Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Status
2. The continuation application filed on June 25, 2025, has been received and made of record. There are 1-10 claims in the application of which claim 1 is independent claim. Therefore, claims 1-10 are pending for consideration.
Information Disclosure Statement
3. The information disclosure statement(IDS) submitted was filed along with the mailing date of the continuation application on June 25, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
4. 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-isclaimer.
5. Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of US Patent No. US 12,373,053 B2 in view of RHE et al.(US 2019/0339818 A1) (herein after RHE).
Comparison of claims 1-10 of the current application and claims 1-21 of the US published Patent No. US 12,373,053 B2 is given below: -
19/249,229
US 12,373,053 B2
Claim 1: A touch display device, comprising:
a transistor over a substrate;
a planarization layer disposed over the transistor;
a light-emitting diode disposed over the planarization layer;
an encapsulation layer disposed over the light-emitting diode;
a first insulating layer disposed over the encapsulation layer;
a plurality of touch electrode with an opening area disposed over the first insulating layer;
[a second insulating layer disposed over the plurality of touch electrode];
a color filter [disposed over the second insulating layer;
wherein, the first insulating layer and the color filter are disposed in the opening area].
Claim 6: The touch display device of claim 1, further comprising: first and second touch routing lines, which are respectively disposed on the outer sides of first and second touch electrodes in the same row among the plurality of touch electrodes.
Claim 7: The touch display device of claim 1, further comprising: at least one dummy electrode disposed on a same layer as the plurality of touch electrode, wherein the at least one dummy electrode is positioned between a first portion and a second portion of one of the plurality of touch electrode.
Claim 10: The touch display device of claim 1, wherein the plurality of touch electrodes has a mesh structure.
Claim 1: A touch display device, comprising:
a substrate;
a transistor over the substrate; a planarization layer disposed over the transistor;
a light-emitting diode disposed over the planarization layer, and including an anode electrode, a cathode electrode, and an emitting layer between the anode electrode and the cathode electrode;
an encapsulation layer covering the light-emitting diode;
a plurality of X-touch electrode lines with mesh structure disposed over the encapsulation layer, and each divided into a first portion in a first region of an active area and a second portion in a second region of the active area being adjacent to the first region in a first direction, each of the first and the second portions of the plurality of X-touch electrode lines includes a plurality of X-touch electrodes being adjacent to each other in the first direction and being electrically connected to each other; a plurality of Y-touch electrode lines with mesh structure including a plurality of first Y-touch electrodes disposed over the encapsulation layer in the first region and a plurality of second Y-touch electrodes disposed over the encapsulation layer in the second region, each of the first and the second plurality of Y-touch electrode lines includes a plurality of Y-touch electrodes being adjacent to each other in a second direction and being electrically connected to each other; a plurality of transmission lines connected to the plurality of X-touch electrode lines, two of the plurality of transmission lines being connected to both ends of each of the plurality of X-touch electrode lines; a plurality of receiving lines connected to the plurality of Y-touch electrode lines, one of the plurality of receiving lines being connected to one of both ends of each of the plurality of Y-touch electrode lines; a plurality of transmission pads including a plurality of first transmission pads connected to the plurality of first transmission lines, respectively, and a plurality of second transmission pads connected to the plurality of second transmission lines; a plurality of receiving pads connected to the plurality of receiving lines, and disposed between the plurality of first transmission pads and the plurality of second transmission pads; and at least one dummy electrode with mesh structure disposed on the same layer as the plurality of X-touch electrode lines and the plurality of Y-touch electrode lines over the encapsulation layer, the dummy electrode being positioned between the first portion and the second portion of one of the plurality of X-touch electrode lines, wherein a divided point between the first portion and the second portion of a first X-touch electrode line of the plurality of X-touch electrode lines is different from a divided point between the first portion and the second portion of a second X-touch electrode line of the plurality of X-touch electrode lines, such that a region between the first portion and the second portion of the first X-touch electrode line and a region between the first portion and the second portion of the second X-touch electrode line are not disposed in one straight line.
Claim 10: The touch display device of claim 1, further comprises: a touch buffer film disposed over the encapsulation layer, wherein the plurality of X-touch electrode lines and the plurality of Y-touch electrode lines are disposed over the touch buffer film.
Nevertheless, claim of US published patent No. US 12,373,053 B2, does not recite the limitations, “touch display device, comprising: a second insulating layer disposed over the plurality of touch electrode; a color filter disposed over the second insulating layer; wherein, the first insulating layer and the color filter are disposed in the opening area”.
