Prosecution Insights
Last updated: May 04, 2026
Application No. 18/455,791

APPARATUS

Non-Final OA §102§103
Filed
Aug 25, 2023
Priority
Sep 05, 2022 — RE 10-2022-0112331
Examiner
BRINEY III, WALTER F
Art Unit
2692
Tech Center
2600 — Communications
Assignee
LG Display Co., Ltd.
OA Round
3 (Non-Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
3m
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). 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. Claims 1, 3, 9, 10, 14–16, 18, 20, 25, 26, 30, 32 and 34 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by US Patent Application Publication 2020/0379709 (published 03 December 2020) (“Kim”). Claim 1 is drawn to “an apparatus.” The following table illustrates the correspondence between the claimed apparatus and the Kim reference. Claim 1 The Kim Reference “1. An apparatus, comprising: The Kim reference similarly describes a display device 10 corresponding to the claimed apparatus. Kim at Abs., ¶ 75, FIG.1. “a vibration member; Display device 10 includes a display panel 110 used as a vibration member. Id. at ¶¶ 75, 98, FIGs.1, 10, 11, 19. “a vibration apparatus configured to vibrate the vibration member; A sound generator 210 vibrates display panel 110. Id. “a supporting member disposed at a rear surface of the vibration member with a first space therebetween; and Display device 10 includes a lower chassis 180 disposed at the rear of display panel 110 with a first space between. Id. at ¶¶ 239–243, FIG.19. Lower chassis 180 corresponds to the claimed supporting member. “an enclosure configuring a second space at a rear surface of the supporting member overlapping with the vibration apparatus, There is a second space located to the rear of lower chassis 180 and sound generator 210. See id. at FIG.19. Kim also describes a lower set cover 102 that corresponds to the claimed enclosure since it encloses the second space to the rear of lower chassis 180. Id. at ¶ 78, FIG.1. “wherein the first space is connected with the second space, A hole H and a plurality of through holes TH1, TH2 connect the first space and the second space. Id. at ¶¶ 100, 239–243, FIGs.1, 19. “wherein the supporting member comprises at least one first hole overlapping with a rear surface of the vibration apparatus, and Lower chassis 180 includes an opening H that accommodates sound generator 210 and overlaps the rear of sound generator 210 when viewed along a Z-axis. See id. at ¶ 100, FIGs.1, 2, 19. “wherein a rear surface of the vibration apparatus is spaced apart from the supporting member and the enclosure.” The rear of sound generator 210 is spaced apart from lower chassis 180. Id. at FIG.19. Further, the rear of sound generator 210 is spaced apart from lower set cover 102 since lower set cover 102 includes sidewalls that offset the bottom plate of lower set cover 102 from the rear of lower chassis 180. See id. at ¶ 78, FIG.1 (describing and depicting lower set cover 102 with sidewalls projecting away from the rear of lower chassis 180 to accommodate structures located to the rear of lower chassis 180). Table 1 For the foregoing reasons, the Kim reference anticipates all limitations of the claim. Claim 3 depends on claim 1 and further requires the following: “wherein the first space is connected with the second space by the at least one first hole.” Kim’s hole H connects two spaces in front and to the rear of lower chassis 180. Kim at ¶ 100, FIGs.1, 19. For the foregoing reasons, the Kim reference anticipates all limitations of the claim. Claim 9 depends on claim 1 and further requires the following: “wherein the vibration apparatus is connected with the rear surface of the vibration member to vibrate the vibration member.” Claim 25 depends on claim 20 and further requires the following: “wherein the vibration apparatus is connected with the rear surface of the vibration member to vibrate the vibration member.” Claim 26 depends on claim 25 and further requires the following: “wherein the vibration apparatus is disposed between the vibration member and the supporting member.” Claims 9, 25 and 26 are treated as a group. Kim connects sound generator 210 to the rear of display panel 110 between panel 110 and rear chassis 180 to vibrate display panel 110. Kim at ¶¶ 75, 98, FIGs.1, 10, 11, 19. For the foregoing reasons, the Kim reference anticipates all limitations of the claims. Claim 10 depends on claim 9 and further requires the following: “wherein the vibration apparatus is disposed in the first space.” Kim positions sound generator 210 in a first space in front of lower chassis 180. Kim at FIG.19. For the foregoing reasons, the Kim reference anticipates all limitations of the claim. Claim 14 depends on claim 1 and further requires the following: “further comprising a partition member disposed between the vibration member and the supporting member and surrounding the vibration apparatus, wherein the first space is surrounded by the partition member.” Claim 30 depends on claim 20 and further requires the following: “further comprising a partition member disposed between the vibration member and the supporting member and surrounding the vibration apparatus.” Claims 14 and 30 are treated as a group. Kim’s device 10 further includes partitions 191, 192, 193 that divide a first space in front of