DETAILED ACTION
Notice of 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 .
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.
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Claims 1, 5 – 6, 8 – 9, 12 – 13, 15, and 18 – 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 12,591,326 B2 (cited in IDS filed June 29, 2026) in view of Kim et al. (United State Patent Application Publication US 2022/0328590 A1 (listed on IDS filed July 15, 2024 in parent application 18/773,080).
Regarding Claim 1 of the instant application, Claim 16 discloses “A display comprising: a cover layer defining a first plane and positioned as a topmost layer; an array of pixels defining a second plane parallel to the first plane and disposed underneath the cover layer, the array of pixels having a first area along the second plane” (Claim 1, Column 19, Lines 33 – 39), “comprising at least one diode, the array of pixels having an inner region and an outer region, the outer region surrounding at least a portion of a perimeter of the inner region and comprising an extended emitting area” (Claim 1, Column 19, Lines 39 – 43), “a plurality of transistors defining a third plane substantially parallel to the second plane and positioned underneath the array of pixels, the plurality of transistors configured to control an electrical activation of one or more pixels within the array of pixels, the plurality of transistors having a second area along the third plane, the first area having an area larger than the second area, at least a portion of a difference in the areas including at least a portion of the extended emitting area, the plurality of transistors comprising an internal region and an external region, the external region surrounding at least a portion of a perimeter of the internal region” (Claim 1, Column 19, Lines 44 – 55), “a touch sensor configured to detect user input” (Claim 1, Column 19, Line 59), “and one or more touch trace routings operatively coupled to the touch sensor, the one or more touch trace routings defining a fourth plane that is parallel to the first plane and disposed between the cover layer and array of pixels in the extended emitting area, the one or more touch trace routings being routed in the fourth plane above the second plane in non-emitting areas of the extended emitting area” (Claim 1, Column 19, Lines 60 - 64 and Claim 16, Column 20, Line 66 through Column 21, Line 4). However, Claim 16 fails to explicitly disclose “each pixel of the array of pixels” comprising at least a diode.
In a similar field of endeavor, Kim teaches each pixel having at least a diode (Fig 8E (Notice that each pixel of FDA, MDA, and CDA provides a least one diode for light emission.)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “each pixel of the array of pixels” comprising at least a diode because one having ordinary skill in the art would want each pixel to contribute to imaging.
Regarding Claim 5 of the instant application, Claim 16 and Kim disclose/ teach everything claimed as applied above (See Claim 1). In addition, Claim 16 fails to explicitly disclose “wherein the touch sensor is at least partially disposed in the extended emitting area”, but Kim teaches such a configuration (Figure 2C (Notice that the touch sensor provided by TSL extends in to the extended emitting area CDA.)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “wherein the touch sensor is at least partially disposed in the extended emitting area” because one having ordinary skill in the art would want to detect touch in any portion of an interface.
Regarding Claim 6 of the instant application, Claim 16 and Kim disclose/ teach everything claimed as applied above (See Claim 5). In addition, Claim 16 fails to explicitly disclose “wherein the touch sensor is at least partially disposed in the inner region”, but Kim teaches such a configuration (Figure 2C (Notice that the touch sensor provided by TSL extends in to the inner region of FDA and MDA.)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “each pixel of the array of pixels” because one having ordinary skill in the art would want to detect touch in any portion of an interface.
Regarding Claim 8 of the instant application, Claim 16 and Kim disclose/ teach everything claimed as applied above (See Claim 1). In addition, Claim 16 fails to explicitly disclose “wherein the one or more touch trace routings are further disposed between the cover layer and one or more pixels of the array of pixels outside of the extended emitting area”. However, Kim teaches that the TSL may include a touch electrode and touch traces or wires connected to the touch electrode, where TSL is outside of the extended emitting area CDA in FDA or MDA.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide for “wherein the one or more touch trace routings are further disposed between the cover layer and one or more pixels of the array of pixels outside of the extended emitting area” because one having ordinary skill in the art would want to connect a touch sensor to a touch driving circuit.
