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 .
Election/Restrictions
Applicant's election with traverse of claims 1-10 and 15-18 in the reply filed on 5/5/2026 is acknowledged. The traversal is on the ground(s) that no additional search or examination burden exists for specie 2 and specie 3. This is not found persuasive because: clearly, species 2-3 shown in figures 8A-B and 9A-B are structurally different from specie 1, thus would require additional search strategy.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a first portion at least partially overlapping, in the first direction, with the first surface of the first structure, and a second portion extending from the first portion and at least partially overlapping, in the first direction, with the second surface of the second structure” (in claim 1) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Note: according to figure 3, a first portion at least partially overlapping, in the first direction, with the first surface of the second structure (332) (not overlapping the first structure 331, as claimed), and a second portion extending from the first portion and at least partially overlapping, in the first direction, with the second surface of the first structure (331) (not overlapping the second structure 332).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Current Application:
1. An electronic device comprising:
a housing;
a first structure disposed in the housing and including a first surface facing a first direction, the first surface forming a first height of the first structure in the first direction;
a second structure disposed in the housing and including a second surface facing the first direction, the second surface forming a second height of the second structure that is different from the first height in first direction;
a thermally conductive layer disposed in the housing and comprising:
a first portion at least partially overlapping, in the first direction, with the first surface of the first structure, and a second portion extending from the first portion and at least partially overlapping, in the first direction, with the second surface of the second structure; and
an elastic layer attached to the thermally conductive layer across a boundary portion between the first surface of the first structure and the second surface of the second structure to overlap, in the first direction, with the first portion and the second portion of the thermally conductive layer.
2. The electronic device of claim 1, wherein a first region of the second portion of the thermally conductive layer overlaps, in the first direction, with the second surface of the second structure in free of the elastic layer.
3. The electronic device of claim 2, wherein the second portion of the thermally conductive layer includes a second region extending from the first region and overlapping, in the first direction, with the elastic layer, and wherein the first region of the second portion extends from the second region of the second portion in a second direction orthogonal to the first direction.
4. The electronic device of claim 3, wherein the boundary portion between the first structure and the second structure is configured to be extended in a third direction orthogonal to the first and second directions.
5. The electronic device of claim 1, wherein the elastic layer is more elastic and including a greater tensile strength than the thermally conductive layer.
6. The electronic device of claim 1, wherein the thermally conductive layer comprises a graphite sheet, and wherein the elastic layer comprises a flexible polymer sheet.
7. The electronic device of claim 1, wherein the thermally conductive layer is positioned higher than the elastic layer in the first direction.
8. The electronic device of claim 1, wherein the elastic layer comprising: a third portion disposed at least partially between the first surface of the first structure and the first portion of the thermally conductive layer, and a fourth portion disposed at least partially between the second surface of the second structure and the second portion of the thermally conductive layer.
9. The electronic device of claim 8, wherein at least portion of the fourth portion of the elastic layer overlaps, in the first direction, with the second surface of the second structure and faces the second surface in a nonbonded state.
10. The electronic device of claim 8, wherein the third portion of the elastic layer is attached to the first surface through an adhesive layer.
16. The electronic device of claim 1, wherein one of the first structure and the second structure includes a printed board assembly (PBA).
17. The electronic device of claim 1, further comprising a flexible printed circuit board (FPCB) disposed in the housing and overlaps, in the first direction, with the thermally conductive layer and the elastic layer, wherein the FPCB is positioned higher than the thermally conductive layer and the elastic layer in the first direction, and wherein the FPCB includes at least one coil.
18. The electronic device of claim 17, further comprising a ferrite layer disposed between the FPCB and the thermally conductive layer.
15. The electronic device of claim 1, wherein one of the first structure and the second structure includes a battery.
U.S. Patent 12,041,195:
1. An electronic device comprising:
a housing;
a first structure that is disposed in the housing and includes a first surface facing one surface of the housing, and
a second structure including a second surface facing the one surface of the housing; and
an flexible printed circuit board (FPCB) structure disposed in the housing and extended from the first surface to the second surface, the FPCB structure including: a FPCB that at least partially overlaps the second surface and includes at least one coil;
a first layer that is thermally conductive and at least partially overlaps the FPCB and includes a first portion disposed between the FPCB and the second surface, and
a second portion that is extended from the first portion to at least partially overlap the first surface;
a second layer that includes a third portion at least partially overlapping the second portion, and a fourth portion that is extended from the third portion to partially overlap the first portion,
the second layer being more elastic and including a greater tensile strength than the first layer; and a third layer comprising an adhesive, the third layer disposed between the third portion and the first surface.
2. The electronic device of claim 1, wherein the first layer includes graphite.
3. The electronic device of claim 1, wherein the second layer includes engineering plastic.
4. The electronic device of claim 1, wherein: the housing includes another surface disposed on opposite side to the one surface; the second layer is disposed between the first layer and the other surface; and the FPCB is bonded to the second layer through at least one opening formed in the second layer.
