DETAILED ACTION
Claims 1-8 filed May 27th 2025 are pending in the current 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.
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Claim 1-8 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12, 13, and 16 of U.S. Patent No.12,326,999. Although the claims at issue are not identical, they are not patentably distinct from each other because the current claims are broader than the claims in the ‘999 patent.
Current application
US Patent 12,326,999
1. A display device, comprising: a display panel; and a touch sensing panel disposed on the display panel, and including a first sensing area corresponding to an area in which an optical sensor is disposed, and a second sensing area distinct from the first sensing area, wherein the touch sensing panel comprises: a first mesh pattern disposed in the first sensing area and having a first density; and a second mesh pattern disposed in the second sensing area and having a second density greater than the first density.
12. A display device, comprising: an optical sensor; a display panel disposed on the optical sensor; and a touch sensing panel disposed on the display panel, and including a first sensing area corresponding to an area in which the optical sensor is disposed, and a second sensing area distinct from the first sensing area, wherein the touch sensing panel comprises a plurality of conductive patterns disposed in the first sensing area and the second sensing area, and wherein a first distance between the conductive patterns adjacent to each other in the first sensing area is greater than a second distance between the conductive patterns adjacent to each other in the second sensing area, wherein the conductive patterns comprise: a plurality of first conductive patterns disposed in the first and second sensing areas and extending in the first direction; and a plurality of second conductive patterns disposed in the first and second sensing areas and extending in the second direction, wherein a third distance between the first conductive patterns disposed in the first sensing area is greater than a fourth distance between the first conductive patterns disposed in the second sensing area.
16. The display device according to claim 12, wherein a first mesh pattern having first opening areas is formed by the first conductive patterns and the second conductive patterns in the first sensing area, wherein a second mesh pattern having second opening areas is formed by the first conductive patterns and the second conductive patterns in the second sensing area, and wherein a density of the first mesh pattern is less than a density of the second mesh pattern.
2. The display device according to claim 1, wherein the first mesh pattern comprises: a plurality of first conductive patterns extending in a first direction and disposed along a second direction intersecting with the first direction; and a plurality of second conductive patterns extending in the second direction and disposed along the first direction.
See claim 12 above
3. The display device according to claim 2, wherein the second mesh pattern comprises: a plurality of third conductive patterns extending in the first direction and disposed along the second direction; and a plurality of fourth conductive patterns extending in the second direction and disposed along the first direction.
See claim 12 above
4. The display device according to claim 3, wherein each of a plurality of first opening areas formed by the first and second conductive patterns has a surface area greater than each of a plurality of second opening areas formed by the third and fourth conductive patterns.
See claim 12 above
5. The display device according to claim 3, wherein a first distance between the first conductive patterns adjacent to each other is greater than a second distance between the third conductive patterns adjacent to each other.
See claim 12 above
6. The display device according to claim 3, wherein a third distance between the second conductive patterns adjacent to each other is greater than a fourth distance between the fourth conductive patterns adjacent to each other.
See claim 12 above
7. The display device according to claim 1, wherein the first mesh pattern has a thickness less than that of the second mesh pattern.
13. The display device according to claim 12, wherein a first thickness of the conductive patterns disposed in the first sensing area is less than a second thickness of the conductive patterns disposed in the second sensing area.
8. An electronic device, comprising: a display device; and an optical sensor, wherein the display device comprises: a display panel disposed on the optical sensor; and a touch sensing panel disposed on the display panel, and including a first sensing area corresponding to an area in which the optical sensor is disposed, and a second sensing area distinct from the first sensing area, and wherein the touch sensing panel comprises: a first mesh pattern disposed in the first sensing area and having a first density; and a second mesh pattern disposed in the second sensing area and having a second density greater than the first density.