Regarding Claim 9 of the instant application, Claim 16 and Kim disclose/ teach everything claimed as applied above (See Claim 1). In addition, Claim 16 discloses “wherein: the internal region comprises a first transistor density; and the external region comprises a second transistor density” (Claim 1, Column 19, Lines 56 – 58).
Regarding Claim 12 of the instant application, Claim 16 and Kim disclose/ teach everything claimed as applied above (See Claim 1). In addition, Claim 16 fails to explicitly disclose “driving circuitry positioned at least partially within the third plane and at least partially underneath the extended emitting area, the driving circuitry configured to control one or more transistors of the plurality of transistors”. However, Kim teaches that driving circuitry DC-TFT is provided at least partially in the third plane as described above and at least partially underneath the extend emitting area including COLED (in the CDA area) (Figure 8B).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “driving circuitry positioned at least partially within the third plane and at least partially underneath the extended emitting area, the driving circuitry configured to control one or more transistors of the plurality of transistors” because one having ordinary skill in the art would want to enable display driving.
Regarding Claim 13 of the instant application, Claim 16 and Kim disclose/ teach everything claimed as applied above (See Claim 12). In addition, Claim 16 fails to explicitly disclose “a plurality of routing metals operatively coupling one or more pixels of the array of pixels to the plurality of transistors, at least one routing metal of the plurality of routing metals extending from the third plane to the second plane into the extended emitting area such that at least one pixel of the one or more pixels is disposed above at least portions of the driving circuitry”. However, Kim teaches such a configuration (Figure 8B (Notice the pixel electrodes 211 plurality of conductive routing metal the couple one or more pixels of the array in CDA to the plural of transistors in MDA. Also, notice that at least one routing metal 211 extends from the top of the third plane to the second plane of pixel COLED so that at least one pixel is above a portion of driving circuity DC-TFT.)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “driving circuitry positioned at least partially within the third plane and at least partially underneath the extended emitting area, the driving circuitry configured to control one or more transistors of the plurality of transistors” because one having ordinary skill in the art would want to enable display driving.
Regarding Claim 15 of the instant application, Claim 16 and Kim disclose/ teach everything claimed as applied above (See Claim 1). Specifically, refer back to the arguments of Claim 1 regarding the combination of Claim 16 and Kim providing for the display of Claim instant Claim 1 and notice that Claim 16 and Kim provide for every portion of the display of Claim 1 such that the method of manufacturing of Claim 15 is met by the combined display of Claim 16 and Kim.
Regarding Claim 18 of the instant application, Claim 16 and Kim disclose/ teach everything claimed as applied above (See Claim 15). In addition, Claim 16 fails to explicitly disclose “wherein providing of the touch sensor further comprises disposing the touch sensor at least partially in the extended emitting area”, but Kim teaches such a configuration (Figure 2C (Notice that the touch sensor provided by TSL extends in to the extended emitting area CDA.)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “wherein providing of the touch sensor further comprises disposing the touch sensor at least partially in the extended emitting area” because one having ordinary skill in the art would want to detect touch in any portion of a generated interface.
Regarding Claim 19 of the instant application, Claim 16 and Kim disclose/ teach everything claimed as applied above (See Claim 18). In addition, Claim 16 fails to explicitly disclose “wherein the disposing of the touch sensor further comprises disposing the touch sensor at least partially disposed in the inner region”, but Kim teaches such a configuration (Figure 2C (Notice that the touch sensor provided by TSL extends in to the inner region of FDA and MDA.)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “wherein the disposing of the touch sensor further comprises disposing the touch sensor at least partially disposed in the inner region” because one having ordinary skill in the art would want to detect touch in any portion of a generated interface.
Claims 2 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 12,591,326 B2. in view of Kim, and further in view of view of Kim et al. (United State Patent Application Publication US 2019/0079623 A1, cited in parent application 18/773,080), hereinafter referenced as Kim(II).
