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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Inventorship
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.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2016/0378224 by Kwon et al. (“Kwon”) in view of U.S. Pub. No. 2018/0307368 by Koide (“Koide”).
As to claim 1, Kwon discloses an electronic device (Kwon, flexible display device DD, Figure 1A) comprising:
a display panel (Kwon, display panel DP, Figure 2A) receiving an input image data and an input control signal from a main processor (Kwon, The display panel DP may generate the image IM (see to FIG. 1A) corresponding to image data input thereto. ¶ [0095])(Kwon, the flexible display device DD according to the present exemplary embodiment may be applied to a large-sized electronic item, such as a television set, a monitor, etc., and a small and medium-sized electronic item, such as a mobile phone, a tablet, a car navigation unit, a game unit, a smart watch, etc. ¶ [0091]); Kwon teaches the flexible display device DD as one of the cited devices all of which include a processor to control the display.
a touch panel (Kwon, touch screen TS, Figure 2A) provided on one surface of the display panel (Kwon, The touch screen TS may be disposed on a base surface provided by the display panel DP. Figure 2A, ¶ [0096]),
wherein the touch panel includes:
a base substrate (Kwon, base substrate SUB, Figure 6A);
a plurality of touch electrodes (Kwon, The first touch electrodes TE1-1, TE1-2, TE1-3, and TE1-4 may extend in the first direction DR1 and are be arranged in the second direction DR2. Figure 24A, ¶ [0217]) disposed on the base substrate (Kwon, The touch screen TS may be disposed on a base surface provided by the display panel DP. Figure 2A, ¶ [0096]); and
a plurality of connection wires (Kwon, first touch signal lines SL1-1, SL1-2, SL1-3, and SL1-4, Figure 24A) disposed on the base substrate, each of the plurality of connection wires connecting each of the plurality of touch electrodes to a touch panel driver (Kwon, The first touch electrodes TE1-1, TE1-2, TE1-3, and TE1-4 may receive detecting signals to drive the touch screen. Figure 24A, ¶ [0217]),
wherein each of the plurality of touch electrodes includes a plurality of first conductive patterns (Kwon, The first touch electrodes TE1-1, TE1-2, TE1-3, and TE1-4 may receive detecting signals to drive the touch screen. Figure 24A, ¶ [0217]), and
Kwon does not expressly teach
each of the plurality of connection wires includes a plurality of second conductive patterns, and
wherein a first group of the plurality of second conductive patterns in the first connection wire is in contact with each other, and a second group of the plurality of second conductive patterns in the second connection wire is separated from each other.
Koide teaches a display and touch input device wherein
each of the plurality of connection wires includes a plurality of second conductive patterns (Koide, drive signal lines TSpL1-TSpL4, Figure 18), and
wherein a first group of the plurality of second conductive patterns in the first connection wire is in contact with each other, and a second group of the plurality of second conductive patterns in the second connection wire is separated from each other. As shown in figure 18 of Koide, the drive signal lines TSpL1-TSpL4 are each a single line (first group) and then are divided into four separate lines (second group) before the switch circuit group SWG.
The combination of Kwon and Koide teaches the first touch signal lines, of Kwon, replaced with the drive signal lines, of Koide, to supply the touch electrodes.
At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Kwon’s touch signal lines to include Koide’s drive signal lines because such a modification is the result of simple substitution of one known element for another producing a predictable result. More specifically, Kwon’s touch signal lines and Koide’s drive signal lines perform the same general and predictable function, the predictable function being providing touch drive signals lines to provide signals to the touch electrodes in a display device. Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself – that is in the substitution of Kwon’s touch signal lines by replacing it with Koide’s drive signal lines. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Thus, Kwon, as modified by Koide, teaches the two groups of conductive drive lines which a group is connected together and another group which is separated.
As to claim 2, Kwon, as modified by Koide, teaches the electronic device wherein the plurality of first conductive patterns in each of the plurality of touch electrodes is in contact with each other (Kwon, The first touch electrodes TE1-1, TE1-2, TE1-3, and TE1-4 may extend in the first direction DR1 and are be arranged in the second direction DR2. Figure 24A, ¶ [0217]). As shown in figure 24A of Kwon, the touch electrodes are connected to each electrode in the column.
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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,386,471 in view of U.S. Pub. No. 2016/0378224 by Kwon et al. (“Kwon”) and U.S. Pub. No. 2018/0307368 by Koide (“Koide”).
Instant application (Claim 1)
Parent Patent No. 12,386,471 (Claim 1)
An electronic device comprising:
A touch panel comprising:
a display panel receiving an input image data and an input control signal from a main processor; and
a touch panel provided on one surface of the display panel,
wherein the touch panel includes:
a base substrate;
a base substrate;
a plurality of touch electrodes disposed on the base substrate; and
a plurality of touch electrodes disposed on the base substrate; and
a plurality of connection wires disposed on the base substrate, each of the plurality of connection wires connecting each of the plurality of touch electrodes to a touch panel driver,
a plurality of connection wires disposed on the base substrate, each of the plurality of connection wires connecting each of the plurality of touch electrodes to a touch panel driver,
wherein each of the plurality of touch electrodes includes a plurality of first conductive patterns, and each of the plurality of connection wires includes a plurality of second conductive patterns, and
wherein each of the plurality of touch electrodes includes a plurality of first conductive patterns, and each of the plurality of connection wires includes a plurality of second conductive patterns, and
wherein a first group of the plurality of second conductive patterns in the first connection wire is in contact with each other, and a second group of the plurality of second conductive patterns in the second connection wire is separated from each other.
