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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination, in the “Request for Continued Examination (RCE)” filed on 07/21/2026, under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/21/2026 has been entered.
Status of Claims
Applicant's amendment of claims 1 and 10 in “Claims” filed on 06/22/2026 with the “Request for Continued Examination (RCE)” filed on 07/21/2026, have been acknowledged and entered by Examiner.
This office action considers claims 1-20 pending for prosecution.
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 of this title, 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.
Notes: when present, semicolon separated fields within the parenthesis (; ;) represent, for example, as (100; Fig 3A; [0063]) = (element 100; Figure No. 3A; Paragraph No. [0063]). For brevity, the texts “Element”, “Figure No.” and “Paragraph No.” shall be excluded, though; additional clarification notes may be added within each field. The number of fields may be fewer or more than three indicated above. These conventions are used throughout this document.
2. Claims 1, 4-9, 10, and 13-20 are rejected under 35 U.S.C.103 as being unpatentable over Kim et al. (US 20210127517 A1; hereinafter Kim), in view of Zhou et al. (US 20240231435 A1; hereinafter Zhou).
Regarding claim 1, Kim teaches a cover window (see the entire document, specifically Fig. 1A+; [0026+], and as cited below), comprising:
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a flat surface (FS; Figs. 1A, 1B, 2A; [0053]) including:
a first side (Figs. 1A, 1B, 2A; [0053]; see Annotated Fig. 2A; labeled as First Side) extending in a first direction; and
a second side (Figs. 1A, 1B, 2A; [0053]; see Annotated Fig. 2A; labeled as Second Side) contacting the first side (First Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A) and extending in a second direction different from the first direction;
a first side surface (CS3; Figs. 1A, 1B, 2A; [0053, 0056]) contacting the first side (First Side; see Annotated Fig. 2A; [0053]) and bent (see [0056]) from the first side (First Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A);
a second side surface (CS2; Figs. 1A, 1B, 2A; [0053, 0056]) contacting the second side (Second Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A) and bent (see [0056]) from the second side (Second Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A);
a corner curved surface (DCS2; Figs. 1A, 1B, 2A; [0058]) disposed between the first side surface (CS3; Figs. 1A, 1B, 2A; [0053]) and the second side surface (CS2; Figs. 1A, 1B, 2A; [0053]);
a first base line (Figs. 1A, 1B, 2A; see Annotated Fig. 2A; labeled as First Base Line) defining a boundary where the first side surface (CS3; Figs. 1A, 1B, 2A; [0053]) and the corner curved surface (DCS2; Figs. 1A, 1B, 2A; [0058]) contact each other, an entirety of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface) having a curved shape without having a line shape (see Annotated Fig. 2B; above); and
a second base line (Figs. 1A, 1B, 2A; see Annotated Fig. 2A; labeled as Second Base Line) defining a boundary where the second side surface (CS2; Figs. 1A, 1B, 2A; [0053]) and the corner curved surface (DCS2; Figs. 1A, 1B, 2A; [0058]) contact each other, an entirety of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface) having a curved shape without having a line shape (see Annotated Fig. 2B; above),
wherein the curved shape (see Annotated Fig. 2B; above) of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface) is (see below for “different from”) the curved shape (see Annotated Fig. 2B; above) of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface).
As noted above, Kim does not expressly disclose “wherein the curved shape of the first base line is different from the curved shape of the second base line”.
However, in the analogous art, Zhou teaches the field of display technologies, and in particular, to a flexible display panel, a display, and an electronic device ([0003]), wherein (Fig. 1+; [0002+]) intersection (A1; Fig. 21; [0107]) and intersection (A2; Fig. 21; [0107]) are curved surfaces that are different from one another.
It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the curved structure of Kim in view of the curved structure in Zhou, and thereby, modified Kim’s (by Zhou) device will have wherein the curved shape (Kim see Annotated Fig. 2B; above in view of Zhou A1; Fig. 21; [0107]) of the first base line (Kim First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface in view of Zhou A1; Fig. 21; [0107]) is different from the curved shape (Kim see Annotated Fig. 2B; above in view of Zhou A2; Fig. 21; [0107]) of the second base line (Kim Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface in view of Zhou A2; Fig. 21; [0107]).
The ordinary artisan would have been motivated to modify Kim in the manner set forth above, at least, because this inclusion provides a first intersection and a second intersection that are curved surfaces and are different from one another which allows for ensuring the portions fit together (Zhou [0107-0108]).
