throbber
www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/844,676
`
`04/09/2020
`
`Ryouichi OOTSU
`
`20295.0043USC1
`
`1029
`
`HAY
`
`M
`
`TLER
`
`HAMRE, SCHUMANN, MUELLER & LARSON P.C.
`45 South Seventh Street
`Suite 2700
`MINNEAPOLIS, MN 55402-1683
`
`NGUYEN, HOAN C
`
`2871
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/28/2021
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`PTOMail @hsml.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-5,7-13 and 16-24 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C] Claim(s)
`is/are allowed.
`Claim(s) 1-5,7-13 and 16-24 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)C2 The specification is objected to by the Examiner.
`11)C) The drawing(s) filed on
`is/are: a)(] accepted or b)(_) 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) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`cc) None ofthe:
`b)1 Some**
`a)) All
`1.1) Certified copies of the priority documents have been received.
`2.{¥) Certified copies of the priority documents have beenreceived in Application No. 15941934.
`3.1.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20200924
`
`Application No.
`Applicant(s)
`16/844,676
`OOTSU et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`HOAN C NGUYEN
`2871
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)C) Responsive to communication(s) filed on
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)C) This action is FINAL. 2b)¥)This action is non-final.
`3)0) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\() 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/844,676
`Art Unit: 2871
`
`Page 2
`
`DETAILED ACTION
`
`The present application, filed on or after March 16, 2013, is being examined under the
`
`Notice of Pre-AlA or AIA Status
`
`first inventor to file provisions of the AIA.
`
`Claims 6 and 14-15 are cancelled.
`
`Claims 1-5, 7-13 and 16-24 are pending.
`
`Double Patenting
`
`A rejection based on double patenting of the “same invention” type finds its supportin
`
`the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new
`
`and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term
`
`“same invention,” in this context, means an invention drawnto identical subject matter.
`
`See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164
`
`USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
`
`A statutory type (85 U.S.C. 101) double patenting rejection can be overcome by
`
`canceling or amending the claims that are directed to the same invention so they are no
`
`longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a
`
`double patenting rejection based upon 35 U.S.C. 101.
`
`Claims 1-5, 7-13, 16-24 are rejected under 35 U.S.C. 101 as claiming the same
`
`invention as that of the allowed claims 1-5, 7-13, 16-24 of prior U.S. Patent No.
`
`15/941934. This is a statutory double patenting rejection.
`
`Claims 1-5, 7-8, 10-13, 16-24 have same limitations (word by word) as the
`
`allowed claims 1-5, 21-23 of prior U.S. Patent No. 15/941934.
`
`Claim 9 is a part of the allowed claim 9 prior U.S. Patent No. 15/941934. That
`
`means: claim 9 have same limitations (word by word) as the allowed claim 9 of prior
`
`U.S. Patent No. 15/941934 except only the feature “a colorfilter disposed on the
`
`plurality of drain lines and the plurality of gate lines”. Whatever in claim 9 already has
`
`been claimed in the allowed claim 9 of prior U.S. Patent No. 15/941934.
`
`

`

`Application/Control Number: 16/844,676
`Art Unit: 2871
`
`Page 3
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
`
`the basis for the rejections underthis section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale, or otherwise available to the public before the effective filing date of the claimed
`invention.
`
`1.
`
`Claims 9 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`Nakagawa (US 20090033819).
`
`Regard to claim 9, Nakagawa disciose a liquic crystal display device, comprising: a
`
`display panel having a display region, the display region including
`
`*
`
`e
`
`e
`
`3 plurality of gate lines 71G and a plurality of drain lines [source line 77S] (or
`
`gate lines Gi-Gm and data ines D1-Dn in Fig. 3}:
`
`a4 black matrix [ight-shielcing fims 510 act as black matrix] that overlaps the
`
`plurality of drain ines and the plurality of gate lines: and
`
`anlurality of sits 510s are formed in the black matrix S1Q.
`
`Hegard to claim 14, Nakagawa discioses the liquid crystal display device, wherein the
`
`plurality of sits overlan with a thin film transistor.
`
`

`

`Application/Control Number: 16/844,676
`Art Unit: 2871
`
`Page 4
`
`Conclusion
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure:
`
`Ishikawa et al. (US 20160306224) disclose a display panel comprising a display
`
`area, anon-display area surrounding the display area, andalight-shielding layer
`
`arranged in the display area and the non-display area.
`
`Yu et al. (US 20190384100) disclose a liquid crystal panel, comprising an array
`
`substrate and a colorfilter substrate arranged opposite to a cell, the color filter substrate
`
`comprising a black matrix, the black matrix comprisingafirst portion in a display area
`
`and a second portion in a non-display area, wherein a second portion of the black
`
`matrix is provided with a groove surrounding the display area, the groove penetrates the
`
`second portion of the black matrix in a thickness direction of the second portion of the
`
`black matrix, a light resistance layer of two colors is arranged in the second portion of
`
`the black matrix to close an opening of the groove.
`
`Kim et al. (US 20160109748) disclosealiquid crystal layer, which is interposed
`
`between the substrates, and a sealant layer, which is disposed along sidesof the liquid
`
`crystal layer, and a non-display area, which surroundsthe display area; placing a light-
`
`shielding mask having a light-shielding body, which includesa first region and a second
`
`region surrounding the first region, and slits, which are formed in the second region, on
`
`a side of a first surface of the LCD panel.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HOAN C NGUYEN whose telephone numberis
`
`(571)272-2296. The examiner can normally be reached on 8:00AM- 7:00PM.
`
`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.
`
`

`

`Application/Control Number: 16/844,676
`Art Unit: 2871
`
`Page 5
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Edward J Glick can be reached on (571)272-2490. The fax phone number
`
`for the organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on accessto the Private
`
`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`If you would like assistance from a USPTO Customer Service Representative or access
`
`to the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-
`
`272-1000.
`
`MHOAN © NGLUYEN/
`Primary Examiner, Art Unit 2871
`
`

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