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
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 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim of U.S. Patent No. 12,169,338 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-18 of U.S. Patent No. 12,169,338 B2 anticipate claims 1-20 of the application.
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.
Claim(s) 1, 9-11 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gan (US 2018/0299734 A1).
Re claims 1 and 11, Gan discloses a device comprising: a backlight source and a display panel, the backlight source is connected to the display panel and configured to provide a backlight for the display panel (paragraph 0002), wherein the display comprises: a plurality of data signal lines (40) configured to provide pixel voltages; a plurality of shared signal lines (50) configured to provide shared voltage signals (paragraph 0024); and a plurality of sub-pixels (14, 23), each of the sub-pixels comprising a first pixel electrode (14) and a second pixel electrode (23), wherein each of the sub-pixels further comprises a first liquid crystal capacitor (Clc_m), a first storage capacitor (Cst_m), a second liquid crystal capacitor (CLC_s) and a second storage capacitor (Cst_s), wherein first terminals of the first liquid crystal capacitor and the first storage capacitor are connected and coupled to the first pixel electrode (Fig. 2, ref. Clc_m, Cst_m), and second terminals of the first liquid crystal capacitor and the first storage capacitor are respectively connected to a first common electrode (CFcom) and a second common electrode (Acom) (Fig. 2, ref. C_com, A_com); and wherein first terminals of the second liquid crystal capacitor and the second storage capacitor are connected and coupled to the second pixel electrode (Fig. 2, ref. Clc_s, Cst_s), and second terminals of the second liquid crystal capacitor and the second storage capacitor are respectively connected to the first CFcom and the second Acom (Fig. 2, ref. C_com, A_com).
Re claims 9 and 19, Gan discloses a device wherein each of the first pixel electrode (14) and the second pixel electrode (23) is distributed axially symmetrically along one of the shared signal lines (50).
Re claims 10 and 20, Gan discloses the device wherein the display panel further comprises a driving module (TFT_s, TFT_m), and the shared signal lines (50) are electrically connected to the driving module to transmit the shared voltage signals (Fig. 2, ref. A_com, C_com).
Allowable Subject Matter
Claims 2-8 and 12-18 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD H KIM whose telephone number is (571)272-2294. The examiner can normally be reached M-F, 10 am-6:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Caley can be reached at 571-272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD H KIM/ Primary Examiner, Art Unit 2871
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