12. A display device, comprising: an optical sensor; a display panel disposed on the optical sensor; and a touch sensing panel disposed on the display panel, and including a first sensing area corresponding to an area in which the optical sensor is disposed, and a second sensing area distinct from the first sensing area, wherein the touch sensing panel comprises a plurality of conductive patterns disposed in the first sensing area and the second sensing area, and wherein a first distance between the conductive patterns adjacent to each other in the first sensing area is greater than a second distance between the conductive patterns adjacent to each other in the second sensing area, wherein the conductive patterns comprise: a plurality of first conductive patterns disposed in the first and second sensing areas and extending in the first direction; and a plurality of second conductive patterns disposed in the first and second sensing areas and extending in the second direction, wherein a third distance between the first conductive patterns disposed in the first sensing area is greater than a fourth distance between the first conductive patterns disposed in the second sensing area.
16. The display device according to claim 12, wherein a first mesh pattern having first opening areas is formed by the first conductive patterns and the second conductive patterns in the first sensing area, wherein a second mesh pattern having second opening areas is formed by the first conductive patterns and the second conductive patterns in the second sensing area, and wherein a density of the first mesh pattern is less than a density of the second mesh pattern.
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) 1-6, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han et al. (US2023/0205373).
Consider claim 1, where Han discloses a display device, (See Han’s abstract) comprising: a display panel; (See Han ¶2) and a touch sensing panel disposed on the display panel, (See Han ¶2) and including a first sensing area corresponding to an area in which an optical sensor is disposed, and a second sensing area distinct from the first sensing area, (See Han Fig. 8 (replicated below) and ¶190-192 where the optical electronic device 11 can receive light transmitted through the transmission area TA1 in the first sub-display area OA1 and perform a corresponding function (e.g., sensing an image sensing). wherein the touch sensing panel comprises: a first mesh pattern disposed in the first sensing area and having a first density; (See Han Fig. 8 and ¶221-229 the first touch sensor lines TSL1 and the second touch sensor lines TSL2 of every two or every three in the second sub-display area NA does not match the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1. Therefore, the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1 are arranged at a lower density than a density in which the first touch sensor lines TSL1) and a second mesh pattern disposed in the second sensing area and having a second density greater than the first density. (See Han Fig. 8 and ¶231 where referring to FIG. 8, touch sensor lines are arranged at a lower density in the first sub-display area OA1.)
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Consider claim 2, where Han discloses the display device according to claim 1, wherein the first mesh pattern comprises: a plurality of first conductive patterns extending in a first direction and disposed along a second direction intersecting with the first direction; and a plurality of second conductive patterns extending in the second direction and disposed along the first direction. (See Han Fig. 8 and ¶221-229 a touch panel TP corresponding to a display area DA has a net form in which a grid is formed by first touch sensor lines TSL1 arranged to be spaced a first distance from each other and second touch sensor lines TSL2 arranged to be spaced the first distance from each other while crossing the first touch sensor lines TSL1 (TSL1 and TSL2 are shown in FIG. 12A).)
Consider claim 3, where Han discloses the display device according to claim 2, wherein the second mesh pattern comprises: a plurality of third conductive patterns extending in the first direction and disposed along the second direction; and a plurality of fourth conductive patterns extending in the second direction and disposed along the first direction. (See Han Fig. 8 and ¶221-229 a touch panel TP corresponding to a display area DA has a net form in which a grid is formed by first touch sensor lines TSL1 arranged to be spaced a first distance from each other and second touch sensor lines TSL2 arranged to be spaced the first distance from each other while crossing the first touch sensor lines TSL1 (TSL1 and TSL2 are shown in FIG. 12A). the first touch sensor lines TSL1 and the second touch sensor lines TSL2 of every two or every three in the second sub-display area NA does not match the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1.)