Regarding claim 4, modified Kim (by Zhou) teaches the features of claim 1.
Kim further teaches wherein each of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface) and the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface) has a shape of a part of a different quadratic curve (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B).
Regarding claim 5, modified Kim (by Zhou) teaches the features of claim 4.
Kim further teaches wherein the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface) has a shape of a part of one curve including at least one of an ellipse, a parabola, and a hyperbola (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B) and the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface) has a shape of a part of one curve including at least one of an ellipse, a parabola, and a hyperbola (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B).
Regarding claim 6, modified Kim (by Zhou) teaches the features of claim 4.
Kim further teaches wherein a length of the first side (First Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A) is less than a length of the second side (Second Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A), the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface) has a shape of a part of a circular curve (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B), and the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface) has a shape of a part of one curve including at least one of an ellipse, a parabola, and a hyperbola (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B).
Regarding claim 7, modified Kim (by Zhou) teaches the features of claim 4.
Kim further teaches wherein a length of the first side (First Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A) is less than a length of the second side (Second Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A), the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface) has a shape of a part of one curve including at least one of an ellipse, a parabola, and a hyperbola (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B), and the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface) has a shape of a part of a circular curve (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B).
Regarding claim 8, modified Kim (by Zhou) teaches the features of claim 4.
Kim further teaches wherein an angle between a tangent line of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) passing through a point where the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) and the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) meet and the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) is about 170 degrees to about 180 degrees (see Figs. 1A, 1B, 2A, 2B), and an angle between a tangent line of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) passing through a point where the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) and the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) meet and the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) is about 170 degrees to about 180 degrees (see Figs. 1A, 1B, 2A, 2B).
Regarding claim 9, modified Kim (by Zhou) teaches the features of claim 4.
Kim further teaches wherein an angle between an extension line of the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) and a tangent line of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) at an end of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) spaced apart from the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) is about 30 degrees to about 105 degrees (see Figs. 1A, 1B, 2A, 2B), and an angle between an extension line of the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) and a tangent line of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) at an end of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) spaced apart from the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) is about 30 degrees to about 105 degrees (see Figs. 1A, 1B, 2A, 2B).
Regarding claim 10, Kim teaches a display device (see the entire document, specifically Fig. 1A+; [0026+], and as cited below), comprising:
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a display panel (DP; Figs. 1B; [0052]) including a display area (display portion; Fig. 1B; see [0061-0068]) on which a plurality of pixels is disposed (see [0065]); and
a cover window (WM; Figs. 1A, 1B, 2A; [0052-0053]) disposed on the display panel (DP; Figs. 1V; [0052]),
the cover window (WM; Figs. 1A, 1B, 2A; [0052-0053]) comprising:
a flat surface (FS; Figs. 1A, 1B, 2A; [0053]) including a first side (Figs. 1A, 1B, 2A; [0053]; see Annotated Fig. 2A; labeled as First Side) extending in a first direction and a second side (Figs. 1A, 1B, 2A; [0053]; see Annotated Fig. 2A; labeled as Second Side) contacting the first side (First Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A) and extending in a second direction different from the first direction;
a first side surface (CS3; Figs. 1A, 1B, 2A; [0053, 0056]) contacting the first side (First Side; see Annotated Fig. 2A; [0053]) and bent (see [0056]) from the first side (First Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A);
a second side surface (CS2; Figs. 1A, 1B, 2A; [0053, 0056]) contacting the second side (Second Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A) and bent (see [0056]) from the second side (Second Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A);
a corner curved surface (DCS2; Figs. 1A, 1B, 2A; [0058]) disposed between the first side surface (CS3; Figs. 1A, 1B, 2A; [0053]) and the second side surface (CS2; Figs. 1A, 1B, 2A; [0053]);
a first base line (Figs. 1A, 1B, 2A; see Annotated Fig. 2A; labeled as First Base Line) defining a boundary where the first side surface (CS3; Figs. 1A, 1B, 2A; [0053]) and the corner curved surface (DCS2; Figs. 1A, 1B, 2A; [0058]) contact each other, an entirety of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface) having a curved shape without having a line shape (see Annotated Fig. 2B; above); and
a second base line (Figs. 1A, 1B, 2A; see Annotated Fig. 2A; labeled as Second Base Line) defining a boundary where the second side surface (CS2; Figs. 1A, 1B, 2A; [0053]) and the corner curved surface (DCS2; Figs. 1A, 1B, 2A; [0058]) contact each other, an entirety of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface) having a curved shape without having a line shape (see Annotated Fig. 2B; above),
wherein the curved shape (see Annotated Fig. 2B; above) of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface) is (see below for “different from”) the curved shape (see Annotated Fig. 2B; above) of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface).
