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 .
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).
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Claim 1-7, 9-10, 12-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 5-7 and 9-10 of copending Application No. 18/805.792. Although the claims at issue are not identical, they are not patentably distinct from each other because they are covering essentially the same subject matter. This is a provisional nonstatutory double patenting rejection.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant application (19/275.085) claim
US Patent Application 18/805.792 claim
1
1, 7, and 9
2
9
3
9
4
6
5
1
6
7
7
7
9
5
10
7
12
9
13
10
14
5 and 6
15
1
16
1, 7, and 9
17
1
18
9
19
6
20
5 and 6
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)(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.
Claim(s) 1-3, 5, 12-13, and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 2020.0162596).
Regarding claim 1, Kim disclose:
An electronic device comprising: a display; a housing including a support plate supporting at least one portion of the display, the support plate including a through hole formed through the support plate (see Fig. 1-2, 5, 8-9, 12-13; [0034-0050, 0097-0098, 0111-0120]; electronic device 100; housing/support plate 120/120; display 150/1250; through hole 117 in support plate)
a guide member disposed in the through hole, the guide member including a wiring hole formed through the guide member, and stopper walls; a fixing plate disposed between the stopper walls of the guide member (see Fig. 1-2, 5, 8-9, 12-13; [0034-0050, 0097-0098, 0111-0120]; guide member 900 in through hole 117 forming a wiring hole; stopper walls 901b/902b; fixing plate 903 disposed between stopper walls of guide member)
a flexible printed circuit board (FPCB) disposed to pass through the wiring hole, at least one portion of the FPCB attached to the fixing plate (see Fig. 1-2, 5, 8-9, 12-13; [0034-0050, 0097-0098, 0111-0120]; FPCB 200 disposed to pass through wiring hole and at least one portion attached at 903)
a waterproof member disposed in contact with an inner wall of the wiring hole and disposed between the at least one portion of the FPCB and the inner wall of the wiring hole (see Fig. 1-2, 5, 8-9, 12-13; [0034-0050, 0097-0098, 0111-0120]; water proof member 900 in contact with wall of hole 117 between FPCB 200 and inner wall of 117).
Regarding claim 2, the rejection of claim 1 is incorporated herein. Kim further disclose:
the guide member includes a seating groove formed between the stopper walls, and the fixing plate is disposed in the seating groove of the guide member (see Fig. 9; seating groove 901a/902a between stopper walls 901b/902b; fixing plate 903 disposed in seating groove)
Regarding claim 3, the rejection of claim 1 is incorporated herein. Kim further disclose:
a pair of the stopper walls are provided to face each other and disposed on portions of edges of the seating groove (see Fig. 9; stopper walls 901b/902b face each other at edges of seating groove 901a/902a)
Regarding claim 5, the rejection of claim 1 is incorporated herein. Kim further disclose:
the fixing plate is fixed on one surface of the at least one portion of the FPCB (see Fig. 1-2, 5, 8-9, 12-13; [0034-0050, 0097-0098, 0111-0120]; 903 on one surface of FPCB 200
Regarding claim 12, the rejection of claim 1 is incorporated herein. Kim further disclose:
the guide member includes a seating groove formed between the stopper walls, and wherein the at least one portion of the FPCB disposed in the wiring hole is fixed to the inner surface of the wiring hole adjacent to the seating groove (see Fig. 9; seating groove 901a/902a between stopper walls 901b/902b; FPCB in wiring hole fixed to inner surface adjacent to 901a/902a)
Regarding claim 13, the rejection of claim 1 is incorporated herein. Kim further disclose:
a first surface of the at least one portion of the FPCB is fixed to a first portion of the inner surface of the wiring hole, and the waterproof member is disposed between a second surface of the at least one portion of the FPCB and a second portion of the inner surface of the wiring hole (see Fig. 9; FPCB 200 fixed within wiring hole; water proof member 900 between second surface of FPCB and inner surface of wiring hole at 117)
Regarding claim 15, the rejection of claim 1 is incorporated herein. Kim further disclose:
the housing is a foldable housing including a first housing and a second housing, wherein the display is disposed on the first housing and the second housing, and wherein the support plate with the through hole is included in the first housing (see Fig. 1-2, 5, 8-9, 12-13; [0034-0050, 0097-0098, 0111-0120]; first housing 110 second housing 120; display 150/1250; support plate (part of 110) has through hole).
