CTNF 19/192,788 CTNF 68132 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 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) 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. 08-34 AIA Claim s 14 and 15; 14, 15, 18 and 19; 16; and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 5; 4; 6; and 7, respectively , of U.S. Patent No. 12,321,109 . Although the claims at issue are not identical, they are not patentably distinct from each other because even though claims 5; 4; 6; and 7 of U.S. Patent No. 12,321,109 contain additional limitations, claims 5; 4; 6; and 7 of U.S. Patent No. 12,321,109 contain all of the limitations contained in claims 14 and 15; 14, 15, 18 and 19; 16; and 17, respectively . 08-36 AIA Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,321,109 in view of Nguyen (US 2020/0310337) . Claim 4 of U.S. Patent No. 12,321,109 contains limitations contained in claim 20, but does not contain the claimed urging member. Nguyen (…337) discloses an urging member (93) configured to urge a display member in a direction from a second position to a first position, wherein the display member moves from the first position to the second position by being pressed by a regulation member against an urging force of the urging member in a case where the regulation member is moved from a regulation position to an allowable position ([0071]-[0077]) [see Applicant’s claim 20]. 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 claimed urging member, since as disclosed by Nguyen (…337), such an urging member is well known in the art . Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 14, 15 and 18 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Nguyen (US 2020/0310337) . Nguyen (…337) discloses a display apparatus comprising: a cover provided with a window portion (254) ([0076]); and a display member (941) including a first display portion and a second display portion which is disposed at a position different from that of the first display portion (figures 17A and 18A), the display member being movable with respect to the cover between a first position in which the first display portion is visible through the window portion, and a second position in which the second display portion is visible through the window portion ([0076]; figures 17A and 18A) [see Applicant’s claim 14]. An operation member configured to be moved by a user operation, the operation member being transitioned between a regulating state where a movement of the operation member is regulated and an allowable state where the movement of the operation member is allowable ([0076]), wherein the display member is at the first position in a case where the operation member is in the regulating state, and the display member is at the second position in a case where the operation member is in the allowable state ([0076]; figures 17A and 18A) [see Applicant’s claim 15]. A regulation member configured to move between a regulation position and an allowable position, the regulation position being a position in which the regulation member regulates the movement of the operation member, the allowable position being a position in which the regulation member allows the movement of the operation member, wherein the display member is configured to move in conjunction with the regulation member so that the display member is in the first position when the regulation member is in the regulation position, and so that the display member is in the second position when the regulation member is in the allowable position ([0071]-[0077]) [see Applicant’s claim 18] . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen (US 2020/0310337) . Nguyen (…337) discloses the features mentioned previously, but does not disclose the display portion including a letter or color. It is considered to be merely an engineering decision to have the display portion include a letter [see Applicant’s claim 16] or a color [see Applicant’s claim 17]. 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 include the claimed letter or color, since such is considered to be merely an engineering decision . 07-21-aia AIA Claim s 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen (US 2020/0310337) in view of Kobayashi et al. (US 2021/0041803) . Nguyen (…337) discloses the features mentioned previously. Nguyen (…337) further discloses an urging member (93) configured to urge the display member in a direction from the second position to the first position, wherein the display member moves from the first position to the second position by being pressed by the regulation member against an urging force of the urging member in a case where the regulation member is moved from the regulation position to the allowable position ([0071]-[0077]) [see Applicant’s claim 20]. However, Nguyen (…337) does not disclose the claimed actuator and control unit. Kobayashi et al. (…803) disclose an actuator (7014) configured to move a regulation member (7013) between a regulation position and an allowable position; and a control unit (90) configured to control the actuator such that the regulation member is moved from the regulation position to the allowable position in a case where a predetermined condition is met ([0249]; [0253]-[0255]; and [0258]) [see Applicant’s claim 19]. 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 claimed actuator and control unit, since as disclosed by Kobayashi et al. (…803), it is well known in the art to have an actuator and a control unit to move a regulation member between a regulation position and an allowable position. Inquiry Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANDRA BRASE whose telephone number is (571)272-2131. The examiner can normally be reached M-F. 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, Walter Lindsay can be reached at 571-272-1674. 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. /SANDRA BRASE/Primary Examiner, Art Unit 2852 April 18, 2026 Application/Control Number: 19/192,788 Page 2 Art Unit: 2852 Application/Control Number: 19/192,788 Page 3 Art Unit: 2852 Application/Control Number: 19/192,788 Page 4 Art Unit: 2852 Application/Control Number: 19/192,788 Page 5 Art Unit: 2852 Application/Control Number: 19/192,788 Page 7 Art Unit: 2852 Application/Control Number: 19/192,788 Page 8 Art Unit: 2852
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