`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
`
`APPLICATION NO.
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONF {MATION NO.
`
`12/883,557
`
`09/16/2010
`
`Kouichi ANNO
`
`1497.51098X00
`
`5099
`
`20457
`
`7590
`
`10/18/2013
`
`ANTONELLLTERRY,STOUT&KRAUS,LLP
`1300 NORTH SEVENTEENTH STREET
`SUITE 1 800
`ARLINGTON, VA 22209-3873
`
`REED, STEPHENT
`
`2627
`
`MAIL DATE
`
`10/18/2013
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 12/883,557 ANNO, KOUICHI
`
`
`AIA (First Inventorto File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`STEPHEN T. REED first“ 2626
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`-
`-
`
`Status
`
`1)IXI Responsive to communication(s) filed on 16 Sthember 2010.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)lX| This action is non-final.
`a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`5)IXI Claim(s) 1-14 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| Claim(s)_1-14 is/are rejected.
`8)I:I Claim(s) _ is/are objected to.
`
`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atents/init events"
`
`
`
`h/index.‘s , or send an inquiry to PRI-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 16 Sthember 2010 is/are: a)IXI accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some * c)I:I None of the:
`a)le All
`1.IZI Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) E Notice of References Cited (PTO-892)
`
`3) I] Interview Summary (PTO-413)
`
`Paper NOISIIMa” Date —
`PTO/SB/08
`t
`St t
`I
`D'
`t'
`f
`2 IXI I
`)
`4) I:I Other:
`a emen (s)(
`Isc osure
`n orma Ion
`)
`Paper No(s)/Mai| Date 16 Segtember2010.
`US. Patent and Trademark Office
`PTOL-326 (Rev. 08-13)
`
`Part of Paper No./Mai| Date 20131001
`
`Office Action Summary
`
`

`

`Application/Control Number: 12/883,557
`
`Art Unit: 2626
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`Claims 1-14 are currently pending and prosecuted.
`
`Double Patenting
`
`2.
`
`The nonstatutory obviousness type 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 claims at issue 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 reference 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. A
`
`terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
`
`The USPTO internet Web site contains terminal disclaimer forms which may be used. Please
`
`visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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
`
`http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
`
`3.
`
`Claims 1-14 are rejected on the ground of nonstatutory obviousness type double patenting as
`
`being unpatentable over Claims 1-7, 12 and 14-16 of Hayakawa et al., U.S. Patent No. 8,487,901,
`
`

`

`Application/Control Number: 12/883,557
`
`Art Unit: 2626
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`Page 3
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`hereinafter Hayakawa, in view of Son et al., U.S. Patent Pub. No. 2007/0257821, hereinafter Son.
`
`Although the claims at issue are not identical, they are not patentably distinct from each other because
`
`they claim substantially identical subject matter. The instant application is presented with the reference
`
`applications presented in bold.
`
`4.
`
`A comparison of Claim 1 of the instant application and Claim 3 of Hayakawa sets forth: A display
`
`device (A display device) comprising:
`
`a capacitive touch panel (having a capacitance touch panel),
`
`the capacitive touch panel including a plurality of X-electrodes, a plurality of Y-electrodes, and a
`
`Z-electrode (said capacitance touch panel comprises a number of X electrodes, a number of Y
`
`electrodes, and a number of Z electrodes),
`
`the X-electrode and the Y-electrode intersecting with each other via a first insulating layer at an
`
`intersecting portion, each of the X-electrode and the Y-electrode being formed such that pad portions and
`
`fine line portions are alternately arranged in its extending direction, the pad portion of the X-electrode and
`
`the pad portion of the Y-electrode being arranged so as not to overlap each other as viewed in plan (said
`
`X electrodes and said Y electrodes cross with a first insulating layer in between and are formed so
`
`that respective pad portions and fine wire portions are aligned alternately in the direction in which
`
`the electrodes extend, and thus, the pad portions of said X electrodes and the pad portions of said
`
`Y electrodes are aligned without overlapping as viewed in a plane),
`
`the Z-electrode being formed so as to overlap, via a second insulating layer, both the X-electrode
`
`and the Y-electrode neighboring to each other as viewed in plan (said 2 electrodes are formed with a
`
`second insulating layer in between so that each 2 electrode overlaps both an adjacent X electrode
`
`and Y electrode as viewed in a plane),
`
`the Z-electrode being electrically floating (said number of Z electrodes are electrically
`
`floating),
`
`one of the X-electrode and the Y-electrode being sequentially applied with a pulse signal, and a
`
`change in the signal being detected from the other electrode (a pulse signal is sequentially applied to
`
`