Regarding claim 16, Kim disclose:
An electronic device comprising: a display; a housing including a support plate supporting at least one portion of the display, the support plate including a through hole formed through the support plate (see Fig. 1-2, 5, 8-9, 12-13; [0034-0050, 0097-0098, 0111-0120]; electronic device 100; housing/support plate 120/120; display 150/1250; through hole 117 in support plate)
a guide member disposed in the through hole, the guide member including a wiring hole formed through the guide member, a first stopper wall formed at a first edge of an inner surface of the wiring hole, a second stopper wall formed at a second edge opposite to the first edge of the inner surface of the wiring hole, and a seating groove formed between the first stopper wall and the second stopper wall (see Fig. 9; guide member includes wiring hole 117; stopper walls 901b/902b on inner edge surfaces opposite each other; seating groove 901a/902a between 901b/902b);
a flexible printed circuit board (FPCB) disposed to pass through the wiring hole (see Fig. 1-2, 5, 8-9, 12-13; [0034-0050, 0097-0098, 0111-0120]; FPCB 200 to pass through 117)
at least one portion of the FPCB disposed in the wiring hole seated on the seating groove (see Fig. 9; FPCB disposed in wiring hole seated on 901a/902a)
a waterproof member disposed between the at least one portion of the FPCB disposed in the wiring hole and the inner surface of the wiring hole (see Fig. 1-2, 5, 8-9, 12-13; [0034-0050, 0097-0098, 0111-0120]; waterproof member 900 between FBPC in wiring hole and inner surface of 117)
Regarding claim 17, the rejection of claim 1 is incorporated herein. Kim further disclose:
the at least one portion of the FPCB disposed in the wiring hole includes a fixing plate (see Fig. 1-2, 5, 8-9, 12-13; [0034-0050, 0097-0098, 0111-0120]; FPCB portion has fixing plate 903)
Regarding claim 18, the rejection of claim 1 is incorporated herein. Kim further disclose:
at least one portion of the fixing plate is seated on the seating groove (see Fig. 9; 903 is seated on 901a/902a)
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.
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(s) 4, 6-7 and 9-11, 14, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020.0162596).
Regarding claim 4, the rejection of claim 2 is incorporated herein. While Kim Is not explicit as to the fixing plate 903, with water proofing capabilities, being a 'synthetic resin' or a 'metal material', however, [0044, 0057, 0115-0116] disclose a waterproofing material to be of rubber, polymer, etc. Thus, using a synthetic resin for the fixing member, in light of the Kim disclosure, would have been obvious to try by one of ordinary skill in the art at the time of applicant's filing, since there are a finite number of identified, predictable potential solutions (e.g., waterproofing materials) to be pursued by one of ordinary skill in the art with a reasonable expectation of success.
Regarding claim 6, the rejection of claim 1 is incorporated herein. While Kim Is not explicit as to the fixing plate 903 to incorporated a bonding material within the wiring hole and water proof member 900, however, [0044] disclose an additional adhesive layer (bonding material) within wiring holes. Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of applicant’s invention to further provide a bonding material to seal the wiring hole, which would predictably provide an additional water proofing capabilities, as well as stability to the connection.
Regarding claim 7, the rejection of claim 6 is incorporated herein. While Kim Is not explicit as to the fixing plate 903 to incorporated a bonding material within the wiring hole and water proof member 900, however, [0044] disclose an additional adhesive layer (bonding material) within wiring holes. Thus, using a bonding material between the water proofing member and the display, in light of the Kim disclosure, would have been obvious to try by one of ordinary skill in the art at the time of applicant's filing, since there are a finite number of identified, predictable potential solutions (e.g., waterproofing protection of the wiring hole) to be pursued by one of ordinary skill in the art with a reasonable expectation of success.