As noted above, Kim does not expressly disclose “wherein the curved shape of the first base line is different from the curved shape of the second base line”.
However, in the analogous art, Zhou teaches the field of display technologies, and in particular, to a flexible display panel, a display, and an electronic device ([0003]), wherein (Fig. 1+; [0002+]) intersection (A1; Fig. 21; [0107]) and intersection (A2; Fig. 21; [0107]) are curved surfaces that are different from one another.
It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the curved structure of Kim in view of the curved structure in Zhou, and thereby, modified Kim’s (by Zhou) device will have wherein the curved shape (Kim see Annotated Fig. 2B; above in view of Zhou A1; Fig. 21; [0107]) of the first base line (Kim First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface in view of Zhou A1; Fig. 21; [0107]) is different from the curved shape (Kim see Annotated Fig. 2B; above in view of Zhou A2; Fig. 21; [0107]) of the second base line (Kim Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface in view of Zhou A2; Fig. 21; [0107]).
The ordinary artisan would have been motivated to modify Kim in the manner set forth above, at least, because this inclusion provides a first intersection and a second intersection that are curved surfaces and are different from one another which allows for ensuring the portions fit together (Zhou [0107-0108]).
Regarding claim 13, modified Kim (by Zhou) teaches the features of claim 10.
Kim further teaches wherein each of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface) and the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface) has a shape of a part of a different quadratic curve (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B).
Regarding claim 14, modified Kim (by Zhou) teaches the features of claim 13.
Kim further teaches wherein the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface) has a shape of a part of one curve including at least one of an ellipse, a parabola, and a hyperbola (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B) and the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface) has a shape of a part of one curve including at least one of an ellipse, a parabola, and a hyperbola (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B).
Regarding claim 15, modified Kim (by Zhou) teaches the features of claim 13.
Kim further teaches wherein a length of the first side (First Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A) is less than a length of the second side (Second Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A), the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface) has a shape of a part of a circular curve (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B), and the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface) has a shape of a part of one curve including at least one of an ellipse, a parabola, and a hyperbola (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B).
Regarding claim 16, modified Kim (by Zhou) teaches the features of claim 13.
Kim further teaches wherein a length of the first side (First Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A) is less than a length of the second side (Second Side; see Annotated Fig. 2A; [0053]; see Figs. 1A, 1B, 2A), the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056], where CS3 has a curved surface, and the first base line has a curved surface) has a shape of a part of one curve including at least one of an ellipse, a parabola, and a hyperbola (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B), and the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A; where CS2 has a curved surface, and the second base line has a curved surface) has a shape of a part of a circular curve (see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B).
Regarding claim 17, modified Kim (by Zhou) teaches the features of claim 13.
Kim further teaches wherein an angle between a tangent line of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) passing through a point where the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) and the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) meet and the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) is about 170 degrees to about 180 degrees (see Figs. 1A, 1B, 2A, 2B), and an angle between a tangent line of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) passing through a point where the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) and the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) meet and the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) is about 170 degrees to about 180 degrees (see Figs. 1A, 1B, 2A, 2B).
Regarding claim 18, modified Kim (by Zhou) teaches the features of claim 13.
Kim further teaches wherein an angle between an extension line of the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) and a tangent line of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) at an end of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) spaced apart from the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) is about 30 degrees to about 105 degrees (see Figs. 1A, 1B, 2A, 2B), and an angle between an extension line of the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) and a tangent line of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) at an end of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A, 2B; see [0056]) spaced apart from the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) is about 30 degrees to about 105 degrees (see Figs. 1A, 1B, 2A, 2B).
Regarding claim 19, modified Kim (by Zhou) teaches the features of claim 10.
Kim further teaches wherein the display area (display portion; Fig. 1B; see [0061-0068]) includes:
a front display area (MDA; Fig. 1B; see [0061-0068]) overlapping the flat surface (FS; Figs. 1A, 1B, 2A; [0053]) in a plan view and including a surface which is flat;
an upper display area (SDA3; Figs. 1A, 1B, 2A; [0065-0067]) overlapping the first side surface (CS3; Figs. 1A, 1B, 2A; [0053, 0056]) in the plan view and including a curved surface ([0068]); and
a right display area (SDA2; Figs. 1A, 1B, 2A; [0065-0067]) overlapping the second side surface (CS2; Figs. 1A, 1B, 2A; [0053, 0056]) in the plan view and including a curved surface ([0068]).
