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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 7-9 and 12-16 of U.S. Patent No. 12204378. Although the claims at issue are not identical, they are not patentably distinct from each other because
Claims 1, 5, 7-9 and 12-16 of US 12204378 discloses the same structure of a first and a second housing structures that are movable with respect to each other via a hinge structure, a hinge cover, and a flexible display as claimed in claims 1-20 of the instant application.
Claims 7-9 of US 12204378 claims a “first protrusion” and a “second protrusion” that has the same structure of a “first conductive end portion” and a “second conductive end portion” as claimed in the instant application.
Claim 5 of US 12204378 claims a “third protrusion” that has the same structure of a “first tip portion” as claimed in claims 12+ 13 of the instant application.
Claims 14+15 of US 12204378 disclose “a first sealing member” and a “second sealing member” that claims the same structure of a “first non-conductive member” and a “second non-conductive member” as claimed in the instant application.
Claims 1-11 and 14-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12216502. Although the claims at issue are not identical, they are not patentably distinct from each other because they both claim the same structure of a first and a second housing structures that are movable with respect to each other via a hinge structure, a hinge cover, and a flexible display.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11909900. Although the claims at issue are not identical, they are not patentably distinct from each other because they both claim the same structure of a first and a second housing structures that are movable with respect to each other via a hinge structure, a hinge cover, and a flexible display.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-11 and 14-20 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Sun (US 10013027 B2).
Re claim 1: Sun discloses a portable communication device (see fig 1) comprising:
a housing including: a first housing structure (first supporting plate 2 in fig 1), a second housing structure (second supporting plate 2 in fig 1), and a hinge cover (guide component 3 in figs 1-2, 5-8);
a flexible display (flexible display screen 1 in fig 1) including: a first portion (i.e., portion of flexible display screen 1 that is mounted on first supporting plate 2 in fig 1) disposed at the first housing structure, and a second portion (i.e., portion of flexible display screen 1 that is mounted on second supporting plate 2 in fig 1) disposed at the second housing structure; and
a hinge structure (a hinge connecting an end of the guide component 3 to the first supporting plate 2, and a hinge connecting an end of the guide component 3 to the second supporting plate 2) coupled with the first housing structure and the second housing structure, wherein the first housing structure and the second housing structure are configured to (i.e., functional language) move with respect to each other, between a folded state of the housing (see fig 2) and an unfolded state (see fig 1) of the housing, via the hinge structure, wherein at least part of the hinge structure is disposed between the hinge cover and the flexible display, and
wherein the first housing structure (first supporting plate 2 in fig 1) includes: a first conductive end portion (plate-shaped body 51 in figs 3-4; The plate-shaped body 51 is a part of the first supporting plate 2; herein, the first supporting plate 2 may be made of a metal according to column 3, lines 55-56) including a first inner surface (groove 61 in fig 4) that is adjacent to the hinge cover, and a first non-conductive member (roller 52 in fig 4) disposed on at least part of the first inner surface, such that the first non-conductive member contacts an outer surface of the hinge cover in the unfolded state of the housing (see fig 5).
Re claim 2: Sun discloses the portable communication device, wherein the first inner surface includes a first recess (groove 61 in fig 4) formed thereon, and the first non-conductive member (roller 52 in fig 4) is at least partially disposed in the first recess.
Re claim 3: Sun discloses the portable communication device, wherein the first non-conductive member (roller 52 in fig 4) remains in contact with the outer surface of the hinge cover (3 in fig 4) while the housing transitions between the folded state (see fig 7) and the unfolded state (see fig 5).
Re claim 4: Sun discloses the portable communication device, wherein a first surface that is of the first non-conductive member (i.e., outer surface of roller 52) has a lower coefficient of friction than the first inner surface (see column 5, lines 15-17; herein, the bottom surface 36 of the guide component 3 is a polished surface and the surface of the roller 52 is a polished surface. In order to reduce the fabrication cost, only the portions where the bottom surface 36 of the guide component 3 contacts the roller 52 are polished in exemplary implementation).
Re claim 5: Sun discloses the portable communication device, wherein a largest dimension of the first non-conductive member (52 in fig 4) is a length of the first non-conductive member, extending along the first inner surface (61 in fig 4), which is parallel to a folding axis of the housing (see fig 4).
Re claim 6: Sun discloses the portable communication device, wherein the second housing structure (second supporting plate 2 in fig 1) includes:
a second conductive end portion (plate-shaped body 51 in figs 3-4; herein, the plate-shaped body 51 is a part of the first supporting plate 2; herein, the first supporting plate 2 may be made of a metal according to column 3, lines 55-56) including a second inner surface (groove 61 in fig 4) that is adjacent to the hinge cover, and a second non-conductive member (roller 52 in fig 4) disposed on at least part of the second inner surface, such that the second non-conductive member contacts the outer surface of the hinge cover in the unfolded state of the housing (see fig 5).
