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 .
Response to Amendment
The Amendment filed on July 8, 2026, has been entered. No claim(s) has/have been canceled or added. Therefore, claim(s) 1-20 continue to be pending in the application.
Claim Objections
Claim(s) 1-20 is/are objected to because of the following informalities:
With respect to claim 1, a comma appears to be missing in line 13 of the claim after “the second direction”. Claims 2-20 which either directly or indirectly depend from claim 1 and which inherit issues of claim 1, are objected to for similar reasons.
With respect to claim 12, “a length” recited in lines 1 and 2 should read “the length”, as both lengths were already introduced in claim 11, from which claim 12 depends.
With respect to claim 18, “a distance” recited in lines 1 and 2 should read “the distance”, as both distances were already introduced in claim 17, from which claim 18 depends.
With respect to claim 20, “including” recited in line 5 of the claim should read “includes”.
Appropriate correction is required.
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(s) 1-20 is/are 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.
With respect to claim 1, as currently amended the claim recites “a first side end” and “a second side end” twice (line 16 and line 25). It is unclear whether the second recited “first side end” and “a second side end” were intended to relate back to “a first side end” and “a second side end” (line 16) or to set forth an additional “first side end” and “second side end”. Claims 2-20 which either directly or indirectly depend from claim 1 and which inherit issues of claim 1, are rejected for similar reasons.
With respect to claim 10, as currently amended the claim requires that “the first pattern portion includes a plurality of first patterns” (line 19, claim 1) and that “the first pattern portion includes at least first to third groups of first pattern portions”. The difference between the “plurality of first patterns” included in the first pattern portion and “first pattern portions” included in the first pattern portion is unclear. Specifically, it is not clear if the plurality of first patterns and the first pattern portions refer to the same or different elements. For purpose of compact prosecution, it will be assumed that the plurality of first patterns and first pattern portions are referring to the same elements.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1-2, 8 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (WO 2021/235725, hereinafter “Park”, relying on provide English translation) in view of Fu et al. (US 2023/0354533, hereinafter “Fu”, previously cited).
Regarding claim 1, Park teaches in Figs. 1-5 (Fig. 5 shown below) and related text an elastic member (100, Fig. 5 and ¶[83]) foldable based on a folding axis (Fig. 5 and ¶[95]), the elastic member comprising:
a first region (2A, Fig. 5 and ¶[74]) including the folding axis and a second region (1A, Fig. 5 and ¶[95]) disposed on opposite sides of the first region (Fig. 5);
a first pattern portion (e.g. pattern portion that includes P4, Fig. 5 and ¶[96]) formed in the first region (2A, Fig. 5) and entirely or partially penetrating the elastic member (Fig. 2A and ¶[96]):
a plurality of hinge portions (P3, Fig. 5 and ¶[167]) formed in the first region (2A, Fig. 5) and disposed separately from the first pattern portion (P4, Fig. 5); and
a second pattern portion (P1, Fig. 5 and ¶[167]) formed in the second region (1A, Fig. 5) and entirely or partially penetrating the elastic member (Fig. 5 and ¶[96]),
wherein the elastic member is defined in a first direction (1D, Fig. 5) corresponding to the folding axis and a second direction (2D, Fig. 5) perpendicular to the first direction,
wherein the second region is located farther from the folding axis than an outer boundary of the first region in the second direction (Fig. 5), wherein each of the plurality of hinge portions is formed such that a first side end or a second side end of the elastic member located in the first direction is open (Fig. 5 and ¶[140]),
wherein a width of the first region (2A, Fig. 5) in the second direction (2D, Fig. 5) is smaller than a width of the second region (1A, Fig. 5) in the second direction (2D, Fig. 5),
wherein the first pattern portion (e.g. pattern portion that includes P4, Fig. 5) includes a plurality of first patterns (P4, Fig. 5 and ¶[167]) disposed spaced apart from each other in the first direction (1D, Fig. 5) and the second direction (2D, Fig. 5) in the first region (2A, Fig. 5),
wherein the second pattern portion (e.g. pattern portion that includes P1, Fig. 5) includes a plurality of second patterns (P1, Fig. 5) disposed spaced apart from each other in the first direction (1D, Fig. 5) and the second direction (2D, Fig. 5) in the second region (1A, Fig. 5),
wherein at least one of the plurality of first patterns (P4, Fig. 5) overlaps a corresponding hinge portion (P3, Fig. 5) in the second direction (2D, Fig. 5),
wherein the plurality of second patterns (P1, Fig. 5) do not overlap the plurality of hinge portions (P2, Fig. 5) in the second direction (2D, Fig. 5), and
wherein no hinge portion having a first side end and a second side end opened is formed in the second region (1A, Fig. 5).
