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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
Regarding the amended claim 1, applicant argues that that the combination of the cited references do not teach the amended claim limitation. However, the examiner respectfully disagrees. Upon further consideration, a new ground of rejection using the cited references will be provided below.
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) 10-13 and 17-20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kim (U.S. Patent Pub. # US 2015/0365122 A1).
Regarding claim 10, Kim discloses a shell to protect a device (figures 1-3, a case 10: paragraphs 0029-0030) , the shell comprising: a first housing including a front perimeter edge (figures 1-2, a soft protective case 20 and a front perimeter edge of a hard protective frame 30; paragraph 0030) and a side wall extending along a portion of the front perimeter edge (figure 1-2, a side wall (i.e., a hard protective frame 30); paragraphs 0030), the front perimeter edge has a continuous perimeter surrounding a front display of the device (see figure 1, the case 10 with an electronic device 100; paragraph 0030) ; and a second housing configured to releasably connect to the first housing such that the device is secured within the shell when the second housing is connected to the first housing (figures 3, a cover 40; paragraphs 0030-0031).
Regarding claim 11, and as applied to the claim 10 above, Kim discloses wherein the first housing comprises a first set of guide rails (figure 3, grooves 70; paragraph 0031); the second housing comprises a second set of guide rails (figure 3, rails 80; paragraph 0031); and the first set of guide rails and the second set of guide rails are aligned during the connection of the first housing and the second housing (paragraph 0031).
Regarding claim 12, and as applied to the claim 10 above, Kim discloses wherein: the second housing comprises at least one tab (figure 10, a mating protrusion 49; paragraph 0050) ; the first housing comprises at least one ledge (figure 8A, a cavity 39; paragraph 0049); and during connection between the first housing and the second housing, the at least one tab of the second housing secures to the at least one ledge of the first housing (paragraph 0049).
Regarding claim 13, and as applied to the claim 10 above, Kim discloses wherein the first housing is configured to receive the device (paragraph 0030 and 0032).
Regarding claim 17, and as applied claim 10 above, Kim discloses wherein the first housing deforms outwardly from a center of the first housing when receiving the second housing (figures 3-4, the cover 40 and case 10; paragraphs 0030-0031, the first housing (i.e., the soft protective case 20) deforms outwardly (i.e., a raised wall 50) from a center of the first housing when receiving the second housing (i.e., the cover 40)).
Regarding claim 18, and as applied to claim 10 above, the shell further comprising an area on a side wall of the first housing such that the first housing may be gripped and flexed outwardly at the area on the side wall to allow removal of the second housing from the first housing (paragraph 0048, “…To close the storage compartment 60, a user slides up the cover 40 onto the hard protective frame 30 until the locking protrusion 37 mates or locks with the locking recess 47. sliding down the cover will dislodge the locking protrusion 37 from the locking recess 47”).
Regarding claim 19, and as applied to claim 10 above, Kim discloses wherein the first housing comprises an opening for a field of view of a scan window (figures 2, a contoured cavity 22; paragraph 0030 and see figure 1, an electronic device within a contoured cavity 22; paragraphs 0030 and 0032).
Regarding claim 20, and as applied to claim 10 above, Kim discloses wherein the first housing and the second housing are configured to form a continuous perimeter wall around the device, the continuous perimeter wall comprising a rigid material (paragraph 0030, a hard protective frame 30).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2 and 4-9, is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (U.S. Patent Pub. # US 2016/0043764 A1) in view of Whitten et al (U.S. Patent Pub. # US 2014/0360893 A1).
Regarding claim 1, Huang discloses a protective shell for a device (figures 1-4, a battery pack 100/ a protective case for mobile device; paragraphs 0066-0067 ), the protective shell comprising: a first housing (figures 1-4, a top section 404; paragraph 0072) comprising: a front perimeter edge (see figure 4, a front perimeter edge of the top section 404 of the battery pack 100; paragraph 0068), a side wall adjacent to the front perimeter edge (figure 4, a right and a left sides of the top section 404 of the battery pack 100; paragraph 0068), and at least one guide rail (figure 4, receive rails 408; paragraph 0072); and a second housing (figures 1-4, a bottom section 402; paragraph 0075) comprising at least one tab (figure 4, a tab 412; paragraph 0072) and at least one receiving rail (figure 1, receiving grooves 406a and 406b; paragraph 0072) ; wherein the first housing and the second housing combine to secure the device by :meshing the at least one guide rail and the at least one receiving rail (paragraph 0072, “…the bottom section 402 may include receiving grooves 406a and 406b that receive rails 408a and 408b from the top section 404. In this manner, the top section 404 can be coupled to the bottom section 402 by pressure fit.”), and securing the at least one tab to the ledge such that the tab is located within the at least one recess area (paragraph 0072) .
