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 .
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 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.
Claim Rejections - 35 USC § 102
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.
Claim 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeon et al. (US publication 2020/0310577 A1), hereinafter referred to as Jeon577.
Regarding claim 1, Jeon577 teaches a display module (fig. 7 and related text), comprising: a display panel including a front portion (A, examiner markup below), a bent portion (B, examiner markup below), and a pad portion (C, examiner markup below); and a cushion plate (91/93/95/97, [0125-0130]) disposed between the front portion and the pad portion of the display panel (fig. 7), wherein the cushion plate includes: a first cushion portion (93); a second cushion portion (91); and a heat-dissipation layer ([0130]) disposed under the first cushion portion and the second cushion portion (fig. 7), wherein the second cushion portion has a thickness that is less than a thickness of the first cushion portion (fig. 7).
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Regarding claim 1, Jeon577 teaches a display module (fig. 7 and related text), comprising: a display panel including a front portion (A, examiner markup below), a bent portion (B, examiner markup below), and a pad portion (C, examiner markup below); and a cushion plate (91/93/95/97, [0125-0131]) disposed between the front portion and the pad portion of the display panel (fig. 7), wherein the cushion plate includes: a first cushion portion (93); a second cushion portion (95 or 97); and a heat-dissipation layer (91, can function as a heat-dissipation layer) disposed under the first cushion portion and the second cushion portion (fig. 7), wherein the second cushion portion has a thickness that is less than a thickness of the first cushion portion (fig. 7).
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Regarding claim 2, Jeon577 teaches wherein the pad portion extends from the bent portion and is positioned below a bottom surface of the front portion (fig. 7).
Regarding claim 3, Jeon577 teaches wherein the cushion plate further includes: an embossed layer (97), wherein the first cushion portion and the second cushion portion are disposed under the embossed layer, and wherein the first cushion portion includes a first cushion layer, and the second cushion portion includes a second cushion layer and a support layer ([0125-0131]).
Regarding claim 4, Jeon577 teaches wherein the first cushion portion and the second cushion portion are on a same plane with the embossed layer (fig. 7).
Regarding claim 5, Jeon577 teaches wherein the second cushion portion (97) is spaced apart from the first cushion portion (93) with the second cushion portion positioned closer to the bent portion than the first cushion portion (fig. 7).
Regarding claim 6, Jeon577 teaches wherein the second cushion portion (91 or 97) includes a support layer, and wherein the support layer is a multi-layer stack ([0125-0131]).
Regarding claim 7, Jeon577 teaches wherein the multi-layer stack of the support layer includes a first adhesive layer, a body layer, and a second adhesive layer ([0125-0131]).
Regarding claim 8, Jeon577 teaches wherein the heat-dissipation layer includes a step between the first cushion portion and the second cushion portion (fig. 7).
Regarding claim 9, Jeon577 teaches a display module (fig. 7 and related text), comprising: a display panel including a first portion (A, examiner markup below), a second portion (B, examiner markup below), and a third portion (C, examiner markup below), wherein the third portion extends from the second portion and is positioned below a bottom surface of the first portion (fig. 7); and a cushion plate (91/93/95/97, [0125-0130]) disposed between the first portion and the third portion of the display panel, wherein the cushion plate includes: a first cushion layer (91 or 93); a second cushion layer (93 or 91); and a heat-dissipation layer ([0130]) disposed under the first cushion layer and the second cushion layer (fig. 7).
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Regarding claim 9, Jeon577 teaches a display module (fig. 7 and related text), comprising: a display panel including a first portion (A, examiner markup below), a second portion (B, examiner markup below), and a third portion (C, examiner markup below), wherein the third portion extends from the second portion and is positioned below a bottom surface of the first portion (fig. 7); and a cushion plate (91/93/95/97, [0125-0130]) disposed between the first portion and the third portion of the display panel, wherein the cushion plate includes: a first cushion layer (93); a second cushion layer (95 or 97); and a heat-dissipation layer (91, can function as a heat-dissipation layer) disposed under the first cushion layer and the second cushion layer (fig. 7).
