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 .
Title Objection
The title of the invention is not descriptive (MPEP 606.01). A new title is required that is clearly
indicative of the invention to which the claims are directed. The following title is suggested:
“Drive Mechanism for Opening and Closing the Rear Surface of a Transparent Display Panel”.
Double Patenting
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 .
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of copending Application No. 18/663,166. Although the claims at issue are not identical, they are not patentably distinct from each other because both relate expressly to a display device comprising a belt embedded in a side frame. The present claim 1 include substantially the same features as claim 12 of copending Application No. 18/663,166.
Please see the direct claim comparison below: instant claim 1, and copending Application No. 18/663,166.
Instant Application 18/663,278
Copending Application No. 18/663,166
Claim 1. A display device comprising: a display panel displaying an image and having light transparency;
a transparent panel facing the display panel;
a side frame adjacent to a side edge of the display panel, and the side frame
elongated along the side edge of the display panel and coupled to the transparent panel;
a belt disposed in the side frame and moving in a longitudinal direction of the side frame;
a bar elongated in a direction intersecting the side frame, the bar having one end fixed to the belt;
a rotatable roller disposed adjacent to a lower side connected to the side edge of the display panel and
elongated along the lower side of the display panel; and
a cover layer having one end fixed to the bar and another end coupled to the roller,
such that when the bar moves, the cover layer is wound around or unwound from the roller,
wherein the bar comprises:
a plurality of pieces facing each other so that the cover layer is inserted between the facing pieces; and
a belt fixer
opposite to the plurality of pieces with respect to the belt, and
the belt fixer coupled to the plurality of pieces.
Claim 1. A display device comprising: a display panel displaying an image and having light transparency;
a transparent panel facing the display panel;
a side frame adjacent to a side edge of the display panel and
elongated along the side edge of the display panel, and coupled to the transparent panel;
a belt in the side frame, and the belt moving in a longitudinal direction of the side frame;
a bar elongated in a direction intersecting the side frame, the bar having one end fixed to the belt;
a rotatable roller adjacent to a lower side connected to the side edge of the display panel, the roller
elongated along the lower side of the display panel; and
a cover layer including one end fixed to the bar and another end coupled to the roller,
such that when the bar moves, the cover layer is wound around or unwound from the roller.
Claim 2. The display device of claim 1….
Claim 9. The display device of claim 2…
Claim 11. The display device of claim 9…
Claim 12. The display device of claim 11,
wherein the bar further comprises
a belt fixer
disposed adjacent to the belt and coupled to a distal end of the bar,
wherein the belt is disposed between the distal end of the bar and the belt fixer,
wherein the belt fixer fixes the belt to the distal end of the bar
Copending Application No. 18/663,166 does not explicitly teach:
wherein the bar comprises:
a plurality of pieces facing each other so that the cover layer is inserted between the facing pieces; and
the belt fixer opposite to the plurality of pieces with respect to the belt, and the belt fixer coupled to the plurality of pieces.
However, Cheon et al (KR20210083018A; “Cheon” hereinafter) teaches:
a belt fixer (255, fig. 9a) fixed to a belt (262, fig. 9a) and coupled to a cover layer (¶[0152]-[0153]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to include Cheon’s belt fixer into claim 1 of copending Application No. 18/663,166, in order to enable up and down movement of the cover panel.
Cheon does not explicitly teach:
wherein the bar comprises:
a plurality of pieces facing each other so that the cover layer is inserted between the facing pieces; and
the belt fixer opposite to the plurality of pieces with respect to the belt, and the belt fixer coupled to the plurality of pieces.
However, Shin et al (US 20200008308; “Shin” hereinafter) teaches:
a plurality of pieces (164a, 164b) facing each (fig. 3) other so that a display panel (DP, fig. 3) is inserted between the facing pieces (fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the bar of claim 1 of Copending Application No. 18/663,166, and the front side of Cheon’s belt fixer with Shin’s plurality of pieces, such that the pieces are facing each other, allowing the cover layer to be inserted between the facing pieces and the belt fixer opposite to the plurality of pieces with respect to the belt, in order to provide a convenient and simple fixing means, to fix the cover layer to the bar, for the advantage streamlining any service or repair to the display device. The claim would have been obvious because the particular known technique (fastening means) was recognized as part of the ordinary capabilities of one skilled in the art, as evidenced by Shin. Therefore, the claimed subject matter would have been no more than a predictable combination of a plurality of known techniques according to their respective purposes within routine skill and creativity (§MPEP 2143).
