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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/26/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4-7 and 11 of U.S. Patent No. 11,290,142 in view of Dry (US Patent Pub. No. 2016/0304032 A1); and claims 1-7 and 12 of U.S. Patent No. 11,791,857 in view of Dry (US Patent Pub. No. 2016/0304032 A1).
Claim 1 of present application is met by claims 1 and 11 of Patent No. 11,290,142 in view of Dry (US Patent Pub. No. 2016/0304032 A1).
Claim 1 of present application is met by claims 1 and 12 of Patent No. 11,791,857 in view of Dry (US Patent Pub. No. 2016/0304032 A1).
Claim 3 of present application is met by claim 1 of Patent No. 11,791,857.
Claim 10 of present application is met by claim 2 of Patent No. 11,791,857.
Claim 11 of present application is met by claim 4 of Patent No. 11,791,857.
Claim 12 of present application is met by claim 5 of Patent No. 11,791,857.
Claim 13 of present application is met by claim 3 of Patent No. 11,791,857.
Claims 16 and 17 of present application are met by claim 6 of Patent No. 11,791,857.
Claim 18 of present application is met by claim 7 of Patent No. 11,791,857.
claim 19 of present application is met by claims 1 and 4-5 of Patent No. 11,791,857 in view of Dry (US Patent Pub. No. 2016/0304032 A1).
Please see direct claim comparison of instant application with Patent No. 11,290,142
Instant application 18/369,809
Patent No. 11,290,142
1. A device comprising: a base configured to be coupled to a mobile communication device, the base including a detent mechanism; a handle comprising a grip and a shaft, the shaft characterized by (i) a longitudinal handle axis, (ii) a first portion having a first diameter, (iii) a second portion having a second diameter that is different than the first diameter, and (iv) at least one recess configured to be releasably engaged with the detent mechanism; and a plurality of anchors comprising a first-end anchor, a second-end anchor and a middle anchor; the first-end anchor having a first channel that accommodates the first diameter, the second-end anchor having a second channel that accommodates the second diameter, and the middle anchor having a middle channel; each of the first channel, second channel and middle channel being coaxial with a longitudinal anchor axis; wherein the first channel, second channel and middle channel accommodate the shaft and allow it to be slidably translated along and rotated about the longitudinal anchor axis and longitudinal handle axis between a first orientation, in which the handle and grip are rotated flush with the base; and a second orientation that is different than the first orientation, in which the handle and grip are releasably fixed, through engagement of the detent mechanism and the at least one recess, at an angle relative to the base.
1. A device comprising: a base configured to be coupled to a mobile communication device; a handle comprising a grip and a shaft, the shaft characterized by a longitudinal handle axis, the grip coupled to the shaft at spaced-apart portions that include a first connecting region and a second connecting region; a bracket disposed on the base, the bracket comprising a distal anchor, a proximal anchor and a middle anchor; each of the distal anchor, proximal anchor and middle anchor having a channel that is coaxial with a longitudinal bracket axis; the distal anchor spaced apart from the middle anchor by a first separation space, and the middle anchor spaced apart from the proximal anchor by a second separation space; wherein the channel accommodates the shaft and allows the shaft to be slidably translated along and rotated about the longitudinal bracket axis and longitudinal handle axis within the channel between a first orientation, in which the handle and grip are rotated flush with the base; and a second orientation that is different than the first orientation, in which the handle and grip are fixed at an angle relative to the base.
As indicated above, Patent No. 11,290,142 discloses the first portion of the shaft having a diameter, the second portion having a diameter, the first-end anchor having a first channel that accommodates the first diameter, the second-end anchor having a second channel that accommodates the second diameter (claim 1) except for a first diameter, a second diameter that is different than the first diameter. It would have been an obvious matter of design choice to implement the first portion of the shaft having a first diameter, the second portion having a second diameter that is different than the first diameter, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).,
Also, Hwang et al discloses a first portion of a shaft having a diameter, a second prov
portion having a diameter that is different than the first diameter (figure 8, a rotating shaft 220; paragraph 0337 ).
Patent No. 11,290,142 does not disclose the base including a detent mechanism; and at least one recess configured to be releasably engaged with the detent mechanism;
Dry discloses a base including a detent mechanism; and at least one recess configured to be releasably engaged with the detent mechanism (figures 7-8, -detent features 65A-65C; paragraphs 0030-0031, “…detent features 65A-65C along the support post 64”)
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Dry in to the apparatus of Patent No. 11,290,142 such that a detent mechanism could be included to a base and at least one recess configured to be releasably engaged with the detent mechanism in order to provide convenient and secure locking arrangement.