(See above claim 1)
5. The electronic device of claim 4, wherein the at least one opening is arranged in correspondence to a boundary portion between the first structure and the second structure.
6. The electronic device of claim 1, wherein: the fourth portion of the second layer is disposed between the FPCB and the first layer; the second portion of the first layer overlaps a portion of the second layer; and the third layer overlaps a portion of the second layer that does not overlap the first layer.
7. The electronic device of claim 1, wherein the FPCB structure further includes a fourth layer that is disposed on opposite side to the second layer with the first layer interposed therebetween, is formed along the second layer, and is more elastic and includes a greater tensile strength than the first layer.
8. The electronic device of claim 1, wherein the FPCB structure further includes a fourth layer that is disposed between the FPCB and the first layer and includes ferrite.
9. The electronic device of claim 1, wherein: the housing includes another surface disposed on opposite side to the one surface; and the second layer is disposed between the first layer and the other surface, and includes a section in which the first layer and the third layer do not overlap.
10. The electronic device of claim 9, comprising at least one opening formed in the section.
11. The electronic device of claim 1, wherein the first structure as a substrate assembly includes: a first printed circuit board (PCB), a second PCB partially overlapping the first PCB, a shielding member at least partially overlapping the second PCB and forming the first surface, and an interposer substrate between the first PCB and the second PCB.
12. The electronic device of claim 1, wherein the first structure includes an input and output assembly including at least one of: a speaker, a PCB including a USB connector, a microphone, or an antenna pattern.
13. The electronic device of claim 1, wherein the second structure includes a battery.
14. The electronic device of claim 1, wherein: the housing includes a front plate, and a rear plate disposed on opposite side to the front plate; the electronic device further comprises a display that is disposed within the housing and is disposed along at least a portion of the front plate; the FPCB structure is disposed between the display and the rear plate; and one surface of the housing is formed by the rear plate.
15. The electronic device of claim 1, wherein a first distance in which the one surface of the housing is spaced apart from the first surface and a second distance in which the one surface of the housing is spaced apart from the second surface are different from each other.
16. An electronic device comprising: a housing including a front plate and a rear plate disposed on opposite side to the front plate; a display disposed within the housing and arranged along at least some of the front plate; a first structure disposed between the display and the rear plate and including a first surface facing the rear plate, a second structure including a second surface facing the rear plate, and a third structure that is disposed to be spaced apart from the first structure with the second structure interposed therebetween and includes a third surface facing the rear plate; and an FPCB structure disposed between the display and the rear plate, and the FPCB structure including: an FPCB overlapping at least partially with the second surface and including at least one coil; a thermally conductive layer that extends to the first surface and the third surface with a portion at least partially overlapping the FPCB interposed therebetween; a first elastic layer that is disposed between the first surface and the thermally conductive layer, and is more elastic and includes a greater tensile strength than the thermally conductive layer; a second elastic layer that is disposed between the third surface and the thermally conductive layer, and is more elastic and includes a greater tensile strength than the thermally conductive layer; a first adhesive layer disposed between the first elastic layer and the first surface; and a second adhesive layer disposed between the second elastic layer and the third surface.
17. The electronic device of claim 16, wherein the thermally conductive layer includes graphite.
18. The electronic device of claim 16, wherein the first elastic layer or the second elastic layer includes polyethylene terephthalate (PET).
19. The electronic device of claim 16, wherein: the thermally conductive layer includes at least one opening formed in correspondence to (i) a boundary portion between the first structure and the second structure or (ii) a boundary portion between the second structure and the third structure; and the FPCB is bonded to the first elastic layer or the second elastic layer through the at least one opening.
20. The electronic device of claim 16, wherein the first structure as a substrate assembly includes: a first PCB, a second PCB partially overlapping the first PCB, a shielding member at least partially overlapping the second PCB and forming the first surface, and an interposer substrate between the first PCB and the second PCB, wherein the second structure includes a battery, and wherein the third structure includes an input and output assembly including at least one of: a speaker, a PCB including a USB connector, a microphone, or an antenna pattern.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent 12,041,195. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1: claim 1 of U.S. Patent 12,041,195 teaches most of the limitations of claim 1 of the current application (see above claim comparison table; even though with different wordings).
Even though, claim 1 of U.S. Patent 12,041,195 does not specifically teach
the second surface forming a second height of the second structure that is different from the first height in first direction, however, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the height of the second structure that to be different from the first height in first direction, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claims 2-9 and 15-18 are dependent from claim 1, and therefore, are rejected for at least the same reason.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG Q DANG whose telephone number is (571)272-3069. The examiner can normally be reached M-F 10-6PM..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani N Hayman can be reached at 571-270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUNG Q DANG/Examiner, Art Unit 2841
/ANTHONY M HAUGHTON/Primary Examiner, Art Unit 2841
Prosecution Insights