lower chassis 180. Kim at ¶ 125, FIGs.2, 19. For the foregoing reasons, the Kim reference anticipates all limitations of the claims. Claim 15 depends on claim 1 and further requires the following: “wherein the vibration member comprises one or more materials of metal, plastic, fiber, leather, wood, cloth, rubber, carbon, glass, and paper.” Claim 34 depends on claim 20 and further requires the following: “wherein the vibration member comprises one or more materials of metal, plastic, fiber, leather, wood, cloth, rubber, carbon, glass, and paper.” Claims 15 and 34 are treated as a group. Kim’s display panel 101 includes combinations of materials, including metal, glass and plastic. Kim at ¶¶ 81, 105, 132, FIG.19. For the foregoing reasons, the Kim reference anticipates all limitations of the claim. Claim 16 depends on claim 1 and further requires the following: “wherein the enclosure is provided at the rear surface of the supporting member to cover the at least one first hole.” Lower set cover 102 similarly covers first hole H and lower chassis 180. Kim at ¶ 78, FIG.1. For the foregoing reasons, the Kim reference anticipates all limitations of the claim. Claim 18 depends on claim 1 and further requires the following: “wherein the first space and the second space are configured with a vacuum or a gas.” Claim 32 depends on claim 20 and further requires the following: “further comprising a space disposed between the vibration member and the enclosure and configured with a vacuum or a gas.” Claims 18 and 32 are treated as a group. Kim’s first space in front of lower chassis 180 and second space to the rear of lower chassis 180 form an acoustic resonance chamber filled with a gas medium in order to conduct sound generated by sound generator 210. See Kim at ¶¶ 239–243, FIG.19. For the foregoing reasons, the Kim reference anticipates all limitations of the claim. Claim 20 is drawn to “an apparatus.” The following table illustrates the correspondence between the claimed apparatus and the Kim reference. Claim 1 The Kim Reference “20. An apparatus, comprising: The Kim reference similarly describes a display device 10 corresponding to the claimed apparatus. Kim at Abs., ¶ 75, FIG.1. “a vibration member; Display device 10 includes a display panel 110 used as a vibration member. Id. at ¶¶ 75, 98, FIGs.1, 10, 11, 19. “a supporting member disposed at a rear surface of the vibration member… Display device 10 includes a lower chassis 180 disposed at the rear of display panel 110 with a first space between. Id. at ¶¶ 239–243, FIG.19. Lower chassis 180 corresponds to the claimed supporting member. “an enclosure provided disposed at a rear surface of the supporting member to cover the at least one first hole; and There is a second space located to the rear of lower chassis 180 and sound generator 210. See id. at FIG.19. Kim also describes a lower set cover 102 that corresponds to the claimed enclosure since it encloses the second space to the rear of lower chassis 180. Id. at ¶ 78, FIG.1. “a vibration apparatus provided between the rear surface of the vibration member and the enclosure to vibrate the vibration member.” A sound generator 210 between panel 110 and lower chassis 180 and fixed to the rear display panel 110 vibrates display panel. Id. at ¶¶ 75, 98, FIGs.1, 10, 11, 19. “…the supporting member including at least one first hole…wherein the at least one first hole of the supporting member overlaps with a rear surface of the vibration apparatus, and Lower chassis 180 includes an opening H that accommodates sound generator 210 and overlaps the rear of sound generator 210 when viewed along a Z-axis. See id. at ¶ 100, FIGs.1, 2, 19. “wherein a rear surface of the vibration apparatus is spaced apart from the supporting member and the enclosure.” The rear of sound generator 210 is spaced apart from lower chassis 180. Id. at FIG.19. Further, the rear of sound generator 210 is spaced apart from lower set cover 102 since lower set cover 102 includes sidewalls that offset the bottom plate of lower set cover 102 from the rear of lower chassis 180. See id. at ¶ 78, FIG.1 (describing and depicting lower set cover 102 with sidewalls projecting away from the rear of lower chassis 180 to accommodate structures located to the rear of lower chassis 180). Table 2 For the foregoing reasons, the Kim 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 4–8 and 21–24 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Kim and US Patent Application Publication 2016/0192065 (published 30 June 2016) (“Oosato”). Claims 11–13 and 27–29 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Kim and US Patent Application Publication 2021/0366456 (published 25 November 2021) (“Jeong”). Claims 17 and 31 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Kim and US Patent 6,324,052 (patented 27 November 2001) (“Azima”). Claims 19 and 33 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Kim and US Patent Application Publication 2007/0127760 (published 07 June 2007) (“Saiki”). Claim 4 depends on claim 1 and further requires the following: “wherein the vibration apparatus comprises at least one second hole accommodated into the at least one first hole of the supporting member to connect with the second space.” Claim 21 depends on claim 20 and further requires the