DETAILED ACTION
This Office Action is in response to Applicant’s application 18/766,026 filed on July 8, 2024 in which claims 1 to 9 are pending.
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 .
Drawings
The drawings submitted on July 8, 2024 have been reviewed and accepted by the Examiner.
Information Disclosure Statement
The Information Disclosure Statements (IDS), filed on July 8, 2024, May 19, 2025 and March 10, 20206 aew in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosed therein has been considered by the Examiner.
Priority
Receipt is acknowledged of paper submitted under 35 U.S.C. 119(a)-(d) or under 35 U.S.C. 120, 121, 365(c), or 386(c) which has been placed of record in the file.
Notation
References to patents will be in the form of [C:L] where C is the column number and L is the line number. References to pre-grant patent publications will be to the paragraph number in the form of [xxxx].
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 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. U.S. 12,035,610 (‘610). Although the claims at issue are not identical, they are not patentably distinct from each other as discussed below.
Table 1 Comparison of Pending Claims to ‘610 Claims
Pending Claim
‘610 Claim
1. A foldable display device comprising:
a flexible display module comprising:
a foldable area comprising:
a first area;
a second area spaced apart from the first area and disposed in at least two sides of the first area; and
a third area disposed between the first area and the second area; and a non-foldable area disposed in at least two sides of the foldable area; and
a first plate disposed under the flexible display module, wherein the first plate comprises a plurality of grooves overlapping the second area and penetrating the first plate,
the first plate overlapping the third area does not comprise grooves,
in case that the flexible display module is folded, the flexible display module has a first curvature radius in the first area, and has a second curvature radius in the second area, and the second curvature radius is greater than the first curvature radius.
1. A foldable display device comprising:
a flexible display module comprising:
a foldable area comprising:
a first area;
a second area spaced apart from the first area and disposed in at least two sides of the first area; and
a third area disposed between the first area and the second area; and a non-foldable area disposed in at least two sides of the foldable area; and
a first plate disposed under the flexible display module, wherein the first plate comprises a plurality of grooves overlapping the second area and penetrating the first plate,
the first plate overlapping the first area does not comprise grooves, and
the first plate overlapping the third area does not comprise grooves.
2. The foldable display device of claim 1, wherein
in case that the flexible display module is folded, the flexible display module has a first curvature radius in the first area, and has a second curvature radius in the second area, and the second curvature radius is greater than the first curvature radius.
2. The foldable display device of claim 1, wherein in case that the flexible display module is folded, a curvature center of the flexible display module in the second area is disposed on a non-display surface of the flexible display module, and a curvature center of the flexible display module in the first area is disposed on a display surface of the flexible display module.
3. The foldable display device of claim 1, wherein in case that the flexible display module is folded, a curvature center of the flexible display module in the second area is disposed on a non-display surface of the flexible display module, and a curvature center of the flexible display module in the first area is disposed on a display surface of the flexible display module.
3. The foldable display device of claim 1, further comprising: a protection layer disposed under the first plate and overlapping the second area.
4. The foldable display device of claim 1, further comprising: a protection layer disposed under the first plate and overlapping the second area.
4. The foldable display device of claim 1, further comprising: a second plate disposed under the first plate and overlapping each of the non-foldable area and the third area.
5. The foldable display device of claim 1, further comprising: a second plate disposed under the first plate and overlapping each of the non-foldable area and the third area.
5. The foldable display device of claim 4, wherein a rigidity of the second plate is greater than a rigidity of the first plate.
6. The foldable display device of claim 5, wherein a rigidity of the second plate is greater than a rigidity of the first plate.
6. A foldable display device comprising:
a flexible display module comprising:
a foldable area comprising:
a first area;
a second area spaced apart from the first area and disposed in at least two sides of the first area; and
a third area disposed between the first area and the second area; and
a non-foldable area disposed in at least two sides of the foldable area; and
a first plate disposed under the flexible display module, wherein the first plate comprises a plurality of grooves overlapping the second area and not penetrating the first plate,
the first plate overlapping the third area does not comprise grooves,
in case that the foldable display device is folded, the flexible display module has a first curvature radius in the first area and has a second curvature radius in the second area, and the second curvature radius is greater than the first curvature radius.
7. A foldable display device comprising:
a flexible display module comprising:
a foldable area comprising:
a first area;
a second area spaced apart from the first area and disposed in at least two sides of the first area; and
a third area disposed between the first area and the second area; and
a non-foldable area disposed in at least two sides of the foldable area; and
a first plate disposed under the flexible display module, wherein the first plate comprises a plurality of grooves overlapping the second area and not penetrating the first plate,
the first plate overlapping the first area does not comprise grooves, and
the first plate overlapping the third area does not comprise grooves.
8. The foldable display device of claim 7, wherein
in case that the foldable display device is folded, the flexible display module has a first curvature radius in the first area and has a second curvature radius in the second area, and the second curvature radius is greater than the first curvature radius.
7. The foldable display device of claim 6, wherein a thickness of each of the plurality of grooves not penetrating the first plate compared to a thickness of the first plate is about 40% or greater and about 60% or less.
9. The foldable display device of claim 7, wherein a thickness of each of the plurality of grooves not penetrating the first plate compared to a thickness of the first plate is about 40% or greater and about 60% or less.
8. The foldable display device of claim 6, further comprising: a second plate disposed under the first plate and overlapping each of the non-foldable area and the third area.
10. The foldable display device of claim 7, further comprising: a second plate disposed under the first plate and overlapping each of the non-foldable area and the third area.
9. The foldable display device of claim 8, wherein a rigidity of the second plate is greater than a rigidity of the first plate.
11. The foldable display device of claim 10, wherein a rigidity of the second plate is greater than a rigidity of the first plate.
Regarding claim 1 and referring to Table 1 it appears the subject matter of pending claim 1 is described in claims 1 and 2 of the ‘610 patent. Furthermore, the omission of an element is a species of obviousness in the case where the element is not desired, see MPEP 2144. Omission of the first plate overlapping the first area does not comprise grooves would desirably improve the alignment procedure of the first plate to the first area.
Regarding claims 2-5, this subject matter appears to be recited in claims 3-6 of the ‘610 Patent.
Regarding claim 6 and referring to Table 1 it appears the subject matter of pending claim 6 is described in claims 7 and 8 of the ‘610 patent. Furthermore, the omission of an element is a species of obviousness in the case where the element is not desired, see MPEP 2144. Omission of the first plate overlapping the first area does not comprise grooves would desirably improve the alignment procedure of the first plate to the first area.
Regarding claim 7-9, this subject matter appears to be recited in claims 9-11 of the ‘610 Patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joe Schoenholtz whose telephone number is (571)270-5475. The examiner can normally be reached M-Thur 7 AM to 7 PM PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ms. Yara Green can be reached at (571) 272-3035. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.E. Schoenholtz/Primary Examiner, Art Unit 2893