Prosecution Insights
Last updated: July 17, 2026
Application No. 17/500,789

MAGNETIC GRIP ACCESSORY

Final Rejection §103
Filed
Oct 13, 2021
Priority
Oct 13, 2020 — provisional 63/091,297 +3 more
Examiner
WENDELL, ANDREW
Art Unit
2648
Tech Center
2600 — Communications
Assignee
PopSockets LLC
OA Round
6 (Final)
84%
Grant Probability
Favorable
7-8
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
757 granted / 898 resolved
+22.3% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
17 currently pending
Career history
915
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
81.4%
+41.4% vs TC avg
§102
3.3%
-36.7% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 898 resolved cases

Office Action

§103
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 . 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. Claims 1, 3, 7, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Surani (U.S. Pub. No. 2020/0329 133) in view of McHatet (U.S. Patent No. 10484522) and further in view of Backus (US Pat Pub# 2021/0314430). Regarding claim 1, Surani teaches an accessory assembly (10/110) (fig. 1, 12, page par [0021]) (see accessory 10 is attached to a smart phone S). comprising a platform (P/12) (fig. 1-7, 12), having a first side (S) and an opposing second side (p) (fig. 1-2, 12, page par [00250]) (see the accessory 10 may be releasably attached to a protective case member P and, on the other side), the platform (P/12) comprising one or more magnetic elements (34, 38, 100, 104) configured to magnetically attach the platform (p/12) to a mobile electronic device (S/ smart phone) or to a case of the mobile electronic device along the first side (s) (fig. 1-7, 12, page par [0024-0025]) (see the accessory 10 has magnetic plates and metal plates positioned at the base member 12 and the end member 80, the accessory 10 may be releasably attached to a protective case member P and, on the other side, releasably attached to a variety of metallic and metal surfaces); and a grip (E) accessory (10) configured to attached to, or integrally formed with, the second side (P / 12) of the platform (p/12) (fig. 1-2, 12, page 1, par [0003, 002 1-0022]) (see a suitable grip, and the flexured body member 50, extended, includes terminal opposition surfaces 56, 58 in which digits D of a hand H hold the flexured body member 50 therebetween), wherein the grip accessory (10) is configured to be handheld (H/D/E) to support the mobile electronic device (S) when magnetically attached to the platform (p/12) (fig. 1-2, 12, page par [0025- 0026]) (see the appropriate configuration of magnetic plates and metal plates at the base member 12 and the end member 80, the accessory 10 may be releasably attached to a protective case member P and, on the other side, releasably attached to a variety of metallic and metal surfaces, an accessory 110 for attachment to a portable interactive programmable device includes a base member 112 configured to engage a portion of a portable interactive programmable device, such as a smart phone, a smart phone case). Still regarding claim 1, (see rejection above), Surani teaches the magnetic plate (100) is disc shape (fig. 7-8, page 1, par [0024]). But Surani does not mention the newly added the limitation of: wherein the one or more magnetic elements form an annular shape, wireless charging, and an alignment magnet. McHatet teaches wherein the one or more magnets form an annular shape and magnetic (100) form an annular shape (fig. 3-4, col. 2, lines 54-55). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify above teaching of Surani with McHatet, in order for mounting onto sphere S, whereby the spherical shape of sphere S is accommodated within angled wall 28 of exterior case 20 and angled wall 104 of magnet 100 is easier (see suggested by McHatet on col. 3, lines 29-34). Surani and McHatet fails to teach an alignment magnet and wireless charging. Backus teaches an alignment magnet 125 (Fig. 9 and Section 0055, alignment magnet) outside of and in the same planar field as the annular shape formed by the one or more magnets 135 (Fig. 9), and wherein the accessory assembly is configured to allow a wireless transmission of electrical charge between a wireless charging accessory and the mobile electronic device when the accessory is attached to the mobile electronic device and the grip accessory is attached to the accessory (Abstract and Sections 0016-0017, 0042-0043, and 0048-0049, accessory assembly configured to allow wireless charging with alignment of the phone to a wireless charger device etc.