Regarding Claim 2 of the instant application, Claim 16 discloses everything claimed as applied above (See Claim 1). In addition, Claim 16 and Kim fails to explicitly disclose “wherein a first touch trace routing of the one or more touch trace routings is disposed in a region of the fourth plane that does not overlap, along a vertical axis that is perpendicular to the second plane, diodes of the array of pixels”. However, Kim(II) shows a touch display device 100 with touch trace routing lines TL in areas of a plane that do not overlap with pixel areas lining up with common touch electrodes TE of the display in another plane via a vertical axis that is perpendicular to said another plane of the pixel areas (Figure 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide for “wherein a first touch trace routing of the one or more touch trace routings is disposed in a region of the fourth plane that does not overlap, along a vertical axis that is perpendicular to the second plane, diodes of the array of pixels” because one having ordinary skill in the art would want to connect a touch sensor to a touch driving circuit.)).
Regarding Claim 16 of the instant application, Claim 16 of U.S. Patent No. 12,591,326 B2, Kim, and Kim(II) disclose/ teach everything claimed as applied above (See Claim 15), In addition, Claim 16 and Kim fails to explicitly disclose “wherein the providing of the one or more touch trace routings comprises disposing a first touch trace routings in a region of the fourth plane that does not overlap, along a vertical axis that is perpendicular to the second plane, diodes of the array of pixels”. However, Kim(II) shows providing a touch display device 100 with touch trace routing lines TL in areas of a plane that do not overlap with pixel areas lining up with common touch electrodes TE of the display in another plane via a vertical axis that is perpendicular to said another plane of the pixel areas (Figure 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide for “wherein the providing of the one or more touch trace routings comprised disposing a first touch trace routings in a region of the fourth plane that does not overlap, along a vertical axis that is perpendicular to the second plane, diodes of the array of pixels” because one having ordinary skill in the art would want to connect a touch sensor to a touch driving circuit.)).
Claim Rejections - 35 USC § 103
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 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.
Claims 1 – 2, 5 – 6, 8, 12 – 13, 15 – 16, and 18 - 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kim(II).
Regarding Claim 1, Kim discloses “A display comprising: a cover layer defining a first plane and positioned as a topmost layer” (Figure 2C, Paragraph [0030], and Paragraph [0067], Item ‘CW’ (cover window) and ‘1’ (display device) (Notice that a display with a cover layer CW defining a first plane and positioned as a topmost layer is provided.)), “an array of pixels defining a second plane parallel to the first plane and disposed underneath the cover layer” (Figure 2C, Item ‘10’ (display panel) (Notice that an array of pixels defining a second plane in display panel 10 is provided and that 10 is parallel to the first plane of CW and disposed underneath CW.)), “the array of pixels having a first area along the second plane” (Figure 2C (Notice that the array of pixels in display panel 10 has a first area along the second curved plane of display panel 10 that includes FDA, MDA, and CDA.)), “each pixel of the array of pixels comprise at least one diode; and the array of pixels comprises an inner region and an outer region, the outer region surrounding at least a portion of a perimeter of the inner region and comprising the extended emitting area” (Fig 8E (Notice that each pixel of FDA, MDA, and CDA provides a least one diode for light emission and that the array comprises an inner region of MDA and FDA combined and outer region of CDA. Also, notice that the outer region of CDA surrounds at least a portion of the perimeter of the described inner region and provided the extended emitting area.)), “a touch sensor configured to detect user input” (Figure 2C, Item TSL (Notice that touch screen layer TSL provides a touch sensor configured to detect user input.), “a plurality of transistors defining a third plane substantially parallel to the second plane and positioned underneath the array of pixels, the plurality of transistors configured to control an electrical activation of one or more pixels within the array of pixels, the plurality of transistors having a second area along the third plane, the first area having an area larger than the second area, at least a portion of a difference in the areas being an extended emitting area” (Figures 2C, 8A (Notice plural transistors (pixel circuits in MDA) in a third plane below and parallel to the plane of the pixels of display panel 10 (pixels in CDA and those not shown in MDA), where the plural transistors control pixels in the array, have a second array along the described third plane, where the first area described above with all pixels is greater than the second area occupied by the transistors in the pixel circuit area in MDA, and the difference between area is the extended emitting area found in CDA.)), “the plurality of transistors comprise an internal region and an external region, the external region surrounding at least a portion of a perimeter of the internal region” (Figure 8A (Notice that the plurality of transistors of the pixel circuits comprise an internal region farthest away from CDA in the x-axis direction and an external region closest to CDA in the x-axis direction, where the external region surrounds at least a portion of perimeter of the internal region.)), “a touch sensor configured to detect user input” (Figure 2C, Paragraph [0067], Item ‘TSL’ (touch screen layer) (Notice that a touch sensor of touch screen layer is configured to detect user input.)). However, Kim fails to explicitly disclose “one or more touch trace routings operatively coupled to the touch sensor, the one or more touch trace routings define a fourth plane parallel to the first plane and are disposed between the cover layer and the array of pixels in the extended emitting area, and the one or more touch trace routings are routed in the fourth plane above the second plane in non-emitting areas of the extended emitting area”.
