Notice of Pre-AIA or AIA Status
1. 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
2. This office action is in response to communication filed on 04/17/2024. Claims 20 are pending on this application.
Double Patenting
3. A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 4 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,015,198. This is a statutory double patenting rejection.
Claim 7 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 4 of prior U.S. Patent No. 12,015,198. This is a statutory double patenting rejection.
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,015,198. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12,015,198 disclosed every limitation of applicant claimed invention.
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,015,198. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of U.S. Patent No. 12,015,198 disclosed every limitation of applicant claimed invention.
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,015,198. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 5 of U.S. Patent No. 12,015,198 disclosed every limitation of applicant claimed invention.
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,015,198. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 6 of U.S. Patent No. 12,015,198 disclosed every limitation of applicant claimed invention.
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,015,198. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 7 of U.S. Patent No. 12,015,198 disclosed every limitation of applicant claimed invention.
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,015,198. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 12 of U.S. Patent No. 12,015,198 disclosed every limitation of applicant claimed invention.
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,015,198. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 12 of U.S. Patent No. 12,015,198 disclosed every limitation of applicant claimed invention.
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 12,015,198. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 14 of U.S. Patent No. 12,015,198 disclosed every limitation of applicant claimed invention.
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 12,015,198. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 16 of U.S. Patent No. 12,015,198 disclosed every limitation of applicant claimed invention.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 1-4, 7, 11, 12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al. Pub. No. 2019/0386400.
Regarding claim 1. Figs. 4-6 and 8 of Wu discloses an antenna unit (paragraph 0013) , comprising: a radiation main body (4) , at least one feed line (7, 14), electrically connected (5,6) with the radiation main body (4) , and a plurality of grounding portions (12, 13, 14), wherein the radiation main body (4) , the at least one feed line (7, 8) , and the plurality of grounding portions (12, 13, 14) are provided in a same layer (see 20 of Fig. 8).
Regarding claim 2. The antenna unit according to claim 1, Figs. 4-6 and 8 further discloses wherein the at least one feed line (7, 8) comprises a first feed line (7) and a second feed line (8) , and the antenna unit (Fig. 5) comprises a dual-polarized antenna (paragraph 0001), the first feed line (7) is located at a first side (left side) of the radiation main body (4) and electrically connected with the radiation main body (Fig. 4), and the second feed line (8) is located at a second side (right side) of the radiation main body (4) and electrically connected (5, 6) with the radiation main body (4) , and the plurality of grounding portions (portions of grounding 11, 12, 14) comprise a first grounding portion (right O portion of 12), a second grounding portion (left O portion of 13), a third grounding portion (right O portion of 13), and a fourth grounding portion (most left O portion of 14), wherein the first grounding portion (fist O portion of 12) and the second grounding portion a second grounding portion (left O portion of 13) are respectively located at both sides of the first feed line (both sides of 7), and the third grounding portion (right O portion of 13) and the fourth grounding portion (left O portion of 14) are respectively located at both sides of the second feed line (both sides of 8).
Regarding claim 3. The antenna unit according to claim 2, Figs. 4-6 and 8 further disclose wherein the second grounding portion (left O portion of 13) and the third grounding portion (right O portion of 13) are electrically connected (directed connected of 13 grounding).
Regarding claim 4. The antenna unit according to claim 2, Figs. 4-6 and 8 further discloses wherein the first feed line (7) comprises a first section (first section of 5) and a second section (second section of 5), the first section (first section of 5) is close to the radiation main body (4), the second section (second section of 5) is electrically connected with the first section (first section of 5) , the first section (first section of 5) is electrically connected with the radiation main body (4) , and the second section (second section of 5) extends from the first section (first section of 5) between the first grounding portion (fist O portion of 12) and the second grounding portion (left O portion of 13); the second feed line (6) comprises a third section (first section of 6) and a fourth section (second section of 6), the third section (first section of 6) is close to the radiation main body (4), and the fourth section (second section of 6) is electrically connected with the third section (first section of 6) , the third section (first section of 5) is electrically connected (direct connected) with the radiation main body (4) , and the fourth section (second section of 6) extends from the third section (first section of 6) between the third grounding portion (right O portion of 13) and the fourth grounding portion (left O portion of 14), and the radiation main body (4) has a symmetrical contour (symmetrical contour of 4), the first section (first section of 5) and the third section (first section of 6) are symmetrical with respect to a symmetry axis of the radiation main body (symmetry axis of 4), and the symmetry axis of the radiation main body (symmetry axis of 4) is a diagonal line (diagonal line of 4) led out from an included angle formed by the first side and the second side of the radiation main body (angle formed by left and right sides of 4).
