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 .
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. 18/512412, filed on 11/17/2023.
Claim Objections
Claims 1-2 and 5 are objected to because of the following informalities:
Regarding claim 1, there is an extra space between the words “of” and “the” in the phrase “at least some of the plurality” in line 10 of the claim which should be deleted.
Regarding claim 2, the limitation “wherein the interval of the plurality of the fixing portions corresponding a region having a first curvature” in lines 1-2 of the claim is grammatically incorrect. The Examiner respectfully suggests amending it to be --wherein the interval of the plurality of the fixing portions corresponding to a region having a first curvature-- or similar language to correct the typographical error.
Regarding claim 2, the limitation “the interval of the plurality of the fixing portions corresponding a region having a second curvature” in lines 3-4 of the claim is grammatically incorrect. The Examiner respectfully suggests amending it to be --the interval of the plurality of the fixing portions corresponding to a region having a second curvature-- or similar language to correct the typographical error.
Regarding claim 5, the limitation “wherein a connecting portion between the first side and the second side include an arc structure” in lines 1-2 of the claim is grammatically incorrect. The Examiner respectfully suggests amending it to be --wherein a connecting portion between the first side and the second side includes an arc structure-- to correct the typographical error.
Appropriate correction is required.
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 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-3 and 15 of U.S. Patent No. 12,460,795. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1 and 2 of the instant application are obvious variants of Claim 1 of the parent’ 795 patent, and Claims 3-5 of the instant application correspond to Claims 2-3 and 15, respectively, of the parent ‘795 patent, as shown in the table below with any differences underlined.
Instant application
US Patent 12,460,795
Claim 1: An electronic device, comprising:
a curved backlight module, comprising a curved back plate;
a display module, disposed on the curved backlight module and comprising an inner surface facing the curved backlight module;
a fixing member, comprising at least one protruding portion that is in contact with the inner surface,
wherein the fixing member is configured to affix the display module to the curved back plate,
wherein the fixing member comprises a plurality of fixing portions configured to affix the fixing member to the curved back plate, and at least some of the plurality of fixing portions are arranged at unequal intervals,
wherein the fixing member comprises a first side and a second side, a curvature of the first side is greater than a curvature of the second side, the plurality of the fixing portions are disposed on the first side and the second side respectively, and a density of the fixing portions on the first side is greater than a density of the fixing portions on the second side.
Claim 1: An electronic device, comprising:
a curved backlight module, comprising a curved back plate;
a display module, disposed on the curved backlight module and comprising an inner surface facing the curved backlight module;
a fixing member, comprising at least one protruding portion that is in contact with the inner surface;
a glue, adhering the fixing member to the display module, wherein the fixing member is configured to affix the display module to the curved back plate,
wherein the fixing member comprises a plurality of fixing portions configured to affix the fixing member to the curved back plate,
wherein the fixing member comprises a first side and a second side, a curvature of the first side is greater than a curvature of the second side, the plurality of the fixing portions are disposed on the first side and the second side respectively, and a density of the fixing portions on the first side is greater than a density of the fixing portions on the second side.
Claim 2: The electronic device as claimed in claim 1, wherein the interval of the plurality of the fixing portions corresponding a region having a first curvature is greater than the interval of the plurality of the fixing portions corresponding a region having a second curvature, and the first curvature is greater than the second curvature.
Claim 1: An electronic device, comprising:
a curved backlight module, comprising a curved back plate;
a display module, disposed on the curved backlight module and comprising an inner surface facing the curved backlight module;
a fixing member, comprising at least one protruding portion that is in contact with the inner surface;
a glue, adhering the fixing member to the display module, wherein the fixing member is configured to affix the display module to the curved back plate,
wherein the fixing member comprises a plurality of fixing portions configured to affix the fixing member to the curved back plate,
wherein the fixing member comprises a first side and a second side, a curvature of the first side is greater than a curvature of the second side, the plurality of the fixing portions are disposed on the first side and the second side respectively, and a density of the fixing portions on the first side is greater than a density of the fixing portions on the second side.
Claim 3: The electronic device as claimed in claim 1, further comprising a plurality of locking members, wherein the plurality of locking members pass through the fixing portions and connect to the curved back plate.
Claim 2: The electronic device as claimed in claim 1, further comprising a plurality of locking members, wherein the plurality of locking members pass through the fixing portions and connect to the curved back plate.
Claim 4: The electronic device as claimed in claim 1, wherein a plurality of first latch mechanisms are formed on the curved back plate, each of the fixing portions has a second latch mechanism, and the first latch mechanisms and the second latch mechanisms are engaged with each other.
Claim 3: The electronic device as claimed in claim 1, wherein a plurality of first latch mechanisms are formed on the curved back plate, each of the fixing portions has a second latch mechanism, and the first latch mechanisms and the second latch mechanisms are engaged with each other.
Claim 5: The electronic device as claimed in claim 1, wherein a connecting portion between the first side and the second side include an arc structure, and a connecting portion between the first side and the fourth side includes an arc structure.
Claim 15: The electronic device as claimed in claim 13, wherein a connecting portion between the first side and the second side includes an arc structure, and a connecting portion between the first side and the fourth side includes an arc structure.
