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 .
DETAILED ACTION
Claim Objections
Claims 5 are objected to because of the following informalities:
In claim 5, “the respective upper and lower side panels are attached by at least of: a spring hinge; a friction hinge; a living hinge; and a piano hinge” are unclear. This limitation lack antecedent basis and/or grammar error. Further clarification is required.
The Examiner respectfully requests that the Applicant(s) review all claims for any such similar issues.
Appropriate correction is required.
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 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 of this title, 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 1-5, 12, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Harlocker (US 20050205444) in view of Tao (US 5717566), and Thomas (US 20160234356).
Regarding claim 1, Harlocker disclosed A laptop case and foldable shade assembly for a laptop having a keyboard hinged to a monitor, (abstract, see also fig 1-5, laptop case and foldable shade assembly for a laptop having a keyboard hinged to a monitor as shown in fig 5) comprising: a clamshell case having two halves (at least fig 3, clamshell case having two halves 24, 22): a case lid (24 on top); and a base (22 on the bottom); and a shade component (at least fig 3, 20), having: a top visor panel (at least fig 4, 24 or 64, having a front side, a left side, a right side, and a rear side) having a front side, a left side, a right side, and a rear side (at least fig 4, 4 sides on 24/64), wherein the rear side is attached directly to an upper edge of the case lid by a hinge (at least fig 2, hinge up/down).
Harlocker lacks teaching (as a whole structure): a left upper side panel attached to the left side of the top visor panel; a right upper side panel attached to the right side of the top visor panel; a left lower side panel attached directly to the case lid; and a right lower side panel attached directly to the case lid, wherein the shade component is configured such that the top visor panel, left lower side panel, and right lower side panel are configured to remain attached directly to the case lid regardless of a relative orientation between the case lid and the base, wherein the shade component is configured to remain open without contacting the base, and wherein the case lid and the base are joined together along their adjacent rear edges with a friction hinge configured to allow the lid to open beyond a generally normal orientation relative to the base while the shade assembly is fully expanded.
Tao teaches a visor panel structure (abstract, see also fig 2) with side panels comprising: a left upper side panel (at least fig 2, 18/14) attached to the left side of the top visor panel (at least fig 2, left side); a right upper side panel attached to the right side of the top visor panel (at least fig 2, 14/18); a left lower side panel (at least fig 2, 20/16) attached directly to the rear structure; and a right lower side panel (at least fig 2, 16/20) attached directly to the rear structure, wherein the shade component is configured such that the top visor panel, left lower side panel, and right lower side panel are configured to remain attached directly to the rear structure regardless of a relative orientation between the upper housing and the base housing, wherein the shade component is configured to remain open without contacting the base (at least fig 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, or at the time of the invention was made, to include this feature (an upper side panel and a lower side panel connected to each side of the top visor panel and allow a folding status) and modify to previous discussed structure (modified to Harlocker’s side panels structure, with folding structure, and connects to Harlocker’s the top panel; the modification also keep Harlocker’s original design, attached to case lid on both sides, and the size/shape of the shade component to provide the privacy in the original design) so as to have (Harlocker in view of Tao): a left upper side panel attached to the left side of the top visor panel (Tao’s panel structure with folding); a right upper side panel attached to the right side of the top visor panel (Tao’s panel structure with folding); a left lower side panel (Tao’s panel structure with folding) attached directly to the case lid (Harlocker’s case lid); and a right lower side panel (Tao’s panel structure with folding) attached directly to the case lid (Harlocker’s case lid), wherein the shade component is configured such that the top visor panel, left lower side panel, and right lower side panel are configured to remain attached directly to the case lid (Harlocker’s case lid) regardless of a relative orientation between the case lid and the base (Harlocker’s case lid and base), wherein the shade component is configured to remain open without contacting the base (Harlocker’s base), and wherein the case lid and the base are joined together along their adjacent rear edges (Harlocker’s hinge).
The motivation to modify the previous discussed structure with the current feature (above modified shade structure) is to further enhance the folding process for the modified structure and/or reduce the parts/cost by using folding upper and lower side panels with fixedly structure (instead of fasteners); and/or reduce the cost.
Harlocker in view of Tao lacks teaching: the case lid and the base are joined together along their adjacent rear edges with a friction hinge configured to allow the lid to open beyond a generally normal orientation relative to the base while the shade assembly is fully expanded.
Thomas teaches a case (abstract, see also fig 1-347) comprising: a friction hinge configured to allow both structures to open beyond a generally normal orientation relative to the base (paragraph [369]-[373]; at least fig 1-8; ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, or at the time of the invention was made, to include this feature (friction hinge) and modify to previous discussed structure (the hinge portion) so as to have (Harlocker in view of Tao and Thomas): the case lid (modified Harlocker as discussed above) and the base (modified Harlocker as discussed above) are joined together along their adjacent rear edges with a friction hinge (Thomas) configured to allow the lid (modified Harlocker as discussed above) to open beyond a generally normal orientation relative to the base (modified Harlocker as discussed above) while the shade assembly is fully expanded (modified Harlocker as discussed above).