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While Park does not explicitly teach that the width of the first region in the second direction is 15 mm or more, forming the first region disclosed by Park to have a width in the second direction of 15 mm or more, would have been within capabilities of one of ordinary skill in the art as evidenced by Fu. Specifically, Fu teaches in Fig. 1 and related text that the width of the bending region (12, Fig. 1 and ¶[0077]) corresponding to the first region disclosed by Park, can be from 20 mm to 40 mm, which is fully within the claimed range.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to form the first region disclosed by Park to have a width in the second direction of 20 mm to 40 mm, as disclosed by Fu, in order to meet specific desiring requirements for the device.
Regarding claim 2 (1), the combined teaching of Park and Fu discloses wherein the width of the first region in the second direction is 15 mm to 40 mm (Fu, ¶[0077]).
Regarding claim 8 (1), the combined teaching of Park and Fu further discloses
a first layer (Park, 100, Fig. 1 and ¶[79]; and
a second layer (Park, 200 Fig. 1 and ¶[79]) on the first layer, wherein the first layer and the second layer include different materials ¶¶[0043], [54]-[65]).
Regarding claim 19 (1), the combined teaching of Park and Fu discloses folding support comprising:
the elastic member of claim 1 (Park , 100, Fig. 5); and
a protective layer (Park, Fig. 5 and ¶[65]) disposed under the elastic member (i.e. the term under in the absence of any reference is considered a relative term).
Regarding claim 20 (1), the combined teaching of Park and Fu discloses a display device (Park, 1000, Fig. 1 and ¶[42]) comprising:
the elastic member of claim 1 (Park, 100, Fig. 5 and ¶[43]);
a protective layer (Park, Fig. 5 and ¶[65]) under the elastic member (Park, 100, Fig. 1);
an adhesive layer (Park, 30, Fig. 1 and ¶[66]) on the elastic member (Fig. 5); and
a panel layer (300, Fig. 1 and ¶[66]) on the adhesive layer,
wherein the panel layer includes at least one of a display panel or a touch panel (¶[66]).
Claim(s) 1-4, 8, 10-12, 15 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2022/0309964, hereinafter “Wang”) in view of Fu et al. (US 2023/0354533, hereinafter “Fu”, previously cited).
