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 .
Remarks
This Office Action is in response to the application filed on 04/30/25. Examiner acknowledged that claims 1-14 are pending.
The information disclosure statement (IDS) submitted on 05/08/25, 10/16/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,294,139. Although the claims at issue are not identical, they are not patentably distinct from each other because they contain essentially the same components and functionality.
Instant Application
Pat. No. 12,294,139
1. An electronic device, comprising:
a first housing;
a display unit included in the first housing; a second housing; and
a hinge configured to couple the first housing and the second housing, wherein the display unit comprises: a first printed circuit board (PCB);
a first antenna pattern at least partially disposed at a first side surface of the first housing adjacent to the hinge;
a conductive member electrically connected to the first antenna pattern; and
a first conductive plate electrically connected to at least a portion of the conductive member, and wherein the first antenna pattern is coupled to at least a portion of the conductive member using a first fastening member and a second fastening member.
2. The electronic device of claim 1, wherein the second housing comprises: a second conductive plate electrically connected to the first conductive plate; a third conductive plate electrically connected to the second conductive plate; and a second PCB at which a ground electrically connected to the third conductive plate is disposed.
1. (Currently Amended) An electronic device, comprising:
a display unit included in a first housing; a second housing; and
a hinge part configured to couple the first housing and the second housing, wherein the display unit comprises: a first printed circuit board (PCB);
a first antenna pattern at least partially disposed at a first side surface of the first housing adjacent to the hinge part;
a conductive member electrically connected to the first antenna pattern; and
a first conductive plate electrically connected to at least a portion of the conductive member, and wherein the second housing comprises: a second conductive plate electrically connected to the first conductive plate;
a third conductive plate electrically connected to the second conductive plate; and
a second PCB at which a ground electrically connected to the third conductive plate is disposed and wherein the conductive member is configured to shield at least one of noise or electromagnetic interference generated in the first PCB from the first antenna pattern.
Claims 3-14 are similarly rejected as they depend on the claims above.
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.
Claim(s) 1-2 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over machine translation of Jung (WO 2020085791 A1) in view of Shin (US 6957085).
Regarding Claim 1, Jung teaches an electronic device (Fig. 14: 1400, Fig. 3), comprising: a first housing (Fig. 3: 320); a display unit (Fig. 3: 402 part of 400) included in the first housing; a second housing (Fig. 3: 310); and a hinge (Fig. 3: 330) configured to couple the first housing and the second housing, wherein the display unit comprises: a first printed circuit board (PCB) (Fig. 5: 552); a first antenna pattern (Fig. 14: 1440 wireless communication circuit having antennas) at least partially disposed at a first side surface of the first housing adjacent to the hinge; a conductive member (Fig. 14: 1423a) electrically connected to the first antenna pattern; and a first conductive plate (Fig. 14: 1423).
Jung does not teach a first conductive plate electrically connected to at least a portion of the conductive member, and wherein the first antenna pattern is coupled to at least a portion of the conductive member using a first fastening member and a second fastening member.
Shin is in the field of antenna (abstract) and teaches a first conductive plate (Fig. 7: 41) electrically connected to at least a portion of the conductive member (Fig. 7: 69), and wherein the first antenna pattern (Fig. 7: 49 included in 40) is coupled to at least a portion of the conductive member using a first fastening member and a second fastening member (Fig. 7: 80, 81).
It would have been obvious to one of ordinary skill in the art before the effective filling of the claimed invention to modify the device of Jung with the antenna pattern coupled to the conductive member as taught by Shin in order to secure the antenna since that is the function of the fasteners.
Regarding Claim 2, the combination of Jung and Shin teach the electronic device of claim 1, wherein the second housing comprises: a second conductive plate (Fig. 14: 1411) electrically connected to the first conductive plate; a third conductive plate (Fig. 14: 1412) electrically connected to the second conductive plate; and a second PCB (Fig. 5: 551) at which a ground electrically connected to the third conductive plate is disposed.
Regarding Claim 10, the combination of Jung and Shin teach the electronic device of The electronic device of wherein the conductive member (Jung Fig. 14: 1423a) is disposed between the first antenna pattern and the first PCB (Jung Fig. 5: 552).
Regarding Claim 11, the combination of Jung and Shin teach the electronic device of The electronic device of wherein the conductive member is electrically connected to the first conductive plate using a contact part (Jung Fig. 14: 1423a is coupled to 1423 electrically).
Allowable Subject Matter
Claims 3-9 and 12-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the rejection above and in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY T LUONG whose telephone number is (571)270-7008. The examiner can normally be reached Monday-Thursday: 8:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander 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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/Henry Luong/Primary Examiner, Art Unit 2845
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