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 Objections
Claim 4 is objected to because of the following informalities: “at least one of lines formed in the display area”. Should be --touch lines-- Appropriate correction is required.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-8 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over the claims of US Patent No 12,561,018 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims in the instant application and the patent are substantially identical in structural and functional characteristics. For example:
Instant Application
US Patent No 12,561,018 B2
Explanation
1. An electronic device including a display device, wherein the display device comprising: a display panel including a display area and a non-display area around the display area, the display panel including a plurality of pixels disposed in the display area; a touch sensing unit that includes a plurality of touch electrodes arranged on a front surface of the display panel; and a touch driving circuit supplying driving signals to the plurality of touch electrodes through a plurality of touch lines and detecting coordinates of a touch position of the touch sensing unit, wherein the plurality of touch lines are formed and disposed in a rear surface direction of at least one touch electrode so as to overlap the at least one touch electrode of the plurality of touch electrodes, the plurality of touch electrodes are respectively connected to the plurality of touch lines through at least one touch contact hole, and the plurality of touch lines are formed of a same metal material on a same process layer as at least one electrode included in the plurality of pixels formed in the display area,
wherein the plurality of touch electrodes include driving electrodes and sensing electrodes arranged alternately in a matrix structure
and connection electrodes connecting the driving electrodes or sensing electrodes
in plan view on the front surface of the display area.
1. A display device comprising: a display panel including a display area and a non-display area around the display area, the display panel including a plurality of pixels disposed in the display area; a touch sensing unit that includes a plurality of touch electrodes arranged on a front surface of the display panel; and a touch driving circuit supplying driving signals to the plurality of touch electrodes through a plurality of touch lines and detecting coordinates of a touch position of the touch sensing unit, wherein the plurality of touch lines are formed and disposed in a rear surface direction of at least one touch electrode so as to overlap the at least one touch electrode of the plurality of touch electrodes, the plurality of touch electrodes are respectively connected to the plurality of touch lines through at least one touch contact hole, the plurality of touch lines are formed of a same metal material on a same process layer as at least one electrode included in the plurality of pixels formed in the display area,
wherein the plurality of touch electrodes include driving electrodes and sensing electrodes arranged alternately in a matrix structure
a connection electrode of a thin film transistor
3. wherein the plurality of touch electrodes include driving electrodes and sensing electrodes arranged alternately in a matrix structure in plan view on the front surface of the display area,
Connection electrodes are used to connect other electrodes.
In regards to instant claims 2-8, all limitations of these claims are contained in the claims of the ‘018 patent as follows:
Instant Application
US Patent No 12,561,018 B2
2
1, 2
3
2, 3
4
4
5
5
6
6
7
7
8
10
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites “wherein the plurality of touch electrodes include driving electrodes and sensing electrodes arranged alternately in a matrix structure and connection electrodes connecting the driving electrodes or sensing electrodes in plan view on the front surface of the display area”. It is not clear which electrodes are “in plan view on the front surface of the display area”.
Since claims 2-8 depend on claim 1, claims 2-8 are rejected under 35 U.S.C. 112(b) as well.
Conclusion
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/YARON COHEN/Examiner, Art Unit 2626
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