CTNF 18/892,545 CTNF 93071 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 09/23/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 08-33 AIA 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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 11156878 B2, respectively. Regarding claims 1-8 , the limitations of the claim are set forth in claims 1-8 of the '878 U.S. Patent as set forth below: Claims of Instant Application Claims of US 11156878 B2 Claim 1 : An electro-optical device comprising: a first substrate having transmissivity; a second substrate; a seal member disposed between the first substrate and the second substrate so as to bond the first substrate and the second substrate together, the seal member being disposed in a seal region defined around a pixel area in which pixels included in a plurality of pixels are aligned, the seal member extending in a first direction; a first conductive layer disposed between the first substrate and the seal member, the first conductive layer extending in a second direction which intersects with the first direction; a second conductive layer disposed between the first substrate and the first conductive layer, the second conductive layer extending in the second direction; a third layer disposed in the pixel area, the third layer formed of the first conductive layer; and a fourth layer disposed in the pixel area, the fourth layer formed of the second conductive layer, wherein: in plan view, the first conductive layer overlaps the second conductive layer in the seal region, and in a cross-sectional view the first direction, the second conductive layer is larger in an outer shape than the first conductive layer. Claim 1 : An electro-optical device comprising: a first substrate having transmissivity; a second substrate; a seal member disposed between the first substrate and the second substrate so as to bond the first substrate and the second substrate together, the seal member being disposed in a seal region defined around a pixel area in which pixels included in a plurality of pixels are aligned, the seal member extending in a first direction; a first conductive layer that is disposed between the first substrate and the seal member and that is disposed in the seal region, the first conductive layer extending in a second direction which intersects with the first direction; a second conductive layer that is disposed between the first substrate and the first conductive layer and that is disposed in the seal region, the second conductive layer extending in the second direction; a third conductive layer disposed in the pixel area, wherein the third conductive layer is disposed in a same layer as the first conductive layer; and a fourth conductive layer disposed in the pixel area, wherein the fourth conductive layer is disposed in a same layer as the second conductive layer, wherein: in a plan view, the first conductive layer overlaps the second conductive layer in the seal region, in a cross-sectional view along the first direction, the second conductive layer is larger in an outer shape than the first conductive layer. Claim 2 : The electro-optical device according to claim 1, wherein at least one of the first conductive layer and the second conductive layer is an interconnecting layer. Claim 2 : The electro-optical device according to claim 1, wherein at least one of the first conductive layer and the second conductive layer is an interconnecting layer. Claim 3 : The electro-optical device according to claim 1, wherein the first conductive layer and the second conductive layer are light-shielding layers. Claim 3 : The electro-optical device according to claim 1, wherein the first conductive layer and the second conductive layer are light-shielding layers. Claim 4 : The electro-optical device according to claim 1, wherein the first conductive layer and the second conductive layer are metal layers. Claim 4 : The electro-optical device according to claim 1, wherein the first conductive layer and the second conductive layer are metal layers. Claim 5 : The electro-optical device according to claim 1, wherein the first conductive layer provides a corresponding pattern with the second conductive layer. Claim 5 : The electro-optical device according to claim 1, wherein the first conductive layer provides a corresponding pattern with the second conductive layer. Claim 6 : The electro-optical device according to claim 1, wherein the seal member includes a photo curable material. Claim 6 : The electro-optical device according to claim 1, wherein the seal member includes a photo curable material. Claim 7 : The electro-optical device according to claim 1, wherein the direction in which the seal member extends is the same as a direction in which the first conductive layer extends. Claim 7 : The electro-optical device according to claim 1, wherein the seal member further extends in the second direction. Claim 8 : The electro-optical device according to claim 1, wherein the second conductive layer is larger in an outer shape than the fourth layer in plan view. Claim 8 : The electro-optical device according to claim 1, wherein the second conductive layer is larger in an outer shape than the fourth conductive layer in plan view. Although the claims at issue are not identical, they are not patentably distinct from each other because when two claims are so close in content that they both cover the same limitations, despite a minor difference in wording, so as to be substantial duplicates of one another, a double patenting rejection is proper (MPEP 706.03). Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 7 recites the limitation "the direction in which the seal member extends is the same as a direction in which the first conductive layer extends” in lines 2-4. There is insufficient antecedent basis for this limitation in the claim. Because in claim 1, there are “a first direction” and “a second direction”, it is unclear which direction it refers to. While claim 1 states “the seal member extending in a first direction”, claim 1 also requires “the first conductive layer extending in a second direction”. Thereby as being indefinite, claim 7 fails to particularly point out and distinctly claim the subject matter. For examination purposes, examiner has interpreted “the direction” to be --a direction--. