DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 1 is pending.
Title
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: FLEXIBLE DISPLAY PANEL HAVING FLEXIBLE ENCAPSULATION MEMBER AND DISPLAY APPARATUS INCLUDING THE FLEXIBLE DISPLAY PANEL.
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).
Present Application
Pat. No. 12,306,670
1. A display apparatus comprising:
a flexible substrate;
a display region comprising a light-emitting device and disposed on the flexible substrate;
a first non-display region bent with respect to the display region;
a second non-display region bent with respect to the display region, the second non-display region facing the first non-display region;
a third non-display region comprising a first portion being bent with respect to the display region and a second portion being bent with respect to the first portion, the third non-display region being disposed between the first non-display region and the second non-display region;
a fourth non-display region disposed on an opposite side of the display region from the third non-display region, an area of the third non-display region being larger than an area of the fourth non-display region;
a flexible encapsulation member disposed on the display region and the first to fourth non-display regions;
a touch region disposed on the flexible encapsulation member; and
touch wirings disposed outside the touch region and on the first non-display region, the second non-display region, and the third non-display region.
1. A display apparatus comprising:
a flexible substrate;
a display region comprising a light-emitting device and disposed on the flexible substrate;
a first non-display region bent with respect to the display region;
a second non-display region bent with respect to the display region, the second non-display region facing the first non-display region;
a third non-display region comprising a first portion being bent with respect to the display region and a second portion being bent with respect to the first portion, the third non-display region being disposed between the first non-display region and the second non-display region;
a fourth non-display region disposed on an opposite side of the display region from the third non-display region, an area of the third non-display region being larger than an area of the fourth non-display region;
a flexible encapsulation member disposed on the display region and the first to fourth non-display regions;
a touch region disposed on the flexible encapsulation member; and
touch wirings disposed outside the touch region and on the first non-display region, the second non-display region, and the third non-display region.
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.
Double Patenting
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 time-wise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the claims at issue 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).
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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of Patent No. 11,803,210, Although the claims at issue are not identical, they are not patentably distinct from each other because:
Present Application
Pat. No. 11,803,210
1. A display apparatus comprising:
a flexible substrate;
a display region comprising a light-emitting device and disposed on the flexible substrate;
a first non-display region bent with respect to the display region;
a second non-display region bent with respect to the display region, the second non-display region facing the first non-display region;
a third non-display region comprising a first portion being bent with respect to the display region and a second portion being bent with respect to the first portion, the third non-display region being disposed between the first non-display region and the second non-display region;
a fourth non-display region
disposed on an opposite side of the display region from the third non-display region, an area of the third non-display region being larger than an area of the fourth non-display region;
a flexible encapsulation member disposed on the display region and the first to fourth non-display regions;
a touch region disposed on the flexible encapsulation member; and
touch wirings disposed outside the touch region and on the first non-display region, the second non-display region, and the third non-display region.
1. A display apparatus comprising:
a flexible substrate;
a display region comprising a light-emitting device and disposed on the flexible substrate;
a first non-display region bent with respect to the display region;
a second non-display region bent with respect to the display region, the second non-display region facing the first non-display region;
a third non-display region comprising a first portion being bent with respect to the display region and a second portion being bent with respect to the first portion, the third non-display region being disposed between the first non-display region and the second non-display region;
a fourth non-display region unbent with respect to the display region,
the fourth non-display region being on an opposite side of the display region from third non-display region, an area of the third non-display region being larger than an area of the fourth non-display region;
a flexible encapsulation member disposed on the display region and the first to fourth non-display regions;
a touch region disposed on the flexible encapsulation member; and
touch wirings disposed outside the touch region and on the first non-display region, the second non-display region, and the third non-display region; and
a pad unit on the second portion of the third on-display region.
It is clear that all the elements of the application claim 1 is to be found in patent claim 1 (as the application claim 1 fully encompasses patent claim 1). The difference between the application claim 1 lies in the fact that the patent claim includes more elements and is thus more specific. Thus, the invention of claim 1 of the patent is in effect a “species” of the “generic” invention of the application claim 1. It has been held that the generic invention is “anticipated” by the “species”. See in re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claim 1 is anticipated by claim 1 of the patent, it is not patentably distinct from claims 1-20 of the patent.
Conclusion
The prior arts made of record and not relied upon are considered pertinent to applicant’s disclosure: Yamazaki et al. (US 2015/0053959 A1) teach the concept that “the second display region is curved, and the first display region and the second display region are substantially flat” (Abs.); and Hatano et al. (US 2010/0123160 A1) teaches the concept of a bent display region (e.g., FIG. 25).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD J HONG whose telephone number is (571) 270-7765. The examiner can normally be reached on 9:00 AM to 6:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LunYi Lao can be reached on (571) 272-7671. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jan. 23, 2026
/RICHARD J HONG/Primary Examiner, Art Unit 2621
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