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 .
DETAILED ACTION
Status of Claims
Applicant's amendment of claims 1 and 10 in “Claims - 04/10/2026” with “Amendment/Req. Reconsideration-After Non-Final Reject - 04/10/2026”, have been acknowledged by Examiner.
This office action considers claims 1-20 pending for prosecution.
Response to Arguments
1. Applicant's arguments filed in the “Applicant Arguments/Remarks Made in an Amendment” on 03/13/2020 have been fully considered, but they are not persuasive, because of the following: the Applicant's amendment of claims 1 and 10 necessitated the shift in new grounds of rejection detailed in sections below. The shift in grounds of rejection renders the Applicant's arguments moot.
Furthermore, figure 2B of prior art of US 20210127517 A1 (Kim et al.) clearly teaches an entirety of the first base line having a curved shape without having a line shape; and an entirety of the second base line having a curved shape without having a line shape (see below).
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Thus, prior art of US 20210127517 A1 (Kim et al.) teaches 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 (CS4; Figs. 1A, 1B, 2A; [0053]) and the corner curved surface (DCS4; 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 CS4 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 (DCS4; 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).
Please see the analysis of rejection for claims below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
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. 102(a)(1) as being anticipated by Kim et al. (US 20210127517 A1; hereinafter Kim).
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 (CS4; 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 (DCS4; Figs. 1A, 1B, 2A; [0058]) disposed between the first side surface (CS4; 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 (CS4; Figs. 1A, 1B, 2A; [0053]) and the corner curved surface (DCS4; 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 CS4 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 (DCS4; 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).
Regarding claim 4, Kim teaches all of 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 CS4 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, Kim teaches all of 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 CS4 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, Kim teaches all of 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 CS4 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, Kim teaches all of 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 CS4has 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, Kim teaches all of 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, Kim teaches all of 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 (CS4; 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 (DCS4; Figs. 1A, 1B, 2A; [0058]) disposed between the first side surface (CS4; 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 (CS4; Figs. 1A, 1B, 2A; [0053]) and the corner curved surface (DCS4; 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 CS4 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 (DCS4; 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).
Regarding claim 13, Kim teaches all of 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 CS4 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, Kim teaches all of 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 CS4 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, Kim teaches all of 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 CS4 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, Kim teaches all of 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 CS4 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, Kim teaches all of 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, Kim teaches all of 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, Kim teaches all of 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 (CS4; 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 all of 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 (DCS4; Figs. 1A, 1B, 2A; [0058]) in the plan view, and including a curved surface (see Fig. 1B).
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.
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 the following statement.
Regarding claim 2, Kim teaches all of 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, Kim teaches all of 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, Kim teaches all of 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, Kim teaches all of 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.
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 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Omar Mojaddedi whose telephone number is 313-446-6582. The examiner can normally be reached on Monday – Friday, 8:00 a.m. to 4:00 p.m..
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/OMAR F MOJADDEDI/Examiner, Art Unit 2898
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