Prosecution Insights
Last updated: July 17, 2026
Application No. 18/933,380

TOUCH LAYER AND TOUCH DISPLAY APPARATUS

Final Rejection §102§103
Filed
Oct 31, 2024
Priority
Nov 24, 2021 — nonprovisional of PCT/CN2021/132885 +2 more
Examiner
NADKARNI, SARVESH J
Art Unit
2629
Tech Center
2600 — Communications
Assignee
BOE Technology Group Co., Ltd.
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
1y 2m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
370 granted / 512 resolved
+10.3% vs TC avg
Moderate +14% lift
Without
With
+14.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
16 currently pending
Career history
537
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
96.1%
+56.1% vs TC avg
§102
2.0%
-38.0% vs TC avg
§112
0.9%
-39.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 512 resolved cases

Office Action

§102 §103
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 . Terminal Disclaimer The terminal disclaimer filed on March 16, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No. 12,182,368 has been reviewed and is accepted. The terminal disclaimer has been recorded. Response to Arguments Applicant's arguments filed have been fully considered but they are not persuasive. Applicant alleges the Pai reference does not disclose all the limitations of the independent claims. Specifically, Applicant alleges Pai fails to disclose “the insulating layer is provided between the plurality of first touch bars and the plurality of second touch bars, and in areas where the plurality of first touch bars overlap the plurality of second touch bars.” Examiner respectively disagrees. As clearly addressed in the rejection below, Pai discloses an insulating layer (FIGS. 1-4 glass 20 and insulation gaps 22, 32 at [0031]-[0035], FIGS. 7-13 [0040]-[0042] and insulating gaps 63 and 73), wherein the insulating layer is provided between the plurality of first touch bars and the plurality of second touch bars (FIGS. 1-4 [0031]-[0035] glass substrate 10 separates upper conductive layer 20 and lower conductive layer 30 with insulation gaps 22, 23 between bars; FIGS. 7-13 and [0040]-[0042] insulation gaps 63 and 73), and in areas where the plurality of first touch bars overlap the plurality of second touch bars (FIGS. 1-4 [0031]-[0035] glass substrate 10 separates upper conductive layer 20 and lower conductive layer 30 with insulation gaps 22, 23 between bars). Therefore, Examiner respectfully submits the upper and lower layers are clearly separated by an insulation layer where they overlap. As such, the claims stand as properly address and rejected below. Claim Rejections - 35 USC § 102 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. 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 – (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. Claims 1, 17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pai et al., US 2021/0278250 A1 (hereinafter “Pai”). Regarding claim 1, Pai discloses a touch layer (FIG. 1 and [0031]-[0033] and modular touch glass board generally illustrated comprising upper conductive layer 20 substrate 10 lower conductive layer 30), comprising: an effective touch structure (FIG. 1 and [0031]-[0033] and modular touch glass board generally illustrated comprising upper conductive layer 20 substrate 10 lower conductive layer 30) including a plurality of first touch bars extending substantially in a same direction (FIGS. 2, 4-7 and [0033]-[0038] with Y-axis conductive bars 21; FIGS. 9-11 and [0040] conductive bars 62), and a plurality of second touch bars extending substantially in another same direction (FIGS. 2, 4-7 and [0033]-[0038] with X-axis conductive bars 31; FIGS. 9-11 and [0040]-[0041] conductive bars 72), wherein the plurality of first touch bars cross the plurality of second touch bars and are insulated from the plurality of second touch bars (FIGS. 1-4 [0031]-[0035] glass substrate 10 separates upper conductive layer 20 and lower conductive layer 30); the plurality of first touch bars are divided into a plurality of first touch groups (FIGS. 7-13 and [0040]-[0043] driving electrode groups 61), and at least two first touch bars included in a first touch group are electrically connected to each other (FIGS. 7-13 and [0040]-[0043] each of the driving electrode groups 61 connected by driving signal wires 68); and the plurality of second touch bars are divided into a plurality of second touch groups (FIGS. 7-13 and [0040]-[0041] sensing electrode groups 71), and at least two second touch bars included in a second touch group are electrically connected to each other (FIGS. 7-13 and [0040]-[0041] each of the sensing electrode groups 71 connected by sensing signal wires 78); and an insulating layer (FIGS. 1-4 glass 20 and insulation gaps 22, 32 at [0031]-[0035], FIGS. 7-13 [0040]-[0042] and insulating gaps 63 and 73), wherein the insulating layer is provided between the plurality of first touch bars and the plurality of second touch bars (FIGS. 1-4 [0031]-[0035] glass substrate 10 separates upper conductive layer 20 and lower conductive layer 30 with insulation gaps 22, 23 between bars; FIGS. 7-13 and [0040]-[0042] insulation gaps 63 and 73), and in areas where the plurality of first touch bars overlap the plurality of second touch bars (FIGS. 1-4 [0031]-[0035] glass substrate 10 separates upper conductive layer 20 and lower conductive layer 30 with insulation gaps 22, 23 between bars). Regarding claim 17, Pai discloses the touch layer according to claim 1 (see above), wherein a first touch bar of the plurality of first touch bars is a metal mesh constituted by a plurality of first metal lines (FIG. 6, and [0037]), and a second touch bar of the plurality of second touch bars is a metal mesh constituted by a plurality of second metal lines (FIGS. 5A-5B and 6 and [0035]-[0037]); and a first metal line of the plurality of first metal lines is perpendicular to a second metal line of the plurality of second metal lines at a crossing position between the first touch bar and the second touch bar (FIGS. 1-4, [0033]-[0037] in the construction of X-axis conductive bars 31 and Y-axis conductive bars 21 using the structures of FIGS. 5A-B and 6 the mesh wire lines would be perpendicular lines). Regarding claim 20, Pai discloses a touch display apparatus ([0002] and [0036] LCD), comprising a display panel ([0002] and LCD at [0036]), and the touch layer according to claim 1 (see above). Claim Rejections - 35 USC § 103 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. 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. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Pai in view of Nakajima et al., US 2016/0004372 A1 (hereinafter “Nakajima”). Regarding claim 2, Pai discloses the touch layer according to claim 1 (see above), wherein the touch layer is divided into a plurality of touch units (see annotation below, touch unit is cross section of 61 and 71 illustrated in FIGS. 11-13 and at [0043]), and a touch unit is a smallest repeating unit covering all crossing positions between the first touch group (FIG. 12, 61) and the second touch group (FIG. 13, 71) (see annotation below); a portion, located in the touch unit, of each first touch bar of the first touch group is a single first touch section (see annotation of FIG. 11 below); and a portion, located in the touch unit, of each second touch bar of the second touch group is a single second touch section (see annotation of FIG. 11 below); PNG media_image1.png 588 528 media_image1.png Greyscale However Pai does not disclose the effective touch structure further includes at least one first connection portion located in the touch unit, and each first connection portion is coupled to two adjacent first touch sections in the touch unit; and in a thickness direction of the touch layer, each first connection portion is non-overlapping with all second touch sections in the touch unit. In the same field of endeavor, Nakajima discloses the effective touch structure further includes at least one first connection portion located in the touch unit (FIG. 24, connection portion between the vertical CP2 elements at CN2), and each first connection portion is coupled to two adjacent first touch sections in the touch unit (FIG. 24 below, with connections between CP2 elements at CN2); and in a thickness direction of the touch layer, each first connection portion is non-overlapping with all second touch sections in the touch unit (see below, as annotated). PNG media_image2.png 582 640 media_image2.png Greyscale Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the connections of Pai to incorporate the connections of a repeatable touch unit as disclosed by Nakajima because the references are within the same field of endeavor, namely, touch electrode patterns for touch inputs. The motivation to combine these references would have been to reduce the parasitic capacitance while improving the performance of the touch screen (see Nakajima at Abstract and [0008]-[0009]). Therefore, a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and there would have been a reasonable expectation of success. Claims 5-7, 9, and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Pai in view of Bang et al., US 2023/0022014 A1 (hereinafter “Bang”). Regarding claim 5, Pai discloses the touch layer according to claim 1 (see above), wherein the effective touch structure has a plurality of dummy regions that are non-overlapping with, in a thickness direction of the touch layer, both the plurality of first touch bars and the plurality of second touch bars (FIGS. 7-11 with spaces between crossing areas of TxP and RxP as illustrated and [0040]-[0043]). PNG media_image3.png 566 490 media_image3.png Greyscale However, Pai does not explicitly disclose the touch layer further comprises a plurality of virtual touch portions each insulated from both the plurality of first touch bars and the plurality of second touch bars, and at least one virtual touch portion is located in a dummy region. In the same field of endeavor, Bang discloses the touch layer further comprises a plurality of virtual touch portions each insulated from both the plurality of first touch bars and the plurality of second touch bars (FIG. 8, [0160]-[0162] and [0169]-[0175] dummy patterns DUP), and at least one virtual touch portion is located in a dummy region (these dummy patterns are in the dummy regions between the patterns SP1 and SP2 and insulated from the patterns of EG1 and EG2 at [0169]). Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify the gaps between touch electrode patterns of Pai to incorporate the dummy patterns as disclosed by Bang because the references are within the same field of endeavor, namely, touch electrode patterns for touch inputs. The motivation to combine these references would have been to improve and increase the mutual capacitance caused by the occurrence of a touch event while reducing ghost touch phenomenon and noise (see Bang at least at [0171]-[0172]). Therefore, a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and there would have been a reasonable expectation of success. Regarding claim 6, Pai in view of Bang discloses the touch layer according to claim 5 (see above), wherein in the thickness direction of the touch layer, the plurality of first touch bars cross the plurality of second touch bars to create a plurality of square regions (see Pai above illustrating square regions formed at FIGS. 7-11 with spaces between crossing areas of TxP and RxP and [0040]-[0043]; a square region is the dummy region (Pai at FIGS. 7-11 and annotation above at [0040]-[0043] perpendicular bars TxP and RxP would create the square regions); and the plurality of virtual touch portions include a plurality of first virtual touch portions, and at least one first virtual touch portion is located in the square region (Bang FIG. 8, [0160]-[0162] and [0169]-[0175] dummy patterns DUP in view of Pai FIGS. 7-11 would produce the dummy patterns in the square regions). Regarding claim 7, Pai in view of Bang discloses the touch layer according to claim 6 (see above), wherein in a direction perpendicular to an extending direction of a first touch bar, a maximum dimension of the first touch bar is a first width (Pai at FIGS. 1-4 and 7-13 illustrating widths of the first touch bars at W6 at [0040]); an average value of dimensions of portions of a first virtual touch portion of the plurality of first virtual touch portions is a first average width (Pai, FIGS. 1-4 and [0033]-[0035] average value can be calculated based on pitch and distances between adjacent y-axis bars and x-axis bars); and the first average width is greater than the first width (Pai at FIGS. 1-4 and [0033]-[0035] pitch determination and testing would produce nothing more than predictable results of widths as known in the art given a finite number of arrangements of the bar elements of Pai). Regarding claim 9, Pai in view of Bang discloses the touch layer according to claim 6 (see above), wherein each first virtual touch portion disposed in the square region is axial symmetric with respect to an axis extending in an extending direction of a first touch bar and/or an axis extending in an extending direction of a second touch bar (Pai at FIGS. 1-4 and 7-13 and [0032]-[0035] and [0040]-[0042], the square region produced by the cross pattern is axially symmetric with both y-axis bars and x-axis bars). Regarding claim 12, Pai in view of Bang discloses the touch layer according to claim 5 (see above), wherein a first touch bar is provided with at least one first opening region therein, and a first opening region is the dummy region (Bang FIG. 8, [0160]-[0162] and [0169]-[0175] dummy patterns DUP1-4 with openings as formed therein); and the plurality of virtual touch portions include a plurality of second virtual touch portions, and a second virtual touch portion is located in the first opening region (Bang FIG. 8, [0160]-[0162] and [0169]-[0175] dummy patterns DUP1-4 inserted into the areas therein). Regarding claim 13, Pai in view of Bang discloses the touch layer according to claim 12 (see above), wherein the first touch bar includes a plurality of first touch electrodes (Bang FIG. 8, SP1a and [0160]-[0172]) and a plurality of first coupling portions (FIG. 8, with CP1 and [0160]-[0162] and [0169]-[0175]); and the first opening region is located inside a first touch electrode (Bang FIG. 8 and DUP2 and DUP3 entirely within the patterns at [0160]-[0175]). Regarding claim 14, Pai in view of Bang discloses the touch layer according to claim 13 (see above), wherein the first touch electrode is provided with a single first opening region therein (Bang FIG. 8, [0160]-[0162] and [0169]-[0175] dummy patterns DUP1-4 inserted into the areas therein, DUP2 serving as a single first opening); or the first touch electrode is provided with at least two first opening regions therein, and the at least two first opening regions are arranged in a direction perpendicular to an extending direction of the first touch bar (see above, condition satisfied). Regarding claim 15, Pai in view of Bang discloses the touch layer according to claim 13 (see above), wherein the first touch electrode is symmetric with respect to an axis extending in an extending direction of the first touch bar (Bang FIGS. 7B and 8 illustrating symmetry along the Y axis and [0160]-[0175]); and/or an area of the second