`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/158,248
`
`10/11/2018
`
`Yeonkyung KIM
`
`29272-41027/US
`
`6849
`
`759°
`1383“-
`LG D1sp1ay/FENWICK
`801 California Street
`Mountain View, CA 94041
`
`10/30/20”
`
`CHOWDHURY' AFROZA Y
`
`ART UNIT
`
`2628
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/30/2019
`
`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):
`
`FWLGDisplayPatents @ fenwiek.eom
`ptoe @ fenwiek.eom
`
`PTOL-90A (Rev. 04/07)
`
`
`
`0/7709 A0170” Summary
`
`Application No.
`16/158,248
`Examiner
`AFROZA Y CH OWDHURY
`
`Applicant(s)
`KIM etal.
`Art Unit
`2628
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS 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 (6) MONTHS from the mailing
`date of this communication.
`|f 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). Responsive to communication(s) filed on 10/11/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] 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)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—23 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`Claim(s) 21—23 is/are allowed.
`
`Claim(s) 1,10 and 19—20 is/are rejected.
`
`Claim(s) 2—9 and 11—18 is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`E] Claim(s)
`9
`* If any claims have been determined aflowabie. 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
`
`httpfiwww.”smogovmatentszinit_events[pph[index.'§p or send an inquiry to PPeredhack@g§ptg.ggv.
`
`Application Papers
`
`10)D The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 10/11/2018 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:
`
`a). All
`
`b)l:] Some**
`
`c)l:I None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2.8 Certified copies of the priority documents have been received in Application No.
`
`31:] 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)
`
`Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190916
`
`
`
`Application/Control Number: 16/158,248
`Art Unit: 2628
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`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
`
`2.
`
`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
`
`
`
`Application/Control Number: 16/158,248
`Art Unit: 2628
`
`Page 3
`
`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(I)(1) -
`
`706.02(I)(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/AlA/25, or PTO/AlA/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
`
`
`
`3.
`
`Claims 1, 10, and 19-20 are provisionally rejected on the ground of nonstatutory
`
`double patenting as being unpatentable over claims 1, 11, and 13-14 of copending
`
`Application No. 16197314 (reference application). Although the claims at issue are not
`
`identical, they are not patentably distinct from each other because
`
`Instant Application
`
`Application No. 16197314
`
`1. A display apparatus comprising:
`
`1. A display apparatus comprising:
`
`including a plurality of gate lines, a
`
`a display panel including a display area
`
`a display panel having a display area
`
`including a plurality of gate lines, a
`
`
`
`Application/Control Number: 16/158,248
`Art Unit: 2628
`
`Page 4
`
`plurality of data lines, and a plurality of
`
`plurality of data lines, and a plurality of
`
`touch sensors;
`
`touch sensors;
`
`a gate driving circuit dividing the display
`
`a gate driving circuit dividing the display
`
`area into a plurality of horizontal blocks
`
`area into a plurality of horizontal blocks
`
`and driving gate lines of a horizontal
`
`and driving gate lines of a horizontal
`
`block by units of horizontal blocks at
`
`block by a horizontal block unit during
`
`every display period in one frame; and
`
`every display period in one frame; and
`
`a touch driving circuit sensing a touch
`
`a touch driving circuit sensing a touch
`
`through touch sensors of the horizontal
`
`through touch sensors of the horizontal
`
`block by units of horizontal blocks at
`
`block by the horizontal block unit during
`
`every touch sensing period in the one
`
`every touch sensing period in the one
`
`frame, wherein the gate driving circuit
`
`frame, wherein the gate driving circuit
`
`comprises:
`
`includes:
`
`
`
`a plurality of driving stage groups, each
`
`a plurality of driving stage groups, each
`
`driving stage group including a plurality of
`
`driving stage group including a plurality of
`
`driving stages supplying a scan pulse to
`
`driving stages supplying a scan pulse to
`
`gate lines included in a corresponding
`
`gate lines included in a corresponding
`
`horizontal block at every display period;
`
`horizontal block during every display
`
`and
`
`penod;and
`
`a plurality of holding stage groups, each
`
`a plurality of holding stage groups, each
`
`holding stage group between two driving
`
`holding stage group including at least one
`
`
`
`Application/Control Number: 16/158,248
`Art Unit: 2628
`
`Page 5
`
`stage groups, a holding stage group of
`
`holding stage outputting a carry signal to
`
`the plurality of holding stage groups
`
`a rear driving stage group, the plurality of
`
`between a rear driving stage group and a
`
`holding stage groups disposed between
`
`front driving stage group, the holding
`
`the plurality of driving stage groups, and
`
`stage group including at least one holding
`
`the at least one holding stage charges a
`
`stage supplying a carry signal to the rear
`
`holding voltage into a holding capacitor in
`
`driving stage group according to a voltage
`
`response to an output signal supplied
`
`of a first control node and a voltage of a
`
`from a front driving stage group and
`
`second control node based on first and
`
`outputs the carry signal to the rear driving
`
`second node control powers and an
`
`stage group, based on the holding
`
`output signal supplied from the front
`
`voltage charged into the holding
`
`driving stage group, and wherein each of
`
`capacitor.
