B2. This is a statutory double patenting rejection.
Application # 18764107
U.S. Patent No. 12,035,598
A display device comprising: a first sub-pixel configured to emit light of a first color; a plurality of second sub-pixels configured to emit light of a second color; and a plurality of third sub-pixels configured to emit light of a third color, wherein: a first-second sub-pixel from among the plurality of second sub-pixels faces the first sub-pixel and has a short side and a long side, wherein the long side of the first-second sub-pixel faces a first side of the first sub-pixel; a first-third sub-pixel from among the plurality of third sub-pixels faces the first sub-pixel and has a short side and a long side, wherein the long side of the first-third sub-pixel faces a second side of the first sub-pixel; a second-second sub-pixel from among the plurality of second sub-pixels faces the first sub-pixel and has a short side and a long side, wherein the short side of the second-second sub-pixel faces a third side of the first sub-pixel; a second-third sub-pixel from among the plurality of third sub-pixels faces the first sub-pixel and has a short side and a long side, wherein the short side of the second-third sub-pixel faces the third side of the first sub-pixel; a third-second sub-pixel from among the plurality of second sub-pixels faces the first sub-pixel and has a short side and a long side, wherein the short side of the third-second sub-pixel faces a fourth side of the first sub-pixel; and a third-third sub-pixel from among the plurality of third sub-pixels faces the first sub-pixel and includes a short side and a long side, wherein the short side of the third-third sub-pixel faces the fourth side of the first sub-pixel.
1. A display device comprising: a first sub-pixel configured to emit light of a first color; a plurality of second sub-pixels configured to emit light of a second color; and a plurality of third sub-pixels configured to emit light of a third color, wherein: a first-second sub-pixel from among the plurality of second sub-pixels faces the first sub-pixel and has a short side and a long side, wherein the long side of the first-second sub-pixel faces a first side of the first sub-pixel; a first-third sub-pixel from among the plurality of third sub-pixels faces the first sub-pixel and has a short side and a long side, wherein the long side of the first-third sub-pixel faces a second side of the first sub-pixel; a second-second sub-pixel from among the plurality of second sub-pixels faces the first sub-pixel and has a short side and a long side, wherein the short side of the second-second sub-pixel faces a third side of the first sub-pixel; a second-third sub-pixel from among the plurality of third sub-pixels faces the first sub-pixel and has a short side and a long side, wherein the short side of the second-third sub-pixel faces the third side of the first sub-pixel; a third-second sub-pixel from among the plurality of second sub-pixels faces the first sub-pixel and has a short side and a long side, wherein the short side of the third-second sub-pixel faces a fourth side of the first sub-pixel; and a third-third sub-pixel from among the plurality of third sub-pixels faces the first sub-pixel and includes a short side and a long side, wherein the short side of the third-third sub-pixel faces the fourth side of the first sub-pixel.
Conclusion
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Any response to this action should be mailed to:
Commissioner of Patents and Trademarks
P.O. Box 1450
Alexandria VA 22313-1450
/Prabodh M Dharia/
Primary Examiner
Art Unit 2629
02-19-2026
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