`

`Application/Control Number: 12/883,557
`
`Art Unit: 2626
`
`Page 4
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`one set of said X electrodes or Y electrodes and a change in the signal is detected from the other
`
`set of electrodes.), and
`
`the intersecting portion is form ed in a different layer from the X-electrode or the Y-electrode (said
`
`X electrodes and said Y electrodes cross with a first insulating layer in between, the term cross is
`
`analogous to intersect and there is an insulating layer in between so the intersecting portion is formed on
`
`a different layer).
`
`However, Hayakawa does not explicitly teach wherein the Z-electrode is formed of an elastic
`
`conductive material. Son teaches wherein the Z-electrode is formed of an elastic conductive material
`
`(Son: [0049], the electrode layers can be constructed from a flexible conductive material). It would
`
`have been obvious to one of ordinary skill in the art to combine the capacitive touch panel of Hayakawa
`
`with the electrodes made of flexible conductive material of Son in order to not require absolute contact
`
`between electrode layers (Son: [0052]), thereby provided a more accurate touch panel.
`
`5.
`
`A comparison of Claim 2 of the instant application and Claim 2 of Hayakawa sets forth: The
`
`display device according to claim 1, wherein the second insulating layer changes in thickness by pressing
`
`(the thickness of said second insulating layer changes when pressure is applied).
`
`6.
`
`A comparison of Claim 3 of the instant application and Claim 3 of Hayakawa sets forth: The
`
`display device according to claim 1. However, Hayakawa does not explicitly claim wherein a thickness of
`
`the second insulating layer is maintained with a spacer. Son teaches wherein a thickness of the second
`
`insulating layer is maintained with a spacer (Son: Figure 1; [0039], [s]tructure elements 106 are
`
`closely positioned next to each other but with sufficient space so as to form compressible voids,
`
`"structure elements” are spacers). It would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to incorporate the structure elements of Son with the touch panel of Hayakawa in
`
`order to separate the electrode layers ([0039]), thereby providing a more reliable touch panel that is
`
`simpler to produce.
`
`7.
`
`A comparison of Claim 4 of the instant application and Claim 4 of Hayakawa sets forth: The
`
`display device according to claim 1,
`
`

`

`Application/Control Number: 12/883,557
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`Art Unit: 2626
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`Page 5
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`wherein the pad portion of the X-electrode extends to the vicinities of fine line portions of X-
`
`electrodes neighboring to the relevant X-electrode (the pad portion of a first X electrode extends to
`
`the vicinity of the fine wire portion of a second X electrode which is adjacent to the first X
`
`electrode),
`
`the relevant X-electrode has a shape in the pad portion such that, as viewed in plan, an area is
`
`minimized in the vicinity of the fine line portion of one of the neighboring X-electrodes and maximized in
`
`the vicinity of the fine line portion of the relevant X-electrode (the pad portion of the first X electrode
`
`has such a form that the area is minimum in the vicinity of the fine wire portion of said second X
`
`electrode and the area is maximum in the vicinity of the fine wire portion of the first X electrode as
`
`viewed in a plane), and
`
`the area of the relevant pad portion decreases from the vicinity of the fine line portion of the
`
`relevant X-electrode toward the vicinity of the fine line portion of the other neighboring X-electrode (the
`
`area of the pad portion is smaller towards the vicinity of the fine wire portion of said second X
`
`electrode from the vicinity of the fine wire portion of the first X electrode).
`
`8.
`
`A comparison of Claim 5 of the instant application and Claim 5 of Hayakawa sets forth: The
`
`display device according to claim 1,
`
`wherein the pad portion of the X-electrode extends to the vicinities of fine line portions of X-
`
`electrodes neighboring to the relevant X-electrode (the pad portion of a first X electrode extends to
`
`the vicinity of the fine wire portion of two second X electrodes which are adjacent to the first X
`
`electrode),
`
`the pad portion of the relevant X-electrode has a shape such that, as viewed in plan, an electrode
`
`width is minimized in both the vicinities of the fine line portions of the neighboring X-electrodes and
`
`maximized in the vicinity of the fine line portion of the relevant X-electrode (the form of the pad portion
`
`of said first X electrode is such that the width of the electrode is minimum in the vicinity of the
`
`fine wire portions of said two second X electrodes and the width of the electrode is maximum in
`
`the vicinity of the fine wire portion of the first X electrode as viewed in a plane),
`
`

