Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. It would be of great assistance to the office if all incoming papers pertaining to a filed application carried the following items:
i. Application number (checked for accuracy, including series code and serial no.).
ii. Group art unit number (copied from most recent Office communication).
iii. Filing date.
iv. Name of the examiner who prepared the most recent Office action.
v. Title of invention.
vi. Confirmation number (See MPEP § 503).
Response to Arguments
3. Applicant's arguments with respect to claims have been considered but are moot in view of the new ground(s) of rejection.
4. The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages, paragraph and figures may apply. Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
5. Claim interpretation: When multiple limitations are connected with “OR”, one of the limitations does have any patentable weight since both of the limitations are optional.
Claim Rejection- 35 USC § 103
6. 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 of this title, 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, 6-13, 15-18 & 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Haber et al (Pub No. US 2020/0260852) and further in view of Brammer (Pat No. 12028472).
Regarding claim 1, Haber et al discloses a foldable grip integrated into a panel of a mobile device case (Fig. 16 & 17D & 8 & Para. 92 & 14 & 125), said grip comprising: a base integrally connected to the panel (Fig. 8 & Para. 79 & 140: base integrally connected to a panel); a grip element mounted to said base wherein said grip element has a flat resting position and an extending deployed position (Fig. 8) & (Para. 125-126: FIG. 13, front surface 23 of base element 20 may have surface protrusions 47 and front surface 33 of upper element 30 may have cooperating surface indentations 48 that allow upper element 30 to rest flush against, and tightly fit against, base element 20) & (Abstract); wherein said grip element is circular (Fig. 8: Circular grip-20 & 30); wherein the extending deployed position comprises opposing secant portions of said grip element being folded (Fig. 8: Extending deployed position & Fig. 7: Folding gap-42) & (Para. 14: Foldable-un-foldable grip).
Haber et al does not explicitly disclose the extending deployed position curved away from the panel and toward each other to provide a curved taco-like shape defined by opposing semi-circular side surfaces; wherein an apex of each semi-circular side surface defines an outermost surface of the grip, thereby forming an unobstructed opening between the side surfaces adapted to engage a user's hand inserted therein.
In a similar field of endeavor, Brammer discloses the extending deployed position comprises opposing secant portions of said grip element being folded (Abstract: expended & collapsed grip & Fig. 3A & 3B) and curved away from the panel and toward each other to provide a curved taco-like shape defined by opposing semi-circular side surfaces (Fig. 3A & 3B: side corner view -curved away from the panel and toward each other to provide a curved taco-like shape-left side); wherein an apex of each semi-circular side surface defines an outermost surface of the grip, thereby forming an unobstructed opening between the side surfaces adapted to engage a user's hand inserted therein (Fig. 1: engage a user's hand inserted on unobstructed opening between the side surfaces & (Abstract: expended & collapsed grip & Fig. 3A & 3B: semi-circular side surface) & (Col 2 Line 20-59).
At the time of filling, it would have been obvious to use a grip element on a device housing to hold the device firmly for user convenience and prevent the device from falling from user hand and prevent any fall related damage of the device.
Regarding claim 10, Haber discloses grip element is formed from a moldable material (Para. 83: Material: plastic, carbon fiber or other materials).
Regarding claim 6 & 11, Haber et al discloses base is rotatably connected to the panel to enable rotational movement of said grip (Para. 120 & Fig. 12-13).
Regarding claim 7, Haber et al discloses said grip element is rotatably mounted to said base to enable rotational movement of said grip element (Para. 120 & Fig. 12-13).
Regarding claim 8, Haber et al discloses said grip is disposed in a central area of the panel (Fig. 8).
Regarding claim 9, Haber et al discloses said grip is disposed in a central area of the panel (Fig. 7).
Regarding claim 12 & 22, Haber discloses grip element is covered with a tactile material (Para. 83: Material: metal or plastic, carbon fiber or other materials).
Regarding claim 13, Haber et al discloses the extending deployed position is achieved by depressing a center area that releases the spring steel mechanism from the flat, resting position into extending deployed position (Para. 91-92: Connecting member 40 should preferably be elastic or automatically retracting when upper element 30 is pulled away from base element 20) & (Para. 14: A foldable cover that houses a spring that, when collapsed, pushes the discs away from each other while the foldable cover is semi-flexible).
Haber does not disclose the extending deployed position is resting position into the curved and extending deployed position.
Brammer discloses the extending deployed position is resting position into the curved (Fig. 2 & 3A) and extending deployed position (Fig. 2).
At the time of filling, it would have been obvious to use extending grip for a device holder to hold and secure the device properly.
Regarding claim 15 & 23, Haber does not disclose the base and grip element are fixed relative to one another and move as an integrated body.
Brammer discloses the base and grip element are fixed relative to one another and move as an integrated body (Abstract & Fig. 1).
At the time of filling, it would have been obvious to use a grip holding portion on the device holder for user to easily grip the device securely and safely.
