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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/05/2025; 07/02/2025; 05/29/2025; 04/23/2025 and 06/30/2024 was filed after the mailing date of the application on 06/30/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,047,721 B2 in view of Noh et al. US 12,047,721 B2 does not disclose the limitation “wherein a size of the pad member is smaller than a size of the vibration apparatus, and the pad member is connected to the rear surface of the vibration apparatus”. However Noh et al disclose the limitation “wherein a size of the pad member is smaller than a size of the vibration apparatus, and the pad member is connected to the rear surface of the vibration apparatus”. It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the size of the pad member taught by Noh in the device taught by US 12,047,721 B2. The motivation to do so would have been to improve the accuracy of the vibration signal generation.
US 12,047,721 B2
claim 1, a display apparatus, comprising:
a display panel configured to display an image;
a vibration apparatus at a rear surface of the display panel and configured to vibrate the display panel;
a supporting member at a rear surface of the vibration apparatus; and
a pad member between the vibration apparatus and the supporting member,
wherein a size of the pad member is smaller than a size of the vibration apparatus, and the pad member is connected to the rear surface of the vibration apparatus.
1. An apparatus, comprising: a display panel configured to display an image; a vibration apparatus disposed at a rear surface of the display panel and configured to vibrate the display panel, the vibration apparatus including: a plurality of vibration generators stacked on each other; and an adhesive member between the plurality of vibration generators; a supporting member at the rear surface of the display panel; and at least one pad member between the vibration apparatus and the supporting member, wherein the plurality of vibration generators and the adhesive member are disposed between the display panel and the at least one pad member, wherein each of the plurality of vibration generators comprises: a plurality of organic material portions having a ductile characteristic; and a plurality of inorganic material portions between the plurality of organic material portions and having a piezoelectric characteristic, the plurality of organic material portions and the plurality of inorganic material portions being arranged and connected to one another along a same plane, and wherein the at least one pad member partially overlaps at least one of the plurality of vibration generators without entirely overlapping the at least one of the plurality of vibration generators in a plan view.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “vibration apparatus configured to…” in claim 1-21.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noh et al (US 2020/0043991 A1).
Regarding claim 1, Noh et al disclose a display apparatus, comprising: a display panel configured to display an image (Noh et al; Fig 16; display 210); a vibration apparatus at a rear surface of the display panel and configured to vibrate the display panel (Noh et al; Fig 16; vibration apparatus 1650 at rear surface of display panel 210); a supporting member at a rear surface of the vibration apparatus (Noh et al; Fig 16; supporting member 230 at rear surface of vibration apparatus 1650); and a pad member between the vibration apparatus and the supporting member (Noh et al; Fig 16; pad member 530 between vibration apparatus 1650 and supporting member 530), wherein a size of the pad member is smaller than a size of the vibration apparatus (Noh et al; Fig 16; size of pad member 530 is smaller than size of the vibration apparatus 1650), and the pad member is connected to the rear surface of the vibration apparatus (Noh et al; Fig 16; pad member 530 is connected to the rear surface of the vibration apparatus 1650).
Regarding claim 2, Noh et al disclose the display apparatus of claim 1, wherein the pad member is connected to a center portion of the vibration apparatus (Noh et al; Fig 16; pad member 530 is connected to a center portion of the vibration apparatus 1650).
Regarding claim 3, Noh et al disclose the display apparatus of claim 1, wherein the pad member is fixed between the vibration apparatus and the supporting member (Noh et al; Fig 16; pad member 530 is fixed between the vibration apparatus 1650 and supporting member 230).
Regarding claim 4, Noh et al disclose the display apparatus of claim 1, wherein the pad member contacts the supporting member (Noh et al; Fig 16; pad member 530 contacts supporting member 230).
Regarding claim 5, Noh et al disclose the display apparatus of claim 1, wherein the pad member overlaps with the vibration apparatus (Noh et al; Fig 16; pad member 530 overlaps with vibration apparatus 1650).
