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 23 and 29 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of copending Application No. 18720554 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because.
Current application
Copending Application No. 18720554
A rotating shaft assembly, comprising:
a shaft sleeve, a second shaft, and a flexible circuit board, wherein: the shaft sleeve comprises an inner cavity; a channel is formed on the second shaft,
a first part of the second shaft is located in the inner cavity and is rotatably connected to the shaft sleeve, and a second part of the second shaft is located outside the inner cavity; and the flexible circuit board comprises a first electrical connection end, a mounting part, and a second electrical connection end, the mounting part is located between the first electrical connection end and the second electrical connection end, both the first electrical connection end and the second electrical connection end are located outside the inner cavity, the mounting part comprises a wound part and a laminated part that are connected,
the wound part is wound around the first part of the second shaft,
the laminated part is in a folded state, and at least a part of the laminated part is accommodated in the channel of the second shaft.
14. The wearable device according to claim 1, wherein: the rotating shaft assembly comprises
the shaft sleeve, a second shaft, and a flexible circuit board; the shaft sleeve has the inner cavity; a channel is formed on the second shaft in an axial direction of the second shaft, one part of the second shaft is located in the inner cavity and is rotatably connected to the shaft sleeve, and the other part of the second shaft is located outside the inner cavity; the flexible circuit board comprises a first electrical connection end, a mounting part, and a second connection end; the mounting part is located between the first electrical connection end and the second electrical connection end;
the mounting part comprises a wound part and a laminated part that are connected to each other; and when the flexible circuit board is mounted on the second shaft, both the first electrical connection end and the second electrical connection end are located outside the inner cavity,
the wound part is wound around a part that is of the second shaft and that is located in the inner cavity,
the laminated part is in a folded state, and at least one part of the laminated part is accommodated in the channel of the second shaft;
[the first part has a first host circuit board assembly, the first host circuit board assembly is electrically connected to the first electrical connection end, the second part has a second host circuit board assembly, and the second host circuit board assembly is electrically connected to the second electrical connection end; and the first part is fixedly connected to the outer side of the shaft sleeve, the second part is fixedly connected to a part that is of the second shaft and that is located outside the inner cavity, and the first part can rotate relative to the second part by using the rotating shaft assembly].
Regarding claim 29, copending Application No. 18720554 discloses the rotating shaft assembly according to claim 23, wherein: the flexible circuit board comprises a grounding portion (inherent grounding portion of the circuit board), and the grounding portion is configured to be grounded.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 28 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of copending Application No. 18720554 in view of Abe US 20220035411.
Regarding claim 28, copending Application No. 18720554 discloses the rotating shaft assembly according to claim 23.
copending Application No. 18720554 does not explicitly disclose wherein: the flexible circuit board comprises a protective layer, and the protective layer is attached to a surface of the laminated part.
However, Abe US 20220035411 discloses (in Fig. 2) a flexible circuit board (F1) comprises a protective layer (PR1), and the protective layer is attached to a surface of the flexible circuit board.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have the flexible circuit board comprises a protective layer, and the protective layer is attached to a surface of the laminated part, as taught by Abe, in order to protect the flexible circuit board.
This is a provisional nonstatutory double patenting rejection.
Allowable Subject Matter
Claims 35-52 are allowed.
The following is an examiner’s statement of reasons for allowance:
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boyle US 4986763 Fig. 11-12; Takagi US 20050035912 Fig. 23; Paulsel US 6266238 Fig. 2a-3 disclose a rotating shaft assembly with a flexible circuit board and a wound part.
Regarding claim 35, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in the claim, a combination of limitations that “the mounting part comprises a wound part and a laminated part that are connected,
the wound part is wound around the first part of the second shaft,
the laminated part is in a folded state, and at least a part of the laminated part is accommodated in the channel of the second shaft;
the first part of the electronic device is fixedly connected to an outer side of the shaft sleeve,
the second part of the electronic device is fixedly connected to the second part of the second shaft, and
the first part of the electronic device is capable of rotating relative to the second part of the electronic device by using the rotating shaft assembly, and is opened relative to the second part of the electronic device to open the electronic device or is closed with the second part of the electronic device to close the electronic device; and
the first part of the electronic device has a first host circuit board assembly,
the second part of the electronic device has a second host circuit board assembly,
a third electrical connection end is electrically connected to the first host circuit board assembly, and
a fourth electrical connection end is electrically connected to the second host circuit board assembly”.
