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 .
DETAILED ACTION
This action is responsive to the application filed September 8, 2025, claims 1-20 are presented for examination. Claims 1 and 11 are independent claims.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119(a)-(d), and based on application # 10-2020-0097145 filed in Republic of Korea on August 4, 2020 which papers have been placed of record in the file.
Oath/Declaration
The Office acknowledges receipt of a properly signed Oath/Declaration submitted September 8, 2025.
Information Disclosure Statement
The Applicant’s Information Disclosure Statement filed (September 8, 2025 and March 24, 2026) has been received, entered into the record, and considered.
Drawings
The drawings filed September 8, 2025 are accepted by the examiner.
Abstract
The abstract filed September 8, 2025 is accepted 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 obviousness-type 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 Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CPR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-15 of application No. 18745465 Patent 12411645 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims recite a portable communication device, comprising: a foldable housing comprising a first housing and a second housing that are foldable with respect to each other around a folding axis; a hinge module rotatably connected with each of the first housing and the second housing; a first display comprising a first display area and a second display area accommodated in the first housing and the second housing, respectively; a second display accommodated in the first housing and facing opposite to the first display; a plurality of sensors; a processor; and memory storing instructions, wherein the instructions, when executed by the processor, cause the portable communication device to: display content via the first display extended over the first display area and the second display area; while the content is displayed via the first display, detect, using at least one sensor of the plurality of sensors, the first housing or the second housing being folded with respect to each other; and based at least in part on the first housing or the second housing being folded with respect to each other within a predetermined first range of degrees: display, in a first orientation, a first portion of the content and a second portion of the content in the first display area and the second display area of the first display, respectively, based at least in part on the first housing being on a plane and the second housing being off the plane; and display, in a second orientation different from the first orientation, the first portion of the content and the second portion of the content in the second display area and the first display area of the first display, respectively, based at least in part on the first housing being off the plane and the second housing being on the plane, therefore the same limitations as claimed in application No. 18745465 Patent 12411645 B2.
This is an obviousness-type double patenting rejection.
Application 19322023
Application 18745465 Patent 12411645 B2
A portable communication device, comprising: a foldable housing comprising a first housing and a second housing that are foldable with respect to each other around a folding axis; a hinge module rotatably connected with each of the first housing and the second housing; a first display comprising a first display area and a second display area accommodated in the first housing and the second housing, respectively; a second display accommodated in the first housing and facing opposite to the first display; a plurality of sensors; a processor; and memory storing instructions, wherein the instructions, when executed by the processor, cause the portable communication device to: display content via the first display extended over the first display area and the second display area; while the content is displayed via the first display, detect, using at least one sensor of the plurality of sensors, the first housing or the second housing being folded with respect to each other; and based at least in part on the first housing or the second housing being folded with respect to each other within a predetermined first range of degrees: display, in a first orientation, a first portion of the content and a second portion of the content in the first display area and the second display area of the first display, respectively, based at least in part on the first housing being on a plane and the second housing being off the plane; and display, in a second orientation different from the first orientation, the first portion of the content and the second portion of the content in the second display area and the first display area of the first display, respectively, based at least in part on the first housing being off the plane and the second housing being on the plane.
A portable communication device comprising: a first housing comprising a first surface and a second surface opposite to each other; a second housing comprising a third surface and a fourth surface opposite to each other; a hinge structure foldably connected to the first housing and the second housing such that the first surface and the third surface face a same direction when the portable communication device is unfolded; a flexible display accommodated in the first housing and the second housing, and capable of bending when the portable communication device is at least partially folded; one or more sensors configured to obtain sensor data corresponding to a movement of at least one of the first housing or the second housing; a processor operatively coupled with the flexible display and the one or more sensors, and memory storing instructions which, when executed by the processor, cause the portable communication device to: while the portable communication device is in an unfolded state, display, via the flexible display, content in a first display direction; and based on the portable communication device being partially folded from the unfolded state: identify, based at least in part on the sensor data, an angle between the first housing and the second housing while the content is displayed; display, via the flexible display, the content in a second display direction different from the first display direction based on the portable communication device being in a first configuration in which the angle is within a first range and the first housing is in a plane that is substantially perpendicular to a direction of gravity; and display, via the flexible display, the content in a third display direction different from each of the first display direction and the second display direction based on the portable communication device being rotated to a second configuration from the first configuration in which the angle remains in the first range and the second housing is in the plane that is substantially perpendicular to the direction of gravity.