`
`
`
`the first and second node control powers
`
`comprises an alternating current (AC)
`
`voflage.
`
`10. The display apparatus of claim 1,
`
`11. The display apparatus of claim 5,
`
`wherein the gate driving circuit
`
`wherein the gate driving circuit includes: a
`
`comprises: a first shift register including a
`
`first shift register having the plurality of
`
`first subset of the plurality of driving stage
`
`driving stage groups each including the
`
`groups and a first subset of the plurality of
`
`plurality of driving stages and the plurality
`
`holding stage groups, the first shift
`
`of holding stage groups each including
`
`register for supplying the scan pulse to
`
`the at least one holding stage, and
`
`
`
`Application/Control Number: 16/158,248
`Art Unit: 2628
`
`Page 6
`
`odd-numbered gate lines of the plurality
`
`supplying the scan pulse to odd-
`
`of gate lines; and a second shift register
`
`numbered gate lines of the plurality of
`
`including a second subset of the plurality
`
`gate lines; and a second shift register
`
`of driving stage groups and a second
`
`having the plurality of driving stage
`
`subset of the plurality of holding stage
`
`groups each including the plurality of
`
`groups, the second shift register for
`
`driving stages and the plurality of holding
`
`supplying the scan pulse to even-
`
`stage groups each including the at least
`
`numbered gate lines of the plurality of
`
`one holding stage, and supplying the
`
`gate lines.
`
`scan pulse to even-numbered gate lines
`
`of the plurality of gate lines.
`
`
`
`19. The display apparatus of claim 1,
`
`13. The display apparatus of claim 1,
`
`wherein the touch driving circuit supplies
`
`wherein the touch driving circuit supplies
`
`a common voltage to touch electrodes
`
`a common voltage to touch sensors
`
`included in a corresponding horizontal
`
`included in a corresponding horizontal
`
`block at every display period and senses
`
`block during every display period and
`
`a touch, performed by a touch object,
`
`senses a touch, performed by a touch
`
`through the touch electrodes included in
`
`object, through the touch sensors
`
`the corresponding horizontal block at
`
`included in the corresponding horizontal
`
`every touch sensing period.
`
`block during every touch sensing period.
