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 § 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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 12,360,566. Although the claims at issue are not identical, they are not patentably distinct from each other because both relate expressly to apparatus or a method for a slidable mobile terminal. The present claims 1 and 11 include substantially the same features as claims 1 and 11 of the Patent. The only difference is by the naming/labeling (wording) of the gears in the instant application in claim 1.
Instant Application 18/821,278
Patent 12,360,566
Claim 1. An electronic device comprising: a second housing; a first housing configured to slide with respect to the second housing;
a display including a first display area and a second display area extending from the first display area and configured so that at least a portion of the second display area is configured to be moved based on a sliding movement of the first housing; a motor disposed in the second housing and configured to provide a driving force for the sliding movement of the first housing; and
a gear structure configured to transfer the driving force provided from the motor to the first housing; wherein the gear structure includes: a first gear portion connected with the motor, a second gear portion connected with the first gear portion, a third gear portion connected with or disconnected from the second gear portion, and a rack gear disposed at the first housing and connected with the third gear portion.
Claim 1. An electronic device comprising: a first housing; a second housing configured to receive at least a portion of the first housing, the first housing being configured to slide with respect to the second housing;
a display including a first display area, and a second display area configured to be unfolded or folded based on sliding of the first housing; a motor configured to generate a driving force for the sliding of the first housing, the motor disposed on the second housing; and
a gear assembly including a first gear connected to the motor, a rack gear connected to the first housing and configured to slide along with the first housing, a second gear configured to mesh with the rack gear, and a third gear connected to the second gear and configured to rotate based on rotation of the first gear,
wherein the first gear is configured to rotate along a first rotational axis, and the second gear and the third gear are configured to rotate along a second rotational axis parallel with the first rotational axis.
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 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US 20200033913; “Yang” hereinafter).
Regarding claim 1, Yang discloses: An electronic device (figs. 1-2) comprising:
a second housing (210, fig. 12);
a first housing (220, fig. 12) configured to slide with respect to the second housing (¶[0049]);
a display (100) including a first display area (see annotated fig. 12 below) and a second display area (see annotated fig. 12 below) extending from the first display area and configured so that at least a portion of the second display area is configured to be moved based on a sliding movement of the first housing (fig. 4, ¶[0061]-[0062]);
a motor (260, fig. 12, ¶[0057]) disposed in the second housing and configured to provide a driving force for the sliding movement of the first housing (¶[0050]); and
a gear structure (250, fig. 12) configured to transfer the driving force provided from the motor to the first housing (¶[0061]);
wherein the gear structure includes:
a first gear portion (253, fig. 12) connected with the motor (¶[0096]),
a second gear portion (251, fig. 12) connected with the first gear portion,
a third gear portion (252, fig. 12) connected with or disconnected from the second gear portion (fig. 12), and
a rack gear (240, fig. 12) disposed at the first housing and connected with the third gear portion (fig. 12).
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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.
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Yang, in view of Han (KR101179115B1; “Han” Hereinafter).
Regarding claim 2, Yang discloses the limitation of claim 1, but does not explicitly disclose:
further comprising a driving member disposed in the second housing and configured to provide a driving force for a sliding movement of at least a portion of the gear structure .
However, Han teaches:
a driving member (41, 47, 48, fig. 3) disposed in a second housing (1, fig. 1) and configured to provide a driving force for a sliding movement of a third gear portion (42, 45, 50, fig. 3) of the gear structure (¶[0028]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify and reconfigure Yang’s gear structure with Han’s teaching, such that a gear portion slides under a driving force, in order to provide a slidable electronic device capable of automatically being opened and closed by sliding, as well as by manual sliding operation by a user (¶[0007]-[0011]).
Regarding claim 5, Yan in view of Han teaches the limitation of claim 2, and Han further teaches:
wherein the third gear portion (42, 45 and 50) includes at least a portion (42) connected to at least a portion of the driving member (47, fig. 5) and is configured to slide based on the driving force provided from the driving member to be connected with or disconnected from the second gear portion (44, figs. 5-7).
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Yang, in view of Han (KR101179115B1; 20230156105; “Han” Hereinafter), as applied to claim 2, and further in view of (JP6369363B2; “Suzuki” hereinafter).
