Detailed Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Obviousness-Type Double Patenting
3. 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 Langi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761(CCPA1982); 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 §§ 706.02(1)(1) - 706.02(1)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process /file/ efs/quidance/eTD-info-l.jsp.
4. Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12477908 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Present application (19392126) US Patent 12477908 B2
Claim 1
Claim 1
An electronic device, comprising:
A display device, comprising:
a first substrate;
a first substrate;
a conductive layer comprising a first voltage line configured to supply a first voltage, a second voltage line configured to supply a second voltage, and a third voltage line spaced from each other along a first direction on the first substrate, the first voltage being different from the second voltage;
a conductive layer comprising a first voltage line configured to supply a first voltage, a second voltage line configured to supply a second voltage, and a third voltage line spaced from each other along a first direction on the first substrate, the first voltage being different from the second voltage;
an interlayer insulating layer on the conductive layer;
an interlayer insulating layer on the conductive layer;
first and second electrodes on the interlayer insulating layer and spaced from each other along the first direction;
first and second electrodes on the interlayer insulating layer and spaced from each other along the first direction;
a plurality of light emitting elements having at least one end on and overlapping the first electrode or the second electrode;
a plurality of light emitting elements having at least one end on and overlapping the first electrode or the second electrode;
a first contact electrode on first ends of some of the plurality of light emitting elements and not overlapping the first electrode and the second electrode; and a second contact electrode on second ends of some of the plurality of light emitting elements,
a first contact electrode on first ends of some of the plurality of light emitting elements and not overlapping the first electrode and the second electrode; and a second contact electrode on second ends of some of the plurality of light emitting elements,
wherein the first electrode and the second electrode do not overlap the first voltage line and the third voltage line, respectively,
wherein the first electrode and the second electrode do not overlap the first voltage line and the third voltage line, respectively,
wherein the plurality of light emitting elements comprises first light emitting elements on the first electrode and the first voltage line, and second light emitting elements on the second electrode and the third voltage line, and
wherein the plurality of light emitting elements comprises first light emitting elements on the first electrode and the first voltage line, and second light emitting elements on the second electrode and the third voltage line, and
wherein the first voltage line, the second voltage line, and the third voltage line are located at a layer that is different from a layer in which the first contact electrode is located.
wherein the first voltage line, the second voltage line, and the third voltage line are located at a layer that is different from a layer in which the first contact electrode is located.
As shown in the comparison above, the instant application claim 1 is broader or same in every aspect than the patent claim 1 of US 12477908 B2 and is therefore an obvious variant thereof. Claims 2-14 recite the same or similar limitations as claims 2-14 of US 12477908 B2, and therefore are rejected.
5. Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 12477908 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Present application (19392126) US Patent 12477908 B2
Claim 15
Claim 15
An electronic device, comprising:
A display device, comprising:
a first substrate;
a first substrate;
a conductive layer comprising a first voltage line configured to supply a first voltage, and a second voltage line configured to supply a second voltage, on the first substrate and spaced from each other along a first direction and extending in a second direction, the first voltage being different from the second voltage;
a conductive layer comprising a first voltage line configured to supply a first voltage, and a second voltage line configured to supply a second voltage, on the first substrate and spaced from each other along a first direction and extending in a second direction, the first voltage being different from the second voltage;
an interlayer insulating layer on the conductive layer;
an interlayer insulating layer on the conductive layer;
a first electrode extending in the second direction and on the interlayer insulating layer, the first electrode overlapping the second voltage line;
a first electrode extending in the second direction and on the interlayer insulating layer, the first electrode overlapping the second voltage line;
a plurality of light emitting elements, at least one of the light emitting elements having one end on the first electrode and extending in one direction;
a plurality of light emitting elements, at least one of the light emitting elements having one end on the first electrode and extending in one direction;
a first contact electrode on an other end of the light emitting element; and a second contact electrode on the one end of the light emitting element and contacting the first electrode,
a first contact electrode on an other end of the light emitting element; and a second contact electrode on the one end of the light emitting element and contacting the first electrode,
wherein the first electrode and the first voltage line do not overlap each other in a thickness direction of the first substrate, and
wherein the first electrode and the first voltage line do not overlap each other in a thickness direction of the first substrate, and
wherein the first voltage line and the second voltage line are located at a layer that is different from a layer in which the first contact electrode is located.
wherein the first voltage line and the second voltage line are located at a layer that is different from a layer in which the first contact electrode is located.
As shown in the comparison above, the instant application claim 15 is broader or same in every aspect than the patent claim 15 of US 12477908 B2 and is therefore an obvious variant thereof. Claims 16-17 recite the same or similar limitations as claims 16-17 of US 12477908 B2, and therefore are rejected.
Allowable Subject Matter
5. Claims 1-20 would be allowable if double patenting rejections are overcome. The following is an examiner’s statement of reasons for allowance: The present invention is directed to a display. The closet prior arts, Shibata (US 20110089850 A1), Shibata (US 20120326181 A1), Cho (US 20180019369 A1), Choi (US 20200212268 A1), Shibata (US 20110089850 A1), Im (US 20190115513 A1), Xi (US 10468394 B1), and Kwon (US 20200119244 A1), individually or in combination, discloses a display similar to the claimed invention, comprising: a first substrate; a conductive layer comprising a first voltage line configured to supply a first voltage, a second voltage line configured to supply a second voltage, and a third voltage line spaced from each other along a first direction on the first substrate, the first voltage being different from the second voltage; an interlayer insulating layer on the conductive layer; first and second electrodes on the interlayer insulating layer and spaced from each other along the first direction; a plurality of light emitting elements comprises first light emitting elements on the first electrode and the first voltage line, and second light emitting elements on the second electrode and the third voltage line, and wherein the first voltage line, the second voltage line, and the third voltage line are located at a layer that is different from a layer in which the first contact electrode is located, but fails to teach wherein the first voltage line and the second voltage line are located at a layer that is different from a layer in which the first contact electrode is located, and the plurality of light emitting elements having at least one end on and overlapping the first electrode or the second electrode; a first contact electrode on first ends of some of the plurality of light emitting elements and not overlapping the first electrode and the second electrode.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YUZHEN SHEN whose telephone number is (571)272-1407. The examiner can normally be reached on Monday-Thursday 8:30am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh Nguyen can be reached on 571-272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YUZHEN SHEN/Primary Examiner, Art Unit 2623
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