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 .
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.
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Claims 1, 9 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No.12004309. Although the claims at issue are not identical, they are not patentably distinct from each other because.
As explained below claimed subject matter of claims 1, 9 and 10 are similar describing same elements with different word. For example- side portion as Side member, Top portion as bezel, a first transparent member as First window.
Patented claim 1 claims structure of fig. 4A and 4B and Claims 1. 9 and 10 claims structure of Fig. 4D.
Difference between Fig. 4B and 4D is width of first window (transparent member ) item 720 with respect to item 831 (bezel or a top portion). Width of item 720 in fig. 4D is smaller than in Fig. 4B.
It would have been an obvious matter of design choice to change size of the first window, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim 1 of instant application
Claim 1 of Patent 12004309
1. A portable communication device comprising: a flexible display including a displaying area and a non-displaying area substantially surrounding the displaying area;
a housing accommodating the flexible display and including a side member and a bezel coupled with the side member;
a first window disposed over the flexible display and foldable according to the flexible display being folded;
a first adhesive layer disposed under the first window and having a first thickness;
a second window disposed over the first window and foldable according to the flexible display being folded; and a second adhesive layer disposed between the first window and the second window, and having a second thickness smaller than the first thickness,
wherein the flexible display is visible through the first window, the first adhesive layer, the second window, and the second adhesive layer, and wherein, when viewed in a direction substantially perpendicular to the flexible display,
a first edge portion of the first window is overlapped with the bezel, and a second edge portion of the second window is not overlapped with the bezel, and
wherein the first window includes an opaque area formed therein such that the opaque area covers at least part of the non-displaying area of the flexible display.
1. A portable communication device comprising:
a flexible display;
a housing accommodating the flexible display, the housing including a side portion and a top portion protruded from the side portion;
a first transparent member disposed over the flexible display and foldable according to the flexible display being folded;
a first adhesive layer disposed between the flexible display and the first transparent member, the first adhesive layer having a first thickness;
a second transparent member disposed over the first transparent member and foldable according to the flexible display being folded; and a second adhesive layer disposed between the first transparent member and the second transparent member, the second adhesive layer having a second thickness smaller than the first thickness,
wherein the flexible display is visible through the first transparent member, the first adhesive layer, the second transparent member, and the second adhesive layer wherein, when viewed in a direction substantially perpendicular to the flexible display,
a first edge portion of the first transparent member is overlapped with and spaced apart from the top portion of the housing, and a second edge portion of the second transparent member is overlapped with and spaced apart from the top portion, and wherein the first edge portion is spaced apart from the side portion by a first distance, and the second edge portion is spaced apart from the side portion by a second distance which is different from the first distance.
9. A portable communication device comprising:
a flexible display including a displaying area and a non-displaying area substantially surrounding the displaying area;
a housing accommodating the flexible display and including a side member and a bezel coupled with the side member;
a first window disposed over the flexible display and foldable according to the flexible display being folded;
a first adhesive layer disposed under the first window and having a first thickness; a second window disposed over the first window and foldable according to the flexible display being folded; and
a second adhesive layer disposed between the first window and the second window, and having a second thickness smaller than the first thickness,
wherein the flexible display is visible through the first window, the first adhesive layer, the second window, and the second adhesive layer, and
wherein, when viewed in a direction substantially perpendicular to the flexible display,
a first edge portion of the first window is overlapped with the bezel, and a second edge portion of the second window is not overlapped with the bezel.
10. A foldable electronic device comprising:
a flexible display;
a housing accommodating the flexible display, the housing comprising a first housing including
a first side member and a first bezel which is coupled to the first side member, and a second housing including a second side member and a second bezel which is coupled to the second side member; a hinge configured to enable the first housing and the second housing to be folded with respect to each other; a first window disposed over the flexible display, wherein
a first adhesive is disposed between the flexible display and the first window, the first adhesive having a first thickness; a first coating layer disposed on the first window;
a second window disposed on the first coating layer,
wherein a second adhesive is disposed between the first coating layer and the second window, the second adhesive having a second thickness smaller than the first thickness; and a second coating layer disposed on the second window,
wherein a first edge portion of the first window is covered by the first bezel of the first housing and a second edge portion of the first window is covered by the second bezel of the second housing, and wherein the second window is not covered by the first bezel and the second bezel.
1. A portable communication device comprising:
a flexible display;
a housing accommodating the flexible display, the housing including a side portion and a top portion protruded from the side portion;
a first transparent member disposed over the flexible display and foldable according to the flexible display being folded;
a first adhesive layer disposed between the flexible display and the first transparent member, the first adhesive layer having a first thickness;
a second transparent member disposed over the first transparent member and foldable according to the flexible display being folded; and
a second adhesive layer disposed between the first transparent member and the second transparent member, the second adhesive layer having a second thickness smaller than the first thickness,
wherein the flexible display is visible through the first transparent member, the first adhesive layer, the second transparent member, and the second adhesive layer
wherein, when viewed in a direction substantially perpendicular to the flexible display,
a first edge portion of the first transparent member is overlapped with and spaced apart from the top portion of the housing, and a second edge portion of the second transparent member is overlapped with and spaced apart from the top portion, and wherein the first edge portion is spaced apart from the side portion by a first distance, and the second edge portion is spaced apart from the side portion by a second distance which is different from the first distance.
1. A portable communication device comprising:
a flexible display;
a housing accommodating the flexible display, the housing including
a side portion and a top portion protruded from the side portion;
a first transparent member disposed over the flexible display and foldable according to the flexible display being folded;
a first adhesive layer disposed between the flexible display and the first transparent member, the first adhesive layer having a first thickness;
a second transparent member disposed over the first transparent member and foldable according to the flexible display being folded; and
a second adhesive layer disposed between the first transparent member and the second transparent member, the second adhesive layer having a second thickness smaller than the first thickness,
wherein the flexible display is visible through the first transparent member, the first adhesive layer, the second transparent member, and the second adhesive layer wherein, when viewed in a direction substantially perpendicular to the flexible display,
a first edge portion of the first transparent member is overlapped with and spaced apart from the top portion of the housing, and a second edge portion of the second transparent member is overlapped with and spaced apart from the top portion, and wherein the first edge portion is spaced apart from the side portion by a first distance, and the second edge portion is spaced apart from the side portion by a second distance which is different from the first distance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUKUNDBHAI G PATEL whose telephone number is (571)270-1364. The examiner can normally be reached Mon-Thu 7Am-6pm Fri 7-12 pm (Flex).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jayprakash P Gandhi can be reached at (571) 272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUKUNDBHAI G PATEL/ Primary Examiner, Art Unit 2835
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