Regarding claim 1, Wang teaches in Figs. 1-6 (annotated Fig. 2 shown below) and related text an elastic member foldable based on a folding axis, the elastic member comprising:
a first region (20a, annotated Fig. 2 and ¶[0049]) including the folding axis (A-A, annotated Fig. 2 and ¶[0073]) and a second region (20b, annotated Fig. 2 and ¶[0049]) disposed on opposite sides of the first region (annotated Fig. 2);
a first pattern portion (e.g. 2013, annotated Fig. 2 and ¶[0073]) formed in the first region (20a, annotated Fig. 2) and entirely or partially penetrating the elastic member (¶[0073]):
a plurality of hinge portions (e.g. HN, annotated Fig. 2) formed in the first region (annotated Fig. 2) and disposed separately from the first pattern portion (annotated Fig. 2); and
a second pattern portion (2011, annotated Fig. 2 and ¶[0050]) formed in the second region (20b, annotated Fig. 2) and entirely or partially penetrating the elastic member (¶[0050]),
wherein the elastic member is defined in a first direction (annotated Fig. 2) corresponding to the folding axis and a second direction (annotated Fig. 2) perpendicular to the first direction, wherein the second region (20b, annotated Fig. 2) is located farther from the folding axis than an outer boundary of the first region (20a, annotated Fig. 2) in the second direction (annotated Fig. 2),
wherein each of the plurality of hinge portions (HN, annotated Fig. 2) is formed such that a first side end or a second side end of the elastic member located in the first direction is open (annotated Fig. 2), wherein a width of the first region in the second direction is smaller than a width of the second region in the second direction (annotated Fig. 2),
wherein the first pattern portion (2013, annotated Fig. 2) includes a plurality of first patterns (2013, annotated Fig. 2) disposed spaced apart from each other in the first direction and the second direction in the first region (20a, annotated Fig. 2),
wherein the second pattern portion (2011, annotated Fig. 2) includes a plurality of second patterns (2011, annotated Fig. 2) disposed spaced apart from each other in the first direction and the second direction in the second region (20b, annotated Fig. 2),
wherein at least one of the plurality of first patterns overlaps a corresponding hinge portion in the second direction (annotated Fig. 2),
wherein the plurality of second patterns do not overlap the plurality of hinge portions in the second direction (annotated Fig. 2), and
wherein no hinge portion having a first side end and a second side end opened is formed in the second region (annotated Fig. 2).
[AltContent: textbox (2nd pattern portion)][AltContent: ][AltContent: rect][AltContent: textbox (1st pattern portion)][AltContent: ][AltContent: rect][AltContent: textbox (1st group)][AltContent: ][AltContent: textbox (3rd group)][AltContent: textbox (2nd group)][AltContent: ][AltContent: ][AltContent: textbox (HN)][AltContent: ][AltContent: arrow][AltContent: textbox (1st direction)][AltContent: textbox (overlap)][AltContent: ][AltContent: connector][AltContent: connector][AltContent: textbox (2nd direction)][AltContent: arrow][AltContent: arrow][AltContent: textbox ((Annotated Figure))]
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While Wang does not explicitly teach that the width of the first region in the second direction is 15 mm or more, forming the first region disclosed by Wang to have a width in the second direction of 15 mm or more, would have been within capabilities of one of ordinary skill in the art as evidenced by Fu. Specifically, Fu teaches in Fig. 1 and related text that the width of the bending region (12, Fig. 1 and ¶[0077]) corresponding to the first region disclosed by Wang, can be from 20 mm to 40 mm, which is fully within the claimed range.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to form the first region disclosed by Wang to have a width in the second direction of 20 mm to 40 mm, as disclosed by Fu, in order to meet specific desiring requirements for the device.
Regarding claim 2 (1), the combined teaching of Wang and Fu discloses wherein the width of the first region in the second direction is 15 mm to 40 mm (Fu, ¶[0077]).
Regarding claim 3 (1), the combined teaching of Wang and Fu discloses wherein a width of each the plurality of first patterns (Wang, 2013, annotated Fig. 2 and Fig. 6) in the second direction is 0.02 mm to 0.18 mm (Wang, annotated Fig. 2 and Fig. 6, ¶[0082] which is overlapping the claimed range of 0.1 to 0.22 mm, where modifying the range of Wang to the claimed range would have been within capabilities of one of ordinary skill in the art), and wherein a length of each of the plurality of first patterns in the first direction is 4 mm to 6 mm (Wang, annotated Fig. 2 and Fig. 6, ¶[0082], which is overlapping the claimed range of 1 mm to 5 mm, where modifying the range of Wang to the claimed range would have been within capabilities of one of ordinary skill in the art).
Regarding claim 4 (3), the combined teaching of Wang and Fu discloses
wherein a distance of the plurality of first patterns in the second direction is 0.02 mm to 0.08 mm (Wang, annotated Fig. 2, which is overlapping the claimed range of 0.05 to 0.15 mm, where modifying the range of Wang to the claimed range would have been within capabilities of one of ordinary skill in the art).