Regarding claim 16, Haber et al discloses a mobile device case comprising: a housing including a rear panel (Fig. 16 & Para. 92); a foldable grip integrated into the rear panel (Fig. 16 & 17D & 8 & Para. 92 & 14 & 125), said grip comprising: a base integrally connected to the panel (Fig. 8 & Para. 79 & 140: base integrally connected to a panel); a grip element mounted to said base wherein said grip element has a flat resting position and an extending deployed position (Fig. 8) & (Para. 125-126: FIG. 13, front surface 23 of base element 20 may have surface protrusions 47 and front surface 33 of upper element 30 may have cooperating surface indentations 48 that allow upper element 30 to rest flush against, and tightly fit against, base element 20) & (Abstract).
Haber et al does not explicitly disclose the extending deployed position comprises opposing side portions of said grip element being folded and curved away from the panel and toward each other to provide a curved taco-like shape defined by opposing semi-circular side surfaces.
In a similar field of endeavor, Brammer discloses the extending deployed position comprises opposing side portions of said grip element being folded and curved away from the panel and toward each other to provide a curved taco-like shape defined by opposing semi-circular side surfaces (Fig. 3A & 3B: side corner view -curved away from the panel and toward each other to provide a curved taco-like shape-left side) & (Abstract: expended & collapsed grip & Col 2 Line 20-59).
At the time of filling, it would have been obvious to use a grip element on a device housing to hold the device firmly for user convenience and prevent the device from falling from user hand and prevent any fall related damage of the device.
Regarding claim 17, Haber et al is silent regarding the semi-circular side surfaces define an opening therebetween.
Brammer discloses the semi-circular side surfaces define an opening therebetween (Fig. 2 & 3A).
At the time of filling, it would have been obvious to use a grip holding portion on the device holder for user to easily grip the device securely and safely.
Regarding claim 18, Haber et al discloses grip element is circular (Fig. 3 & 8).
Regarding claim 21, Haber et al is silent regarding an apex of each semi-circular side surface defines an outermost surface of the grip, thereby forming an unobstructed opening between the side surfaces adapted to engage a user's hand inserted therein.
Brammer discloses an apex of each semi-circular side surface defines an outermost surface of the grip, thereby forming an unobstructed opening between the side surfaces adapted to engage a user’s hand inserted therein (Fig. 1: engage a user's hand inserted on unobstructed opening between the side surfaces & (Abstract: expended & collapsed grip & Fig. 3A & 3B: semi-circular side surface) & (Col 2 Line 20-59).
At the time of filling, it would have been obvious to use a grip holding portion on the device holder for user to easily grip the device securely and safely.
Claims 5, 14 & 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Haber et al (Pub No. US 2020/0260852), in view of Brammer (Pat No. 12028472) and further in view of Britt et al (Pub No 10561228).
Regarding claim 5 & 20, Haber et al is silent regarding grip element is configured to fold to greater and lesser degrees to provide different curvatures of the portion adapted to engage a user’s hand.
Britt et al discloses grip element is configured to fold to greater and lesser degrees to provide different curvatures of the portion adapted to engage a user’s hand (Fig. 10 & 9 & Col. 6 Line 62-67 & Col. 7 Line 1-5).
At the time of filling, it would have been obvious to use curved grip holding portion on the device holder for user to easily grip the device securely and safely.
Regarding claim 14, Haber et al is silent regarding rotatable movement of the grip element relative to the base is achieved by a mechanism selected from the group consisting of a frictional pin and an aperture, a sprocket arrangement, or a plurality of teeth and mating detents.
Britt et al discloses rotatable movement of the grip element relative to the base is achieved by a mechanism selected from the group consisting of a frictional pin and an aperture, a sprocket arrangement, or a plurality of teeth and mating detents (Fig. 9 Pin-32 & Col. 5-6).
At the time of filling, it would have been obvious to use a grip holding portion on the device holder for user to easily grip the device securely and safely.
Regarding claim 19, Haber et al discloses the extending deployed position comprises opposing secant portions of said grip element being folded (Abstract & Fig. 3).
Haber et al is silent regarding grip element being curved away from the panel and toward each other to provide a curved enclosure adapted to engage a user’s hand.
Britt et al discloses the extending deployed position comprises opposing secant portions of said grip element being folded and curved away from the panel and toward each other to provide a curved enclosure adapted to engage a user's hand (Abstract & Fig. 1 & 3 & Col. 4 Line 38-56).
At the time of filling, it would have been obvious to use curved grip holding portion on the device holder for user to easily grip the device securely and safely.
CONCLUSION
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication from the examiner should be directed to Patent Examiner Md Talukder whose telephone number is (571) 270-3222. The examiner can normally be reached on Mon-Th 8:00 am to 4:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Wesley Kim can be reached on 571-272-7867.
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/MD K TALUKDER/ Primary Examiner, Art Unit 2648