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 Objections
Claim 1 is objected to because of the following informalities:
Regarding claim 1, lines 1 and 6, the phrase of “a device, line 1” and “a capacitance interface device, line 6” is unclear. Does applicant mean “a device and a capacitance interface device” the same or different. Please, clarify.
Regarding claim 19, lines 1 and 3, the phrase of “a device, line 1” and “a capacitance interface capable smartphone, line 3” is unclear. Does applicant mean “a device and a capacitance interface capable smartphone” the same or different. Please, clarify.
Regarding claim 19, line 14, the term “the waterproof case” is lack of antecedence basis. Please, revise.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 10-14, 19 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Benvenuti (U.S. 2018/0017848), hereafter Benvenuti.
As to claim 10, Benvenuti discloses a case (C) for containing a capacitance interface capable device (a digital or TV camera, mobile phone, smartphones, tablet, para-0030+), comprising:
a door (4, para-0032+) for sealing (a seal gasket 42) an interior of the case (C) from water intrusion in a submersed environment, comprising a transparent screen (para-0014, 0033+) for viewing the capacitance interface capable device (camera or smartphone) inside the case (C);
a wireless communication module (I) configured to support a Bluetooth standard, wherein data exchange between the case (C) and the device (memory or smart/mobile phone) takes place using the Bluetooth standard; and
at least one input device (5) configured to control an on-screen cursor on a display of the device (para-0033-0035),
wherein the device comprises at least one of a camera, a mobile telephone, a smartphone or a tablet and is formed within the waterproof case, para-0030+.
As to claim 11, Benvenuti further comprising an integrated pressure sensor (tele command wi-fi connectivity module, para-0009+) that measures underwater depth (150 meters).
As to claim 12, Benvenuti discloses the pressure sensor (wi-fi connectivity module) communicates depth data to the device using the Bluetooth standard.
As to claim 13, Benvenuti further comprising an electrical switch (para-0051) located inside the case configured to power the case on and off.
As to claim 14, Benvenuti further comprising an adaptor for attaching an at least one of:
a underwater photo-video light accessory, underwater lens accessory and mounting tray, grip, para-0040, figure 5) handle, or lanyard.
As best understood to claim 19, Benvenuti discloses a method for using a capacitance interface device (in the Abstract, para-0002+) in an underwater environment, the method comprising:
placing the [[a]] capacitance interface device [[capable smartphone]] in a case (C) having at least one waterproof seal (42), a non-volatile memory (M), a processor (U), a wireless communication module (I), and at least one input component (5), wherein the wireless communication module (I) is configured to provide a short-range wireless connection between the case and the [[smartphone]] device;
pairing the case (C) with the [[smartphone]] device; and
receiving one or more inputs (5a-5c) from a user through an the at least one input component (5); and
transmitting an instruction to the [[smartphone]] device based on the one or more inputs (5a-5c),
wherein an on-screen cursor on a display of the device (para-0033-0035) mimics movement of the input component; and
wherein the device is at least one of: a camera, a mobile device, a smartphone device, or a tablet, and formed within [[the]] a waterproof case, para-0030-0035.
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.
Claim(s) 1, 3-8, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benvenuti in view of Tsoi (U.S. 2021/0028806).
As best understood to claim 1, Benvenuti discloses an underwater case (C) for containing a capacitance interface capable device (camera, TV camera, mobile phone, smartphone, tablets, Abstract, para-0002+), comprising:
one or more waterproof seals (42);
a non-volatile memory (M);
a processor (U),
a wireless communication module (W) configured to provide a short-range wireless connection between the case (C) and [[a]] the capacitance interface capable device; and
at least one input component (5 or 51) configured to:
receive one or more inputs (5a-5c) from a user; and
transmit, via the short-range wireless connection, para-0009+, an instruction to the capacitance interface capable device (camera or smartphone) based on the one or more inputs (5a-5c),
wherein the at least one input component (5) [[includes a joystick or trackball, wherein then]] controls an on-screen cursor on a display of the device mimics movement of the [[joystick or trackball]] device, para-0033-0035; and
wherein the device is at least one of a camera, a mobile device, a smartphone device, or a tablet, para-0002+, and formed within the waterproof case (C).
Benvenuti does not specifically disclose the at least one input component includes a joystick or trackball.
Tsoi teaches a waterproof case suitable for mobile electronic device (20, figure 5) as shown in figures 1-8 comprising a waterproof case (10) having at least one input component (32) includes a joystick or trackball (322), see figure 6.
It would have been obvious to one having ordinary skill in the art before the effective filling date to have a teaching of Tsoi employed in the underwater case of Benvenuti in order to provide for the user to control and display all functions from the camera or smartphone device, para-0034+.
Regarding claim 3, Benvenuti as modified by Tsoi teaches the instruction performs an action, para-0034+ on the device (cellular phone).
Regarding claim 4, Benvenuti as modified by Tsoi teaches the action causes a native application of the device to be performed, para-0034+.
Regarding claims 5-6, Benvenuti as modified by Tsoi further comprising: a door (4) movable between an open and closed position, and the door (4) includes a transparent screen, para-0014+.
Regarding claim 7, Benvenuti as modified by Tsoi discloses the transparent screen (4) is comprised of glass, plastic, or a combination thereof, para-0014+.
Regarding claim 8, Benvenuti as modified by Tsoi discloses the at least one input component (5 or 51) comprises a plurality of input components and further includes at least one of: a capacitance interface, button, lever, or switch.
Regarding claim 16 (depended on claim 10), Benvenuti does not specifically disclose the at least one input component includes a joystick or trackball.
Tsoi teaches a waterproof case suitable for mobile electronic device (20, figure 5) as shown in figures 1-8 comprising a waterproof case (10) having at least one input component (32) includes a joystick or trackball (322), see figure 6.
It would have been obvious to one having ordinary skill in the art before the effective filling date to have a teaching of Tsoi employed in the underwater case of Benvenuti in order to provide for the user to control and display all functions from the camera or smartphone device, para-0034+.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benvenuti in view of Klinger et al. (U.S. 2019/0166413).
Regarding claim 15, Benvenuti discloses all of the limitations of claimed invention except for the case further comprises a water sensor for detecting water intrusion.
Klinger teaches a device (100) comprising a waterproof housing (110) having a water sensor for detecting water intrusion.
It would have been obvious to one having ordinary skill in the art before the effective filling date to have a teaching of Klinger employed in the underwater case of Benvenuti in order to control and protect water intrusion into the device.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Benvenuti in view of Adair (U.S. Patent 5,873814).
As to claim 17, Benvenuti discloses all of the limitations of claimed invention
except for a vacuum pressure port.
Adair teaches a video monitor (10) comprising a vacuum pressure port (24).
It would have been obvious to one having ordinary skill in the art before the
effective filling date to have a teaching of Adair employed in the case of Benvenuti in
order to access and monitor the vacuum level within the system.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benvenuti in view of Woodman et al. (U.S. 2019/0369465).
As to claim 18, Benvenuti discloses all of the limitations of claimed invention
except for a holding spring acting on the device.
Woodman teaches the system or image device (100) as shown in figure 14 comprising a holding spring (1400) acting on the device (1500).
It would have been obvious to one having ordinary skill in the art before the effective filling date to have a teaching of Woodman employed in the case of Benvenuti in order to provide connection or holding mechanism structure for the case.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1,3-8, and 10-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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/TUAN T DINH/Primary Examiner, Art Unit 2848