Prosecution Insights
Last updated: May 04, 2026
Application No. 18/218,176

APPARATUS

Final Rejection §102§103
Filed
Jul 05, 2023
Priority
Jul 05, 2022 — RE 10-2022-0082809 +1 more
Examiner
BRINEY III, WALTER F
Art Unit
2692
Tech Center
2600 — Communications
Assignee
LG Display Co., Ltd.
OA Round
2 (Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
71%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
353 granted / 541 resolved
+3.2% vs TC avg
Moderate +5% lift
Without
With
+5.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
58 currently pending
Career history
599
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
62.8%
+22.8% vs TC avg
§102
13.6%
-26.4% vs TC avg
§112
9.7%
-30.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 541 resolved cases

Office Action

§102 §103
Detailed Action The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . See 35 U.S.C. § 100 (note). Restriction The Examiner issued a Restriction Requirement (29 July 2025) requiring election of species. Applicant’s Reply (29 September 2025) has elected, without traverse, Species I, the embodiment of FIGs. 7–12. Accordingly, the Examiner has examined corresponding claims 1–22 and 36–39. Claims 23–35 are withdrawn. The Restriction Requirement is final. Art Rejections Anticipation 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1–7 are rejected under 35 U.S.C. § 102(a)(1), (2) as being anticipated by US Patent Application Publication 2024/0015426 (published 11 January 2024) (“Ikuma”). Claim 1 is drawn to “an apparatus.” The following table illustrates the correspondence between the claimed apparatus and the Ikuma reference. Claim 1 The Ikuma Reference “1. An apparatus, comprising: “a vibration member; Ikuma’s display device has a a display panel 2 that is vibrated by acoustic energy produced by a woofer. Id. at ¶ 33, FIG.9. “a supporting member at a rear surface of the vibration member; and The display device further includes a back chassis 3 at the rear of display panel 2 and corresponding to the claimed supporting member. Id. at ¶ 33, FIG.9. “a sound generating apparatus at a rear surface of the supporting member, Ikuma describes a woofer 5, corresponding to the claimed sound generating apparatus, fixed to the rear of back chassis 3. Id. at ¶ 49, FIG.9. “wherein the sound generating apparatus is configured to output a first sound in a first direction and to output a second sound in a second direction different from the first direction.” Woofer 5 outputs sound along a positive Z-axis and a positive Y-axis. Id. at ¶ 51, FIG.9. Table 1 PNG media_image1.png 274 592 media_image1.png Greyscale Figure 1: Marked-up copy of Ikuma’s FIG.9: marked up to highlight features that are apparent, but not described in detail by the reference. For the foregoing reasons, the Ikuma reference anticipates all limitations of the claim. Claim 2 depends on claim 1, and further requires the following: “wherein the first direction is a forward direction of the vibration member and the second direction is a direction vertical to the first direction, the second direction being a vertical direction parallel with the vibration member in an up or down direction.” Ikuma’s woofer 5 similarly outputs sound along a positive Z-axis and a positive Y-axis that runs parallel with display panel 2. Ikuma at ¶¶ 49, 51, FIG.9. For the foregoing reasons, the Ikuma reference anticipates all limitations of the claim. Claim 3 depends on claim 1, and further requires the following: “wherein the first sound and the second sound have different phases from each other or have different sound bands from each other.” Sound generated by woofer 5 is output along a positive Z-axis through openings 35a in back chassis 3 and through display panel 2. Ikuma at ¶¶ 49, 51, FIG.9. Sound is also output along a positive Y-axis from duct 52a to slit 61a, located a set distance from holes 35a. Id. Because display panel 2 radiates sound from radiation region R2 of its front surface 2a and because duct 52a and slit 61a are located behind rear surface 2b of panel 2, the sound output along the X-axis will have an opposite phase of sound output along the positive Y-axis—namely, when front surface 2a is excited to bend outwards it compresses air in front and creates a rarefied volume along rear surface 2b. See id. at ¶¶ 22, 37, 49, 51, FIGs.4, 9 (describing the compression of air waves; describing and depicting the front surfaces 2a as having a vibration