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 4 is objected to because of the following informalities: Claim 4 discloses “a first distance between the first axis and the second,” which should read as “a first distance between the first axis and the second axis”. Appropriate correction is required.
For the purpose of examination, “a first distance between the first axis and the second” is treated as “a first distance between the first axis and the second axis.”
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 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 and 10-20 of U.S. Patent No. 12045097. Although the claims at issue are not identical, they are not patentably distinct from each other because they both claim the same structure of a portable communication device comprising a flexible display supported on a first housing and a second housing, a hinge structure, and a hinge housing; wherein the hinge structure comprising a bracket including a first guide groove and a second guide groove, a first rotational member rotating about a first axis according to a part of an outer surface of the first rotational member sliding along the first guide groove, a second rotational member rotating about a second axis according to a part of an outer surface of the second rotational member sliding along the second guide groove, a first shaft, and a second shaft, etc.
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.
(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.
Claim(s) 1-2, 5-7, 9 and 14 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Kim (US 9173288 B1).
Re claim 1: Kim discloses a portable communication device (foldable display apparatus in fig 1) comprising:
a housing including a first housing (140 + 170 in fig 2) and a second housing (180 + 150 in fig 2);
a flexible display (110 in fig 2) accommodated in the housing such that a first display portion (112a in fig 2) and a second display portion (112b in fig 2) of the flexible display are disposed in the first housing and the second housing, respectively; and
a hinge structure coupled with the first housing and the second housing, the hinge structure including: a bracket (162b in fig 3) including a first guide groove (161a in fig 3 and column 7, lines 17-22) and a second guide groove (161b in fig 3 and column 7, lines 23-28) formed therein,
a first rotational member (125 in fig 4) coupled with the bracket such that the first rotational member is configured to (i.e., functional language) rotate about a first axis (see annotated fig 4 below) according to at least part of an outer surface of the first rotational member sliding along the first guide groove, and
a second rotational member (135 in fig 4) coupled with the bracket such that the second rotational member is configured to (i.e., functional language) rotate about a second axis (see annotated fig 4 below) different from the first axis according to at least part of an outer surface of the second rotational member sliding along the second guide groove,
wherein at least part of a third display portion (112c in fig 2) of the flexible display between the first display portion and the second display portion is configured to be (i.e., functional language) bent as the first rotational member rotates about the first axis and the second rotational member rotates about the second axis.
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Re claim 2: Kim discloses the portable communication device, further comprising: a first shaft (see column 9, lines 32-39; herein, a first pivot shaft member rotatably couples a first side of the first upper housing 170 to the first side of the connection housing 160; a first shaft inserting hole 172 is provided at the first side of the first upper housing 170, and a first shaft inserting hole 165a is provided at the connection housing 160) configured to rotate about a third axis (i.e., axis passing through “first pivot shaft member” rotating in hole 165a) different from each of the first and second axes; and a second shaft (see column 9, lines 58-65; herein, a second pivot shaft member rotatably couples a first side of the second upper housing 180 to the second side of the connection housing 160; a second shaft inserting hole 182 is provided at the first side of the second upper housing 180, and a second shaft inserting hole 165b is provided at the connection housing 160) configured to rotate about a fourth axis (i.e., axis passing through “second pivot shaft member” rotating in hole 165b) different from each of the first, second, and third axes.
Re claim 5: Kim discloses the portable communication device, wherein the third axis (i.e., axis passing through “first pivot shaft member” rotating in hole 165a; see annotated fig 4) is internal to the first shaft and the fourth axis (i.e., axis passing through “second pivot shaft member” rotating in hole 165b; see annotated fig 4) is internal to the second shaft, and wherein the first axis (see annotated fig 4) is external to the first rotational member and the second axis (see annotated fig 4) is external to the second rotational member.
