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 .
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3, 5, 8, 11, 12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yao (2018/0253175).
Instant Claim 1: A foldable touch sensor panel (“It is to be noted that the bending axis L (fig 1a) of the flexible touch display panel is not a specific structure existing on the display panel, and the bending axis L indicates that the flexible display panel may be folded or bent about the bending axis L or a plurality of lines parallel to the bending axis L.” (Yao, paragraph 29) The touch display panel of Yao corresponds to the touch sensor panel of the claim.)
comprising: a first plurality of touch electrodes along a first axis formed of a first conductive material disposed in a first conductive material layer; (“the first touch electrode layer includes a plurality of first touch electrodes insulated from each other, the first touch electrodes are strip-shaped, extend along a bending axis of the display panel; … The first touch electrode layer is a transparent conductive layer,” (Yao, abstract) The first touch electrode layer of Yao corresponds to the first conductive material layer of the claim.
In addition, the first touch electrodes are formed of a conductive material in order to allow the electrodes to flow.)
and a second plurality of touch electrodes along a second axis formed of a second conductive material disposed in a second conductive material layer; (“the second touch electrode layer includes a plurality of second touch electrodes insulated from each other, the second touch electrodes are strip-shaped, extend along a direction perpendicular to the bending axis” (Yao, abstract) The second touch electrode layer of Yao corresponds to the second conductive material layer of the claim.
In addition, the second touch electrodes are formed of a conductive material in order to allow the electrodes to flow.
“The second touch electrode layer 104 (fig 1a) is metal mesh made of silver or copper.” (Yao, paragraph 31) Silver and copper are conductors.)
wherein: the first plurality of touch electrodes along the first axis is parallel to a folding axis of the touch sensor panel (“the first touch electrodes … extend along a bending axis of the display panel;” (Yao, abstract) The bending axis of Yao corresponds to the folding axis of the claim.)
and are planar or non-planar; (The first touch electrodes of Yao are either planar or non-planar.)
and the second plurality of touch electrodes along the second axis is non-parallel to the folding axis of the touch sensor panel (“the second touch electrodes … extend along a direction perpendicular to the bending axis” (Yao, abstract))
and is at least partially non-planar. (“It is to be noted that FIG. 7 and FIG. 8 show a part of one second touch electrode, and the second touch electrode is made of metal mesh formed by crossing a plurality of metal wires with each other. … Alternatively, the plurality of metal wires are of a randomly-folded shape as shown in FIG. 7 or a wave shape as shown in FIG. 8.” (Yao, paragraph 51) Referring to figs 7 and 8 of Yao, the second touch electrodes 1041 are non-planar.)
Instant Claim 2: The foldable touch sensor panel of claim 1, wherein the second axis is orthogonal to the first axis. (“the second touch electrodes … extend along a direction perpendicular to the bending axis” (Yao, abstract))
Instant Claim 3: The foldable touch sensor panel of claim 1, wherein one or more non-planar portions of the second plurality of touch electrodes include a plurality of peaks and a plurality of valleys. (Referring to figs 7 and 8 of Yao, the second touch electrodes 1041 include peaks and valleys.)
Instant Claim 5: The foldable touch sensor panel of claim 3, wherein the one or more non-planar portions of the second plurality of touch electrodes are patterned as a sinusoidal wave structure. (Referring to figs 7 and 8 of Yao, the second touch electrodes 1041 include a sinusoidal wave structure.)
Instant Claim 8: The foldable touch sensor panel of claim 3, wherein the plurality of peaks and the plurality of valleys create one or more neutral planes at the plurality of peaks and/or the plurality of valleys. (Referring to figs 7 and 8 of Yao, the second touch electrodes 1041 exhibit neutral planes at the peaks and valleys.)
Instant Claim 11: The foldable touch sensor panel of claim 1, wherein the second plurality of touch electrodes along the second axis is at least partially planar, (This portion of claim 11 is substantially included within claim 1, and thus, is rejected under similar rationale.)
and the non-planar portions of the second plurality of touch electrodes are disposed within a threshold distance from the folding axis. (“the second touch electrodes … extend along a direction perpendicular to the bending axis” (Yao, abstract))
Instant Claim 12: The foldable touch sensor panel of claim 11, wherein the threshold distance is 10 mm away from the folding axis in a direction of the second axis. (“The direction of the bending axis L (fig 4) is an extending direction of the scan lines SL, that is, the flexible touch display panel can be folded or bent about the scan lines.” (Yao, paragraph 44) Therefore, the folding axis of Yao may be anywhere along the touch display panel.)
