DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
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Claim 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent Nos. US 9568788 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because 788’s claims recite a display unit comprising: a display panel that extends in a first direction, the display panel having a rear surface and front surface; and a first circuit board overlapping the display panel and extending in the first direction, the first circuit board being positioned on the rear surface of the display panel, wherein a thermal expansion coefficient of the display panel is smaller than that of the first circuit board, and wherein the first circuit board has a curvature smaller than a curvature of the display panel [see patented claim 1: “1. A display unit comprising: a first plate-like member including a display device; a second plate-like member including a drive circuit, the drive circuit configured to control the display device; and one or two or more wiring sections having flexibility, the wiring sections configured to connect the first plate-like member and the second plate-like member to each other, wherein a curvature of the second plate-like member is larger than 0 and equal to or smaller than a curvature of the first plate-like member.”]
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 10281779 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because 779’s claims recite a display unit comprising: a display panel that extends in a first direction, the display panel having a rear surface and front surface; and a first circuit board overlapping the display panel and extending in the first direction, the first circuit board being positioned on the rear surface of the display panel, wherein a thermal expansion coefficient of the display panel is smaller than that of the first circuit board, and wherein the first circuit board has a curvature smaller than a curvature of the display panel [see patented claim 1: 1. A display unit comprising: a first plate-like member including a display device; a second plate-like member including a drive circuit, the drive circuit configured to control the display device; and two or more wiring sections having flexibility, each of the wiring sections coupling the first plate-like member and the second plate-like member to each other, wherein a curvature of the first plate-like member is larger than 0 and the curvature of the first plate-like member is larger than a curvature of the second plate-like member, wherein both the first plate-like member and the second plate-like member are curved in the same direction.”]
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 12189245 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because 245’s claims a display unit comprising: a display panel that extends in a first direction, the display panel having a rear surface and front surface; and a first circuit board overlapping the display panel and extending in the first direction, the first circuit board being positioned on the rear surface of the display panel, wherein a thermal expansion coefficient of the display panel is smaller than that of the first circuit board, and wherein the first circuit board has a curvature smaller than a curvature of the display panel [see patented claim 1: “1. A display unit comprising: a first plate-like member including a display device that extends in a first direction, the first plate-like member having a rear surface and front surface; and a second plate-like member overlapping the first plate-like member and extending in the first direction, the second plate-like member being positioned on the rear surface of the first plate-like member, wherein a thermal expansion coefficient of the first plate-like member is smaller than that of the second plate-like member, and wherein the first and second plate-like members are curved in a second direction and curvatures of the first and second plate-like members differ.”]
Per claim 3, 788, 779, and 245 claim the display unit according to claim 2, but lacks comprising holders that connect the first circuit board to the display panel. However, official notice is taken that it was a matter of routine skill in the art to incorporate holders that connect the first circuit board to the display panel to simplify manufacturing. Therefore, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art.
Per claim 4, 788, 779, and 245 claim the display unit according to claim 2, wherein the first circuit board comprising circuitry for control of display device included in the display panel [see claim 1 of 788, 779, and 245].
Per claim 5, 788, 779, and 245 claim the display unit according to claim 2, wherein a curvature of the front surface of the display panel is greater than a curvature of a front surface of the first circuit board [see claim 1 of 788, 779, and 245].
Per claim 6, 788, 779, and 245 claim the display unit according to claim 2, comprising a second circuit board overlapping the display panel and extending in the first direction of the display panel, wherein the first circuit board and the second circuit board having a gap therebetween in the first direction, and wherein the second circuit board is curved in the second direction and curvatures of the first and second circuit boards differ [see patented claims 1, 1, and 5 of 788, 779, and 245, respectively].
Per claim 7, 788, 779, and 245 claim the display unit according to claim 4, but lack a second circuit board having second circuitry for control of the display device, the second circuit board overlapping the display panel and extending in the first direction of the display panel, wherein the first circuit board and the second circuit board having a gap therebetween in the first direction, and wherein the second circuit board is curved in the second direction and curvatures of the first and second circuit boards differ. However, official notice is taken that it would have been a matter of routine skill in the art to incorporate a second circuit board having second circuitry for control of the display device, the second circuit board overlapping the display panel and extending in the first direction of the display panel, wherein the first circuit board and the second circuit board having a gap therebetween in the first direction, and wherein the second circuit board is curved in the second direction and curvatures of the first and second circuit boards differ to simplify manufacturing. Therefore, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art.
Per claim 8, 788, 779, and 245 claim the display unit according to claim 6, wherein a curvature of the front surface of the display panel is greater than curvatures of front surfaces of the first and second circuit boards [see patented claims 2, 2, and 1 of 788, 779, and 245, respectively].
Per claim 9, 788, 779, and 245 claim the display unit according to claim 7, wherein a curvature of the front surface of the display panel is greater than curvatures of front surfaces of the first and second circuit boards [see patented claims 2, 2, and 1 of 788, 779, and 245, respectively].
Per claim 10, 788, 779, and 245 claim the display unit according to claim 6, wherein the thermal expansion coefficient of the display panel is smaller than that of the first circuit board [see patented claims 2, 2, and 1 of 788, 779, and 245, respectively].
Per claim 11, 788 and 245 claim the display unit according to claim 7, wherein the thermal expansion coefficient of the display panel is smaller than that of the second circuit board [see patented claims 7 and 9 of 788 and 245, respectively].
Per claims 12 and 13, 788, 779, and 245 claim the display unit according to claim 9, but lack holders that connect the first and second circuit boards to the display panel. However, official notice is taken that it was a matter of routine skill in the art to incorporate holders that connect the first circuit board to the display panel to simplify manufacturing. Therefore, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art.
Per claims 14-16, 788, 779, and 245 claim the display unit according to claim 2, further comprising a flexible section coupling the display panel and the first circuit board to each other [see patented claims 1, 1, and 13 of 788, 779, and 245, respectively].
Per claim 17, 788, 779, and 245 claim the display unit according to claim 16, wherein the wiring sections each include an Integrated Circuit (IC) chip [see patented claims 8, 4, and 16 of 788, 779, and 245, respectively].
Per claim 18, 788, 779, and 245 claim the display unit according to claim 17, wherein the IC chip on each of the wiring sections is in contact with a heat dissipation member [see patented claims 9, 10, and 17 of 788, 779, and 245, respectively].
Per claim 19-21, 788, 779, and 245 claim the display unit according to claim 2, but lack the display panel comprises at least one glass substrate, two glass substrates that seal liquid crystal material therebetween, and the display panel is an organic EL display panel. However, official notice is taken that it was a matter of routine skill in the art to incorporate the display panel comprises at least one glass substrate, two glass substrates that seal liquid crystal material therebetween, and the display panel is an organic EL display panel to simplify manufacturing. Therefore, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A DUDEK whose telephone number is (571)272-2290. The examiner can normally be reached Monday-Thursday 6:30-4:30 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth can be reached at 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A DUDEK/Primary Examiner, Art Unit 2871
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