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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-11 and 14-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12207541. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following.
Instant Application
U.S. Patent No. 12207541
Claim 1 recites;
A display panel comprising:
a substrate including a first region and a second region, which are spaced apart from each other with a penetrating portion provided therebetween; and
a display element arranged on the substrate and including a first display element overlapping the first region and a second display element overlapping the second region, wherein
a first side surface of the substrate that corresponds to an edge of the first region, and a second side surface of the substrate that corresponds to an edge of the second region, respectively define at least first portion and second portion of the penetrating portion, and
an interval between the first side surface and the second side surface closest to an upper surface of the substrate that faces the display element, is different from an interval between the first side surface and the second side surface closest to a lower surface of the substrate, the lower surface being opposite to the upper surface of the substrate.
Claim 1 recites;
A display panel comprising:
a substrate including a first region and a second region, which are spaced apart from each other with a penetrating portion provided therebetween; and
a display element arranged on the substrate and including a first display element overlapping the first region and a second display element overlapping the second region, wherein
a first side surface of the substrate that corresponds to an edge of the first region, and a second side surface of the substrate that corresponds to an edge of the second region, respectively define at least first and second portions of the penetrating portion, and
an interval between the first side surface and the second side surface closest to an upper surface of the substrate that faces the display element, is different from an interval between the first side surface and the second side surface closest to a lower surface of the substrate, the lower surface being opposite to the upper surface of the substrate and does not face the display element.
Claim 2 recites;
wherein the substrate comprises a first base layer and a first barrier layer arranged on the first base layer, and the first side surface and the second side surface respectively comprise a first inclined surface of the first base layer and a second inclined surface of the first base layer.
Claim 2 recites;
wherein the substrate comprises a first base layer and a first barrier layer arranged on the first base layer, and the first side surface and the second side surface respectively comprise a first inclined surface of the first base layer and a second inclined surface of the first base layer.
Claim 3 recites;
wherein the first base layer further comprises an upper surface of the first base layer that faces the display element, a lower surface of the first base layer and that is opposite to the upper surface of the first base layer and connected to the first inclined surface, and a first surface connected to the upper surface of the first base layer and the first inclined surface and crossing the first inclined surface and the upper surface of the first base layer.
Claim 3 recites;
wherein the first base layer further comprises an upper surface of the first base layer that faces the display element, a lower surface of the first base layer and that is opposite to the upper surface of the first base layer and connected to the first inclined surface, and a first surface connected to the upper surface of the first base layer and the first inclined surface and crossing the first inclined surface and the upper surface of the first base layer.
Claim 4 recites;
wherein the first base layer further comprises an upper surface of the first base layer that faces the display element, and a lower surface of the first base layer that is opposite to the upper surface of the first base layer and that is connected to the first inclined surface, and the first inclined surface is connected to the upper surface of the first base layer.
Claim 4 recites;
wherein the first base layer further comprises an upper surface of the first base layer that faces the display element, and a lower surface of the first base layer that is opposite to the upper surface of the first base layer and that is connected to the first inclined surface, wherein the first inclined surface is connected to the upper surface of the first base layer.
Claim 5 recites;
wherein the substrate further comprises a second base layer and second barrier layer that cover the first barrier layer, and the second base layer contacts at least a portion of the first base layer.
Claim 5 recites;
wherein the substrate further comprises a second base layer and second barrier layer that cover the first barrier layer, wherein the second base layer contacts at least a portion of the first base layer.
Claim 6 recites;
wherein the first base layer comprises a first base pattern overlapping the first region and a second base pattern overlapping the second region and spaced apart from the first base pattern, the first barrier layer comprises a first barrier pattern arranged on the first base pattern and a second barrier pattern arranged on the first base layer and spaced apart from the first barrier pattern, and a shortest distance between the first barrier pattern and the second barrier pattern is different from a shortest distance between the first base pattern and the second base pattern.
Claim 6 recites;
wherein the first base layer comprises a first base pattern overlapping the first region and a second base pattern overlapping the second region and spaced apart from the first base pattern, the first barrier layer comprises a first barrier pattern arranged on the first base pattern and a second barrier pattern arranged on the first base layer and spaced apart from the first barrier pattern, and a shortest distance between the first barrier pattern and the second barrier pattern is different from a shortest distance between the first base pattern and the second base pattern.
