Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. It would be of great assistance to the office if all incoming papers pertaining to a filed application carried the following items:
i. Application number (checked for accuracy, including series code and serial no.).
ii. Group art unit number (copied from most recent Office communication).
iii. Filing date.
iv. Name of the examiner who prepared the most recent Office action.
v. Title of invention.
vi. Confirmation number (See MPEP § 503).
Objection for Acronyms
3. Claims 2, 3 and 5 are objected to because of the following reason: Claims 2, 3 and 5 having acronyms without defining them first. Clams using acronyms without having defined them by using the fully spelled out from the acronyms. In this case “EL panel” is used without first written out “Electroluminescence panel”.
Double Patenting
4. The non-statutory 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 non-statutory obviousness-type 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); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
Claims 2-4 of instant application are non-provisionally rejected on the ground non-statutory obviousness-type double patenting as being unpatentable over claims 1-3 of application No. 18/387574 (Pat No. 12200983). Although the conflicting claims are not identical, they are not patentable distinct from each other because both the claims of the instant application and the claims of the co-pending application are almost the same in scope. Omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same function as before. In re KARLSON (CCPA) 136 USPQ 184 (1963).
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 a non-statutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims are not identical, however, the scope of the invention are the same.
Instant Application
Application (18387574)
Claim 2:
A light-emitting device comprising: an EL panel, the EL panel comprising:
a light-emitting element over a flexible substrate; and a transistor over the flexible substrate, a first electrode of the transistor being electrically connected to a first electrode of the light-emitting element, wherein the EL panel comprises:
a first side and a second side in a short-side direction of the EL panel; a planar region on a front surface side of the light-emitting device;
and a first curved region provided between the second side and the planar region, wherein the first curved region is provided at a first end portion in a longitudinal direction of the light-emitting device,
wherein the second side is provided on a back surface side of the EL panel,
and wherein the EL panel does not have a second curved region between the first side and the planar region.
Claim 1:
A display device comprising: an EL panel, the EL panel comprising:
a light-emitting element over a flexible substrate; and a transistor electrically connected to the light-emitting element over the flexible substrate, wherein the EL panel comprises:
a first side and a second side in a short-side direction of the display device; a planar region; and a first curved region provided between the second side and the planar region, wherein the planar region is provided in a longitudinal direction of the display device between the first curved region and the first side,
wherein the first curved region is provided at a first end portion in the longitudinal direction of the display device,
wherein the EL panel is fixed in a bent state in such a way that the second side overlaps with a back side of the EL panel,
and wherein the EL panel does not have a second curved region between the first side and the planar region.
Claim 3:
A light-emitting device comprising: a driver circuit; and an EL panel, the EL panel comprising:
a light-emitting element over a flexible substrate; and
a transistor over the flexible substrate, a first electrode of the transistor being electrically connected to a first electrode of the light-emitting element, wherein the EL panel comprises:
a first side and a second side in a short-side direction of the EL panel; a planar region on a front surface side of the light-emitting device;
and a first curved region provided between the second side and the planar region, wherein the first curved region is provided at a first end portion in a longitudinal direction of the light-emitting device,
wherein the second side is provided on a back surface side of the EL panel, wherein the EL panel does not have a second curved region between the first side and the planar region,
wherein the driver circuit is configured to drive a pixel circuit comprising the transistor, and wherein the driver circuit overlaps with the back surface side of the EL panel.
Claim 2:
A display device comprising: a driver circuit; and an EL panel, the EL panel comprising: a light-emitting element over a flexible substrate;
and a transistor electrically connected to the light-emitting element over the flexible substrate, wherein the EL panel comprises:
a first side and a second side in a short-side direction of the display device; a planar region; and a first curved region provided between the second side and the planar region,
wherein the planar region is provided in a longitudinal direction of the display device between the first curved region and the first side, wherein the first curved region is provided at a first end portion in the longitudinal direction of the display device,
wherein the EL panel is fixed in a bent state in such a way that the second side overlaps with a back side of the EL panel, wherein the EL panel does not have a second curved region between the first side and the planar region,
wherein the driver circuit is electrically connected to the transistor, and wherein the driver circuit overlaps with the back side of the EL panel.
REASONS FOR ALLOWANCE
5. Claims 5-10 are allowed over the prior art of record.
The following is an examiner’s statement of reasons for allowance: Interpreting the claims in light of the specification and based on applicant’s argument, claims has been found allowable because the prior art of record, does not teach, suggest or disclose “a first side and a second side in a short-side direction of the EL panel; a planar region on a front surface side of the light-emitting device; and a first curved region provided between the second side and the planar region, wherein the transistor comprises: a first semiconductor film over a first film containing silicon oxide, the first film being provided over the flexible substrate; a gate insulating film over the first semiconductor film; a gate electrode over the gate insulating film; a first insulating film over the gate electrode; a second insulating film over the first insulating film; and a first electrode and a second electrode over the second insulating film, wherein the first electrode is in contact with a top surface of the first semiconductor film, wherein the first curved region is provided at a first end portion in a longitudinal direction of the light-emitting device, wherein the second side is provided on a back surface side of the EL panel, and wherein the EL panel does not have a second curved region between the first side and the planar region” in combination with the rest of the limitations of the claim.
The prior art of the record, Shai (US 2011/0227822) discloses a flexible display having a curve formed in sheet 102. Said input may correspond to the bending of the sheet on any section of the sheet, or to the forming of said curve in the sheet. Input correspond to the direction of the bending or direction of the curve. Device 100 display a page of an "e-book" on frond side 102a of sheet 102, whereas bending the upper right corner of sheet 102 towards back side 102b may be for displaying the following subsequent page in said "e-book", while curving the upper right corner of sheet 102 towards front side 102a (as shown in FIG. 1A) may be for displaying the previous page in said "e-book". Accordingly, a user can flip between pages by curving the upper right corner of the sheet forward or backward, whereas a curving backward may correspond to viewing a subsequent page and whereas curving forward may correspond to viewing a previous page.
Another Prior art Nozawa (US 7443380) discloses a display apparatus includes a display which displays information on a display screen, a housing body which surrounds the display, and a detector installed in the housing body which detects a bend position and direction of the housing body being bent along with the display. In addition, a controller changes the information to be displayed on the display screen, according to the bend position and direction detected by the detector.
Another Prior art Nakayama (US 2010/0065845) discloses an organic electroluminescent display device comprising: an organic electroluminescent element comprising an organic layer comprising a luminescent layer disposed between a pixel electrode and an upper electrode; and a drive TFT that supplies an electric current to the organic electroluminescent element. The drive TFT comprises a substrate, a gate electrode, a gate insulation film, an active layer, a source electrode and a drain electrode, and wherein: an resistive layer is provided between the active layer and at least one of the source electrode and the drain electrode.
However, the prior art of the record does not disclose each and every aspect of the above claim. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
6. Claims 2-4 will also be allowed when double patenting rejection overcomes. Claims will be allowable for the same reason as above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MD K TALUKDER whose telephone number is (571)270-3222. The examiner can normally be reached Mon-Thur from 10 am to 6 pm.
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/MD K TALUKDER/Primary Examiner, Art Unit 2648
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