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 .
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. 12085983 B2. This is a statutory double patenting rejection.
Present App. No. 18/791352
U.S. Patent No. 12085983 B2
1. A display device comprising:
a display module;
a plate positioned on a rear surface of the display module; and
a digitizer positioned on a rear surface of the plate,
wherein the plate includes a first layer, a second layer, and a third layer each including carbon fiber reinforced plastic, and
a fiber area weight (FAW) of the second layer is 100 g/m2 to 150 g/m2.
1. A display device comprising:
a display module;
a plate positioned on a rear surface of the display module; and
a digitizer positioned on a rear surface of the plate,
wherein the plate includes a first layer, a second layer, and a third layer each including carbon fiber reinforced plastic, and
a fiber area weight (FAW) of the second layer is 100 g/m2 to 150 g/m2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takeda (US 20200285064 A1), Choi (US 20200100371 A1), Foster (US 20190123094 A1), and Reddy (US 20170255233 A1) disclose conventional display devices.
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/JACOB R CRUM/Primary Examiner, Art Unit 2835