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.
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Claims 1, 15-19, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 25, and 26 of U.S. Patent No. 12,411,382. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claimed invention is somewhat broader recitation of the ’382 Patent, for example
present claimed invention 19/316,131 (APP’131)
U.S. Patent No. 12,411,382 (PAT’382)
Comments
Claim 1 and claim 15.
Claim 1
Claim 1 of APP’131 fails to disclose the following limitation:
“the frame body further comprises a barrier wall, the barrier wall being affixed to a face, facing away from the bearing face, of the support stage; and the adhesive portion comprises a first sub-adhesive portion and a second sub-adhesive portion, wherein the first sub-adhesive portion is disposed between the barrier wall and the display panel and is bonded to the barrier wall and the display panel, the second sub-adhesive portion is disposed between the support stage and the display panel and is bonded to the support stage and the display panel, and the second sub-adhesive portion is closer to the edge of the display module than the first sub-adhesive portion is”
Claim 15 of APP’131 expressly recites this missing limitation. Accordingly, the combination of claim 1 and 15 of APP’131 teaches the limitation recited in claim 1 of APT’382.
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the frame of claim 1 APP’131 to include barrier wall as taught by claim 15, in order to create a space for accommodating the adhesive portion therein and to provide effective attachment between the frame and the display panel.
Claim 19
Claim 25
Claim 19 of APP’131 fails to disclose the following limitation:
“the frame body further comprises a barrier wall, the barrier wall being affixed to a face, facing away from the bearing face, of the support stage; and the adhesive portion comprises a first sub-adhesive portion and a second sub-adhesive portion, wherein the first sub-adhesive portion is disposed between the barrier wall and the display panel and is bonded to the barrier wall and the display panel, the second sub-adhesive portion is disposed between the support stage and the display panel and is bonded to the support stage and the display panel, and the second sub-adhesive portion is closer to the edge of the display module than the first sub-adhesive portion is”
Claim 15 of APP’131 expressly recites this missing limitation. Accordingly, the combination of claim 19 and 15 of APP’131 teaches the limitation recited in claim 25 of APT’382.
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the frame of claim 19 APP’131 to include barrier wall as taught by claim 15, in order to create a space for accommodating the adhesive portion therein and to provide effective attachment between the frame and the display panel.
Claim 20
Claim 26
Claim 20 of APP’131 fails to disclose the following limitation:
“the frame body further comprises a barrier wall, the barrier wall being affixed to a face, facing away from the bearing face, of the support stage; and the adhesive portion comprises a first sub-adhesive portion and a second sub-adhesive portion, wherein the first sub-adhesive portion is disposed between the barrier wall and the display panel and is bonded to the barrier wall and the display panel, the second sub-adhesive portion is disposed between the support stage and the display panel and is bonded to the support stage and the display panel, and the second sub-adhesive portion is closer to the edge of the display module than the first sub-adhesive portion is”
Claim 15 of APP’131 expressly recites this missing limitation. Accordingly, the combination of claim 20 and 15 of APP’131 teaches the limitation recited in claim 26 of APT’382.
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the frame of claim 20 APP’131 to include barrier wall as taught by claim 15, in order to create a space for accommodating the adhesive portion therein and to provide effective attachment between the frame and the display panel.
Claim Rejections - 35 USC § 103
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, 2, 4-6, 8-14, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over WANG et al. (CN 114839809 hereinafter refer as “WANG”) in view of Lee et al. (US 2008/0094562 hereinafter refer as “Lee”).
