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 .
Election/Restrictions
Applicant’s election without traverse of Species II (figures 3-5 and 8; claims 1, 2, 15 and 16) in the reply filed on 03/13/2026 is acknowledged.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 102
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 and 15 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Yeh et al. U.S. Patent Publication No. 2020/0064702 (hereinafter Yeh).
Consider claim 15, Yeh teaches an electronic device (Figure 1, element 10), comprising: a display device for providing an image (Figure 1, element 14), and wherein the display device comprises: a base part (Figure 9, element 26) comprising a display area comprising a plurality of each having at least one switching element and a light-emitting element (Figure 3, element 44 and TD), a non-display area surrounding the display area (Figure 4, IA1), and a through hole surrounded by the display area (Figure 10, element 52); a plurality of first lines extending in a first direction on the base part and connected to the plurality of pixels (Figure 10, first data line segments 102); connection lines bypassing the through hole and extending in the display area to connect between the first lines spaced apart from one another by the through hole among the plurality of first lines (Figure 10, supplement data lines 106).
Consider claim 1, it includes the limitations of claim 15 and thus rejected by the same reasoning.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeh as applied to claims 1 and 15 above, and further in view of Choi et al. U.S. Patent Publication No. 9,853,096 (hereinafter Choi).
Consider claim 16, Yeh teaches all the limitations of claim 15. In addition, Yeh teaches supplemental data lines 106 may be formed from a layer of metal between passivation layer 72 and organic planarization layer 74 (as shown in FIG. 9) or another desired layer of metal in [0065] and figure 10.
Yeh does not appear to specifically disclose wherein the display device further comprises: a first conductive layer comprising a first anode connection electrode connected to the at least one switching element; and a second conductive layer on the first conductive layer and comprising a second anode connection electrode connecting the first anode connection electrode with the light-emitting element, wherein the first lines are in one of the first and second conductive layers, and the connection lines are in the other one of the first and second conductive layers.
However, in a related field of endeavor, Choi teaches inactive area may be enclosed by the pixels in the active area (abstract) and further teaches wherein the display device further comprises: a first conductive layer (Figure 9, 50-1) comprising a first anode connection electrode connected to the at least one switching element (Figure 9, elements 53-1 and 520); and a second conductive layer (Figure 9, 50-2) on the first conductive layer and comprising a second anode connection electrode connecting the first anode connection electrode with the light-emitting element (Figure 9, 53-2 and 42), wherein the first lines are in one of the first and second conductive layers (Figure 9, D’), and the connection lines are in the other one of the first and second conductive layers (Figure 9, D).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to provide two conductive layers as taught by Choi with the benefit that source-drain metal layer may be shorted to anode 42 of light-emitting diode 26 using a metal via structure. The metal via structure may be a metal via that includes lower via portion 53-1, which passes through a dielectric layer such as lower planarization layer 50-1, and that includes upper via portion 53-2, which passes through a dielectric layer such as upper planarization layer 50-2. Portions of the metal layer that form source-drain terminals 520 for transistor 28 may be used in forming data lines D on dielectric layer 540 under planarization layer 50-1. Portions of the metal layer that form via 53-1 may form supplemental data lines D' on planarization layer 50-1. Upper planarization layer 50-2 may overlap data lines D' and layer 50-1, SO that data lines D' are interposed between upper planarization layer 50-2 and lower planarization layer 50-1 as suggested in column 6, lines 55-67 and column 7, lines 1-8. In addition, multiple layers of data lines help to reduce the dimensions of border 90 as suggested in column 6, lines 11-13.
Consider claim 2, it includes the limitations of claim 16 and thus rejected by the same reasoning.
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 1-2, 15-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. 12,156,441. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of Patent
Claim 1 of this application
A display device comprising: a base part comprising a display area comprising a plurality of pixels each having at least one switching element and a light-emitting element including a first electrode electrically connected to the at least one switching element and an emissive layer on the first electrode,
A display device comprising: a base part comprising a display area comprising a plurality of pixels each having at least one switching element and a light-emitting element,
a non-display area surrounding the display area, a dead space area surrounded by the display area, and a through hole surrounded by the display area and the dead space area;
a non-display area surrounding the display area, and a through hole surrounded by the display area;
a plurality of first lines extending in a first direction on the base part and connected to the plurality of pixels;
a plurality of first lines extending in a first direction on the base part and connected to the plurality of pixels;
and connection lines bypassing the through hole and extending in the display area to connect between the first lines spaced apart from one another by the through hole among the plurality of first lines,
connection lines bypassing the through hole and extending in the display area to connect between the first lines spaced apart from one another by the through hole among the plurality of first lines.
wherein a connection line from among the connection lines bypassing the through hole comprises a plurality of portions on different layers, wherein the plurality of pixels and the plurality of first lines are located outside the dead space area, and wherein the dead space area further comprises a cathode cut disconnecting a cathode electrode of the light-emitting element, and a light blocking layer located on top of the cathode cut, the first electrode is not disposed in the dead space area and does not overlap the light blocking layer.
As can be seen above, besides the wording, Patent includes all the limitations of claim 1. In addition, Claim 5 of Patent include the limitations of claims 2 and 16; Claim 1 of Patent includes the limitations of claim 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERTO W FLORES whose telephone number is (571)272-5512. The examiner can normally be reached Monday-Friday, 7am-4pm, EST.
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/ROBERTO W FLORES/Primary Examiner, Art Unit 2621
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