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 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No 12,232,262. Although the claims at issue are not identical, they are not patentably distinct from each other because differences between the two sets of claims are only minor variations in scope that are not seen to involve any inventive step when the abilities of persons of ordinary skill are taken into full consideration.
Instant claim 1 recites: A display device comprising: a display panel including a display surface, a mounting portion extending along with the display surface, and a plurality of first pads disposed at intervals on the mounting portion in a first direction; a plate-like circuit board; a first flexible wiring board having a first end portion mounted on the plurality of first pads and a second end portion opposite to the first end portion and connected to the circuit board; a first IC chip mounted on the mounting portion and electrically connected to the first flexible wiring board; a first wire that is a data line connecting the first IC chip with the first flexible wiring board; a second wire that is a power supply line connecting the first IC chip with the first flexible wiring board; and a third wire that is a data line connecting the first IC chip with the first flexible wiring board, wherein a first center of the first flexible wiring board in the first direction is closer to a third center of the panel in the first direction than a second center of the first IC chip in the first direction, and the second wire is located between the first wire and the third wire in plan view, the second wire is shorter than the first wire, and the second wire is shorter than the third wire .
Patent claim 1 recites: A display device comprising: a display panel including a curved display surface, a mounting portion curved along with a curved surface shape of the display surface, and a plurality of first pads disposed at intervals on the mounting portion in a first direction; a plate-like circuit board; a first flexible wiring board having a first end portion mounted on the plurality of first pads and a second end portion opposite to the first end portion and connected to the circuit board; a first IC chip mounted on the mounting portion and electrically connected to the first flexible wiring board; a first wire that is a data line connecting the first IC chip with the first flexible wiring board; a second wire that is a power supply line connecting the first IC chip with the first flexible wiring board; and a third wire that is a data line connecting the first IC chip with the first flexible wiring board, wherein a first center of the first flexible wiring board in the first direction is closer to a third center of the panel in the first direction than a second center of the first IC chip in the first direction, and the second wire is located between the first wire and the third wire in plan view, the second wire is shorter than the first wire, and the second wire is shorter than the third wire.
The removal of curved display surface design considerations is not considered to involve any inventive step because the flat surface is the well known configuration of prior art display systems, with persons of ordinary skill able to simplify a curved design into a display with an un-curved surface.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN W JACKSON whose telephone number is (571)272-2051. The examiner can normally be reached M-F 6:30-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Lewis can be reached at 571-272-1838. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SWJackson
July 10, 2026
/STEPHEN W JACKSON/Primary Examiner, Art Unit 2838
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