following: “wherein the vibration apparatus comprises at least one second hole accommodated into the at least one first hole of the supporting member and connected with the enclosure.” Claims 4 and 21 are treated as a group. Kim describes including a plurality of through holes TH1, TH2 to control the frequency response of the device. Kim at ¶¶ 239–245, FIG.19. Kim’s through holes TH1, TH2 are located outside first hole H. Id. at FIG.19. The Oosato reference teaches and suggests making a transducer with a set of through holes in a frame and magnetic structure. Oosato at ¶¶ 10, 33–40, FIG.1. For example, Oosato describes ventilation holes 116a and 116c in a frame portion and a ventilation hole 116b in a magnetic portion. Read in light of Kim, Oosato would have reasonably suggested modifying Kim’s sound generator 210 to include similar ventilation holes in magnet 211 and plate 215 of sound generator 210. Compare Kim at FIG.19 with Oosato at FIG.1. For the foregoing reasons, the combination of the Kim and the Oosato references makes obvious all limitations of the claims. Claim 5 depends on claim 4 and further requires the following: “wherein the at least one second hole is disposed between the first space and the second space.” The Kim reference teaches and suggests locating through holes TH1, TH2 between a first space in front of lower chassis 180 and a second space to the rear of lower chassis 180. Kim at FIG.19. For the foregoing reasons, the combination of the Kim and the Oosato references makes obvious all limitations of the claim. Claim 6 depends on claim 4 and further requires the following: “wherein the at least one second hole overlaps with the at least one first hole.” Claim 22 depends on claim 21 and further requires the following: “wherein the at least one second hole overlaps with the at least one first hole.” Claims 6 and 22 are treated as a group. The rejection of claim 4, incorporated herein, shows the obviousness of positioning Kim’s through holes TH1 and TH2 in Kim’s plate 215 and magnet 211 so that they would overlap with first hole H. See Kim at FIG.19 (depicting a sound generator 210 with a plate 215 and a magnet 211 overlapping with a hole H); Oosato at FIG.1 (depicting ventilation holes in a support plate and a magnet). For the foregoing reasons, the combination of the Kim and the Oosato references makes obvious all limitations of the claims. Claim 7 depends on claim 4 and further requires the following: “wherein the vibration apparatus comprises: a frame including the at least one second hole and being connected with the supporting member; a magnet disposed on the frame; a bobbin disposed around the magnet; and a coil disposed around the bobbin.” Claim 23 depends on claim 21 and further requires the following: “wherein the vibration apparatus comprises: a frame including the at least one second hole, the frame being connected with the supporting member; a magnet disposed on the frame; a bobbin disposed around the magnet; and a coil disposed around the bobbin.” Claims 7 and 23 are treated as a group. Kim’s sound generator 210 similarly includes a plate, or frame, 215 connected to lower chassis 180, a magnet 211, a bobbin 212 and a voice coil 213 disposed as claimed. Kim at ¶¶ 111–114, FIG.19. Further, the rejection of claim 4, incorporated herein, shows the obvious ness of adding through holes to plate 215. For the foregoing reasons, the combination of the Kim and the Oosato references makes obvious all limitations of the claims. Claim 8 depends on claim 7 and further requires the following: “wherein the at least one second hole overlaps with the bobbin and the coil.” Claim 24 depends on claim 23 and further requires the following: “wherein the at least one second hole overlap with the bobbin and the coil.” Claims 8 and 24 are treated as a group. The Oosato reference describes locating ventilation, or through, holes in a transducer’s support plate and magnet. One of ordinary skill would have immediately recognized that through holes may be located in any convenient location based on a design choice. For example, through holes may be located to overlap with a bobbin and coil, such as seen in Oosato at FIG.1 along the X-axis. For the foregoing reasons, the combination of the Kim and the Oosato references makes obvious all limitations of the claims. Claim 11 depends on claim 9 and further requires the following: “wherein the vibration apparatus comprises: a vibration layer; a first electrode layer disposed at a first surface of the vibration layer; and a second electrode layer disposed at a second surface different from the first surface of the vibration layer.” Claim 12 depends on claim 11 and further requires the following: “wherein the vibration layer comprises: a plurality of inorganic material portions having a piezoelectric characteristic; and an organic material portion disposed between the plurality of inorganic material portions.” Claim 13 depends on claim 11 and further requires the following: “wherein the vibration layer comprises a piezoelectric material.” Claim 27 depends on claim 25 and further requires the following: “wherein the vibration apparatus comprises: a vibration layer; a first electrode layer disposed at a first surface of the vibration layer; and a second electrode layer disposed