`

`Application/Control Number: 12/883,557
`
`Art Unit: 2626
`
`Page 6
`
`the pad portion of the Y-electrode has a shape such that, as viewed in plan, a width in an
`
`extending direction of the X-electrode is constant relative to an extending direction of the Y-electrode (the
`
`form of the pad portions of said Y electrodes is such that the width in the direction in which said X
`
`electrodes extend is constant relative to the direction in which said Y electrodes extend as viewed
`
`in a plane), and
`
`the pad portions of the X-electrode and the pad portions of the Y-electrode are alternately
`
`arranged in the extending direction of the X-electrode as viewed in plan (the pad portions of said X
`
`electrodes and the pad portions of said Y electrodes are aligned alternatively in the direction in
`
`which said X electrodes extend as viewed in a plane).
`
`9.
`
`A comparison of Claim 6 of the instant application and Claim 6 of Hayakawa sets forth: The
`
`display device according to claim 1, wherein in the pad portions of the two neighboring X-electrodes, the
`
`pad portion has a convex shape toward the neighboring X-electrode (the form of the pad portions of
`
`said X electrodes is such that the pad portion is tapered towards an adjacent X electrode).
`
`10.
`
`A comparison of Claim 7 of the instant application and Claim 7 of Hayakawa sets forth: The
`
`display device according to claim 1, wherein in the pad portions of the three neighboring X-electrodes, the
`
`pad portion has a convex shape toward one of the neighboring X-electrodes and has a concave shape
`
`toward the other X-electrode (the form of the pad portions of said X electrodes is such that the pad
`
`portion is tapered towards an adjacent X electrode and has a recess facing another adjacent X
`
`electrode).
`
`11.
`
`A comparison of Claim 8 of the instant application and Claim 3 of Hayakawa sets forth: The
`
`display device according to claim 1, wherein the Z-electrode is stacked with an elastic insulating film (a
`
`third insulating layer is formed over the Z electrodes).
`
`12.
`
`A comparison of Claim 9 of the instant application and Claim 3 of Hayakawa sets forth: The
`
`display device according to claim 1, wherein the Z-electrode is stacked on a supporting layer (said 2
`
`electrodes are formed with a second insulating layer in between so that each 2 electrode overlaps
`
`both an adjacent X electrode and Y electrode as viewed in a plane and a third insulating layer is
`
`formed over the Z electrodes).
`
`

`

`Application/Control Number: 12/883,557
`
`Art Unit: 2626
`
`Page 7
`
`13.
`
`A comparison of Claim 10 of the instant application and Claim 12 of Hayakawa sets forth: A
`
`display device (A display device) comprising:
`
`a capacitive touch panel which detects touch position coordinates on a display region by a
`
`capacitive system (a capacitance touch panel for detecting the coordinates of a touched point on
`
`the display region in a capacitance coupling system),
`
`the capacitive touch panel including a plurality of X-electrodes, a plurality of Y-electrodes, and a
`
`Z-electrode (said capacitance touch panel comprises a number of X electrodes, a number of Y
`
`electrodes, and a number of Z electrodes),
`
`the X-electrode and the Y-electrode intersecting with each other via a first insulating layer at an
`
`intersecting portion, each of the X-electrode and the Y-electrode being formed such that pad portions and
`
`fine line portions are alternately arranged in its extending direction, the pads portion of the X-electrode
`
`and the pad portion of the Y-electrode being arranged so as not to overlap each other as viewed in plan
`
`(said X electrodes and said Y electrodes cross with a first insulating layer in between and are
`
`formed so that respective pad portions and fine wire portions are aligned alternately in the
`
`direction in which the electrodes extend, and thus, the pad portions of said X electrodes and the
`
`pad portions of said Y electrodes are aligned without overlapping as viewed in a plane),
`
`the Z-electrode being formed so as to overlap, via a second insulating layer, both the X-electrode
`
`and the Y-electrode neighboring to each other as viewed in plan (said 2 electrodes are formed with a
`
`second insulating layer in between so that each 2 electrode overlaps both an adjacent X electrode
`
`and Y electrode as viewed in a plane),
`
`the Z-electrode being electrically floating (said number of Z electrodes are electrically
`
`floating),
`
`one of the X-electrode and the Y-electrode being sequentially applied with a pulse signal, and a
`
`change in the signal being detected from the other electrode (a pulse signal is sequentially applied to
`
`one set of said X electrodes or Y electrodes and a change in the signal is detected from the other
`
`set of electrodes.), and
`
`

