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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-4, 6-29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-9, 11-17 and 20-30 of U.S. Patent No. 12,088,981. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-3, 5-9, 11-17 and 20-30 of U.S. Patent No. 12,088,981 are clearly anticipated or similar in scope to the rejected claims 1-4, 6-29 of the U. S. Pat. App (No. 18/786,567) with only obvious wording variations. For example below:
Instant application
U.S. Patent No. 12,088,981
1. A display apparatus, comprising: a display module including a display panel configured to display an image; a structure disposed at a rear surface side of the display module and including a first surface and a second surface opposite to the first surface; and a vibration generator disposed at the second surface of the structure to output a sound wave toward a rear surface of the display module, wherein the first surface of the structure is adjacent to the rear surface of the display module, and wherein the second surface of the structure is inclined from the rear surface of the display module and is configured to support the vibration generator.
1. A display apparatus, comprising: a display module including a display panel configured to display an image; a structure on a rear surface of the display module; and a vibration generator configured to be disposed in the structure in nonparallel with the rear surface of the display module, wherein a distance between the rear surface of the display module and the vibration generator increases progressively toward one side of the display module in a direction from a center region of the display module to a periphery region of the display module.
Specification: para. [00179]-[00188]
2. The display apparatus of claim 1, wherein the structure is disposed opposite to the rear surface of the display module and/or comprises: a supporting portion configured to include the first surface and the second surface; a sound guide portion extending from the supporting portion to one side surface of the display module; and a sound emission portion protruding from one side of the sound guide portion.
2. The display apparatus of claim 1, wherein the structure comprises: a supporting portion configured to support the vibration generator; a sound guide portion extending from the supporting portion to one side of the display module; and a sound emission portion protruding from one side of the sound guide portion.
3. The display apparatus of claim 2, wherein the supporting portion comprises an opening portion overlapping the vibration generator.
3. The display apparatus of claim 2, wherein the supporting portion comprises an opening portion overlapping the vibration generator.
4. The display apparatus of claim 1, wherein the vibration generator is disposed nonparallel with the rear surface of the display module.
1. A display apparatus, comprising: a display module including a display panel configured to display an image; a structure on a rear surface of the display module; and a vibration generator configured to be disposed in the structure in nonparallel with the rear surface of the display module, wherein a distance between the rear surface of the display module and the vibration generator increases progressively toward one side of the display module in a direction from a center region of the display module to a periphery region of the display module.
6. The display apparatus of claim 1, wherein a distance between the rear surface of the display module and the vibration generator increases progressively toward one side surface of the display module along a first direction.
1. A display apparatus, comprising: a display module including a display panel configured to display an image; a structure on a rear surface of the display module; and a vibration generator configured to be disposed in the structure in nonparallel with the rear surface of the display module, wherein a distance between the rear surface of the display module and the vibration generator increases progressively toward one side of the display module in a direction from a center region of the display module to a periphery region of the display module.
7. The display apparatus of claim 2, wherein a thickness of the sound guide portion increases progressively from the sound emission portion to the supporting portion along a first direction.
5. The display apparatus of claim 2, wherein a thickness of the sound guide portion increases progressively from the sound emission portion to the supporting portion in the direction from the center region to the periphery region of the display module.
8. The display apparatus of claim 2, wherein the sound emission portion comprises a protrusion portion which protrudes from the sound guide portion in a direction of the display panel.
6. The display apparatus of claim 2, wherein the sound emission portion comprises a protrusion portion.
Specification: para. [00318]
9. The display apparatus of claim 8, wherein the sound emission portion further comprises a concave portion which recesses from the sound guide portion in a direction opposite to the direction of the display panel.
