DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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, 9-11 and 13-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 5-9 of U.S. Patent No. 12,093,490. Although the claims at issue are not identical, they are not patentably distinct from each other because they each recite substantially similar claim language.
Present claim 1 and claim 1 of patent 12,093,490 are compared below:
Present claim 1
Claim 1 of 12,093,490
An electrically conductive micropattern patterned to define a mesh in a viewing area of the micropattern and a second trace in a non-viewing area of the micropattern electrically connected to the mesh,
the mesh patterned to define a plurality of first traces having a first width and defining a plurality of enclosed open areas, at least a portion of the second trace having a second width greater than the first width,
the second trace electrically connected to a larger metal feature disposed in the non-viewing area, wherein the first traces, the second trace, and the metal feature include a same metal at approximately a same thickness,
and wherein the mesh is further patterned to define one or more third traces disposed to increase an optical uniformity of the viewing area of the micropattern.
An electrically conductive micropattern patterned to define a mesh in a viewing area of the micropattern and a plurality of second traces in a non-viewing area of the micropattern,
the mesh patterned to define a plurality of electrically conductive mesh electrodes, each of the mesh electrodes comprising a plurality of first traces having a first width and intersecting one another to define a plurality of enclosed open areas,
the mesh electrode electrically connected to a corresponding second trace in the plurality of second traces, the second trace electrically connected to an electrically conductive pad for making electrical contact with an electronic device, at least a portion of the second trace having a second width greater than the first width, wherein for each of the mesh electrodes, the first traces and the corresponding second trace and the electrically conductive pad include a same metal at approximately a same thickness,
and wherein the mesh is further patterned to define one or more third traces electrically isolated from any electrode defined by the micropattern.
Present claim 2 is substantially similar to claim 9 of patent 12,093,490 and is similarly rejected.
Present claim 10 is substantially similar to claim 1 of patent 12,093,490 and is similarly rejected.
and is similarly rejected.
Present claim 11 is substantially similar to claim 3 of patent 12,093,490 and is similarly rejected.
and is similarly rejected.
Present claim 13 is substantially similar to claim 8 of patent 12,093,490 and is similarly rejected.
and is similarly rejected.
Present claim 14 is substantially similar to claim 9 of patent 12,093,490 and is similarly rejected.
and is similarly rejected.
Present claim 15 is substantially similar to claim 5 of patent 12,093,490 and is similarly rejected.
and is similarly rejected.
Present claim 16 is substantially similar to claim 6 of patent 12,093,490 and is similarly rejected.
and is similarly rejected.
Present claim 17 is substantially similar to claim 7 of patent 12,093,490 and is similarly rejected.
and is similarly rejected.
Allowable Subject Matter
Claims 2-8 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.
Regarding claims 2-8, the prior art does not teach micropatterns for touch detection on a digital screen with the specific sizing and arrangements recited in claims 2-8.
Regarding claim 12, the prior art does not teach “…wherein for at least one of the mesh electrodes, the one or more third traces comprises at least one trace disposed in an enclosed open area of the plurality of enclosed open areas in an interior of the mesh electrode.”
Conclusion
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/ANDREW SASINOWSKI/Primary Examiner, Art Unit 2625