region R2; describing and depicting the output of sound from slits 61a). For the foregoing reasons, the Ikuma reference anticipates all limitations of the claim. Claim 4 depends on claim 1, and further requires the following: “wherein the first sound has a first phase; and “wherein the second sound has a second phase opposite to the first phase.” Sound generated by woofer 5 is output along a positive Z-axis through openings 35a in back chassis 3 and through display panel 2. Ikuma at ¶¶ 49, 51, FIG.9. Sound is also output along a positive Y-axis from duct 52a and slit 61a, located a set distance from holes 35a. Id. Because display panel 2 radiates sound from radiation region R2 of its front surface 2a and because slot 52a and slit 61a are located behind rear surface 2b of panel 2, the sound output along the X-axis will have an opposite phase of sound output along the positive Y-axis—namely, when front surface 2a is excited to bend outwards it compresses air in front and creates a rarefied volume along rear surface 2b. See id. at ¶¶ 22, 37, 49, 51, FIGs.4, 9 (describing the compression of air waves; describing and depicting the front surfaces 2a as having a vibration region R2; describing and depicting the output of sound from slits 61a). For the foregoing reasons, the Ikuma reference anticipates all limitations of the claim. Claim 5 depends on claim 1, and further requires the following: “wherein the sound generating apparatus comprises: “a sound generator configured to generate the first sound and the second sound; and “a sound guide member configured to guide the second sound generated from the sound generator to be output in the second direction, the second direction being different from the first direction of the vibration member.” Similarly, Ikuma’s woofer 5 includes a speaker (not labeled) having a diaphragm that generates acoustic energy that is separated into first and second sounds by multiple mechanisms. Ikuma at ¶ 49, FIG.9. In one mechanism, the woofer’s speaker and panel 2 cooperate together to form a sound generator such that sound with a first phase is output from front surface 2a and sound with a second phase is output from slots 52a and slit 61a. Id. at ¶¶ 22, 37, 49, 51, FIGs.4, 9 (see discussion in the rejection of claim 4). In another mechanism, the woofer’s speaker outputs a first sound through holes 35a along a Z-axis and a second sound from slit 61a along a Y-axis. Id. at ¶ 49, 51, FIG.9. Further, Ikuma’s woofer 5 includes a rear cover 6 that corresponds to the claimed sound guide member. Id. at ¶¶ 53–56, FIG.9. Rear cover 6 includes a duct 52a that guides sound from the woofer’s diaphragm to slit 61a, which outputs sound along a positive Y-axis. Id. For the foregoing reasons, the Ikuma reference anticipates all limitations of the claim. Claim 6 depends on claim 5, and further requires the following: “wherein the sound guide member comprises: “a guide part at the rear surface of the supporting member; and “a guide tip at an end thereof pointing toward the rear surface of the supporting member.” Ikuma’s woofer 5 includes a guide part that couples to the rear of back chassis 3. It further includes a guide tip that points towards back chassis 3. Id. at ¶ 53, FIG.9 (note portion of sidewall 61 that points to back chassis 3 without touching the chassis). See Figure 1 for more details. For the foregoing reasons, the Ikuma reference anticipates all limitations of the claim. Claim 7 depends on claim 5, and further requires the following: “wherein: the sound generator comprises a vibration plate, and “the vibration plate faces the sound guide member or faces the rear surface of the supporting member.” Ikuma’s woofer includes a driver with a diaphragm corresponding to the claimed vibration plate. Ikuma at ¶ 49, FIG.9. Ikuma depicts the diaphragm in profile as having a major surface that is facing the rear of back chassis 3. Id. at FIG.9; see Figure 1 for more details. For the foregoing reasons, the Ikuma reference anticipates all limitations of the claim. Obviousness 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. Claims 8, 9, 11 and 36–38 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Ikuma and US Patent Application Publication 2021/0026590 (published 28 January 2021) (“Nam”). Claims 10 and 39 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Ikuma; Nam and US Patent Application Publication 2021/0345037 (effectively filed 29 April 2020) (“Rhim”). Claims 