Regarding claim 6, Noh et al disclose the display apparatus of claim 1, wherein the pad member comprises a material for absorbing vibration (Noh et al; Fig 15; pad 530 Para [0137]).
Regarding claim 7, Noh et al disclose the display apparatus of claim 1, wherein the pad member comprises an adhesive (Noh et al; Para [0137]; coupling member 530 interpreted as pad member comprises adhesive).
Regarding claim 8, Noh et al disclose the display apparatus of claim 1, wherein the pad member comprises one or more of a silicone-based polymer, polyolefin, paraffin wax, and an acrylic polymer (Noh et al; Para [0116]).
Regarding claim 19, Noh et al disclose the display apparatus of claim 1, further comprising: a plate between the rear surface of the display panel and the vibration apparatus (Noh et al; Fig 16; Para [0075]; layer 260 interpreted as plate between display 210 and vibration apparatus 750); and a connection member disposed between the display panel and the vibration apparatus (Noh et al; Para [0075]; adhesive attach plate 260 to vibration apparatus 750), wherein the connection member is disposed between the plate and the vibration apparatus (Noh et al; Para [0075]; adhesive layer between plate 260 to vibration apparatus 750 interpreted as connection member).
Regarding claim 20, Noh et al disclose the display apparatus of claim 19, wherein a size of the plate is smaller than or equal to a size of the vibration apparatus (Noh et al; Fig 16; Para [0075]; size of layer 260 is smaller than vibration apparatus 750).
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) 9, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noh et al (US 2020/0043991 A1) in view of Shin et al (US 2019/0182573 A1).
Regarding claim 9, Noh et al disclose the display apparatus of claim 1, but do not expressly disclose further comprising: an adhesive between the pad member and the vibration apparatus; and/or another adhesive between the pad member and the supporting member. However, in the same field of endeavor, Kim et al disclose a device further comprising: an adhesive between the pad member and the vibration apparatus; and/or another adhesive between the pad member and the supporting member (Shin et al; Para [0052]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the vibration apparatus taught by Kim et al as vibration apparatus in the device taught by Noh. The motivation to do so would have been to vibrate stably, thereby improve a sound pressure level and a sound quality of a low-pitched sound band (Shin et al; Para [0063]).
Regarding claim 21, Noh et al disclose the display apparatus of claim 19, but do not expressly disclose wherein the plate comprises a metal material, or comprises single nonmetal materials or composite nonmetal materials of one or more among wood, plastic, glass, cloth, paper, and leather. However, in the same field of endeavor, Kim et al disclose a device wherein the plate comprises a metal material, or comprises single nonmetal materials or composite nonmetal materials of one or more among wood, plastic, glass, cloth, paper, and leather (Shin et al; Para [0087]-[0089]; cover plate between vibration apparatus and display comprises metal). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the vibration apparatus taught by Kim et al as vibration apparatus in the device taught by Noh. The motivation to do so would have been to vibrate stably, thereby improve a sound pressure level and a sound quality of a low-pitched sound band (Shin et al; Para [0063]).
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noh et al (US 2020/0043991 A1) in view of Kim et al (US 2015/0270476 A1).
Regarding claim 10, Noh et al disclose the display apparatus of claim 1, but do not expressly disclose wherein: the vibration apparatus comprises: a vibration structure including a piezoelectric material; a first protection member disposed at a first surface of the vibration structure; and a second protection member disposed at a second surface of the vibration structure opposite to the first surface of the vibration structure; and the pad member is connected to one of the first protection member and the second protection member. However, in the same field of endeavor, Kim et al disclose a device wherein: the vibration apparatus comprises: a vibration structure including a piezoelectric material (Kim et al; Fig 1; piezo 110; Para [0048]); a first protection member disposed at a first surface of the vibration structure (Kim et al; Fig 1; upper layer 130; Para [0048]); and a second protection member disposed at a second surface of the vibration structure opposite to the first surface of the vibration structure (Kim et al; Fig 1; lower layer 130; Para [0048]); and the pad member is connected to one of the first protection member and the second protection member (Kim et al; Fig 1; pad member 12; Para [0048]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the vibration apparatus taught by Kim et al as vibration apparatus in the device taught by Noh. The motivation to do so would have been to inhibit a crack from spreading in the cover layers (Kim et al; Para [0011]).