`
`20. The display apparatus of claim 1,
`
`14. The display apparatus of claim 1,
`
`wherein the touch driving circuit supplies
`
`wherein the touch driving circuit supplies
`
`
`
`Application/Control Number: 16/158,248
`Art Unit: 2628
`
`Page 7
`
`a common voltage to touch electrodes
`
`a common voltage to touch sensors
`
`included in a corresponding horizontal
`
`included in a corresponding horizontal
`
`block at every display period, the touch
`
`block during every display period, the
`
`driving circuit supplies a touch pen
`
`touch driving circuit supplies a touch pen
`
`synchronization signal to the touch
`
`synchronization signal to touch sensors
`
`electrodes included in the corresponding
`
`included in a corresponding horizontal
`
`horizontal block at every pen sensing
`
`block during every pen sensing period
`
`period which is set in some of a plurality
`
`which is set in a first period of a plurality
`
`of touch sensing periods, and senses a
`
`of touch sensing periods, and senses a
`
`
`
`signal transferred from a touch pen
`
`signal transferred from a touch pen
`
`through each of corresponding touch
`
`through each of corresponding touch
`
`electrodes, and the touch driving circuit
`
`sensors, and the touch driving circuit
`
`supplies a touch driving pulse to the
`
`supplies a touch driving pulse to touch
`
`touch electrodes included in the
`
`sensors included in a corresponding
`
`corresponding horizontal block at every
`
`horizontal block during every finger
`
`finger sensing period which is set in other
`
`sensing period which is set in a second
`
`periods of the plurality of touch sensing
`
`period of the plurality of touch sensing
`
`periods, and senses a capacitance
`
`periods, and senses a capacitance
`
`variation of each of corresponding touch
`
`variation of each of corresponding touch
`
`electrodes.
`
`sensors.
`
`The instant Application claim is broader in every aspect than the patent claim and
`
`is therefore an obvious variant thereof. Although the conflicting claims are not identical,
`
`
`
`Application/Control Number: 16/158,248
`Art Unit: 2628
`
`Page 8
`
`they are not patentability distinct from each other because the instant Application claim
`
`is generic to all that is recited in the above patent claim. The more specific anticipates
`
`the broader (see In re Goodman — 29 USPQ2d 2010), also see Eli Lilly and Co. v. Barr
`
`Laboratories Inc., 58 USPQ2d, 189 and Miller v. Eagle Mfg. Co., 151 U.S. 186 1894).
`
`Therefore, the instant claim is anticipated by the above patent claim.
`
`This is a provisional nonstatutory double patenting rejection because the
`
`patentably indistinct claims have not in fact been patented.
`
`4.
`
`5.
`
`Allowable Subject Matter
`
`Claims 21 -23 are allowed.
`
`The following is an examiner’s statement of reasons for allowance:
`
`Vii at at. (US 28188885282 "— see Figs. 8, $3, {8885} W [00873, Ellipsis (US
`
`20160224175 m see [0146], [8151]) and Paris at ai. (US 28120‘l46978 m see [0020},
`
`[8098]), all Show a display apparatus having a plurality of driving stages and a plurality
`
`pf holding stages. However, these references do not teach all the claim limitations of
`
`claim 21.
`
`The subject matter of the independent claim could either not be found or was not
`
`suggested in the prior art of record. The subject matter not found was “A display
`
`apparatus comprising:
`
`a plurality of holding stage groups, each holding stage
`
`group in between two driving stage groups, each holding stage group receiving:
`
`a third power supply having a first voltage level during the display period and a
`
`second voltage level during at least a portion of the touch sensing period, and a
`
`
`
`Application/Control Number: 16/158,248
`Art Unit: 2628
`
`Page 9
`
`fourth power supply having a third voltage level during the display period and a
`
`fourth voltage level during at least a portion of the touch sensing period, the third
`
`voltage different than the fourth voltage level”, in combination with the other
`
`elements (or steps) of the brace and method recited in the claim 21.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the payment of the issue fee and, to avoid processing delays, should preferably
`
`accompany the issue fee. Such submissions should be clearly labeled “Comments on
`
`Statement of Reasons for Allowance.”
`
`6.
`
`Claims 2—9 and 11-18 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.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to AFROZA Y CHOWDHURY whose telephone number is
`
`(571)270-1543. The examiner can normally be reached on M-F 9am-5pm.
`
`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: 16/158,248
`Art Unit: 2628
`
`Page 10
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Nitin Patel can be reached on (571)272-7677. The fax phone number for
`
`the organization where this 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 http://pair-direct.uspto.gov. Should
`
`you have questions on access to 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.
`
`/AFROZA CHOWDHURY/
`
`Primary Examiner, Art Unit 2628
`
`

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