Regarding claim 1. WANG discloses a display module (see Figs. 2-4), comprising: a display panel (5); an adhesive layer (4); and a backlight module comprising a backlight source (2), a frame body (1), and an optical film (3), wherein the frame body comprises a bearing stage (portion bearing the optical film material structure 3, see Fig. 3) and a support stage (vertical portion of the frame), wherein the bearing stage comprises a bearing face configured to bear the optical film, and the support stage is affixed to the bearing face; wherein the adhesive layer (4) comprises an adhesive portion (located between the frame 1 and the display panel and bonded thereto) and an overflowed adhesive portion (extending beyond a top portion of the frame 1), wherein the adhesive portion is disposed between the support stage and the display panel and is bonded to the support stage and the display panel (see Fig. 3), and the overflowed adhesive portion is disposed on a side, facing away from an edge of the display module, of the adhesive portion and is bonded to the display panel. WANG further discloses the display panel (5) includes a display area (51, see Fig. 4) and non-display area (52) located at the periphery of the display region (51) wherein a maximum width of a cross-section of the overflowed adhesive portion is less than or equal to an overall width of the non-display area (52) and the maximum width of the cross-section of the overflowed adhesive portion is greater than 0.
However, WANG is silent with respect to the display panel comprising a plurality of pixels arranged in an array, wherein the maximum width of a cross-section of the overflowed adhesive portion is less than or equal to an overall width of three pixels closest to an edge of the display region of the display panel.
Lee discloses an LCD panel LCD panel (200/200’, see Figs. 3A and 4A) comprising a plurality of pixels arranged in arrays region (212, see 3A and 4A, Para. 0006 and 0043) and sealant region (211b, see Figs. 3A and 4A, Para. 0043-0044) and a sealant (230, see Fig. 4A, Para. 0043) for controlling spinning angles of liquid crystal molecules such that each pixel can generate different colors and gray scales (see Para. 0006).
Therefore, in view of Lee, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the display panel of WANG to include a plurality of pixels arranged in an array as claimed, for the purpose of controlling spinning angles of liquid crystal molecules such that each pixel can generate different colors and gray scales, as suggested by Lee. A person of ordinary skill in the art would have been motivated to make this combination to provide an improved display device.
Regarding claim 2. WANG further discloses in a direction perpendicular to a plane of a light exiting face of the display panel, a maximum thickness of the overflowed adhesive portion is less than or equal to twice a minimum distance between the display panel and the support stage (see Fig. 3).
Regarding claims 4 and 5. The teachings of WANG have been discussed above.
However, WANG is silent with respect to the display module meets at least one of the following requirements: in a direction perpendicular to a plane of a light exiting face of the display panel, a minimum distance between the display panel and the support stage is greater than or equal to 0.2 mm; and in the direction perpendicular to the plane of the light exiting face of the display panel, the minimum distance between the display panel and the support stage is less than or equal to 0.5 mm; wherein a maximum width of a cross-section of the adhesive layer is greater than or equal to 1 mm.
The applicant’s disclosure does not establish any new and unexpected result for the limitation “the display module meets at least one of the following requirements: in a direction perpendicular to a plane of a light exiting face of the display panel, a minimum distance between the display panel and the support stage is greater than or equal to 0.2 mm; and in the direction perpendicular to the plane of the light exiting face of the display panel, the minimum distance between the display panel and the support stage is less than or equal to 0.5 mm.” It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify WANG by contemplating the minimum distance between the display panel and the support stage of WANG with the limitation, since it has been held by the courts that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device, and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984),
Regarding claim 6. WANG further discloses the display panel (5) includes a display area (51, see Fig. 4) and non-display area (52) located at the periphery of the display region (51) wherein a maximum width of a cross-section of the overflowed adhesive portion is less than or equal to an overall width of the non-display area (52) and the maximum width of the cross-section of the overflowed adhesive portion is greater than 0.
However, WANG is silent with respect to the display panel comprises a plurality of valid sub-pixels arranged in an array, wherein the maximum width of the cross-section of the overflowed adhesive portion is less than or equal to an overall width of two valid sub-pixels closest to an edge of a display region of the display panel.
Lee discloses an LCD panel LCD panel (200/200’, see Figs. 3A and 4A) comprising a plurality of pixels arranged in arrays region (212, see 3A and 4A, Para. 0006 and 0043) and sealant region (211b, see Figs. 3A and 4A, Para. 0043-0044) and a sealant (230, see Fig. 4A, Para. 0043) for controlling spinning angles of liquid crystal molecules such that each pixel can generate different colors and gray scales (see Para. 0006).
