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 Objections
Claim 1 is objected to because of the following informalities: the claim recites the limitation "a first pattern portion" twice. See the underlined section of the 102 rejection that follows. The Examiner believes this is a typographical error. Claims 2-9 depend, either directly or indirectly, from claim 1 and are therefore objected to for at least the same reasons. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 10-15 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Pat. Appl. Publ. No. 2023/0111654 to LI et al. (i.e., Ref. 1 hereafter).
Referring to claim 1, Ref. 1 discloses an elastic member (flexible support plate, Figs. 3) foldable based on a folding axis (i.e., through the center portion 21, Figs. 3 and 17), the elastic member comprising:
wherein the elastic member is defined in a first direction (along the “y” direction of Fig. 3) corresponding to the folding axis and a second direction (along the “x” direction of Fig. 3) perpendicular to the first direction;
wherein the elastic member includes a first pattern portion (center area of Fig. 3) including a plurality of patterns (“through holes 3”), wherein the pattern potion (sic) includes:
a first pattern portion (longer rectangle portions near center of 21) located closest to the folding axis and including a plurality of first patterns (3) spaced apart from each other along the first direction;
a second pattern portion (smaller rectangle portions in the base of triangle portions at the edges of 21) located farther from the folding axis than the first pattern portion and including a plurality of second patterns spaced apart from each other along the first direction, Fig. 3); and
a third pattern portion (small square portions, adjacent 221, located farther from the folding axis than the first and second pattern portions and including a plurality of third patterns spaced apart from each other along the first direction;
wherein a length of the first pattern (i.e., longer rectangle portion near center) in the first direction (i.e., along the “y” direction) is greater than each of lengths of the second pattern (i.e., smaller rectangle portions) and the third pattern (i.e., small square portions) in the first direction, and
wherein the length of the second pattern (i.e., smaller rectangle portions) in the first direction is greater than the length of the third pattern (i.e., small square portions) in the first direction.
Referring to claim 2, Ref. 1 discloses the elastic member of claim 1, wherein a width of the first pattern in the second direction is equal to at least one of a width of the second pattern in the second direction and a width of the third pattern in the second direction. See Fig. 3.
Referring to claim 3, Ref. 1 discloses the elastic member of claim 1, wherein a distance between the first pattern and the second pattern in the second direction is the same as a distance between the second pattern and the third pattern in the second direction. See Fig. 3.
Referring to claim 4, Ref. 1 discloses the elastic member of claim 3, wherein the elastic member includes a first side surface (front) and a second side surface (rear) located in the first direction, and
wherein a hinge portion (not numbered) is spaced apart from a first outer pattern of the first patterns closest to the first side surface in the first direction and is connected to the first side surface. See Fig. 17.
Referring to claim 5, Ref. 1 discloses the elastic member of claim 4, wherein a length of the hinge portion in the first direction is greater than or equal to the length of the second pattern and the third pattern in the first direction. Figs. 3 and 14.
Referring to claim 6, Ref. 1 discloses the elastic member of claim 5, wherein the length of the third pattern in the first direction is smaller than the length of the hinge portion in the first direction. Figs. 3 and 16.
Referring to claim 10, Ref. 1 discloses an elastic member (Fig. 3) foldable based on a folding axis (center portion 21, see Figs. 3 and 17), the elastic member comprising:
wherein the elastic member is defined in a first direction (along the “y” direction of Fig. 3) corresponding to the folding axis and a second direction (along the “x” direction of Fig. 3) perpendicular to the first direction,
wherein the elastic member includes a pattern portion (openings 3) including a plurality of patterns,
wherein the pattern portion includes:
a first pattern portion (longer rectangle portions near center of 21) located closest to the folding axis and including a plurality of first patterns (3) spaced apart from each other along the first direction;
a second pattern portion (smaller rectangle portions in the base of triangle portions at the edges of 21) located farther from the folding axis than the first pattern portion and including a plurality of second patterns spaced apart from each other along the first direction, Fig. 3); and
a third pattern portion (small square portions, adjacent 221, located farther from the folding axis than the first and second pattern portions and including a plurality of third patterns spaced apart from each other along the first direction;
wherein sizes of the first pattern, the second pattern, and the third pattern are different from each other (Fig. 3),
wherein a distance between the first pattern and the second pattern in the second direction is the same as the distance between the second pattern and the third pattern in the second direction (Fig. 3).