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify above teaching of Surani with McHatet and Backus, in order to improve convenience and fit. Regarding claim 3, Surani further teaches the one or more magnets (34, 38, 100, 104) are configured to attract to one or more magnets (100, 104) in the mobile electronic device (S) (fig. 1-4, 7-12, page par [0024-0026, 0028]) (see the end member 118 includes at least one chamber for a combination of metal plates and magnetic plates. As shown, the end member 118 includes the chambers 124, 126 respectively including the magnetic plate 132 and the metal plate 134. It should be appreciated that any form of the body member 116, where the base member 112 is incorporated into the protective case member P. and mobile electronic device (S)). Regarding claim 7, Surani further teaches the platform (P/12) comprises a substantially oval shape (12) (fig. 7-8), whereby the one or more magnets (100/104) are arranged towards one end (80/90) of the substantially oval shape (12) and the alignment element is arranged towards an opposite end of the substantially oval shape (12) (fig. 7-8, page par [0024]) (see an end member 80 is disposed at the end 54 of the flexured body member 50. The end member includes chambers 82, 84, 86, 88 defined by cover 90 and respective slots 92, 94, 96, 98. A magnetic plate 100, a metal plate 102, a magnetic plate 104, and a metal plate 106 are respectively located within the chambers 82, 84, 86, 88. It should be appreciated that any number and configuration of chambers may be present within the end member SO ). Regarding claim 16, Surani further teaches the platform is further configured with an adhesive (42) to further secure the platform (12) to the mobile electronic device (S) along the first side (fig. 1-4, 9, page 2, par [0021]) (see an adhesive layer 42 is located on the base member 12 to provide adhesion to the smart phone S). Regarding claim 17, McHatet further teaches the grip accessory (10) is configured with an accessory recess area (cavity-131, interior face 38) into which the grip accessory (10) is received (fig. 1-5, col. 2, lines 45-58, and col. 3, lines 1-42). Claim 10-15, 18, and 20-28 are rejected under 35 U.S.C. 103 as being unpatentable over Surani (U.S. Pub. No. 2020/0329133) in view of McHatet (U.S. Patent No. 10484522), and further in view of Backus (US Pat Pub# 2021/0314430), and further in view of Schmidt (U.S. Pub. No. 2016/0373 152). Regarding claim 10, Surani teaches the grip accessory (10) (fig. 1-2) comprises a ring (80/12/142) structure (fig. 1-12, page par [0021, 0024, 0027]) (see the accessory 10 includes a base member 12 configured to engage a portion of the protective case member P of the smart phone S. An end member SO is disposed at the end 54 of the flexured body member 50, or coaxial rings 142). Surani teaches the grip accessory (10) (fig. 1-2) comprises the an end member 80 is disposed at the end 54, or accessory 10 includes a base member 12 configured to engage, that is a ring sharp. But Surani, McHatet, and Backus does not mention the grip accessory comprises a strap. However, Schmidt teaches the mobile device holder 101 to a cylindrically shaped bar, and the mounting assembly 110, as well as a strap (612) which wraps around other objects and is held in place with a locking mechanism, the grip accessory (110) comprises a strap (612) (fig. 21) (fig. 1, 21, 24, page 5, par [0080]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify above teaching of Surani and McHatet and Backus with Schmidt, in order to provide a mobile device holder 101 affixed to a baby stroller 630. FIG. 24 shows a mobile device holder 101 attached to a post of an automobile headrest. The universal mount 601 provides a convenient means for attaching a smart phone to objects having exposed bars or rails easier (see suggested by Schmidt on page 5, par [0080]). Regarding claim 11, Surani further teaches the grip accessory (10) (fig. 1-2) comprises a ring (80/12/142) structure (fig. 1-12, page par [0021, 0024, 0027]) (see the accessory 10 includes a base member 12 configured to engage a portion of the protective case member P of the smart phone S. An end member 80 is disposed at the end 54 of the flexured body member 50, or coaxial rings 142). But Surani does not mention the grip accessory is movable (detachably) between a collapsed position and a non- collapsed position. However, Schmidt teaches the mobile device holder 101 with the grip accessory (110) is movable (detachably) between a collapsed position and a non-collapsed position (fig. 1, 6-8, page 1, 3, par [12, 0059]) (see mounting base preferably can be detachably or fixedly attached to another stationary or mobile mounting surface by means of mechanical fastener, elastomeric attachment, adhesive attachment, or integrated attachment feature, and Many activities require a convenient means for attaching and detaching mobile devices to and from other objects.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify above teaching of Surani and McHatet and Backus with Schmidt, in order to provide Mobile devices provide users with real-time access to telephony, Internet, text messaging, GPS navigation, audio, and video, for example. Many activities require a convenient means for attaching and detaching mobile devices to and from other objects (see suggested by Schmidt on page 3, par [0059]). Regarding claim 12, McHatet further teaches the grip accessory (10) comprises a ring (180) (fig. 3. Col2, lines 31-44) (see exterior case ring 180). Regarding claim 13, Surani further teaches the grip accessory comprises an accordion (bendable and extendable position) (fig. 1-2 and 3-6, page pae 2, par [0023-0025]) (see bendable portions). Regarding claim 14, Schmidt further teaches the grip accessory (101/110) comprises a kickstand (foldable table stand 201) structure (201, 212) (fig. 12-13, page par [0077]) (see foldable table stand 201). Regarding claim 15, Surani further teaches the grip accessory (10) comprises a plurality of folds (fig. 1- 