Regarding claim 3, Yan in view of Han teaches the limitation of claim 2, but does not explicitly disclose: wherein the driving member includes a solenoid and a switch portion configured to reciprocate from the solenoid to the second gear portion.
However, Suzuki teaches:
a solenoid (150, fig. 5) and a switch portion (151a, 151b, fig. 5) configured to reciprocate from the solenoid to an arm portion (143, fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to replace elements 42, 48 of Han, with the solenoid and switch teaching of Suzuki adapted to the three gear system of Han, where the switch portion 151b would be configured and connected with portion 45 of the third gear, in order to provide an electrical reciprocating means to slide the electronic device of Yang in view of Han. The claim would have been obvious because the particular known technique was recognized as part of the ordinary capabilities of one skilled in the art, as evidenced by Suzuki. Therefore, the claimed subject matter would have been no more than a predictable combination of a plurality of known techniques according to their respective purposes within routine skill and creativity (§MPEP 2143).
Regarding claim 4, Yan in view of Han and Suzuki teaches the limitations of claim 3, and the combination further teaches:
wherein the switch portion includes at least a portion (151b) connected to at least a portion (45) of the third gear portion, and wherein the third gear portion is configured to reciprocate with the switch portion when the switch portion reciprocates from the solenoid (via the combination of Suzuki into Yang in view of Han in claim 3).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Yang, in view of Feng (US 20230156105; “Feng” Hereinafter).
Regarding claim 10, Yang discloses the limitation of claim 1, but does not explicitly disclose:
further comprising a gear frame configured to receive at least a portion of the first gear portion, the second gear portion, and the third gear portion.
However, Feng teaches:
a slidable display device (100), comprising a gear frame (324, fig. 5) configured to receive at least a portion of a first gear portion (323, fig. 5), a second gear portion (322, fig. 5), and a third gear portion (321, fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to include a gear frame as taught by Feng into Yang, such that the electronic device of Yang comprises a gear frame configured to receive at least a portion of the first gear portion, the second gear portion, and the third gear portion, in order to fix the first, second and third gear portions to the second housing (¶[0090]-[0091]).
Regarding claim 11, Yang discloses the limitation of claim 10, and further teaches:
wherein the gear frame is configured to rotatably support at least one of a shaft of the first gear portion and a shaft of the third gear portion (as disclosed in fig. 5, due to the rotation axis of 321, and the rotation axis of 323 being within gear frame 324).
Allowable Subject Matter
Claims 6-9, 12-15 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, and to overcome nonstatutory double patenting rejection as stated above.
Regarding claim 6, the prior art of record taken alone or in combination, fails to teach or fairly suggest,
in combination with other limitations recited in claims 2, a combination of limitations that teaches: wherein the second gear portion includes a 2-1th gear and a 2-2th gear, wherein the 2-1th gear is connected with the first gear portion, and wherein the third gear portion includes a 3-1th gear and a 3-2th gear, and the 3-1th gear is connected with or disconnected from the 2-2th gear, and the 3-2th gear is connected with the rack gear. None of the reference art of record discloses or renders obvious such a combination.
Claim 7-9, 13-15 are objected to by virtue of dependency to claim 6.
Regarding claim 12, the prior art of record taken alone or in combination, fails to teach or fairly suggest,
in combination with other limitations recited in claims 1, 10, a combination of limitations that teaches: wherein the gear frame includes a stopper configured to restrict a sliding movement of the second gear portion. None of the reference art of record discloses or renders obvious such a combination.
Conclusion
The prior art made of record and not relied upon is:
US 20220253103 A1 Display Device. This invention relates generally to a device including a display and, more specifically, to a display device including a flexible display capable of being bent, in which the area of the flexible display exposed to one side is variable.
US 20220418124 A1 Electronic Devices with Retractable Screen. This invention generally relates to an electronic device, including a first housing provided with a first sliding portion and a second housing slidably arranged on the first housing along a first direction, the first housing and the second housing being enclosed to form a receiving structure with an opening.
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/P.K./Examiner, Art Unit 2841
/SAGAR SHRESTHA/Primary Examiner, Art Unit 2841
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