Instant Claim 14: A foldable touch screen (“It is to be noted that the bending axis L (fig 1a) of the flexible touch display panel is not a specific structure existing on the display panel, and the bending axis L indicates that the flexible display panel may be folded or bent about the bending axis L or a plurality of lines parallel to the bending axis L.” (Yao, paragraph 29) The touch display panel of Yao corresponds to the touch screen of the claim.)
comprising: a display having an active area; and a touch sensor panel (“The first touch electrode layer 103 (fig 1a) and the second touch electrode layer 104 form a mutual capacitance type touch structure for detecting a touch position of the flexible touch display panel, realizing a human-computer interaction between the user and the display panel.” (Yao, paragraph 38) The touch display panel of Yao contains a display having an active area – the area where images appear.
The touch structure of Yao corresponds to the touch sensor panel of the claim.)
comprising: a first plurality of touch electrodes along a first axis formed of a first conductive material disposed in a first conductive material layer over the active area of the display; and a second plurality of touch electrodes along a second axis formed of a second conductive material disposed in a second conductive material layer over the active area of the display; (Referring to figs 1a and 1b of Yao, the first touch electrodes 1031 and the second touch electrodes 1041 are located over the active area of the display.)
The remainder of claim 14 is substantially identical to claim 1, and thus, is rejected under similar rationale.
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.
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.
Claims 4, 6, 7, 10, 13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yao.
Instant Claim 4: The foldable touch sensor panel of claim 3, wherein the second plurality of touch electrodes exhibit an average strain at the plurality of peaks when the foldable touch sensor panel is folded about the folding axis that is reduced by at least 25% compared to a planar implementation of the second plurality of touch electrodes and exhibit an average strain at the plurality of valleys when the foldable touch sensor panel is folded about the folding axis that is reduced by at least 75% compared to the planar implementation of the second plurality of touch electrodes. (“On the other hand, the randomly-folded metal wires and the wavy metal wires have better flexibility and bending resistance in comparison with linear metal wires, and facilitate the overall bending reliability of the flexible touch display.” (Yao, paragraph 51) Although Yao does not explicitly teach exact percentages by which strain is reduced at the peaks and valleys of the wavy second touch electrodes, Yao does teach that the wavy second touch electrodes do exhibit improved bending resistance. The percentages of improvement are presumably similar for all such wavy electrodes.)
Instant Claim 6: The foldable touch sensor panel of claim 5, wherein the plurality of peaks and the plurality of valleys of the sinusoidal wave structure exhibit less average strain than at a midline of the sinusoidal wave structure. (“On the other hand, the randomly-folded metal wires and the wavy metal wires have better flexibility and bending resistance in comparison with linear metal wires, and facilitate the overall bending reliability of the flexible touch display.” (Yao, paragraph 51) The location of improvement in bending resistance of the wavy second touch electrodes is presumably similar for all such wavy electrodes.)
Instant Claim 7: The foldable touch sensor panel of claim 5, wherein an average strain experienced by the second plurality of touch electrodes is based on at least one of an amplitude, wavelength, or arc radius of the sinusoidal wave structure. (“On the other hand, the randomly-folded metal wires and the wavy metal wires have better flexibility and bending resistance in comparison with linear metal wires, and facilitate the overall bending reliability of the flexible touch display.” (Yao, paragraph 51) The improved bending resistance of the wavy second touch electrodes is obviously related to the structure of the wavy electrodes.)
Instant Claim 10: The foldable touch sensor panel of claim 1, wherein the second plurality of touch electrodes exhibit an average strain when the foldable touch sensor panel is folded about the folding axis that is reduced by at least 25% compared to a planar implementation of the second plurality of touch electrodes. (“On the other hand, the randomly-folded metal wires and the wavy metal wires have better flexibility and bending resistance in comparison with linear metal wires, and facilitate the overall bending reliability of the flexible touch display.” (Yao, paragraph 51) Although Yao does not explicitly teach exact percentages by which strain is reduced at the peaks and valleys of the wavy second touch electrodes, Yao does teach that the wavy second touch electrodes do exhibit improved bending resistance. The percentages of improvement are presumably similar for all such wavy electrodes.)