However, RHE teaches a touch display device, comprising:
a first insulating layer(T-BUF, fig.9, Para-132) disposed over the encapsulation layer(ENCAP, fig.9, Para-124);
a plurality of touch electrodes(X-TEL, Y-TEL, figs.8-9) with an opening area(figs.8-10) disposed over the first insulating layer(T-BUF),
a second insulating layer(touch protection film PAC, fig.9, Para-151; overcoat layer OC, fig.10, Para-159) disposed over the plurality of touch electrode(X-TEL, Y-TEL);
a color filter(color filters CF, fig.10, Para-159) disposed over the second insulating layer(OC);
wherein, the first insulating layer(T-BUF) and the color filter(CF) are disposed in the opening area(fig.9).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified the claim of the US published patent No. US 12,373,053 B2 with the teaching of RHE to include the feature in order to provide a touch display device including touch sensing structure that enables a simple manufacturing process, a high manufacturing yield, and a low manufacturing cost and capable of reducing the number of touch pads.
Regarding claim 2, US patent No. US 12,373,053 B2 as modified by RHE teaches the touch display device of claim 1, where the second insulating layer is an overcoat layer(overcoat layer OC, fig.10, Para-159, RHE).
Regarding claim 3, US patent No. US 12,373,053 B2 as modified by RHE teaches the touch display device of claim 1, further comprising:
a touch protective film(PAC, fig.9, Para-159, RHE) disposed over the plurality of touch electrode(X-TEL, Y-TEL, figs.8-9, RHE),
wherein the touch protective film is a different layer from the second insulating layer(Para-159, RHE: The overcoat layer (OC) may, or may not, be the same layer as the touch protection film(PAC) shown in fig.9).
Regarding claim 4, US patent No. US 12,373,053 B2 as modified by RHE teaches the touch display device of claim 3, wherein the first insulating layer(T-BUF, figs.9-11, RHE)has an opening (OA, figs.10-11, RHE) that exposes a touch pad(Y-TP, fig.9, Para-168, RHE), wherein a touch routing line is connected to the touch pad exposed by the opening(Para-142, 143, RHE).
Claim 5 corresponds to part of claim 12 of US patent No. US 12,373,053 B2;
Claim 8 corresponds to part of claim 8 of US patent No. US 12,373,053 B2; and
Claim 9 corresponds to part of claim 9 of US patent No. US 12,373,053 B2;
Claim Rejections - 35 USC § 102
6. 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.
7. Claims 1-6 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RHE et al.(US 2019/0339818 A1) (herein after RHE).
However, RHE teaches a touch display device(touch display device, fig.1, Para-36), comprising:
a transistor(first transistor T1, fig.9, Para-119) over a substrate(SUB, figs.3&9, Para-72, 129);
a planarization layer(planarization layer PLN, fig.9, Para-121) disposed over the transistor(T1);
a light-emitting diode(light emitting device ED, fig.9, Para-121) disposed over the planarization layer(PLN);
an encapsulation layer(encapsulation layer ENCAP, fig.9, Para-123) disposed over the light-emitting diode(ED);
a first insulating layer(T-BUF, fig.9, Para-132) disposed over the encapsulation layer(ENCAP, fig.9, Para-124);
a plurality of touch electrodes(X-TEL, Y-TEL, figs.8-10; Para-134) with an opening area(figs.8-10) disposed over the first insulating layer(T-BUF),
a second insulating layer(touch protection film PAC, fig.9, Para-151; overcoat layer OC, fig.10, Para-159) disposed over the plurality of touch electrode(X-TEL, Y-TEL);
a color filter(color filters CF, fig.10, Para-159) disposed over the second insulating layer(OC);
wherein, the first insulating layer(T-BUF) and the color filter(CF) are disposed in the opening area(fig.10).
Regarding claim 2, RHE teaches the touch display device of claim 1, where the second insulating layer is an overcoat layer(overcoat layer OC, fig.10, Para-159).
Regarding claim 3, RHE teaches the touch display device of claim 1, further comprising:
a touch protective film(PAC, fig.9, Para-159) disposed over the plurality of touch electrode(X-TEL, Y-TEL, figs.8-9),
wherein the touch protective film is a different layer from the second insulating layer(Para-159: The overcoat layer (OC) may, or may not, be the same layer as the touch protection film (PAC) shown in fig.9).