virtual touch portion is 1/3 to 1/2 of an area of the first touch electrode (see above, condition satisfied). Regarding claim 16, Pai in view of Bang discloses the touch layer according to claim 5 (see above), wherein a second touch bar is provided with at least one second opening region therein (Bang FIGS. 7B and 8 with openings at DUP3 and [0160]-[0162] and [0165]-0172]), and a second opening region in the at least one second opening region is the dummy region (Bang FIGS. 7B and 8 with openings at DUP3 and [0160]-[0162] and [0165]-0172]); and the plurality of virtual touch portions include a plurality of third virtual touch portions, and a third virtual touch portion is located in the second opening region; (Bang FIGS. 7B and 8 with openings at DUP4 and [0160]-[0162] and [0165]-0172]) or a contour of the dummy region and a contour of each virtual touch portion in the dummy region have a gap therebetween, and a width of the gap is not less than 4.5 um and not greater than 6.5 um (see above, condition satisfied, and also Bang at [0173]). Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Pai in view of Bang as applied to claim 5 above, and further in view of Chen, US 2020/0293148 A1 (hereinafter “Chen”). Regarding claim 10, Pai in view of Bang discloses the touch layer according to claim 5 (see above). However, Pai in view of Bang does not explicitly disclose wherein a first touch bar includes a plurality of first touch electrodes and a plurality of first coupling portions that are alternately arranged and coupled to one another; a second touch bar includes a plurality of second touch electrodes and a plurality of second coupling portions that are alternately arranged and coupled to one another; at a position where the first touch bar and the second touch bar cross each other in the thickness direction of the touch layer, a first coupling portion of the first touch bar and a second coupling portion of the second touch bar have an overlapping region therebetween. In the same field of endeavor, Chen discloses wherein a first touch bar includes a plurality of first touch electrodes (FIGS. 1-5 and first electrodes 201 [0083]-[0086]) and a plurality of first coupling portions that are alternately arranged and coupled to one another (FIGS. 1-5 and metal bridge 30 at [0067] and [0083]-[0086]); a second touch bar includes a plurality of second touch electrodes (FIGS. 1-5 and first electrodes 201 [0083]-[0086]) and a plurality of second coupling portions that are alternately arranged and coupled to one another (FIGS. 1-5 and metal bridge 40 at [0067] and [0083]-[0086]); at a position where the first touch bar and the second touch bar cross each other in the thickness direction of the touch layer, a first coupling portion of the first touch bar and a second coupling portion of the second touch bar have an overlapping region therebetween (FIGS. 1-5 and overlapping region as illustrated where third metal bridge 30 and metal bridge 40 overlap at [0083]-[0091], FIG. 4 clearly illustrating). Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to modify touch electrode patterns of Pai in view of Bang to incorporate the coupling bridges of Chen because the references are within the same field of endeavor, namely, touch electrode patterns for touch inputs. The motivation to combine these references would have been to improve the signal to noise ratio of the device during operation (see Chen at [0055]). Therefore, a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and there would have been a reasonable expectation of success. Regarding claim 11, Pai in view of Bang further in view of Chen discloses the touch layer according to claim 10 (see above), wherein a virtual touch portion and the plurality of first touch electrodes are disposed in a same layer; and/or another virtual touch portion and the plurality of second touch electrodes are disposed in a same layer (Bang FIG. 8, [0160]-[0162] and [0169]-[0175] dummy patterns DUP1-4, disposed between the electrodes and the pattern would be within the same layer of at least one of the touch electrode patterns as would be understood by one of ordinary skill). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kurashima et al., US 2022/0027014 A1: Abstract and FIGS. 10-12 with electrode pattern including insulating/dielectric layer; THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARVESH J. NADKARNI whose telephone number is (571)270-7562. The examiner can normally be reached 8AM-5PM M-F. 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, Benjamin C. Lee can be reached at (571)272-2963. 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. /SARVESH J NADKARNI/Examiner, Art Unit 2629
Read full office action

Prosecution Timeline

Oct 31, 2024
Application Filed
Dec 17, 2025
Non-Final Rejection mailed — §102, §103
Mar 16, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
86%
With Interview (+14.1%)
2y 11m (~1y 2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 512 resolved cases by this examiner. Grant probability derived from career allowance rate.

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