7. The display apparatus of claim 6, wherein the sound emission portion further comprises a concave portion.
10. The display apparatus of claim 2, wherein the supporting portion comprises: a first supporting portion disposed along a first direction to include the second surface and configured to support a first side of the vibration generator; a second supporting portion in parallel with the first supporting portion to include the second surface and configured to support a second side of the vibration generator; a third supporting portion between one side of the first supporting portion and one side of the second supporting portion and configured to support a third side of the vibration generator; and an opening portion surrounded by the first supporting portion, the second supporting portion and the third supporting portion
8. The display apparatus of claim 2, wherein the supporting portion comprises: a first supporting portion disposed along a first direction and configured to support a first side of the vibration generator; a second supporting portion in parallel with the first supporting portion and configured to support a second side of the vibration generator; a third supporting portion between one side of the first supporting portion and one side of the second supporting portion and configured to support a third side of the vibration generator; and an opening portion surrounded by the first to third supporting portions.
11. The display apparatus of claim 10, wherein the supporting portion further comprises: a first stopper disposed at the third supporting portion and configured to define a disposition region of the vibration generator.
9. The display apparatus of claim 8, wherein the supporting portion further comprises: a first stopper disposed at the third supporting portion and configured to define a disposition region of the vibration generator.
12. The display apparatus of claim 10, wherein, in each of the first supporting portion and the second supporting portion, a distance between the first surface and the second surface increases progressively from the third supporting portion to the sound guide portion along the first direction.
11. The display apparatus of claim 10, wherein, in each of the first supporting portion and the second supporting portion, a distance between the first surface and the second surface increases progressively from the third supporting portion to the sound guide portion in the direction from the center region to the periphery region of the display module.
13. The display apparatus of claim 10, wherein the sound guide portion comprises: a first extension portion extending from the first supporting portion to one side surface of the display module along the first direction; a second extension portion extending from the second supporting portion to one side surface of the display module; and a cover portion covering a space between the first extension portion and the second extension portion.
12. The display apparatus of claim 8, wherein the sound guide portion comprises: a first extension portion extending from the first supporting portion to one side of the display module along the first direction; a second extension portion extending from the second supporting portion to the one side of the display module; and a cover portion covering a space between the first extension portion and the second extension portion.
14. The display apparatus of claim 13, wherein the cover portion comprises: a second stopper disposed on the first and second extension portions and configured to define a disposition region of the vibration generator; a first surface being an outer inclined surface or an inclined surface; and a second surface being a ceiling surface.
13. The display apparatus of claim 12, wherein the cover portion comprises: a second stopper disposed on the first and second extension portions and configured to define a disposition region of the vibration generator; a first surface being an outer inclined surface or an inclined surface; and a second surface being a ceiling surface.
15. The display apparatus of claim 13, wherein the cover portion comprises a surface nonparallel to the rear surface of the display module.
14. The display apparatus of claim 12, wherein the cover portion comprises a surface nonparallel to the rear surface of the display module.
16. The display apparatus of claim 13, wherein the structure further comprises a pad disposed on each of a third surface of each of the first and second supporting portions and on each of a third surface of the first and second extension portions.
15. The display apparatus of claim 12, wherein the structure further comprises a pad disposed at each of a third surface of each of the first and second supporting portions and a third surface of each of the first and second extension portions.
17. The display apparatus of claim 2, wherein the sound emission portion comprises: a sound emission guider protruding from one side of the sound guide portion; and a sound emission port between the sound emission guider and the display module.
16. The display apparatus of claim 2, wherein the sound emission portion comprises: a sound emission guider protruding from one side of the sound guide portion; and a sound emission port between the sound emission guider and the display module.
18. The display apparatus of claim 17, wherein the sound emission guider comprises: a first protruding surface protruding from one side of the sound guide portion in a thickness direction of the display module, the first protruding surface being exposed at one side of the display module; and a second protruding surface inclined from the first protruding surface adjacent to the display module.
17. The display apparatus of claim 16, wherein the sound emission guider comprises: a first surface protruding from one side of the sound guide portion in a thickness direction of the display module, the first surface being exposed at one side of the display module; and a second surface inclined from the first surface adjacent to the display module.
19. The display apparatus of claim 1, wherein: the display module further comprises a second supporting member on a rear surface side of the display panel and configured to support the structure; and the second supporting member further comprises a first hole overlapping the vibration generator
20. The display apparatus of claim 1, wherein: the display module further comprises a second supporting member on a rear surface of the display panel and configured to support the structure, and the second supporting member comprises a first hole overlapping the vibration generator.
