Detailed Office 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 .
Status: Please all the replies and correspondence should be addressed to Examiner’s art unit 2629. Receipt is acknowledged of papers submitted on 12-26-2024 under new application being continuation of parent application # 18/316,523 filed on 05/12/2023, matured to Patent # 12340236 is being continuation of parent application # 17/167,551 filed on 02/04/2021, matured to Patent # 11687350; which have been placed of record in the file. Claims 1-20 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12-26-2024, 01-21-2025, 04-10-2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-17 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,340,236 B2 and claims 1-20 of U.S. Patent No. 11,687,350 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: Comparison of Instant application Claims 1-17 to over claims 1-18 of U.S. Patent No. 12,340,236 B2 and claims 1-20 of U.S. Patent No. 11,687,350 B2 as follows:
Instant US Application Number
18,316,523
US Patent Number
US 12,340,236 B2
US 11,687,350 B2
1. An electronic device comprising: a foldable housing including a first housing portion and a second housing portion foldable with respect to each other; a flexible display including a first display area and a second display area continuously extended from each other and accommodated in the first housing portion and the second housing portion, respectively; a camera; at least one processor; and memory storing instructions that, when collectively or individually executed by the at least one processor, cause the electronic device to: receive a user selection with respect to a first application or a second application while the first application and the second application are executed in a background such that a first execution screen corresponding to the first application or a second execution screen corresponding to the second application is not displayed via the flexible display; based on the user selection is with respect to the first application, execute the first application in a foreground such that the first execution screen is displayed via the flexible display regardless of whether the foldable housing is fully unfolded or partially folded within a specified range when the user selection is received; based on the user selection is with respect to the second application and the foldable housing is fully unfolded when the user selection is received, execute the second application in the foreground in a first displaying mode such that the second execution screen includes a photographic image displayed via a first portion of the first display area and at least one portion of the second display area, and one or more graphical menus each indicative of a specific function with respect to the photographic image and displayed via a second portion of the first display area; and based on the user selection is with respect to the second application and the foldable housing is partially folded within a specified range when the user selection is received, execute the second application in the foreground in a second displaying mode such that the second execution screen includes the photographic image as displayed via the first display area, and not the second display area, and at least one of the one or more graphical menus as displayed via the second display area instead of the first display area.
US 12,340,236 B2
1. An electronic device comprising: a first housing; a second housing foldably connected with the first housing; a flexible display disposed on the first housing and the second housing; at least one sensor; at least one processor; and memory storing instructions, that, when executed by the at least one processor, cause the electronic device to: control the flexible display to display a first execution screen of a first application, which is executing in a foreground of the electronic device while executing a second application in a background of the electronic device, when the first housing and the second housing are in a partially folded state, identify a user input to execute the second application in the foreground, wherein the second application is configured to change an execution screen based on an angle between the first housing and the second housing, which is identified using the at least one sensor, falling within a predetermined range of the partially folded state, and based on identifying the user input, control the flexible display to display a second execution screen of the second application associated with the predetermined range instead of the first execution screen, wherein the second execution screen is configured to display a preview screen captured by a camera on a first portion of the flexible display corresponding to the first housing and to display, below the preview screen, a plurality of first UI elements and a plurality of second UI elements on a second portion of the flexible display corresponding to the second housing.
US 11,687,350 B2
1. An electronic device comprising: a first housing; a second housing foldably connected with the first housing; a flexible display disposed on the first housing and the second housing; at least one sensor; a memory; and at least one processor operatively connected to the flexible display, the at least one sensor, and the memory, wherein the at least one processor is configured, when instructions stored in the memory are executed, to: control the flexible display to display a first execution screen of a first application when the first housing and the second housing are in an unfolded state, wherein the first execution screen includes a preview screen captured by a camera, a plurality of first UI elements above the preview screen and a plurality of second UI elements below the preview screen, wherein the first application is configured to change an execution screen based on an angle between the first housing and the second housing, which is identified using the at least one sensor, falling within a predetermined range of a partially folded state, and based on the first application being configured to change the execution screen according to a change in the angle, control the flexible display to display a second execution screen of the first application associated with the predetermined range instead of the first execution screen, and wherein the second execution screen is configured to display the preview screen on a first portion of the flexible display corresponding to the first housing and to display, below the preview screen, the plurality of first UI elements and the plurality of second UI elements on a second portion of the flexible display corresponding to the second housing.
Note the comparison of independent claim 1 of instant application, to claims 1 of U.S. Patent No. 12,340,236 B2 and claims 1 of U.S. Patent No. 11,687,350 B2 to avoid 101 statutory double patenting rejections the claims limitation by curtailing the details and language has been changed. However, instant application independent claim limitations are described in independent claims of the parent applications. They both are merely claiming same “An electronic device is provided. The electronic device includes a first housing, a second housing foldably connected with the first housing, a flexible display disposed on the first housing and the second housing, at least one sensor, a memory, and at least one processor operatively connected to the flexible display, the at least one sensor, and the memory, wherein the at least one processor is configured, when instructions stored in the memory are executed, to control the flexible display to display a first execution screen of a first application, based on an angle between the first housing and the second housing, which is identified using the sensor, falling within a predetermined range, identify whether the first application supports changing of an execution screen according to a change in angle, control the flexible display to display a second execution screen of the first application associated with the predetermined range”. Please notice all the parents as well as child applications are claiming are same or similar and maps to generic teaching of the disclosure provided by Applicant. Please also Notice all the parents as well as child applications are claiming processor executing stored instructions in the memory, controlling a flexible display displaying (i.e. either to display or not to display either in background or foreground, images from camera (photographic, photo) or computer generated images). Further Claiming a camera (camera module or sensor camera providing signal to processor controlling graphic displaying as well photographic displaying), user input (obviously maps to receiving input or user selected input), user interface (UI that include a graphic element, maps to graphic menu, providing signal to processor controlling graphic displaying in any mode per Applicant’s disclosure), display mode (maps to per disclosure teaching with angles between housings (e.g., a first housing and a second housing, folded, unfolded at any angle or open), and application (maps to specific material or content, processor processing application performing specific functions). Please further notice all the recitation either maps to applicant’s teaching per Applicant’s disclosure or disclosed in the Applicant’s disclosure. Thus in conclusion instant application (child application) claims teaching is embedded in the parent (continuation) applications claims teaching directly or indirectly.
Further Claims 2-17 of the instant application maps to claims 2-18 of U.S. Patent No. 12,340,236 B2 and claims 2-20 of U.S. Patent No. 11,687,350 B2 as per same explanation above.
For above reason provided above the Double Patenting Rejection does obviate and therefore an eTerminal disclaimer is requested to overcome Double Patenting Rejection to move instant application forward and achieve compact prosecution.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRABODH M DHARIA whose telephone number is (571)272-7668. The examiner can normally be reached Monday -Friday 9:00 AM to 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lee can be reached on 571-272-2963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Any response to this action should be mailed to:
Commissioner of Patents and Trademarks
P.O. Box 1450
Alexandria VA 22313-1450
/Prabodh M Dharia/
Primary Examiner
Art Unit 2629
06-09-2026
Prosecution Insights