12 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Ikuma; Nam and US Patent Application Publication 2017/0205858 (effectively filed 20 July 2017) (“Wong”). Claim 8 depends on claim 1, and further requires the following: “further comprising: a driving circuit part at the rear surface of the supporting member, the driving circuit part including a printed circuit board connected to the vibration member; and a circuit cover at the rear surface of the supporting member, the circuit cover covering the printed circuit board.” Ikuma’s display device 1 is an electronic device (e.g., OLED) and inherently requires driving circuitry to drive display panel 2. Ikuma at ¶ 22. However, Ikuma does not describe that circuitry in any detail, instead focusing on the sound components. One of ordinary skill would have thus been motivated to find other teachings to model a design for a driving circuitry and a manner of housing the circuitry with display device 1. The Nam reference describes a display apparatus having a display panel 100, a sound generator 700 mounted to the rear of the panel and a driving circuit 300 also mounted to the rear of the panel by a vibration-reducing support 400. Nam at ¶¶ 61, 95, 112, 114, FIGs.3, 5. Nam further teaches and suggests covering the rear of both sound generator 700 and driving circuit 300 with a circuit cover 600 to protect the devices. Id. at ¶¶ 101, 112, FIGs.3, 5. Nam teaches and suggests forming driving circuit 300 with a PCB 330. Read in light of Ikuma, Nam’s teachings would have reasonably suggested implementing Ikuma’s display device 1 in a similar manner. In particular, one of ordinary skill would have configured a circuit cover that covers a driving circuit and at least part of woofer 5. The driving circuit would include a PCB and other circuitry (e.g., ICs) to drive display panel 2. The driving circuit would also be connected to the rear of panel 2, for example, by being fixed to back chassis 3 using a vibration-reducing support. One of ordinary skill would have also reasonably recognized that Ikuma’s rear cover 6 acts as a protective cover and when shaped and sized properly would act as a driving circuit cover. See Ikuma at ¶ 53, FIGs.1, 2 (describing and depicting Ikuma’s rear cover 6 as covering at least woofer 5). For the foregoing reasons, the combination of the Ikuma and the Nam references makes obvious all limitations of the claim. Claim 9 depends on claim 8, and further requires the following: “wherein the sound generating apparatus is configured to overlap the rear surface of the supporting member and the circuit cover.” The obviousness rejection of claim 8, incorporated herein, shows the obviousness of positioning driver circuitry and its PCB on the rear of Ikuma’s display panel 2 (e.g., on the rear of back chassis 3), and covering both the driver circuitry PCB and woofer 5 with a protective cover (either a separate element or an extended version of rear cover 6) so that woofer 5 overlaps with back chassis 3 and the cover when viewed along Ikuma’s Z-axis. See Ikuma at FIG.9 (depicting a cross-section where woofer 5 overlaps with back chassis 3 along the labeled Z-axis); Nam at FIG.5 (depicting a cross-section where a sound generator overlaps with a circuit cover 600 along the labeled Z-axis). For the foregoing reasons, the combination of the Ikuma and the Nam references makes obvious all limitations of the claim. Claim 10 depends on claim 8, and further requires the following: “wherein the circuit cover comprises one or more holes through for outputting the second sound.” Ikuma describes mixing sound emitted from front surface 2a of display panel 2 with sound emitted from duct 52a and slit 61a. See Ikuma at ¶ 56. The Rhim reference further teaches and suggests guiding rearward energy to an area outside the bounds of a display panel, for example, to the side/front of the display panel. Rhim at ¶¶ 214–217, FIG.5. This would have reasonably suggested modifying any circuit cover added to Ikuma’s display 1 to allow sound emitted from slit 61a to escape from the circuit cover to the side/front of the display. Claim 11 depends on claim 8, and further requires the following: “further comprising a noise reduction part connected to the circuit cover.” Ikuma describes a member M that acts as a cushion. Ikuma at ¶ 56. Due to its role as a cushion, member M will inherently reduce noise due to the vibration of woofer 5. See also Nam