`

`Application/Control Number: 12/883,557
`
`Art Unit: 2626
`
`Page 8
`
`the intersecting portion is formed in a different layer from the X-electrode or the Y-electrode (said
`
`X electrodes and said Y electrodes cross with a first insulating layer in between, the term cross is
`
`analogous to intersect and there is an insulating layer in between so the intersecting portion is formed on
`
`a different layer).
`
`However, Hayakawa does not explicitly teach wherein the Z-electrode is formed of an elastic
`
`conductive material. Son teaches wherein the Z-electrode is formed of an elastic conductive material
`
`(Son: [0049], the electrode layers can be constructed from a flexible conductive material). It would
`
`have been obvious to one of ordinary skill in the art to combine the capacitive touch panel of Hayakawa
`
`with the electrodes made of flexible conductive material of Son in order to not require absolute contact
`
`between electrode layers (Son: [0052]), thereby provided a more accurate touch panel.
`
`14.
`
`A comparison of Claim 11 of the instant application and Claim 12 of Hayakawa further sets forth:
`
`The display device according to claim 10, wherein the Z-electrode is stacked with an elastic insulating film
`
`(a third insulating layer is formed over the Z electrode; the insulating layer as claimed in Hayakawa
`
`can encompass an elastic insulating film as well).
`
`15.
`
`A comparison of Claim 12 of the instant application and Claim 14 of Hayakawa further sets forth:
`
`The display device according to claim 10, wherein the Z-electrode is a solid electrode (said 2 electrode
`
`is an electrode in a solid sheet form).
`
`16.
`
`A comparison of Claim 13 of the instant application and Claims 15 of Hayakawa sets forth: A
`
`display device (A display device) comprising:
`
`a capacitive touch panel which detects touch position coordinates on a display region by a
`
`capacitive system (a capacitance touch panel for detecting the coordinates of a touched point on
`
`the display region in a capacitance coupling system),
`
`the capacitive touch panel including (said capacitive touch panel comprises) a plurality of X-
`
`electrodes (a number of X electrodes), a plurality of Y-electrodes (a number of Y electrodes), and a Z-
`
`electrode (a number of Z-electrodes or one 2 electrode),
`
`the X-electrode and the Y-electrode intersecting with each other via a first insulating layer at an
`
`intersecting portion, each of the X-electrode and the Y-electrode being formed such that individual
`
`

`

`Application/Control Number: 12/883,557
`
`Art Unit: 2626
`
`Page 9
`
`electrodes and the intersecting portions are alternately arranged in its extending direction, the individual
`
`electrode of the X-electrode and the individual electrode of the Y-electrode being arranged without
`
`overlapping each other as viewed in plan (said X electrodes and said Y electrodes cross with a first
`
`insulating layer in between and are formed so that respective pad portions and fine wire portions
`
`are aligned alternately in the direction in which the electrodes extend, and thus, the pad portions
`
`of said X electrodes and the pad portions of said Y electrodes are aligned without overlapping as
`
`viewed in a plane),
`
`the Z-electrode being formed so as to overlap, via a second insulating layer, both the X-electrode
`
`and the Y-electrode as viewed in plan (said 2 electrodes or Z electrode are formed with a second
`
`insulating layer in between so that each 2 electrode overlaps both an adjacent X electrode and Y
`
`electrode as viewed in a plane),
`
`the Z-electrode being electrically floating (said number of Z electrodes or one 2 electrode are
`
`electrically floating);
`
`the second insulating layer being formed of a gas whose volume changes by pressure (said
`
`second insulating layer is formed of a gas so that the volume changes when pressure is applied),
`
`one of the X-electrode and the Y-electrode being sequentially applied with a pulse signal, and a
`
`change in the signal being detected from the other electrode (a pulse signal is sequentially applied to
`
`one set of said X electrodes or Y electrodes and a change in the signal is detected from the other
`
`set of electrodes), and
`
`the intersecting portion is formed in a different layer from the X-electrode or the Y-electrode (said
`
`X electrodes and said Y electrodes cross with a first insulating layer in between, the term cross is
`
`analogous to intersect and there is an insulating layer in between so the intersecting portion is formed on
`
`a different layer).
`
`However, Hayakawa does not explicitly claim wherein the Z-electrode is formed of an elastic
`
`material. Son teaches wherein the Z-electrode is formed of an elastic material ([0049], the electrode
`
`layers can be constructed from a flexible conductive material). It would have been obvious to one of
`
`ordinary skill in the art to combine the capacitive touch panel of Hayakawa with the electrodes made of
`
`

