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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/08/2025 and 03/23/2026 were considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 12,216,499. This is a statutory double patenting rejection. With respect to independent claims 1, 15, and 18 (of the present application 19/013,119), independent claims 1, 15, and 18 of prior U.S. Patent No. 12,216,499 is claiming the same invention. Although the verbiage used is not identical, the scope, that is, the claimed limitations of the invention are identical. In other words, the differences between the independent claims are in the terms used to define or further define the inventive limitations. It is noted that, the “same invention” as it relates to a statutory double patenting rejection, means that identical subject matter is being claimed. For example, claim 1,of the present application (19/013,119) claims An [electronic] (claimed as “A foldable display” in 12,216,499) device comprising: a display panel; a digitizer disposed on a surface of the display panel and comprising a base layer, a plurality of first conductive patterns disposed between the base layer and the display panel, and a plurality of second conductive patterns disposed on an opposite side to the first conductive patterns [such that the base layer is interposed between the plurality of second conductive patterns and the base layer] (claimed as “with the base layer interposed therebetween” in 12,216,449); a first adhesive member disposed between the digitizer and the display panel; and a second adhesive member disposed on an opposite side to the first adhesive member [such that the digitizer is interposed between the second adhesive member and the first adhesive member] (claimed a with the digitizer interposed therebetween and in direct contact with the digitizer in 12,216,449), wherein the digitizer further comprises a first step-covering pattern disposed in a same layer with the first conductive patterns and a second step-covering pattern disposed in a same layer with the second conductive patterns, wherein a digitizer hole penetrates through the digitizer, wherein the first adhesive member defines a first adhesive member hole penetrating through the first adhesive member and [overlaps] (claimed as “in line with” in 12,216,449) the digitizer hole in a thickness direction, and wherein the second adhesive member defines a second adhesive member hole penetrating through the second adhesive member and overlaps the digitizer hole in the thickness direction. Similar grammatical substitutions are made with respect to independent claims 15 and 18 and dependent claims 2-14, 16, 17, 19, and 20 respectfully.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA LEA-EDMONDS whose telephone number is (571)272-2043. The examiner can normally be reached M-F.
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LISA LEA-EDMONDS
Primary Examiner
Art Unit 2847
/LISA LEA-EDMONDS/Primary Examiner, Art Unit 2847 2026-07-07
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