Re claim 6: Kim discloses the portable communication device, wherein each of the first axis and the second axis is adjacent (i.e., near) to the third display portion between the first display portion and the second display portion of the flexible display (see annotated fig 4).
Re claim 7: Kim discloses the portable communication device, wherein a shortest distance from the first axis to an upper surface of the flexible display is shorter than a shortest distance from the third axis to the upper surface of the flexible display, when the portable communication device is fully unfolded (see annotated fig 4).
Re claim 9: Kim discloses the portable communication device, wherein the first guide groove (161a in fig 3) is formed in a curved shape, and wherein the second guide groove (161b in fig 3) is formed in a curved shape.
Re claim 14: Kim discloses the portable communication device, wherein each of the first axis and the second axis is inside a hinge housing (connection housing 160 in figs 1-4) when viewed from above the flexible display (see fig 1).
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.
Claim(s) 1-4, 8, 10-12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 9677308 B1) in view of Lin (US 20180210496 A1).
Re claim 1: Chen discloses a portable communication device (smartphone in column 1, lines 13-16) comprising:
a housing including a first housing and a second housing; a hinge structure coupled with the first housing and the second housing (see column 2, lines 64-67; herein, the upper plate 60 and the lower plate 70 (i.e., of a hinge shown in fig 6) are fixed to two parts of an electronic device which are moved to become opened or closed, such as a display and a main body of an electronic device); and
a flexible display (see column 1, lines 16-21) accommodated in the housing;
wherein the hinge structure (see figs 5-9) including:
a bracket (auxiliary guiding member 700 in fig 6) including a first guide groove (up-inclined groove 701) and a second guide groove (down-inclined groove 702) formed therein,
a first rotational member (shaft 200 in fig 6) coupled with the bracket such that the first rotational member is configured to (i.e., functional language) rotate about a first axis (i.e., axis passing through shaft 200) according to at least part of an outer surface of the first rotational member sliding along the first guide groove, and
a second rotational member (shaft 101 in fig 6) coupled with the bracket such that the second rotational member is configured to (i.e., functional language) rotate about a second axis (i.e., axis passing through shaft 101) different from the first axis according to at least part of an outer surface of the second rotational member sliding along the second guide groove.
Chen fails to disclose that a first display portion and a second display portion of the flexible display are disposed in the first housing and the second housing, respectively; wherein at least part of a third display portion of the flexible display between the first display portion and the second display portion is configured to be (i.e., functional language) bent as the first rotational member rotates about the first axis and the second rotational member rotates about the second axis.
Lin discloses a portable communication device comprising a flexible display (40 in fig 1) including a first display portion (first portion 41 in fig 1) supported on a first housing (10 in fig 1), a second display portion (second portion 42 in fig 1) supported on a second housing (20 in fig 1), and a third display portion (third portion 43) configured to be bent according to the first and second housings being folded via a hinge structure (connecting structure 30 in fig 1).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to dispose a first display portion of the flexible display in the first housing, a second display portion of the flexible display in the second housing, and a third display portion of the flexible display on the hinge structure such that the third display portion is bent according to the first and second housings being folded/unfolded via the hinge structure in order to prevent the flexible display from damaging or breaking during the rotation.
Re claim 2: Chen in view of Lin discloses the portable communication device, further comprising: a first shaft (Chen: shaft 100) configured to (i.e., functional language) rotate about a third axis (Chen: i.e., axis passing through shaft 100) different from each of the first and second axes; and a second shaft (Chen: shaft 201) configured to (i.e., functional language) rotate about a fourth axis (Chen: i.e., axis passing through shaft 201) different from each of the first, second, and third axes.
Re claim 3: Chen in view of Lin discloses the portable communication device, wherein the first rotational member (Chen: shaft 200) is configured to (i.e., functional language) rotate about the first axis as the first shaft (Chen: shaft 100) rotates about the third axis (Chen: i.e., via engagement of gears of shaft 200 and shaft 100 with gears of guiding base 500), and wherein the second rotational member (Chen: shaft 101) is configured to (i.e., functional language) rotate about the second axis as the second shaft (Chen: shaft 201) rotates about the fourth axis (Chen: i.e., via engagement of gears of shaft 201 and shaft 101 with gears of guiding base 501).
