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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Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 1, 1, 1, 14, 2, 4, 5, 7, 11, 11, 13, 14, 16 and 16 of U.S. Patent No. 12,189,226 (hereafter, ‘226), respectively, in view of Hotelling et al. (US 2010/0194707).
Regarding claim 1, Claim 1 of ‘226 discloses a display device (line 1), comprising: a first data line electrically connected to a first thin film transistor (lines 2-3); a first pixel electrode electrically connected with the first thin film transistor (lines 4-6); a second data line electrically connected to a second thin film transistor (lines 7-8); a second pixel electrode electrically connected with the second thin film transistor (lines 9-11); a first touch sensing electrode corresponding to the first pixel electrode and insulated from the first pixel electrode (lines 12-14); a second touch sensing electrode corresponding to the second pixel electrode and insulated from the second pixel electrode (lines 15-17); a first sensing line electrically connected with the first touch sensing electrode (lines 18-19); and a second sensing line electrically connected with the second touch sensing electrode (lines 20-21), wherein the first data line overlaps with the first touch sensing electrode and the second touch sensing electrode (lines 22-24), wherein the second data line overlaps with the first touch sensing electrode and the second touch sensing electrode (lines 25-27). However, claim 1 of ‘226 does not expressly disclose wherein the first data line is arranged in same direction with the first sensing line, and the second data line is arranged in a same direction with the second sensing line.
Hotelling discloses a display device (see figures 5-6, for instance), wherein the first data line (R DATA LINE) is arranged in same direction with the first sensing line (yVcom 503 adjacent R DATA LINE), and the second data line (G DATA LINE) is arranged in a same direction with the second sensing line (yVcom 503 adjacent G DATA LINE).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the parallel arrangement of the data and touch sensing lines as Hotelling in the display device of Claim 1 of ‘226. The motivation for doing so would have been to potentially increase the image quality, brightness, etc. of the touch screen by reducing the amount of structure dedicated primarily to touch sensing that would typically overlay the display, as taught by Hotelling ([0052]).
Regarding claim 2, Claim 1 of ‘226 in view of Hotelling discloses the display device of claim 1, wherein: the first sensing line overlaps with the first touch sensing electrode and the second touch sensing electrode, and does not overlap with the second sensing line (lines 28-30).
Regarding claim 3, Claim 1 of ‘226 in view of Hotelling discloses the display device of claim 1, wherein: the first pixel electrode is electrically connected with the first thin film transistor via a first pixel electrode contact hole; and the second pixel electrode is electrically connected with the second thin film transistor (lines 3-10).
Regarding claim 4, Claim 1 of ‘226 in view of Hotelling discloses the display device of claim 1, further comprising a sensing circuit which is electrically connected with the first sensing line and the second sensing line, wherein the first sensing line and the second sensing line are configured to transmit an electrical signal to the first touch sensing electrode and the second touch sensing electrode, respectively (lines 12-21).
Regarding claim 5, Claim 14 of ‘226 in view of Hotelling discloses the display device of claim 4, wherein: the sensing circuit is configured to detect a touch from the first touch sensing electrode via the first sensing line and a touch from the second touch sensing electrode via the second sensing line (lines 1-8).
Regarding claim 6, Claim 2 of ‘226 in view of Hotelling discloses the display device of claim 1, wherein: the first sensing line is electrically connected with the first touch sensing electrode via a first common electrode contact hole; and the first common electrode contact hole overlaps with the first data line without overlapping the second data line (lines 1-6).
Regarding claim 7, Claim 4 of ‘226 in view of Hotelling discloses the display device of claim 6, further comprising an insulating layer between the first sensing line and the first touch sensing electrode, wherein the first sensing line is connected to the first touch sensing electrode via the first common electrode contact hole thorough the insulating layer (lines 1-6).
Regarding claim 8, Claim 5 of ‘226 in view of Hotelling discloses the display device of claim 6, wherein: the first sensing line has a first portion overlapping with the first common electrode contact hole and being wider than other portions of the first sensing line (lines 1-6).
Regarding claim 9, Claim 7 of ‘226 in view of Hotelling discloses the display device of claim 1, wherein: the second sensing line is electrically connected with the second touch sensing electrode via a second common electrode contact hole; and the second common electrode contact hole overlaps with the second data line without overlapping the first data line (lines 1-7).
Regarding claim 10, Claim 11 of ‘226 in view of Hotelling discloses the display device of claim 1, wherein the first pixel electrode includes a slit that overlaps with the first touch sensing electrode (lines 1-3).
Regarding claim 11, Claim 11 of ‘226 in view of Hotelling discloses the display device of claim 10, wherein the first sensing line is parallel with the slit of the first pixel electrode (lines 4-5).
Regarding claim 12, Claim 13 of ‘226 in view of Hotelling discloses the display device of claim 1, wherein: the first data line overlaps with the first sensing line; and the second data line overlaps with the second sensing line (lines 1-3).
Regarding claim 13, Claim 14 of ‘226 in view of Hotelling discloses the display device of claim 1, further comprising a plurality of touch sensing electrodes arranged in a column, the plurality of touch sensing electrodes including the first touch sensing electrode and the second touch sensing electrode, wherein each of the first sensing line and the second sensing line overlaps with the plurality of touch sensing electrodes (lines 1-8).
Regarding claim 14, Claim 16 of ‘226 in view of Hotelling discloses the display device of claim 1, wherein the first sensing line does not directly contact the second touch sensing electrode and is not electrically connected to the second touch sensing electrode in a plan view (lines 1-6).
Regarding claim 15, Claim 16 of ‘226 in view of Hotelling discloses the display device of claim 1, wherein the second sensing line overlaps with the first touch sensing electrode (lines 7-8).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL R BRIGGS whose telephone number is (571)272-8992. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
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/NATHANAEL R BRIGGS/Primary Examiner, Art Unit 2871 9/14/2026
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