DETAILED ACTION
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8, 10, and 15-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by [Wang; Haisheng et al., US 20160306454 A1].
Regarding claim 1:
Wang discloses:
1. (Currently Amended) A touch sensitive display apparatus [Wang: ¶ 0038: “ a display device, which comprises the in-cell touch panel provided by at least one embodiment of the present invention. The display device may be: any product or component with display function such as a mobile phone, a tablet PC, a “] comprising a touch sensitive display panel (100) [Wang: Fig.1: in-cell touch panel, first substrate 01, second substrate 02, pixel electrode layer 03, touch detection chip 04], the touch sensitive display panel (100) [Wang: Fig.1: in-cell touch panel, first substrate 01, second substrate 02, pixel electrode layer 03, touch detection chip 04] including:
a first touch electrode (112a) [Wang: Fig.2: self-capacitance electrode 06] having at least one first touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the upper side of a mesh hole],
at least one second touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the lower side of the same mesh hole], at least one third touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the left side of the same mesh hole], and at least one fourth touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the right side of the same mesh hole], the at least one first touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the upper side of a mesh hole], the at least one second touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the lower side of the same mesh hole], the at least one third touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the left side of the same mesh hole], and the at least one fourth touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the right side of the same mesh hole] forming a mesh form [Wang: Fig.2: self-capacitance 06 surrounding pixel electrodes 05; ¶ 0022: “as illustrated in FIG. 2, the pattern of the self-capacitance electrode 06 is generally of a mesh structure including a plurality of mesh holes”];
a second touch electrode (112b) [Wang: Fig.6: self-capacitance electrode 06 adjacent the first; ¶ 0017: “ self-capacitance electrodes 06 insulated from each other”] having at least one first touch electrode portion [Wang: Fig.4: portion of self-capacitance electrode 06 extending along the upper side of a mesh hole],
at least one second touch electrode portion [Wang: Fig.4: portion of self-capacitance electrode 06 extending along the lower side of the same mesh hole],
at least one third touch electrode portion [Wang: Fig.4: portion of self-capacitance electrode 06 extending along the left side of the same mesh hole], and
at least one fourth touch electrode portion [Wang: Fig.4: portion of self-capacitance electrode 06 extending along the right side of the same mesh hole],
the at least one first touch electrode portion, the at least one second touch electrode portion, the at least one third touch electrode portion, and the at least one fourth touch electrode portion forming a mesh form [Wang: Fig.4: self-capacitance 06 surrounding pixel electrodes 05];
a first touch signal line (122a) [Wang: Fig.6: lead 07] connected to the first touch electrode (112a) [Wang: Fig.6: through-hole contacts between lead 07 and self-capacitance electrode 06] through at least one of the at least one first touch electrode portion and the at least one second touch electrode portion of the first touch electrode (112a) [Wang: Fig.6: plurality of through-hole contacts distributed along self-capacitance electrode 06; ¶ 0032: “the self-capacitance electrodes 06 and corresponding leads 07 may be electrically connected with each other via a plurality of through holes, as shown in FIG. 6”];
and a second touch signal line (122b) [Wang: Fig.6: lead 07 of the adjacent electrode; ¶ 0023: “ each self-capacitance electrode 06 may be connected with the touch detection chip 04 through an independent lead 07”] connected to the second touch electrode (112b) [Wang: Fig.6: through-hole contacts between lead 07 and the adjacent self-capacitance electrode 06] through at least one of the at least one first touch electrode portion and the at least one second touch electrode portion of the second touch electrode (112b) [Wang: Fig.6: plurality of through-hole contacts distributed along the adjacent self-capacitance electrode 06].
Regarding claim 2:
Wang discloses:
2. (Currently Amended) The touch sensitive display apparatus [Wang: ¶ 0038: “ a display device, which comprises the in-cell touch panel provided by at least one embodiment of the present invention. The display device may be: any product or component with display function such as a mobile phone, a tablet PC, a “] of claim 1,
wherein the first touch signal line (122a) [Wang: Fig.6: lead 07] and the second touch signal line (122b) [Wang: Fig.6: lead 07 of the adjacent electrode] are parallel to each other [Wang: Fig.6: parallel leads 07; ¶ 0028: “the extension direction of the leads 07 is generally consistent to each other”].
Regarding claim 3:
Wang discloses:
3. (Original) The touch sensitive display apparatus [Wang: ¶ 0038: “ a display device, which comprises the in-cell touch panel provided by at least one embodiment of the present invention. The display device may be: any product or component with display function such as a mobile phone, a tablet PC, a “] of claim 1, the touch sensitive display panel (100) [Wang: Fig.1: in-cell touch panel, first substrate 01, second substrate 02, pixel electrode layer 03, touch detection chip 04] further includes a gate line [Wang: Fig.4: gate signal line 08] and a data line [Wang: Fig.4: data signal line 09], the gate line and the data line arranged in a cross direction [Wang: Fig.4: gate signal lines 08 intersecting data signal lines 09; ¶ 0027: “gate signal lines 08 and data signal lines 09 which intersect each other”].
