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 .
This Office Action is made in response to applicant’s papers filed on 10/28/2024. Claims 1-21 are currently pending in the application. An action follows below:
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 2 and 6-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,864,408 B2 (hereinafter Pat408.) Although the claims at issue are not identical, they are not patentably distinct from each other because the above indicated claims of the patent contain all the limitations of claims 1, 2 and 6-8 of the instant application. These claims of the instant application therefore are not patentable distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
Claims 3-5 and 9-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of Pat408 as applied to claim 1 above, and further in view of Ka et al. (US 2017/0294502 A1; hereinafter Ka.)
As per claim 3, the patent claim 1 recites the current wire as the conductive wire, but is silent to the conductive wire serving as an electrode of a capacitor. However, in the same field of endeavor, Ka discloses a related electroluminescent device (see at least Figs. 1, 11, 21) comprising: a lower structure comprising a light transmitting region, an emission area (see at least Figs. 1, 21; ¶¶ 53:1-4, 55, 56, disclosing a lower structure comprising: at least elements [50-190] and a light transmitting region including at least area [FA]; and a non-transparent emission area [AA],) a current wire overlapping the emission area, and an inner bus wire electrically connected to the current wire and located in the inner buffer area in a plane view (see at least Fig. 2; ¶¶ 76, 78, 79, disclosing the lower structure further comprising a conductive/current wire [VDD1 and/or ELVDD in the active area AA] overlapping the emission area [AA] and an inner bus wire [VDD2] electrically connected to the current wire and located in the inner buffer area [WA] in a plane view,) wherein the current/conductive wire serves as an electrode of a capacitor (see at least Fig. 5, disclosing the current/conductive wire [VDD1/ ELVDD] serving as an electrode of a capacitor CST.) It would have been obvious to a person of ordinary skill in the art at the time of the invention was made to recognize the Ka reference remedying the deficiency of the patent claim of Pat408 or to modify the electroluminescent device of the patent claim of Pat408 to have the current/conductive wire serving as an electrode of a capacitor, in view of the teaching in the Ka reference, to obtain the same predictable result.
As per claim 4, the combination of the patent claims and Ka obviously renders the conductive wires extending in the first direction (see Ka at least Fig. 5, disclosing the conductive/current wires ELVDD extending in the first/horizontal direction.)
As per claim 5, the combination of the patent claims and Ka obviously renders the first and second directions being perpendicular to each other (see Ka at least Fig. 5, disclosing the first/horizontal and second/vertical directions being perpendicular to each other.)
As per claim 9, see the rejection of claims 4-8 for similar limitations.
As per claim 10, the combination of the patent claims and Ka obviously renders wherein: the conductive wire serves to generate a potential difference of a capacitor (see the discussion in the rejection of claim 3; further see Ka at least Fig. 5, disclosing the conductive wire [ELVDD/VDD1] serving to generate a potential difference of a capacitor CST) and the conductive wire is not a scan line connected to a gate (see the patent claim 1 reciting the conductive wire being a current wire, not a scan line connected to a gate; also see the discussion in the rejection of claim 3 whereat Ka at least Fig. 5 also discloses the conductive wire [ELVDD/VDD1] being a current/power wire, not a scan line connected to a gate.)
As per claim 11, see the rejection of claim 9 for similar limitations.
As per claim 12, the combination of the patent claims and Ka obviously renders wherein: the inner bus wire comprises at least two of the second parts having different lengths, the conductive wires are physically connected to the at least two of the second parts, and the greater the length of the second part is, the greater the number of the conductive wires physically connected to the second part is (see the patent claims 1-3; further see Ka at least Fig. 2.)
As per claim 13, see the rejection of claim 9 or 11 for similar limitations.
As per claim 14, the combination of the patent claims and Ka obviously renders wherein the second part is formed in a different layer from the conductive wire and makes a vertical contact with the conductive wire, and the electroluminescent device has no wire which is formed in a different layer from the first part and makes a vertical contact with the first part (see the patent claims 1-3; further see Ka at least Fig. 2.)
As per claim 15, see the rejection of claim 9, 11 or 13 for similar limitations.
As per claims 16-21, see the rejections of claims 12-15 for similar limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jimmy H Nguyen whose telephone number is (571) 272-7675. The examiner can normally be reached on Monday-Friday 9AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Temesghen Ghebretinsae, can be reached at (571) 272-3017. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jimmy H Nguyen/
Primary Examiner, Art Unit 2626