2) (fig. 1-5, page 2, par [0023]) (see the flexured body member 50 may include segments 60, 62, 64 that provide folding sections). Regarding claim 18, Surani further teaches the accessory (10) is attached to a smart phone S, the accessory (10) may be secured to a protective case member P associated with the smart phone (S). In one embodiment, the accessory (10) includes a base member (12) configured to engage a portion of the protective case member (P) of the smart phone (S) (fig. 1-9, page 1, par [0021]). But Surani does not mention grip accessory (10) is movable (detachably) between a collapsed position and a non- collapsed position, and wherein the accessory recess area (cavity/canal) is configured to receive the grip accessory in the collapsed state such that an essentially flush surface is provided along the second side of the platform. However, Schmidt teaches the grip accessory is movable between a collapsed position and a non- collapsed position (fig. 1-7, page 1, par [0012]) (see mounting base preferably can be detachably or fixedly attached to another stationary or mobile mounting surface), And Moreover, McHatet teaches wherein the accessory (10) recess area (cavity/canal) is configured to receive the grip accessory (10) in the collapsed state such that an essentially flush surface is provided along the second side of the platform (20/120) (fig. 1-5, col. 2, lines 45-58, and col. 3, lines 1-42). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify above teaching of Surani and Schmidt and Backus with McHatet, in order for mounting onto sphere S, whereby the spherical shape of sphere S is accommodated within angled wall 28 of exterior case 20 and angled wall 104 of magnet 100 is easier (see suggested by McHatet on col. 3, lines 29-34). Regarding claim 20, Surani teaches an accessory assembly (10/110) (fig. 1, 12, page par [0021]) (see accessory 10 is attached to a smart phone S). comprising a platform (P/12) (fig. 1-7, 12), having a first siden (S) and an opposing second side (p) (fig. 1-2, 12, page par [00250]) (see the accessory 10 may be releasably attached to a protective case member P and, on the other side), the platform (P/12) comprising one or more magnetic elements (34, 38, 100, 104) configured to magnetically attach the platform (p/12) to a mobile electronic device (S/ smart phone) or to a case of the mobile electronic device along the first side (s) (fig. 1-7, 12, page par [0024-0025]) (see the accessory 10 has magnetic plates and metal plates positioned at the base member 12 and the end member 80, the accessory 10 may be releasably attached to a protective case member P and, on the other side, releasably attached to a variety of metallic and metal surfaces); and a grip (E) accessory (10) configured to attached to, or integrally formed with, the second side (P / 12) of the platform (p/12) (fig. 1-2, 12, page 1, par [0003, 002 1-0022]) (see a suitable grip, and the flexured body member 50, extended, includes terminal opposition surfaces 56, 58 in which digits D of a hand H hold the flexured body member 50 therebetween), wherein the grip accessory (10) is configured to be handheld (H/D/E) to support the mobile electronic device (S) when magnetically attached to the platform (p/12) (fig. 1-2, 12, page par [0025- 0026]) (see the appropriate configuration of magnetic plates and metal plates at the base member 12 and the end member 80, the accessory 10 may be releasably attached to a protective case member P and, on the other side, releasably attached to a variety of metallic and metal surfaces, an accessory 110 for attachment to a portable interactive programmable device includes a base member 112 configured to engage a portion of a portable interactive programmable device, such as a smart phone, a smart phone case). Still regarding claim 20, (see rejection above), Surani teaches the magnetic plate (100) is disc shape (fig. 7-8, page 1, par [0024]). But Surani does not mention the newly added the limitation of: wherein the one or more magnetic elements form an annular shape, collapsed and non-collapsed position, and an alignment magnet. McHatet teaches wherein the one or more magnets form an annular shape and magnetic (100) form an annular shape (fig. 3-4, col. 2, lines 54-55). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify above teaching of Surani with McHatet, in order for mounting onto sphere S, whereby the spherical shape of sphere S is accommodated within angled wall 28 of exterior case 20 and angled wall 104 of magnet 100 is easier (see suggested by McHatet on col. 3, lines 29-34). Surani and McHatet fails to teach an alignment magnet and collapsed and non-collapsed position. Backus teaches an alignment magnet 125 (Fig. 9 and Section 0055, alignment magnet) outside of and in the same planar field as the annular shape formed by the one or more magnets 135 (Fig. 9), and wherein the accessory assembly is configured to allow a wireless transmission of electrical charge between a wireless charging accessory and the mobile electronic device when the accessory is attached to the mobile electronic device and the grip accessory is attached to the accessory (Abstract and Sections 0016-0017, 0042-0043, and 0048-0049, accessory assembly configured to allow wireless charging with alignment of the phone to a wireless charger device etc.