DETAILED ACTIONNotice 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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-16, 18, 25-30 and 32-34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BANG et al (2022/0107707) (herein “BANG”). In regards to claim 1, BANG teaches an electronic device comprising: a sensor layer; and a sensor driver configured to drive the sensor layer (See; Fig. 4A for input driving circuit 300 and active sensing area AA consisting of sensing parts SP1 and SP2), and configured to selectively operate in a first mode to sense a touch input or in a second mode to sense a pen input (See; Fig. 2 and p[0057]), wherein the sensor layer comprises: first electrodes arranged in a first direction, and comprising first sensing patterns spaced apart in a second direction crossing the first direction, and a first bridge pattern between the first sensing patterns (See; Figs. 4A, 7, 8 and p[0107] for first sensing part SP1 having first sensing electrodes SE1 and first connection electrodes CE1 between the patterns); second electrodes arranged in the second direction, and comprising second sensing patterns spaced apart in the first direction, and a second bridge pattern between the second sensing patterns (See; Figs. 4A, 7, 8 and p[0109] for second sensing part SP2 having third sensing electrodes SE3 and bridge electrode BE between the patterns); and pen-sensing electrodes at a same layer as, and extending in an extension direction of, one of the first bridge pattern or the second bridge pattern (See; Figs. 7, 8 and p[0123]-p[0134] for auxiliary electrodes AE in the same layer as bridge electrode BE). In regards to claim 2, BANG teaches wherein the pen-sensing electrodes are at a same layer as the second bridge pattern, and wherein the pen-sensing electrodes and the second bridge pattern extend in the first direction (See; Figs. 7 and 8).
In regards to claim 3, BANG teaches wherein the pen-sensing electrodes have a bar shape extending in the first direction (See; Figs. 7 and 8).
In regards to claim 4, BANG teaches wherein an outer edge of the pen- sensing electrodes faces an outer edge of the second bridge pattern adjacent thereto (See; Figs. 7 and 8).
In regards to claim 5, BANG teaches wherein the pen-sensing electrodes alternate with the second bridge patterns in the second direction (See; Figs. 7 and 8).
In regards to claim 6, BANG teaches wherein a portion of one of the pen- sensing electrodes overlaps a portion of two of the second electrodes (See; Figs. 7 and 8).
In regards to claim 7, BANG teaches wherein a portion of two of the pen- sensing electrodes is in a sensing unit where one of the first electrodes and one of the second electrodes cross (See; Figs. 7-10).
In regards to claim 8, BANG teaches wherein the first electrodes and the second sensing patterns are at a different layer from the second bridge pattern, wherein the first sensing patterns and the first bridge pattern are integral in one of the first electrodes, and wherein the second sensing patterns and the second bridge pattern are connected through contact holes in one of the second electrodes (See; Figs. 7 and 8).
In regards to claim 9, BANG teaches wherein the pen-sensing electrodes are at a same layer as the second bridge pattern, and wherein the pen-sensing electrodes and the second bridge pattern extend in the second direction (See; Figs. 7 and 8).
In regards to claim 10, BANG teaches wherein the second sensing patterns comprise a first protrusion on one side in the first direction, and a second protrusion on an opposite side in the first direction, the first and second protrusions extending in the first direction, and wherein the second bridge pattern is connected to the second protrusion of one of the second sensing patterns and to the first protrusion of another of the second sensing patterns (See; Figs. 5A, 6A, 7 and 8).
In regards to claim 11, BANG teaches wherein the first bridge pattern comprises a first line portion configured to extend from one side of one of the first sensing patterns toward another one of the first sensing patterns adjacent thereto, a second line portion configured to extend from one side of the other of the first sensing patterns toward the one of the first sensing patterns, and a third line portion connecting the first and second line portions and extending in the first direction, wherein the second protrusion of the one of the second sensing patterns is between the other of the first sensing patterns and the third line portion, and wherein the first protrusion of the other of the second sensing patterns is between the one of the first sensing patterns and the third line portion (See; Figs. 5A, 6A, and 7-10).