Re claim 7: Sun discloses the portable communication device, wherein the second inner surface includes a second recess (groove 61 in fig 4) formed thereon, and the second non-conductive member (roller 52 in fig 4) is at least partially disposed in the second recess.
Re claim 8: Sun discloses the portable communication device, wherein the second non-conductive member (roller 52 in fig 4) remains in contact with the outer surface of the hinge cover (3 in fig 4) while the housing transitions between the folded state (see fig 7) and the unfolded state (see fig 5).
Re claim 9: Sun discloses the portable communication device, wherein a second surface that is of the second non-conductive member (i.e., outer surface of roller 52) has a lower coefficient of friction than the second inner surface (see column 5, lines 15-17; herein, the bottom surface 36 of the guide component 3 is a polished surface and the surface of the roller 52 is a polished surface. In order to reduce the fabrication cost, only the portions where the bottom surface 36 of the guide component 3 contacts the roller 52 are polished in exemplary implementation).
Re claim 10: Sun discloses the portable communication device, wherein a largest dimension of the second non-conductive member (52 in fig 4) is a length of the second non-conductive member, extending along the second inner surface (61 in fig 4), which is parallel to a folding axis of the housing (see fig 4).
Re claim 11: Sun discloses the portable communication device, wherein a first part (see annotated fig 4 below) that is of the first conductive end portion (51 in figs 3-4) is bent or protrudes inwardly toward the hinge cover (3) such that, in the folded state of the housing (see fig 7), a first end surface (see annotated fig 4 below) that is of the first part faces and is spaced apart from the outer surface of the hinge cover to form a gap (see fig 7; i.e., space between “first end surface” and hinge cover 3 that accommodates roller 52 therebetween) therebetween.
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Re claim 14: Sun discloses the portable communication device, wherein, in the unfolded state of the housing (see fig 5), the hinge cover (3 in fig 5) is enclosed within the housing by the first housing structure and the second housing structure.
Re claim 15: Sun discloses the portable communication device, wherein the outer surface of the hinge cover (3 in fig 6) is curved.
Re claim 16: Sun discloses the portable communication device, wherein the first non-conductive member (roller 52 in fig 4) is in contact with the outer surface of the hinge cover (3 in fig 4) during at least a portion of a transition between the folded state (see fig 7) of the housing and the unfolded state (see fig 5) of the housing.
Re claim 17: Sun discloses the portable communication device, wherein the first conductive end portion (plate-shaped body 51 in figs 3-4) comprises metal (the plate-shaped body 51 is a part of the first supporting plate 2 as shown in figs 3-4; herein, the first supporting plate 2 may be made of a metal according to column 3, lines 55-56).
Re claim 18: Sun discloses the portable communication device, wherein the first non-conductive member (roller 52 in fig 4) comprises one of a high-polymer material, rubber, silicone, sponge, or polycarbonate (see column 5, lines 50-52; herein, in order to guarantee the strength and surface smoothness of the roller 52, the roller 52 is made of such as rigid plastics).
Re claim 19: Sun discloses the portable communication device, wherein, during at least a portion of a transition between the folded state of the housing (see fig 7) and the unfolded state of the housing (see fig 5), the first non-conductive member (52) mitigates friction (see column 5, lines 15-17; herein, the bottom surface 36 of the guide component 3 is a polished surface and the surface of the roller 52 is a polished surface. In order to reduce the fabrication cost, only the portions where the bottom surface 36 of the guide component 3 contacts the roller 52 are polished in exemplary implementation).
Re claim 20: Sun discloses the portable communication device, wherein, during at least a portion of a transition between the folded state of the housing (see fig 7) and the unfolded state of the housing (see fig 5), the first non-conductive member suppress noise or wear (see column 5, lines 15-17; herein, the bottom surface 36 of the guide component 3 is a polished surface and the surface of the roller 52 is a polished surface. In order to reduce the fabrication cost, only the portions where the bottom surface 36 of the guide component 3 contacts the roller 52 are polished in exemplary implementation).
Allowable Subject Matter
Claims 12-13 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.
The best prior art of record, taken alone or in combination thereof, fails to teach a portable communication device including, along with other limitations, the hinge cover includes a first tip portion that is bent or protrudes outwardly toward the first housing structure such that, in the folded state of the housing, a second end surface that is of the first tip portion faces and is spaced apart from the first inner surface as set forth in the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nidhi Thaker whose telephone number is (571)270-3408. The examiner can normally be reached M, TH, F 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani Hayman can be reached at 571-270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NIDHI THAKER/Primary Examiner, Art Unit 2841
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