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 rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 11656518. This is a statutory double patenting rejection.
Instant Application
U.S. Patent No. 11656518
Claim 1 recites;
A display device, comprising:
a first display area that includes a plurality of first pixel areas, each of the plurality of first pixel areas including at least one first pixel to display an image; and
a second display area that includes a plurality of second pixel areas and a plurality of light transmitting areas, each of the plurality of second pixel areas including at least one second pixel to display the image and each of the light transmitting areas not including a pixel capable of displaying the image and has higher light transmittance than the second pixel area, wherein
in the second display area, the second pixel areas are arranged along a number of rows and columns with the rows defining a first direction and the columns defining a second direction;
in the second display area, at least one of the plurality of light transmitting areas is between two second pixel areas adjacent in the first direction, and at least one of the plurality of light transmitting areas is between two second pixel areas adjacent in the second direction, and
a structure of the plurality of first pixel areas is different from a structure of the plurality of second pixel areas or a shape of the plurality of first pixel areas is different from a shape of the plurality of second pixel areas.
Claim 1 recites;
A display device, comprising:
a first display area that includes a plurality of first pixel areas, each of the plurality of first pixel areas including at least one first pixel to display an image; and
a second display area that includes a plurality of second pixel areas and a plurality of light transmitting areas, each of the plurality of second pixel areas including at least one second pixel to display the image and each of the light transmitting areas not including a pixel capable of displaying the image and has higher light transmittance than the second pixel area, wherein
in the second display area, the second pixel areas are arranged along a number of rows and columns with the rows defining a first direction and the columns defining a second direction;
in the second display area, at least one of the plurality of light transmitting areas is between two second pixel areas adjacent in the first direction, and at least one of the plurality of light transmitting areas is between two second pixel areas adjacent in the second direction, and
a structure of the plurality of first pixel areas is different from a structure of the plurality of second pixel areas or a shape of the plurality of first pixel areas is different from a shape of the plurality of second pixel areas.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE M. DIAZ whose telephone number is (571)272-9822. The examiner can normally be reached Monday-Friday 8:00-4:00.
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, James R Greece can be reached at (571) 272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSE M DIAZ/Examiner, Art Unit 2875
/JAMES R GREECE/Supervisory Patent Examiner, Art Unit 2875
Prosecution Insights