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 .
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 18 merely repeats the structural features of the claimed “touch organic layer,” the claimed “first touch metal layer,” and the claimed “second touch metal layer,” as previously presented in Claim 17, and from which Claim 18 depends. Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
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 and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 6, 8, and 9 of U.S. Patent No. 12,481,404. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of Claims 1 and 8 of the instant application are entirely overlapped in scope by Claims 1, 6, 8, and 9 of the cited U.S. Patent.
Claims 1 and 8 of Instant Application
Claims 1, 6, 8, and 9 of U.S. 12,481,404
1. A display panel, comprising a base substrate, a driving layer, a pixel layer and a touch layer stacked sequentially; wherein, in a peripheral area of the display panel, the driving layer is provided with a touch pin and a touch relay wire connected with the touch pin;
the touch layer comprises a touch organic layer and a touch metal layer buried in the touch organic layer, and the touch metal layer is formed with a touch channel and a touch wiring connected with the touch channel;
wherein, the touch organic layer exposes the touch pin, and an end of the touch relay wire away from the touch pin extends between the touch organic layer and the base substrate;
the touch wiring does not protrude out of the touch organic layer, and the touch wiring is electrically connected to the end of the touch relay wire away from the touch pin through a via hole,
wherein
the touch organic layer comprises a first touch organic layer, a second touch organic layer and a third touch organic layer sequentially stacked on a side of the pixel layer away from the base substrate; the touch metal layer comprises a first touch metal layer sandwiched between the first touch organic layer and the second touch organic layer, and a second touch metal layer sandwiched between the second touch organic layer and the third touch organic layer;
the touch metal layer further comprises pin protection parts, and the pin protection parts comprise a first pin protection part located on the first touch metal layer and a second pin protection part located on the second touch metal layer;
an orthographic projection of the touch pin on the base substrate is located within an orthographic projection of the first pin protection part on the base substrate; and the orthographic projection of the first pin protection part on the base substrate is located within an orthographic projection of the second pin protection part on the base substrate.
8. The display panel according to claim 1, wherein the second touch organic layer is not provided between the first pin protection part and the second pin protection part; and the first touch organic layer is not provided between the first pin protection part and the touch pin.
1. A display panel, comprising a base substrate, a driving layer, a pixel layer and a touch layer stacked sequentially; wherein, in a peripheral area of the display panel, the driving layer is provided with a touch pin and a touch relay wire connected with the touch pin; the driving layer comprises a source-drain metal layer and a passivation layer for protecting the source-drain metal layer; the source-drain metal layer comprises a first source-drain metal layer and a second source-drain metal layer sequentially stacked on a side of the base substrate, and the passivation layer is located between the first source-drain metal layer and the second source-drain metal layer; the touch layer comprises a touch organic layer and a touch metal layer buried in the touch organic layer, and the touch metal layer is formed with a touch channel and a touch wiring connected with the touch channel;
wherein, the touch organic layer exposes the touch pin, and an end of the touch relay wire away from the touch pin extends between the touch organic layer and the base substrate;
a part of the touch relay wire between the touch pin and the touch organic layer is covered by the passivation layer;
the touch relay wire is located in the first source-drain metal layer; the second source-drain metal layer comprises transfer metal parts corresponding to respective touch relay wires one by one, and the end of the touch relay wire away from the touch pin is connected with a corresponding one of the transfer metal parts; and
the touch wiring does not protrude out of the touch organic layer, and an end of the touch wiring away from the touch channel is electrically connected to the end of the touch relay wire away from the touch pin through the transfer metal part.
6. The display panel according to claim 1, wherein the touch metal layer further comprises pin protection parts corresponding to respective touch pins one by one, the pin protection part is overlapped and electrically connected with a corresponding one of the touch pins; and a gap exists between the pin protection part and an edge of the touch organic layer.