11
10
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 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 of this title, 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, 2, 6-12 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (IDS submitted prior art US 20170221456 A1) in view of Seo (IDS submitted prior art US 20130321340 A1).
As to Claim 1:
Kim et al. discloses a portable communication device (Kim, see Abstract, where Kim discloses an electronic device is provided. The electronic device includes a display positioned on at least a surface of a housing of the electronic device, at least one sensor configured to sense a bend of the display and amount of the electronic device, and a processor configured to control a running of an application, obtain information relating to a shape of the bend of the display and a form of the mount of the electronic device based on information sensed by the at least one sensor, determine a transformation type of the display based on the information relating to the shape of the bend and the form of the mount, when the electronic device is mounted in the determined transformation type, determine at least one display area in the display according to a first function of the application corresponding to the transformation type, and perform control to display an object relating to the first function on the determined display area), comprising: a foldable housing (Kim, see figure 6) comprising a first housing (Kim, see 310 in figure 3) and a second housing that are foldable (Kim, see 321 with number 3 in figure 3) with respect to each other around a folding axis (Kim, see 907 in figure 9A; a first display comprising a first display area and a second display area accommodated in the first housing and the second housing (Kim, see sensor module 2340 in figure 23 and paragraph [0086], where Kim discloses that when the electronic device 300 is bent along the dotted line, the screen of the first display 310 may be divided into a first display area 311 and a second display area 313), respectively; a second display (Kim, see 2115 in figure 21) accommodated in the first housing (Kim, see 2001 in figure 21) and facing opposite to the first display (Kim, see 2115 opposite the first display 2111 in figure 21); a plurality of sensors; a processor; and memory storing instructions, wherein the instructions, when executed by the processor, cause the portable communication device (Kim, see sensor module 2340 in figure 23 and paragraph [0086], where Kim discloses that referring to FIG. 3, the electronic device 300 ( e.g., the electronic device 101 of FIG. 1 or the electronic device 200 of FIG. 2) may include sensors 315 and 317 (e.g., an illumination sensor or touch sensor) for sensing whether an upper portion and lower portion of a first display 310 formed on a first surface ( e.g., an inner surface) of the housing are brought in contact with a floor. When the electronic device 300 is bent along the dotted line, the screen of the first display 310 may be divided into a first display area 311 and a second display area 313) to: display content via the first display extended over the first display area and the second display area (Kim, see figure 21); while the content is displayed via the first display, detect, using at least one sensor of the plurality of sensors, the first housing or the second housing being folded with respect to each other (Kim, see figure 7); and based at least in part on the first housing or the second housing being folded with respect to each other within a predetermined first range of degrees (Kim, see paragraph [0109], where Kim discloses that the feature information may include at least one of information about, e.g., the position of the camera module, the position of the speaker, and whether the display area is the display formed on the inside (e.g., the first surface) or on the outside (e.g., the second surface) and information about the number of display areas into which the display is divided, and the direction and degree ( e.g., angle) of the bend): display, in a first orientation (Kim, see 2115 in figure 21), a first portion of the content (Kim, see 2115 in figure 21) and a second portion of the content in the first display area (Kim, see 2111 in figure 21) and the second display area of the first display (Kim, see 2113 in figure 21), respectively, based at least in part on the first housing being on a plane (Kim, see 2113 in figure 21) and the second housing being off the plane (Kim, see 2111 and 2115 in figure 21); and display, in a second orientation (Kim, see 2211, 2201 and 2215 before and after event occurs in figure 22) different from the first orientation (Kim, see figure 21), the first portion of the content and the second portion of the content in the second display area and the first display area of the first display (Kim, see figure 22), respectively, based at least in part on the first housing being off the plane and the second housing being on the plane (Kim, see various configurations of the first and second housing in B-1 through F-2 in figure 7) .
Kim differs from the claimed subject matter in that Kim does not explicitly discloses a hinge module rotatably connected with each of the first housing and the second housing.
