17521841
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 .
DETAILED ACTION
1. The office acknowledges the receipt of the following and placed of record in the file: Application dated 8/7/24 claimed priority of date 11/8/20.
2. Claims 1-17 are presented for examination.
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 obviousness-type 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 Fo3d 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
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3. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12079052.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is substantially similar in nature with the Claim limitations of instant application are similar in nature to the patent for example
Instant application
Patent No. 12079052
1.An apparatus comprising:
(a) a flexible touch-sensitive display composed of a first flexible touch-sensitive display portion and a second flexible touch-sensitive display portion;
wherein:
(1) the first flexible touch-sensitive display portion is attached to a first structural support segment;
(2) the second flexible touch-sensitive display portion is attached to a second structural support segment;
(3) the flexible touch-sensitive display further comprises having a fully folded state;
(4) the flexible touch-sensitive display further comprises having a partially expanded state;
(5) the flexible touch-sensitive display further comprises having a fully expanded state;
1. An apparatus comprising:
(a) a flexible touch-sensitive display composed of a first flexible touch-sensitive display portion and a second flexible touch-sensitive display portion;
wherein:
(1) the first flexible touch-sensitive display portion is attached to a first structural support segment;
(2) the second flexible touch-sensitive display portion is attached to a second structural support segment;
(3) the flexible touch-sensitive display further comprises having a fully folded state;
(4) the flexible touch-sensitive display further comprises having a partially expanded state;
(5) the flexible touch-sensitive display further comprises having a fully expanded state;
(b) a power generator configured to be manually attachable to each structural support segment such that a closing folding motion and an opening folding motion of the apparatus provides a mechanical input force through a ratchet mechanism that engages with at least one folding motion to activate the power generator which in turn creates electric power for charging a battery.
(b) a power generator configured and attached to each structural support segment such that a closing folding motion and an opening folding motion of the apparatus provides a mechanical input force through a ratchet mechanism that engages with at least one folding motion to activate the power generator which in turn creates electric power for charging a battery.
Although the conflicting claims are not identical, they are not patentably distinct from each other because claim 1 of the instant application is anticipated by claim 1 of the Patent where claim 1 of the Patent contains all the limitations of claim 1 of the instant application. Therefore, Claim 1 of the instant application is not patently distinct from the earlier parent claim and as such is unpatentable for nonstatutory double patenting.
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.
4. Claims 1, 3, 5-7, 9, 11-13, 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (“Kim”), 2022/0214852 and Nakamura et al. (“Nakamura”), U.S. 2005/0057555.
Regarding Claims 1, 7 and 13, Kim Teaches an apparatus [Fig-1A(101)] comprising:
(a) a flexible touch-sensitive display composed of a first flexible touch-sensitive display portion (141) and a second flexible touch-sensitive display portion (142); wherein:
(1) the first flexible touch-sensitive display portion is attached to a first structural support segment (112);
(2) the second flexible touch-sensitive display portion is attached to a second structural support segment (114);
(3) the flexible touch-sensitive display further comprises having a fully folded state [See Fig-3B – 3E];
(4) the flexible touch-sensitive display further comprises having a partially expanded state [See Fig-3B – 3E];
(5) the flexible touch-sensitive display further comprises having a fully expanded state; [See Fig-3B – 3E (when angle is greater than 90 degree and smaller than 180 degree)]. Kim also teaches each structural support segment such that the folding motion of the apparatus can be carried out [Fig-3C] where the first-second structural support segment comprise a battery [Fig-2(289)].
Kim does not disclose expressly (b) a power generator configured to be manually attachable to each structural support segment such that a closing folding motion and an opening folding motion of the apparatus provides a mechanical input force through a ratchet mechanism that engages with at least one folding motion to activate the power generator which in turn creates electric power for charging a battery.
In the same field of endeavor (e.g., information processing apparatus harvesting battery power extended from opening/closing of display) Nakamura teaches a power generator (cartridge 14) configured to be manually attachable to each structural support segment [Para: 0027 (“fuel cartridge 14 is mounted on an attachment portion 40 provided in the body portion 3” where “fuel cell and a fuel cartridge are incorporated separately in a display portion and a body portion”, see para 0029)] such that a closing folding motion and an opening folding motion of the apparatus provides a mechanical input force through a ratchet mechanism (via valve 61) that engages with at least one folding motion to activate the power generator which in turn creates electric power for charging a battery [Para: 0027(as “the opening/closing operation of a fuel connection valve 61 provided in the fuel path is controlled in connection with the opening/closing operation of the display portion 5”) and 0036(“opening/closing operation of the fuel connection valve 61 provided in the fuel path … power generation portion 11 is controlled, … in connection with an opening/closing operation of the display portion”) in order to “enhanced battery performance” or battery charge, see 0059, 0070] and .