8. The display panel according to claim 6, wherein the touch organic layer comprises a first touch organic layer, a second touch organic layer and a third touch organic layer sequentially stacked on a side of the pixel layer away from the base substrate; the touch metal layer comprises a first touch metal layer sandwiched between the first touch organic layer and the second touch organic layer, and a second touch metal layer sandwiched between the second touch organic layer and the third touch organic layer;
the pin protection part comprises a first pin protection part located on the first touch metal layer and a second pin protection part located on the second touch metal layer;
an orthographic projection of the touch pin on the base substrate is located within an orthographic projection of the first pin protection part on the base substrate; and the orthographic projection of the first pin protection part on the base substrate is located within an orthographic projection of the second pin protection part on the base substrate.
9. The display panel according to claim 8, wherein the second touch organic layer is not provided between the first pin protection part and the second pin protection part; and the first touch organic layer is not provided between the first pin protection part and the touch pin.
Claims 1 and 8 of the instant application is merely a broader representation of Claims 1, 6, 8, and 9 of the cited U.S. Patent, and the scope of Claims 1 and 8 of the instant application is entirely overlapped by the scope of Claims 1, 6, 8, and 9 of the cited U.S. Patent.
The only difference between Claims 1 and 8 of the instant application and Claims 1, 6, 8, and 9 of the cited U.S. Patent is that Claim 1 of the instant application recites that “the touch wiring is electrically connected to the end of the touch relay wire away from the touch pin through a via hole,” while Claim 1 of the cited U.S. Patent recites that “the touch wiring is electrically connected to the end of the touch relay wire away from the touch pin through the transfer metal part.” However, as recited in Claim 1 of the cited U.S. Patent, the claimed “touch wiring” is formed in a “touch metal layer,” while the claimed “touch relay wire” is formed in a “first source-drain metal layer.” The claimed “touch metal layer” is formed in the claimed “touch layer,” while the claimed “first source-drain metal layer” is formed in the claimed “driving layer.” The claimed “base substrate,” “driving layer,” “pixel layer,” and “touch layer” are claimed to be “stacked sequentially.” Therefore, the claimed “touch wiring” necessarily requires a “via hole” in order to be “electrically connected to the end of the touch relay wire away from the touch pin through the transfer metal part.” Thus, there is no patentable distinction between the claimed “touch wiring… electrically connected to the end of the touch relay wire away from the touch pin through a via hole,” as recited in Claim 1 of the instant application, and the claimed “touch wiring… electrically connected to the end of the touch relay wire away from the touch pin through the transfer metal part,” as recited in Claim 1 of the cited U.S. Patent, as both “electrical connections” necessarily require “a via hole.”
Therefore, Claims 1 and 8 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 6, 8, and 9 of U.S. Patent No. 12,481,404.
Claims 2-7 and 9-16 are rejected on the ground of nonstatutory double patenting as being unpatentable due to their dependency from rejected Claim 1.
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 6, and 8 of U.S. Patent No. 12,481,404. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of Claim 17 of the instant application is entirely overlapped in scope by Claims 1, 6, and 8 of the cited U.S. Patent.
Claims 17 of Instant Application
Claims 1, 6, and 8 of U.S. 12,481,404
1. A display device, comprising a display panel, wherein the display panel comprises a base substrate, a driving layer, a pixel layer and a touch layer stacked sequentially; wherein, in a peripheral area of the display panel, the driving layer is provided with a touch pin and a touch relay wire connected with the touch pin;
the touch layer comprises a touch organic layer and a touch metal layer buried in the touch organic layer, and the touch metal layer is formed with a touch channel and a touch wiring connected with the touch channel;
wherein, the touch organic layer exposes the touch pin, and an end of the touch relay wire away from the touch pin extends between the touch organic layer and the base substrate;
the touch wiring does not protrude out of the touch organic layer, and the touch wiring is electrically connected to the end of the touch relay wire away from the touch pin through a via hole,
wherein
the touch organic layer comprises a first touch organic layer, a second touch organic layer and a third touch organic layer sequentially stacked on a side of the pixel layer away from the base substrate; the touch metal layer comprises a first touch metal layer sandwiched between the first touch organic layer and the second touch organic layer, and a second touch metal layer sandwiched between the second touch organic layer and the third touch organic layer;
the touch metal layer further comprises pin protection parts, and the pin protection parts comprise a first pin protection part located on the first touch metal layer and a second pin protection part located on the second touch metal layer;
an orthographic projection of the touch pin on the base substrate is located within an orthographic projection of the first pin protection part on the base substrate; and the orthographic projection of the first pin protection part on the base substrate is located within an orthographic projection of the second pin protection part on the base substrate.