Regarding claim 9, the rejection of claim 1 is incorporate herein. While Kim Is not explicit as to the guide member 900, with water proofing capabilities, being a 'synthetic resin', however, [0044, 0057, 0115-0116] disclose a waterproofing material to be of rubber, polymer, etc. Thus, using a synthetic resin for the guide member, in light of the Kim disclosure, would have been obvious to try by one of ordinary skill in the art at the time of applicant's filing, since there are a finite number of identified, predictable potential solutions (e.g., waterproofing materials) to be pursued by one of ordinary skill in the art with a reasonable expectation of success.
Regarding claim 10, the rejection of claim 1 is incorporate herein. While Kim Is not explicit as to water proofing member 900 being a 'synthetic resin' or a 'metal material', however, [0044, 0057, 0115-0116] disclose a waterproofing material to be of rubber, polymer, etc. Thus, using a synthetic resin for the water proofing member, in light of the Kim disclosure, would have been obvious to try by one of ordinary skill in the art at the time of applicant's filing, since there are a finite number of identified, predictable potential solutions (e.g., waterproofing materials) to be pursued by one of ordinary skill in the art with a reasonable expectation of success.
Regarding claim 11, the rejection of claim 10 is incorporated herein. While Kim is not explicit as to the rubber, polymer, etc. being compressed. Such compression would have been necessitated by design in order, for example, for a rubber water proof member to be compressed to a specific size to fit within the wiring hole, in order to predictably provide the waterproofing seal of the wiring hole.
Regarding claim 14, the rejection of claim 1 is incorporate herein. Kim disclose:
the through hole is formed in a metal portion of the support plate and a guide member integrally formed with metal portion of the support plate in the through hole (see [0041, 0048]; where support plate is part of 120/110 is metal with through hole therein and the guide member 900 integrally formed therewith).
While Kim Is not explicit as to the guide member 900, with water proofing capabilities, being a 'synthetic resin', however, [0044, 0057, 0115-0116] disclose a waterproofing material to be of rubber, polymer, etc. Thus, using a synthetic resin for the guide member, in light of the Kim disclosure, would have been obvious to try by one of ordinary skill in the art at the time of applicant's filing, since there are a finite number of identified, predictable potential solutions (e.g., waterproofing materials) to be pursued by one of ordinary skill in the art with a reasonable expectation of success.
Regarding claim 19, the rejection of claim 17 is incorporated herein. While Kim Is not explicit as to the fixing plate 903, with water proofing capabilities, being a 'synthetic resin' or a 'metal material', however, [0044, 0057, 0115-0116] disclose a waterproofing material to be of rubber, polymer, etc. Thus, using a synthetic resin for the fixing member, in light of the Kim disclosure, would have been obvious to try by one of ordinary skill in the art at the time of applicant's filing, since there are a finite number of identified, predictable potential solutions (e.g., waterproofing materials) to be pursued by one of ordinary skill in the art with a reasonable expectation of success.
Regarding claim 20, the rejection of claim 16 is incorporated herein. Kim disclose:
the through hole is formed in a metal portion of the support plate and a guide member integrally formed with metal portion of the support plate in the through hole (see [0041, 0048]; where support plate is part of 120/110 is metal with through hole therein and the guide member 900 integrally formed therewith).
While Kim Is not explicit as to the guide member 900, with water proofing capabilities, being a 'synthetic resin', however, [0044, 0057, 0115-0116] disclose a waterproofing material to be of rubber, polymer, etc. Thus, using a synthetic resin for the guide member, in light of the Kim disclosure, would have been obvious to try by one of ordinary skill in the art at the time of applicant's filing, since there are a finite number of identified, predictable potential solutions (e.g., waterproofing materials) to be pursued by one of ordinary skill in the art with a reasonable expectation of success.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020.0162596) in view of Cho (US 2020.0333849).
Regarding claim 8, the rejection of claim 6 is incorporated herein. While Kim as made obvious at [0044] bonding material, it is not explicit as to, but Cho disclose:
a bonding material in a cured state (see [0096]; bonding material in cured (hardened) state).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of applicant’s invention, to combine the known techniques of Cho to that of Kim to predictably provide an additional water proofing function ([0096]).
Conclusion
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/kenneth bukowski/Primary Examiner, Art Unit 2621