Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00343-JJF Document 728-7 Filed 07/18/2007 Page1 of 4
EXHIBIT F

in ` in Case 1 :04-cv-00343-JJF Document 728-7 Filed 07/18/2007 Page 2 of 4
Application No.: ll/096,079 Docket No.: $733.042.21
Amdt. dated June I9, 2006
Reply to Office Action dated December 19, 2006
REMARKS
At the outset, the Examiner is thanked for the thorough review and consideration of
the pending application. The Office Action dated December 19, 2006, has been received and its
contents carefully reviewed.
Claims 56, 60 and 65 are hereby amended; and claims 66-69 are hereby added.
Accordingly, claims 56-69 are currently pending. Reexamination and reconsideration of the
pending claims is respectfully requested.
In the Office Action, claims 56-65 are rejected under 35 U.S.C. § lO3(a) as being
unpatentable over IBM color display (IBM 9516-AO3)(hereinafier "IBM 95l6") in view of U.S.
Patent No. 5,835,139 to Yun et al. (hereinafier "Yun"). Claims 56-65 are also provisionally
C rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable
over claims 83-84, 88 and 92-93 of copending Application No. 10/787,933 (hereinafter "the ‘933
application"). _
In the Office Action, the Examiner states "IBM color display teaches a flat panel
display device . . . wherein the flat panel display device is fixed to the rear part of the housing
with a fastening part (2) comprising a fastening hole at the rear surface and within a lateral
boundary of the flat panel display device." Applicants note that this statement is incorrect for
several reason. That is, IBM 9615 does not teach or suggest "the flat display panel . . . between
the first frame and the second frame, the first frame including a fastening part behind the display
area at a rear surface of the first frame . . . the first frame being fixed to the rear part of the
housing with the fastening part at the rear surface of the first fi·ame," as recited by at least
independent claim 56 of the present application. The IBM 9516 is a front mounted display. That
is, the flat panel display of the IBM 9516 is mounted by screws that go through the rear surface
of the rear tray and attach to the front housing. So, nothing in the IBM 9516 teaches or suggests
the first frame being fixed to the rear part of the housing. Applicants refer the Examiner to the
cited figure on page 9 of the IBM 9516 reference. At best, the figure shows the screws (2) go
through the back cover from the back to the front. There is no teaching or suggestion that there
is any fixing at the first frame. And in fact, in the physical device, the fixing occurs at the fi·ont
housing ofthe IBM 9516.
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H ` ' Base 1 :04-cv-00343-JJF Document 728-7 Filed 07/18/2007 Page 3 of 4
Application No.: 1 1/096,079 Docket No.: $733.042.21
Amdt. dated June 19, 2006
Reply to Office Action dated December 19, 2006
Yun fails to cure these deficiencies in the IBM 9516. Therefore, Applicants submit
that claim 56, and claims 57-59 and 66-67, which depend fiom claim 56, are allowable over the
cited references.
Moreover, IBM 9615 does not teach or suggest "a fastener fixing the rear frame to the
rear portion of the housing using the fastening hole associated with the rear surface of the rear
frame, wherein the fiat display panel and the backlight are disposed between the front and rear
frames and wherein the fastener is behind the display area," as recited by at least independent
claim 60 of the present application. As discussed above with respect to claim 56, the flat panel
display of the IBM 9516 is mounted by screws that go through the rear surface of the rear tray
and attach to the front housing. So, nothing in the IBM 9516 teaches or suggests a fastener
fixing the rear frame to the rear portion of the housing using the fastening hole associated with
the rear surface of the rear fiame. Applicants refer the Examiner to the cited figure on page 9 of
the IBM 9516 reference. At best, the figure shows the screws (2) go through the back cover from
the back to the front. There is no teaching or suggestion that there is any fixing of the rear frame
to the rear portion of the housing using the fastening hole associated with the rear surface of the
rear frame. And in fact, in the physical device, there is no such fixing of the rear frame to the
rear portion of the housing of the IBM 9516.
Yun fails to cure these deficiencies in the IBM 9516. Therefore, Applicants submit
that claim 60, and claims 61-65 and 68-69, which depend from claim 60, are allowable over the
cited references.
Applicants acknowledge the provisional obviousness double patenting rejection of
claims 56-65 over the copending ‘933 application. Applicants note that the claim amendments
made herein and the claim amendments recently made in the ‘933 application render the
provisional obviousness double patenting rejection moot.
Applicants believe the foregoing amendments place the application in condition for
allowance and early, favorable action is respectfully solicited.
If for any reason the Examiner finds the application other than in condition for
allowance, the Examiner is requested to call the undersigned attomey at (202) 496-7500 to
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` o Case 1 :04-cv-00343-JJF Document 728-7 Filed 07/18/2007 Page 4 of 4
Application No.: 11/096,079 Docket No.: 8733.042.2]
Amdt. dated June 19, 2006
Reply to Office Action dated December 19, 2006
discuss the steps necessary for placing the application in condition for allowance. All
correspondence should continue to be sent to the below-listed address.
If these papers are not considered timely tiled by the Patent and Trademark Office,
then a petition is hereby made under 37 C.F.R. §l .136, and any additional fees required under 37
C.F.R. §l.l36 for any necessary extension of time, or any other fees required to complete the
tiling of this response, may be charged to Deposit Account No. 50-0911. Please credit any
overpayment to deposit Account No. 50-0911. A duplicate copy of this sheet is enclosed.
Dated: June 19, 2006 Respectfully submitted,
By ·
. Rebcc C. R ich
Re istratio No.: 41,786
McKENNA LONG & ALDRIDGE LLP
1900 K Street, N.W.
Washington, DC 20006
(202) 496-7500
Attomey for Applicant .
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