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim s 1, 4-5 and 7 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Aoki (US 2007/0030409) . Regarding claim 1 , Aoki discloses an electro-optical device (Figs. 1-3 and 11-12; Para. [0064] “a liquid crystal display device”; see Paras. [0038]-[0039] identifying the embodiment shown in Figs. 1-3 and 11-12) comprising: a first substrate (1) having transmissivity (Para. [0045] “a transparent insulating substrate”); a second substrate (20); a seal member (8) disposed between the first substrate and the second substrate so as to bond the first substrate and the second substrate together (Para. [0054]), the seal member being disposed in a seal region (22) defined around a pixel area (2) in which pixels included in a plurality of pixels are aligned (Para. [0046]), the seal member extending in a first direction (see the x-direction denoted by the examiner in Fig. 11 below; Paras. [0038], [0054]); a first conductive layer (7b) disposed between the first substrate and the seal member, the first conductive layer extending in a second direction (the y-direction; 7 is a two-layer structure comprising 7a and 7b extending along 8; Para. [0085]) which intersects with the first direction; a second conductive layer (7a) disposed between the first substrate and the first conductive layer (Fig. 12), the second conductive layer extending in the second direction (Fig. 11); a third layer (5) disposed in the pixel area, the third layer formed of the first conductive layer (Para. [0050] “the common signal line 7 b is formed using a material for the display signal line 5”); and a fourth layer (3) disposed in the pixel area, the fourth layer formed of the second conductive layer (Para. [0050] “the common signal line 7 a is formed using a material for the scanning signal line 3”), wherein: in plan view, the first conductive layer overlaps the second conductive layer in the seal region (Fig. 12), and in a cross-sectional view the first direction, the second conductive layer is larger in an outer shape than the first conductive layer (Fig. 12; Para. [0085]). <Figure 11 of Aoki annotated by the examiner> PNG media_image1.png 430 450 media_image1.png Greyscale Regarding claim 4 , Aoki discloses the limitations of claim 1 above, and further discloses wherein the first conductive layer and the second conductive layer are metal layers (Para. [0086] “The lines of the first to fifth embodiments are formed using metal thin films such as Al”).. Regarding claim 5 , Aoki discloses the limitations of claim 1 above, and further discloses wherein the first conductive layer provides a corresponding pattern with the second conductive layer pattern (see the pattern created by 7, comprising 7a and 7b). Regarding claim 7 , Aoki discloses the limitations of claim 1 above, and further discloses wherein a direction in which the seal member extends is the same as a direction in which the first conductive layer extends (see 112(b) rejections above) (see Fig. 11, where 8 and 7b extend along the y-direction) . 07-15-fti Claim 3 is rejected under pre-AIA 35 U.S.C. 102 (b) as being anticipated by Aoki as evidenced by Toda (US 6654083) . Regarding claim 3 , Aoki discloses the limitations of claim 1 above, and further discloses wherein the first conductive layer and the second conductive layer are light-shielding layers (Para. [0086] “The lines of the first to fifth embodiments are formed using metal thin films such as Al”), where a metal film such as Al is a light-shielding layer as evidenced by Toda (column 6 line 67 - column 7 line 2, "light-shielding film ... such as Al") . Claim Rejections - 35 USC § 103 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-aia AIA Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Aoki . Regarding claim 8 , Aoki discloses the limitations of claim 1 above. In the Figure 11-12 embodiment, Aoki does not explicitly disclose the second conductive layer is larger in an outer shape than the fourth layer in plan view. However, Aoki discloses that the second conductive layer (7a in Figs. 11-12) is larger in an outer shape than a scanning signal lead-out line (4) in plan view; where the fourth layer and the scanning signal lead-out line are formed using the same conductive layer ([0049]), thereby the second conductive layer is larger in an outer shape than the fourth layer in plan view. It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the Aoki liquid crystal display device with the teachings of Aoki, wherein the second conductive layer is larger in an outer shape than the fourth layer in plan view, by using the same conductive layer as described by Aoki, for the purpose of avoiding the increase in the number of manufacturing process (Aoki: Para. [0071]) . 07-21-aia AIA Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Aoki in view of Jeong (US 20080143945) . Regarding claim 6 , Aoki discloses the limitations of claim 1 above. However, Aoki does not disclose the seal member includes a photo curable material. Jeong discloses a seal member includes a photo curable material (Para. [0049] “the seal line 400 includes photo-curable resin”). It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the Aoki seal member with the teachings of Jeong, wherein the seal member includes a photo curable material as disclosed by Jeong. One would have been motivated to use photo-curable resin for a seal member so that the photo-curable resin can be cured by an external light such as UV light (Para. Jeong: [0049]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN Y JUNG whose telephone number is (469)295-9076. The examiner can normally be reached on Monday - Friday, 9:00 am - 5:00 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Caley can be reached on (571)272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JONATHAN Y JUNG/Primary Examiner, Art Unit 2871 Application/Control Number: 18/892,545 Page 2 Art Unit: 2871 Application/Control Number: 18/892,545 Page 3 Art Unit: 2871 Application/Control Number: 18/892,545 Page 4 Art Unit: 2871 Application/Control Number: 18/892,545 Page 5 Art Unit: 2871 Application/Control Number: 18/892,545 Page 6 Art Unit: 2871 Application/Control Number: 18/892,545 Page 7 Art Unit: 2871 Application/Control Number: 18/892,545 Page 8 Art Unit: 2871 Application/Control Number: 18/892,545 Page 9 Art Unit: 2871 Application/Control Number: 18/892,545 Page 10 Art Unit: 2871 Application/Control Number: 18/892,545 Page 11 Art Unit: 2871 Application/Control Number: 18/892,545 Page 12 Art Unit: 2871 Application/Control Number: 18/892,545 Page 13 Art Unit: 2871 Application/Control Number: 18/892,545 Page 14 Art Unit: 2871 Application/Control Number: 18/892,545 Page 15 Art Unit: 2871 Application/Control Number: 18/892,545 Page 16 Art Unit: 2871 Application/Control Number: 18/892,545 Page 17 Art Unit: 2871 Application/Control Number: 18/892,545 Page 18 Art Unit: 2871 Application/Control Number: 18/892,545 Page 19 Art Unit: 2871 Application/Control Number: 18/892,545 Page 20 Art Unit: 2871 Application/Control Number: 18/892,545 Page 21 Art Unit: 2871
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