at ¶¶ 112–114, FIG.5 (describing a second support that reduces vibration in the panel from being transmitted to a driving circuit). For the foregoing reasons, the combination of the Ikuma and the Nam references makes obvious all limitations of the claim. Claim 12 depends on claim 8, and further requires the following: “wherein a space is provided between the circuit cover and the printed circuit board for outputting the second sound in the second direction.” Nam similarly teaches and suggests including a space between a PCB 330 and a circuit cover 670. Nam at ¶ 100, FIG.5. Additionally, the Wong reference teaches and suggests using acoustic energy generated by a display device’s speaker as a convection device to move air along driver circuitry. Wong at ¶¶ 26–31, FIG.3. This would have reasonably suggested forming woofer 5 to focus acoustic energy towards Ikuma’s driver circuitry. Following Wong’s example of emitting rearward sound toward a circuit, one of ordinary skill would have desired to direct acoustic energy emitted by slit 61a towards Ikuma’s driver circuitry. See Wong at FIG.3 (depicting the direction of acoustic energy airflow 362 from a driver 354/356 to pass over a circuit 310/320/330 to create convection airflow 364). Moreover, Wong teaches adding an acoustic output in a circuit cover near the driver circuitry, suggesting the addition of an opening 366 in a circuit cover to output sound along a second direction as claimed. See Wong at ¶ 28, FIG.3. Accordingly, it would have been obvious to modify Ikuma’s display 1 to include a space between a driving circuit PCB and its circuit cover, and to include an air outlet in the circuit cover to output sound along a second direction. For the foregoing reasons, the combination of the Ikuma, the Nam and the Wong references makes obvious all limitations of the claim. Claim 36 depends on claim 8, and further requires the following: “wherein the sound generating apparatus comprises: “a sound generator configured to generate the first sound and the second sound; and “a sound guide member configured to guide the second sound generated from the sound generator toward the second direction.” Similarly, Ikuma’s woofer 5 includes a speaker (not labeled) having a diaphragm that generates acoustic energy that is separated into first and second sounds by multiple mechanisms. Ikuma at ¶ 49, FIG.9. In one mechanism, the woofer’s speaker and panel 2 cooperate together to form a sound generator such that sound with a first phase is output from front surface 2a and sound with a second phase is output from slots 52a and slit 61a. Id. at ¶¶ 22, 37, 49, 51, FIGs.4, 9 (see discussion in the rejection of claim 4). In another mechanism, the woofer’s speaker outputs a first sound through holes 35a along a Z-axis and a second sound from slit 61a along a Y-axis. Id. at ¶ 49, 51, FIG.9. Further, Ikuma’s woofer 5 includes a rear cover 6 that corresponds to the claimed sound guide member. Id. at ¶¶ 53–56, FIG.9. Rear cover 6 includes a duct 52a that guides sound from the woofer’s diaphragm to slit 61a, which outputs sound along a positive Y-axis. Id. For the foregoing reasons, the combination of the Ikuma and the Nam references makes obvious all limitations of the claim. Claim 37 depends on claim 36, and further requires the following: “wherein the sound guide member comprises: “a guide part at the rear surface of the supporting member; and “a guide tip at an end thereof pointing toward the rear surface of the supporting member.” Ikuma’s woofer 5 includes a guide part that couples to the rear of back chassis 3. It further includes a guide tip that points towards back chassis 3. Id. at ¶ 53, FIG.9 (note portion of sidewall 61 that points to back chassis 3 without touching the chassis). See Figure 1 for more details. For the foregoing reasons, the combination of the Ikuma and the Nam references makes obvious all limitations of the claim. Claim 38 depends on claim 36, and further requires the following: “wherein: the sound generator comprises a vibration plate; and the vibration plate faces the sound guide member or faces the rear surface of the supporting member.” Ikuma’s woofer includes a driver with a diaphragm corresponding to the claimed vibration plate. Ikuma at ¶ 49, FIG.9. Ikuma depicts the diaphragm in profile as having a major surface that is facing the rear of back chassis 3. Id. at FIG.9; see Figure 1 for more details. For the foregoing