Regarding claim 7. The antenna unit according to claim 4, Figs. 4-6 and 8 further discloses wherein a position where the third section (potion of firs section of 6) is electrically connected with the radiation main body (4) and a position where the first section (position of the first section of 5) is electrically connected with the radiation main body (4) are symmetrical (symmetrical of 5 and 6) with respect to the symmetry axis (y axis) of the radiation main body (4).
Regarding claim 11. The antenna unit according to claim 2, , Figs. 4-6 and 8 further wherein a distance between the first feed line (7) and the first grounding portion (right O portion of 12) and a distance between the first feed line (7) and the second grounding portion (left most O portion of 13) are equal to an integral multiple of a line width (width of 7) of the first feed line (7), and a distance between the second feed line (14) and the third grounding portion ((right most O portion of 13) and a distance between the second feed line (14) and the fourth grounding portion (left O portion of 14) are equal to an integral multiple of a line width(width of 14) of the second feed line (14).
Regarding claim 12. The antenna unit according to claim 2, Figs. 4-6 and 8 further disclose wherein a distance (distance of between left most O portion of 13 and right most O portion of 13 between the second grounding portion (left most O portion of 13) and the third grounding portion (right most O portion of 13) is greater than 0.2mm (distance of between left most O portion of 13 and right most O portion of 13 greater than 0.2mm as showed on Figs. 2, 5, and 6).
Regarding claim 14. The antenna unit according to claim 1, Figs. 4-6 and 8 further discloses wherein at least part of the radiation main body (4) is electrically connected with the at least one feed line (7, 14).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. applied to claim 2 above, in further view of Jung et al. Pub. No. 2019/0058264.
Wu et al. applied to claim 2 above further disclose s wherein the radiation main body (4), the first feed line (7), the second feed line (14), and the plurality of grounding portions (12, 13, 14), but do not discloses formed of metal grids.
Fig. 3 of Jung et al. discloses an antenna 300, 301 formed of metal grid (metal grid of each antenna in 300).
Wu et al. and Jung et al. are common subject matter of antenna for mobile device; therefore, it would have been obvious before the effective filing date of claimed invention to one ordinary skill in the art to which the claimed invention pertains to incorporate Jung et al. into Wu et al. for the purpose of providing the array antenna formed of a transparent electrode material in the display unit is provided to improve antenna performance in a next generation communication service. In addition, there is an advantage that loss due to dual-feeding of the array antenna formed of a transparent electrode material inside the display is reduced. In addition, since the array antenna forming of a transparent electrode material inside the display is double-fed, horizontal/vertical polarization purity can be maintained at the same level, thus preventing a variation in performance according to a rotational state of the electronic device (paragraph 0189 of Jung et al.).
7. Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. as 1 applied to claim 2 above, in view of Arvin S. Pub. No.: 2015/0062448.
Wu applied to claim 1 above do not a display device, comprising: a display panel, an antenna layer, comprising at least one antenna unit according to claim 1, the at least one antenna unit being provided at a display side of the display panel, and a reflection layer, provided at a non-display side of the display panel, wherein the display panel comprises a liquid crystal display panel and a backlight module, the backlight module comprises a metal reflection plate, and the reflection layer is the metal reflection plate; or the display panel comprises an organic light-emitting diode display panel, and the reflection layer comprises a metal heat-sink layer of the organic light-emitting diode display panel.
Fig. 1 and Fig. 2 of Arvin S. discloses a display device (100) , comprising: a display panel (214, paragraph 0028), an antenna layer (208 paragraph 0028), comprising at least one antenna unit (208), the at least one antenna unit (208) being provided at a display side of the display panel (214, paragraph 0028), and a reflection layer (220; paragraph 0028), provided at a non-display side of the display panel (non-display side of display panel 214), wherein the display panel (214) comprises a liquid crystal display panel (paragraph 002) and a backlight module (paragraph 0028 discloses LED Backlight), the backlight module (paragraph 0028 discloses LED Backlight) comprises a metal reflection plate (backlight reflector 220; paragraph 0035 discloses "reflector can be a metallic film"), and the reflection layer (220) is the metal reflection plate ( paragraph 0035 discloses "reflector can be a metallic film"); or the display panel comprises an organic light-emitting diode display panel, and the reflection layer comprises a metal heat-sink layer of the organic light-emitting diode display panel.