Instant Claims 13: The foldable touch sensor panel of claim 1, wherein the first conductive material and the second conductive material are metal meshes and the first conductive material layer and the second conductive material layer are metal mesh layers. (“It is to be noted that FIG. 7 and FIG. 8 show a part of one second touch electrode, and the second touch electrode is made of metal mesh formed by crossing a plurality of metal wires with each other.” (Yao, paragraph 51) Although Yao does not explicitly teach the use of metal mesh for all conductive materials, metal mesh is known in the art as a conductive material, and therefore, would be obvious to try.)
Instant Claim 15: The foldable touch screen of claim 14, wherein: the display includes a substrate, (“As shown in FIG. 1a and FIG. 1b, the flexible touch display panel includes a flexible substrate 100;” (Yao, paragraph 27))
a thin film transistor (TFT) layer, (“A thin-film transistor array including a plurality of thin-film transistors is disposed on the flexible substrate 100 (fig 1a).” (Yao, paragraph 33) The thin-film transistor array of Yao corresponds to the thin film transistor layer of the claim.)
an organic light-emitting diode (OLED) layer, (“The light emitting units 102 (fig 1b) are formed on the thin-film transistor array.” (Yao, paragraph 34) Although Yao does not teach that the light emitting units 102 are organic light-emitting diodes, by official notice organic light-emitting diodes are widely used in display technology and would be obvious to use in the touch display panel of Yao.)
and an encapsulation layer; (“The flexible touch display panel may further include a thin-film encapsulation layer disposed on the light emitting units 102 (fig 1b), configured to protect the light emitting layer and other thin layers from the influence of external moisture, oxygen and the like.” (Yao, paragraph 37))
wherein the TFT layer of the display corresponds to a first neutral plane; and the touch sensor panel corresponds to a second neutral plane. (The thin-film transistor array and the touch structure of Yao may be said to correspond to neutral planes.)
Instant Claim 16: The foldable touch screen of claim 14, further comprising: a passivation layer disposed between the second conductive material layer and a color filter layer, (Although Yao does not explicitly teach the use of a passivation layer and a color filter layer, by official notice passivation layers and color filter layers are widely used in display technology and would be obvious to use in the touch display panel of Yao.)
wherein the passivation layer includes peaks and valleys corresponding to peaks and valleys of the non-planar portions of the second plurality of touch electrodes. (Various peaks and valleys may be said to correspond to each other.)
Instant Claim 17: (Claim 17 is substantially identical to claim 4, and thus, is rejected under similar rationale.)
Instant Claim 18: (Claim 18 is substantially identical to claim 8, and thus, is rejected under similar rationale.)
Instant Claim 19: The foldable touch screen of claim 14, wherein the second conductive material layer is further from an OLED layer than the first conductive material layer. (Referring to fig 1b of Yao, the second touch electrode layer 104 is further from the light emitting units 102 than the first touch electrode layer 103.)
Instant Claim 20: an energy storage device; wireless communication circuitry; (“The present disclosure relates to a display field, and more particularly to a flexible touch display panel and a flexible touch display apparatus.” (Yao, paragraph 2) Although Yao does not explicitly teach the touch display panel includes an energy storage device (battery) or wireless communication circuitry, such elements are standard features of modern touchscreen devices, and would be obvious to include in the touch display panel of Yao.)
The remainder of claim 20 is substantially identical to claim 14, and thus, is rejected under similar rationale.
Allowable Subject Matter
Claim 9 is 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: With respect to claim 9, the prior art of record fails to teach or fairly suggest “an organic material layer disposed between the first conductive material layer and the second conductive material, wherein the first conductive material has a first stiffness, the second conductive material has a second stiffness, and the organic material layer has a third stiffness different from the first stiffness and the second stiffness by a threshold amount to reduce an average strain of the first plurality of touch electrodes and the second plurality of touch electrodes”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yaron Cohen whose telephone number is (571)270-7995. The examiner can normally be reached Monday - Friday 8:30 AM to 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/YARON COHEN/Examiner, Art Unit 2626
Prosecution Insights