reasons, the combination of the Ikuma and the Nam references makes obvious all limitations of the claim. Claim 39 depends on claim 1, and further requires the following: “wherein the vibration member comprises: a display panel including a plurality of pixels configured to display an image; and “a backlight between the display panel and the supporting member.” Ikuma describes display panel 2 as an OLED. Ikuma at ¶ 22. One of ordinary skill would have understood an OLED as a term or art that describes a multi-pixel display for displaying images. Ikuma does not describe another embodiment that includes a backlight, as claimed. The Rhim reference, however, recognizes that vibrating display panels may be OLEDs or liquid-crystal displays with backlights. Rhim at ¶¶ 77–80, FIG.5 (depicting a panel 100, a backlight 120, a support 150 and a vibration/sound generator 2330 mounted on support 150). Based on this art acknowledgement of alternative vibrating displays, it would have been obvious for one of ordinary skill in the art to embody Ikuma’s display panel 2 as a combination of a pixelated display panel and a backlight instead of as an OLED panel. Back chassis 3 would then be located to the rear of the backlight to support Ikuma’s woofer 5. Summary Claims 1–12 and 36–39 are rejected under at least one of 35 U.S.C. §§ 102 and 103 as being unpatentable over the cited prior art. In the event the determination of the status of the application as subject to AIA 35 U.S.C. §§ 102 and 103 (or as subject to pre-AIA 35 U.S.C. §§ 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention. Allowable Subject Matter Claims 13–22 are objected to for reciting allowable subject matter while depending on a rejected base claim. The claims would be allowable if rewritten in independent form, including all limitations of the ir base claim and any and all intervening claims. Claim 13 depends on claim 8, and further requires the following: “wherein the sound generating apparatus comprises: “a case member disposed at the rear surface of the supporting member, the case member including an accommodating hole; “a sound generator accommodated into the accommodating hole of the case member and configured to output the first sound and the second sound; and “a sound guide member connected to the case member covering the sound generator and a portion of the circuit cover, “wherein a space is formed between the circuit cover and the sound guide member to output the second sound therethrough.” Ikuma’s woofer 5 includes a housing, or case member, 52 and a speaker unit, or sound generator, 51. Ikuma at ¶ 62, FIGs.7, 9. Housing 52 includes a hole to hold speaker unit 51. See id. at FIG.9 (depicting the cross-sectional fitting of speaker 51 in housing 52). Speaker 51 generates sound that is emitted as a first sound along a Z-axis and a second sound that is emitted along a Y-axis. Id. at ¶ 62, FIG.9. Ikuma further includes a rear cover 6 corresponding to the claimed sound guide member. The obviousness rejection of claim 8, incorporated herein, shows the obviousness of adding a circuit cover to Ikuma, or modifying Ikuma’s rear cover 6 to function as a circuit cover. However, the cited prior art does not fairly teach or suggest simultaneously forming rear cover 6 to cover a separate circuit cover and to form a space between it and the circuit cover so second sound is output through the space. Instead, Ikuma suggests outputting sound through a slit 6a. For the foregoing reasons, claim 8 recites allowable subject matter. Claims 14–22 depend on claim 8. They recite allowable subject matter for the same reasons as claim 8. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WALTER F BRINEY III whose telephone number is (571)272-7513. The examiner can normally be reached M-F 8 am-4:30 pm. 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached at 571-270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Walter F Briney III/ Walter F Briney IIIPrimary ExaminerArt Unit 2692 11/28/2025
Read full office action

Prosecution Timeline

Jul 05, 2023
Application Filed
Nov 28, 2025
Non-Final Rejection — §102, §103
Mar 01, 2026
Response Filed
Apr 23, 2026
Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
71%
With Interview (+5.4%)
3y 0m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 541 resolved cases by this examiner. Grant probability derived from career allowance rate.

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