Regarding claim 8 (1), the combined teaching of Wang and Fu further discloses
a first layer (Wang, 20, Fig. 1, annotated Fig. 2 and ¶[0047]; and
a second layer (Wang, e.g. 30, 10, Fig. 1, annotated Fig. 2 and ¶[0047]) on the first layer, wherein the first layer and the second layer include different materials ¶¶[0045]-[0048]).
Regarding claim 10 (4), the combined teaching of Wang and Fu discloses, wherein the first pattern portion (annotated Fig. 2) includes at least first to third groups of first pattern portions (annotated Fig. 2) spaced apart from each other in the second direction (annotated Fig. 2), wherein a distance between the first pattern portion of the first group and the first pattern portion of the second group in the second direction is the same as a distance between the first pattern portion of the second group and the first pattern portion of the third group in the second direction (annotated Fig. 2).
Regarding claim 11 (4), the combined teaching of Wang and Fu discloses wherein a length of the plurality of second patterns (2011, annotated Fig. 2) in the first direction (annotated Fig. 2) is different from a length of the plurality of first patterns (2013, annotated Fig. 2) in the first direction (annotated Fig. 2).
Regarding claim 12 (11), the combined teaching of Wang and Fu discloses wherein the length of the plurality of second patterns (2011, annotated Fig. 2) in the first direction (annotated Fig. 2) is smaller from the length of the plurality of first patterns (2013, annotated Fig. 2) in the first direction (annotated Fig. 2).
Regarding claim 15 (11), the combined teaching of Wang and Fu discloses wherein distances in the second direction (annotated Fig. 2) between the plurality of second patterns spaced apart in the second direction are equal to each other (annotated Fig. 2).
Regarding claim 17 (15), the combined teaching of Wang and Fu discloses wherein a distance between the plurality of first patterns in the first direction (annotated Fig. 2) is different from a distance between the plurality of second patterns in the first direction (annotated Fig. 2).
Regarding claim 18 (17), the combined teaching of Wang and Fu discloses wherein distances wherein the distance between the plurality of first patterns in the first direction (annotated Fig. 2) is smaller than the distance between the plurality of second patterns in the first direction (annotated Fig. 2).
Regarding claim 19 (1), the combined teaching of Wang and Fu discloses folding support comprising:
the elastic member of claim 1 (Wang, 20, annotated Fig. 2); and
a protective layer (Wang, 10, annotated Fig. 2 and ¶[0046]) disposed under the elastic member (i.e. the term under in the absence of any reference is considered a relative term).
Regarding claim 20 (1), the combined teaching of Wang and Fu discloses a display device (Wang, 100, Fig. 1, annotated Fig. 2 and ¶[0045]) comprising:
the elastic member of claim 1 (Wang, 20, annotated Fig. 2 and ¶[0045]);
a protective layer (Wang, 10, annotated Fig. 2 and ¶[0046]) under the elastic member (Wang, 20, Fig. 2);
an adhesive layer (Wang, 30, Fig. 2 and ¶[0045]) on the elastic member (Wang, 20, annotated Fig. 2); and
a panel layer (Wang, 10, Fig. 1, annotated Fig. 2 and ¶[0046]) on the adhesive layer,
wherein the panel layer includes at least one of a display panel and a touch panel (¶[0046]).
Claim(s) 1, 3-4, 9, 11, and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2022/0343809, hereinafter “Chen”) in view of Fu et al. (US 2023/0354533, hereinafter “Fu”, previously cited).