Regarding claim 20, Kim teaches the features of claim 19.
Kim further teaches wherein the display area (display portion; Fig. 1B; see [0061-0068]) further includes a corner display area (CA2; Figs. 1A, 1B, 2A; [0067]) disposed between the upper display area (SDA3; Figs. 1A, 1B, 2A; [0065-0067]) and the right display area (SDA2; Figs. 1A, 1B, 2A; [0065-0067]), overlapping the corner curved surface (DCS2; Figs. 1A, 1B, 2A; [0058]) in the plan view, and including a curved surface (see Fig. 1B).
3. Claims 2-3 and 11-12 are rejected under 35 U.S.C.103 as being unpatentable over Kim et al. (US 20210127517 A1; hereinafter Kim), in view of Zhou et al. (US 20240231435 A1; hereinafter Zhou), in view of the following statement.
Regarding claim 2, modified Kim (by Zhou) teaches the features of claim 1.
Kim further teaches wherein a length of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A) and a length of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A) (see below for “are equal to each other”).
As noted above, Kim does not expressly disclose “wherein a length of the first base line and a length of the second base line are equal to each other”.
However, the Applicant has not presented persuasive evidence that the claimed “wherein a length of the first base line and a length of the second base line are equal to each other” is for a particular purpose that is critical to the overall claimed invention (i.e. the invention would not work without wherein a length of the first base line and a length of the second base line are equal to each other). Also, the Applicant has not shown that “wherein a length of the first base line and a length of the second base line are equal to each other” produces a result that was new or unexpected enough to patentably distinguish the claimed invention over the cited prior art. Instead, Claim 3 of the instant disclosure discloses other possible options such as “wherein a length of the first base line and a length of the second base line are different from each other”. Therefore, no rationale is given that the invention will not function without “wherein a length of the first base line and a length of the second base line are equal to each other”. Thus, the claimed “wherein a length of the first base line and a length of the second base line are equal to each other” is not critical to the invention.
Examiner would like to note that MPEP §2144.04.IV(B) guideline, where change of shape is a Legal Precedent as Source of Supporting Rationale. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
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In view of the above, as there is no persuasive evidence that the particular configuration of “wherein a length of the first base line and a length of the second base line are equal to each other” is significant. Thus, the claimed limitation of “wherein a length of the first base line and a length of the second base line are equal to each other” is a matter of choice which a person of ordinary skill in the art would have found obvious as per MPEP §2144.04.IV(B) guideline. Therefore, the claimed limitation of “wherein a length of the first base line and a length of the second base line are equal to each other” is not patentable over Kim.
Regarding claim 3, modified Kim (by Zhou) teaches the features of claim 1.
Kim further teaches wherein a length of the first base line (First Base Line; see Annotated Fig. 2A) and a length of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A) (see below for “are different from each other”)
As noted above, Kim does not expressly disclose “wherein a length of the first base line and a length of the second base line are different from each other”.
However, the Applicant has not presented persuasive evidence that the claimed “wherein a length of the first base line and a length of the second base line are different from each other” is for a particular purpose that is critical to the overall claimed invention (i.e. the invention would not work without wherein a length of the first base line and a length of the second base line are different from each other). Also, the Applicant has not shown that “wherein a length of the first base line and a length of the second base line are different from each other” produces a result that was new or unexpected enough to patentably distinguish the claimed invention over the cited prior art. Instead, Claim 2 of the instant disclosure discloses other possible options such as “wherein a length of the first base line and a length of the second base line are equal to each other”. Therefore, no rationale is given that the invention will not function without “wherein a length of the first base line and a length of the second base line are different from each other”. Thus, the claimed “wherein a length of the first base line and a length of the second base line are different from each other” is not critical to the invention.
Examiner would like to note that MPEP §2144.04.IV(B) guideline, where change of shape is a Legal Precedent as Source of Supporting Rationale. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
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In view of the above, as there is no persuasive evidence that the particular configuration of “wherein a length of the first base line and a length of the second base line are different from each other” is significant. Thus, the claimed limitation of “wherein a length of the first base line and a length of the second base line are different from each other” is a matter of choice which a person of ordinary skill in the art would have found obvious as per MPEP §2144.04.IV(B) guideline. Therefore, the claimed limitation of “wherein a length of the first base line and a length of the second base line are different from each other” is not patentable over Kim.
