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 .
Response to Arguments
Examiner has carefully considered Applicant’s Remarks dated 6/29/2026.
The objection to claim 9 is overcome as a result of the amendments to claim 9 correcting the informality.
As for Applicant’s argument regarding the amendments to independent claim 1 overcoming the art: “However, the present application receives a touch input to change the brightness of the display based on the contact surface of the touch input. This means that the user does not need to find any user interface or "icon" displayed on the display when the user cannot recognize which UI is displayed because of the strong ambient light.” (Remarks, page 13); the recitation in claim 1 “based on the contact surface of the touch input” may be simply interpreted as based on the touch input on the contact surface. It is not clear what special role the contact surface plays.
As for Applicant’s argument regarding the amendments to independent claim 1 overcoming the art: “Furthermore, the electronic device of the present application accurately identifies the user's intention for changing the brightness of the display. Therefore, the power efficiency of the electronic device can be improved because the electronic device does not need to respond to the user's unintended touch input.” (Remarks, page 13); power efficiency is not recited in claim 1.
Accordingly, amended independent claim 1 remains rejected. The similarly amended independent claim 18 remains rejected as well. The dependent claims also remain rejected.
Claim Objections
Claims 1 and 18 are objected to because of the following informalities: “based on determination that the user input is corresponding to the preset gesture,” There is no antecedent basis for “the preset gesture”. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “identify a first portion of the display for adjusting a brightness of the display and a second portion of the display different from the first portion;” is repeated.
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)(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.
Claims 1-6, 8-11, and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Noh (US 2022/0019336 A1).
Instant Claim 1: An electronic device comprising: a display; (“The mobile terminal includes … a display,” (Noh, abstract) The mobile terminal of Noh corresponds to the electronic device of the claim.)
a touch sensor; (“The flexible display unit 151 (fig 1) may be combined with a touch sensor to implement a flexible touch screen.” (Noh, paragraph 91))
memory comprising one or more storage media storing instructions; (“For instance, the memory 170 (fig 1) may be configured to store application programs executed in the mobile terminal 100, data or instructions for operations of the mobile terminal 100, and the like.” (Noh, paragraph 80))
and at least one processor comprising processing circuitry, (“For example, the controller 180 (fig 1) may be a circuit board 181 including a processor and an electronic circuit for controlling the operation of the mobile terminal,” (Noh, paragraph 107) The processor of Noh contains processing circuitry.)
wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: display a screen with a first brightness on the display; while displaying the screen, receive a user input on the display; determine whether the user input is corresponding to the preset gesture; based on determination that the user input is corresponding to the preset gesture, (“More specifically, after touching the first region 1511 (fig 15A) of the icon 1510, the user may drag the first region 1511 to the first dial indicator 1521 while maintaining touch.” (Noh, paragraph 251) The drag operation of the user of Noh corresponds to the user input and preset gesture of the claim.
In addition, referring to fig 15A of Noh, the display presents a certain brightness during the user’s drag operation, corresponding to the first brightness of the claim.)
identify a first portion of the display for adjusting a brightness of the display and a second portion of the display different from the first portion; change a brightness of the first portion from the first brightness to a second brightness exceeding the first brightness; (“Accordingly, the mobile terminal may adjust the brightness of a first application 1531 (fig 15A) which is being executed in the first region of the display corresponding to the first region 1511 of the icon 1510 to 75%.” (Noh, paragraph 252) Therefore, only a first region of the display of Noh has its brightness adjusted.)
and based on the preset gesture identified based on the contact surface, display a visual object for receiving a user input to adjust the brightness of the first portion. (Referring to fig 15A of Noh, the first dial indicator 1521 corresponds to the visual object of the claim.)
Instant Claim 2: The electronic device of claim 1, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: change, in a state that the touch input is corresponding to the preset gesture based on contact points which are included in the contact surface greater than a preset number and are arranged along a preset direction, the brightness of the first portion to the second brightness greater than the first brightness. (“More specifically, after touching the first region 1511 (fig 15A) of the icon 1510, the user may drag the first region 1511 to the first dial indicator 1521 while maintaining touch. … Accordingly, the mobile terminal may adjust the brightness of a first application 1531 which is being executed in the first region of the display corresponding to the first region 1511 of the icon 1510 to 75%.” (Noh, paragraphs 251-252))
Instant Claim 3: The electronic device of claim 2, further comprising: a photoresistor, and wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: obtain, in the state, whether to change the brightness of the first portion to the second brightness based on data outputted from the photoresistor. (“For example, the sensing unit 140 (fig 1) may alternatively or additionally include other types of sensors or devices, such as a proximity sensor 141 and an illumination sensor 142,” (Noh paragraph 74) The illumination sensor 142 of Noh corresponds to the photoresistor of the claim.)
Instant Claim 4: The electronic device of claim 2, further comprising, an accelerometer; (“For example, the sensing unit 140 (fig 1) may alternatively or additionally include other types of sensors or devices, such as … an acceleration sensor,” (Noh, paragraph 74) The acceleration sensor of Noh corresponds to the accelerometer of the claim.)
and wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: obtain, in the state, whether to change the brightness of the first portion to the second brightness, based on whether a direction of the display is directed to a preset direction that is identified by data outputted from the accelerometer. (“In this connection, the information related to the deformation may include a direction in which the flexible display unit 151 (fig 1) is deformed, a degree of the deformation, a deformed position, a deformed time, an acceleration at which the deformed flexible display unit 151 is restored, and the like.” (Noh, paragraph 95))
Instant Claim 5: The electronic device of claim 2, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: based on the brightness of the first portion changed from the first brightness to the second brightness, further display a visual object for receiving a user input to adjust a brightness of the second portion. (“Referring to the right drawing of FIG. 12, the mobile terminal may control output of an icon 1220 according to the first signal 1210.” (Noh, paragraph 211) Referring to fig 12 of Noh, when the user touches center point 1201 (“visual object”), the user then has the ability to adjust a brightness on the display.)
