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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10 in the reply filed on February 17, 2026 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Double Patenting
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 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of copending Application No. 18/201,898 (allowed) (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other as set forth below.
Instant application
SN 18/201,898
Claim 1 states,
An electronic apparatus comprising:
(1) a display panel configured to display an image; and (2) a functional layer disposed on a rear surface of the display panel, wherein the functional layer includes: (3) a base portion including a first surface facing the rear surface and a second surface opposite to the first surface; and (4) heat dissipation materials and (5) metal particles dispersed inside the base portion, wherein: (6) the metal particles are distributed more densely in a region closer to the second surface than in a region closer to the first surface.
Claim 6 states,
An electronic apparatus comprising:
(1) a display panel having a rear surface; and (2 & 4) a heat dissipation layer disposed on the rear surface of the display panel, wherein the heat dissipation layer includes: (3) a base portion including a first surface facing the rear surface and a second surface opposite to the first surface; and (5) conductive particles dispersed in the base portion, (6) wherein the conductive particles are spaced apart from the first surface, and a density of a distribution of the conductive particles increases from the first surface to the second surface, wherein the conductive particles prevent transfer of heat to the display panel, (5) wherein each of the conductive particles includes a metal material.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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) 1-4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over An et al. (US 2021/03202853 A1) in view of Qin (CN 107819024 A).
Regarding claim 1, An discloses an electronic apparatus comprising: a display panel (110) configured to display an image; and a functional layer (410) disposed on a rear surface of the display panel, wherein the functional layer (410) includes: a base portion including a first surface facing the rear surface and a second surface opposite to the first surface (Fig. 16); and heat dissipation materials (415) and metal particles (416, ¶[0160]) dispersed inside the base portion (Fig. 15). An fails to state wherein: the metal particles are distributed more densely in a region closer to the second surface than in a region closer to the first surface.
Qin discloses OLED display comprising a functional layer (10) comprising a base portion including a first surface facing the display and a second surface opposite to the first surface (Fig. 3), and heat dissipation materials (110) and metal particles (12a, ¶[0031]) dispersed inside the base portion, wherein: the metal particles (12a) are distributed more densely in a region closer to the second surface than in a region closer to the first surface (Fig. 3) in order to gradually increase the specific heat capacity of the metal particles towards the second surface away from the display panel, so the heat gradually spread towards the second surface, obtaining a good heat radiating effect. Thus, it would have been obvious to one of ordinary skill in the art at the time of effective filling of the claimed invention to incorporate the metal particle distribution as disclosed by Qin in the display of An in order to gradually increase the specific heat capacity of the metal particles towards the second surface away from the display panel, so the heat gradually spread towards the second surface, obtaining a good heat radiating effect.
Regarding claim 2, An discloses an electronic apparatus wherein the functional layer (410) is a single layer (Fig. 15).
Regarding claim 3, An discloses an electronic apparatus wherein the first surface (upper surface of layer 410) is in contact with the rear surface (110c) of the display panel (110).
Regarding claim 4, An discloses an electronic apparatus wherein the display panel comprises a base substrate (110) defining the rear surface (110c) of the display panel and light emitting elements (310, ¶[0072]) disposed on the base substrate (110), wherein the first surface (upper surface of layer 410) is in contact with the base substrate (110).
Regarding claim 6, An discloses an electronic apparatus wherein the heat dissipation materials comprise a carbon-based heat dissipation material (¶[0183]).
Regarding claim 9, An fails to state wherein a thermal diffusion coefficient of the functional layer is about 43 mm2/s. One skilled in the art would have reasonably contemplate customizing the thermal diffusion coefficient of the functional layer by optimizing a ratio of the heat dissipation material and metal particles in order achieve a desired heat propagation through the functional layer and away from the electronic apparatus. Thus, it would have been obvious to one of ordinary skill in the art at the time of effective filling of the claimed invention to customize the thermal diffusion coefficient of the functional layer to about 43 mm2/s by optimizing a ratio of the heat dissipation material and metal particles in order achieve a desired heat propagation through the functional layer and away from the electronic apparatus.
Regarding claim 10, An discloses an electronic apparatus wherein a thickness of the functional layer is about 100µm to about 350µm (¶[0107]).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over An et al. (US 2021/03202853 A1) in view of Qin (CN 107819024 A), further in view of Hirano (US 2012/0286194 A1).
Regarding claim 5, An discloses wherein the base portion comprises a resin, but fails to exemplify the base portion comprises styrene-butadiene rubber. Hirano discloses an electronic apparatus comprising a thermally conductive support sheet (Fig. 1) having a base portion comprising styrene-butadiene rubber (3, ¶s[0029-003]) and metal particles (2b, ¶[0062]) dispersed therein, the combined materials enhance thermal conductivity of support sheet. It is considered within the capabilities of one skilled in the art the selection of a material based on its known suitability for an intended application as an obvious matter of design engineering. Thus, it would have been obvious to one having ordinary skills in the art at the time of effective filling of the claimed invention to have the base portion comprising styrene-butadiene rubber as disclosed by Hirano in the electronic apparatus of An in view of Qin in order to enhance thermal conductivity of support sheet, since the selection of known materials for a known purpose is within the skill of the art.
Allowable Subject Matter
Claims 7-8 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim(s) 7, the references of the Prior Art of record fails to teach or suggest the combination of the limitations as set forth in claim(s) 7, and specifically comprising the limitation of the functional layer further comprises a plurality of protruded portions protruding from the second surface.
Regarding claim(s) 8, claims(s) 8 is/are allowable for the reasons given in claim(s) 7 because of its/their dependency status from claim(s) 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen (CN 117523982 A) discloses a display panel, comprising a panel main body, a supporting layer, set on the surface of the back plate of the panel main body, the supporting layer comprises: a first radiating layer and a second radiating layer, the second radiating layer is set on the first radiating layer, the second radiating layer is located between the first radiating layer and the back plate of the panel main body, the first radiating layer comprises a first heat-conducting material and a first metal fibre, the first heat-conducting material is distributed around the first metal fibre, the second radiating layer comprises a second heat-conducting material and a carbon fibre, the second heat-conducting material is distributed around the carbon fibre.
Hwang (KR 20160042298 A) discloses a heat dissipation device of a display panel, comprising: a heat diffusion layer diffusing heat transmitted from a display panel to dissipate the heat; and a heat discharging layer stacked on the heat diffusion layer, having dispersed graphite particles where a plurality of metal nano particles are bonded to surfaces thereof, and discharging the heat transmitted from the heat diffusion layer to the outside.
The rejections above rely on the references for all the teachings expressed in the text of the references and/or one of ordinary skill in the art would have reasonably understood or implied from the texts of the references. To emphasize certain aspects of the prior art, only specific portions of the texts have been pointed out. Each reference as a whole should be reviewed in responding to the rejection, since other sections of the same reference and/or various combinations of the cited references may be relied on in future rejections in view of amendments.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mariceli Santiago whose telephone number is (571) 272-2464. The examiner can normally be reached on Monday-Friday from 8:00 AM to 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Han, can be reached on (571) 272-2078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Mariceli Santiago/Primary Examiner, Art Unit 2879