Regarding claim 1, Chen teaches in Figs. 1-10 (annotated Fig. 10 shown below) and related text an elastic member foldable based on a folding axis, the elastic member comprising:
a first region (20a, annotated Fig. 10 and ¶[0041]) including the folding axis (annotated Fig. 10 and ¶[0041]) and a second region (20b, 20c, annotated Fig. 10 and ¶¶[0051]-[0053]) disposed on opposite sides of the first region (annotated Fig. 10);
a first pattern portion (e.g. pattern portion made of elements 201, annotated Fig. 10 and ¶[0041]) formed in the first region (20a, annotated Fig. 10) and entirely or partially penetrating the elastic member (¶[0041]):
a plurality of hinge portions (e.g. HN, annotated Fig. 10) formed in the first region (annotated Fig. 10) and disposed separately from the first pattern portion (annotated Fig. 10); and
a second pattern portion (e.g. pattern portion made from some of the elements 202, annotated Fig. 10 and ¶[0055]) formed in the second region (20b, 20c, annotated Fig. 10) and entirely or partially penetrating the elastic member (¶[0055]),
wherein the elastic member is defined in a first direction (e.g. x-direction, annotated Fig. 10) corresponding to the folding axis and a second direction (e.g. y-direction, annotated Fig. 10) perpendicular to the first direction,
wherein the second region (20b, 20c, annotated Fig. 10) is located farther from the folding axis than an outer boundary of the first region (20a, annotated Fig. 10) in the second direction (e.g. y-direction, annotated Fig. 10),
wherein each of the plurality of hinge portions (HN, annotated Fig. 9) is formed such that a first side end or a second side end of the elastic member located in the first direction is open (annotated Fig. 10), wherein a width of the first region in the second direction is smaller than a width of the second region in the second direction (annotated Fig. 10),
wherein the first pattern portion (annotated Fig. 10) includes a plurality of first patterns (201, annotated Fig. 10) disposed spaced apart from each other in the first direction and the second direction in the first region (20a, annotated Fig. 10),
wherein the second pattern portion (annotated Fig. 10) includes a plurality of second patterns (202, annotated Fig. 10) disposed spaced apart from each other in the first direction and the second direction in the second region (20b, 20c, annotated Fig. 10),
wherein at least one of the plurality of first patterns overlaps a corresponding hinge portion in the second direction (annotated Fig. 10),
wherein the plurality of second patterns do not overlap the plurality of hinge portions in the second direction (annotated Fig. 10), and
wherein no hinge portion having a first side end and a second side end opened is formed in the second region (i.e. the hinge portion in a second region only has one side end open, annotated Fig. 10).
[AltContent: textbox (opened side end of hinge portion)]
[AltContent: ][AltContent: textbox ((Annotated Figure))][AltContent: ][AltContent: ][AltContent: textbox (overlap)][AltContent: rect][AltContent: connector][AltContent: connector][AltContent: ][AltContent: textbox (closed side end of hinge portion)][AltContent: ][AltContent: ][AltContent: rect][AltContent: textbox (2nd pattern portion)][AltContent: textbox (1st pattern portion)][AltContent: textbox (HN)][AltContent: ]
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While Chen does not explicitly teach that the width of the first region in the second direction is 15 mm or more, forming the first region disclosed by Chen to have a width in the second direction of 15 mm or more, would have been within capabilities of one of ordinary skill in the art as evidenced by Fu. Specifically, Fu teaches in Fig. 1 and related text that the width of the bending region (12, Fig. 1 and ¶[0077]) corresponding to the first region disclosed by Chen, can be from 20 mm to 40 mm, which is fully within the claimed range.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to form the first region disclosed by Chen to have a width in the second direction of 20 mm to 40 mm, as disclosed by Fu, in order to meet specific desiring requirements for the device.
Regarding claim 3 (1), the combined teaching of Chen and Fu discloses wherein a width of each the plurality of first patterns (Chen, 201, annotated Fig. 10 and Fig. 6) in the second direction is 0.05 mm to 0.35 mm (Chen, annotated Fig. 9 and Fig. 6, ¶[0048] which overlaps the claimed range of 0.1 mm to 0.22 mm, where modifying the range of Chen to the claimed range would have been within capabilities of one of ordinary skill in the art), and wherein a length of each of the plurality of first patterns in the first direction is 2 mm to 7 mm (Chen, annotated Fig. 10 and Fig. 6, ¶[0048], which is overlapping the claimed range of 1 mm to 5 mm, where modifying the range of Chen to the claimed range would have been within capabilities of one of ordinary skill in the art).
