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 .
Election/Restrictions
Claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups 1 and 2, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/5/2025.
Applicant’s election without traverse of claims 11-20 in the reply filed on 12/5/2025 is acknowledged.
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.
Claims 11- 14, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Le Gette (9,538,675) in view of Cho (2013/0279098) and O'Neill (4,020,527).
Regarding claim 11, Le Gette discloses an accessory system for supporting a mobile device relative to an object (Figure 75), the accessory system comprising a disc (mounting ring 5026) that is attachable to the rear of the mobile device (Figure 68). Le Gette further discloses a mounting device (Col. 45;48-46;2) that is fitted to the disc, wherein the mounting device includes a frame extending from a proximal and distal end away from the disc (support portion 5100 that is rectangular nature and therefore is both proximal and distal to the disc) and frame includes both an inner arm and outer arm (Figures 75-76, the support includes stand 5300 which includes a proximal and distal arm since it is square/rectangular). Le Gette discloses a flap (stand 5500) extends from the stand and the outer/inner arms and that the flap is deflectable from a normal form (folded) to a deflected form (open), wherein the normal form causes the flap to be substantially flat and the deflected form is not substantially flat. Le Gette discloses that the disc is attached to the rear of the device (Figure 77) and that the mounting device is fitted to the disc (integral with the back cover). Le Gette does not disclose that the mounting device is removably fitted to the disc or that the flap is resilient and comprises a material that is more flexible than the material of the frame.
However, Cho teaches that a device holder includes both a disc (242) and a removably fitted mounting device (250) in holding an electronic device.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the invention to include a removably fitted mounting device in order to provide a modular structure for mounting to the mobile device.
Neither Cho nor Le Gette disclose the resilient flap.
O’Neill teaches the use of a mobile device holder in which a resilient flap (62) is attached to the back of a device. O’Neill further teaches that the material is more flexible than the material of the frame (Col; 1;50-Col 2;3) and that the flap is selectively deflectable from a normal (collapsed) form to a deflected form (open position). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use flexible flap material in order to save space.
Regarding claims 12-14, Le Gette further discloses that the flap is configured to press against and clampingly mount the mounting device to the object (when retracted the flap presses into the recess of the housing (Col; 47;25-Col 48;18) as well as being an insert between the frame (5080) and device (Figure 79). Le Gette also discloses that the disc/base can swivel about an axis (landscape/portrait display based on swivel of the disc/base – Col. 46;20-54). Cho further teaches that the disc/base can swivel and extend outward form the axis of the face of the mobile device (Figure 16-19b, ring and base can swivel about such that the disc/base can be on an axis outward from the face of the mobile device and that the disc is pivotally attached to the base at a hinge 242/246, para 65-87).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a pivot/mount that is outward from the face of the mobile device to provide an optimal viewing angle when using the accessory system.
Regarding claim 16, Cho further disclose that the disc comprises a ring including an open center for receiving a finger (220).
Claims 15, 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Le Gette, Cho, and O'Neill as applied to claim 11 above, and further in view of Forristall (9,653,934).
Regarding claim 15, the combination discloses all the limitations of the claim except the frame includes a clip extending from the frame base proximate the inner arm and wherein the frame is selectively attachable by arms that partially or fully surround the disc. However, Forristall teaches the use of a frame including a clip (116) which extends from the frame base (figure 9) and is selectively attachable to the housing by arms that partially surround the finger ring (Col. 3;62-Col;4;35).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a clip that partially surrounds the disc as taught by Forristall in order to provide a modular accessory device that is customizable.
Regarding claims 17-19, Forristall further teaches the use of a second resilient flap (44) wherein the second flap extends from the other one of the inner and outer arms (each flap extends from an inner or outer arm) and wherein in normal form, the first flap (42) and second flap (44) extend towards each other and the mounting device is substantially flat (Figures 2/ 9) Forristall also teaches that the two flaps meet such that a gap exists there between (gap between two flaps in Figure 2/9) and that they terminate in teeth (Figure 10- the interlocking of the protrusions form a teeth-like structure). The claims are rejected for the same reasoning given in claim 15 above.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Le Gette, Cho, and O'Neill as applied to claim 11 above, and further in view of Bergreen (2013/0200224).
Regarding claim 20, the combination discloses all the particulars of the claim except the use of a threaded hole to receive a screw fastener to fasten the frame to a tripod support object.
However, Bergreen in an analogous art, teaches the use of a threaded hole configured to receive a screw fastener for attaching the accessory system to a tripod support (Figure 8, para 49).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the invention to include a tripod attachment in order to provide more options to the user in attaching the accessory system.
Conclusion
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WILLIAM GEORGE TROST IV
Primary Patent Examiner
Art Unit 2641
/WILLIAM G TROST IV/Primary Patent Examiner, Art Unit 2641