None of the reference art of record discloses or renders obvious such a combination.
Claims 36-52 depending from claim 35 are therefore allowable.
Claims 24-27 and 30-34 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:
Regarding claim 24, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claim 23, a combination of limitations that “wherein: a joint between the wound part and the laminated part is fastened to the second shaft.”.
None of the reference art of record discloses or renders obvious such a combination.
Regarding claim 25, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claim 23, a combination of limitations that “wherein: the flexible circuit board comprises a separation bracket, and the separation bracket is fastened between folded layers of the laminated part”.
None of the reference art of record discloses or renders obvious such a combination.
Regarding claim 26, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claim 23, a combination of limitations that “wherein: the inner cavity of the shaft sleeve comprises an opening that communicates with outside;
the rotating shaft assembly comprises a clamping member, the clamping member is provided with a clamping gap, the clamping member is fastened on an outer side of the shaft sleeve and blocks at least a part of an area of the opening of the inner cavity, and the clamping gap communicates with the inner cavity; and
the flexible circuit board comprises a connection part, the connection part connects the first electrical connection end and the wound part, and the connection part passes through the opening of the inner cavity and the clamping gap”.
None of the reference art of record discloses or renders obvious such a combination.
Claim 27 depending from claim 26 would therefore also be allowable.
Regarding claim 30, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claim 23, a combination of limitations that “wherein: the rotating shaft assembly further comprises a driven member, an elastic member, and a first shaft; the driven member includes a shaft matching surface and a through hole, the through hole of the driven member penetrates the shaft matching surface, the driven member is located in the inner cavity, the driven member is capable of sliding along a surface of the inner cavity, and the driving member is not capable of rotating relative to the shaft sleeve; the elastic member is located in the inner cavity and presses against a surface of the driven member, and the surface of the driven member is away from the shaft matching surface; the first shaft and the second shaft are respectively located at two opposite ends of the shaft sleeve; a first part of the first shaft is located in the inner cavity and is rotatably connected to the shaft sleeve; the first part of the first shaft passes through the through hole of the driven member, and matches the shaft matching surface of the driven member to form a cam mechanism; and a second part of the first shaft is located outside the inner cavity; and the shaft sleeve is capable of rotating around the first shaft and the second shaft, and a rotation stroke of the shaft sleeve comprises a first stroke segment, a second stroke segment, and a third stroke segment, wherein: in the first stroke segment, the driven member is capable of being driven by a rebound force of the elastic member to move along the first shaft, and the driven member is capable of rotating around the first shaft under a joint action of the cam mechanism and the elastic member, to drive the shaft sleeve to rotate around the first shaft and the second shaft; in the second stroke segment, the shaft sleeve is capable of being driven by an external force to rotate around the first shaft and the second shaft, to drive the driven member to rotate around the first shaft; and in the third stroke segment, the driven member is capable of being driven by the rebound force of the elastic member to move along the first shaft, and the driven member is capable of rotating around the first shaft under the joint action of the cam mechanism and the elastic member, to drive the shaft sleeve to rotate around the first shaft and the second shaft”.
None of the reference art of record discloses or renders obvious such a combination.
Claim 31-34 depending from claim 30 would therefore also be allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boyle US 4986763 Fig. 11-12; Takagi US 20050035912 Fig. 23; Paulsel US 6266238 Fig. 2a-3 disclose a rotating shaft assembly with a flexible circuit board and a wound part.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER L AUGUSTIN whose telephone number is (571)270-7659. The examiner can normally be reached Monday - Friday 8 am - 3 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen L Parker can be reached at 303-297-4722. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER L AUGUSTIN/Examiner, Art Unit 2841
/JAMES WU/Primary Examiner, Art Unit 2841