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 & 3 [Remarks: pg. 8, 1st para. – pg. 12, 3rd para.] 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 request for rejoinder [Remarks: pg. 12, 4th para. – pg. 13, 2nd para.], the arguments appear to be arguing special technical feature, which is utilized with lack of unity corresponding to PCT applications. However, the claims were restricted under election of species.
Further, “1. Elected claims are allowable” & “2. Restoration of unity and rejoinder is proper” [Remarks: pg. 12, 5th para. – 6th para.] are moot because there are currently no allowed. Claims.
Regarding “3. The non-elected claims share the special technical feature” [Remarks: pg. 12, last para. – pg. 13, 2nd para.], the Applicant has already elected species I [corresponding to figures 1-6 & claims 1-3 & 7-10] WITHOUT traverse in the reply filed 8/7/2025.
Further, the sliding mechanism of species II is a different mechanism than a purely rotational mechanism of Species I.
Thus, the withdrawn claims will not currently be rejoindered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3 & 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. (US 20130273944), in view of Kennard et al. (US 20150038200).
As to claim 1, Wilson teaches a protective case for a mobile terminal [abstract], comprising:
a lower shell (posterior portion 170) [figs. 1a-1g],
an upper cover (anterior portion 110, transparent covering portion 130, & boot 160 form upper cover) [figs. 1a-1g] detachably connected to the lower shell, and
a waterproof plug (audio port cover 140) [figs. 1a-1g & 3 & para. 58-59, 3, 40, 47-48, & 22];
wherein the upper cover and the lower shell are fitted together to form an accommodating cavity [figs. 1a-1g & para. 39-44];
the accommodating cavity is configured to accommodate the mobile terminal (device 10) [figs. 1a-1g & para. 39-44];
wherein a microphone through hole (audio port aperture 162j) [figs. 1a-1g & 3 & para. 58-59, 3, 40, 47-48, & 22] and a groove (groove of audio port cover recess 162h) [fig. 5b & para. 51 & 58] are defined in a sidewall of the upper cover;
wherein the microphone through hole and the groove are spaced apart from each other (groove of audio port cover recess 162h spaced apart from audio port aperture 162j) [fig. 5b];
wherein the microphone through hole is in communication with the accommodating cavity (audio port aperture 162j through hollow region 162b to device 10) [fig. 5a-b & para. 47];
wherein the waterproof plug is rotatably connected to the upper cover [figs. 1a-1g & 3 & para. 58-59];
wherein the waterproof plug is operative to be rotated and is configured to be fitted inside the microphone through hole [figs. 1a-1g & 3 & para. 58-59].
Wilson does not explicitly teach wherein the waterproof plug is operative to be rotated and is configured to be fitted inside the microphone through hole or fitted inside the groove by rotating the waterproof plug, and wherein the waterproof plug is operative to be detached from the microphone through hole or the groove by rotating the waterproof plug.
Kennard teaches the concept of a protective case for a mobile terminal [abstract & para. 7], wherein a waterproof plug (door 25 rotates about pin of hinge connection 27 & seals aperture 31) [figs 2a-5e & para. 37] is operative to be rotated and is configured to be fitted inside a port through hole (aperture 31 corresponding to opening 24) [figs. 2a-5e & para. 36 & 38-40] or fitted inside a groove (recess 41) [figs. 3a-5e & para. 46-48] by rotating the waterproof plug [figs. 2a-5e & para. 37], and wherein the waterproof plug is operative to be detached from the port through hole or the groove by rotating the waterproof plug [figs. 2a-5e].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the waterproof plug and the groove of the protective case of Wilson, such that the waterproof plug is operative to be rotated and is configured to be fitted inside the microphone through hole or fitted inside the groove by rotating the waterproof plug, and wherein the waterproof plug is operative to be detached from the microphone through hole or the groove by rotating the waterproof plug, as taught by Kennard, to improve durability and usability, as taught by Kennard [para. 5-6].
Thus, Wilson as modified by Kennard teaches wherein the waterproof plug comprises a first state (closed state of audio port cover 140) [Wilson: figs. 1a-1g & 3 & para. 58-59 & Kennard: figs. 2a-5e] and second state and is operative to switch back and forth between the first state and the second state (open state of audio port cover 140) [Wilson: figs. 1a-1g & 3 & para. 58-59 & Kennard: figs. 2a-5e],
wherein in the first state the waterproof plug is fitted inside the microphone through hole and is not fitted inside the groove (as modified, audio port cover 140 does not fit inside as modified enlarged groove, see recess 41 of Wilson for retaining audio port cover 140) [Wilson: figs. 1a-1g & 3 & para. 58-59 & Kennard: figs. 2a-5e], and wherein in the second state the waterproof plug is fitted inside the groove and is not fitted inside the microphone through hole (as modified, audio port cover 140 engages with as modified enlarged groove recess 41 of Wilson for retaining audio port cover 140, and does not cover microphone through hole, audio port aperture 162j) [Wilson: figs. 1a-1g & 3 & para. 58-59 & Kennard: figs. 2a-5e];
wherein when the waterproof plug is rotated from the second state to the first state [Wilson: figs. 1a-1g & 3 & para. 58-59 & Kennard: figs. 2a-5e], the waterproof plug is detached from the groove and is fitted in the microphone through hole to seal the microphone through hole [Wilson: figs. 1a-1g & 3 & para. 58-59 & Kennard: figs. 2a-5e];
wherein when the waterproof plug is rotated from the first state to the second state [Wilson: figs. 1a-1g & 3 & para. 58-59 & Kennard: figs. 2a-5e], the waterproof plug is detached from the microphone through hole and is fitted inside the groove [Wilson: figs. 1a-1g & 3 & para. 58-59 & Kennard: figs. 2a-5e].