However in an analogous art, Seo discloses a hinge module rotatably connected with each of the first housing (Seo, see 2 in figure 2) and the second (Seo, see 4 in figure 2) housing.(Seo, see 6 in figure 2 and paragraph [0105], where Seo discloses that the touch screen is implemented by one panel ( or tablet) and displays one or a plurality of task screens corresponding to one or a plurality of applications under a control of the controller. In another embodiment, the touch screen display is implemented by two panels which are physically separated and mutually connected with each other by a predetermined connector, and the panels may be folded in or folded out by a predetermined angle with respect to the connector. Here, the connector may be a hinge, a flexible connector, or a part of a flexible touch screen).
It would have been obvious to one of ordinary skill in the art to modify the invention of Kim with Seo. One would be motivated to modify Kim by disclosing a hinge module rotatably connected with each of the first housing and the second housing as taught by Seo, and thereby a more advanced portable device can detect a touch gesture, a motion or a pose of the portable device, and a motion or a shape of the user as an input, as well as an input of a hard or soft key (Seo, see paragraph [0008]).
As to Claim 2:
Kim in view of Seo discloses that the portable communication device of claim 1, wherein the instructions, when executed by the processor, cause the portable communication device to: based at least in part on the first housing or the second housing being folded within a predetermined second range of degrees smaller than the predetermined first range of degrees, display the content via the second display instead of the first display (Seo, see 1500a and 4 in figure 25B).
As to Claim 6:
Kim in view of Seo discloses the portable communication device of claim 1, wherein the instructions, when executed by the processor, cause the portable communication device to: display the content via the first display (Kim, see 1901 in figure 19) such that multimedia content and a graphical controller corresponding thereto are displayed as part of the first portion of the content (Kim, see 1913 in figure 19) and the second portion of the content (Kim, see 1911 in figure 19), respectively (Kim, see figure 19).
As to Claim 7:
Kim in view of Seo discloses that the portable communication device of claim 1, wherein the instructions, when executed by the processor, cause the portable communication device to: display the content via the first display in a fifth orientation different from each of the first orientation and the second orientation based at least in part on each of the first housing and the second housing being off the plane with the folding axis angled with respect to the plane (Kim, see B-2 and F-2 in figure 7) .
As to Claim 8:
Kim in view of Seo discloses that the portable communication device of claim 1, wherein the instructions, when executed by the processor, cause the portable communication device to: identify a folding angle between the first housing and the second housing (Kim, see paragraph [0109], where Kim discloses that the feature information may include at least one of information about, e.g., the position of the camera module, the position of the speaker, and whether the display area is the display formed on the inside (e.g., the first surface) or on the outside (e.g., the second surface) and information about the number of display areas into which the display is divided, and the direction and degree ( e.g., angle) of the bend).
As to Claim 9:
Kim in view of Seo discloses that the portable communication device of claim 8, wherein the at least one sensor comprises a first sensor and a second sensor accommodated in the first housing and the second housing, respectively, and wherein the instructions, when executed by the processor, cause the portable communication device to identify the folding angle using the first sensor and the second sensor (Kim, see paragraph [0062], where Kim discloses that the processor 210 may obtain information relating to the bent shape according to the transformation of the display 220 using at least one of the direction bent, rotation angle, resistance, and inter-gravity sensor distance of the display 220. The processor 210 may obtain information relating to the type in which the electronic device 200 is positioned using at least one sensor (e.g., a contact sensor, camera sensor, gravity sensor, or a slope sensor). The processor 210 may determine the type of transformation according to the shape of the electronic device 200, i.e., the changed shape of the display 220, based on the information relating to the bent shape of the display 220 and the information relating to the type of the position).
As to Claim 10:
Kim in view of Seo discloses that the portable communication device of claim 1, wherein the instructions, when executed by the processor, cause the portable communication device to: based at least in part on the first housing or the second housing being folded within a predetermined third range of degrees larger than the predetermined first range of degrees, maintain the displaying of the content via the first display (Seo, see 1500a and 4 in figure 25B).