Wu et al. and Arvin S. are common subject matter of antenna for displaying device; therefore, it would have been obvious before the effective filing date of claimed invention to one having ordinary skill in the art to which the claimed invention pertains to incorporate Arvin S. into Wu et al. for the purpose of increase display brightness and efficiency of an LED backlight by as much as about 45% or more (paragraph 0028 of Arvin S.).
Regarding claim 16. The display device according to claim 15, Wu et al. and Arvin S. applied to claim 15 above, Fig. 2 of Arvin S. further comprising: a cover plate (220), provided at a display side of the display panel (214), wherein the antenna layer (208) is provided at a side of the cover plate (202) facing the display panel (214) and being located between the cover plate (202) and the reflection layer (220).
8. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. and Arvin S. applied to claim 15 above, in further view of You et al. Pub. No 2022/0344807.
Wu et al. and Arvin S. applied to claim 15 above, Fig. 3 of Arvin do not disclose wherein the display panel comprises a display region and a non-display region, and at least part of the at least one antenna unit is provided in the non-display region of the display panel.
Fig. 7 of You et al. discloses a display panel a display region (display screen of Fig. 7A) and a non-display region (peripheral conductive 11-1, 11-3, 11-5, 11-7), and at least part of the at least one antenna unit (Antenna 1-4) is provided in the non-display region (peripheral conductive 11-1, 11-3, 11-5, 11-7) of the display panel (display screen of Fig. 7A).
Wu et al., Arvin S. and You et al. are common subject matter of antenna for displaying device; therefore, it would have been obvious before the effective filing date of claimed invention to one having ordinary skill in the art to which the claimed invention pertains to incorporate You et al. into Wu et al./ Arvin S. for the purpose of provides antennas are laid out at the top, the side, and the bottom of the electronic device is used, so that three antenna groups including a top antenna group, a middle antenna group, and a bottom antenna group are respectively formed, and antenna performance in a plurality of scenarios such as a free-space scenario, a portrait-mode holding scenario (for example, a voice call scenario), and a landscape-mode holding scenario (for example, a game play scenario) is considered, to improve antenna radiation efficiency (paragraph 0005 of You et al.).
9. Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al., Arvin S. and You et al. applied to claim 17 above, in further view of Jung et al. Pub. No 2019/0058264.
Regarding claim 18. Wu et al., Arvin S. and You et al. applied to claim 17 above, Fig. 7A of You et al. further discloses wherein the display device (display screen) comprises a first edge (11-1), a second edge (11-3) opposite to the first edge (11-3), a third edge (11-5) , and a fourth edge (11-7) opposite to the third edge (11-5) , the antenna unit (Antenna 1-4) comprises at least one selected from the group consisting of following: a first antenna (Antenna 3) , provided at the first edge (11-1); a second antenna (Antenna 4) , provided at the second edge (11-3), a third antenna (Antenna 2 or 5), provided at the third edge (11-5); and a fourth antenna (Antenna 0) , provided at the fourth edge (11-7).
However, You et al. do not discloses antenna array for each antenna (Antennal 0…Antenna 4) as claimed.
Fig. 3 of Jung et al. discloses a display (151) for a mobile device (Fig. 1B) comprising antenna array for each antenna (300’, 301, 302)
Wu et al., Arvin S. and You et al. and Jung et al. are common subject matter of antenna for displaying device; therefore, it would have been obvious before the effective filing date of claimed invention to one having ordinary skill in the art to which the claimed invention pertains to incorporate You et al. into Wu et al./ Arvin S./You et al. for the purpose of providing array antennas to maintain communication performance by selecting an array antenna having excellent radiation performance, while reducing power consumption (paragraph 0185 of Jung et al.).
Regarding claim 19. Wu et al., Arvin S. and You et al. and Jung et al. applied to claim 18 above, further discloses wherein the first antenna array, the second antenna array, the third antenna array, and the fourth antenna array (array antennal in Fig. 3 of Jung et al. applied to claim 18 above, each comprise N antenna units arranged in a 1×N array, wherein N is an integer and N≥4 (N≥4 antenna units in each 300’, 301, 302).
10. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over by Kim et al. Pub. No. 2021/0104582 in view of Wu et al. Pub. No. 2019/0386400.
Fig. 4 of Kim et al. discloses a manufacturing method of an antenna unit (ANTL, paragraph 0074), comprising: providing a flexible substrate (antenna layer ANTL; paragraph 0008); forming a metal layer (metal of ANTL; paragraph 00931) on the flexible substrate ((antenna layer ANTL paragraph 0008), and etching the metal layer (etching of ANTL) to form an antenna (ANTL; see Fig. 7A-7D) comprising a radiation main body (Fig. 7A-7D discloses antenna element having a radiation main body (110a-110d in Fig. 7A-7D), at least one feed line (112a-112d in Fig. 7A-7D) and forming an adhesive protection layer (Cover Window CW paragraph 0065) on a side of the antenna (ANTL) away from a display panel (DPL).
However, the antenna (Fig. 7A-7D) of Kim et al. does not disclose a plurality of grounding portions.
Fig. 2-8 of Wu et al. discloses an antenna unit (paragraph 0013), comprising: a radiation main body (4), at least one feed line (7, 8), electrically connected (5, 6) with the radiation main body (4), and a plurality of grounding portions (12, 13 14).
Kim et al. and Wu et al. are common subject matter of antenna for mobile device; therefore, it would have been obvious before the effective filing date of claimed invention to one having ordinary skill in the art to which the claimed invention pertains to incorporate into Wu et al. into Kim et al. for the beneficial effects: feeding to the director is not needed, so that the antenna system is simplified, and the cost is reduced; the director has the same effect on the two different polarization patterns, so that wide-angle coverage is achieved, and the consistency of the +45° polarization pattern and the -45° polarization pattern is good; and the antenna system of the invention occupies a small area, does not need a clearance area and can be disposed on a complete metal ground plate, thereby being suitable for full-screen equipment. The antenna system can be arranged on one side of the mobile terminal, thereby occupying a small space and facilitating light-thin and full-screen development of the mobile terminal (paragraph 0009 of Wu et al.).
Allowable Subject Matter
11. Claim 5 is 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. Prior arts do not teach: wherein the first grounding portion, the second grounding portion, the third grounding portion, and the fourth grounding portion are arranged along a reference direction, the symmetry axis of the radiation main body is at a first preset angel with respect to the reference direction, the first preset angle is in a range of (45 degrees ±δ), wherein δ is a preset deviation value, at least one selected from the group consisting of the first section and the third section is perpendicular to the symmetry axis of the radiation main body, and at least one selected from the group consisting of the second section and the fourth section is perpendicular to the reference direction.
12. Claim 6 is 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. Prior arts do not teach: wherein the third grounding portion and the fourth grounding portion are arranged along a reference direction, the first grounding portion and the second grounding portion are arranged perpendicular to the reference direction, the symmetry axis of the radiation main body is at a first preset angel with respect to the reference direction, the first preset angle is in a range of (45 degrees ±δ), wherein δ is a preset deviation value, at least one of the first section and the third section is perpendicular to the symmetry axis of the radiation main body, and the second section is parallel to the reference direction, the fourth section is perpendicular to the reference direction.
13. Claim 8 is 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. Prior arts do not teach: wherein a side of the second grounding portion facing the radiation main body is provided with a first protrusion, two sides of the first protrusion opposite to the radiation main body are parallel to each other, and a side of the third grounding portion facing the radiation main body is provided with a second protrusion, two sides of the second protrusion opposite to the radiation main body are parallel to each other.
14. Claims 9-10 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. Prior arts do not teach: 9. wherein a length of the first feed line is greater than a length of the second feed line, the first grounding portion comprises a first body and a first strip, and the first strip is located at a side of the first body facing the first feed line and extends in a direction parallel to the first feed line, and the second grounding portion comprises a second body and a second strip, and the second strip is located at a side of the second body facing the first feed line and extends in a direction parallel to the first feed line.
Contact Information
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linh Van Nguyen whose telephone number is (571) 272-1810. The examiner can normally be reached from 8:30 – 5:00 Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mr. Dameon E. Levi can be reached at (571) 272-2105. The fax phone numbers for the organization where this application or proceeding is assigned are (571-273-8300) for regular communications and (571-273-8300) for After Final communications.
12/30/2025
/LINH V NGUYEN/Primary Examiner, Art Unit 2845