Therefore, in view of Lee, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the display panel of WANG to include a plurality of valid sub-pixels as claimed, for the purpose of controlling spinning angles of liquid crystal molecules such that each pixel can generate different colors and gray scales, as suggested by Lee. A person of ordinary skill in the art would have been motivated to make this combination to provide an improved display device.
Regarding claim 8. WANG further discloses the display panel (5, see Fig. 4) further comprises a display region (51) and a non-display region (52) on a periphery of the display region, and a width of an end, close to the display panel, of a cross-section of the support stage is less than or equal to a width of the non-display region (see Fig. 4).
Regarding claim 9. WANG further discloses a boundary of the display region (51) is flush with a face, close to the optical film (3), of the support stage.
Regarding claim 10. WANG further discloses the backlight module further comprises a light guide structure (8, see Figs. 6 and 7) on the bearing face of the bearing stage (1), wherein the support stage is closer to the edge of the display module (5) than the light guide structure (8) is, and the optical film is disposed on a side, facing away from the bearing face, of the light guide structure.
Regarding claim 11. WANG further discloses the backlight module (see Fig. 4) further comprises a backplane (back plate 6, see Fig. 4), wherein the backplane is disposed on a side, facing away from the display panel (5), of the optical film (3), the frame body (1) is affixed to the backplane, and the backlight source (2) is disposed between the backplane (6) and the optical film (3).
Regarding claim 12. WANG further discloses the frame body (1) further comprises a surrounding structure (reflecting layer 9, see Fig. 4) fixedly connected to the bearing stage, wherein the surrounding structure surrounds the backlight source (2), and a side, close to the backlight source, of the surrounding structure is provided with a reflective layer.
Regarding claim 13. WANG further discloses the optical film (3) comprises at least one of: a diffuse plate (diffusion film 35, see Fig. 6), a lower prism sheet, and an upper prism sheet.
Regarding claim 14. The teachings of WANG have been discussed above.
However, WANG is silent with respect to the adhesive layer is formed by curing an optical adhesive.
Lee further discloses the sealant (230) is composed of a ultraviolet curing adhesive (see Para. 0044).
Therefore, in view of Lee, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the WANG by forming the adhesive layer by curing an optical adhesive as a matter of selecting a well known methods in the art, since it has been held by the courts that combining prior art elements according to known methods to yield predictable results, simple substitution of one known element for another to obtain predictable results, or choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is not sufficient to distinguish over the prior art, as it requires only ordinary skill in the art. KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1397 (2007). In this case, forming the adhesive layer by curing an optical adhesive would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Regarding claim 19. WANG discloses a display module (see Figs. 2-4), comprising: a display panel (5, see Figs. 2-4); an optical film (3, see Figs. 2-4) attached to a light entering face of the display panel; a frame body (1, see Figs. 2-4) on a side, facing away from the display panel, of the optical film, wherein the frame body comprises a support stage (vertical portion of the frame), and an adhesive layer (4); comprising an adhesive portion (located between the frame 1 and the display panel and bonded thereto) and an overflowed adhesive portion (extending beyond a top portion of the frame 1), wherein the adhesive portion is disposed between the support stage and the optical film and is bonded to the support stage and the optical film, and the overflowed adhesive portion is disposed on a side, facing away from an edge of the display module, of the adhesive portion and is bonded to the optical film. WANG further discloses the display panel (5) includes a display area (51, see Fig. 4) and non-display area (52) located at the periphery of the display region (51) wherein a maximum width of a cross-section of the overflowed adhesive portion is less than or equal to an overall width of the non-display area (52) and the maximum width of the cross-section of the overflowed adhesive portion is greater than 0.
However, WANG is silent with respect to the display panel comprising a plurality of pixels arranged in an array, wherein the maximum width of a cross-section of the overflowed adhesive portion is less than or equal to an overall width of three pixels closest to an edge of the display region of the display panel.
