DETAILED ACTION
Notice of 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 .
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 – 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee.
Regarding Claim 1, Lee discloses “A touch panel display device, comprising: a first substrate having a switching element and a pixel electrode” (Figures 1, 2, Paragraph [0017], Lines 1 – 3, and Paragraph [0033], Line 3 – 5, and Items 135 ‘lower substrate’, 130 ‘lower electrode’ (Notice that touch panel display device is shown in Figures 1 and 2 with a first substrate 135 with at least a switching element (thin film transistor TFT in 135) and a pixel electrode 130.)), “a second substrate having a conductive layer” (Figures 1, 2, and Paragraph [0027], Lines 4 – 5, Items 128 ‘upper substrate’, 120 ‘upper electrode’ (Notice that a second substrate 128 is provided with a conductive layer of upper electrodes 120.)), “a display layer sandwiched between the first substrate and the second substrate” (Figures 1, 2, and Paragraph [0027], Lines 3 – 5, Item 110 ‘electronic ink’ (Notice that display layer 110 of electronic ink is sandwiched between the first substrate 135 and the second substrate 128.)), “and a switch wire switchable between a first state, in which the conductive layer functions as a sensor electrode that detects variations in capacitance because of a touch input, and a second state, in which the conductive layer functions as a counter electrode that generates a display drive voltage between the conductive layer and a pixel electrode” (Paragraph [0031] and [0034] (Notice that a first state exists in which the conductive layer of upper electrodes 120 is connected by a switch wire of a conductor providing connection of the drain of a TFT to the conductive layer 120 provide data voltage between the conductive layer 120 and pixel electrode 135 (Paragraph [0031], Lines 15 – 21). Also, notice that a second state exists in which the conductive layer of upper electrodes 120 is connected by a switch wire of a conductor providing connection of the drain of a TFT to a sign, pulse, or the like signal to provide a sensor electrode the allows for detection of changes in capacitance due to touch input (Paragraph [0034], Lines 7 – 10).)), “wherein the conductive layer includes a first conductive layer and a second conductive layer that are provided at a same level with respect to the first substrate” (Figures 1 and 2 (Notice that the conductive layer of upper electrodes 120 provides a first conductive layer (i.e. one of items 120) and second conductive layer (i.e. another of one of items 120 that is not the same as the first noted) that are at the same level with respect to first substrate 135.)), “the first conductive layer and the second conductive layer form a circuit so that each of the first conductive layer and the second conductive layer is connected to a capacitance detector” (Paragraph [0034], Lines 5 – 18 (Notice that each of the first conductive layer (i.e. formed of said one of items 120) and the second conductive layer (i.e. said another one of items 120) form a capacitance driving circuit with sensing electrodes 140 so the driving potentials of said one of items 120 and said another one of items 120 are capacitively connected or coupled the capacitive detector of the controller via sensing electrodes 140.)), “the first conductive layer and the second conductive layer are included in one layer extending along one main surface of the second substrate and are located at opposite sides of the one main surface” (Figures 1 and 2 (Notice that one of the conductive electrodes 120 providing a first conductive layer and another one of the conductive electrodes 120 providing a second conductive a layer are included in one layer extending from left to right along on main surface of substrate 128 and are located on opposite left and rides sides of the main surface of 128 (e.g. the leftmost 120 and 120 closest to the leftmost 120 are provided on opposing left and right sides of the main surface of 128).)), “the one layer serves as both the counter electrode and the sensor electrode” (Paragraph [0031] and [0034] (Notice that the one layer including the conductive layer 120 functions to provide data voltage between the conductive layer 120 and pixel electrode 135 (Paragraph [0031], Lines 15 – 21) and that the one layer including the conductive layer 120 functions to provide a sensor electrode the allows for detection of changes in capacitance due to touch input (Paragraph [0034], Lines 7 – 10).)).
Regarding Claim 2, Lee discloses everything claimed as applied above (See Claim 1). In addition, Lee discloses “wherein the display layer contains a charged member, and switches display by motion or rotation of the charged member when the display drive voltage is generated” (Paragraphs [0028] – [0030] (Notice that electronic ink display layer 110 contains a charged object that switches display state by movement or rotation of the charged member when voltage is applied to upper electrode 120 and lower electrode 130.)).
Regarding Claim 3, Lee discloses everything claimed as applied above (See Claim 1). In addition, Lee discloses “wherein the display layer is an electrophoretic display layer” (Paragraph [0028], Lines 4 – 5 and Paragraph [0030], Line 1).
