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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, claims 1-4 in the reply filed on 8/26/2026 is acknowledged.
Claims 5-14 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/26/2026.
Title
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
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 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,271,231 in view of Wurzel (US 8,797,474). U.S. Patent No. 12,271,231 teaches everything except the display panel which comprises an alignment mark; a notch extending in a thickness direction of the display panel is defined in the panel support member; the notch has a shape of a groove or a ditch recessed from a side surface of the panel support member; wherein the alignment mark overlaps the notch in the thickness direction of the display panel; an optical device which senses light, wherein the display panel comprises a light transmitting area which overlaps the optical device in the thickness direction of the display panel, and the panel support member comprises a through hole which overlaps the light transmitting area in the thickness direction of the display panel. However, Wurzel teaches a display panel (LCD, Fig. 9) which comprises an alignment mark (104, Fig. 9); a notch (116, Figs. 10-12) extending in a thickness direction of the display panel is defined in a panel support member (same as BLU, Fig. 9); the notch has a shape of a groove or a ditch recessed from a side surface of the panel support member (as shown in Figs. 10-12); wherein the alignment mark overlaps the notch in the thickness direction of the display panel (as shown in Figs. 9 and 11); an optical device (96, Fig. 9) which senses light, wherein the display panel comprises a light transmitting area (38, Fig. 9; note 38 is transparent) which overlaps the optical device in the thickness direction of the display panel, and the panel support member comprises a through hole (102, Fig. 9) which overlaps the light transmitting area in the thickness direction of the display panel; wherein the area of the light transmitting area is larger than the area of the through hole (as shown in Fig. 9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the display panel which comprises an alignment mark; a notch extending in a thickness direction of the display panel is defined in the panel support member; the notch has a shape of a groove or a ditch recessed from a side surface of the panel support member; wherein the alignment mark overlaps the notch in the thickness direction of the display panel; an optical device which senses light, wherein the display panel comprises a light transmitting area which overlaps the optical device in the thickness direction of the display panel, and the panel support member comprises a through hole which overlaps the light transmitting area in the thickness direction of the display panel in US Patent No. 12,271,231, as taught by Wurzel, in order to prevent misalignment of the display panel with the panel support member.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Min et a. (US 9,639,121; hereinafter “Min”) in view of Wurzel (US 8,797,474).
Regarding claims 1-4, Min teaches a foldable display device (Figs. 1A-8) comprising:
a display panel (DD, Figs. 1B, 1C); and
a panel support member (BS, Figs. 1A-1C) which is disposed on a surface (see surface of DD on BS in Figs. 1A-1C) of the display panel, the panel support member comprising:
a first layer (layer of ACL1 in the D1 direction only, Fig. 6) which has a first fiber yarn (fiber yarns of ACL1 in the D1 direction only in Fig. 6) extending in a second direction (D1, Fig. 6) intersecting a first direction (D2, Fig. 6);
a second layer (layer of ACL1 in the D2 direction only, Fig. 6) which has a second fiber yarn extending in the first direction (D2); and
a third layer (CL, Fig. 6) which has a third fiber yarn (fiber yarn of CL in the D1 direction only in Fig. 6) extending in the second direction.
Min does not teach the display panel comprises an alignment mark; a notch extending in a thickness direction of the display panel is defined; wherein the alignment mark overlaps the notch in the thickness direction of the display panel; an optical device which senses light, wherein the display panel comprises a light transmitting area which overlaps the optical device in the thickness direction of the display panel, and the panel support member comprises a through hole which overlaps the light transmitting area in the thickness direction of the display panel. However, Wurzel teaches a display panel (LCD, Fig. 9) which comprises an alignment mark (104, Fig. 9); a notch (116, Figs. 10-12) extending in a thickness direction of the display panel is defined in a panel support member (same as BLU, Fig. 9); the notch has a shape of a groove or a ditch recessed from a side surface of the panel support member (as shown in Figs. 10-12); wherein the alignment mark overlaps the notch in the thickness direction of the display panel (as shown in Figs. 9 and 11); an optical device (96, Fig. 9) which senses light, wherein the display panel comprises a light transmitting area (38, Fig. 9; note 38 is transparent) which overlaps the optical device in the thickness direction of the display panel, and the panel support member comprises a through hole (102, Fig. 9) which overlaps the light transmitting area in the thickness direction of the display panel; wherein the area of the light transmitting area is larger than the area of the through hole (as shown in Fig. 9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the display panel which comprises an alignment mark; a notch extending in a thickness direction of the display panel is defined in the panel support member; the notch has a shape of a groove or a ditch recessed from a side surface of the panel support member; wherein the alignment mark overlaps the notch in the thickness direction of the display panel; an optical device which senses light, wherein the display panel comprises a light transmitting area which overlaps the optical device in the thickness direction of the display panel, and the panel support member comprises a through hole which overlaps the light transmitting area in the thickness direction of the display panel in Min, as taught by Wurzel, in order to prevent misalignment of the display panel with the panel support member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hamburgen (US 2020/0171784) and Wilenski et al. (US 2013/0337222) discloses a foldable display device comprising: a display panel; and a panel support member which is disposed on a surface of the display panel, the panel support member comprising: a first layer which has a first fiber yarn extending in a second direction intersecting a first direction; a second layer which has a second fiber yarn extending in the first direction; and a third layer which has a third fiber yarn extending in the second direction.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES WU whose telephone number is (571)270-7974. The examiner can normally be reached Monday - Friday, 9:00AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen 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.
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/JAMES WU/ Primary Examiner, Art Unit 2841
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