Claim 7 recites;
wherein a distance between the first inclined surface and the second inclined surface decreases in a direction from a lower surface of the first base layer towards an upper surface of the first base layer.
Claim 7 recites;
wherein a distance between the first inclined surface and the second inclined surface decreases in a direction from a lower surface of the first base layer towards an upper surface of the first base layer.
Claim 8 recites;
further comprising at least one inorganic layer and at least one organic layer covering the display element, wherein the at least one organic layer includes a first organic layer region and a second organic layer region separated from each other based on the penetrating portion being disposed therebetween.
Claim 8 recites;
further comprising at least one inorganic layer and at least one organic layer, wherein the at least one organic layer includes a first organic layer region and a second organic layer region separated from each other based on the penetrating portion being disposed therebetween.
Claim 9 recites;
wherein the first region comprises a first center region, a first connection region extending from the first center region in a first direction, and a second connection region extending in a second direction crossing the first direction, and one of the first connection region and the second connection region extends from the first center region to the second region.
Claim 9 recites;
wherein the first region comprises a first center region, a first connection region extending from the first center region in a first direction, and a second connection region extending in a second direction crossing the first direction, and one of the first connection region and the second connection region extends from the first center region to the second region.
Claim 10 recites;
wherein each of the first region and the second region comprises a center region and connection regions, and each center region is connected to four connection regions extending in different directions from each other.
Claim 10 recites;
wherein each of the first region and the second region comprises a center region and connection regions, and each center region is connected to four connection regions extending in different directions from each other.
Claim 11 recites;
wherein each of the four connection regions comprises at least a curved portion and a straight portion.
Claim 11 recites;
wherein each of the four connection regions comprises at least a curved portion and a straight portion.
Claim 14 recites;
A display panel comprising:
a substrate including a first region and a second region, which are spaced apart from each other with a penetrating portion provided therebetween; and
a display element arranged on an upper surface of the substrate and including a first display element overlapping the first region and a second display element overlapping the second region, wherein
a separation distance between the first region and the second region differs between the upper surface of the substrate and the lower surface of the substrate, which is opposite to the upper surface of the substrate,
each of the first region and the second region comprises a center region and connection regions, and
each center region is connected to four connection regions extending in different directions from each other.
Claim 10 incorporates all the limitations of claim 1.
Claim 1 recites;
A display panel comprising:
a substrate including a first region and a second region, which are spaced apart from each other with a penetrating portion provided therebetween; and
a display element arranged on the substrate and including a first display element overlapping the first region and a second display element overlapping the second region, wherein a first side surface of the substrate that corresponds to an edge of the first region, and a second side surface of the substrate that corresponds to an edge of the second region, respectively define at least first and second portions of the penetrating portion, and
an interval between the first side surface and the second side surface closest to an upper surface of the substrate that faces the display element, is different from an interval between the first side surface and the second side surface closest to a lower surface of the substrate, the lower surface being opposite to the upper surface of the substrate and does not face the display element.
Claim 10 recites;
wherein each of the first region and the second region comprises a center region and connection regions, and each center region is connected to four connection regions extending in different directions from each other.
Claim 15 recites;
wherein each of the four connection regions comprises at least a curved portion and a straight portion.
Claim 11 recites;
wherein each of the four connection regions comprises at least a curved portion and a straight portion.
Allowable Subject Matter
Claims 12-13 and 16-20 are objected to as being dependent upon a rejected base claim.
Rejected claims 1 and 14 of the instant application has the same scope as claims 1 and 10 of U.S. Patent No. 12207541; which was found to be novel since its limitation has not been found, taught, suggested or render obvious by the prior art of the record with a reasonable expectation of success, which it makes this claim allowable over the prior art, thus the patent was granted.
Regarding claims 12-13 and 16-20, the claims are objected to as being dependent upon a rejected base on the ground of nonstatutory double patenting, but would be allowable if the nonstatutory double patenting rejection of claims 1 and 14 is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE M. DIAZ whose telephone number is (571)272-9822. The examiner can normally be reached Monday-Friday 8:00-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James R Greece can be reached at (571) 272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSE M DIAZ/ Examiner, Art Unit 2875
/ANNE M HINES/ Primary Examiner, Art Unit 2875
Prosecution Insights