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 .
Claim Objections
Claim 6 is objected to because of the following informalities: Claim 6 recites, “PC”, please provide abbreviation for this term. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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, 2, 7, 9, 10 and 15 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Lin (US2024/0414256)(hereafter Lin).
Regarding claim 1, Lin discloses a rotary kickstand (see, abstract), comprising:
a base (1) (see, Fig. 3, base, 13) and a ring pull (2) (see, Fig. 3, ring pull, 3), the base (1) and the ring pull (2) being rotatably connected (see, Fig. 4, see, abstract, A ring kickstand includes an annular base, and a ring buckle assembled in an inner hole of the annular base and rotatably connected to the annular base on one side), wherein a first opening (11) for receiving the ring pull (2) is formed in the base (1) (see, Fig. 3, 13 as shown receiving the ring pull, 3),
a damping device (3) is arranged at a joint of the ring pull (2) and the base (1) (see, Fig. 3, para [0030], in specific implementation, by designing the shaft 30 and the shaft hole 1331 as an interference fit, the ring buckle 3 has a better damping positioning effect when rotating relative to the rotation seat 31, and it is convenient to realize positioning support at any angle of rotation),
a magnetic device (4) is arranged on a lower surface of the base (1), a groove (12) is arranged along a side edge of the base (1) (para [0029], the annular base 1 can also be magnetically adsorbed on other external objects that can be magnetically adsorbed by means of the magnet 5),
a stop ring (5) is arranged in the groove (12) and is detachably connected to the base (1) (see, Fig. 3, [0032], Fig. 3, the in13 the groove as shown where the stop ring 5 can be fit, para [0029], The annular receiving slot 113 is assembled with a plurality of magnets 5 arranged in a ring shape along the annular receiving slot 113), and
a width of the stop ring (5) is greater than a depth of the groove (12) (see, Fig. 3, the as shown the stop ring 5 has width greater than the depth of the groove of 13 as shown).
Regarding claim 2, Lin further discloses the rotary kickstand, wherein the damping device (3) comprises a plurality of damping shafts (31), and each of the damping shafts (31) has an end threadedly connected to the base (1), as well as an end connected to the ring pull (2) (para [0030], in specific implementation, by designing the shaft 30 and the shaft hole 1331 as an interference fit, the ring buckle 3 has a better damping positioning effect when rotating relative to the rotation seat 31, and it is convenient to realize positioning support at any angle of rotation, para [0023], The ring buckle 3 is assembled in the inner hole of the inner ring body 13, and rotatably connected to the inner ring body 13 by means of a shaft 30).
Regarding claim 7, Lin further discloses the rotary kickstand, wherein a second opening (51) facilitating disassembly is formed in the stop ring (5) close to the damping device (3) (see, Fig. 3, a shown the disassembly formed in the stop ring 5, of 13 and shaft device, 30, para [0025], the ring buckle 3 is rotatably connected to the inner ring body 13 and can rotate about the shaft 30 relative to the outer ring body 11, as shown by the two-way arrow C in FIG. 2, para [0029], The annular receiving slot 113 is assembled with a plurality of magnets 5 arranged in a ring shape along the annular receiving slot 113. The annular base 1 can be directly adsorbed on the housing 100 of the handheld electronic device by means of magnetic attraction, which is convenient for assembly and disassembly).
Regarding claims 9, 10 and 15, Lin further discloses a mobile phone case, comprising a shell (6), wherein the mobile phone case uses the rotary kickstand according to Claim 1, and a mounting groove (61) for receiving the rotary kickstand is formed in the shell (6) (see, Fig. 3, 7 can be interested mounting groove (Fig. 3, 112) as rotary kickstand (3 and 13) fits into the mounting groove, 112).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 non-obviousness.
Claim(s) 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Patterson et al. (US11125363) (hereafter Patterson).
Regarding claim 8, Lin does not disclose the rotary kickstand, wherein the stop ring (5) is made from stainless steel. However, Patterson teaches in col. 3 lines 62-67, Stop ring 14 can be made of several kinds of materials, such as carbon steel, stainless steel, super duplex stainless steel, high alloy steel, cast iron, aluminum, polyvinyl chloride (“PVC”), fiberglass, plastic, composite, etc., depending on the application. Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to combine the teachings of Patterson with the Lin, as a whole, so as to implement stop ring with the material as claimed, the motivation is to yield predictable results.
Regarding claim 16, Lin further discloses a mobile phone case, comprising a shell (6), wherein the mobile phone case uses the rotary kickstand according to Claim 8, and a mounting groove (61) for receiving the rotary kickstand is formed in the shell (6) (see, Fig. 3, 7 can be interested mounting groove (Fig. 3, 112) as rotary kickstand (3 and 13) fits into the mounting groove, 112).
Allowable Subject Matter
Claims 3-6 and 11-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Park et al. (US2024/0201734) discloses kickstand for opening foldable computing device.
Yang et al. (US2023/0299807) discloses case for electronic device and magnetic assembly.
Lim et al. (US2024/0103566) discloses display system,
Short (US2024/0073309) discloses privacy enabled mobile phone case.
Fowler (US2023/0362287) discloses collapsible ergonomic accessory for a handheld mobile device.
Backus (US11786031) discloses grip for portable electronic devices.
Bai et al. (US 2023/0291821) discloses foldable grip for mobile devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DHAVAL V PATEL whose telephone number is (571)270-1818. The examiner can normally be reached Monday to Friday (8:00am-4:30pm).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah Wang can be reached at 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DHAVAL V PATEL/ Primary Examiner, Art Unit 2631