1. A display panel, comprising a base substrate, a driving layer, a pixel layer and a touch layer stacked sequentially; wherein, in a peripheral area of the display panel, the driving layer is provided with a touch pin and a touch relay wire connected with the touch pin; the driving layer comprises a source-drain metal layer and a passivation layer for protecting the source-drain metal layer; the source-drain metal layer comprises a first source-drain metal layer and a second source-drain metal layer sequentially stacked on a side of the base substrate, and the passivation layer is located between the first source-drain metal layer and the second source-drain metal layer; the touch layer comprises a touch organic layer and a touch metal layer buried in the touch organic layer, and the touch metal layer is formed with a touch channel and a touch wiring connected with the touch channel;
wherein, the touch organic layer exposes the touch pin, and an end of the touch relay wire away from the touch pin extends between the touch organic layer and the base substrate;
a part of the touch relay wire between the touch pin and the touch organic layer is covered by the passivation layer;
the touch relay wire is located in the first source-drain metal layer; the second source-drain metal layer comprises transfer metal parts corresponding to respective touch relay wires one by one, and the end of the touch relay wire away from the touch pin is connected with a corresponding one of the transfer metal parts; and
the touch wiring does not protrude out of the touch organic layer, and an end of the touch wiring away from the touch channel is electrically connected to the end of the touch relay wire away from the touch pin through the transfer metal part.
6. The display panel according to claim 1, wherein the touch metal layer further comprises pin protection parts corresponding to respective touch pins one by one, the pin protection part is overlapped and electrically connected with a corresponding one of the touch pins; and a gap exists between the pin protection part and an edge of the touch organic layer.
8. The display panel according to claim 6, wherein the touch organic layer comprises a first touch organic layer, a second touch organic layer and a third touch organic layer sequentially stacked on a side of the pixel layer away from the base substrate; the touch metal layer comprises a first touch metal layer sandwiched between the first touch organic layer and the second touch organic layer, and a second touch metal layer sandwiched between the second touch organic layer and the third touch organic layer;
the pin protection part comprises a first pin protection part located on the first touch metal layer and a second pin protection part located on the second touch metal layer;
an orthographic projection of the touch pin on the base substrate is located within an orthographic projection of the first pin protection part on the base substrate; and the orthographic projection of the first pin protection part on the base substrate is located within an orthographic projection of the second pin protection part on the base substrate.
Claim 17 of the instant application is merely a broader representation of Claims 1, 6, and 8 of the cited U.S. Patent, and the scope of Claim 17 of the instant application is entirely overlapped by the scope of Claims 1, 6, and 8 of the cited U.S. Patent.
The only difference between Claim 17 of the instant application and Claims 1, 6, and 8 of the cited U.S. Patent is that Claim 17 of the instant application recites that “the touch wiring is electrically connected to the end of the touch relay wire away from the touch pin through a via hole,” while Claim 1 of the cited U.S. Patent recites that “the touch wiring is electrically connected to the end of the touch relay wire away from the touch pin through the transfer metal part.” However, as recited in Claim 1 of the cited U.S. Patent, the claimed “touch wiring” is formed in a “touch metal layer,” while the claimed “touch relay wire” is formed in a “first source-drain metal layer.” The claimed “touch metal layer” is formed in the claimed “touch layer,” while the claimed “first source-drain metal layer” is formed in the claimed “driving layer.” The claimed “base substrate,” “driving layer,” “pixel layer,” and “touch layer” are claimed to be “stacked sequentially.” Therefore, the claimed “touch wiring” necessarily requires a “via hole” in order to be “electrically connected to the end of the touch relay wire away from the touch pin through the transfer metal part.” Thus, there is no patentable distinction between the claimed “touch wiring… electrically connected to the end of the touch relay wire away from the touch pin through a via hole,” as recited in Claim 17 of the instant application, and the claimed “touch wiring… electrically connected to the end of the touch relay wire away from the touch pin through the transfer metal part,” as recited in Claim 1 of the cited U.S. Patent, as both “electrical connections” necessarily require “a via hole.”
