DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
This application discloses and claims only subject matter disclosed in prior Application No. 18247367, filed 3/30/2023, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12449904. Although the claims at issue are not identical, they are not patentably distinct from each other because both applications recite substantially similar claim limitations.
19/341707
U.S. Patent No. 12449904
1. A tactile reproduction display panel, comprising:
a display panel comprising a base substrate and a plurality of pixel units on the base substrate; and
a plurality of piezoelectric vibration devices,
wherein each of the piezoelectric vibration devices comprises a driver electrode structure and a piezoelectric layer, and the driver electrode structure is configured to drive the piezoelectric layer to deform so as to generate vibration;
the display panel comprises a light exiting surface,
the light exiting surface is configured to emit light, and the plurality of piezoelectric vibration devices are at a side of the light exiting surface close to the base substrate,
the plurality of piezoelectric vibration devices are at a side of the base substrate close to the light exiting surface,
the plurality of piezoelectric vibration devices are arranged side by side with at least part of the plurality of pixel units on the base substrate,
the plurality of pixel units comprise a plurality of first pixel units and a plurality of second pixel units, the first pixel units and the plurality of piezoelectric vibration devices are arranged side by side on the base substrate, and the second pixel units are at a side of at least part of the plurality of piezoelectric vibration devices away from the base substrate.
1. A tactile reproduction display panel, comprising:
a display panel comprising a base substrate and a plurality of pixel units on the base substrate; and
a plurality of piezoelectric vibration devices,
wherein each of the piezoelectric vibration devices comprises a driver electrode structure and a piezoelectric layer, and the driver electrode structure is configured to drive the piezoelectric layer to deform so as to generate vibration;
the display panel comprises a light exiting surface, the light exiting surface has a first side and a second side in a direction perpendicular to the base substrate, the light exiting surface is configured to emit light to the first side, and the plurality of piezoelectric vibration devices are at the second side of the light exiting surface,
the plurality of piezoelectric vibration devices are at a side of the base substrate close to the light exiting surface,
the plurality of piezoelectric vibration devices are arranged side by side with at least part of the plurality of pixel units on the base substrate,
the display panel comprises a display area and a peripheral area surrounding the display area, and an orthographic projection of at least part of the plurality of piezoelectric vibration devices on the display panel overlaps with the display area,
the plurality of pixel units comprise a plurality of first pixel units and a plurality of second pixel units, the first pixel units and the plurality of piezoelectric vibration devices are arranged side by side on the base substrate, and the second pixel units are at a side of at least part of the plurality of piezoelectric vibration devices away from the base substrate.
In the interest of compact prosecution, Examiner called Attorney Dexter T Chang on 6/17/2026 to file terminal disclaimer to overcome double patenting issue.
Examiner followed up call Attorney Chang and left a voice mail on 6/30/2026.
No replied was received from attorney.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20200213768 A1 discloses piezoelectric member on [0070]
US 20190333971 A1 discloses light existing surface on [0088]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN-NAN LIN whose telephone number is (571)272-5646. The examiner can normally be reached Monday - Thursday 7:30am - 6pm.
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, Benjamin C Lee can be reached at 571-2722963. 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.
/CHUN-NAN LIN/Primary Examiner, Art Unit 2629
Prosecution Insights