In another embodiment, Huang discloses a front continuous perimeter edge of a first housing (figure 30, a front perimeter edge of a bottom section 2502 of the accessory 2402; paragraph 0144) and at least one guide rail disposed in the front continuous perimeter edge (figure 30, a male connector rail 3002; paragraph 0144).
Therefore, it would have been obvious to one ordinary skill in the art beforethe effective filing date of the claimed invention to modify Huang, such that the first housing could be comprised a front continuous perimeter edge by design preference.
Huang does not disclose at least one recess area adjacent to a ledge.
Whitten et al discloses a recess area adjacent to a ledge (figure 1, opening 142; paragraph 0107)
Therefore, it would have been obvious to one ordinary skill in the art beforethe effective filing date of the claimed invention to incorporate the teachings of Whitten et al in to the apparatus of Huang, such that a recess area could be included adjacent to a ledge in order to attach a lanyard to the cover/housing then allow a user to hold the cover conveniently.
Regarding claim 2, Huang in view of Whitten et al disclose the apparatus of claim 1. Huang discloses wherein the at least one guide rails and the at least one receiving rail are complementary and interlace such that they are interlaced and slide together when the first housing, and the second housing slide together (paragraph 0072, “…the bottom section 402 may include receiving grooves 406a and 406b that receive rails 408a and 408b from the top section 404. In this manner, the top section 404 can be coupled to the bottom section 402 by pressure fit. For example, a tongue section 802 (FIG. 8) may slide on to the top section 404 such that an engaging tab 412 couples into a receiving groove 804 (FIG. 8) to secure the top section 404 to the bottom section 402.”).
Regarding claim 4, Huang in view of Whitten et al disclose the apparatus of claim 1. although Huang does not exility discloses wherein the first housing deforms outwardly from a center of the first housing when receiving the second housing, Huang discloses wherein the first housing deforms outwardly from a center of the first housing when receiving the second housing (see figure 4, the bottom section 402; paragraph 0072). it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to make wherein the first housing deforms outwardly from a center of the first housing when receiving the second housing, since it has been held that rearranging parts of an invention involved only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950).
Regarding claim 5, Huang in view of Whitten et al disclose the apparatus of claim 1. Huang discloses the protective shell further comprising an area on the side wall of the first housing such that the first housing may be gripped and flexed outwardly to allow removal of the second housing from the first housing (figure 3,a top side 314 of the battery pack 100; paragraph 0068).
Regarding claim 6, Huang in view of Whitten et al disclose the apparatus of claim 1. Huang does not disclose wherein the first housing includes button elements that allow the user to access buttons on an installed device while using the device is enclosed within the shell.
Whitten et al discloses a first housing includes button elements that allow the user to access buttons on an installed device while using the device is enclosed within the shell (paragraph 0104, 0134, 0138 and 0153).
Therefore, it would have been obvious to one ordinary skill in the art beforethe effective filing date of the claimed invention to incorporate the teachings of Whitten et al in to the apparatus of Huang, such that a first housing could be included button elements in order to allow the user to access buttons on an installed device while using the device is enclosed within the shell as taught by Whitten et al (paragraph 0134).
Regarding claim 7, Huang in view of Whitten et al disclose the apparatus of claim 1. Huang discloses wherein the second housing comprises guidance rails that allow a device within the shell to mesh with additional structures (paragraph 0072, “…the bottom section 402 may include receiving grooves 406a and 406b that receive rails 408a and 408b from the top section 404. In this manner, the top section 404 can be coupled to the bottom section 402 by pressure fit.”).
Regarding claim 8, Huang in view of Whitten et al disclose the apparatus of claim 1. Huang discloses wherein the front perimeter edge is continuous and unbroken around the front side of the device (see figure 4, a front perimeter edge of the top section 404 of the battery pack 100; paragraph 0068).