Further, while Claim 17 of the instant application is directed to a “display device” comprising the claimed “display panel,” and Claim 1 of the cited U.S. Patent is merely directed to the claimed “display panel,” the claimed “display panel” of Claim 1 of the cited U.S. Patent must inherently be provided in some arbitrary “display device.” Thus, the recitation of a “display device” comprising the claimed “display panel,” as recited in Claim 17 of the instant application, does not patentably distinguish Claim 17 of the instant application from Claim 1 of the cited U.S. Patent.
Therefore, Claim 17 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 6, and 8 of U.S. Patent No. 12,481,404.
Claim 18 is rejected on the ground of nonstatutory double patenting for the same reasons as applied to Claim 17 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Won et al. (US 2021 / 0200364) discloses (see Fig. 2 and Fig. 6) a display panel (10; see Page 2, Para. [0039]), comprising a base substrate (110), a driving layer (100), a pixel layer (200) and a touch layer (400; see Page 3, Para. [0050]-[0051] and Page 4, Para. [0053]) stacked sequentially; wherein, in a peripheral area (NA) of the display panel (10), the driving layer (100) is provided with a touch pin (T-PD) and a touch relay wire (450) connected with the touch pin (T-PD); the touch layer (400) comprises a touch organic layer (440, 430, 420, 410) and a touch metal layer (TE, 460) buried in the touch organic layer (440, 430, 420, 410), and the touch metal layer (TE, 460) is formed with a touch channel (TE) and a touch wiring (460) connected with the touch channel (TE);
wherein, the touch organic layer (440, 430, 420, 410) exposes the touch pin (T-PD), and an end of the touch relay wire (450) away from the touch pin (T-PD) extends between the touch organic layer (440, 430, 420, 410) and the base substrate (110);
the touch wiring (460) does not protrude out of the touch organic layer (440, 430, 420, 410), and the touch wiring (460) is electrically connected to the end of the touch relay wire (450) away from the touch pin (T-PD) through a via hole (433; see Page 5, Para. [0067]-[0069], [0071], and [0074]-[0075]; Page 7, Para. [0090] and [0092]; and Page 8, Para. [0097]-[0098], [0100], [0102], and [0104]),
wherein the touch organic layer (440, 430, 420, 410) comprises a first touch organic layer (440), a second touch organic layer (430) and a third touch organic layer (420) sequentially stacked on a side of the pixel layer (200) away from the base substrate (110); the touch metal layer (TE, 460) comprises a first touch metal layer (TE1, TE2) sandwiched between the first touch organic layer (440) and the second touch organic layer (430), and a second touch metal layer (BE1) sandwiched between the second touch organic layer (430) and the third touch organic layer (420; again, see Page 7, Para. [0090] and [0092] and Page 8, Para. [0097]-[0098]), and
the touch metal layer (TE, 460) further comprises pin protection parts (510, 520), and the protection parts (510, 520) comprise a first pin protection part (510) and a second pin protection part (520; see Page 8, Para. [0102], and [0104]).
Lee (US 2022 / 0344441), Lin et al. (US 11,144,145), Baek et al. (US 10,795,472), and Song et al. (US 2018 / 0329552) all disclose display panels comprising touch layers having structures that include touch pins and/or touch relay wires that are relevant to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON M MANDEVILLE whose telephone number is (571)270-3136. The examiner can normally be reached Mon - Fri 7:30AM-4:00PM.
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/JASON M MANDEVILLE/Primary Examiner, Art Unit 2623
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