As to Claim 11:
Kim et al. discloses an operation method of a portable communication device (Kim, see Abstract, where Kim discloses an electronic device is provided. The electronic device includes a display positioned on at least a surface of a housing of the electronic device, at least one sensor configured to sense a bend of the display and amount of the electronic device, and a processor configured to control a running of an application, obtain information relating to a shape of the bend of the display and a form of the mount of the electronic device based on information sensed by the at least one sensor, determine a transformation type of the display based on the information relating to the shape of the bend and the form of the mount, when the electronic device is mounted in the determined transformation type, determine at least one display area in the display according to a first function of the application corresponding to the transformation type, and perform control to display an object relating to the first function on the determined display area) comprising a first housing (Kim, see 310 in figure 3), a second housing (Kim, see 321 with number 3 in figure 3), the operation method comprising: displaying content, via a first display of the portable communication device, extended over a first display area and a second display area of the first display (Kim, see figure 21); while the content is displayed via the first display, detecting, using at least one sensor of a plurality of sensors of the portable communication device, the first housing or the second housing being folded with respect to each other (Kim, see figure 7); and based at least in part on the first housing or the second housing being folded with respect to each other within a predetermined first range of degrees (Kim, see paragraph [0109], where Kim discloses that the feature information may include at least one of information about, e.g., the position of the camera module, the position of the speaker, and whether the display area is the display formed on the inside (e.g., the first surface) or on the outside (e.g., the second surface) and information about the number of display areas into which the display is divided, and the direction and degree ( e.g., angle) of the bend): displaying, in a first orientation (Kim, see 2115 in figure 21), a first portion of the content (Kim, see 2115 in figure 21) and a second portion of the content in the first display area (Kim, see 2111 in figure 21) and the second display area of the first display (Kim, see 2113 in figure 21), respectively, based at least in part on the first housing being on a plane (Kim, see 2113 in figure 21) and the second housing being off the plane( Kim, see 2111 and 2115 in figure 21); and displaying, in a second orientation (Kim, see 2211, 2201 and 2215 before and after event occurs in figure 22) different from the first orientation (Kim, see figure 21), the first portion of the content and the second portion of the content in the second display area and the first display area of the first display (Kim, see figure 22), respectively, based at least in part on the first housing being off the plane and the second housing being on the plane (Kim, see various configurations of the first and second housing in B-1 through F-2 in figure 7).
Kim differs from the claimed subject matter in that Kim does not explicitly discloses a hinge module rotatably connected with each of the first housing and the second housing.
However in an analogous art, Seo discloses a hinge module rotatably connected with each of the first housing (Seo, see 2 in figure 2) and the second (Seo, see 4 in figure 2) housing.(Seo, see 6 in figure 2 and paragraph [0105], where Seo discloses that the touch screen is implemented by one panel ( or tablet) and displays one or a plurality of task screens corresponding to one or a plurality of applications under a control of the controller. In another embodiment, the touch screen display is implemented by two panels which are physically separated and mutually connected with each other by a predetermined connector, and the panels may be folded in or folded out by a predetermined angle with respect to the connector. Here, the connector may be a hinge, a flexible connector, or a part of a flexible touch screen).
It would have been obvious to one of ordinary skill in the art to modify the invention of Kim with Seo. One would be motivated to modify Kim by disclosing a hinge module rotatably connected with each of the first housing and the second housing as taught by Seo, and thereby a more advanced portable device can detect a touch gesture, a motion or a pose of the portable device, and a motion or a shape of the user as an input, as well as an input of a hard or soft key (Seo, see paragraph [0008]).
As to Claim 12:
Kim in view of Seo discloses that the operation method of claim 11, further comprising: based at least in part on the first housing or the second housing being folded within a predetermined second range of degrees smaller than the predetermined first range of degrees, displaying, via a second display of the portable communication device instead of the first display, the content (Seo, see 1500a and 4 in figure 25B).
As to Claim 16:
Kim in view of Seo discloses that the operation method of claim 11, wherein the displaying content via the first display comprises: displaying the content via the first display (Kim, see 1901 in figure 19) such that multimedia content and a graphical controller corresponding thereto are displayed as part of the first portion of the content Kim, see 1913 in figure 19) and the second portion of the content (Kim, see 1911 in figure 19), respectively (Kim, see figure 19).
As to Claim 17:
Kim in view of Seo discloses that the operation method of claim 11, further comprising: display the content via the first display in a fifth orientation different from each of the first orientation and the second orientation based at least in part on each of the first housing and the second housing being off the plane with a folding axis angled with respect to the plane (Kim, see B-2 and F-2 in figure 7).