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Regarding claim 10, Jeon577 teaches wherein the second cushion layer has a thickness that is less than a thickness of the first cushion layer (fig. 7).
Regarding claim 11, Jeon577 teaches wherein the first portion is a front portion, the second portion is a bent portion, and the third portion is a pad portion (fig. 7).
Regarding claim 12, Jeon577 teaches wherein the cushion plate further includes a support layer associated with the second cushion layer ([0125-0131]).
Regarding claim 13, Jeon577 teaches wherein the support layer is a multi-layer stack ([0125-0131]).
Regarding claim 14, Jeon577 teaches wherein the heat-dissipation layer includes a step between the first cushion layer and the second cushion layer (fig. 7).
Regarding claim 15, Jeon577 teaches wherein the cushion plate further includes an embossed layer (95), and wherein a top surface and a bottom surface of the first cushion layer (93) are in contact with the embossed layer and the heat-dissipation layer, respectively (fig. 7).
Regarding claim 16, Jeon577 teaches a display device (fig. 7 and related text), comprising: a frame (BRK, [0124]); a display module disposed on the frame ([0123-0125]); and a cover disposed (10, [0124]) on the display module, wherein the display module includes: a display panel including a first portion (A, examiner markup below), a second portion (B, examiner markup below), and a third portion (C, examiner markup below); a cushion plate (91/93/95/97, [0125-0130]) disposed between the first portion and the third portion of the display panel, wherein the cushion plate includes: a first cushion portion (91 or 93); a second cushion portion (93 or 91); and a heat-dissipation layer ([0130]), wherein at least one characteristic of the first cushion portion is different from at least one characteristic (thickness) of the second cushion portion (fig. 7).
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Regarding claim 16, Jeon577 teaches a display device (fig. 7 and related text), comprising: a frame (BRK, [0124]); a display module disposed on the frame ([0123-0125]); and a cover disposed (10, [0124]) on the display module, wherein the display module includes: a display panel including a first portion (A, examiner markup below), a second portion (B, examiner markup below), and a third portion (C, examiner markup below); a cushion plate (91/93/95/97, [0125-0130]) disposed between the first portion and the third portion of the display panel, wherein the cushion plate includes: a first cushion portion (91 or 93); a second cushion portion (93 or 91); and a heat-dissipation layer ([0130]), wherein at least one characteristic of the first cushion portion is different from at least one characteristic (thickness) of the second cushion portion (fig. 7).
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Regarding claim 17, Jeon577 teaches wherein the at least one characteristic of the first cushion portion is a thickness of the first cushion portion, wherein the at least one characteristic of the second cushion portion is a thickness of the second cushion portion, and wherein the thickness of the first cushion portion is different from the thickness of the second cushion portion (fig. 7).
Regarding claim 18, Jeon577 teaches wherein the third portion extends from the second portion and is positioned below a bottom surface of the first portion (fig. 7).
Regarding claim 19, Jeon577 teaches wherein the second cushion portion is spaced apart from the first cushion portion with the second cushion portion positioned closer to the second portion than the first cushion portion (fig. 7).
Regarding claim 20, Jeon577 teaches wherein the first portion is a front portion, the second portion is a bent portion, and the third portion is a pad portion (fig. 7).
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 claims at issue 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); 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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,167,632 B2.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter of claim 1-20 of the instant application is encompassed by the subject matter of the Claim 1-17 of U.S. Patent No. 12,167,632 and is obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohammed R Alam whose telephone number is 469-295-9205 and can normally be reached between 8:00am-6:00pm (M-F) or by e-mail via Mohammed.Alam1@uspto.gov.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Choi can be reached on 469-295-9060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED R ALAM/Primary Examiner, Art Unit 2897
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