Re claim 4: Chen in view of Lin discloses the portable communication device, wherein a first distance between the first axis (Chen: i.e., axis passing through shaft 200) and the second axis (Chen: i.e., axis passing through shaft 101) is shorter than a second distance between the third axis (Chen: i.e., axis passing through shaft 100) and the fourth axis (Chen: i.e., axis passing through shaft 201) (Chen: see figs 6-7).
Re claim 8: Chen in view of Lin discloses the portable communication device, further comprising: a first spring (Chen: spring 106 in fig 6) coupled to the first shaft (Chen: shaft 100); and a second spring (Chen: spring 106 in fig 6) coupled to the second shaft (Chen: shaft 201).
Re claim 10: Chen in view of Lin discloses the portable communication device, further comprising: a first hinge cover (Chen: i.e., cylindrical sleeve covering a portion of shaft 200 in figs 6-7) disposed to cover at least a portion of hinge structure; and a second hinge cover (Chen: i.e., cylindrical sleeve covering a portion of shaft 101 in figs 6-7) disposed to cover at least another portion of hinge structure.
Re claim 11: Chen in view of Lin discloses the portable communication device, further comprising: a hinge housing (Chen: i.e., cylindrical sleeve covering a portion of shaft 100 in figs 6-7) accommodating at least part of the hinge structure.
Re claim 12: Chen in view of Lin discloses the portable communication device, wherein the hinge housing is coupled (Chen: i.e., indirectly coupled via shaft 200) to the bracket (Chen: 700 in figs 6-7).
Re claim 15: Chen in view of Lin discloses the portable communication device, further comprising: a first front bracket (Chen: upper plate 60a in fig 6 and column 2, lines 64-67; herein, the upper plate 60 and the lower plate 70 are fixed to two parts of an electronic device which are moved to become opened or closed, such as a display and a main body of an electronic device) coupled to the first housing and the first rotational member (Chen: 200; herein, upper plate 60a indirectly coupled to shaft 200 via guiding member 400 as shown in fig 6); and a second front bracket (Chen: lower plate 70a in fig 6) coupled to the second housing and the second rotational member (Chen: 101; herein, lower plate 70a indirectly coupled to shaft 101 via guiding member 401).
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 9677308 B1) modified by Lin (US 20180210496 A1) and further in view of Kim (US 9173288 B1).
Chen in view of Lin discloses the portable communication device, further comprising: a plate (Lin: connecting member 31 in fig 1; herein, connecting member 31 can be made of an elastic steel sheet, see paragraph 111) in contact with a rear surface of the flexible display, a central portion of the plate including a patterned-hole area (Lin: see through holes 314 in fig 29) formed therein such that the patterned-hole area is bent and unbent along with the third display portion as the portable communication device is folded and unfolded, respectively.
Chen in view of Lin fails to disclose that the plate is in contact with a substantially entire area of a rear surface of the flexible display.
Kim discloses an electronic device comprising a support plate (flexible supporting plate 118 in fig 2 and column 4, lines 57-61) that is in contact with a substantially entire area of a rear surface of a flexible display (display panel 110 in fig 2).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the plate in contact with a substantially entire area of a rear surface of the flexible display in order to support and maintain the flexible display in a flat state (Kim: column 4, lines 57-61; herein, flexible supporting plate 118 is attached to an entire rear surface of the display panel 110, and maintains the display panel 110, which is flexible, in a flat state).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nidhi Thaker whose telephone number is (571)270-3408. The examiner can normally be reached M, TH, F 10am-6pm.
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/NIDHI THAKER/ Primary Examiner, Art Unit 2841