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 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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Claims 1-3 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 22-23, respectively, of U.S. Patent No. 12,347,366. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims recite substantially similar claim language to that of patent 12,347,366.
The claims are compared below:
Present claim 1
Claim 1 of patent 12,347,366
A display device, comprising: a plurality of first pixels in a first area of a display panel that each includes:
a first light-emitting element disposed in a first optical area;
a second light-emitting element disposed in a second optical area;
a first optical member in the first optical area, the first optical member configured to emit light from the first light-emitting element at a first viewing angle;
and a second optical member disposed in the second optical area;
a plurality of second pixels in a second area of a display panel that each includes:
a third light-emitting element in a third optical area;
a fourth light-emitting element in a fourth optical area;
a third optical member in the third optical area;
and a fourth optical member in the fourth optical area, the fourth optical member configured to emit light from the fourth light-emitting element at a second viewing angle less than the first viewing angle.
A display device, comprising: a display panel having a first area comprising a plurality of first pixels, and a second area disposed adjacent to the first area and comprising a plurality of second pixels;
and a brightness controller configured to control brightness of the first area,
wherein the plurality of first pixels each comprises: a first light-emitting element disposed in a first optical area;
a second light-emitting element disposed in a second optical area;
a first optical member disposed in the first optical area and configured to emit light, which is generated from the first light-emitting element, at a first viewing angle;
and a second optical member disposed in the second optical area and configured to emit light, which is generated from the second light-emitting element, at the first viewing angle, wherein the plurality of second pixels each comprises:
a third light-emitting element disposed in a third optical area;
a fourth light-emitting element disposed in a fourth optical area;
a third optical member disposed in the third optical area and configured to emit light, which is generated from the third light-emitting element, at the first viewing angle;
and a fourth optical member disposed in the fourth optical area and configured to emit light, which is generated from the fourth light-emitting element, at a second viewing angle smaller than the first viewing angle, and wherein the brightness controller controls brightness of the second optical area included in each of the plurality of first pixels disposed in the first area.
Claims 2-3 and 19-20 recite near identical claim language to that of claims 2-3 and 22-23, respectively, of patent 12,347,366 and are therefore similarly rejected.
Allowable Subject Matter
Claims 4-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 4-18 each depend upon parent claim 1 and include claim language that is patently distinct from that found in patent 12,347,366.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Inamoto [2020/00380900], Funabiki [2019/0392740], Uchida [2019/0191131] and Saisho [2019/0061529].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW SASINOWSKI whose telephone number is (571)270-5883. The examiner can normally be reached 7am - 4pm, Mon.-Fri. EST.
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/ANDREW SASINOWSKI/Primary Examiner, Art Unit 2625