In regards to claim 12, BANG teaches wherein the pen-sensing electrodes are at a same layer as the first bridge pattern, and wherein the pen-sensing electrodes and the first bridge pattern extend in the second direction (See; Figs. 7 and 8).
In regards to claim 13, BANG teaches wherein the pen-sensing electrodes have a bar shape extending in the first direction, and wherein an outer edge of the pen-sensing electrodes faces an outer edge of the second bridge pattern adjacent thereto (See; Figs. 7 and 8). In regards to claim 14, BANG teaches wherein the pen-sensing electrodes define a hole surrounding the first bridge pattern in plan view, and wherein the pen-sensing electrodes overlap the first electrodes in a one-to-one correspondence (See; Figs. 7 and 8).
In regards to claim 15, BANG teaches wherein the first sensing patterns and the second electrodes are at a different layer from the first bridge pattern, wherein the first sensing patterns and the first bridge pattern in one of the first electrodes are connected through contact holes, and wherein the second sensing patterns and the second bridge pattern are integral in one of the second electrodes (See; Figs. 7 and 8).
In regards to claim 16, BANG teaches further comprising floated dummy patterns between adjacent ones of the pen-sensing electrodes (See; Fig. 5A and p[0014] for dummy electrodes DE). In regards to claim 18, BANG teaches wherein the pen-sensing electrodes comprise: first pen-sensing electrodes arranged in the first direction, and extending in the second direction (See; Figs. 7, 8 and p[0123]-p[0134] for auxiliary electrodes AE) and second pen-sensing electrodes arranged in the second direction, and extending in the first direction (See; Figs. 4A, 7, 8 and p[0108] for second sensing electrodes SE2 or first sensing electrodes SE1).
In regards to claim 25, BANG teaches wherein the first pen-sensing electrodes comprise first divided electrodes spaced apart in the first direction, and wherein the sensor layer further comprises dummy patterns between the first divided electrodes, arranged in the first direction, and extending in the second direction (See; Figs. 5A, 6A and p[0014] for divided electrodes and dummy electrodes DE).
In regards to claim 26, BANG teaches wherein the sensor layer further comprises first type trace lines respectively connected to the second pen-sensing electrodes at a same layer as the first pen-sensing electrodes and extending to cross at least portions of the second pen-sensing electrodes in plan view while being insulated therefrom (See; Figs. 9 and 10). In regards to claim 27, BANG teaches wherein the second pen-sensing electrodes comprise second divided electrodes arranged in the second direction, and comprising a first sub-electrode and a second sub-electrode spaced apart in the first direction, and wherein the first type trace lines are connected to the first sub-electrode or the second sub-electrode of a corresponding one of the second pen-sensing electrode (See; Figs. 4A, and 9-10).
In regards to claim 28, BANG teaches wherein the second pen-sensing electrodes comprise second divided electrodes arranged in the second direction, wherein the sensor layer further comprises second type trace lines to connect first ends or second ends of the second divided electrodes in one second pen-sensing electrode, and wherein the second type trace lines comprise a first layer line at a same layer as the first pen-sensing electrodes, and a second layer line at a same layer as the second pen-sensing electrodes (See; Figs. 4A, and 9-10).
In regards to claim 29, BANG teaches wherein the first electrodes, the second electrodes, and the pen-sensing electrodes have a mesh structure defining openings (See; Figs. 5A and 6A).
In regards to claim 30, BANG teaches wherein, in the first mode, the first electrodes and the second electrodes are configured to sense capacitance, and the pen-sensing electrodes are grounded, and wherein the second mode comprises a pen-sensing driving mode in which the sensor driver is configured to receive reception signals based on induced currents flowing through the first electrodes, the second electrodes, and the pen-sensing electrodes (See; Fig. 2, p[0057] and p[0126]-p[0127] for sensing a capacitance of a user’s finger while AE is grounded and a pen sensing mode where pen sensing electrodes AE reduce noise while the sensing electrodes detect the pen 2000).
