DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55 for Application No. CN202311262250.8 filed on 09/27/2023.
Drawings
The drawings, specifically FIGS. 3, 4 and 11, are objected to because the text is too small. 37 CFR 1.84(p)(3) requires that all numbers, letters, and reference characters measure at least 1/8 inches in height. The examiner asserts that at least some of the text in the drawings does not satisfy this requirement. Applicant is asked to print the drawings to measure and enlarge, where appropriate. Recall from 37 CFR 1.84(k) that drawings are reduced in size to two-thirds in reproduction. Hence, such small text will be difficult to read if not increased in size.
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 INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Referring to independent claim 9, this claim recites the claim limitations an “angle acquisition unit” and a “speed control unit”. However, the specification does not describe sufficient structures to perform the claimed functions of the “angle acquisition unit” and the “speed control unit”.
Referring to independent claim 13, this claim recites the claim limitations a “power structure” and a “control structure”. For purposes of examination, as described in paragraph [0018] of the published specification, the “power structure” will be construed as any drive, such as a motor. However, the specification does not describe sufficient structures to perform the claimed functions of the “control structure”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) 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.
Claims 1-20 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.
Independent claim 1 recites “the second member is arranged at the second body to output content on the second body”. It is unclear what Applicant means by the phrase “to output content on the second body”. (emphasis added) Appropriate clarification through claim amendment is respectfully requested. For purposes of examination, the phrase will be interpreted as “to output display content on the second body”. (emphasis added)
For similar reason as above, independent claims 9 and 13 are rejected under 35 U.S.C. 112(b).
Claims 2-8 are dependent claims of claim 1. The claim 1 is rejected under 35 U.S.C. 112(b), and therefore, claims 2-8 are rejected under 35 U.S.C. 112(b).
Claims 10-12 are dependent claims of claim 9. The claim 9 is rejected under 35 U.S.C. 112(b), and therefore, claims 10-12 are rejected under 35 U.S.C. 112(b).
Claims 14-20 are dependent claims of claim 13. The claim 13 is rejected under 35 U.S.C. 112(b), and therefore, claims 14-20 are rejected under 35 U.S.C. 112(b).
Each of the claim limitations “an angle acquisition unit” and “a speed control unit” of claim 9, and “a control structure” of claim 13, invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. There is no disclosure of any particular structure, either explicitly or inherently, to perform the target angle acquisition, the pulling speed control, and the target angle obtaining, respectively. The term “angle acquisition unit”, “speed control unit” or “control structure” is not adequate structure for performing the function because it does not describe a particular structure for performing the function. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which structure or structures perform(s) the claimed function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 10-12 are dependent claims of claim 9. The claim 9 is rejected under 35 U.S.C. 112(b), and therefore, claims 10-12 are rejected under 35 U.S.C. 112(b).
Claims 14-20 are dependent claims of claim 13. The claim 13 is rejected under 35 U.S.C. 112(b), and therefore, claims 14-20 are rejected under 35 U.S.C. 112(b).
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 9-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, the disclosure does not provide adequate structures to perform the claimed functions of “an angle acquisition unit” and “a speed control unit” of claim 9, and “a control structure”. The specification does not demonstrate that applicant has made an invention that achieves the claimed functions because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over SHANG et al. (US 2022/0295650 A1) (“Shang”), in view of KIM et al. (US 2023/0122508 A1) (“Kim”).
Regarding independent claim 1, Shang teaches:
An electronic device comprising: (Shang: [0015] “As shown in FIG. 1 and FIG. 2, embodiments of the present disclosure provide an electronic apparatus 100. The electronic apparatus includes a first body 110, a second body 120, a flexible screen assembly 130, and a driver 140.”)
a flexible display including a first member and a second member; (Shang: [0017] “As shown in FIG. 2, the second body 120 includes a second surface 121. The second surface 121 is neighboring to the first surface 111. In some embodiments, the second body 120 may be in a plate shape. That is, a length of the second body 120 in the length direction and a width in the width direction may be both much greater than a height in the height direction. When the second body 120 is of the plate shape, the second surface 121 is a lower surface of the second body 120. The second surface 121 may be a rectangular shape, a circular shape, an oval shape, etc. The second body 120 is rotatably connected to the first body 110. In some embodiments, the second body 120 may be hinged to the first body 110 through a hinge. A rotation axis of the second body 120 relative to the first body 110 may be arranged at a position close to the first surface 111. In this case, during the rotation of the second body 120 relative to the first body 110, the second body 120 and the first body 110 may remain tightly connected at the position of the rotation axis. Thus, an edge of the first surface 111 and an edge of the second body 110 may be always connected. During the rotation, the first surface 111 and the second surface 121 may cross a predetermined angle. That is, an included angle between the first surface 111 and the second surface 121 may be greater than the predetermined angle or may not be greater than the predetermined angle. When the included angle between the first surface 111 and the second surface 121 is greater than the predetermined angle, the electronic apparatus 100 may be in an unfolded state. When the included angle between the first surface 111 and the second surface 121 is not greater than the predetermined angle, the electronic apparatus 100 may be in a folded state. In some embodiments, the predetermined angle may range from 30° to 120°, for example, 90°. That is, when the included angle between the first surface 111 and the second surface 121 is greater than 90°, the electronic apparatus 100 may be considered to be in the unfolded state. When the included angle between the first surface 111 and the second surface 121 is less than or equal to 90°, the electronic apparatus 100 may be considered to be in the folded state.”) (Shang: [0018] “As shown in FIG. 2, the flexible screen assembly 130 includes a first member 131 and a second member 132. The first member 131 is connected to the first body 110. The second member 132 is connected to the second body 120. The first member 131 and the second member 132 may be an integral structure. The first member 131 is a member of the flexible screen assembly 130 that covers the first surface 111 in the folded state. The second member 132 is a member other than the first member 131 of the flexible screen assembly 130. In some embodiments, the second member 132 may be located in the second body 120, cover the second surface 121, or be located under the lower surface of the second body 120. The second member 132 may be slidably connected to the second body 120 to facilitate the second member 132 to slide relative to the second body 120. When a part or all of the second member 132 moves to cover the first surface 111, the part or all of the second member 132 that originally covers the first surface 111 may be transformed into the first member 131.”) [The flexible screen assembly 130 reads on “a flexible display”, the second member 132 reads on “a first member”, and the first member 131 reads on “a second member”.]