at a second surface different from the first surface of the vibration layer.” Claim 28 depends on claim 27 and further requires the following: “wherein the vibration layer comprises: a plurality of inorganic material portions having a piezoelectric characteristic; and an organic material portion disposed between the plurality of inorganic material portions.” Claim 29 depends on claim 27 and further requires the following: “wherein the vibration layer comprises a piezoelectric material.” Claims 11–13 and 27–29 are treated as a group because they recite closely related limitations concerning piezoelectric sound generators. Kim describes a sound generator 210 formed as an electrodynamic transducer, not a piezoelectric transducer as claimed. Kim at FIGs.10, 11. Kim also describes embodying some sound generators as piezoelectric transducers, but not sound generator 210. Id. at ¶ 214, FIG.12. The Jeong reference teaches and suggests driving a display panel with a piezoelectric transducer as claimed, including first and second electrodes covering a vibration layer of piezoelectric material having alternating inorganic and organic material portions. Jeong at Abs., ¶¶ 6, 67, 91–114, FIGs.2, 3. One of ordinary skill would have reasonably recognized from the common description of a vibrating display in the Kim and Jeong references that Jeong’s piezoelectric transducer would be a suitable alternative to Kim’s electromagnetic transducer and would offer a reduced thickness. This would have suggested replacing Kim’s sound generator 210 with a piezoelectric transducer as claimed. For the foregoing reasons, the combination of the Kim and the Jeong references makes obvious all limitations of the claims. Claim 17 depends on claim 1 and further requires the following: “wherein the enclosure comprises at least one of a first port and a second port.” Claim 31 depends on claim 20 and further requires the following: “wherein the enclosure comprises at least one of a first port and a second port.” Claims 17 and 31 are treated as a group. Kim does not describe lower set cover 102 as including a first port and a second port. See Kim at FIG.1. The Azima reference teaches and suggests forming a lid corresponding to Kim’s lower set cover 130 with a pair of slots to improve speaker efficiency by radiating rear chamber energy. Azima at col. 2 l. 62 to col. 3 l. 17, col. 3 l. 66 to col. 4 l. 22, FIGs.5, 5a. This would have reasonably suggested modifying Kim’s lower set cover 102 to include similar slots in order to efficiently radiate rear chamber energy produced by sound generator 210. For the foregoing reasons, the combination of the Kim and the Azima references makes obvious all limitations of the claim. Claim 19 depends on claim 18 and further requires the following: “wherein the enclosure is expanded by the gas.” Claim 33 depends on claim 32 and further requires the following: “wherein the enclosure is expanded by the gas.” Claims 19 and 33 are treated as a group. The Saiki reference teaches and suggests improving speaker bass response by configuring the speaker cabinet with a rear diaphragm 171 that will expand outward as gas is compressed in the cabinet by the rearward movement of the speaker transducer 17. Saiki at Abs., ¶¶ 1, 2, 5, 26, 56–76, FIG.1. This would have reasonably suggested modifying Kim’s display apparatus so lower set cover 102 includes a rear diaphragm like Saiki’s rear diaphragm 171. Lower set cover 102, which corresponds to the claimed enclosure, will then expand by the action of gas contained in the enclosure. One of ordinary skill would have reasonably expected that the gas-mediated expansion of lower set cover 102 would reduce stiffness in the cabinet and improve bass response. See id. For the foregoing reasons, the combination of the Kim and the Saiki references makes obvious all limitations of the claims. Summary Claims 1 and 3–34 are rejected under at least one of 35 U.S.C. §§ 102 and 103 for 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. Response to Applicant’s Arguments Applicant’s Reply (15 September 2025) has substantively amended all the claims. This Office action has been updated accordingly. Applicant’s Reply at 7–9 includes comments pertaining to the rejections presented in the previous Non-Final Office action (16 June 2025). Those comments have been considered, but are moot in light of the new grounds of rejection presented in this 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 C.F.R. § 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 C.F.R. § 1.17(a)) pursuant to 37 C.F.R. § 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 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 11/14/2025
Read full office action

Prosecution Timeline

Aug 25, 2023
Application Filed
Jun 12, 2025
Non-Final Rejection — §102, §103
Sep 15, 2025
Response Filed
Nov 14, 2025
Final Rejection — §102, §103
Feb 18, 2026
Response after Non-Final Action
Mar 21, 2026
Request for Continued Examination
Mar 21, 2026
Response after Non-Final Action
Apr 29, 2026
Non-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 (~3m remaining)
Median Time to Grant
High
PTA Risk
Based on 541 resolved cases by this examiner. Grant probability derived from career allowance rate.

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