Weijun Yao et al.

Patent Trials and Appeals Board

Nov 29, 2019

14256849 - (D) (P.T.A.B. Nov. 29, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
14/256,849 04/18/2014 Weijun Yao
161038 7590 12/03/2019
Apple c/o Kubota & Basal LLP
445 S. Figueroa Street
Suite 2140
Los Angeles, CA 90071
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO.
106842076100
(P21571US1)
CONFIRMATION NO.
8158
EXAMINER
HERMANN, KIRK W
ART UNIT PAPER NUMBER
2692
NOTIFICATION DATE DELIVERY MODE
12/03/2019 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):
docket@kuba-law.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte WEIJUN YAO, WEI HSIN YAO, YINGXUAN LI, HOPIL BAE,
and AHMAD AL-DAHLE
Appeal 2018-003484
Application 14/256,849
Technology Center 2600
Before MAHSHID D. SAADAT, ERIC B. CHEN, and
CARLL. SILVERMAN, Administrative Patent Judges.
CHEN, Administrative Patent Judge.
DECISION ON APPEAL
Appeal2018-003484
Application 14/256,849
STATEMENT OF THE CASE
Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the
Examiner's decision to reject claims 9, 11-17, and 19. Claim 10 has been
cancelled, and claims 1-8 and 18 have been withdrawn from consideration.
An oral hearing was held on November 5, 2019. The record will
include a written transcript of the oral hearing.
We have jurisdiction under 35 U.S.C. § 6(b ).
We REVERSE.
CLAIMED SUBJECT MATTER
The claims are directed to integrated touch screens, including drive
lines formed of grouped-together circuit elements of a thin film transistor
(TFT) layer, sense lines formed between a color filter layer, and a material
layer that modifies or generates light. (Abstract.)
Claim 9, reproduced below, is illustrative of the claimed subject
matter, with disputed limitations in italics:
9. An organic light emitting diode touch sensitive device
including a plurality of display pixels, the device comprising:
an encapsulation layer;
a cathode layer, the cathode layer containing circuit
elements that can be configured to operate as drive lines in a
mutual capacitance touch sensor during a touch mode of the
device and as display hardware during a display mode of the
device;
an anode layer, the anode layer containing circuit
elements that can be configured to be stimulated when the drive
1 We use the word "Appellant" to refer to "Applicant" as defined in 37
C.F.R. § 1.42(a). Appellant identifies the real party in interest as Apple, Inc.
(Appeal Br. 2.)
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Application 14/256,849
lines of the cathode layer are stimulated during the touch mode
of the device; and
an ITO layer, the ITO layer disposed above the
encapsulation layer.
REFERENCES
Hwan US 2015/0194470 Al Jul 9, 2015
Y ousefpor et al. US 2010/0060591 Al Mar. 11, 2010
Kuo et al. US 2013/0285976 Al Oct. 31, 2013
Krah et al. US 2011/0061949 Al Mar. 17, 2011
Shaw et al. US 2013/0322268 Al Dec. 5, 2013
Jobs et al. US 2008/0122796 Al Ma 29, 2008
REJECTIONS
Claims 9 and 11-14 stand rejected under 35 U.S.C. § 103 as
unpatentable over Hwang and Yousefpor.
Claims 9, 11, 12, and 15 stand rejected under 35 U.S.C. § 103 as
unpatentable over Hwang and Kuo.
Claims 9, 11, 16, and 17 stand rejected under 35 U.S.C. § 103 as
unpatentable over Hwang and Krah.
Claim 19 stands rejected under 35 U.S.C. § 103 as unpatentable over
Hwang, Krah, and Jobs.
OPINION
§ 103 Rejection-Hwang and Yousefpor
We are persuaded by Appellant's arguments (Appeal Br. 9-11) that
the combination of Hwang and Yousefpor would not have rendered obvious
independent claim 9, which includes the limitation "an anode layer, the
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Application 14/256,849
anode layer containing circuit elements that can be configured to be
stimulated when the drive lines of the cathode layer are stimulated during
the touch mode of the device."
The Examiner found that anode 103 of Hwang (i.e., main part 1031,
first conducting part 1032, and second conducting part 1033) and cathode
101 of Hwang, such that a capacitance is formed between anode 103 and
cathode 101, collectively correspond to the limitation "the anode layer
containing circuit elements that can be configured to be stimulated when the
drive lines of the cathode layer are stimulated during the touch mode of the
device." (Final Act. 5-6; see also Ans. 10.) We do not agree with the
Examiner's findings.
Independent claim 1 recites "the anode layer containing circuit
elements that can be configured to be stimulated when the drive lines of the
cathode layer are stimulated during the touch mode of the device" ( emphases
added). One relevant plain meaning for "stimulate" is "to excite to activity."
MERRIAM-WEBSTER'S COLLEGIATE DICTIONARY 1055 (10th ed. 1999).
Moreover, Appellants' Specification, in reference to Figures IA-IC,
discloses that "[d]uring operation, the rows can be stimulated with an AC
waveform." (Spec. ,r 19 (emphasis added).) In addition, Appellant's
