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 .
Drawings
The replacement drawing sheet for fig. 18H has been received.
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 Ornum, 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 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over the claims of Patent No US 12,455,675 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims in the instant application and the patent are substantially identical in structural and functional characteristics. For example:
Instant Application
Patent No US 12,455,675 B2
Explanation
1. An electronic device comprising: a first housing; a second housing; a hinge configured to connect the first housing to the second housing; a flexible display comprising a first display area provided in the first housing, and a second display area provided in the second housing; at least one processor; and memory storing instructions that, when executed by the at least one processor individually or collectively, cause the electronic device to: display an execution screen corresponding to a first application in the first display area and the second display area while the electronic device is unfolded;
based at least in part on the electronic device being folded while the execution screen is displayed, display the execution screen in the first display area, and display a control panel including at least one system button corresponding to at least one operation of the electronic device in the second display area;
and based at least in part on a first system button being selected among the at least one system button while the electronic device is folded, perform, among the at least one operation of the electronic device, a first operation corresponding to the first system button using at least part of the second display area while the execution screen is displayed in the first display area.
1. An electronic device comprising: a first housing; a second housing; a hinge configured to connect a side of the first housing to a side of the second housing; a flexible display comprising a first display area provided on the first housing, and a second display area provided on the second housing; at least one processor; and memory storing instructions that, when executed by the at least one processor individually or collectively, cause the electronic device to: display an execution screen corresponding to a first application in the first display area and the second display area while the electronic device is unfolded;
based at least in part on the electronic device being folded while the execution screen is displayed, display the execution screen in the first display area, and display a control panel including a first button indicative of a touch pad function in a first portion of the second display area;
based at least in part on the first button being selected while the electronic device is folded, provide a touch pad in a second portion of the second display area while the execution screen is displayed in the first display area;
The first button of ‘675 corresponds to the system button of the instant application.
The displaying of the touch pad of ‘675 corresponds to the first operation of the instant application.
In regards to instant claims 2-20, all limitations of these claims are contained in the claims of the ‘675 patent as follows:
Instant Application
Patent No US 12,455,675 B2
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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.
Claims 1, 2, 6, 9-11, 15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin (US 2013/0176248 A1).
Instant Claim 1: An electronic device (“A method and apparatus of displaying a screen on a portable device is disclosed.” (Shin, abstract) The portable device of Shin corresponds to the electronic device of the claim.)
comprising: a first housing; a second housing; a hinge configured to connect the first housing to the second housing; (“In this case, a configuration for bending the display unit 130 (fig 1) may be performed by a hinge.” (Shin, paragraph 29) The two parts of the display unit 130 of Shin on either side of the hinge correspond to the first and second housing of the claim.)
a flexible display comprising a first display area provided on the first housing, and a second display area provided on the second housing; (“The method and apparatus including a display unit configured to be a bendable flexible display” (Shin, abstract))
at least one processor; (“The controller 100 (fig 1) controls an overall operation of the portable terminal.” (Shin, paragraph 30) The controller of Shin corresponds to the processor of the claim.)
and memory storing instructions (“A memory 110 (fig 1) may include a program memory storing an operation program of a portable device and a data memory storing tables for operating the terminal and data generated during execution of a program.” (Shin, paragraph 31) The operation program of Shin corresponds to the instructions of the claim.)
that, when executed by the at least one processor individually or collectively, cause the electronic device to: display an execution screen corresponding to a first application in the first display area and the second display area while the electronic device is unfolded; (“In this case, as illustrated in reference numeral 210 of FIG. 2, in a state that the display unit 130 is not bent, the controller 100 displays data on a full screen of the display unit 130.” (Shin, paragraph 34))
based at least in part on the electronic device being folded while the execution screen is displayed, display the execution screen in the first display area, and display a control panel including at least one system button corresponding to at least one operation of the electronic device in the second display area; (“If the display unit 130 (fig 1) is bent as illustrated in reference numeral 220 (fig 2), the controller 100 detects the bending of the display unit 130 by the sensor 140, and divides a screen of the display unit 130 into reference numerals 251 and 253 of reference numeral 220. … In the case of reference numeral 220, the screen display region 251 displays image data and the screen display region 253 displays a touch interaction (e.g., touch button) for controlling data displayed on the screen display region 251.” (Shin, paragraph 34) The touch button of Shin corresponds to the system button of the claim.)
and based at least in part on a first system button being selected among the at least one system button while the electronic device is folded, perform, among the at least one operation of the electronic device, a first operation corresponding to the first system button using at least part of the second display area while the execution screen is displayed in the first display area. (Referring to fig 6B of Shin, the user may use buttons on the bottom screen display region to enter the URL of a website. The website then appears on the top screen display region while the new URL appears on the bottom screen display region. The appearance of a new URL is part of the operation of the device.)
Instant Claim 2: The electronic device of claim 1, wherein the at least one system button is provided to be used commonly in a plurality of applications or to control at least one system operation of the electronic device. (Referring to fig 6B of Shin, the buttons on the bottom screen display region - used to navigate among websites - control the system operation of the portable device.)
Instant Claim 6: The electronic device of claim 2, wherein the first operation includes a screen capture operation, and wherein the instructions, when executed by the at least one processor, cause the electronic device to capture the execution screen displayed in the first display area based on the first system button corresponding to the screen capture operation being selected. (“If the capture button is pressed, the controller 100 (fig 1) detects the pressed capture button at step 719 (fig 7). As shown in FIG. 8c, the controller 100 captures a screen of a top display region with a predetermined time interval to display the captured screen from a predetermined location (left side of FIG. 8c) of the bottom display region (generate transition effect) at step 721.” (Shin, paragraph 56) The capture button of Shin corresponds to the screen capture function of the claim.)