Referring to claim 11, Ref. 1 discloses the elastic member of claim 10, wherein a length of the first pattern in the first direction is greater than each of lengths of the second pattern and the third pattern in the first direction, and
wherein the length of the second pattern in the first direction is greater than the length of the third pattern in the first direction. See Fig. 3.
Referring to claim 12, Ref. 1 discloses the elastic member of claim 10, wherein a width of the first pattern in the second direction is equal to at least one of the width of the second pattern in the second direction and the width of the third pattern in the second direction (i.e., all patterns have the same width).
Referring to claim 13, Ref. 1 discloses the elastic member of claim 10, wherein the elastic member includes a first side surface (front) and a second side surface (rear) located in the first direction, and
wherein a hinge portion (not numbered) is spaced apart from a first outer pattern of the first patterns closest to the first side surface in the first direction and is connected to the first side surface. See Fig. 17.
Referring to claim 14, Ref. 1 discloses the elastic member of claim 4, wherein a length of the hinge portion in the first direction is greater than or equal to the length of the second pattern and the third pattern in the first direction. Figs. 3 and 14.
Referring to claim 15, Ref. 1 discloses the elastic member of claim 5, wherein the length of the third pattern in the first direction is smaller than the length of the hinge portion in the first direction. Figs. 3 and 16.
Referring to claim 19, Ref. 1 an elastic member foldable based on a folding axis, the elastic member comprising:
wherein the elastic member is defined in a first direction (along the “y” direction of Fig. 3) corresponding to the folding axis and a second direction (along the “x” direction of Fig. 3) perpendicular to the first direction;
wherein the elastic member includes a first pattern portion (center area of Fig. 3) including a plurality of patterns (“through holes 3”);
wherein the pattern potion (sic) includes:
a first pattern portion (longer rectangle portions near center of 21) located closest to the folding axis and including a plurality of first patterns (3) spaced apart from each other along the first direction;
a second pattern portion (smaller rectangle portions in the base of triangle portions at the edges of 21) located farther from the folding axis than the first pattern portion and including a plurality of second patterns spaced apart from each other along the first direction, Fig. 3); and
a third pattern portion (small square portions, adjacent 221, located farther from the folding axis than the first and second pattern portions and including a plurality of third patterns spaced apart from each other along the first direction;
wherein a length of the first pattern (i.e., longer rectangle portion near center) in the first direction (i.e., along the “y” direction) is greater than each of lengths of the second pattern (i.e., smaller rectangle portions) and the third pattern (i.e., small square portions) in the first direction, and
wherein the length of the second pattern (i.e., smaller rectangle portions) in the first direction is greater than the length of the third pattern (i.e., small square portions) in the first direction,
wherein a width of the first pattern in the second direction is equal to at least one of a width of the second pattern in the second direction and a width of the third pattern in the second direction,
wherein a distance between the first pattern and the second pattern in the second direction is the same as a distance between the second pattern and the third pattern in the second direction. See Fig. 3.
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.
Claims 7, 8, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ref. 1, since a 1-1 pattern portion and a 1-2 pattern portion arranged to face each other in the second direction with the folding axis in therebetween, and the 1-1 pattern portion includes a plurality of 1-1 patterns arranged and spaced apart from each other along the first direction, relate to a change in shape of the patterns in the elastic member.
It has been held, however, that a change in shape is a matter of design choice which a person having ordinary skill in the art would have found obvious, absent persuasive evidence that the particular configuration was patentably significant. See In re Dailey, 357 F.2d 669, 149 USPQ47 (CCPA 1966).
As such, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to modify the device of Ref. 1 to include the as-claimed pattern portions, since this would allow for a desired pattern arrangement based on the needs of the end-user.
Allowable Subject Matter
Claims 9 and 18 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. The following is a statement of reasons for the indication of allowable subject matter: the specific limitations of “the second pattern includes a second outer pattern closest to the first side surface, wherein the third pattern includes a third outer pattern closest to the first side surface, wherein a distance from the first side surface to the first outer pattern in the first direction is smaller than a distance from the first side surface to the second outer pattern and the third outer pattern in the first direction, and wherein a distance from the first side surface to the second outer pattern in the first direction is smaller than a distance from the first side surface to the third outer pattern in the first direction, in combination with the remaining elements, are not taught or suggested in the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY Q EDWARDS whose telephone number is (571)272-2042. The examiner can normally be reached Monday-Friday, 8:30am-5:00pm.
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/Anthony Q Edwards/Primary Examiner, Art Unit 2841
March 2, 2026