Specification discloses the following:
In other examples, the drive lines can be simultaneously
stimulated. FIG. 11 illustrates an example stimulation of touch
sensor panel according to examples of the disclosure. In
particular, FIG. 11 illustrates signal paths of drive signals
through rows 1104 and sense signals through columns 1106 of
touch sensor panel 1124.
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(Id. ,r 42.) Thus, under the broadest reasonable interpretation consistent with
the Specification, we interpret "stimulated" as applying an electrical signal
(e.g., AC waveform) "to excite to activity."
Hwang relates to a display apparatus, in particular, "integrating[] the
image display function and the touch sense function." (Abstract.) Figure 5B
of Hwang illustrates one embodiment of a display apparatus, which includes
cathode layer 101, OLED ( organic light emitting diode) layer 102, anode
layer 103, and thin film transistor array layer 104. Hwang explains that
"anode layer 103 comprises a main part 1031, a first conducting part 1032
and a second conducting part 1033." (i-f 36.) Hwang further explains that
"as the touch sense period initializing, a capacitance is formed between the
first conductor block 1011 [ of cathode layer 101] and the anode layer 103
and a capacitance is also formed between the second conductor block 1012
[ of cathode layer 101] and the anode layer 103." (i-f 3 7.)
Although the Examiner cited to: (i) main part 1031, first conducting
part 1032, and second conducting part 1033 of anode 103; and (ii) the
capacitance formed between cathode layer 101 and anode layer 103 during
the touch sense period, the Examiner has provided insufficient evidence to
support a finding that Hwang teaches the limitation "the anode layer
containing circuit elements that can be configured to be stimulated when the
drive lines of the cathode layer are stimulated during the touch mode of the
device." In particular, although the Examiner interpreted "stimulated" as the
capacitance formed between cathode layer 101 and anode layer 103 (see
Ans. 10), such interpretation is inconsistent with the Specification, because
as discussed previously, the plain meaning of the term "stimulated" is
applying an electrical signal "to excite to activity."
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Thus, on this record, the Examiner has not shown that Hwang teaches
the limitation "the anode layer containing circuit elements that can be
configured to be stimulated when the drive lines of the cathode layer are
stimulated during the touch mode of the device." In addition, Y ousefpor
does not cure the above noted deficiencies of Hwang.
Thus, we are persuaded by Appellants' arguments, as follows:
Fig. 5A of Hwang ... shows that Hwang merely
discloses that a capacitance is formed between the first
conductor block 1011 (also referred to as the first cathode block
1011) and the anode layer 103 and a capacitance is formed
between the second conductor block 1012 (also referred to as
the second cathode block 1012) and the anode layer 103.
(Appeal Br. 9--10.)
A capacitance formed between two electrodes does not
imply that one electrode contains circuit elements that are used
as drive lines and the other electrode contains circuit elements
that can be stimulated to cancel a noisy DC current flowing
between these two electrodes when the drive lines are
stimulated.
(Id. at 10-11.)
Accordingly, we do not sustain the rejection of independent claim 9
under 35 U.S.C. § 103. Claims 11-14 depend from independent claim 9.
We do not sustain the rejection of claims 11-14 under 35 U.S.C. § 103 for
the same reasons discussed with respect to independent claim 9.
§ 103 Rejection-Hwang and Kuo
We do not sustain the rejection of claims 9, 11, 12 and 15 under
35 U.S.C. § 103 as unpatentable over Hwang and Kuo for the same reasons
discussed with respect to rejection of claims 9 and 11-14 under 35 U.S.C.
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§ 103 as unpatentable over Hwang and Yousefpor. Moreover, Kuo does not
cure the above noted deficiencies of Hwang.
§ 103 Rejection-Hwang and Krah
We do not sustain the rejection of claims 9, 11, 16, and 17 under
35 U.S.C. § 103 as unpatentable over Hwang and Krah for the same reasons
discussed with respect to rejection of claims 9 and 11-14 under 35 U.S.C.
§ 103 as unpatentable over Hwang and Yousefpor. Moreover, Krah does not
cure the above noted deficiencies of Hwang.
§ 103 Rejection-Hwang, Krah, and Jobs
Claim 19 depend from claim 9. Jobs was cited by the Examiner for
teaching the additional features of claim 19. (Final Act. 26-27.) However,
the Examiner's application of Jobs does not cure the above noted
deficiencies of Hwang and Krah. Moreover, Jobs does not cure the above
noted deficiencies of Hwang.
DECISION
In summary:
9, 11-17, 19 § 103 9, 11-17, 19
REVERSED
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