DTAILED 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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1, 6-9 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bachner III et al. (US 6,184,654), hereinafter Bachner, in view of Wojcik et al. (US 2014/0192481), hereinafter Wojcik
As to Claims 1, 9 and 17 , Bachner discloses in figure 1, a system comprising [see figures 1 and 2 ]
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a battery device [Cellular telephone (21); see Col. 3, lines 28-30] comprising:
a battery [battery 26; see Col. 3, lines 50-51];
and a battery device engager [locking mechanism 54; see Col. 5, lines 8-10]; and
a case [holster (20); see Col. 3,lines 15-30] comprising:
a case housing for receiving defining [the housing formed by side walls (28) and (30); see Col. 3, lines 34-37] a first chamber configured to receive a portable electronic device [as shown above the front side has a chamber that holds the electronic device] through a first opening to the first chamber and (2) a second chamber [back of the housing has a chamber for the battery; see figure above] configured to receive the battery device through a second opening to the second chamber [see figure above] , separate from the first opening, , wherein the first opening is configured to facilitate removal of the portable electronic device from the first chamber, and wherein the second opening is configured to facilitate removal of the battery device from the second chamber [noted the structure is capable to facilitate removal of the battery and the electronic device from the respective chambers] ; and a case engager [engager (56) see figures 5a-5C and also dimples (36) are used to hold the battery in the chamber configured to couple the battery device to the case when the case engager interacts with the battery device engager [see Col. 4, lines 58-67 and Col. 5, lines 1-15].
Bachner does not disclose explicitly, a tether for operably connecting the battery to an external device for power transfer between the battery to the external device; and wherein the second opening is configured to allow the tether to extend there through while the battery device is received within the second chamber.
Wojcik discloses in figure 2 (see figure below),
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a tether [element (230)] for operably connecting the battery to an external device for power transfer between the battery to the external device to an external device and wherein the second opening is configured to allow the tether to extend there through while the battery device is received within the second chamber. [see .¶0052 and ¶0048].
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to add electric power cable in Bachner’s device as taught by Wojcik in order to allow the electronic device battery and the battery pack provide power to external electronic device when AC power is not available.
` As to claim 6. Bachner discloses in figures 1-5, wherein the case housing forms a chamber [see figure 2] configured to surround a side portion [when the device (21) is installed the back and side portion of the device is covered] and a rear portion of the portable electronic device while leaving a front portion of the portable electronic device exposed when the portable electronic device is received within the chamber [see figure 1].
As to claim 7, Wojcik discloses in figures 1-10,wherein the tether comprises a tether connector that is configured to engage the external device with a rotational engagement [see figure element (230); the charger cable is considered as tether and it has some degree of rotation because of its flexibility].
As to Claim 8, Wojcik disclose in figures 1-10, wherein: the battery device further comprises a battery device connector [see figure 5-6] ; and the case further comprises a case connector configured to connect to the battery device connector when the battery device is coupled to the case to provide a communication link between the battery device and the case [see ¶0086-0087].
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to use electrical connecting means in Bachner’s apparatus as taught by Wojcik in order to allow the electronic device to communicate the status of the battery with the user.
As to claim 14, Wojcik discloses in figures 1-10, wherein the case housing defines a channel extending about a periphery of the case housing [see figure 2, the housing is extending to accommodate the device (205)], the channel being between the first side and the second side for receiving a tether of the battery device [cable 230; see figure 2.
As to claim 15, Wojcik discloses in figures 1-10, wherein the first chamber is configured to surround a side portion and a rear portion see figure 2, element 215; it shas side and receive portion] of the portable electronic device while leaving a front portion of the portable electronic device exposed when the portable electronic device is received within the first chamber [see figure 2].
As to claim 16, Wojcik discloses in figures 1-10, a case connector configured to connect to a battery device connector of the battery device when the battery device is coupled to the case to provide a communication link between the battery device and the case [see figure 10].
As to claim 17, Wojcik discloses in figures 1-10, device and a battery device, the case comprising :a case housing defining a first chamber [figure 2, element 210] for receiving the portable electronic device and a second chamber [figure 2, element 215] for receiving the battery device; control circuitry; and a connector for operably connecting the battery device to the control circuitry [ see figure 10, processor 1021] while the battery device is within the second chamber and connected to an external device [see ¶0037, ¶0052 and ¶0048].
As to claim 18, Wojcik discloses in figures 1-10, a user interface [see figure 10, display element 1028 ] configured to provide a notification based on an activity of the battery device [¶0092].
As to claim 19, Wojcik discloses in figures 1-10, wherein the control circuitry is configured to control power transfer between the portable electronic device, the battery device, and the external device [see ¶0095].
As to claim 20, Wojcik discloses in figure 1, an additional battery [supplemental battery ¶006 and ¶0159] within the case housing and configured to be electrically connected to the battery device through the connector while the battery device is within the second chamber [mechanical and electrical connections are used to connect the supplemental battery to the device].
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Bachner in view of Wojcik, and further in view of Landers (US 5,277.993)
As to claim 2, neither Bachner nor Wojcik discloses, wherein each of the battery device engager and the case engager comprises magnets.
Landers discloses in figure 1. wherein each of the battery device engager and the case engager comprises magnets [see Claim 2; and Col. 3, lines 10-20].