Regarding claim 4, RHE teaches the touch display device of claim 3, wherein the first insulating layer(T-BUF, figs.9-11) has an opening(OA, figs.10-11) that exposes a touch pad(Y-TP, fig.9, Para-168), wherein a touch routing line is connected to the touch pad exposed by the opening(Para-107, 142-143, 147).
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Fig.9, Prior art fig.9, Current Application
Regarding claim 5, RHE teaches the touch display device of claim 4, further comprising: a dam(DAM, fig.9) disposed between the touch pad(Y-TP, fig.9) and an edge of the touch protective film(fig.9).
Regarding claim 6, RHE teaches the touch display device of claim 1, further comprising: first and second touch routing lines(X-TL-1 to X-TL-6, X-TL-7 to X-TL-12, fig.18), which are respectively disposed on the outer sides of first and second touch electrodes in the same row among the plurality of touch electrodes(fig.18, Para-210).
Regarding claim 10, RHE teaches the touch display device of claim 1, wherein the plurality of touch electrodes has a mesh structure(Para-157).
Claim Rejections - 35 USC § 103
8. 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.
9. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
10. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
11. Claim 7 is rejected under 35 are rejected under 35 U.S.C. 103 as being unpatentable over RHE et al.(US 2019/0339818 A1) (herein after RHE) and further in view of KU(US 2021/030 3121 A1).
Regarding claim 7, RHE teaches the touch display device of claim 1, further comprising: at least one dummy electrode disposed on a same layer as the plurality of touch electrode (Para-95) but fails to teach expressly wherein the at least one dummy electrode is positioned between a first portion and a second portion of one of the plurality of touch electrode.
However, KU teaches a display device, further comprising: at least one dummy electrode(dummy patterns DME, fig.4, Para-102) disposed on the same layer(Para-130) as the plurality of touch electrode(driving electrodes TE or sensing electrodes RE), wherein the at least one dummy electrode(dummy patterns DME, fig.4, Para-102) being positioned between the first portion(DA1 or DA2) and the second portion(DA2 or DA1) of one of the plurality of touch electrode(driving electrodes TE or sensing electrodes RE).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified RHE with the teaching of KU to include the feature in order to provide a folding touch sensing display device capable of preventing interference between a plurality of driving electrodes and a plurality of sensing electrodes arranged in a foldable area and improving touch sensitivity.
12. Claim 9 is rejected under 35 are rejected under 35 U.S.C. 103 as being unpatentable over RHE et al.(US 2019/0339818 A1) in view of SOHN(US 2016/0103526 A1).
Regarding claim 9, RHE teaches the touch display device of claim 1, further comprising: at least one dummy electrode disposed on a same layer as the plurality of touch electrode (Para-95) but fails to disclose expressly wherein the at least one dummy electrode includes at least one dummy protrusion, and the at least one dummy protrusion faces at least one electrode protrusion included in one of the plurality of touch electrode.
However, SOHN teaches a touch window, wherein the at least one dummy electrode(dummy pattern 410, fig.3, Para-39) includes at least one dummy protrusion(figs.3&6), and the at least one dummy protrusion(fig.3) faces at least one electrode protrusion included in one of the plurality of touch electrode(electrode patterns 201 and 202, fig.1&3).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to have modified RHE with the teaching of SOHN to include the feature in order to improve visibility of the touch window.
Allowable Subject Matter
13. Claim 8 would be allowable if rewritten to overcome the rejections under nonstatutory double patenting rejection, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
14. The following is a statement of reasons for the indication of allowable subject matter:
Claim 8: None of the cited prior arts, on record, taken alone or in combination, fails to provide reasonable motivation to fairly teach or suggest the applicant’s claimed invention, “the touch display device of claim 1, wherein in a divided point between a first portion and a second portion of a first touch electrode of the plurality of touch electrode is different from a divided point between a first portion and a second portion of a second touch electrode of the plurality of touch electrode, and a region between the first portion and the second portion of the first touch electrode and a region between the first portion and the second portion of the second touch electrode are not disposed in one straight line”.
Examiner Note
15. The Examiner cites particular figures, paragraphs, columns and line numbers in the references, as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicants fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the references or as disclosed by the Examiner.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MD SAIFUL A SIDDIQUI whose telephone number is (571)270-1530. The examiner can normally be reached Mon-Fri: 9:00AM - 5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Temesghen Ghebretinsae, can be reached on (571)272-3017. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MD SAIFUL A SIDDIQUI/Primary Examiner, Art Unit 2626