Consider claim 4, where Han discloses the display device according to claim 3, wherein each of a plurality of first opening areas formed by the first and second conductive patterns has a surface area greater than each of a plurality of second opening areas formed by the third and fourth conductive patterns. (See Han Fig. 8 and ¶221-229 where the first touch sensor lines TSL1 and the second touch sensor lines TSL2 of every two or every three in the second sub-display area NA does not match the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1. Therefore, the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1 are arranged at a lower density than a density in which the first touch sensor lines TSL1. Thus, the open areas formed by TSL1 and TSL2 are larger in OA1 than they are elsewhere in the touch panel)
Consider claim 5, where Han discloses the display device according to claim 3, wherein a first distance between the first conductive patterns adjacent to each other is greater than a second distance between the third conductive patterns adjacent to each other. (See Han Fig. 8 and ¶221-229 where the first touch sensor lines TSL1 and the second touch sensor lines TSL2 of every two or every three in the second sub-display area NA does not match the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1. Therefore, the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1 are arranged at a lower density than a density in which the first touch sensor lines TSL1. Thus, the spacing between TSL1 in OA1 is greater than the space between TSL1 elsewhere. )
Consider claim 6, where Han discloses the display device according to claim 3, wherein a third distance between the second conductive patterns adjacent to each other is greater than a fourth distance between the fourth conductive patterns adjacent to each other. (See Han Fig. 8 and ¶221-229 where the first touch sensor lines TSL1 and the second touch sensor lines TSL2 of every two or every three in the second sub-display area NA does not match the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1. Therefore, the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1 are arranged at a lower density than a density in which the first touch sensor lines TSL1. Thus, the spacing between TSL2 in OA1 is greater than the space between TSL2 elsewhere. )
Consider claim 8, where Han discloses an electronic device, comprising: a display device; (See Han ¶2) and an optical sensor, wherein the display device comprises: a display panel disposed on the optical sensor; (See Han Fig. 8 (replicated above) and ¶190-192 where the optical electronic device 11 can receive light transmitted through the transmission area TA1 in the first sub-display area OA1 and perform a corresponding function (e.g., sensing an image sensing).) and a touch sensing panel disposed on the display panel, and including a first sensing area corresponding to an area in which the optical sensor is disposed, and a second sensing area distinct from the first sensing area, (See Han Fig. 8 and ¶221-229 the first touch sensor lines TSL1 and the second touch sensor lines TSL2 of every two or every three in the second sub-display area NA does not match the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1. Therefore, the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1 are arranged at a lower density than a density in which the first touch sensor lines TSL1) and wherein the touch sensing panel comprises: a first mesh pattern disposed in the first sensing area and having a first density; and a second mesh pattern disposed in the second sensing area and having a second density greater than the first density. (See Han Fig. 8 and ¶221-229 the first touch sensor lines TSL1 and the second touch sensor lines TSL2 of every two or every three in the second sub-display area NA does not match the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1. Therefore, the first touch sensor lines TSL1 and the second touch sensor lines TSL2 in the first sub-display area OA1 are arranged at a lower density than a density in which the first touch sensor lines TSL1. The touch sensor lines are arranged at a lower density in the first sub-display area OA1)
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han as applied to claim 1 above, in further view of Chen et al. (US2015/0009427)
Consider claim 7, where Han discloses the display device according to claim 1, however, they do not explicitly teach wherein the first mesh pattern has a thickness less than that of the second mesh pattern. However, in an analogous field of endeavor Chen teaches wherein the first mesh pattern has a thickness less than that of the second mesh pattern. (See Chen ¶59-62 where the visibility of the first mesh patterns P1 and the second mesh patterns P2 to human eyes along the side-view direction may also be reduced by adjusting the thickness DO1 of each of the first optical mesh patterns O1 and the thickness DO2 of each of the second optical mesh patterns O2.) Therefore, it would have been obvious for one of ordinary skill in the art to further increase transmission of the transmissive area TA1 of Han by using other known methods of reducing visibility such as reducing the thickness as taught by Chen. One of ordinary skill in the art would have been motivated to perform the modification for the advantage of/ benefit of using other known methods of increasing transmission in an area where mesh electrodes are located to yield predictable results.
Conclusion
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WILLIAM LU
Primary Examiner
Art Unit 2624
/WILLIAM LU/Primary Examiner, Art Unit 2624