Instant Claim 6: The electronic device of claim 2, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: change, in another state that the touch input is corresponding to another preset gesture identified based on the contact points arranged along another direction which is perpendicular to the preset direction, a brightness of the screen to a third brightness lower than the first brightness. (“More specifically, after touching the first region 1511 (fig 15A) of the icon 1510, the user may drag the first region 1511 to the first dial indicator 1521 while maintaining touch. … Accordingly, the mobile terminal may adjust the brightness of a first application 1531 which is being executed in the first region of the display corresponding to the first region 1511 of the icon 1510 to 75%.” (Noh, paragraphs 251-252) Referring to fig 15A of Noh, the user’s drag gesture may be in any direction.)
Instant Claim 8: The electronic device of claim 1, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: change, in a state that the touch input is corresponding to the preset gesture identified based on the contact points greater than a preset number, which are arranged along a closed curve, the brightness of the first portion to the second brightness lower than the first brightness. (“More specifically, after touching the first region 1511 (fig 15A) of the icon 1510, the user may drag the first region 1511 to the first dial indicator 1521 while maintaining touch. … Accordingly, the mobile terminal may adjust the brightness of a first application 1531 which is being executed in the first region of the display corresponding to the first region 1511 of the icon 1510 to 75%.” (Noh, paragraphs 251-252) The drag gesture of Noh involves one contact point – greater than zero contact points.
In addition, the brightness level may be adjusted to be less than or greater than the current level.)
Instant Claim 9: The electronic device of claim 8, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: identify, based on a preset closed curve formed in the display, and distances between the contact points, whether the contact points are corresponding to the preset gesture. (“More specifically, after touching the first region 1511 (fig 15A) of the icon 1510, the user may drag the first region 1511 to the first dial indicator 1521 while maintaining touch. In this case, a function controlled by the icon 1510 may be a brightness adjustment function and the first dial indicator 1521 may be an indicator having a brightness of 75%.” (Noh, paragraph 251))
Instant Claim 10: The electronic device of claim 8, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: identify, based on the preset type for classifying at least one of a quick response (QR) code, an image, a video, a software keyboard, a text box to receive a password, an image, or a video, at least one first visual object positioned at the first portion. (“Accordingly, the mobile terminal may adjust the brightness of a first application 1531 (fig 15A) which is being executed in the first region of the display corresponding to the first region 1511 of the icon 1510 to 75%.” (Noh, paragraph 252) The first application 1531 of Noh is an image appearing on the screen.)
Instant Claim 11: The electronic device of claim 1, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: identify, based on differences of coordinates in axes which are perpendicular to each other, whether the touch input is corresponding to the preset gesture. (“More specifically, after touching the first region 1511 (fig 15A) of the icon 1510, the user may drag the first region 1511 to the first dial indicator 1521 while maintaining touch. In this case, a function controlled by the icon 1510 may be a brightness adjustment function and the first dial indicator 1521 may be an indicator having a brightness of 75%.” (Noh, paragraph 251) The user of Noh performs a drag operation over a certain distance – therefore, there are differences in coordinates in the perpendicular x-axis and y-axis from the start position to the end position of the user’s touch.)
Instant Claim 18: (Claim 18 is substantially identical to claim 1, and thus, is rejected under similar rationale. The non-transitory computer readable storage medium of claim 18 corresponds to the memory of claim 1.)
Instant Claim 19: (Claim 19 is substantially identical to claim 2, and thus, is rejected under similar rationale.)
Instant Claim 20: (Claim 20 is substantially identical to claim 3, and thus, is rejected under similar rationale.)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Noh in view of Choi (US 2017/0206049 A1).
Instant Claim 7: The electronic device of claim 6, further comprising, a Hall sensor, (Noh teaches the mobile terminal in accordance with claim 6, but does not explicitly disclose the use of a Hall sensor. However, in the same field of endeavor, Choi teaches the use of a Hall sensor for an electronic device: “For example, the geomagnetic sensor or the hall sensor is used to detect the magnetic material attached to the first display 410 (fig 4) or the second display 420, and provides data to measure an angle between the first display 410 and the second display 420.” (Choi, paragraph 135))
wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: identify data associated with the display, which is a flexible display that is foldable along a folding axis, from the Hall sensor; and based on identifying the data associated with the display indicating that the display is folded along the folding axis by a preset angle range from the Hall sensor in the another state, change a brightness of a second portion different from the first portion including the contact points among portions of the display distinguished by the folding axis, to the third brightness, and maintain the brightness of the first portion as the first brightness. (“The flexible display unit 151 (fig 1) may be a display unit capable of maintaining a flat state like a conventional flat panel display and capable of warping, bending, folding, twisting, or rolling like paper.” (Noh, paragraph 88) When the Hall sensor of Choi is incorporated into Noh, Noh may use information on the state of the folding angle of the flexible display unit 151 to determine which area of the flexible display unit 151 should have its brightness adjusted.)
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the mobile terminal as taught by Noh, wherein the display is flexible and foldable; with the electronic device as taught by Choi, wherein a Hall sensor is used to measure the angle between the first display and the second display. “For example, the geomagnetic sensor or the hall sensor is used to detect the magnetic material attached to the first display 410 (fig 4) or the second display 420, and provides data to measure an angle between the first display 410 and the second display 420.” (Choi, paragraph 135)
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yaron Cohen whose telephone number is (571)270-7995. The examiner can normally be reached Monday - Friday 8:30 AM to 5:00 PM.
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/YARON COHEN/
Examiner, Art Unit 2626
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