As shown in the table above, all the limitations recited in Claim 1 of the instant application are recited in Claim 1 of the parent ‘795 patent except for the limitation “and at least some of the plurality of the fixing portions are arranged at unequal intervals”. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electronic device of Claim 1 of the parent ‘795 patent by arranging at least some of the plurality of the fixing portions at unequal intervals, since it has been held that rearranging parts of a prior art structure involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, modifying the known electronic device of Claim 1 of the parent ‘795 patent by arranging at least some of the plurality of the fixing portions at unequal intervals would have flown naturally to one of ordinary skill in the art as necessitated by the particular design requirements of a given application, in order to ensure more fixing portions can be provided on the longer sides of the electronic device to more securely fasten the fixing member to the back plate.
Further, Claim 2 of the instant application merely clarifies the language of Claim 1 of the instant application that “a curvature of the first side is greater than a curvature of the second side” (which is also recited in Claim 1 of the parent ‘795 patent) by noting that “the first curvature is greater than the second curvature”, thereby defining the first side as the region having the first curvature and the second side as the region having the second curvature. However, Claim 1 of the parent ‘795 patent fails to recite that “the interval of the fixing portions corresponding a region having a first curvature” (i.e., the first side) “is greater than the interval of the plurality of fixing portions corresponding a region having a second curvature” (i.e., the second side), as recited in Claim 2 of the instant application. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electronic device of Claim 1 of the parent ‘795 patent by arranging the plurality of the fixing portions on the first side at an interval greater than an interval of the plurality of the fixing portions on the second side, since it has been held that rearranging parts of a prior art structure involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, modifying the known electronic device of Claim 1 of the parent ‘795 patent by arranging the plurality of the fixing portions on the first side at an interval greater than an interval of the plurality of the fixing portions on the second side would have flown naturally to one of ordinary skill in the art as necessitated by the particular design requirements of a given application, in order to ensure more fixing portions can be provided on the longer sides of the electronic device to more securely fasten the fixing member to the back plate.
Additionally, Claims 3-4 of the instant application correspond identically to Claims 2-3, respectively, of the parent ‘795 patent. Further, Claim 5 of the instant application corresponds to Claim 15 of the parent ‘795 patent but is a broader version because there are no intervening claims between Claim 5 and independent Claim 1 of the instant application.
Therefore, Claims 1-2 of the instant application are not patentably distinct from Claim 1 of the parent ‘795 patent, and Claims 3-5 of the instant application are not patentably distinct from Claims 2-3 and 15, respectively, of the parent ‘795 patent.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "the fourth side" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim. The Examiner respectfully suggests either amending it to be --a
Appropriate correction is required.
Allowable Subject Matter
Claims 1-5 would be allowable if rewritten or amended to overcome the Nonstatutory Double Patenting rejection(s) set forth in this Office action, or upon receipt of a timely filed Terminal Disclaimer to overcome the Nonstatutory Double Patenting rejection.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the Prior Art taken as a whole fails to specifically disclose or suggest, in combination, “An electronic device, comprising a curved backlight module, comprising a curved back plate; a display module, disposed on the curved backlight module and comprising an inner surface facing the curved backlight module; a fixing member, comprising at least one protruding portion that is in contact with the inner surface, wherein the fixing member is configured to affix the display module to the curved back plate, wherein the fixing member comprises a plurality of fixing portions configured to affix the fixing member to the curved back plate, and at least some of the plurality of fixing portions are arranged at unequal intervals, wherein the fixing member comprises a first side and a second side, a curvature of the first side is greater than a curvature of the second side, the plurality of the fixing portions are disposed on the first side and the second side respectively, and a density of the fixing portions on the first side is greater than a density of the fixing portions on the second side”.
The closest Prior Art, Ahn et al. (US 2014/0133073), lacks the teaching of the protruding portion contacting an inner surface of the display module which faces the curved backlight module, and instead teaches the protruding portion contacts a side surface of the display module.
Accordingly, although electronic devices comprising curved backlight modules are known, as evidenced by the Prior Art already of record, no Prior Art was found teaching individually, or suggesting in combination, all the features of Applicant’s invention, in particular the above limitations in combination with the remaining features of the claim, and there would be no motivation, absent the Applicant’s own disclosure, to modify the references in the manner distinctly and specifically called for in the combination as claimed in Claim 1.
Claims 2-5 depend on Claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Choi et al. (US 2016/0054614), Liu et al. (US 2016/0223738), Nishimoto et al. (US 2016/0259203), An et al. (US 2016/0291242), and Ai et al. (US 10,788,707) all disclose electronic devices comprising a curved backlight module and curved display module which including a plurality of fixing portions on a fixing member for fixing the fixing member to a curved back plate of the backlight module. Additionally, Nishi et al. (US 2015/0277179), Jung et al. (US 2018/0157092), Sim et al. (US 2019/0227368), and Kang et al. (US 12,248,212) all disclose electronic devices comprising a backlight module and display module which include a plurality of fixing portions on a fixing member for fixing the fixing member to a back plate of the backlight module.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM N HARRIS whose telephone number is (571)272-3609. The examiner can normally be reached Monday - Thursday 8:00AM- 5:00PM EST, Alternate Fridays.
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/WILLIAM N HARRIS/Primary Examiner, Art Unit 2875