As to Claim 18:
Kim in view of Seo discloses that the operation method of claim 11, wherein the detecting the first housing or the second housing being folded with respect to each other comprises: identifying a folding angle between the first housing and the second housing (Kim, see paragraph [0109], where Kim discloses that the feature information may include at least one of information about, e.g., the position of the camera module, the position of the speaker, and whether the display area is the display formed on the inside (e.g., the first surface) or on the outside (e.g., the second surface) and information about the number of display areas into which the display is divided, and the direction and degree ( e.g., angle) of the bend).
As to Claim 19:
Kim in view of Seo discloses that the operation method of claim 18, wherein the at least one sensor comprises a first sensor and a second sensor accommodated in the first housing and the second housing, respectively, and wherein the detecting the first housing or the second housing being folded with respect to each other comprises: identify the folding angle using the first sensor and the second sensor (Kim, see paragraph [0062], where Kim discloses that the processor 210 may obtain information relating to the bent shape according to the transformation of the display 220 using at least one of the direction bent, rotation angle, resistance, and inter-gravity sensor distance of the display 220. The processor 210 may obtain information relating to the type in which the electronic device 200 is positioned using at least one sensor (e.g., a contact sensor, camera sensor, gravity sensor, or a slope sensor). The processor 210 may determine the type of transformation according to the shape of the electronic device 200, i.e., the changed shape of the display 220, based on the information relating to the bent shape of the display 220 and the information relating to the type of the position)..
As to Claim 20:
Kim in view of Seo discloses that the operation method of claim 11, further comprising: based at least in part on the first housing or the second housing being folded within a predetermined third range of degrees larger than the predetermined first range of degrees, maintaining the displaying of the content via the first display (Seo, see 1500a and 4 in figure 25B).
Allowable Subject Matter
Claims 3, 4, 5, 13, 14 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Referring to claim 3, the following is a statement of reasons for the indication of allowable subject matter: the prior art fail to suggest limitations “wherein the instructions, when executed by the processor, cause the portable communication device to: display the content via the second display in a third orientation based at least in part on the second housing being in a first position with respect to a plane, and in a fourth orientation different from the third orientation based at least in part on the second housing being in a second position different from the first position with respect to the plane”.
Referring to claim 4, the following is a statement of reasons for the indication of allowable subject matter: the prior art fail to suggest limitations “wherein the instructions, when executed by the processor, cause the portable communication device to: identify the first position based at least in part on the second housing being substantially on the plane and the first housing at least partially facing the second housing; and identify the second position based at least in part on each of the first housing and the second housing being at least partially off the plane”.
Referring to claim 5, the following is a statement of reasons for the indication of allowable subject matter: the prior art fail to suggest limitations “wherein the instructions, when executed by the processor, cause the portable communication device to: identify the first position and the second position using at least one sensor of the plurality of sensors”.
Referring to claim 13, the following is a statement of reasons for the indication of allowable subject matter: the prior art fail to suggest limitations “wherein the displaying content via the second display comprises: displaying the content via the second display in a third orientation based at least in part on the second housing being in a first position with respect to a plane, and in a fourth orientation different from the third orientation based at least in part on the second housing being in a second position different from the first position with respect to the plane”.
Referring to claim 14, the following is a statement of reasons for the indication of allowable subject matter: the prior art fail to suggest limitations “identifying the first position based at least in part on the second housing being substantially on the plane and the first housing at least partially facing the second housing; and identifying the second position based at least in part on each of the first housing and the second housing being at least partially off the plane.”.
Referring to claim 15, the following is a statement of reasons for the indication of allowable subject matter: the prior art fail to suggest limitations “wherein the first position and the second position is identified using at least one sensor of the plurality of sensors”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure. Park (US 7127776 B2) discloses dual display type portable computer can include a first unit having a first display module and a second unit rotatably coupled to the first unit having a second display module. At least one hinge unit can couple the first unit and the second unit with each other. The hinge unit can be coupled to corresponding positions of the first unit and the second unit to enable the first display module and the second display module to overlap each other or to be unfolded until they are placed in an equal plane. Preferably, at least one of the first display module and the second display module has a touch screen function. Preferably, the touch screen function can selectively change a language of a keyboard image. The first display module and the second display module can display different images or divided portions of one integrated image.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NELSON ROSARIO whose telephone number is (571)270-1866. The examiner can normally be reached on Monday through Friday, 7:30am- 5:00pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Eason can be reached on (571) 270-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NELSON M ROSARIO/Primary Examiner, Art Unit 2624
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