++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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this 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.
Claims 1-2,5-6, 8-9, 14-18, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Lee et al [US 2022/0061195].
► With respect to claim 1, Lee et al (fig 2 & 5, display device of fig 1 using cushion plate 300 of fig 5, text [0001]-[0191]) discloses the claimed display device comprising:
a cover member (20);
a display panel (100) disposed on the cover member; and
a cushion plate (300) disposed on the display panel, wherein the cushion plate includes a cushion layer(330/320, fig 5), a conductor(353), and a heat-dissipation layer (310), wherein the cushion layer and the conductor are disposed between the display panel and the heat-dissipation layer, and wherein the conductor is disposed in an edge area of the cushion plate (fig 1 using cushion plate 300).
► With respect to claim 2, Lee et al (fig 5) discloses wherein the cushion layer and the conductor are disposed at a same layer with respect to the heat-dissipation layer.
► With respect to claim 5, Lee et al (figs 2 & 5) discloses wherein at least one receiving groove (301) is defined in an edge area of the cushion layer, and wherein the conductor is disposed in the at least one receiving groove
► With respect to claim 6, limitation of product by process "wherein the at least one receiving groove is formed by removing a portion of the cushion layer" does not carry patentability. "Even though product -by[-] process claims are limited by and defined by the process, determination of patentability is based upon the product itself. The patentability of a product does not depend on its method of production. If the product in product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product is made by a different process." In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted}. A "product by process" claim is directed to the product per se, no matter how actually made, In re Hirao and Sato et al., 190 USPQ 15 at 17 (CCPA 1976) (footnote 3). See also in re Brown and Saffer, 173 USPQ 685 (CCPA 1972): In re Luck and Gainer, 177 USPQ 523 (CCPA 1973); In re Fessmann, 180 USPQ 324 (CCPA 1974); and In re Marosi et al., 218 USPQ 289 (CAFC 1983) final product per se which must be determined in a "product by, all of" claim, and not the patentability of the process, and that an old or obvious product, whether claimed in "product by process" claims or not.
► With respect to claim 8, Lee et al (fig 5) discloses wherein the conductor is in contact with the heat- dissipation layer.
► With respect to claim 9, Lee et al (fig 5) discloses wherein the conductor is in contact with the heat- dissipation layer.
► With respect to claim 14, Lee et al (figs 2 & 5) discloses wherein the conductor is spaced apart from the cushion layer by a predetermined distance (space 306).
► With respect to claim 15, Lee et al (fig 2 & 5, display device of fig 1 using cushion plate 300 of fig 5, text [0001]-[0191]) discloses the claimed display device comprising:
a cover member (200);
a display panel (100) disposed on the cover member; and
a cushion plate (300) disposed on the display panel, wherein the cushion plate includes at least one conductor (353, Cu, text [0158]) having an electrical resistance lower than an electrical resistance of the display panel (display panel 100 comprising substrate 110 of plastic, pixel array 120 and encapsulant 130), and wherein the at least one conductor is disposed in an edge area of the cushion plate (see fig 5).
► With respect to claim 16, Lee et al discloses wherein the resistance of the conductor (Cu) is lower than or equal to 10³Ω
► With respect to claim 17, Lee et al (fig 2) discloses wherein the conductor is disposed inwardly of a distal end of the display panel.
► With respect to claim 18, Lee et al discloses wherein the cushion plate (300) includes a heat-dissipation layer (300), and a cushion layer (330/320) disposed between the heat- dissipation layer and the display panel, and wherein the heat-dissipation layer and the conductor (353) are electrically connected to each other.
► With respect to claim 20, Lee et al (figs 1A/1B/2 & 5, text [0001]-[0191]) discloses the claimed display device comprising:
a cover member (20);
a display panel (100) disposed on the cover member;
a cushion plate (300) disposed on the display panel and including a cushion layer(330/300), a conductor (353), and a heat-dissipation layer (310), wherein the cushion layer and the conductive layer are disposed between the display panel and the heat-dissipation layer, and the conductor is disposed in an edge area of the cushion plate; and
a casing (30, text [0051]) disposed on the back surface of the display device so as to support the cover member.
Allowable Subject Matter
Claims 3, 7 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.
Response to Arguments
Applicant's arguments filed 3/5/2026 have been fully considered but they are not persuasive.
► In regard to Applicant’s argument that Lee is not a prior art since the benefit of priority of KR 10-2021-0121448 filed on September 13, 2021. The argument is not persuasive since no certified English translation has been filed to KR 10-2021-0121448 application to perfect the filing date of the priority document. See MPEP 2152.06. Lee (US 2022/0061195) being as valid prior art can still be used as rejection above.
Conclusion
THIS ACTION IS MADE FINAL. 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 THANHHA S PHAM whose telephone number is (571)272-1696. The examiner can normally be reached Monday-Friday.
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/THANHHA S PHAM/Primary Examiner, Art Unit 2812
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