In a similar field of endeavor, Kim(II) teaches a touch sensor layer with touch electrodes TE and touch lines TL that provide a fourth plane to overlap a display layer in a second plane with data lines DL, where the touch lines TL extend past the outermost areal boundary of the display to connect to touch driving circuit 120 (Figure 1, Items ‘110’ (touch display panel), ‘TE’ (touch electrode), ‘TL’ (touch line), ‘DL’ (data line), and Paragraphs [0036] and [0050] – [0051]) and where the fourth plane is parallel to a first plane at a touch sensor layer outer covering surface, where the touch lines TL do not overlap a pixel electrode PXL in an emission area (Figure 1, Items ‘110’ (touch display panel), ‘TE’ (touch electrode), ‘TL’ (touch line), ‘DL’ (data line), and Paragraphs [0036] and [0050] – [0051], and Figure 3 (Notice that touch line TL does not overlap the pixel electrode PXL.)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide for “one or more touch trace routings operatively coupled to the touch sensor, the one or more touch trace routings define a fourth plane parallel to the first plane and are disposed between the cover layer and the array of pixels in the extended emitting area, and the one or more touch trace routings are routed in the fourth plane above the second plane in non-emitting areas of the extended emitting area” because one having ordinary skill in the art would want to connect a touch sensor to a touch driving circuit.)).
Regarding Claim 2, Kim and Kim(II) disclose/ teach everything claimed as applied above (See Claim 1), In addition, Kim fails to explicitly disclose “wherein a first touch trace routing of the one or more touch trace routings is disposed in a region of the fourth plane that does not overlap, along a vertical axis that is perpendicular to the second plane, diodes of the array of pixels”. However, Kim(II) shows a touch display device 100 with touch trace routing lines TL in areas of a plane that do not overlap with pixel areas lining up with common touch electrodes TE of the display in another plane via a vertical axis that is perpendicular to said another plane of the pixel areas (Figure 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide for “wherein a first touch trace routing of the one or more touch trace routings is disposed in a region of the fourth plane that does not overlap, along a vertical axis that is perpendicular to the second plane, diodes of the array of pixels” because one having ordinary skill in the art would want to connect a touch sensor to a touch driving circuit.)).
Regarding Claim 5, Kim and Kim(II) disclose/ teach everything claimed as applied above (See Claim 1). In addition, Kim discloses “wherein the touch sensor is at least partially disposed in the extended emitting area” (Figure 2C (Notice that the touch sensor provided by TSL extends in to the extended emitting area CDA.)).
Regarding Claim 6, Kim and Kim(II) disclose/ teach everything claimed as applied above (See Claim 5). In addition, Kim discloses “wherein the touch sensor is at least partially disposed in the inner region” (Figure 2C (Notice that the touch sensor provided by TSL extends in to the inner region of FDA and MDA.)).
