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 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,197,055. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claim is directed to a display panel comprising first and second electrodes, whereas the independent claim of US 12,197,055 is directed to a display panel comprising first and second strip-shaped electrodes.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-6, 8, 11, 13-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2-6, 8, 11, 13-14 recite the limitation "the first-strip shaped electrodes" or “the second-strip shaped electrodes”. There is insufficient antecedent basis for this limitation in the claim. For this reason, the limitations are interpreted to mean “a first strip-shaped electrode” and “a second strip-shaped electrode”.
Allowable Subject Matter
Claims 16-20 are allowed.
Claims 1-15 would be allowable if the double patenting rejection were overcome and the 112(b) rejection were overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding independent claim 1, the prior art of record does not teach or suggest a display panel with a switchable viewing angle, having a dimmable area and comprising first and second substrates disposed opposite to each other, first and second electrodes insulated from one another and disposed between the substrates, wherein the first and second electrodes are disposed in the dimmable area; a liquid crystal layer disposed between the substrates in the dimmable area; wherein the display panel further comprises a peripheral area surrounding the dimmable area having first and second leads, where the first lead is electrically connected to the first electrode and the second lead is electrically connected to the second electrode; wherein the peripheral area comprises a first peripheral area for bonding a circuit board, and first and second terminals are disposed in the first peripheral area; wherein the first terminal is connected to the first lead and circuit board and the second terminal is connected to the second lead and circuit board, in combination with the remaining features recited in the claim.
The prior art of Chiu (US 2021/0271132 A1) discloses a display panel with a switchable viewing angle having a dimmable area and first and second electrodes (Chiu, Figures 1-2). Chiu fails to disclose first and second leads connected to first and second electrodes and first and second terminals connected to the first and second leads. The prior art of Kim (US 2008/0218459 A1) discloses first and second leads connected to first and second electrodes (Kim, Figures 31). However, Kim also fails to disclose the particular layout of the terminals and leads in relation the peripheral and dimmable area. The prior art of Byeon (US 2014/0184964 A1) discloses that the first and second leads are disposed in a same layer (Byeon, Figures 32-33). However, Byeon also fails to disclose that the first terminal is connected to a first lead and disposed in a same layer as an electrode that is farthest from a substrate where the first terminal is disposed; and the second terminal is connected to a second lead and disposed in a same layer as an electrode which is farthest from a substrate where the second terminal is disposed.
Therefore, Claim 1 would be allowable if the double patenting rejection were overcome. Claims 2-15 would be allowable by virtue of their dependence on claim 1 as well as if the 112(b) rejection were overcome.
Regarding Claim 16, the prior art of record does not teach or suggest a display panel with a switchable viewing angle, having a dimmable area and comprising first and second substrates disposed opposite to each other, first and second electrodes insulated from one another and disposed between the substrates, wherein the first and second electrodes are disposed in the dimmable area; a liquid crystal layer disposed between the substrates in the dimmable area; wherein the display panel further comprises a peripheral area surrounding the dimmable area having first and second leads, where the first lead is electrically connected to the first electrode and the second lead is electrically connected to the second electrode; the display panel further comprises a first resistance reduction line and a second resistance reduction line that are disposed in the peripheral area; wherein the first resistance reduction line and the first electrode are integrally disposed in a same layer, and the second resistance reduction line and the second electrode are integrally disposed in a same layer; wherein the first resistance reduction line and the second resistance reduction line are disposed in the same layer and are not connected to each other, and the first resistance reduction line at least partially overlaps with the first lead and the second resistance reduction line at least partially overlaps with the second lead.
The prior art of Chiu (US 2021/0271132 A1) discloses a display panel with a switchable viewing angle having a dimmable area and first and second electrodes (Chiu, Figures 1-2). Chiu fails to disclose first and second leads connected to first and second electrodes and first and second terminals connected to the first and second leads. The prior art of Kim (US 2008/0218459 A1) discloses first and second leads connected to first and second electrodes (Kim, Figures 31). However, Kim also fails to disclose the particular layout of the terminals and leads in relation the peripheral and dimmable area. The prior art of Byeon (US 2014/0184964 A1) discloses that the first and second leads are disposed in a same layer (Byeon, Figures 32-33). However, Byeon also fails to disclose that the first resistance reduction line and the second resistance reduction line are disposed in the same layer and are not connected to each other, and the first resistance reduction line at least partially overlaps with the first lead and the second resistance reduction line at least partially overlaps with the second lead.
Regarding Claim 19, the prior art of record does not teach or suggest a display panel with a switchable viewing angle, having a dimmable area and comprising first and second substrates disposed opposite to each other, first and second electrodes insulated from one another and disposed between the substrates, wherein the first and second electrodes are disposed in the dimmable area; a liquid crystal layer disposed between the substrates in the dimmable area; wherein the display panel further comprises a peripheral area surrounding the dimmable area having first and second leads, where the first lead is electrically connected to the first electrode and the second lead is electrically connected to the second electrode; wherein the dimmable panel further comprises a second insulation layer between the layer where the first electrode is disposed and the layer where the second electrode is disposed; the second insulation layer comprises a third via hole disposed in the peripheral area, and an orthographic projection of the third via hole on the first substrate is located in an orthographic projection of the first lead on the first substrate; and the first lead is electrically connected to the first electrode via the third via hole, and the second lead is in contact and electric connection with the second electrode.
The prior art of Chiu (US 2021/0271132 A1) discloses a display panel with a switchable viewing angle having a dimmable area and first and second electrodes (Chiu, Figures 1-2). Chiu fails to disclose first and second leads connected to first and second electrodes and first and second terminals connected to the first and second leads. The prior art of Kim (US 2008/0218459 A1) discloses first and second leads connected to first and second electrodes (Kim, Figures 31). However, Kim also fails to disclose the particular layout of the terminals and leads in relation the peripheral and dimmable area. The prior art of Byeon (US 2014/0184964 A1) discloses that the first and second leads are disposed in a same layer (Byeon, Figures 32-33). However, Byeon also fails to disclose that the dimmable panel further comprises a second insulation layer between the layer where the first electrode is disposed and the layer where the second electrode is disposed; the second insulation layer comprises a third via hole disposed in the peripheral area, and an orthographic projection of the third via hole on the first substrate is located in an orthographic projection of the first lead on the first substrate; and the first lead is electrically connected to the first electrode via the third via hole, and the second lead is in contact and electric connection with the second electrode.
Therefore Claims 16 and 19 are allowed. Claims 17-18 and 20 are allowed by virtue of their dependence on the allowed claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIAM QURESHI whose telephone number is (571)272-4434. The examiner can normally be reached 9AM-5PM EST M-F.
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/MARIAM QURESHI/Examiner, Art Unit 2871
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