`

`Application/Control Number: 12/883,557
`
`Art Unit: 2626
`
`Page 10
`
`flexible conductive material of Son in order to not require absolute contact between electrode layers
`
`(Son: [0052]), thereby provided a more accurate touch panel.
`
`17.
`
`A comparison of Claim 14 of the instant application and Claim 16 of Hayakawa further sets forth:
`
`The display device according to claim 13, wherein the second insulating layer is air (said second
`
`insulating layer is air).
`
`18.
`
`Claims 1-14 are rejected on the ground of nonstatutory obviousness type double patenting as
`
`being unpatentable over Claims 1-6, and 8-11 of Mamba et al., U.S. Patent No. 8,537,125, hereinafter
`
`Mamba, in view of Hayakawa, and in further view of Son. Although the claims at issue are not identical,
`
`they are not patentably distinct from each other because they claim substantially identical subject matter.
`
`The instant application is presented with the reference applications presented in bold.
`
`19.
`
`A comparison of Claim 1 of the instant application and Claim 3 of Mamba sets forth: A display
`
`device (A display device) comprising:
`
`a capacitive touch panel (an electrostatic capacity touch panel),
`
`the capacitive touch panel including a plurality of X-electrodes (a plurality of X electrodes), a
`
`plurality of Y-electrodes (a plurality of Y electrodes), and a Z-electrode (a plurality of Z electrodes, it
`
`should be noted that the specification of Mamba further discloses only a single Z electrode),
`
`the X-electrode and the Y-electrode intersecting with each other via a first insulating layer at an
`
`intersecting portion, each of the X-electrode and the Y-electrode being formed such that pad portions and
`
`fine line portions are alternately arranged in its extending direction, the pad portion of the X-electrode and
`
`the pad portion of the Y-electrode being arranged so as not to overlap each other as viewed in plan (each
`
`of the plurality of X electrodes and each of the plurality of Y electrodes intersect each other via a
`
`first insulating layer, and are formed so as to alternately array pad parts and thin line parts in
`
`extending directions of each of the plurality of X electrodes and each of the plurality of Y
`
`electrodes, and the pad part of each of the plurality of X electrodes and the pad part of each of the
`
`plurality of Y electrodes are disposed so as not to overlap each other in plan view),
`
`the Z-electrode being formed so as to overlap, via a second insulating layer, both the X-electrode
`
`and the Y-electrode neighboring to each other as viewed in plan (each of the plurality of Z electrodes
`
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`Application/Control Number: 12/883,557
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`Art Unit: 2626
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`Page 11
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`is formed via a second insulating layer so as to overlap both of one of the plurality of X electrodes
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`and one of the plurality of Y electrodes which are adjacent to each other in plan view),
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`the Z-electrode being electrically floating (the plurality of Z electrodes are disposed in an
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`electrically floating state), and
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`the intersecting portion is formed in a different layer from the X-electrode or the Y-electrode (each
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`of the plurality of Z electrodes is formed via a second insulating layer so as to overlap both of one
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`of the plurality of X electrodes and one of the plurality of Y electrodes which are adjacent to each
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`other in plan view).
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`However, Mamba does not explicitly claim one of the X-electrode and the Y-electrode being
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`sequentially applied with a pulse signal, and a change in the signal being detected from the other
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`electrode. Hayakawa explicitly teaches, and claims, one of the X-electrode and the Y-electrode being
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`sequentially applied with a pulse signal (Col. 6, lines 11-13 and 20-21; A signal 309 is sequentially
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`applied to the Y electrodes YP, And a voltage is sequentially applied to the Y electrodes YP so that
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`the capacitance is detected. .
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`.
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`. a pulse signal is applied to a certain Y electrode YP for a certain
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`period of time; Claim 1), and a change in the signal being detected from the other electrode (Col. 6,
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`lines 21-24; the counting by the reference clock or the like makes it possible to determine from
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`which Y electrode YP the output signal is outputted to the X electrode XP; Claim 1),
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`It would have been obvious to one of ordinary skill in the art at the time the invention was made to
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`incorporate the commonly known pulse signal application and detection methods as described in the
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`display device of Hayakawa in order to allow capacitive current to flow through the capacitive touch panel,
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`thereby making the touch panel able to detect a capacitance value.
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`Further, Mamba does not explicitly claim wherein the Z-electrode is formed of an elastic
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`conductive material. Son teaches wherein the Z-electrode is formed of an elastic material ([0049], the
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`electrode layers can be constructed from a flexible conductive material). It would have been obvious
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`to one of ordinary skill in the art to combine the capacitive touch panel of Hayakawa and Mamba with the
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`electrodes made of flexible conductive material of Son in order to not require absolute contact between