Regarding Claim 8, Kim and Kim(II) disclose/ teach everything claimed as applied above (See Claim 1). In addition, Kim fails to explicitly disclose “wherein the one or more touch trace routings are further disposed between the cover layer and one or more pixels of the array of pixels outside of the extended emitting area”. However, Kim teaches that the TSL may include a touch electrode and touch traces or wires connected to the touch electrode, where TSL is outside of the extended emitting area CDA in FDA or MDA.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide for “wherein the one or more touch trace routings are further disposed between the cover layer and one or more pixels of the array of pixels outside of the extended emitting area” because one having ordinary skill in the art would want to connect a touch sensor to a touch driving circuit.
Regarding Claim 12, Kim and Kim(II) disclose/ teach everything claimed as applied above (See Claim 1). In addition, Kim discloses “driving circuitry positioned at least partially within the third plane and at least partially underneath the extended emitting area, the driving circuitry configured to control one or more transistors of the plurality of transistors” (Figure 8B (Notice driving circuitry DC-TFT is provided at least partially in the third plane as described above and at least partially underneath the extend emitting area including COLED (in the CDA area).).
Regarding Claim 13, Kim and Kim(II) disclose/ teach everything claimed as applied above (See Claim 12). In addition, Kim discloses “a plurality of routing metals operatively coupling one or more pixels of the array of pixels to the plurality of transistors, at least one routing metal of the plurality of routing metals extending from the third plane to the second plane into the extended emitting area such that at least one pixel of the one or more pixels is disposed above at least portions of the driving circuitry” (Figure 8B (Notice the pixel electrodes 211 plurality of conductive routing metal the couple or more pixels of the array in CDA to the plural of transistors in MDA. Also, notice that at least one routing metal 211 extends from the top of the third plane to the second plane of pixel COLED so that at least one pixel is above a portion of driving circuity DC-TFT.)).
Regarding Claim 15, Kim and Kim(II) disclose/ teach everything claimed as applied above (See Claim 1). Specifically, refer back to the arguments of Claim 1 regarding the combination of Kim and Kim(II) providing for the display of Claim 1 and notice that Kim and Kim(II) provide for every portion of the display of Claim 1 such that the method of manufacturing of Claim 15 is met by the combined display of Kim and Kim(II).
Regarding Claim 16, Kim and Kim(II) disclose/ teach everything claimed as applied above (See Claim 15), In addition, Kim fails to explicitly disclose “wherein the providing of the one or more touch trace routings comprised disposing a first touch trace routings in a region of the fourth plane that does not overlap, along a vertical axis that is perpendicular to the second plane, diodes of the array of pixels”. However, Kim(II) shows providing a touch display device 100 with touch trace routing lines TL in areas of a plane that do not overlap with pixel areas lining up with common touch electrodes TE of the display in another plane via a vertical axis that is perpendicular to said another plane of the pixel areas (Figure 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide for “wherein the providing of the one or more touch trace routings comprised disposing a first touch trace routings in a region of the fourth plane that does not overlap, along a vertical axis that is perpendicular to the second plane, diodes of the array of pixels” because one having ordinary skill in the art would want to connect a touch sensor to a touch driving circuit.)).
Regarding Claim 18, Kim and Kim(II) disclose/ teach everything claimed as applied above (See Claim 15). In addition, Kim discloses “wherein providing of the touch sensor further comprises disposing the touch sensor at least partially in the extended emitting area” (Figure 2C (Notice that the touch sensor provided by TSL extends in to the extended emitting area CDA.)).
Regarding Claim 19, Kim and Kim(II) disclose/ teach everything claimed as applied above (See Claim 18). In addition, Kim discloses “wherein the disposing of the touch sensor further comprises disposing the touch sensor at least partially in the inner region” (Figure 2C (Notice that the touch sensor provided by TSL extends in to the inner region of FDA and MDA.)).
Allowable Subject Matter
Claims 3, 4, 7, 10 – 11, 14, 17, and 20 are 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 for reasoning set forth in parent application 18/773,080.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN M BUTCHER whose telephone number is (571)270-5575. The examiner can normally be reached on Monday – Friday from 6:30 AM to 3:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ke Xiao, can be reached at (571) 272 - 7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN M BUTCHER/Primary Examiner, Art Unit 2627 September 14, 2026