20. The display apparatus of claim 19, wherein the second supporting member includes a nonferrous metal.
21. The display apparatus of claim 20, wherein the second supporting member includes a nonferrous metal.
21. The display apparatus of claim 20, further comprising: a connection member disposed between a first portion of the second supporting member and the structure and including an opening portion.
22. The display apparatus of claim 20, further comprising: a connection member disposed between a first portion of the second supporting member and the structure and including an opening portion.
22. The display apparatus of claim 19, further comprising a plate disposed between the second supporting member and the structure and configured to cover the first hole of the second supporting member.
23. The display apparatus of claim 20, further comprising a plate between the second supporting member and the structure and configured to cover the first hole of the second supporting member.
23. The display apparatus of claim 22, wherein the plate is formed of nonferrous metal.
24. The display apparatus of claim 23, wherein the plate comprises a nonferrous metal.
24. The display apparatus of claim 22, wherein the plate further comprises a second hole overlapping the first hole of the second supporting member.
25. The display apparatus of claim 23, wherein the plate further comprises a second hole overlapping the first hole of the second supporting member.
25. The display apparatus of claim 24, wherein a shape of the second hole differs from a shape of the first hole, or a size of the second hole is smaller than a size of the first hole.
26. The display apparatus of claim 25, wherein a shape of the second hole differs from a shape of the first hole, or a size of the second hole is less than a size of the first hole.
26. The display apparatus of claim 1, wherein the vibration generator comprises: a module frame disposed in the structure; a bobbin disposed on the module frame; a magnet provided inside or outside the bobbin; a coil wound around the bobbin; and a damper between the module frame and the bobbin.
27. The display apparatus of claim 1, wherein the vibration generator comprises: a module frame in the structure; a bobbin on the module frame; a magnet inside or outside the bobbin; a coil wound around the bobbin; and a damper between the module frame and the bobbin.
27. The display apparatus of claim 26, wherein: the display module further comprises a second supporting member disposed on the rear surface side of the display panel; the second supporting member comprises a hole; and a size of the hole is greater than a size of the bobbin.
28. The display apparatus of claim 27, wherein: the display module further comprises a second supporting member disposed on a rear surface of the display panel, the second supporting member comprises a hole, and a size of the hole is greater than a size of the bobbin.
28. The display apparatus of claim 26, further comprising a plate disposed between the rear surface of the display module and the structure, wherein the display module further comprises a second supporting member disposed on the rear surface side of the display panel, and wherein the second supporting member comprises a hole.
29. The display apparatus of claim 27, further comprising a plate between the rear surface of the display module and the structure, wherein the display module further comprises a second supporting member on the rear surface of the display panel, and wherein the second supporting member comprises a hole.
29. The display apparatus of claim 28, wherein the plate further comprises a second hole overlapping a portion of the bobbin.
30. The display apparatus of claim 29, wherein the plate further comprises a second hole overlapping a portion of the bobbin.
As shown in table above, the bold limitations in claims 1-4, 6-29 of pending Application can be found the bold limitations in claims 1-3, 5-9, 11-17 and 20-30 as indicated above of U.S. Patent No. 12,088,981. Thus, one of ordinary skill in the art before the effective filing date of the claimed invention would recognize that they are not patentably distinct from each other. Accordingly, claims 1-4, 6-29 of pending Application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-9, 11-17 and 20-30 of U.S. Patent No. 12,088,981 for the reasons as stated above.
Allowable Subject Matter
Claims 1-29 are allowed if they overcome the nonstatutory double patenting rejection above.
Claim 5 is 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; because the prior art of record fails to teach the limitation of claim 5 “wherein a thickness between the first surface and the second surface of the structure increases progressively toward one side surface of the display module along a first direction.“. Therefore, the prior art teachings neither anticipate nor render obvious the allowable subject matter in combination with the other claimed limitations.
Conclusion
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/TUAN D NGUYEN/Primary Examiner, Art Unit 2699