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 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).
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 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
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 1-10 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,346,515.
The present application claims the same subject matter of flexible device, which is same as the US patent 12,346,515.
For example:
19/228,734
12,346,515
1. A flexible device, comprising: a flexible substrate; a planarized layer, disposed on the flexible substrate; a touch electrode disposed on the flexible substrate; a spacer disposed on the flexible substrate; a light conversion structure disposed on the flexible substrate; and a protective cover layer, disposed on the flexible substrate, wherein the flexible substrate partially overlaps the protective cover layer, wherein in a cross section view, the protective cover layer has a first length, the flexible substrate has a second length, and the first length is less than the second length, wherein a thickness of the planarized layer is in a range from 0.5pm to 200pm, and wherein a thickness ratio of the thickness of the planarized layer to a thickness of the flexible substrate is in a range from 0.025 to 20.
1. A flexible device, comprising: a flexible substrate; a planarized layer, disposed on the flexible substrate; a touch electrode disposed on the flexible substrate; a spacer disposed on the flexible substrate; and a light conversion structure disposed on the flexible substrate, wherein a thickness of the planarized layer is in a range from 0.5 μm to 200 μm, and wherein a thickness ratio of the thickness of the planarized layer to a thickness of the flexible substrate is in a range from 0.025 to 20.
2. The flexible device according to claim 1, wherein the thickness of the flexible substrate is in a range of 1 Gum to 20um.
1. A flexible device, comprising: a flexible substrate; a planarized layer, disposed on the flexible substrate; a touch electrode disposed on the flexible substrate; a spacer disposed on the flexible substrate; and a light conversion structure disposed on the flexible substrate, wherein a thickness of the planarized layer is in a range from 0.5 μm to 200 μm, and wherein a thickness ratio of the thickness of the planarized layer to a thickness of the flexible substrate is in a range from 0.025 to 20.
3. The flexible device according to claim 1, further comprising an element layer disposed between the flexible substrate and the touch electrode.
2. The flexible device according to claim 1, further comprising an element layer disposed between the flexible substrate and the touch electrode.
4. The flexible device according to claim 3, further comprising a buffer layer disposed between the flexible substrate and the element layer.
3. The flexible device according to claim 2, further comprising a buffer layer disposed between the flexible substrate and the element layer.
5. The flexible device according to claim 3, wherein the element layer comprises a plurality of transistors.
4. The flexible device according to claim 2, wherein the element layer comprises a plurality of transistors.
6. The flexible device according to claim 1, further comprising a medium layer disposed on the flexible substrate and the medium layer comprises an organic light emitting diode.
8. The flexible device according to claim 7, wherein the medium layer comprises an organic light emitting diode.
7. The flexible device according to claim 1, further comprising a flexible circuit board and a driver chip, the flexible circuit board is disposed on the flexible substrate, and the driver chip is disposed on the flexible circuit board.
9. The flexible device according to claim 1, further comprising a flexible circuit board disposed on the flexible substrate.
10. The flexible device according to claim 9, further comprising a driver chip disposed on the flexible circuit board.
8. The flexible device according to claim 7, wherein the flexible circuit board is disposed on a non-display region of the flexible substrate exceeding the protective cover layer.
9. The flexible device according to claim 1, further comprising a flexible circuit board disposed on the flexible substrate.
9. The flexible device according to claim 1, wherein the touch electrode is disposed between the flexible substrate and the protective cover layer.
1. A flexible device, comprising: a flexible substrate; a planarized layer, disposed on the flexible substrate; a touch electrode disposed on the flexible substrate; a spacer disposed on the flexible substrate; and a light conversion structure disposed on the flexible substrate, wherein a thickness of the planarized layer is in a range from 0.5 μm to 200 μm, and wherein a thickness ratio of the thickness of the planarized layer to a thickness of the flexible substrate is in a range from 0.025 to 20.
10. The flexible device according to claim 1, wherein the light conversion structure is disposed between the flexible substrate and the protective cover layer.
1. A flexible device, comprising: a flexible substrate; a planarized layer, disposed on the flexible substrate; a touch electrode disposed on the flexible substrate; a spacer disposed on the flexible substrate; and a light conversion structure disposed on the flexible substrate, wherein a thickness of the planarized layer is in a range from 0.5 μm to 200 μm, and wherein a thickness ratio of the thickness of the planarized layer to a thickness of the flexible substrate is in a range from 0.025 to 20.
Claims 1-10 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