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 1-20 in the reply filed on 3/9/2026 is acknowledged. The traversal is on the ground(s) that claims 1-20 are readable in specie of figure 3. This is found persuasive.
Drawings
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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 lower arm (221b) disposed between the first upper arm (221a) and the first rotation member to face the first upper arm” (in claim 1) must be shown or the feature(s) canceled from the claim(s). (see above annotated figure 3; figure 3 does not show the first lower arm (221b) disposed between the first upper arm (221a) and the first rotating member (211) ).
“the first link (215; figure 3) and the third link (223; figure 3) are formed integrally, wherein the second link (216; figure 3) and the fourth link (224; figure 3) are formed integrally” (in claim 20) must also be shown or the feature(s) cancelled from the claim.
No new matter should be entered.
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "the first link rail". There is insufficient antecedent basis for this limitation in the claim.
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)(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.
Claims 1-4, 9-11 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin et al. U.S. Patent 12,618,433.
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Regarding claim 1, Lin et al. teaches a portable electronic device (see figure 1 and abstract), comprising:
a flexible display (see abstract);
a first housing (2; figure 1) and a second housing (3; figure 1) accommodating the flexible display; and
a hinge structure (1; figure 10 comprising a hinge (1) coupled to the first housing and the second housing, wherein the hinge structure includes:
a first rotation member (1121; figure 4) comprising a bracket (body of 1121) coupled to the first housing (2) and a second rotation member (1131; figure 4) comprising a bracket (body of 1131) coupled to the second housing;
a first arm (see above annotated figure 4) coupled to the first housing and a second arm (see above annotated figure 4) coupled to the second housing; and
a first elastic body (lower 114; figure 4) configured to press the first arm and a second elastic body (upper 114; figure 4) configured to press the second arm, wherein the first arm includes:
a first upper arm (see above annotated figure 4) disposed between the first rotating member and the first elastic body, and having an inclined surface (upper surface of 1st upper arm; see figure 4) formed thereon; and
a first lower arm (see above annotated figure 4) disposed between the first upper arm and the first rotation member to face the first upper arm, and having an inclined surface (upper surface of 1st lower arm) formed thereon.
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Regarding claim 2, Lin et al. teaches the portable electronic device of claim 1, further comprising:
a first link (see above annotated figure 3) disposed in the first housing and coupled to the first rotation member;
a second link (see above annotated figure 3) disposed in the second housing and coupled to the second rotation member;
a third link (see above annotated figure 3) disposed in the first housing and coupled to the first arm;
a fourth link (see above annotated figure 3) disposed in the second housing and coupled to the second arm.
Regarding claim 3, Lin et al. teaches the portable electronic device of claim 2, wherein the first upper arm is configured to rotate by a specific angle (implicitly taught) in a first direction (folding or unfolding direction) in response to a pressure (implicitly taught) of the first elastic body, wherein the first lower arm is configured to rotate by a specific angle (implicitly taught) in a second direction (folding or unfolding direction) different from the first direction.
Regarding claim 4, Lin et al. teaches the portable electronic device of claim 3, wherein the first upper arm is configured to rotate counterclockwise (folding or unfolding) by the specific angle (implicitly taught) in response to the pressure (implicitly taught)of the first elastic body and the first lower arm is configured to rotate clockwise (folding or unfolding) by the specific angle (implicitly taught), based on a third direction (folding or unfolding) from the first elastic body toward the first rotation member.
Regarding claim 9, Lin et al. teaches the portable electronic device of claim 3, wherein the second arm includes:
a second upper arm (see above annotated figure 4) disposed between the second rotating member and the second elastic body, and having an inclined surface (top surface) formed thereon;
a second lower arm (see above annotated figure 4) disposed between the second upper arm and the second rotation member and facing the second upper arm, and having an inclined surface (top surface) formed thereon.
Regarding claim 10, Lin et al. teaches the portable electronic device of claim 9, wherein the second upper arm is configured to rotate by a specific angle (implicitly taught) in the second direction (folding or unfolding direction) and the second lower arm is configured to rotate by a specific angle (implicitly taught) in the first direction (folding or unfolding direction), in response to a pressure (implicitly taught) of the second elastic body.