Regarding claim 2, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 1. Patent No. 11,290,142 discloses each of the distal anchor, proximal anchor and middle anchor having a channel that is coaxial with a longitudinal bracket axis; wherein the channel accommodates the shaft (claim 1). Patent No. 11,290,142 does not disclose wherein the first diameter is greater than the second diameter; the second-end channel accommodates the second diameter but not the first diameter; and the middle channel comprises two segments, including a first segment that accommodates the first diameter and a second segment that accommodates the second diameter but not the first diameter. It would have been an obvious matter of design choice to implement first diameter is greater than the second diameter, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).,
Regarding the limitation of the middle channel comprises two segments, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to comprise two segments in the middle channel, since it has been held that mere duplication of the essential working part of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 4, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 1. Dry discloses a plurality of recesses disposed along a common circumference that is also common to the at least one recess (paragraphs 0032-0034), each of the recesses in the plurality of recesses configured to be releasably engaged with the detent mechanism to releasably lock the handle and grip at a corresponding plurality of angles relative to the base (paragraphs 0032-0034).
Regarding claim 5, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 4. Dry discloses at least one additional recess disposed away from the plurality of recesses and also configured to be releasably engaged with the detent mechanism to releasably lock the handle and grip at an angle relative to the base when the grip and handle are translated away from the first-end anchor such that the shaft is retained only by the middle anchor and the second-end anchor (paragraphs 0031 and 0034).
Regarding claim 6, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 5. Dry discloses a recessed channel coupling the at least one recess and the at least one additional recess (paragraphs 0031 and 0034).
Regarding claim 7, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 6. Patent No. 11,290,142 discloses wherein the recessed channel is shaped substantially as a longitudinal segment of a cylinder (claim 11).
Regarding claim 8, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 1. Dry discloses the detent mechanism comprises an interlocking element disposed on a spring member, wherein the spring member biases the interlocking element toward the longitudinal anchor axis (paragraph 0032).
Regarding claim 9, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 8. Dry discloses wherein the interlocking element is a hemispherical element; and the at least one recess is a hemispherical recess configured to engage with the hemispherical element (paragraph 0032, U-shaped lock bar ) .
Regarding claim 10, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 1. Patent No. 11,290,142 discloses wherein the handle is selectively fixed at an angle relative to the base to form a stand (claim 2).
Regarding claim 11, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 1. Patent No. 11,290,142 discloses wherein the grip comprises four finger openings disposed adjacent to each other (claim 4).
Regarding claim 12, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 11. Patent No. 11,290,142 discloses wherein the grip further comprises a palm opening between the four finger openings and the shaft (claim 5)
Regarding claim 13, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 12. Although Patent No. 11,290,142 does not explicitly disclose the device further comprising an insert that is configured to be removably attached to the grip and close the palm opening, as indicated in claim 12 above , Patent No. 11,290,142 discloses the grip further comprises a palm opening (claim 5) and a second magnet, and the first magnet and second magnet cooperate to fix the handle and the grip (claim 3). Since Patent No. 11,290,142 discloses the grip further comprises a palm opening and using magnets to fix the handle and the grip, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to configure an insert to be removably attached to the grip and close the palm opening.
Regarding claim 14, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 12. Patent No. 11,290,142 discloses wherein the insert comprises a magnet (claim 3).
Regarding claim 15, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 12. Patent No. 11,290,142 does not disclose wherein the insert comprises at least one of a radio frequency identification (RFID) tag or a near-field communication (NFC) device. However, the insert comprises at least one of a radio frequency identification (RFID) tag or a near-field communication (NFC) device is user preference.
Regarding claim 16, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 1. Patent No. 11,290,142 discloses wherein the base comprises a case for the mobile communication device (claim 6).
Regarding claim 17, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 1. Patent No. 11,290,142 discloses wherein the base comprises a surface having an adhesive configured to adhere to a portion of the mobile communication device(claim 6).
Regarding claim 18, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 1. Patent No. 11,290,142 discloses wherein the base includes a wallet that is configured to retain business cards, credit cards and/or identification cards (claim 7).
Regarding claim 19, claim 19 of present application is met by claims 1 and 4-5 of Patent No. . 11,290,142 in view of Dry (US Patent Pub. No. 2616/0304032 A1).
Regarding claim 20, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 19. Dry discloses the detent mechanism comprises an interlocking element disposed on a spring member, wherein the spring member biases the interlocking element toward the longitudinal anchor axis (paragraph 0032).
Claims 3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4-7 and 11 of U.S. Patent No. 11,290,142 in view of Dry (US Patent Pub. No. 2016/0304032 A1) further in view of Hassemer et al (US Patent Pub. No. 2011/0205695 A1).
Regarding claim 3, Patent No. 11,290,142 in view of Dry discloses the apparatus of claim 1. Patent No. 11,290,142 discloses the shaft is disposed in the first channel, middle channel and second channel (claim 1). Patent No. 11,290,142 does not disclose the device further comprising a cap.
Hassemer et al discloses a cap configured to be inserted into an end of a channel (paragraph 0022).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Hassemer et al in to the apparatus of Patent No. 11,290,142 in view of Dry, such that a cap could be configured to be inserted into an end of the first channel, such that when the shaft is disposed in the first channel, middle channel and second channel, and the cap is inserted into the end of the first channel, in order to prevent translation of the shaft away from the middle anchor and past the cap.
Conclusion
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/FATUMA G SHERIF/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649