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify above teaching of Surani with McHatet and Backus, in order to improve convenience and fit. Surani, McHatet, and Backus fails to teach collapsed and non-collapsed position. Schmidt teaches the grip accessory is movable between a collapsed position and a non-collapsed position (fig. 1-7, page 1, par [0012]) (see mounting base preferably can be detachably or fixedly attached to another stationary or mobile mounting surface) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify above teaching of Surani with McHatet, Backus, and Schmidt, in order to improve functionality and convenience for the user. Regarding claim 21, Backus further teaches wherein the accessory assembly is configured to allow a wireless transmission of electrical charge between a wireless charging accessory and the mobile electronic device when the platform is attached to the mobile electronic device and the grip accessory is attached to, or integrally formed with, the platform (Abstract and Sections 0016-0017, 0042-0043, and 0048-0049, accessory assembly configured to allow wireless charging with alignment of the phone to a wireless charger device etc.). Regarding claim 22, Backus further teaches wherein the plurality of magnets is configured to attract to one or more magnets in the mobile electronic device or in the case of the mobile electronic device (Fig. 9, Abstract, and Sections 0016-0017, 0042-0043, and 0048-0049, plurality of magnets to align the mobile device with the case). Regarding claim 23, Surani further teaches wherein the platform comprises a substantially oval shape (12) (fig. 7-8, page par [0024], as shown etc. an oval shape). Regarding claim 24, McHatet further teaches where the grip accessory comprises a ring (180) (fig. 3. Col2, lines 31-44) (see exterior case ring 180). Regarding claim 25, Schmidt further teaches where the grip accessory comprises a kickstand structure (201, 212) (fig. 12-13, page par [0077]) (see foldable table stand 201). Regarding claim 26, Surani further teaches where the grip accessory comprises a plurality of folds fig. 1- 2) (fig. 1-5, page 2, par [0023]) (see the flexured body member 50 may include segments 60, 62, 64 that provide folding sections). Regarding claim 27, Schmidt further teaches wherein the second side of the platform is configured with an accessory recess area into which the grip accessory is received when in the collapsed position (20/120) (fig. 1-5, col. 2, lines 45-58, and col. 3, lines 1-42, as shown etc. grip can be in the collapsed position etc.). Regarding claim 28, Schmidt further teaches wherein the accessory recess area is configured to receive the grip accessory in the collapsed state such that an essentially flush surface is provided along the second side of the platform (20/120) (fig. 1-5, col. 2, lines 45-58, and col. 3, lines 1-42, grip can be in the collapsed state etc.). Response to Arguments Applicant’s Remarks Examiner’s Response “Thus, while the Backus Utility Application may be prior art for that which is supported by the Backus Provisional, the Backus Utility Application cannot be prior art for that which was newly added to the Backus Utility Application and not otherwise disclosed in the Backus Provisional.” See examiner’s first response under “Response to Arguments” in Non-Final rejection filed on 11/3/2025. Again, Backus is only used to teach alignment magnets in an annular shape. Examiner cited the same annular shape alignment magnets (see above rejection) that are found in the provisional application figure 4 and paragraphs 0006-0009, 0028, and 0031. Also, structure 100 that the examiner cited is found in the provisional figures 1 and 5-9 and corresponding paragraphs too. Paragraphs 0035-0036 further states that the components can be further modified and/or expanded. Backus clearly teaches an annular alignment magnets in provisional before application’s effective filing date. “However, the Backus Provisional Application does not disclose any alignment magnet, and certainly not the ‘cap alignment magnets 125’ which were added to the Backus Utility Application well after the effective priority date of the present application.” See above response. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW WENDELL whose telephone number is (571)272-0557. The examiner can normally be reached Monday-Friday 8:30AM-5PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley Kim can be reached at 571-272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANDREW WENDELL/Primary Examiner, Art Unit 2648 4/21/2026
Read full office action

Prosecution Timeline

Show 6 earlier events
Nov 07, 2024
Non-Final Rejection mailed — §103
Apr 16, 2025
Response Filed
May 09, 2025
Final Rejection mailed — §103
Oct 02, 2025
Request for Continued Examination
Oct 10, 2025
Response after Non-Final Action
Nov 03, 2025
Non-Final Rejection mailed — §103
Mar 11, 2026
Response Filed
Apr 24, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

7-8
Expected OA Rounds
84%
Grant Probability
96%
With Interview (+11.6%)
2y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 898 resolved cases by this examiner. Grant probability derived from career allowance rate.

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