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kim’s teachings of a device comprising first structural support segment and second structural segment comprises a battery where each structural support segment such that the folding motion of the apparatus can be carried out with Nakamura’s teachings of a power generator manually attachable to each structural support segment an electronic device such that a closing folding motion and an opening folding motion of the apparatus provides a mechanical input force through a ratchet mechanism that engages with at least one folding motion to activate the power generator which in turn creates electric power for charging a battery for the purpose of extending battery life to ensure “sufficient continuous use time” [Nakamura, Para: 0004] for a portable device.
Regarding Claims 3, 9 and 15, Nakamura teaches wherein: the power generator includes a gearing system connected to its rotor assembly (hinge 4) input such that the gearing can translate the closing folding motion or the opening folding motion of the apparatus to a plurality of rotations for optimizing power generation [Para: 0027 and Fig-1].
Regarding Claims 5, 11 and 17, Nakamura teaches wherein: the power generator utilizes electromagnetic induction to generate power [Para: 0033(negative electrode from opening/closing display), 0036 and 0043(positive electrode from opening/closing display)].
Regarding Claims 6 and 12, Kim teaches wherein: the fully folded state comprises a fully folded angle between the first flexible touch-sensitive display component and the second flexible touch-sensitive display component that is less than 10 degrees [Fig-3B]; and
the fully expanded state comprises a fully expanded angle between the first flexible touch-sensitive display component and the second flexible touch-sensitive display component that is between 170 and 190 degrees [Fig-3C]; and
the partially expanded state comprises an angle that falls between the fully folded state and the fully expanded state [Fig-3C(when angle is just over 90 degree)].
5. Claims 2, 8 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Nakamura as applied to claim1 above (“Kim-Nakamura”) and further in view of Chen et al. (“Chen”), U.S. Patent Publication No. 2011/0043995
Regarding Claim 2, 8 and 14, Kim-Nakamura teaches wherein:
the power generator battery [Kim, Fig-2(289)] includes a chassis with a first connecting structure affixed to the first flexible touch-sensitive display structural support segment (Kim, 112); and a second connecting structure affixed to the second flexible touch-sensitive display structural support segment [Kim, Fig-1A(114)]. Kim-Nakamura does not disclose expressly wherein the apparatus comprises a rotor assembly including stator.
In the same field of endeavor (e.g., provision a motor with a first structural support segment and second structural support segment in a housing), Chen teaches wherein an apparatus (10) including a first structural support segment (200) and second structural support segment (100) in a housing comprises a rotor (320) assembly including stator [Para: 0014 and Fig-1].
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kim-Lee’s teachings of a device comprising first structural support segment and second structural segment comprises a battery where each structural support segment such that the folding motion of the apparatus can be carried out with Chen’s teachings of apparatus including a first structural support segment and second structural support segment in a housing comprises a rotor assembly in order (for Kim-Lee) to first connection structure to affix to both rotor assembly and the second connection structure to the stator for the purpose of harvesting power from electromechanical force for a portable device.
6. Claims 4-5, 10 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim-Nakamura and Perkins et al. (“Perkins”), U.S. Patent No. 7425807.
Regarding Claims 4, 10 and 16, Kim-Nakamura teaches all the limitation of claim 4 as described rejecting claim 1 above. Kim-Nakamura does not disclose expressly wherein: the power generator includes a flywheel assembly for optimizing power generation.
In the same field of endeavor (e.g., flywheel energy storage system), Perkins teaches power generator includes a flywheel assembly for optimizing power generation [col-2 lines: 28-39].
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kim-Nakamura’s teachings of a device comprising first structural support segment and second structural segment comprises a battery where each structural support segment such that the folding motion of the apparatus can be carried out with Perkin’s teachings of power generator includes a flywheel assembly for optimizing power generation for the purpose of harvesting power from electromechanical force for a portable device.
Regarding Claims 5, 11 and 17, Perkins teaches wherein: the power generator utilizes electromagnetic induction to generate power [col-7 lines: 1-19(electromagnetic induction generated as stator winding 322 starts moving)].
Conclusion
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/MOHAMMED H REHMAN/Primary Examiner, Art Unit 2176