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 .
This Office Action is in response to the Applicant’s communication filed on April 28, 2025. In virtue of this communication, claims 1-20 are currently presented in the instant application.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/875,177, filed on 07/27/2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/28/2025 and 9/18/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are 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 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 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 6-8 of U.S. Patent No. 12,300,875.
Although the claims at issue are not identical, they are not patentably distinct from each other because the above indicated claims of the instant application are either anticipated by, or would have been obvious over, the above identified claims of the above patent, including:
As claim 19: A display device comprising: a display panel; a frame positioned behind the display panel, and to which the display panel is coupled; and a communication module which protrudes from one side of the frame to an outside of the frame, and extends along the one side of the frame, wherein the communication module comprises: an antenna unit; a housing which provides an internal space in which the antenna unit is positioned; and a side member which is positioned between a side surface of the antenna unit and an inner side of the housing; wherein the antenna unit comprises: a plurality of front antennas provided on a front surface of the antenna unit; and a plurality of side antennas provided on the side surface of the antenna unit, wherein the side member is in contact with the inner side of the housing and is spaced apart from the plurality of side antennas, and wherein the side member is obliquely disposed with respect to the side surface of the antenna unit (see claims 1 and 6-8 of the above patent).
As claim 20: A display device comprising: a display panel; a frame positioned behind the display panel, and to which the display panel is coupled; and a communication module which protrudes from one side of the frame to an outside of the frame, and extends along the one side of the frame, wherein the communication module comprises: a first antenna unit; a second antenna unit which is spaced apart from the first antenna unit in a length direction of the communication module; a housing which provides an internal space in which the first and second antenna units are positioned; a first side member which is positioned between a first portion of the housing and the first antenna unit; and a second side member which is positioned between a second portion of the housing opposite the first portion and the second antenna unit, wherein the first antenna unit comprises: a plurality of first front antennas provided on a front surface of the first antenna unit; and a plurality of first side antennas provided on a side surface of the first antenna unit which faces the first side member, wherein the first side member is in contact with an inner side of the first portion of the housing and is spaced apart from the plurality of first side antennas, and wherein the first side member is obliquely disposed with respect to the side surface of the first antenna unit (see claims 1 and 6-8 of the above patent).
Allowable Subject Matter
Claims 1-18 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Prior art of record fails to disclose or fairly suggest the following limitations:
A display device comprising: … “wherein the antenna unit comprises: a plurality of front antennas provided on a front surface of the antenna unit; and a plurality of side antennas provided on the side surface of the antenna unit, wherein the side member is in contact with the inner side of the housing and is spaced apart from the plurality of side antennas, and wherein a first gap length between an upper end of the side member and the side antenna is longer than a second gap length between a lower end of the side member and the side antenna”, in combination with the remaining claimed limitations as claimed in independent claim 1 (claims 2-18 would be allowable as being dependent on claim 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Prior art Kim et al. – US 11,870,150
Prior art Kanaya – US 2019/0220123
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUNG X LE whose telephone number is (571)272-6010. The examiner can normally be reached Monday to Friday from 10am to 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander H. Taningco can be reached at 571-272-8048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG X LE/Primary Examiner, Art Unit 2845 June 2, 2026
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