DETAILED ACTION
Notice of Pre-AIA or 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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 includes the phrase “film type vibration apparatus” in line 2. As mentioned in MPEP 2173.05 (b), III. E.: The addition of the word "type" to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite. Ex parte Copenhaver, 109 USPQ 118 (Bd. Pat. App. & Inter. 1955).
Claim 23 also recites a “film type vibration apparatus” and so is also rejected for the same reason.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-8, 12, 18-25, 27, 32-38 and 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (herein Shin) (US 2019/0028669).Regarding Claim 1:In Figures 7-8, Shin discloses an apparatus (display apparatus), comprising: a vibration member (100, 400, wherein 400 vibrates, see paragraph [0131]); a supporting member (300, 210) at a rear surface (side rear surface of 100 and 400) of the vibration member (100, 400); and a vibration apparatus (220, 230) at the supporting member (as seen in Figure 7) and including a curved shape (as seen in Figures 7-8, the vibration apparatus includes a piezoelectric element 230 with multiple curved shapes), wherein the supporting member includes: a first surface facing the vibration apparatus (top surface of 210); and a second surface opposite the first surface (bottom surface of 210). Shin fails to disclose that the second surface includes a curved surface. However, it would have been an obvious matter of design choice to change the second surface to have a curved surface (for instance by changing the bottom surface of 210 to curved to be stably inserted in a similarly contoured surface in 300), since such a modification would have involved a mere change in the shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. A change in aesthetic (ornamental) design generally will not support patentability. In re Seid, 73 USPQ 431.Regarding Claim 2:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein the vibration apparatus comprises a film-type vibration apparatus (as mentioned in paragraph [0077], the vibration apparatus comprises the piezoelectric element 230 which is manufactured in a flexible film form).Regarding Claim 3:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein: the supporting member (300, 210) comprises a curved portion (210) including a second curved surface (top surface of 210 includes multiple curved surfaces, as seen in Figure 7), and the vibration apparatus (220, 230) is disposed at the curved portion (210) and is bent in the curved shape by the second curved surface of the curved portion (as seen in Figure 7, the curve shape of the 220, 230 conforms to the curved portion 210).Regarding Claim 4:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein the supporting member (300, 210) comprises: a rear portion (210) at the rear surface of the vibration member (210 is at the rear surface of 150 which is part of 100), the rear portion including the curved portion (210); and a lateral portion (300) connected to a periphery of the rear portion and configured to support the vibration member (as seen in Figure 7).NOTE: The word “at” is defined as: “used as a function word to indicate presence or occurrence in, on, or near” (https://www.merriam-webster.com/dictionary/at). Hence, it is reasonable to assume that the rear portion is at (i.e., near) the rear surface of the vibration member. Regarding Claim 5:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein the curved portion (210) protrudes convexly toward a rear surface (any internal lateral surface of 300 can be viewed as a rear surface since it is position rear of the frontmost surface at the top of 300) of the supporting member (300, 210) from the rear portion (as seen in Figure 7, 210 has a curved shape that curves convexly to a lateral rear surface of 300).Regarding Claim 6:In Figures 7-8, Shin discloses the apparatus (display apparatus), further comprising a gap space (air gap AG, see paragraph [0120]) between the curved portion (210) of the supporting member and the vibration member (as seen in Figure 7).Regarding Claim 7:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein the vibration apparatus (220, 230) comprises: a vibration generator (vibrating piezoelectric element 230, see paragraph [0129]); and a connection member (220) between the curved portion (210) and the vibration generator (as seen in Figure 7).Regarding Claim 8:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein the vibration apparatus (220, 230) comprises: a vibration layer (231) including a piezoelectric material (see paragraph [0133]); a first electrode layer (233) at a first surface (231a) of the vibration layer (see Figure 8); and a second electrode layer (150, see paragraph [0135]) at a second surface (231b) different from the first surface of the vibration layer (see Figure 8).Regarding Claim 12:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein a distance between a center portion of the vibration apparatus (220, 230) and the vibration member (100, 400) differs from a distance between a periphery portion of the vibration apparatus and the vibration member (as seen in Figure 7, the center portion of the vibration apparatus 230 is closer to the vibration member 100, 400 than the radial periphery portion of the vibration apparatus since the center portion is convexly protrude towards the