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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The claim recites “the protective sheet is removed without being caught by the one or more protruding portions”. It is not clear how the protective sheet can be removed without being caught by the overhanging portion of the protruding portion.
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.
Claims 1-2, 7-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2013/0299376) in view of Davide (WO 2022269460).
Regarding claims 1 and 20, Chen (figs. 3-4) discloses a cell box 212 comprising:
a bottom portion defining a bottom surface of a housing space in which a display panel 24 and a protective sheet 23 are housed in an overlapping manner; and
a side wall portion defining a side surface of the housing space,
wherein the housing space includes a first space in which the display panel 24 is disposed and a second space in which the display panel is not disposed and a part of the protective sheet 23 is disposed,
one or more protruding portions 22 protruding into the second space are provided in the bottom portion, the one or more protruding portions 22 each include a first portion extending in a normal direction of the bottom surface.
Chen fails to disclose:
the one or more protruding portions 22 each including a second portion formed integrally with the first portion and more distant from the bottom surface than the first portion is, and the second portion includes an overhanging portion more overhanging than the first portion when viewed from the normal direction of the bottom surface.
However, Davide teaches protruding portions 40 including a first portion 44 and a second portion 48 including an overhanging portion (fig. 3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the one or more protruding portions 22 of Chen, integrally formed overhanging portions, as taught by Davide, to more securely maintain the buffering pad 23 in its intended position on the holder and to prevent a vertical movement of the protective sheet as taught by Davide in claim 2.
Regarding claim 2, Chen further discloses the side wall portion includes a pair of first side walls opposed to each other in a first direction and each extending in a second direction orthogonal to the first direction, and a pair of second side walls opposed to each other in the second direction and each extending in the first direction, and the side surface of the housing space is defined by an inner surface of each of the pair of first side walls and the pair of second side walls facing the housing space (figs. 1-2).
Regarding claim 7, Chen further discloses a plurality of the protruding portions 22 being provided in the bottom portion, the housing space includes two of the second spaces, one of the two second spaces is located further on one side than the first space in the first direction, the other of the two second spaces is located further on the other side than the first space in the first direction, one or more first protruding portions which are some of the plurality of protruding portions are provided in one of the two second spaces, one or more second protruding portions which are a remainder of the plurality of protruding portions are provided in the other of the two second spaces, both ends of the first space in the first direction are defined by at least one first protruding portion of the one or more first protruding portions and at least one second protruding portion of the one or more second protruding portions, and both ends of the first space in the second direction are defined by the inner surfaces of the pair of second side walls (paragraph 0014).
Regarding claim 8, Chen further discloses positions of the at least one first protruding portion 22 and the at least one second protruding portion 22 are aligned in the second direction (paragraph 0014).
Regarding claims 9-10, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claims 11-14, Chen further discloses a plurality of the protruding portions 22 are provided in the bottom portion, the first space is surrounded by the second space, one or more first protruding portions which are some of the plurality of protruding portions are provided in a portion of the second space further on one side than the first space in the first direction, one or more second protruding portions which are another part of the plurality of protruding portions are provided in a portion of the second space further on the other side than the first space in the first direction, one or more third protruding portions which are another part of the plurality of protruding portions are provided in a portion of the second space further on one side than the first space in the second direction, one or more fourth protruding portions which are a remainder of the plurality of protruding portions are provided in a portion of the second space further on the other side than the first space in the second direction, both ends of the first space in the first direction are defined by at least one first protruding portion of the one or more first protruding portions and at least one second protruding portion of the one or more second protruding portions, and both ends of the first space in the second direction are defined by at least one third protruding portion of the one or more third protruding portions and at least one fourth protruding portion of the one or more fourth protruding portions. Regarding the exact locations of the protruding portions 22, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 15, the modified Chen further discloses the overhanging portion 48 overhangs at least on a side opposite to the first space (fig. 3 of Davide).
Regarding claim 18, Chen further discloses the display panel 24 and the protective sheet 23 being alternately housed in an overlapping manner in the housing space, the part of the protective sheet 23 is formed with a hole larger than a corresponding one of the one or more protruding portion 22 when viewed from the normal direction of the bottom surface, and the corresponding one of the one or more protruding portion 22 is inserted into the hole of the protective sheet 23 (fig. 3).
Regarding claim 19, the modified Chen further discloses in removal of the display panel from the housing space, the protective sheet is lifted up along with the display panel while being stuck to the display panel, the protective sheet is caught by one or more of the one or more protruding portions and falls into the cell box (claim 2 of Davide).
Claims 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2013/0299376) in view of Davide (WO 2022269460) further in view of Glacki (US 12,441,531).
Regarding claims 3-6, the modified Chen discloses all elements of the claimed invention except for:
one or more recessed portions recessed to a side opposite to the housing space are formed on the inner surface of at least one side wall of the pair of first side walls and the pair of second side walls, and when a portion of the inner surface in which none of the one or more recessed portions is formed is referred to as a main portion of the inner surface, both ends of the first space in the first direction are defined by the main portions of the inner surfaces of the pair of first side walls, and both ends of the first space in the second direction are defined by the main portions of the inner surfaces of the pair of second side walls;
wherein the housing space includes one or more of the second spaces defined by each of one or more specific recessed portions among the one or more recessed portions, and the one or more protruding portions protruding toward each of the one or more second spaces are provided in the bottom portion;
a specific recessed portion among the one or more specific recessed portions is formed in a central portion of each of the pair of first side walls in the second direction; and
wherein a specific recessed portion among the one or more specific recessed portions is formed further on one side of each of the pair of first side walls than a central portion of each of the pair of first side walls in the second direction and further on the other side of each of the pair of first side walls than the central portion of each of the pair of first side walls in the second direction.
However, Glacki teaches a package for flat substrates having recessed portions as claimed, defined by centering aids 400 (figs. 1-2).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the modified device of Chen recessed portions defined by centering aids, to contribute to the stabilization of the panels, as taught by Glacki in col. 8, lines 42-43.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2013/0299376) in view of Davide (WO 2022269460) further in view of Knoll (US 4,936,849).
Regarding claims 16-17, the modified Chen discloses all elements of the claimed invention except for the overhanging portion of each of the at least one first protruding portion 22, the at least one second protruding portion 22, the at least one third protruding portion 22, and the at least one fourth protruding portion 22 does not overhang toward the first space as compared to the first portion when viewed from the normal direction of the bottom surface.
However, Knoll teaches a pin 12 provided with partial overhang (figs. 5a-5c).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have made the overhang of the modified Chen partial, as taught by Knoll, to provide desired retaining function while avoiding interference with adjacent structures.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Newly applied reference Davide teaches the newly added limitation.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAINE GIRMA NEWAY whose telephone number is (571)270-5275. The examiner can normally be reached Monday - Friday 9:00 AM- 5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at 571-272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BLAINE G NEWAY/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
Prosecution Insights