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`electrode layers (Son: [0052]), thereby provided a more accurate touch panel.
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`Application/Control Number: 12/883,557
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`Art Unit: 2626
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`Page 12
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`20.
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`A comparison of Claim 2 of the instant application and Claim 3 of Mamba sets forth: The display
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`device according to claim 1, wherein the second insulating layer changes in thickness by pressing
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`(wherein the second insulating layer changes in thickness by pressing of touch).
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`21.
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`A comparison of Claim 3 of the instant application and Claim 3 of Mamba sets forth: The display
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`device according to claim 1. However, Mamba does not explicitly claim wherein a thickness of the second
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`insulating layer is maintained with a spacer. Hayakawa explicitly teaches wherein a thickness of the
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`second insulating layer is maintained with a spacer (Col. 9, lines 38-42, spacers 114 may be provided
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`between the Z electrodes ZP and the X electrodes XP as well as between the Z eletrodes ZP and
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`the Y electrodes YP). It would have been obvious to one of ordinary skill in the art at the time the
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`invention was made to utilize a spacer in order to maintain a constant interlayer distance while no contact
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`occurs (Col. 9, lines 40-42), thereby allowing for a more accurate touch panel display.
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`22.
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`A comparison of Claim 4 of the instant application and Claim 4 of Mamba sets forth: The display
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`device according to claim 1, wherein
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`the pad portion of the X-electrode extends to the vicinities of fine line portions of X-electrodes
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`neighboring to the relevant X-electrode (the pad part of the each of the plurality of X electrodes
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`extends to a vicinity of the thin line part of one of the plurality of X electrodes adjacent to the each
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`of the plurality of X electrodes),
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`the relevant X-electrode has a shape in the pad portion such that, as viewed in plan, an area is
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`minimized in the vicinity of the fine line portion of one of the neighboring X-electrodes and maximized in
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`the vicinity of the fine line portion of the relevant X-electrode (in plan view, in a shape of the pad part of
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`the each of the plurality of X electrodes, an area is smallest in the vicinity of the thin line part of
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`the adjacent one of the plurality of X electrodes and an area is largest in the vicinity of the thin line
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`part of the each of the plurality of X electrodes), and
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`the area of the relevant pad portion decreases from the vicinity of the fine line portion of the
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`relevant X-electrode toward the vicinity of the fine line portion of the other neighboring X-electrode (an
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`area of the pad part is reduced from the vicinity of the thin line part of the each of the plurality of X
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`electrodes to the vicinity of the thin line part of the adjacent one of the plurality of X electrodes).
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`Application/Control Number: 12/883,557
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`Art Unit: 2626
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`Page 13
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`23.
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`A comparison of Claim 5 of the instant application and Claim 5 of Mamba sets forth: The display
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`device according to claim 1,
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`wherein the pad portion of the X-electrode extends to the vicinities of fine line portions of X-
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`electrodes neighboring to the relevant X-electrode (the pad part of the each of the plurality of X
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`electrodes extends to a vicinity of the thin line part of one of the plurality of X electrodes adjacent
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`to the each of the plurality of X electrodes),
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`the pad portion of the relevant X-electrode has a shape such that, as viewed in plan, an electrode
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`width is minimized in both the vicinities of the fine line portions of the neighboring X-electrodes and
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`maximized in the vicinity of the fine line portion of the relevant X-electrode (the pad part of the each of
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`the plurality of X electrodes has the smallest area in the vicinity of the thin line part of the adjacent
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`X electrode, and the largest area in the vicinity of the thin line part of the each of the plurality of X
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`electrodes),
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`the pad portion of the Y-electrode has a shape such that, as viewed in plan, a width in an
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`extending direction of the X-electrode is constant relative to an extending direction of the Y-