vibration member).Regarding Claim 18:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein the vibration member (100, 400) comprises one or more of a display panel including a pixel configured to display an image, a light emitting diode lighting panel, an organic light emitting lighting panel, an inorganic light emitting lighting panel, and a signage panel, or comprises one or more of metal, wood, rubber, plastic, glass, fiber, cloth, paper, mirror, and leather (see paragraphs [0051], [0088] and [0127] which discloses that the vibration member 100, 400 is a display panel with pixels to display an image and comprise glass).Regarding Claim 19:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein the vibration member (100, 400) comprises: a display panel (portion of 100 depicted as 110,120, 130, 140, henceforth referred to as DP) including a pixel (120, 130) configured to display an image (see paragraphs [00123-[0125]); and a guide member (150) supported by the supporting member (300, 210) and configured to support a rear periphery portion of the display panel (150 supports the rear periphery portion of the adhesive layer 140 of the display panel), and wherein the display panel (DP) is configured to vibrate based on a vibration of the vibration apparatus to output a sound (see paragraph [0080]).Regarding Claim 20:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein the display panel (DP) is any one of a liquid crystal display panel, a light emitting display panel, an electrophoresis display panel, a micro light emitting diode display panel, an electro-wetting display panel, and a quantum dot light emitting display panel (100 disclosed as an LCD, or light emitting display (OLED), see paragraph [0063]).Regarding Claim 21:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein: the vibration member (100, 400) further comprises a backlight (light emitting device layer 130 between the display panel and the supporting member (between 100 and 300 as seen in Figure 7), the vibration apparatus (220, 230) is configured to vibrate the backlight, and the display panel is configured to vibrate based on a vibration of the backlight to output a sound (evident from paragraphs [0132]-[0136] that vibrations generated by 230 would be transmitted to 100 and also backlight 130).Regarding Claim 22:In Figures 7-8, Shin discloses an apparatus (display apparatus), comprising: a supporting member (300, 210) including a curved portion (210, 220); and a vibration apparatus (200, 230) at the curved portion (see Figure 7), wherein the supporting member includes: a first surface facing the vibration apparatus (top surface of 210); and a second surface opposite the first surface (bottom surface of 210). Shin fails to disclose that the second surface includes a curved surface. However, it would have been an obvious matter of design choice to change the second surface to have a curved surface (for instance by changing the bottom surface of 210 to curved to be stably inserted in a similarly contoured surface in 300), since such a modification would have involved a mere change in the shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. A change in aesthetic (ornamental) design generally will not support patentability. In re Seid, 73 USPQ 431.Regarding Claim 23:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein the vibration apparatus comprises a film-type vibration apparatus (as mentioned in paragraph [0077], the vibration apparatus comprises the piezoelectric element 230 which is manufactured in a flexible film form).Regarding Claim 24:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein the vibration apparatus (200) comprises: a vibration generator (vibrating piezoelectric element 230, see paragraph [0129]); and a connection member (220) between the curved portion (210) and the vibration generator (as seen in Figure 7).Regarding Claim 25:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein the vibration apparatus (200) comprises: a vibration layer (231) including a piezoelectric material (see paragraph [0133]); a first electrode layer (233) at a first surface (231a) of the vibration layer (see Figure 8); and a second electrode layer (150, see paragraph [0135]) at a second surface (231b) different from the first surface of the vibration layer (see Figure 8).Regarding Claim 27:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein: the supporting member (300, 210) comprises a base plate (210), and the curved portion protrudes convexly from the base plate (as seen in Figure 7, 210 includes a base plate with a plurality of curved portions).Regarding Claim 32:In Figures 7-8, Shin discloses an apparatus (display apparatus), comprising: a passive vibration member (100, 400 vibrates, see paragraph [0131]); and a vibration generating apparatus (200) connected to the passive vibration member (at 150) and configured to vibrate the passive vibration member (see paragraph [0131]), wherein the vibration generating apparatus comprises the apparatus of claim 22 (as mentioned above).Regarding Claim 33:In Figures 7-8, Shin discloses an apparatus (display apparatus), wherein the passive vibration member (100, 400) comprises a material comprising one or more of metal, plastic, paper, fiber, wood, rubber, cloth, leather, glass, and mirror (as mentioned in paragraph [0088], the base substrate 110 of 100 comprises plastic or glass).Regarding Claim 