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to modify Bachner’s connection and use magnets as taught by Landers in order provide safe and reliable connections. .
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Bachner in view of Wojcik, and further in view of Ge et al. (US 2006/0154136), hereinafter Ge.
As to Claim 3, neither Bachner nor Wojcik discloses, wherein one of the battery device engager and the case engager comprises a latch, and the other of the battery device engager and the case engager comprises a detent.
Ge discloses in figures 6 and 7, wherein one of the battery device engager and the case engager comprises a latch [latch 120] , and the other of the battery device engager and the case engager comprises a detent [detent 424; see ¶0025].
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to modify Bachner’s connection and use a latch and a detent as taught by Ge in order to reliably secure on the holster and also easily remove the battery or the electronic device from the holster.
As to claim 4, Ge discloses in figures 6-7, wherein the case comprises an ejector [locking member 20] configured to, when actuated, to release the battery device from the case [see ¶0026].
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to use locking member in Bachner’s apparatus as taught by GE to prevent the device or battery from accidental fall. .
As to claim 5, Ge discloses in figures 6 and 7, wherein one of the battery device engager and the case engager comprise-3s a protrusion [protrusion 222] , and the other of the battery device engager and the case engager comprises a recess [recess portion (426); see ¶0026], such that the battery device is prevented from moving across a surface of the case when the battery device is coupled to the case [the recess and the protrusion provides the battery stay in the housing].
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to provide recess in Bachner’s apparatus as taught by GE to prevent the device or battery from accidental fall.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bachner in view of Wojcik in view of Sunderland et al. (US 5,337,215), hereinafter Sunderland.
As to claim 10, neither Bachner nor Wojcik discloses, a door pivotably coupled to the case housing to cover the second chamber in a first configuration and extend into the second chamber in a second configuration.
Sunderland l discloses in figure 2, a door [16] pivotably coupled to the case housing [compartment 14[ to cover the second chamber in a first configuration and extend into the second chamber in a second configuration [see Col. 9, lines 53-68].
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to use cover in Bachner’s apparatus as taught by Sunderlnad to protect the device or the battery from adverse weather.
It is also noted that all the claimed elements of applicant’s inventions were known in the prior art (e.g. holster/housing, battery, electronic device and etc.) and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention, proper motivation/rationale to combine is as given in the office action. See KSR, 127 S. Ct. at 1740, 82 USPQ2d at 1396.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Bachner in view of Wojcik, and further in view of Ge et al. (US 2006/0154136), hereinafter Ge.
As to claim 11, neither Bachner nor Wojcik discloses all of the claim limitations except, wherein the case engager comprises a latch configured to engage a detent of the battery device.
Ge discloses in figures 6 and 7, wherein the case engager comprises a latch [latch 120] , configured to engage a detent [detent 424; see ¶0025] of the battery device .
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to modify Bachner’s connection and use a latch and a detent as taught by Ge in order to reliably secure on the holster and also easily remove the battery or the electronic device from the holster.
As to claim 12, Ge discloses in figures 6-7, wherein the case comprises an ejector [locking member 20] configured to, when actuated, to release the battery device from the case [see ¶0026].
As to claim 13, Ge discloses in figures 6-7, wherein the case comprises an ejector [locking member 20] configured to, when actuated, move the battery device at least partially out of the second chamber [see ¶0026].
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to use locking member in Bachner’s apparatus as taught by GE to prevent the device or battery from accidental fall. .
Response to Arguments
Applicant's arguments filed 06/02/2026 have been fully considered but they are not persuasive.
Applicant’s Arguments
Applicant argues that the combination of the applied references are not understood to disclose or teach “ a case housing defining a first chamber configured to receive for receiving the portable electronic device and a second chamber configured to receive for receiving the battery device through a first end of the second chamber" and "a connector at a second end of the second chamber that is opposite the first end of the second chamber, the connector being configured to operably connect for operably connecting the battery device to the control circuitry while the battery device is within the second chamber and connected, through the first end of the second chamber, to an external device." [see page 11 of Applicant’s remarks ].
Examiner’s Response
At the outset, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck& Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Bachner discloses in figures 1-5, a case [holster (20)] with housing with front and back chamber [see Col. 3, lines 34-37] and the front chamber holds [cellular phone (21)] and the back chamber holds [battery pack ] and Bachner also discloses engager (56) [ see figures 5a-5C] and also dimples (36) to hold the electronic device and the battery pack in the chambers [see Col. 4, lines 58-67 and Col. 5, lines 1-15]. Wojcik discloses extending an electrical cable/ a tether [element (230)] for operably connecting the battery to an external device [see .¶0052 and ¶0048]. One skilled in the art would have combined the two teachings for the benefit of allowing the electronic device battery and the battery pack provide power to external electronic device when AC power is not available.
In response to applicant's argument that wherein the first opening is configured to facilitate removal of the portable electronic device from the first chamber, and wherein the second opening is configured to facilitate removal of the battery device from the second chamber
a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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 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 SAMUEL BERHANU whose telephone number is (571)272-8430. The examiner can normally be reached M_F.
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/SAMUEL BERHANU/Primary Examiner, Art Unit 2859
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