Regarding claim 4:
Wang discloses:
4. (Currently Amended) The touch sensitive display apparatus [Wang: ¶ 0038: “ a display device, which comprises the in-cell touch panel provided by at least one embodiment of the present invention. The display device may be: any product or component with display function such as a mobile phone, a tablet PC, a “] of claim 3,
wherein the first touch signal line (122a) [Wang: Fig.6: lead 07] and the second touch signal line (122b) [Wang: Fig.6: lead 07 of the adjacent electrode; ¶ 0023: “ each self-capacitance electrode 06 may be connected with the touch detection chip 04 through an independent lead 07”] extend in a direction in which the data line extends [Wang: Fig.5: leads 07 arranged in the same layer as and extending with data signal lines 09; ¶ 0031: “the leads 07 may be disposed at gaps between adjacent pixel groups and are arranged in the same layer as the data signal lines”].
Regarding claim 5:
Wang discloses:
5. (Original) The touch sensitive display apparatus [Wang: ¶ 0038: “ a display device, which comprises the in-cell touch panel provided by at least one embodiment of the present invention. The display device may be: any product or component with display function such as a mobile phone, a tablet PC, a “] of claim 3,
wherein the first touch electrode (112a) [Wang: Fig.2: self-capacitance electrode 06] further includes at least one hole (114) [Wang: Fig.2: mesh hole of self-capacitance electrode 06; ¶ 0022: “a mesh structure including a plurality of mesh holes”],
the at least one hole (114) is surrounded by the first touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the upper side of a mesh hole], the second touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the lower side of the same mesh hole], the third touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the left side of the same mesh hole], and the fourth touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the right side of the same mesh hole] of the first touch electrode (112a) [Wang: Fig.2: self-capacitance electrode 06; Fig.2: mesh material of self-capacitance electrode 06 bounding each mesh hole on four sides; ¶ 0022: “The mesh holes of the mesh structure correspond to the pixel electrodes”].
Regarding claim 6:
Wang discloses:
6. (Original) The touch sensitive display apparatus [Wang: ¶ 0038: “ a display device, which comprises the in-cell touch panel provided by at least one embodiment of the present invention. The display device may be: any product or component with display function such as a mobile phone, a tablet PC, a “] of claim 5,
wherein the at least one hole includes a first hole, a second hole, and a third hole [Wang: Fig.2: plurality of mesh holes of self-capacitance electrode 06; ¶ 0022: “a mesh structure including a plurality of mesh holes”].
Regarding claim 7:
Wang discloses:
7. (Original) The touch sensitive display apparatus [Wang: ¶ 0038: “ a display device, which comprises the in-cell touch panel provided by at least one embodiment of the present invention. The display device may be: any product or component with display function such as a mobile phone, a tablet PC, a “] of claim 6,
wherein the first hole, the second hole, and the third hole are arranged in a direction in which the data line extends [Wang: Fig.5: mesh holes of self-capacitance electrode 06 aligned in a column along data signal line 09; Examiner: Fig.5 shows the mesh holes stacked in the data line direction within each electrode].
Regarding claim 8:
Wang discloses:
8. (Currently Amended) The touch sensitive display apparatus [Wang: ¶ 0038: “ a display device, which comprises the in-cell touch panel provided by at least one embodiment of the present invention. The display device may be: any product or component with display function such as a mobile phone, a tablet PC, a “] of claim 6,
wherein a direction in which the first hole, the second hole, and the third hole extend is same as a direction in which the first touch signal line (122a) extends [Wang: Fig.5: column of mesh holes and lead 07 both running in the data signal line 09 direction; ¶ 0031: “the leads 07 may be disposed at gaps between adjacent pixel groups and are arranged in the same layer as the data signal lines”; Examiner: Under the interpretation that “extend” refers to the arrangement axis of the three holes, that axis and the lead 07 shared the data line direction].
Regarding claim 10:
Wang discloses:
10. (Original) The touch sensitive display apparatus [Wang: ¶ 0038: “ a display device, which comprises the in-cell touch panel provided by at least one embodiment of the present invention. The display device may be: any product or component with display function such as a mobile phone, a tablet PC, a “] of claim 5,
wherein the second touch electrode (112b) [Wang: Fig.6: self-capacitance electrode 06 adjacent the first; ¶ 0017: “ self-capacitance electrodes 06 insulated from each other”] further includes at least one hole (114) [Wang: Fig.4: mesh of the adjacent self-capacitance electrode 06; ¶ 0022: “a mesh structure including a plurality of mesh holes”], the at least one hole (114) is surrounded by the first touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the upper side of a mesh hole], the second touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the lower side of the same mesh hole], the third touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the left side of the same mesh hole], and the fourth touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the right side of the same mesh hole] of the second touch electrode (112b) [Wang: Fig.4: mesh material of the adjacent self-capacitance electrode 06 bounding each mesh hole on four sides].