Regarding claim 11, Lin et al. teaches the portable electronic device of claim 10, wherein the second upper arm is configured to rotate clockwise (folding or unfolding direction) by a specific angle (implicitly taught) and the second lower arm is configured to rotate counterclockwise (folding or unfolding direction) by a specific angle (implicitly taught) in response to the pressure of the second elastic body, based on a third direction (folding or unfolding direction) from the second elastic body to the second rotation member.
Regarding claim 20, Lin et al. teaches the portable electronic device of claim 2, wherein the first link (see above annotated figure 3) and the third link (see above annotated figure 3) are formed integrally, wherein the second link (see above annotated figure 3) and the fourth link (see above annotated figure 3) are formed integrally.
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.
Claims 5-8 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. U.S. Patent 12,618,433 in view of Nagai et al. U.S. Pub. 2020/0323091.
Regarding claim 5, as mentioned above, Lin et al. teaches the portable electronic device of claim 3.
However, Lin et al. does not specifically teach wherein a lower portion of a first upper arm rail disposed on the first upper arm is maintained in a contact state with a lower portion of the first link rail disposed on the third link, in response to rotation of the first upper arm.
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Nagai et al., in the same field of endeavor, teaches a portable electronic device having a hinge structure (shown in figure 15), which suggest a lower portion (see above annotated figure 15) of a first upper arm rail (see above annotated figure 15) disposed on the first upper arm is maintained in a contact state (see above figure 15) with a lower portion (see above annotated figure 15) of the first link rail disposed on the third link, in response (see figures 4, 8, 9 and 15) to rotation of the first upper arm.
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/substitute the hinge structure of portable electronic device of Lin et al. such that a lower portion of a first upper arm rail disposed on the first upper arm is maintained in a contact state with a lower portion of the first link rail disposed on the third link, in response to rotation of the first upper arm, as suggested by Nagai et al., to carry out the rotating operation of the hinge structure in a different way.
Regarding claim 6, the modification of Lin et al. in view of Nagai et al. would result in the portable electronic device of claim 5, wherein an upper portion (see above annotated figure 15) of the first upper arm rail is maintained in a non-contact state (see above figure 15) with an upper portion (see above annotated figure 15) of the first link rail, in response to rotation of the first upper arm.
Regarding claim 7, the modification of Lin et al. in view of Nagai et al. would result in the portable electronic device of claim 7 for the same reason/concept explained in the above rejection of claim 5.
Regarding claim 8, the modification of Lin et al. in view of Nagai et al. would result in the portable electronic device of claim 8 for the same reason/concept explained in the above rejection of claim 6.
Regarding claim 12, the modification of Lin et al. in view of Nagai et al. would result in the portable electronic device of claim 12 for the same reason/concept as explained in the above rejection of claim 5, with respect to the 2nd upper arm rail and the third link rail.
Regarding claim 13, the modification of Lin et al. in view of Nagai et al. would result in the portable electronic device of claim 13 for the same reason/concept explained in the above rejection of claim 6, with respect to the 2nd upper arm rail and the 3rd link rail.
Regarding claim 14, the modification of Lin et al. in view of Nagai et al. would result in the portable electronic device of claim 14 for the same reason/concept explain in the above rejection of claim 5, with respect to the second lower arm rail and the 4th link.
Allowable Subject Matter
Claims 15-19 are 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.
Regarding claim 15, the prior art of record fails to teach, disclose or fairly suggest the portable electronic device, in combination with all the positively recited elements of claim 2, wherein the first upper arm includes: a first upper arm body including a first upper arm rail coupled to a first link rail formed on the third link; a first upper arm header including a hole formed in a center; a first upper arm connector configured to connect the first upper arm body and the first upper arm header, wherein the first upper arm header includes: a first upper step protruding from an inner surface facing the first lower arm, a second upper step formed on the inner surface and disposed at a position spaced apart from the first upper step; a first inclined surface formed in a direction from the first upper step to the second upper step; and a second inclined surface formed in a direction from the second upper step to the first upper step.
Claims 16-19 are dependent from claim 15, and therefore, are objected-but-allowable 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 2835
/IMANI N HAYMAN/Supervisory Patent Examiner, Art Unit 2841
Prosecution Insights