Regarding claim 11, modified Kim (by Zhou) teaches the features of claim 10.
Kim further teaches wherein a length of the first base line (First Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A) and a length of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A) (see below for “are equal to each other”).
As noted above, Kim does not expressly disclose “wherein a length of the first base line and a length of the second base line are equal to each other”.
However, the Applicant has not presented persuasive evidence that the claimed “wherein a length of the first base line and a length of the second base line are equal to each other” is for a particular purpose that is critical to the overall claimed invention (i.e. the invention would not work without wherein a length of the first base line and a length of the second base line are equal to each other). Also, the Applicant has not shown that “wherein a length of the first base line and a length of the second base line are equal to each other” produces a result that was new or unexpected enough to patentably distinguish the claimed invention over the cited prior art. Instead, Claim 12 of the instant disclosure discloses other possible options such as “wherein a length of the first base line and a length of the second base line are different from each other”. Therefore, no rationale is given that the invention will not function without “wherein a length of the first base line and a length of the second base line are equal to each other”. Thus, the claimed “wherein a length of the first base line and a length of the second base line are equal to each other” is not critical to the invention.
Examiner would like to note that MPEP §2144.04.IV(B) guideline, where change of shape is a Legal Precedent as Source of Supporting Rationale. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
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In view of the above, as there is no persuasive evidence that the particular configuration of “wherein a length of the first base line and a length of the second base line are equal to each other” is significant. Thus, the claimed limitation of “wherein a length of the first base line and a length of the second base line are equal to each other” is a matter of choice which a person of ordinary skill in the art would have found obvious as per MPEP §2144.04.IV(B) guideline. Therefore, the claimed limitation of “wherein a length of the first base line and a length of the second base line are equal to each other” is not patentable over Kim.
Regarding claim 12, modified Kim (by Zhou) teaches the features of claim 10.
Kim further teaches wherein a length of the first base line (First Base Line; see Annotated Fig. 2A) and a length of the second base line (Second Base Line; see Annotated Fig. 2A; see Figs. 1A, 1B, 2A) (see below for “are different from each other”)
As noted above, Kim does not expressly disclose “wherein a length of the first base line and a length of the second base line are different from each other”.
However, the Applicant has not presented persuasive evidence that the claimed “wherein a length of the first base line and a length of the second base line are different from each other” is for a particular purpose that is critical to the overall claimed invention (i.e. the invention would not work without wherein a length of the first base line and a length of the second base line are different from each other). Also, the Applicant has not shown that “wherein a length of the first base line and a length of the second base line are different from each other” produces a result that was new or unexpected enough to patentably distinguish the claimed invention over the cited prior art. Instead, Claim 11 of the instant disclosure discloses other possible options such as “wherein a length of the first base line and a length of the second base line are equal to each other”. Therefore, no rationale is given that the invention will not function without “wherein a length of the first base line and a length of the second base line are different from each other”. Thus, the claimed “wherein a length of the first base line and a length of the second base line are different from each other” is not critical to the invention.
Examiner would like to note that MPEP §2144.04.IV(B) guideline, where change of shape is a Legal Precedent as Source of Supporting Rationale. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
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In view of the above, as there is no persuasive evidence that the particular configuration of “wherein a length of the first base line and a length of the second base line are different from each other” is significant. Thus, the claimed limitation of “wherein a length of the first base line and a length of the second base line are different from each other” is a matter of choice which a person of ordinary skill in the art would have found obvious as per MPEP §2144.04.IV(B) guideline. Therefore, the claimed limitation of “wherein a length of the first base line and a length of the second base line are different from each other” is not patentable over Kim.
Response to Arguments
The finality of the previous Office Action has been withdrawn pursuant to 37 CFR 1.114 in respect with the request for continued examination, in the “Request for Continued Examination (RCE)” filed on 08/09/2018, under 37 CFR 1.114
Applicant's arguments filed in the “Applicant Arguments/Remarks Made in an Amendment” on 07/21/2026 have been fully considered, but they are not persuasive, because of the following: Applicant's amendments of claims 1 and 10 necessitated the shift in new grounds of rejection detailed in sections above. The shift in grounds of rejection renders the Applicant's arguments moot.
Please see the analysis of rejection for claims above.
Conclusion
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/OMAR F MOJADDEDI/Examiner, Art Unit 2898
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