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 .
Introduction
This is a response to the applicant’s filing filed on 11/15/2023. In virtue of this filing, claims 1-20 are currently presented in the instant application. Claims 21-31 are canceled.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/27/2023 and 09/23/2024 has been considered by Examiner and made of record in the application file.
Drawings
The drawing submitted on 11/15/2023 has been considered by Examiner and made of record in the application file.
Specification
The specification submitted on 11/15/2023 has been considered by Examiner and made of record in the application file.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 15-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (US Patent No.: 12,066,872, hereinafter, “Kim”).
Regarding claim 1, Kim teaches a damping mechanism (see figures 3, 4A-4G, 4I, 4M, hinge assembly 400), comprising:
an elastic member, wherein the elastic member comprises a first pin and a second pin (see figures 4A-4E, elastic member 450a and 450b, col.19, ln.5-9, ln. 28-45, it is clearly seen that the spring has two end pins. One end pin is connecting to hinge structure 420a and the other end pin is connecting to hinge bracket 410 at 1131a);
a first fixing member (hinge bracket 410), wherein the first fixing member is rotatably connected to the second pin in a first direction (see figure 4D, elastic member 450a and 450b, col.19, ln.5-9, ln. 28-45, it is clearly seen that the spring has two end pins. One end pin is connecting to hinge structure 420a and the other end pin is connecting to hinge bracket 410 at 1131a);
a first swinging member (hinge structure 420a), wherein the first swinging member comprises a first fixing portion (second body 422 with rails structure 423) and a first moving portion (first body 421), and the first fixing portion (second body 422 with rails structure 423) is rotatably connected to the first fixing member (hinge bracket 410) in the first direction (open or closed); the first moving portion (first body 421 is connected to the spring 450a via second body 422) is rotatably connected to the first pin in the first direction (see figures 4A-4E,4I, 4F, elastic member 450a and 450b, col.19, ln.5-9, ln. 28-45, it is clearly seen that the spring has two end pins. One end pin is connecting to hinge structure 420a and the other end pin is connecting to hinge bracket 410 at 1131a, claim fails to claimed the first moving portion (first body 421) is directly connected to the first pin in the first direction); and
when rotation is performed between the first fixing member and the first swinging member, an elastic force generated by the elastic member acts on a center of rotation in which the first moving portion is rotatably connected to the first pin, forming an unfolding force or a closing force (see figure 4B-4C, 4L, center hinge 430, elastic member 450a provide elastic force Fs for closing or opening the mobile phone with center rotation at center hinge 430, extension 432a is extending up or down for rotating intermediate member 430 around center hinge 430, col.23, ln.44-62, col.24, ln.58-67).
Regarding claim 15, Kim further teaches the elastic member further comprises a torsion spring or a spring (see figures 4A-4E, elastic member 450a and 450b, col.19, ln.5-9).
Regarding claim 16, Kim teaches a terminal, comprising a damping mechanism (see figures 3, 4A-4G, 4I, 4M, hinge assembly 400) comprising:
an elastic member, wherein the elastic member comprises a first pin and a second pin (see figures 4A-4E, elastic member 450a and 450b, col.19, ln.5-9, ln. 28-45, it is clearly seen that the spring has two end pins. One end pin is connecting to hinge structure 420a and the other end pin is connecting to hinge bracket 410 at 1131a);
a base (hinge bracket 410), wherein the base is rotatably connected to the second pin in a first direction (see figure 4D, elastic member 450a and 450b, col.19, ln.5-9, ln. 28-45, it is clearly seen that the spring has two end pins. One end pin is connecting to hinge structure 420a and the other end pin is connecting to hinge bracket 410 at 1131a);
a first swinging arm (hinge structure 420a), wherein the first swinging arm comprises a first fixing portion (second body 422 with rails structure 423) and a first moving portion (first body 421), and the first fixing portion (second body 422 with rails structure 423) is rotatably connected to the base (hinge bracket 410) in the first direction (open or closed); and the first moving portion (first body 421 is connected to the spring 450a via second body 422) is rotatably connected to the first pin in the first direction (see figures 4A-4E,4I, 4F, elastic member 450a and 450b, col.19, ln.5-9, ln. 28-45, it is clearly seen that the spring has two end pins. One end pin is connecting to hinge structure 420a and the other end pin is connecting to hinge bracket 410 at 1131a, claim fails to claimed the first moving portion (first body 421) is directly connected to the first pin in the first direction); and
wherein the damping mechanism is configured in a manner that, when rotation is performed between the base and the first swinging arm, an elastic force generated by the elastic member acts on a center of rotation in which the first moving portion is rotatably connected to the first pin, forming an unfolding force or a closing force (see figure 4B-4C, 4L, center hinge 430, elastic member 450a provide elastic force Fs for closing or opening the mobile phone with center rotation at center hinge 430, extension 432a is extending up or down for rotating intermediate member 430 around center hinge 430, col.23, ln.44-62, col.24, ln.58-67).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US Patent No.: 12,066,872, hereinafter, “Kim”) in view of Ye et al. (US Pub. No.: 2021/0223826, hereinafter, “Ye”).