a first body, the first member being arranged in the first body to be hidden by the first body; (Shang: FIG. 2) (Shang: [0017]-[0018] as discussed above) [The second body 120 reads on “a first body”. The second member 132 being in the second body or located under the lower surface of the second body 120 reads on “… to be hidden by the first body”.]
a second body, the second member being arranged at the second body to output content on the second member; (Shang: FIG. 2) (Shang: [0017]-[0018] as discussed above) (Shang: [0020] “As shown in FIG. 2, the driver 140 is connected to the flexible screen assembly 130 and configured to drive the flexible screen assembly 130 to move in the first direction in the unfolded state. In some embodiments, an output member of the driver 140 may be connected to the flexible screen assembly 130 to drive the flexible screen assembly 130 to move along the first direction during the rotation or retractable motion of the output member of the driver 140. The first direction is a direction from the second body 120 to the first body 110 (X direction in FIG. 2). Therefore, the flexible screen assembly 130 may move in the direction from the second member 132 to the first member 131. In the movement process, at least a part of the second member 132 may be gradually transformed into the first member 131. Thus, the area of the first member 131 may gradually increase to satisfy a display area requirement. [The first body 110 reads on “a second body”. The area of the first member 131 displaying reads on “… to output content”.]
a power structure, the first member being able to be pulled by the power structure from the first body to the second body or from the second body to the first body; and (Shang: [0020] as discussed above) (Shang: [0024] “As shown in FIG. 2, in embodiments of the present disclosure, the driver 140 includes a first driver 141 and a second driver 142. The first driver 141 is arranged on the first body 110 and configured to drive the flexible screen assembly 130 to move in the first direction. In some embodiments, the first driver 141 may be fixedly connected to the first body 110. For example, the first driver 141 may be fixedly connected to the first body 110 by screws or welding. The output member of the first driver 141 can be transmission-connected to the flexible screen assembly 130. When the output member of the first driver 141 is transmission-connected to the flexible screen assembly 130, the output member may drive the flexible screen assembly 130 to move. When the first driver 141 is in a working state, the output member may drive the flexible screen assembly 130 to move in the first direction by rotation or retractable motion. The second driver 142 is arranged on the second body 120 and configured to drive the flexible screen assembly 130 to move in a direction opposite to the first direction.”) [The driver 140 reads on “a power structure”. The first direction reads on “pulled … from the first body to the second body”, and the opposite direction reads on “pulled … from the second body to the first body”.]
a control structure configured to obtain a target angle between the first body and the second body … (Shang: [0017] as discussed above) [The predetermined angle that is used to determine the folded state or the unfolded state reads on “a target angle”.]
Shang does not expressly teach: a control structure configured to … control a pulling speed of the first member.
Kim teaches:
a control structure configured to … control a pulling speed of the first member. (Shang: [0017] as discussed above) [The predetermined angle that is used to determine the folded state or the unfolded state reads on “a target angle”.]
(Kim: Abstract “An electronic device may include a first housing, a second housing configured to accommodate at least a part of the first housing and guide sliding movement of the first housing, a flexible display including a first display area coupled to the first housing and a second display area extending from the first display area, a gear disposed inside the second housing and configured to move the flexible display, a motor configured to rotate the gear, at least one sensor, and at least one processor. The at least one processor may be configured to identify a state of the electronic device including at least one of a battery current, a battery voltage, an internal consumption current, a battery level, or an electronic device temperature, based on information sensed through the at least one sensor, and control a speed of the motor or discontinue driving of the motor based on the state of the electronic device.”) [Controlling the speed of the motor that moves the flexible display reads on “control a pulling speed of the first member”.]
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Shang and Kim before them, to modify the drive that controls movement of the flexible display, to incorporate adjusting speed of the drive for the movement of the flexible display.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would help provide the over current protection (OCP) for the drive. (Kim: [0010] “An embodiment of the disclosure provides an electronic device including a flexible display, and a method of controlling a driving motor in the electronic device including the flexible display, which may reduce the possibility of occurrence of an OCP state, an SMPL state, and/or heat generation by adjusting the speed of the driving motor based on the state or use scenario of the electronic device.”)
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W CHOI whose telephone number is (571)270-5069. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W CHOI/Primary Examiner, Art Unit 2116
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