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 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 nonstatutory 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).
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The patent claims include all of the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”).
Claims 1-16 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,336,383.
The present application claims the same subject matter of display panel and display device comprising the same, which is same as the US patent 12,336,383.
For example:
19/215,003
12,336,383
1. A display device comprising: a light-emitting element on a substrate, the light-emitting element comprising an anode electrode, at least one light-emitting stack on the anode electrode, and a cathode electrode on the at least one light-emitting stack; a bank on the substrate, the bank exposing the anode electrode of the light-emitting element; an encapsulation unit on the light-emitting element and the bank, the encapsulation unit including at least one inorganic encapsulation layer and at least one organic encapsulation layer; a touch sensor on the encapsulation unit; and a black layer on the touch sensor, the black layer overlapping the bank.
1. A display device comprising: a light-emitting element on a substrate; an encapsulation unit on the light-emitting element, the encapsulation unit including at least one inorganic encapsulation layer and at least one organic encapsulation layer; a touch sensor on the encapsulation unit; and a black layer on the touch sensor, the black layer located in a non-emission area that excludes an emission area in which the light-emitting element is disposed.
9. The display device according to claim 4, further comprising: a bank in the non-emission area, the bank exposing an anode electrode of the light-emitting element, wherein the black layer overlaps the bank.
2. The display device according to claim 1, wherein the black layer is on a second area adjacent to a first area in which the anode electrode exposed from the bank is disposed.
9. The display device according to claim 4, further comprising: a bank in the non-emission area, the bank exposing an anode electrode of the light-emitting element, wherein the black layer overlaps the bank.
3. The display device according to claim 2, wherein the bank includes a light-blocking material.
9. The display device according to claim 4, further comprising: a bank in the non-emission area, the bank exposing an anode electrode of the light-emitting element, wherein the black layer overlaps the bank.
4. The display device according to claim 2, wherein the black layer overlaps the touch sensor.
2. The display device according to claim 1, wherein the black layer overlaps the touch sensor.
5. The display device according to claim 4, wherein the touch sensor comprises: first touch electrodes arranged in a first direction, the first touch electrodes connected to each other via a first bridge; and second touch electrodes arranged in a second direction that is different from the first direction, the second touch electrodes connected to each other via a second bridge, wherein the first touch electrodes and the second touch electrodes include metal lines that form a mesh shape.
4. The display device according to claim 2, wherein the touch sensor comprises: first touch electrodes arranged in a first direction, the first touch electrodes connected to each other via a first bridge; and second touch electrodes arranged in a second direction that is different from the first direction, the second touch electrodes connected to each other via a second bridge, wherein the first touch electrodes and the second touch electrodes are in a mesh shape.
6. The display device according to claim 5, wherein the black layer overlaps the metal lines.
2. The display device according to claim 1, wherein the black layer overlaps the touch sensor.
7. The display device according to claim 6, wherein the black layer has opening areas and the opening areas overlap the first area.
7. The display device according to claim 6, wherein the mesh-shaped black layer has opening areas, and the opening areas overlap the emission area.
8. The display device according to claim 5, wherein the first touch electrodes and the second touch electrodes have opening areas, respectively, and wherein the opening areas of the first touch electrodes and the opening areas of the second touch electrodes overlap the first area.
8. The display device according to claim 4, wherein the mesh-shaped first touch electrodes and the mesh shaped second touch electrodes have opening areas, respectively, and wherein the opening areas of the first touch electrodes and the opening areas of the second touch electrodes overlap the emission area.
9. The display device according to claim 5, wherein the first bridge and the second bridge overlap the second area.
10. The display device according to claim 9, wherein the first bridge and the second bridge overlap the bank.
10. The display device according to claim 9, wherein the first bridge is on a same layer as the first touch electrodes and the second touch electrodes, and the second bridge is on a different layer from the first bridge.
4. The display device according to claim 2, wherein the touch sensor comprises:first touch electrodes arranged in a first direction, the first touch electrodes connected to each other via a first bridge; and second touch electrodes arranged in a second direction that is different from the first direction, the second touch electrodes connected to each other via a second bridge, wherein the first touch electrodes and the second touch electrodes are in a mesh shape.
11. The display device according to claim 1, further comprising: a color filter located above the at least one light- emitting stack.
9. The display device according to claim 4, further comprising: a bank in the non-emission area, the bank exposing an anode electrode of the light-emitting element, wherein the black layer overlaps the bank.
12. The display device according to claim 1, further comprising: a touch passivation film between the touch sensor and the black layer.
11. The display device according to claim 4, further comprising: a touch passivation film between the touch sensor and the black layer.
13. The display device according to claim 12, wherein the touch passivation film comprises an inorganic material.
12. The display device according to claim 11, wherein the touch passivation film comprises an inorganic material.
14. The display device according to claim 13, wherein the inorganic material includes a silicon oxide layer or a silicon nitride layer.
13. The display device according to claim 12, wherein the inorganic material includes a silicon oxide layer or a silicon nitride layer.
15. The display device according to claim 1, wherein the black layer includes at least one of black nanoparticles, a binder, or a sensitive emulsion.
3. The display device according to claim 2, wherein the black layer includes at least one of black nanoparticles, a binder, or a sensitive emulsion.
16. The display device according to claim 15, wherein the black nanoparticles include at least one of carbon-black-based black nanoparticles, metal-oxide-based black nanoparticles, or organic-based black nanoparticles.
3. The display device according to claim 2, wherein the black layer includes at least one of black nanoparticles, a binder, or a sensitive emulsion.
Claims 1-16 are allowable over the prior art of record. The rejection(s) under the obvious double patenting rejection, set forth in this Office action, would need to be overcome.
Conclusion
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INSA . SADIO
Primary Examiner
Art Unit 2628
/INSA SADIO/Primary Examiner, Art Unit 2628