Regarding claim 11, Noh et al in view of Kim et al disclose the display apparatus of claim 10, but do not expressly disclose wherein: the vibration apparatus further comprises an adhesive layer configured between the first protection member and the second protection member; and the vibration structure is configured to be surrounded by the adhesive layer. However, in the same field of endeavor, Kim et al disclose a device wherein: the vibration apparatus further comprises an adhesive layer configured between the first protection member and the second protection member (Kim et al; Fig 1; layer 140; Para [0048]); and the vibration structure is configured to be surrounded by the adhesive layer (Kim et al; Fig 1; Para [0056]-[0058]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the vibration apparatus taught by Kim et al as vibration apparatus in the device taught by Noh. The motivation to do so would have been to inhibit a crack from spreading in the cover layers (Kim et al; Para [0011]).
Regarding claim 12, Noh et al and further in view of Kim et al disclose the display apparatus of claim 11, but do not expressly disclose wherein the adhesive layer comprises: a first adhesive layer disposed between the vibration structure and the first protection member; and a second adhesive layer disposed between the vibration structure and the second protection member. However, in the same field of endeavor, Kim et al disclose a device wherein the adhesive layer comprises: a first adhesive layer disposed between the vibration structure and the first protection member (Kim et al; Fig 1; layer 140; Para [0048]); and a second adhesive layer disposed between the vibration structure and the second protection member (Kim et al; Fig 1; Para [0063]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the vibration apparatus taught by Kim et al as vibration apparatus in the device taught by Noh. The motivation to do so would have been to inhibit a crack from spreading in the cover layers (Kim et al; Para [0011]).
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noh et al (US 2020/0043991 A1) in view of Kim et al (US 2015/0270476 A1) and further in view of Heilemann et al (US 2020/0196082 A1).
Regarding claim 13, Noh et al in view of Kim et al disclose the display apparatus of claim 12, but do not expressly disclose wherein the first adhesive layer and the second adhesive layer are coupled to each other between the first protection member and the second protection member to surround the vibration structure. However, in the same field of endeavor, Heilemann et al disclose a device wherein the first adhesive layer and the second adhesive layer are coupled to each other between the first protection member and the second protection member to surround the vibration structure (Heilemann et al; Para [0116]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the vibration apparatus taught by Heilemann et al as vibration apparatus in the device taught by Noh. The motivation to do so would have been to enable selective excitation of different panel mechanical modes (Heilemann et al; Para [0007]).
Regarding claim 14, Noh et al and further in view of Kim et al disclose the display apparatus of claim 12, but do not expressly disclose wherein: the vibration structure comprises: a vibration portion including the piezoelectric material; a first electrode portion disposed at a first surface of the vibration portion; and a second electrode portion disposed at a second surface opposite to the first surface of the vibration portion; the first adhesive layer is between the first protection member and the first electrode portion; and the second adhesive layer is between the second protection member and the first electrode portion. However, in the same field of endeavor, Heilemann et al disclose a device wherein: the vibration structure comprises: a vibration portion including the piezoelectric material (Heilemann et al; Fig 16; PDVF layer); a first electrode portion disposed at a first surface of the vibration portion (Heilemann et al; Fig 16; drive electrodes); and a second electrode portion disposed at a second surface opposite to the first surface of the vibration portion (Heilemann et al; Para [0116]); the first adhesive layer is between the first protection member and the first electrode portion (Heilemann et al; Fig 16; adhesive between shield2 and electrodes); and the second adhesive layer is between the second protection member and the first electrode portion (Heilemann et al; Para [0116] adhesive between shield1 and electrodes on other side of PVDF). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the vibration apparatus taught by Heilemann et al as vibration apparatus in the device taught by Noh. The motivation to do so would have been to enable selective excitation of different panel mechanical modes (Heilemann et al; Para [0007]).