Lee discloses an LCD panel LCD panel (200/200’, see Figs. 3A and 4A) comprising a plurality of pixels arranged in arrays region (212, see 3A and 4A, Para. 0006 and 0043) and sealant region (211b, see Figs. 3A and 4A, Para. 0043-0044) and a sealant (230, see Fig. 4A, Para. 0043) for controlling spinning angles of liquid crystal molecules such that each pixel can generate different colors and gray scales (see Para. 0006).
Therefore, in view of Lee, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the display panel of WANG to include a plurality of pixels arranged in an array as claimed, for the purpose of controlling spinning angles of liquid crystal molecules such that each pixel can generate different colors and gray scales, as suggested by Lee. A person of ordinary skill in the art would have been motivated to make this combination to provide an improved display device.
Regarding claim 20. WANG discloses a display module (see Figs. 2-4), comprising: a plurality of spliced display modules (see Figs. 3 and 4), wherein the display module comprises: a display panel (5, see Figs. 2-4); an adhesive layer (4, see Figs. 2-4); and a backlight module comprising a backlight source (2), a frame body (1), and an optical film (3, see Figs. 2-4), wherein the frame body comprises a bearing stage (portion bearing the optical film material structure 3, see Fig. 3) and a support stage (vertical portion of the frame), wherein the bearing stage comprises a bearing face configured to bear the optical film, and the support stage is affixed to the bearing face; wherein the adhesive layer comprises an adhesive portion (located between the frame 1 and the display panel and bonded thereto) and an overflowed adhesive portion (extending beyond a top portion of the frame 1), wherein the adhesive portion is disposed between the support stage and the display panel and is bonded to the support stage and the display panel, and the overflowed adhesive portion is disposed on a side, facing away from an edge of the display module, of the adhesive portion and is bonded to the display panel. WANG further discloses the display panel (5) includes a display area (51, see Fig. 4) and non-display area (52) located at the periphery of the display region (51) wherein a maximum width of a cross-section of the overflowed adhesive portion is less than or equal to an overall width of the non-display area (52) and the maximum width of the cross-section of the overflowed adhesive portion is greater than 0.
However, WANG is silent with respect to the display panel comprising a plurality of pixels arranged in an array, wherein the maximum width of a cross-section of the overflowed adhesive portion is less than or equal to an overall width of three pixels closest to an edge of the display region of the display panel.
Lee discloses an LCD panel LCD panel (200/200’, see Figs. 3A and 4A) comprising a plurality of pixels arranged in arrays region (212, see 3A and 4A, Para. 0006 and 0043) and sealant region (211b, see Figs. 3A and 4A, Para. 0043-0044) and a sealant (230, see Fig. 4A, Para. 0043) for controlling spinning angles of liquid crystal molecules such that each pixel can generate different colors and gray scales (see Para. 0006).
Therefore, in view of Lee, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the display panel of WANG to include a plurality of pixels arranged in an array as claimed, for the purpose of controlling spinning angles of liquid crystal molecules such that each pixel can generate different colors and gray scales, as suggested by Lee. A person of ordinary skill in the art would have been motivated to make this combination to provide an improved display device.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over WANG in view of Lee and further in view of HUANG et al. (US 2021/0200036 hereinafter refer as “HUANG”).
Regarding claim 3. The teachings of WANG have been discussed above.
However, WANG is silent with respect to a cross-section of the overflowed adhesive portion comprises an adhesive face and an arc-shaped face, wherein the adhesive face is bonded to the display panel, the arc-shaped face is disposed on a side, facing away from the display panel, of the adhesive face, and a maximum distance between the arc-shaped face and the display panel is greater than or equal to a maximum distance between the support stage and the display panel.