The parent patent does not expressly recite
a display panel receiving an input image data and an input control signal from a main processor; and
a touch panel provided on one surface of the display panel,
wherein a first group of the plurality of second conductive patterns in the first connection wire is in contact with each other, and a second group of the plurality of second conductive patterns in the second connection wire is separated from each other.
Kwon teaches a display panel (Kwon, display panel DP, Figure 2A) receiving an input image data and an input control signal from a main processor (Kwon, The display panel DP may generate the image IM (see to FIG. 1A) corresponding to image data input thereto. ¶ [0095])(Kwon, the flexible display device DD according to the present exemplary embodiment may be applied to a large-sized electronic item, such as a television set, a monitor, etc., and a small and medium-sized electronic item, such as a mobile phone, a tablet, a car navigation unit, a game unit, a smart watch, etc. ¶ [0091]); Kwon teaches the flexible display device DD as one of the cited devices all of which include a processor to control the display.
a touch panel (Kwon, touch screen TS, Figure 2A) provided on one surface of the display panel (Kwon, The touch screen TS may be disposed on a base surface provided by the display panel DP. Figure 2A, ¶ [0096]),
At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the parent patent’s touch panel device to include Kwon’s display and touch panel device because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, parent patent’s touch panel device as modified by Kwon’s display and touch panel device is known to yield a predictable result of providing a display with a touch screen since this permits the user to see what they are touching and selecting. Thus, a person of ordinary skill would have appreciated including in parent patent’s touch panel device the ability to do Kwon’s display and touch panel device since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Thus, the parent patent and Kwon teaches the display and touch panel stack.
However, the parent patent and Kwon still do not expressly teach
wherein a first group of the plurality of second conductive patterns in the first connection wire is in contact with each other, and a second group of the plurality of second conductive patterns in the second connection wire is separated from each other.
Koide teaches a display and touch input device wherein
wherein a first group of the plurality of second conductive patterns in the first connection wire is in contact with each other, and a second group of the plurality of second conductive patterns in the second connection wire is separated from each other. As shown in figure 18 of Koide, the drive signal lines TSpL1-TSpL4 are each a single line (first group) and then are divided into four separate lines (second group) before the switch circuit group SWG.
The combination of the parent patent, Kwon, and Koide teaches the first touch signal lines, of the parent patent, replaced with the drive signal lines, of Koide, to supply the touch electrodes.
At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the parent patent’s touch signal lines to include Koide’s drive signal lines because such a modification is the result of simple substitution of one known element for another producing a predictable result. More specifically, the parent patent’s touch signal lines and Koide’s drive signal lines perform the same general and predictable function, the predictable function being providing touch drive signals lines to provide signals to the touch electrodes in a display device. Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function but in the very combination itself – that is in the substitution of the parent patent’s touch signal lines by replacing it with Koide’s drive signal lines. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Thus, the parent patent, as modified by Kwon and Koide, teaches the two groups of conductive drive lines which a group is connected together and another group which is separated.
Instant application (Claim 3)
Parent Patent No. 12,386,471 (Claim 1)
3. The electronic device of claim 1, wherein
A touch panel comprising:
wherein a width of one of the plurality of first conductive patterns included in each of the plurality of touch electrodes is different from a width of one of the plurality of second conductive patterns included in each of the plurality of connection wires.
wherein a width of one of the plurality of first conductive patterns included in each of the plurality of touch electrodes is different from a width of one of the plurality of second conductive patterns included in each of the plurality of connection wires.
Claims 2 and 4-19 are recited same limitation as claims 2-15 of US Patent 12,386,471.
Allowable Subject Matter
Reasons for allowance is presented for claim 3 in the event the double patenting rejection for this claim is overcome.
Claims 3-19 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 and overcome double patenting rejection.
As to claim 3, Kwon, as modified by Koide, does not expressly teach the electronic device wherein a width of one of the plurality of first conductive patterns included in each of the plurality of touch electrodes is different from a width of one of the plurality of second conductive patterns included in each of the plurality of connection wires.
Additional prior art of U.S. Patent No. 11,698,696 by Jin et al. teaches a first and second touch signal line which have different line widths. However, Jin does not teach the comparison of the widths for the first and second conductive patterns are required by the claim.
In addition, no other prior art was found which teaches, alone or in combination, the cited limitations.
As to dependent claims 4-19, these claims are objected to for the same reasons as claim 3 as claims 4-19 depend upon objected dependent claim 3.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pub. No. 2022/0374125 by Kang et al. teaches a touch display panel which includes conductive lines which are connected in one segment and separated in other segments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT D CASTIAUX whose telephone number is (571)272-5143. The examiner can normally be reached Mon-Fri 7:30 AM- 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh Nguyen can be reached at (571)272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT D CASTIAUX/Primary Examiner, Art Unit 2623
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