Regarding claim 15:
Wang discloses:
15. (Currently Amended) The touch sensitive display apparatus [Wang: ¶ 0038: “ a display device, which comprises the in-cell touch panel provided by at least one embodiment of the present invention. The display device may be: any product or component with display function such as a mobile phone, a tablet PC, a “] of claim 1,
wherein the at least one first touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the upper side of a mesh hole] of the first touch electrode (112a) [Wang: Fig.2: self-capacitance electrode 06] includes at least two first touch electrode portions [Wang: Fig.6: two through-hole contact regions of self-capacitance electrode 06],
the at least two first touch electrode portions [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the upper side of a mesh hole] connected to the first touch signal line (122a) [Wang: Fig.6: lead 07 joined to self-capacitance electrode 06 at plural through holes; ¶ 0032: “electrically connected with each other via through holes”].
Regarding claim 16:
Wang discloses:
16. (Currently Amended) The touch sensitive display apparatus [Wang: ¶ 0038: “ a display device, which comprises the in-cell touch panel provided by at least one embodiment of the present invention. The display device may be: any product or component with display function such as a mobile phone, a tablet PC, a “] of claim 15,
wherein the at least two first touch electrode portion [Wang: Fig.2: portion of self-capacitance electrode 06 extending along the upper side of a mesh hole]s are connected to the first touch signal line (122a) [Wang: Fig.6: lead 07] at different positions [Wang: Fig.6: through-hole contacts spaced apart along self-capacitance electrode 06; ¶ 0032: “plurality of through holes”; Examiner: Fig.6 shows the contacts distributed at spaced positions along each electrode].
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 1-12 and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 9,766,764.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application and the patent are drawn to the same touch sensitive display apparatus, differing only in obvious variation disclosed in the specification common to both.
Construed in light of the specification, the instant “hole” reads on the patented “slit,” the instant “touch signal line” on the patented “conductive line,” and the instant “four touch electrode portions forming a mesh form” on the patented slit-formed touch electrode.
Instant clam 1 is an obvious variation of patented claims 1 and 4 (touch electrode comprising a slit, connected to a conductive line at a first plurality of locations). Instant claim 9 corresponds to patented claim 7 (“the first conductive line overlaps with the slit”). Instant claim 17 corresponds to patented claims 5 and 9 (slit disposed where the TFT is disposed; conductive line overlapping the TFT). Instant claim 20 corresponds to patented claim 8 (slit in a non-display area). Instant claims 15 and 16 correspond to patented claims 1 and 15 (connection at a plurality of locations and through a plurality of contacts). Instant claims 2-8, 10-12, 18, and 19 recite the same features for a second electrode or line, or arrangements of the slits and conductive lines, claimed in patented claims 4, 5, 9, and 12, or obvious variations thereof.
It would have been obvious to one or ordinary skill in the art to arrive at the instant claims in view of the claims of U.S. Patent No. 9,766,764.
Allowable Subject Matter
Claims 9, 11-12, and 17-20 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 if to overcome the double patenting rejection above (e.g., eTerminal Disclaimer is filed).
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 9:
The prior art does not teach or suggest either singularly or in combination the at least claimed “wherein the first touch signal line overlaps the at least one hole”, in combination with the other recited claim features.
Regarding claim 11:
The prior art does not teach or suggest either singularly or in combination the at least claimed “wherein the second touch signal line wherein the second touch signal line conductive line overlaps the at least one hole included in the second touch electrode”, in combination with the other recited claim features.
Regarding claim 12:
Claim 12 depends on claim 11 and is found allowable for at least the same reason as discussed above.
Regarding claim 17:
The prior art does not teach or suggest either singularly or in combination the at least claimed “wherein the touch sensitive display panel further includes a thin film transistor, and wherein the at least one hole of the first touch electrode is disposed on an area where the thin film transistor is disposed”, in combination with the other recited claim features.
Regarding claim 18-19:
Claims 18-19 depend on claim 17 and are found allowable for at least the same reason as discussed above.
Regarding claim 20:
The prior art does not teach or suggest either singularly or in combination the at least claimed “wherein the at least one hole of the first touch electrode is disposed in a non-display area”, in combination with the other recited claim features.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Koosha Sharifi-Tafreshi whose telephone number is (571)270-5897. The examiner can normally be reached Mon - Fri 8AM to 5PM EST.
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/KOOSHA SHARIFI-TAFRESHI/Primary Examiner, Art Unit 2628
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