HUANG teaches an electronic device (1, see Fig. 2, Para. 0019) that includes a cover plate (10, see Fig. 2, Para. 0019), an adhesive (20, see Fig. 2, Para. 0019) with overflowed adhesive and a frame (40, see Fig. 2, Para. 0019); wherein a cross-section of the overflowed adhesive portion comprises an adhesive face and an arc-shaped face (see Para. 0040), wherein the adhesive face is bonded to the cover plate (10), the arc-shaped face is disposed on a side, facing away from the cover plate (10), of the adhesive face, and a maximum distance between the arc-shaped face and the display panel is greater than or equal to a maximum distance between the support stage and the cover plate (10, see Fig. 5E), wherein the portion of the adhesive (20) that is in contact with the cover plate (10) is so it may be convex or concave, so decorative function may be achieved, user may be prevented from getting injured, but the present disclosure is not limited thereto (see Para. 0033).
Therefore, in view of HUANG, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the adhesive of WANG to include arc-shaped face as claimed, so that decorative function may be achieved, as suggested by HUANG. A person of ordinary skill in the art would have been motivated to make this combination to provide an improved display device.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over WANG in view of Lee and further in view of HANAKAWA et al. (WO 9950127 A1 hereinafter refer as “HANAKAWA”).
Regarding claim 7. WANG further discloses a shear resistance strength P of the adhesive layer (4, adhesive inherent of WANG).
However, WANG is silent with respect to the shear resistance strength P of the adhesive layer meets: P≥ (m×g)/(12×S) wherein m represents a weight of the display panel, g represents gravitational acceleration, and s represents a minimum area of a cross-section of the adhesive layer.
HANAKAWA teaches shear resistance strength P of the adhesive layer (e.g. 3MPa) that meets: P≥ (m×g)/(12×S) wherein m represents a weight of the display panel, g represents gravitational acceleration, and s represents a minimum area of a cross-section of the adhesive layer (the shearing adhesive strength becomes 3 MPa or more which is open ended and will meet the limitation, see page 11; lines 16-25).
Therefore, in view of HANAKAWA, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the adhesive layer of WANG to have the shear resistance strength P that meet the claimed formula to provide an adhesive layer with strong resistance to shear, as suggested by HANAKAWA, since it has been held by the courts that selection of a prior art material on the basis of its suitability for its intended purpose is within the level of ordinary skill. In re Leshing, 125 USPQ 416 (CCPA 1960) and Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945).
Allowable Subject Matter
Claims 15-18 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.
The following is a statement of reasons for the indication of allowable subject matter: claim 15 is allowable because it includes subject matter that is allowable over U.S. Patent No. 12,411,382, specifically reciting: “frame body further comprises a barrier wall, the barrier wall being affixed to a face, facing away from the bearing face, of the support stage; and the adhesive portion comprises a first sub-adhesive portion and a second sub-adhesive portion, wherein the first sub-adhesive portion is disposed between the barrier wall and the display panel and is bonded to the barrier wall and the display panel, the second sub-adhesive portion is disposed between the support stage and the display panel and is bonded to the support stage and the display panel, and the second sub-adhesive portion is closer to the edge of the display module than the first sub-adhesive portion”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (US 2005/0052606) discloses an LCD panel (10/50, see Figs. 3 and 4) comprising a plurality of pixels arranged in arrays region (56, see Figs. 3 and 4, Para. 0009, 0027, and 0028) and sealant region (58, see Figs. 3 and 4) and a sealant (72, see Fig. 4, Para. 0027) for controlling spinning angles of liquid crystal molecules such that each pixel can generate different colors and gray scales (see Para. 0005); Guo (US 2021/0397036) a display device includes a back plate (100, see Fig. 1), wherein the back plate (100) is provided with an L-shaped bent portion, the bent portion including a bottom plate (112) and a side plate (111), and the back plate (100) is configured to cover a non-light-emitting surface of a display panel (200); and JEONG (US 2013/0027857) discloses a display device includes a display panel displaying an image; a first frame surrounding the display panel; and an adhesive between a side surface of the display panel and a side surface of the first frame,.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tsion Tumebo whose telephone number is 571-270-1668. The examiner can normally be reached on 7:30 am to 4:00 pm, Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached on (571)272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TSION TUMEBO/
Primary Examiner, Art Unit 2875