As to claim 2, Wilson as modified by Kennard teaches the protective case for the mobile terminal according to claim 1, wherein the protective case further comprises a rotating shaft (fastener 101) [Wilson: figs. 1a-1g & 3 & para. 58-59 & Kennard: figs 2a-5e & para. 37];
wherein the rotating shaft is arranged between the microphone through hole and the groove [Wilson: figs. 1a-1g & 3 & 5b & para. 58-59 & Kennard: figs 2a-5e & para. 37];
wherein the waterproof plug is rotatably connected to the upper cover through the rotating shaft [Wilson: figs. 1a-1g & 3 & 5b & para. 58-59].
As to claim 3, Wilson as modified by Kennard teaches the protective case for the mobile terminal according to claim 2, wherein a first boss (plug 142 of audio port cover 140) [Wilson: figs. 1a-1g & 3 & para. 58-59] is arranged on a first side of the waterproof plug;
wherein a second boss (as modified audio port cover 140 would utilizes latch 37 of Kennard, which protrudes from a second side and acts as a second boss) [Wilson: figs. 1a-1g & 3 & para. 58-59 & Kennard: figs. 2a-5e] is arranged on a second side of the waterproof plug;
wherein in the first state, the second boss is detached from the groove and the first boss is inserted into the microphone through hole to seal the microphone through hole (plug 142) [Wilson: figs. 1a-1g & 3 & para. 58-59 & Kennard: figs. 2a-5e & para. 44];
wherein in the second state, the first boss is detached from the microphone through hole and the second boss is inserted into the groove (latch 37 inserted into notch 43 portion of recess 41) [Wilson: figs. 1a-1g & 3 & para. 58-59 & Kennard: figs. 2a-5e & para. 47].
As to claim 7, Wilson as modified by Kennard teaches the protective case for the mobile terminal according to claim 1, wherein a clamping groove (angled bezel 176 of posterior portion 170 forms groove corresponding to window 177) [Wilson: figs. 1a-1g & para. 66] is defined on the lower shell;
the upper cover comprises a limit rib (limit rib formed by groove 165 & rear panel 161 that corresponds to window 177) [Wilson: figs. 1a-1g & para. 66] corresponding to the clamping groove, and the limit rib is detachably clamped in the clamping groove [Wilson: figs. 1a-1g], so that the upper cover is detachably connected to the lower shell [Wilson: figs. 1a-1g].
As to claim 8, Wilson as modified by Kennard teaches the protective case for the mobile terminal according to claim 7, wherein the protective case further comprises a sealing ring (ridge 178) [Wilson: figs. 1a-1g];
the sealing ring is arranged in the clamping groove (ridge 178 part of angled bezel 176) [Wilson: figs. 1a-1g];
the limit rib abuts against the sealing ring (rib formed by groove 165 & rear panel 161 abuts against ridge 178) [Wilson: figs. 1a-1g].
As to claim 9, Wilson as modified by Kennard teaches the protective case for the mobile terminal according to claim 1, wherein the upper cover comprises a frame (anterior portion 110) [Wilson: figs. 1a-1g & para. 39] and a protective film (transparent covering portion 130) [Wilson: figs. 1a-1g & para. 39-40];
the protective film is sleeved in the frame [Wilson: figs. 1a-1g];
the frame is detachably connected to the lower shell (fasteners 101 detachably connect posterior portion 170 to anterior portion 110) [Wilson: figs. 1a-1g];
the protective film is arranged opposite to the lower shell (transparent covering portion 130) [Wilson: figs. 1a-1g & para. 39-40];
wherein the frame, the protective film, and the lower shell are enclosed to define the accommodating cavity [Wilson: fig. 1f];
the microphone through hole and the groove are defined on a sidewall of the frame (hollow region 162b & audio port aperture 162j) [Wilson: figs. 1a-1g & 5a-5b].
As to claim 10, Wilson as modified by Kennard teaches the protective case for the mobile terminal according to claim 9, wherein the frame comprises a step (lip 118) [Wilson: figs. 1a-1g & para. 57] extending inwards in a radial direction [Wilson: figs. 1a-1g];
the step is configured to abut against one side of the protective film away from the lower shell (lip 118 abuts against transparent covering portion 130) [Wilson: figs. 1a-1g].
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 DAVID TUNG whose telephone number is (571)270-3385. The examiner can normally be reached Monday-Friday; 10:00AM - 6:00PM.
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/DAVID TUNG/Primary Examiner, Art Unit 2622