Regarding claim 4 (3), the combined teaching of Chen and Fu discloses
wherein a distance (Chen, h3, Fig. 5 and annotated Fig. 10) of the plurality of first patterns (201, Fig. 5 and annotated Fig. 10) in the second direction is 0.2 mm to 0.5 mm (Chen, Fig. 5 and annotated Fig. 10, which is close to the claimed range of 0.05 to 0.15 mm, where modifying the range of Chen to the claimed range would have been within capabilities of one of ordinary skill in the art).
Regarding claim 9 (3), the combined teaching of Chen and Fu discloses wherein the plurality of first patterns is not connected to the first side end and the second side end of the elastic member located in the first direction (annotated Fig. 10), and wherein lengths (L, Fig. 6 and annotated Fig. 10) of the plurality of first patterns (201, Fig. 6 and annotated Fig. 10) in the first direction (e.g. x-direction, Fig. 6 and annotated Fig. 10) are the same, and wherein widths (W, Fig. 6 and annotated Fig. 10) of the plurality of first patterns (201, Fig. 6 and annotated Fig. 9) in the second direction are the same (annotated Fig. 10).
Regarding claim 11 (4), the combined teaching of Chen and Fu discloses wherein a length of the plurality of second patterns (202, annotated Fig. 10) in the first direction (e.g. x-direction, annotated Fig. 10) is different from a length of the plurality of first patterns (201, annotated Fig. 10) in the first direction (e.g. x-direction, annotated Fig. 10).
Regarding claim 13 (11), the combined teaching of Chen and Fu discloses wherein the first pattern portion (annotated Fig. 10) includes a first outer pattern that is not connected to the first side end and is closest to the first side end (e.g. 201 closest to first side end of the elastic member 20, annotated Fig. 9), wherein the second pattern portion (annotated Fig. 10) includes a second outer pattern that is not connected to the first side end and is closest to the first side end (e.g. 202 in the second pattern portion closes to the first side end of the elastic member, annotated Fig. 10), and wherein a distance from the first side end to the first outer pattern in the first direction (e.g. x-direction, annotated Fig. 10) is smaller than a distance from the first side end to the second outer pattern in the first direction (e.g. x-direction, annotated Fig. 10).
Regarding claim 14 (11), the combined teaching of Chen and Fu discloses wherein the width of the plurality of first patterns in the second direction (e.g. y-direction, annotated Fig. 10) is equal (¶[0058]) to the width of the plurality of second patterns (202, annotated Fig. 10) in the second direction (e.g. y-direction, annotated Fig. 10).
Regarding claim 15 (11), the combined teaching of Chen and Fu discloses wherein distances in the second direction (e.g. y-direction, annotated Fig. 10) between the plurality of second patterns (202, annotated Fig. 10) spaced apart in the second direction (e.g. y-direction, annotated Fig. 10) are equal to each other (annotated Fig. 10).
Regarding claim 16 (15), the combined teaching of Chen and Fu was discussed above in the rejection of claim 15 and includes wherein a distance (h3, Fig. 5 and annotated Fig. 10) between the plurality of first patterns (201, Fig. 5 and annotated Fig. 10) can vary between 0.3 mm to 0.5 mm (Chen, Fig. 5, annotated Fig. 10 and ¶[0049]). While Chen and Fu do not explicitly teach that a distance between the plurality of first patterns and a distance between the plurality of second patterns in the second direction is same, varying the distance between the plurality of first patterns (or the plurality of second patterns) disclosed by Chen so that the distance between the plurality of first patterns is same as the distance between the plurality of second patterns in the second direction, would be within capabilities of one of ordinary skill in the art, as it would amount to nothing more than changing the size (distance) of the spacing between the plurality of first patterns (or the plurality of second patterns) in order to meet specific design requirements for the device.
Thus, it 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 invention pertains to modify the distance between the plurality of first patterns (or the plurality of second patterns) disclosed by Chen, so that the distance between the plurality of first patterns and the distance between the plurality of second patterns, in the second direction, is same, in order to order to meet specific design requirements for the device.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
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.
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/A.B.C/Examiner, Art Unit 2893
/SUE A PURVIS/Supervisory Patent Examiner, Art Unit 2893
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