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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/23/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 & 21 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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6-7, 21, & 23-24 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (US 20200352045).
As to claim 1, Wang discloses a foldable case (foldable apparatus 3) [figs. 3a-3e & para. 67 & 69 & abstract] for removably receiving a separate and distinct foldable mobile electronic device (foldable device 7) [figs. 3a-3e & para. 67] having a first portion (first portion of foldable device 7 corresponding to first part 31a of frame 31 of foldable apparatus 3) [figs. 3a & para. 71-72] and a second portion (second portion of foldable device 7 corresponding to second part 31b of frame 31 of foldable apparatus 3) [figs. 3a & para. 71-72] joined by a hinge (flexible structure 312) [fig. 3a & para. 70 & 73-74] defining a hinge axis, the case comprising:
a first cover member (first part 31a of frame 31 of foldable apparatus 3) [figs. 3a & para. 71-72] a first peripheral rim disposed at the edge of a first cover member sidewall [figs. 3a & para. 71-72];
a second cover member (to second part 31b of frame 31 of foldable apparatus 3) [figs. 3a & para. 71-72] comprising a second peripheral rim disposed at the edge of a second cover member sidewall [figs. 3a & para. 71-72];
a first hinge member (first element 312a) [fig. 3a & para. 70 & 73-74] disposed at the hinge axis, the first hinge member joining the first peripheral rim to the second peripheral rim on a first side of the electronic device [figs. 3a-3e]; and
a second hinge member (second element 312b) [fig. 3a & para. 70 & 73-74] disposed at the hinge axis, the second hinge member joining the first peripheral rim and the second peripheral rim on a second side of the electronic device [figs. 3a-3e].
As to claim 6, Wang discloses the foldable case of claim 1, wherein the hinge axis extends in a widthwise direction relative to the mobile electronic device [figs. 3a-3e].
As to claim 7, Wang discloses the foldable case of claim 1, wherein the hinge axis extends in a lengthwise direction relative to the mobile electronic device [figs. 3a-3e].
As to claim 21, Wang discloses a foldable case (foldable apparatus 3) [figs. 3a-3e & para. 67 & abstract] for removably receiving a separate and distinct foldable mobile electronic device (foldable device 7) [figs. 3a-3e & para. 67] having a first portion (first portion of foldable device 7 corresponding to first part 31a of frame 31 of foldable apparatus 3) [figs. 3a & para. 71-72] and a second portion (second portion of foldable device 7 corresponding to second part 31b of frame 31 of foldable apparatus 3) [figs. 3a & para. 71-72] joined by a hinge (flexible structure 312) [fig. 3a & para. 70 & 73-74] defining a hinge axis, the case comprising:
a first cover member (first part 31a of frame 31 of foldable apparatus 3) [figs. 3a & para. 71-72] comprising:
a first peripheral rim [figs. 3a & para. 71-72];
a second cover member (to second part 31b of frame 31 of foldable apparatus 3) [figs. 3a & para. 71-72] comprising:
a second peripheral rim [figs. 3a & para. 71-72];
a first hinge member (first element 312a) [fig. 3a & para. 70 & 73-74]; and
a second hinge member (second element 312b) [fig. 3a & para. 70 & 73-74];
the first and second cover members being configured to rotate from an open position wherein the first peripheral rim and the second peripheral rim are coplanar [figs. 3a-3e & para. 67, 74, & 79], to a closed position wherein the first cover member and the second cover member define an end opening configured to permit insertion of the first portion and the second portion of the mobile electronic device [figs. 3a-3e & para. 67, 69, 74, & 79];
wherein the first hinge member joins the first peripheral rim and the second peripheral rim at the hinge axis on a first side of the mobile device [figs. 3a-3e & para. 73-74], and the second hinge member joins the first peripheral rim and the second peripheral rim at the hinge axis on a second side of the mobile device [figs. 3a-3e & para. 73-74], thereby forming a continuous peripheral rim around a screen of the mobile device [figs. 3a-3e & para. 73-74].
As to claim 23, Wang discloses the foldable case of claim 21 wherein the hinge axis extends in a widthwise direction relative to the mobile electronic device [figs. 3a-3e].
As to claim 24, Wang discloses the foldable case of claim 21, wherein the hinge axis extends in a lengthwise direction relative to the mobile electronic device [figs. 3a-3e].
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 & 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7-8 of U.S. Patent No. 11689239. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the instant application are claiming common subject matter.
Claims of instant application
Claims of US 11689239
1
7 & 8
21
7 & 8
Conclusion
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/DAVID TUNG/Primary Examiner, Art Unit 2622