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Cheon et al (KR20210083018A; “Cheon” hereinafter), in view of Shin et al (US 20200008308; “Shin” hereinafter).
Regarding claim 1, Cheon teaches: a display device comprising:
a display panel (110) displaying an image and having light transparency (¶[0122]-[0123]);
a transparent panel (100) facing the display panel;
a side frame (260b) adjacent to a side edge of the display panel (fig. 7b), and the side frame elongated along the side edge of the display panel (figs. 7b, 9a) and coupled to the transparent panel (¶[0136]);
a belt (262, fig. 6a) disposed in the side frame (fig. 9a) and moving in a longitudinal direction of the side frame (fig. 10);
a bar (250 and 255, fig. 9a) elongated in a direction intersecting the side frame, the bar having one end fixed to the belt (¶[0153]);
a rotatable roller (220, fig. 9a) disposed adjacent to a lower side connected to the side edge of the display panel and elongated along the lower side of the display panel (figs. 9a-9b);
and a cover layer (210, fig .2) having one end fixed to the bar and another end coupled to the roller (¶[0141], [0149], [0152]), such that when the bar moves, the cover layer is wound around or unwound from the roller (¶[0146]-[0149]),
wherein the bar comprises:
a belt fixer (255, fig. 9a) fixed to the belt and coupled to the cover layer (¶[0152]-[0153]).
Cheon does not explicitly teach:
wherein the bar comprises:
a plurality of pieces facing each other so that the cover layer is inserted between the facing pieces; and
the belt fixer opposite to the plurality of pieces with respect to the belt, and the belt fixer coupled to the plurality of pieces.
However, Shin teaches:
a plurality of pieces (164a, 164b) facing each (fig. 3) other so that a display panel (DP, fig. 3) is inserted between the facing pieces (fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the front side of Cheon’s belt fixer and couple Shin’s plurality of pieces, such that of pieces facing each other so that the cover layer is inserted between the facing pieces and
the belt fixer opposite to the plurality of pieces with respect to the belt, in order to provide a convenient and simple fixing means, to fix the cover layer to the bar, for the advantage streamlining any service or repair to the display device. The claim would have been obvious because the particular known technique (fastening means) was recognized as part of the ordinary capabilities of one skilled in the art, as evidenced by Shin. Therefore, the claimed subject matter would have been no more than a predictable combination of a plurality of known techniques according to their respective purposes within routine skill and creativity (§MPEP 2143).
Allowable Subject Matter
Claims 2 and 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.
Regarding claim 2, the prior art of record taken alone or in combination, fails to teach or fairly suggest,
in combination with other limitations recited in claim 1, a combination of limitations that teaches: wherein the plurality of pieces comprises: a first piece having an elongated plate shape; and a second piece elongated to face the first piece, wherein the first piece comprises a fixing rib protruding from an outer surface of the first piece between the first piece and the second piece and extending in a longitudinal direction of the first piece, wherein the cover layer contacts the fixing rib. None of the reference art of record discloses or renders obvious such a combination.
Claims 3-9 are objected to by virtue of dependency to claim 2.
Regarding claim 10, the prior art of record taken alone or in combination, fails to teach or fairly suggest,
in combination with other limitations recited in claim 1, a combination of limitations that teaches: wherein the belt is a timing belt, wherein the belt fixer comprises a fixer body having a gear surface engaged with a gear of the belt. None of the reference art of record discloses or renders obvious such a combination.
Claims 11-12 are objected to by virtue of dependency to claim 10.
Conclusion
The prior art made of record and not relied upon is:
US 20210337684 A1 Display Device. This invention relates generally to a display device including a frame having an opening, a roller assembly having a roller and mounted on the frame, a display module wound on the roller or unrolled from the roller.
US 7128003 B2 Lifting Device for Visual Screens. This invention generally relates to an elevating device for lifting and lowering visual displays, including an elevating mechanism that elevates a first sliding frame and a second sliding frame. The first and second sliding frames move independently inside of a mounting frame.
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/ALLEN L PARKER/Supervisory Patent Examiner, Art Unit 2841
/P.K./Examiner, Art Unit 2841
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