Regarding claim 9, Huang in view of Whitten et al disclose the apparatus of claim 1. Huang discloses wherein the first housing and the second housing are configured to form a continuous perimeter wall around the device (see figure 4, a front perimeter edge of the top section 404 of the battery pack 100; paragraph 0068).
Huang does not disclose the continuous perimeter wall comprising a rigid material.
Whitten et al discloses a first housing and the second housing are configured to form a continuous perimeter wall around the device, the continuous perimeter wall comprising a rigid material (paragraphs 0104, 0134, 0150, 0156 and 165).
Therefore, it would have been obvious to one ordinary skill in the art beforethe effective filing date of the claimed invention to incorporate the teachings of Whitten et al in to the apparatus of Huang, such that the continuous perimeter wall could be comprised a rigid material by design preference.
4. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (U.S. Patent Pub. # US 2016/0043764 A1) in view of Whitten et al (U.S. Patent Pub. # US 2014/0360893 A1) further in view of Sasaki et al (U.S. Patent Pub. # US 2019/0068230 A1).
Regarding claim 3, Huang in view of Whitten et al disclose the apparatus of claim 1. Huang in view of Whitten et al does not disclose wherein the first housing comprises a continuous ring of a uniform material.
Sasaki et al disclose a first housing comprises a continuous ring (paragraph 0028).
Therefore, it would have been obvious to one ordinary skill in the art beforethe effective filing date of the claimed invention to incorporate the teachings of Sasaki et al in to the apparatus of Huang in view of Whitten et al , such that the first housing could be comprised a continuous ring of a uniform material in order to provide additional protection to the device as taught by Sasaki et al (paragraph 0028).
5. Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (U.S. Patent Pub. # US 2015/0365122 A1) in view of Whitten et al (U.S. Patent Pub. # US 2014/0360893 A1).
Regarding claim 14, and as applied to the claim 10 above, Kim discloses wherein the first housing surrounds the front display of the device with a continuous ring retaining the device within the shell (figure 1, an electronic device 100; paragraphs 0029-0030, the first housing (i.e., the case 20 and the hard protective frame 30) surrounds the front display of the device 100 with a continuous ring (i.e., the hard protective frame 30) retaining the device 100 within the shell 10).
Kim does not disclose the continuous ring being molded from the same uniform material throughout.
Whitten et al discloses “a shell can be formed using a material that… an injection molded polycarbonate or other suitable plastic” (paragraph 0104).
Therefore, it would have been obvious to one ordinary skill in the art beforethe effective filing date of the claimed invention to incorporate the teachings of Whitten et al in to the apparatus of Kim, such that the shell could be formed using a material that the continuous ring being molded from the same uniform material throughout by design preference.
Regarding claim 15, Kim in view of Whitten et al disclose the apparatus of claim 14. Although Whitten et al does not disclose wherein a second material is layered on the first housing, Whitten et al discloses “…The shell preferably is formed using a material that is generally rigid and lightweight, such as but not limited to an injection molded polycarbonate or other suitable plastic material(s). Preferably, the shell comprises rigid sidewalls that surround an entirety or portions of the peripheral edges of the device”(paragraph 0104) Since Whitten et al discloses the shell preferably is formed using a material that is generally rigid and lightweight, … an injection molded polycarbonate or other suitable plastic material(s), it would have been obvious to one ordinary skill in the art to make a second material is layered on the first housing.
Regarding claim 16, Kim in view of Whitten et al disclose the apparatus of claim 15. Although Whitten et al does not disclose wherein the first material is plastic and the second material is rubber, Whitten et al discloses “…The shell preferably is formed using a material that is generally rigid and lightweight, such as but not limited to an injection molded polycarbonate or other suitable plastic material(s). Preferably, the shell comprises rigid sidewalls that surround an entirety or portions of the peripheral edges of the device.”(paragraph 0104). Since Whitten et al discloses the shell preferably is formed using a material that is generally rigid and lightweight, … other suitable plastic material(s), it would have been obvious to one ordinary skill in the art to use the first material is plastic and the second material is rubber by design preference.
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 FATUMA G SHERIF whose telephone number is (571)270-7189. The examiner can normally be reached 10am - 6pm.
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/FATUMA G SHERIF/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649
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