CTNF 19/008,330 CTNF 84729 DETAILED ACTION Claims 1-20 have been considered for patentability. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-7 of U.S. Patent No. 12,228,975 (975 Patent). Although the claims at issue are not identical, they are not patentably distinct from each other. The 975 Patent claims in Claim 1 a display panel, a frame disposed at a rear of the display panel, a fixing member coupled to the rear frame and having upper and lower openings, a connector having upper and lower protruding portions associated with the upper and lower openings, and a locking unit including engaging portions passing through the lower openings, a coupling body, a support body, an elastic member, guide holes, guide pins, and fastening members for guiding and retaining the support body relative to the coupling body. The present claims recite similar structure with a display device locking structure, comprising fixing members, connectors and a locking unit arrangement in which lower protruding portions of the connector engage and press against engaging portions exposed through lower openings of the fixing member. The use of “fastening members” versus guide pins would have been an obvious modification to a person having ordinary skill in the art of display mounting since these features perform the same function of guiding, retaining and movement and thus are interchangeable. For this reason the presently claimed invention of Claim 1 is not patentably distinct from Claim 1 of the 975 Patent. Allowable Subject Matter Claims 1-20 are allowable over the prior art of record and would be patentable but for the obvious type double patenting rejection above. The specific limitations of “the fixing member including upper openings and lower openings; a connector including upper protruding portions that are aligned with the upper openings and including lower protruding portions aligned with the lower openings; and a locking unit disposed at a rear of the frame;” and “the support body including a guide hole into which a fastening member is inserted and the fastening member is fixed to the coupling body such that the guide hole guides the placement of the support body onto the fastening member, and wherein a width of the guide hole is greater than an outer diameter of the fastening member” in Claim 1, and similarly in Claims 8 and 14, are not anticipated or made obvious by the prior art of record in the examiner’s opinion. For example, Bosson (US Publication 2002/0011544) discloses a display device comprising: a display panel; a frame 1 disposed at a rear of the display panel; a fixing member 98 disposed at a rear of the frame and coupled to the frame, a connector 96 that is inserted into an opening 92 to press against an exposed engaging portion; and a locking unit 100 coupled to a rear surface of the frame, the locking unit including engaging portions and elastic members extending and pressing the engaging portions. However, Bosson does not disclose wherein the fixing member including upper openings and lower openings; a connector including upper protruding portions that are aligned with the upper openings and including lower protruding portions aligned with the lower openings; and a locking unit disposed at a rear of the frame. Bosson further does not disclose wherein the support body including a guide hole into which a fastening member is inserted and the fastening member is fixed to the coupling body such that the guide hole guides the placement of the support body onto the fastening member, and wherein a width of the guide hole is greater than an outer diameter of the fastening member. Huang (US Patent 11, 118,722) discloses a display device comprising: a display panel; a frame 400 disposed at a rear of the display panel; a fixing member 120 disposed at a rear of the frame and coupled to the frame, the fixing member including upper openings 121a and lower openings 121b (Figure 2); a connector 110 including upper protruding portions 112a that are aligned with the upper openings and including lower protruding portions (See Figure 4) aligned with the lower openings; and a locking unit 114 disposed at a rear of the frame, the locking unit including engaging portions 114a passing through the lower openings 121b, wherein the lower protruding portions are engaged with and press against the engaging portions exposed through the lower openings, wherein the locking unit includes: a coupling body (Figure 5) disposed at a rear of the frame and supporting a first end of an elastic member 115. However, Huang does not disclose a support body disposed at a rear of the coupling body and contacting a second end of the elastic member, the support body including a guide hole into which a fastening member is inserted and the fastening member is fixed to the coupling body such that the guide hole guides the placement of the support body onto the fastening member, and wherein a width of the guide hole is greater than an outer diameter of the fastening member. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adrian S Wilson whose telephone number is (571)270-3907. The examiner can normally be reached Monday through Friday, 9am to 5pm. 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, Allen L Parker can be reached at 303-297-4722. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ADRIAN S WILSON/Primary Examiner, Art Unit 2841 Application/Control Number: 19/008,330 Page 2 Art Unit: 2841 Application/Control Number: 19/008,330 Page 3 Art Unit: 2841 Application/Control Number: 19/008,330 Page 4 Art Unit: 2841 Application/Control Number: 19/008,330 Page 5 Art Unit: 2841 Application/Control Number: 19/008,330 Page 6 Art Unit: 2841 Application/Control Number: 19/008,330 Page 7 Art Unit: 2841
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