In regards to claim 32, BANG teaches an electronic device comprising: a sensor layer; and a sensor driver configured to drive the sensor layer (See; Fig. 4A for input driving circuit 300 and active sensing area AA consisting of sensing parts SP1 and SP2), wherein the sensor layer comprises: first electrodes arranged in a first direction, and comprising first sensing patterns spaced apart in a second direction crossing the first direction, and a first bridge pattern between the first sensing patterns (See; Figs. 4A, 7, 8 and p[0107] for first sensing part SP1 having first sensing electrodes SE1 and first connection electrodes CE1 between the patterns); second electrodes arranged in the second direction, and comprising second sensing patterns spaced apart in the first direction, and a second bridge pattern between the second sensing patterns (See; Figs. 4A, 7, 8 and p[0109] for second sensing part SP2 having third sensing electrodes SE3 and bridge electrode BE between the patterns); and auxiliary electrodes at a same layer as, and extending in an extension direction of, one of the first bridge pattern or the second bridge pattern such that outer edges face each other (See; Figs. 7, 8 and p[0123]-p[0134] for auxiliary electrodes AE in the same layer and outer edges facing the bridge electrode BE).
In regards to claim 33, BANG teaches wherein the first sensing patterns and the second sensing patterns are above the auxiliary electrodes (See; Figs. 7 and 8).
In regards to claim 34, BANG teaches wherein the sensor driver is configured to selectively operate in a first mode to sense a touch input, or in a second mode to sense a pen input, wherein, in the first mode, the first electrodes and the second electrodes are configured to sense capacitance, and the auxiliary electrodes are grounded, and wherein, in the second mode, the sensor driver is configured to receive reception signals based on induced currents flowing through the first electrodes, the second electrodes, and the auxiliary electrodes (See; Fig. 2, p[0057] and p[0126]-p[0127] for sensing a capacitance of a user’s finger while AE is grounded and a pen sensing mode where pen sensing electrodes AE reduce noise while the sensing electrodes detect the pen 2000).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over BANG et al (2022/0107707) (herein “BANG”) in view of Vandermeijden (2017/0075446).
In regards to claim 31, BANG fails to explicitly teach wherein the second mode further comprises a charging driving mode in which a current path defined by at least the pen- sensing electrodes is formed, and the first electrodes and the second electrodes are floated. However, Vandermeijden teaches wherein the second mode further comprises a charging driving mode in which a current path defined by at least the pen- sensing electrodes is formed, and the first electrodes and the second electrodes are floated (See; p[0056] for a charging mode where the capacitive pen is charged by floating active electrodes). Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to modify BANG to use the charging method of Vandermeijden so as to offer a convenient way to charge the stylus.
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 and 32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,321,544. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is a broader recitation of that of the U.S. Patent.
Instant Application: 19/017,325
U.S. Patent No. 12,321,544
1. An electronic device comprising:a sensor layer; and a sensor driver configured to drive the sensor layer, and configured to selectively operate in a first mode to sense a touch input or in a second mode to sense a pen input, wherein the sensor layer comprises: first electrodes arranged in a first direction, and comprising first sensing patterns spaced apart in a second direction crossing the first direction, and a first bridge pattern between the first sensing patterns; second electrodes arranged in the second direction, and comprising second sensing patterns spaced apart in the first direction, and a second bridge pattern between the second sensing patterns; and pen-sensing electrodes at a same layer as, and extending in an extension direction of, one of the first bridge pattern or the second bridge pattern.
1. An electronic device comprising: a display layer displaying an image; and a sensor layer disposed on the display layer, wherein the sensor layer includes a plurality of first sensing electrodes including a plurality of sensing patterns arranged along a first direction, and a plurality of bridge patterns electrically connecting adjacent sensing patterns of the plurality of sensing patterns, a plurality of second sensing electrodes including a plurality of sensing portions arranged along a second direction crossing the first direction, and first connection portions extending in the second direction from the plurality of sensing portions, and a pen-sensing electrode disposed on a same layer as the plurality of bridge patterns, the pen-sensing electrode is disposed on a different layer than the plurality of sensing patterns and the plurality of second sensing electrodes.
As can be shown above the instant application is a broader recitation of the U.S. patent. Claim 32 reads the same on claim 1 of the U.S. Patent.
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 17, 19-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/JONATHAN A BOYD/Primary Examiner, Art Unit 2627
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