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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of co-pending U.S. Patent No. 12,373,073. Although the claims at issue are not identical, they are not patentably distinct from each other because the current application refers to break rate which is essentially the same was the change in width as recited in the co-pending 12,373,073.
Current application
Co-pending 12,373,073
1. A touch display panel, comprising:
a display panel, the display panel including an anode layer; and
a touch panel disposed on a side of the display panel;
the touch panel including a touch structure layer; the touch structure layer including a plurality of touch lines, and the plurality of touch lines defining a plurality of touch meshes;
wherein the touch display panel comprises a first region and a second region;
at least a part of touch lines in the plurality of touch lines are provided with breaks therein;
a break rate of the first region is less than a break rate of the second region;
a break rate is a ratio of a number of touch lines with breaks in multiple touch lines in a region to a number of all touch lines in the region; and reflectivity of the first region is equal to reflectivity of the second region; and
a reflectivity is a ratio of light, which is in an incident light from a side of the touch structure layer and irradiated onto the anode layer through the plurality of touch lines, and is further reflected back to the touch structure layer by the anode layer, to the incident light.
1. A touch display panel, comprising:
a display panel, the display panel including an anode layer; and
a touch panel disposed on a side of the display panel;
the touch panel including a touch structure layer; the touch structure layer including a plurality of touch lines, and the plurality of touch lines defining a plurality of touch meshes;
wherein the touch display panel comprises a first region and a second region;
the plurality of touch lines includes a plurality of first touch lines located in the first region and a plurality of second touch lines located in the second region;
a line width of at least one first touch line in the plurality of first touch lines is smaller than a line width of at least one second touch line in the plurality of second touch lines; and
reflectivity of the first region is equal to reflectivity of the second region; and
a reflectivity is a ratio of light, which is in an incident light from a side of the touch structure layer and irradiated onto the anode layer through the plurality of touch lines, and is further reflected back to the touch structure layer by the anode layer, to the incident light.
2. The touch display panel according to claim 1, wherein the touch display panel further comprises a third region; the plurality of touch lines further include a plurality of third touch lines located in the third region; a line width of at least one third touch line in the plurality of third touch lines is larger than the line width of the at least one second touch line in the plurality of second touch lines; and reflectivity of the third region is equal to the reflectivity of the first region and the reflectivity of the second region.
3. The touch display panel according to claim 2, wherein at least a part of touch lines in the plurality of touch lines are provided with breaks therein; a break rate of the first region is less than a break rate of the second region, and the break rate of the second region is less than a break rate of the third region; and a break rate is a ratio of a number of touch lines with breaks in multiple touch lines in a region to a number of all touch lines in the region.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art Bo (US Pub: 2022/0147186 A1) is cited to teach a variable touch electrode design in figure 1-4 embodiment. The prior art Xu et al. (US 10,809,845 B2) is cited to teach a constant reflective touch electrode design with symmetric electrode design in figure 3-7 embodiments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CALVIN C. MA whose telephone number is (571)270-1713. The examiner can normally be reached 8:00AM-5:00PM.
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/CALVIN C MA/Primary Examiner, Art Unit 2629 February 7, 2026