Regarding claim 17, Kim disclosed invention, but fails to teach a first housing, a second housing, and a rotating shaft assembly located between the first housing and the second housing, wherein the damping mechanism is located on an outer side of the rotating shaft assembly, wherein the first swing arm is connected to the first housing, or the first swing arm is connected to the second housing; and wherein the base is located between the first housing and the second housing; or the first fixing member base is integrated with the first housing; or the base is integrated with the second housing. However. Ye teaches a first housing, a second housing, and a rotating shaft assembly located between the first housing and the second housing, wherein the damping mechanism is located on an outer side of the rotating shaft assembly, wherein the first swing arm is connected to the first housing, or the first swing arm is connected to the second housing; and wherein the base is located between the first housing and the second housing; or the first fixing member base is integrated with the first housing; or the base is integrated with the second housing (see figures 1-2, 4, 7, two case 200, shaft 413, [0051]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Ye into view of Kim in order to control the folding or unfolding of the housing.
Allowable Subject Matter
Claims 18-20 are allowed.
Claims 2-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 2, the prior art made of record fails to clearly teach or fairly suggest the feature of a center of rotation in which the first fixing member is rotatably connected to the first fixing portion is a first center of rotation, and a center of rotation in which the second pin is rotatably connected to the first fixing member is a second center of rotation; a projection of the first center of rotation on a reference plane does not overlap a projection of the second center of rotation on the reference plane; and the reference plane is a plane perpendicular to the first direction.
Regarding claim 4, the prior art made of record fails to clearly teach or fairly suggest the feature of the damping mechanism further comprises a limiting slider assembly, and an accommodating groove used to accommodate the limiting slider assembly extends in a side surface of the first swinging member in a second direction; the first pin is rotatably connected to the limiting slider assembly in the first direction; the limiting slider assembly is slidably connected to the accommodating groove in the second direction, to drive the first pin to move in the second direction; and the second direction is perpendicular to the first direction.
Regarding claim 9, the prior art made of record fails to clearly teach or fairly suggest the feature of the first fixing portion comprises a protruding sliding rail sub-portion that protrudes downward in a third direction, and a sliding groove portion adapted to the protruding sliding rail sub-portion is extends in the first fixing member; and the sliding groove portion is located below the protruding sliding rail sub-portion, is fixedly disposed relative to the protruding sliding rail sub-portion in a second direction and the third direction, and is rotatably connected to the protruding sliding rail sub-portion in the first direction.
Regarding claim 10, the prior art made of record fails to clearly teach or fairly suggest the feature of the first fixing portion comprises a protruding sliding rail sub-portion that protrudes downward in a third direction, and a sliding groove portion adapted to the protruding sliding rail sub-portion is extends in the first fixing member; and the sliding groove portion is located above the protruding sliding rail sub-portion, is fixedly disposed relative to the protruding sliding rail sub-portion in a second direction and the third direction, and is rotatably connected to the protruding sliding rail sub-portion in the first direction.
Regarding claim 11, the prior art made of record fails to clearly teach or fairly suggest the feature of the first fixing portion comprises a protruding sliding rail sub-portion that protrudes upward in a third direction, and a sliding groove portion adapted to the protruding sliding rail sub-portion is extends in the first fixing member; and the sliding groove portion is located above the protruding sliding rail sub-portion, is fixedly disposed relative to the protruding sliding rail sub-portion in a second direction and the third direction, and is rotatably connected to the protruding sliding rail sub-portion in the first direction.
Regarding claim 12, the prior art made of record fails to clearly teach or fairly suggest the feature of the first fixing portion comprises a protruding sliding rail sub-portion that protrudes upward in a third direction, and a sliding groove portion adapted to the protruding sliding rail sub-portion is extends in the first fixing member; and the sliding groove portion is located below the protruding sliding rail sub-portion, is fixedly disposed relative to the protruding sliding rail sub-portion in a second direction and the third direction, and is rotatably connected to the protruding sliding rail sub-portion in the first direction.
Regarding claim 18, the prior art made of record fails to clearly teach or fairly suggest the feature of a center of rotation in which the first fixing member is rotatably connected to the first fixing portion is a first center of rotation, and a center of rotation in which the second pin is rotatably connected to the first fixing member is a second center of rotation; a projection of the first center of rotation on a reference plane does not overlap a projection of the second center of rotation on the reference plane; and the reference plane is a plane perpendicular to the first direction, as specified in the claim 18, and further limitations of their respective dependent claims 19-20.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan A. Pham whose telephone number is (571) 272-8097, the fax number is (571) 273-8097 and the email is tuan.pham01@uspto.gov. The examiner can normally be reached on Monday through Friday, 8:30 AM-5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Yuwen (Kevin) Pan can be reached on (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUAN PHAM/ Primary Examiner, Art Unit 2649