Instant Claim 9: The electronic device of claim 2, wherein at least one button corresponding to at least one function of the first application is displayed in the control panel concurrently with the at least one system button while the execution screen of the first application is displayed in the first display area. (Referring to fig 6B of Shin, some buttons on the bottom screen display region can be referred to as system buttons, while other buttons on the bottom screen display region can be said to be related to a function of the application (website) displayed on the top screen display region.)
Instant Claim 10: (Method claim 10 and apparatus claim 1 are related as apparatus and the method of using same, with each claimed element’s function corresponding to the claimed method step. Accordingly, claim 10 is similarly rejected under the same rationale as applied above with respect to apparatus claim 1.)
Instant Claim 11: (Claim 11 is substantially identical to claim 2, and thus, is rejected under similar rationale.)
Instant Claim 15: (Claim 15 is substantially identical to claim 6, and thus, is rejected under similar rationale.)
Instant Claim 18: (Claim 18 is substantially identical to claim 9, and thus, is rejected under similar rationale.)
Instant Claim 19: (Claim 19 is substantially identical to claim 1, and thus, is rejected under similar rationale. The non-transitory computer-readable storage medium of claim 19 corresponds to the memory of claim 1.)
Instant Claim 20: (Claim 20 is substantially identical to claim 2, and thus, is rejected under similar rationale.)
Claim Rejections - 35 USC § 103
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.
Claims 3-5, 7, 8, 12-14, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Shin.
Instant Claim 3: The electronic device of claim 2, wherein the first operation includes a touch pad operation, and wherein the instructions, when executed by the at least one processor, cause the electronic device to: provide a touch pad in the at least part of the second display area based on the first system button corresponding to the touch pad operation being selected while the execution screen is displayed in the first display area; (“Another exemplary aspect of the present invention is to provide an apparatus and method for displaying content (web pages) on a main screen and various touch interactions such as buttons, address windows, and touchpads on an auxiliary screen during a browser display in a portable terminal having a flexible display.” (Shin, paragraph 10))
and based at least in part on a touch input being detected via the touch pad provided in the at least part of the second display area, display a cursor icon over the execution screen displayed in the first display area so that the cursor icon moves over the execution screen according to the touch input. (“the screen display region 253 (fig 2) displays a touch interaction (e.g., touch button) for controlling data displayed on the screen display region 251.” (Shin, paragraph 34) Although Shin does not explicitly teach that the screen display region 253 contains a cursor for controlling data displayed on the screen display region 251, such would be obvious as a cursor is a typical tool for enabling the user to make selections on a display.
In addition, referring to image 220 in fig 2 of Shin, the portable device now resembles a laptop computer. Cursors are used with laptop computers.)
Instant Claim 4: The electronic device of claim 3, wherein the instructions, when executed by the at least one processor, cause the electronic device to perform the displaying of the cursor icon such that the cursor icon moves over the execution screen based at least in part on a type of the touch input being a first specified type. (Cursors do move on a display when the user is controlling the cursor to move by dragging his finger on the touchpad.)
Instant Claim 5: The electronic device of claim 4, wherein the instructions, when executed by the at least one processor, cause the electronic device to perform the displaying of the cursor icon such that the cursor icon does not move, and at least part of the execution screen moves within the first display area based at least in part on the type of the touch input being a second specified type different from the first specified type. (Scrolling of the display screen is another type of input the user may perform by engaging the touchpad with a certain touch.)
Instant Claim 7: The electronic device of claim 2, wherein the first operation includes a brightness adjustment operation, and wherein the instructions, when executed by the at least one processor, cause the electronic device to display a brightness adjustment bar in the second display area based on the first system button corresponding to the brightness adjustment operation being selected. (“the screen display region 253 (fig 2) displays a touch interaction (e.g., touch button) for controlling data displayed on the screen display region 251.” (Shin, paragraph 34) Referring to image 220 in fig 2 of Shin, various buttons are illustrated in screen display region 253. Although Shin does not explicitly teach that the screen display region 253 contains a button for brightness control, the exact buttons included in screen display region 253 is a matter of design choice.)
Instant Claim 8: The electronic device of claim 2, wherein the first operation includes a notification display operation, and wherein the instructions, when executed by the at least one processor, cause the electronic device to display a notification panel including notification details in the first display area and the second display area based on the first system button corresponding to the notification display operation being selected. (“the screen display region 253 (fig 2) displays a touch interaction (e.g., touch button) for controlling data displayed on the screen display region 251.” (Shin, paragraph 34) Referring to image 220 in fig 2 of Shin, various buttons are illustrated in screen display region 253. Although Shin does not explicitly teach that the screen display region 253 contains a button for notification display, the exact buttons included in screen display region 253 is a matter of design choice.)
Instant Claim 12: (Claim 12 is substantially identical to claim 3, and thus, is rejected under similar rationale.)
Instant Claim 13: (Claim 13 is substantially identical to claim 4, and thus, is rejected under similar rationale.)
Instant Claim 14: (Claim 14 is substantially included within claim 5, and thus, is rejected under similar rationale.)
Instant Claim 16: (Claim 16 is substantially identical to claim 7, and thus, is rejected under similar rationale.)
Instant Claim 17: (Claim 17 is substantially identical to claim 8, and thus, is rejected under similar rationale.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yaron Cohen whose telephone number is (571)270-7995. The examiner can normally be reached Monday - Friday 8:30 AM to 5:00 PM.
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/YARON COHEN/Examiner, Art Unit 2626