Regarding Claim 4, Lee discloses everything claimed as applied above (See Claim 1). In addition, Lee discloses “wherein switching between the first state and the second state is carried out by time-division” (Paragraphs [0037] – [0040] (Notice that the first state of sensing occurs in first time (Paragraphs [0038] – [0039]) that is divided from the second state of displaying that occurs at a second time different from the first time (Paragraph [0040].)).
Regarding Claim 5, Lee discloses everything claimed as applied above (See Claim 1). In addition, Lee discloses “further comprising a control unit” (Paragraph [0034], Lines 15 – 17, ‘controller’), “wherein the conductive layer includes a plurality of conductive layers, including the first conductive layer and the second conductive layer” (Figures 1 and 2 (Notice that the conductive layer 120 is comprised of plural, separate conductive layers at a same level (i.e. said one of items 120 and said another one of items 120 described with regard to Claim1 above.).), “and the control unit is configured to determine a position of the touch input in accordance with variations in capacitance of each of the plurality of conductive layers in the first state” (Paragraph [0034], Lines 15 – 18 and Paragraph [0039], Lines 1 – 8).
Regarding Claim 6, Lee discloses everything claimed as applied above (See Claim 5). In addition, Lee discloses “wherein the control unit detects the variations in the capacitance of each of the plurality of conductive layers by time-division in the first state, and, after that, operates the switch wire to switch the first state to the second state” (Paragraphs [0039] – [0040] (Notice that the first state of sensing by the controller occurs in a first time (Paragraphs [0038] – [0039]) that is divided from the second state of displaying that occurs at a second time different from the first time (Paragraph [0040].), where the conductor providing connection to conductive layers 120 is operated for receiving voltages for displaying in the second display state.))
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Lee et al. (United States Patent Application Publication US 2010/0164903 A1), hereinafter referenced as Lee(II) (Cited by the Examiner in the PTO-892 mailed July 15,2025).
Regarding Claim 7, Lee discloses everything claimed as applied above (See Claim 1). In addition, Lee discloses “wherein: each of the first conductive layer and the second conductive layer is connected to a capacitance detector that detects the capacitance” (Paragraph [0034], Lines 10 – 18 (Notice that each first conductive layer (one 120) and the second conductive layer (another one of 120) is connected to a controller acting a s capacitance detector to detect capacitance.)). However, Lee fails to explicitly disclose where “the switch wire includes a first switch wire connected to the first conductive layer, a second switch wire connected to the second conductive layer, and a third switch wire connected to the pixel electrode, and each of the first switch wire and the second switch wire is electrically extended toward the capacitance detector, and the third switch wire is extended toward a direction that is parallel to the extending direction of the first and second switch wires”.
In a similar filed of endeavor, Lee(II) teaches switch wires connected to each pixel ‘P’, where a third switch 11 is connected to a pixel electrode of P, and first switch carrying ‘It’ is connected to a first sensor of a first pixel P, and a second switch wire carrying ‘It’ is connected to another pixel of P of the total pixels provide in the array (Figure 3). Also, notice that as the array repeats for each pixel, the first switch wire carrying It for a first pixel P and the second switch wire carrying It for the another pixel P electrically extend toward controller 50 and the third switch wire 11 extends in a direction that is parallel to at least a portion of each of the first and second described switch wires (Figure 3).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “the switch wire includes a first switch wire connected to the first conductive layer, a second switch wire connected to the second conductive layer, and a third switch wire connected to the pixel electrode, and each of the first switch wire and the second switch wire is electrically extended toward the capacitance detector, and the third switch wire is extended toward a direction that is parallel to the extending direction of the first and second switch wires” because one having ordinary skill in the art would want to provided electrical connectivity to marginal entities to provide an operational display.
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims for reasoning reflected in the history of prosecution of the instant application.
Response to Applicants Amendments and Arguments
Applicants amendments and arguments filed February 11, 2026 have been fully considered.
First, the Examiner agrees that the amendment to Claim 1 overcomes the Objections to Claims 1 – 8 as set forth and made of record in the Office Action mailed February 11, 2026.
Second, the Examiner agrees that the amendments to Claim 1 have overcome the rejections of Claims 1 – 8 under 35 U.S.C. 112(a) as set forth and made of record in the Office Action mailed February 11, 2026.
Third, the Examiner agrees that the amendment to change the dependency of Claim 8 has overcome the rejection of Claim 8 under 35 U.S.C. 112(b) as set forth and made of record in the Office Action mailed February 11, 2026.
Conclusion
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 BRIAN M BUTCHER whose telephone number is (571)270-5575. The examiner can normally be reached on Monday – Friday from 6:30 AM to 3:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ke Xiao, can be reached at (571) 272 - 7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN M BUTCHER/Primary Examiner, Art Unit 2627 March 27, 2026