Regarding claim 15, Noh et al and further in view of Kim et al and further in view of Heilemann et al disclose the display apparatus of claim 14, but do not expressly disclose wherein: the vibration apparatus further comprises: a first vibration driving line connected to the first electrode portion; and a second vibration driving line parallel to the first vibration driving line and connected to the first electrode portion; and the pad member overlaps a portion of the first vibration driving line and the second vibration driving line. However, in the same field of endeavor, Kim et al disclose a device wherein: the vibration apparatus further comprises: a first vibration driving line connected to the first electrode portion (Kim et al; Fig 1; left driving line 124); and a second vibration driving line parallel to the first vibration driving line and connected to the first electrode portion (Kim et al; Fig 1; right driving line 124); and the pad member overlaps a portion of the first vibration driving line and the second vibration driving line (Kim et al; Fig 1; pad member 12 overlaps a portion of lines 124). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the vibration apparatus taught by Kim et al as vibration apparatus in the device taught by Noh. The motivation to do so would have been to inhibit a crack from spreading in the cover layers (Kim et al; Para [0011]).
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noh et al (US 2020/0043991 A1) in view of Yu et al (US 2019/0132963 A1).
Regarding claim 16, Noh et al disclose the display apparatus of claim 1, wherein the supporting member comprises: a first layer (Noh et al; Fig 7; layer 530 of supporting member 280); a second layer (Noh et al; Fig 7; layer 520 of supporting member 280); and a core layer between the first layer and the second layer (Noh et al; Fig 7; layer 510 of supporting member 280), but do not expressly disclose a first metal layer; a second metal layer; a core layer between the first metal layer and the second metal layer and the core layer including a plastic material. However, in the same field of endeavor, Yu et al disclose a device comprising a first metal layer (Yu et al; Para [0047]-[0048]); a second metal layer (Yu et al; Para [0047]-[0048]); a core layer between the first metal layer and the second metal layer and the core layer including a plastic material (Yu et al; Para [0047]-[0048). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the member taught by Yu et al as member in the device taught by Noh. The motivation to do so would have been to avoid the damages of various circuit components (Yu et al; Para [0059]).
Regarding claim 17, Noh et al in view of Yu et al disclose the display apparatus of claim 16, but do not expressly disclose wherein the core layer includes polyethylene, polypropylene, or a mixed material of magnesium hydroxide (Mg(OH)2), ethylene vinylacetate, and polyethylene. However, in the same field of endeavor, Yu et al disclose a device wherein the core layer includes polyethylene, polypropylene, or a mixed material of magnesium hydroxide (Mg(OH)2), ethylene vinylacetate, and polyethylene (Yu et al; Para [0048]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the member taught by Yu et al as member in the device taught by Noh. The motivation to do so would have been to avoid the damages of various circuit components (Yu et al; Para [0059]).
Regarding claim 18, Noh et al in view of Yu et al disclose the display apparatus of claim 16, but do not expressly disclose wherein the supporting member further comprises an adhesive layer between the first metal layer and the core layer or between the core layer and the second metal layer. However, in the same field of endeavor, Yu et al disclose a device wherein the supporting member further comprises an adhesive layer between the first metal layer (Yu et al; Para [0047]-[0048) and the core layer or between the core layer and the second metal layer (Yu et al; Para [0047]-[0048). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the member taught by Yu et al as member in the device taught by Noh. The motivation to do so would have been to avoid the damages of various circuit components (Yu et al; Para [0059]).
Conclusion
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/KUASSI A GANMAVO/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692