34:In Figures 7-8, Shin discloses an apparatus (display apparatus), wherein the passive vibration member comprises one or more of a display panel including a pixel configured to display an image a light emitting diode lighting panel, an organic light emitting lighting panel, an inorganic light emitting lighting panel, a signage panel, a vehicular interior material, a vehicular exterior material, a vehicular glass window, a vehicular seat interior material, a building ceiling material, a building interior material, a building glass window, an aircraft interior material, an aircraft glass window, and a mirror (see paragraphs [0051], [0058], [0088] and [0127] which discloses that the vibration member 100, 400 is a display panel with pixels to display an image and comprise glass which could be a vehicular interior/exterior material).Regarding Claim 35:In Figures 7-8, Shin discloses the apparatus (display apparatus), wherein: the passive vibration member (100, 400) is a vehicle interior material (as mentioned in paragraph [0058], the display panel can be placed on a dashboard, i.e., central control panel area); the vehicle interior material comprises one or more of a dashboard (see paragraph [0058]), a pillar interior material, a roof interior material, a door interior material, a seat interior material, a handle interior material, a floor interior material, a rear package interior material, a rear view mirror, an overhead console, a glove box, and a sun visor; and the vibration generating apparatus is configured to vibrate at least one or more of the dashboard (see paragraph [0058]), the pillar interior material, the roof interior material, the door interior material, the seat interior material, the handle interior material, the floor interior material, the rear package interior material, the rear view mirror, the overhead console, the glove box, and the sun visor.Regarding Claim 36:In Figures 7-8, Shin discloses an apparatus (display apparatus), comprising: a vibration member (230, 220, see paragraph [0101]), a supporting member (210, 150, 300) at a rear surface (210 is at bottom rear surface of 220) of the vibration member and including a plurality of curved portions (each support plate 210 includes a plurality of curved portions as seen in Figure 3); and a plurality of vibration apparatus (200 provided in a plurality as mentioned in paragraph [0101]) each disposed at the plurality of a respective curved portion of the supporting member and having a curved shape (as seen in Figure 3, each vibration member 230, 220 is disposed on corresponding curved portions of the supporting member 210) wherein each curved portion of the supporting member includes: a first surface facing the vibration apparatus (top curved surface of 210); and a second surface opposite the first surface (bottom surface of 210). Shin fails to disclose that the second surface includes a curved surface. However, it would have been an obvious matter of design choice to change the second surface to have a curved surface (for instance by changing the bottom surface of 210 to curved to be stably inserted in a similarly contoured surface in 300), since such a modification would have involved a mere change in the shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. A change in aesthetic (ornamental) design generally will not support patentability. In re Seid, 73 USPQ 431.Regarding Claim 37:In Figures 7-8, Shin discloses an apparatus (display apparatus), wherein the plurality of curved portions include a first curved portion (any one of left curved portions of 210 corresponding to the left sound module 200 in Figure 3) and a second curved portion (any one of the curved portions of 210 corresponding to the right sound module 200 in Figure 3), wherein the plurality of vibration apparatus include a first vibration apparatus (left sound module 230, 220) and a second vibration apparatus (right sound module 230, 220), and wherein the first vibration apparatus is attached on the first curved portion (as seen in Figure 3), and the second vibration apparatus is attached on the second curved portion (as seen in Figure 3).Regarding Claim 38:In Figures 7-8, Shin discloses an apparatus (display apparatus), wherein the supporting member (210, 150, 300) further includes a rear portion (150), and wherein the first curved portion and the second curved portion each protrudes from the rear portion to have different curvatures or same curvature (as seen in Figure 3, each of the first and second curved portions of 210 protrude from 150 and have the same curvatures).Regarding Claim 41:In Figures 7-8, Shin discloses an apparatus (display apparatus), wherein the supporting member (210, 150, 300) further includes a reinforcement portion (140) at a center portion of the rear portion (adhesive layer 140 forms a reinforcement portion at the center and along all the bottom surface of 150).
Response to Arguments
Applicant' s arguments with respect to the pending claims have been considered but are moot because the arguments do not apply to any of the new grounds of rejection being used in the current office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINICK L PLAKKOOTTAM whose telephone number is (571)270-7571. The examiner can normally be reached Monday - Friday 12 pm -8 pm ET.
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/DOMINICK L PLAKKOOTTAM/Primary Examiner, Art Unit 3746