The motivation to modify the previous discussed structure with the current feature (above modified hinge) is to enhance the coverage of the laptop and/or improve the user’s experience and/or ensure the case is attached to the laptop housing more closely; and/or save the space of the whole area.
Regarding claim 2, modified Harlocker further disclosed the shade assembly in its storage position consists of the upper and lower side panels and the top visor panel which are folded inward along the interior planar with the interior surface of the lid (at least Tao’s fig 4; modified to the primary art as discussed).
Regarding claim 3, modified Harlocker further disclosed when stowing the shade assembly (at least Tao’s fig 4; modified to the primary art as discussed), the upper and lower side panels fold inward along an interior planar surface of the case lid in a flattened position (at least Tao’s fig 4; modified to the primary art as discussed), substantially parallel with an interior surface of the lid of the case (at least Tao’s fig 4; modified to the primary art as discussed).
Regarding claim 4, modified Harlocker further disclosed the upper side panel and the lower side panel on each side of the case lid are connected by a joining hinge (at least Tao’s fig 4; modified to the primary art as discussed).
Regarding claim 5, modified Harlocker further disclosed the respective upper and lower side panels attached by at least of a: i. spring hinge; OR i. friction hinge; OR iii. living hinge; OR iv. piano hinge. (see claim 1 rejection). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, or at the time of the invention was made, to include this feature (friction hinge) and modify to previous discussed structure so as to further enhance the hinge of the modified structure.
Regarding claim 12, modified Harlocker further disclosed zipper teeth positioned around the perimeter of the case lid and of the base of the case for securely joining the lid of the case and the base of the case when the case is in a closed configuration (paragraph [18]-[22]; see also fig 1).
Regarding claim 19, modified Harlocker further disclosed the shade assembly is configured such that, in an open position (an open position between Tao’s fig 2 and fig 4), the left upper side panel and left lower side panel are noncoplanar, and the right upper side panel and right lower side panel are noncoplanar.
Claims 10 is rejected under 35 U.S.C. 103 as being unpatentable over Harlocker (US 20050205444) in view of Tao (US 5717566) and Thomas (US 20160234356), further in view of Examiner’s Official Notice ( EON is now admitted prior art, see MPEP 2144.03)
Regarding claim 10, The primary art and/or the modified structure discussed in the preceding claim disclosed all the subject matter except for a built-in battery and charging port in the base of the case that provides a power source.
However, Examiner take official notice (EON) that the above limitations (a built-in battery and charging port in the base of the case that provides a power source) are well known. (Now Admitted prior art, see MPEP 2144.03)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to include this feature (a built-in battery and charging port in the base of the case that provides a power source) and modify to previous discussed structure (modified to the previous discussed case structure). The motivation to modify the previous discussed structure with EON feature is to further provide a power source and charging port for the modified structure.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
With respect to the Applicants’ remarks that, “Combining Harlocker and Tao would merely result in the visor panel of Tao attached to brackets which are, in turn, attached to the case lid of Harlocker. This would be fundamentally different than the claimed design where the left and right lower side panels are attached directly to the case lid, as claimed. The remaining references similarly fail to disclose this subject matter as claimed. As a result, no combination of the cited references would disclose or render obvious pending independent claim 1, as currently amended. On this basis, Applicant respectfully requests reconsideration of the Section 103 rejections of independent claim 1, as well as claims 2-5, 10, 12, and 19, which depend directly or indirectly from claim 1.” (pages 9-11).
Examiner’s Answer: the Examiner respectfully disagrees and notes that:
Examiner invite Applicant to read the argument one more time. In this case, Tao teaches a visor panel structure (abstract, see also fig 2) with side panels comprising: a left upper side panel (at least fig 2, 18/14) attached to the left side of the top visor panel (at least fig 2, left side); a right upper side panel attached to the right side of the top visor panel (at least fig 2, 14/18); a left lower side panel (at least fig 2, 20/16) attached directly to the rear structure; and a right lower side panel (at least fig 2, 16/20) attached directly to the rear structure, wherein the shade component is configured such that the top visor panel, left lower side panel, and right lower side panel are configured to remain attached directly to the rear structure regardless of a relative orientation between the upper housing and the base housing, wherein the shade component is configured to remain open without contacting the base (at least fig 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, or at the time of the invention was made, to include this feature (an upper side panel and a lower side panel connected to each side of the top visor panel and allow a folding status) and modify to previous discussed structure (modified to Harlocker’s side panels structure, with folding structure, and connects to Harlocker’s the top panel; the modification also keep Harlocker’s original design, attached to case lid on both sides, and the size/shape of the shade component to provide the privacy in the original design) so as to have (Harlocker in view of Tao): a left upper side panel attached to the left side of the top visor panel (Tao’s panel structure with folding); a right upper side panel attached to the right side of the top visor panel (Tao’s panel structure with folding); a left lower side panel (Tao’s panel structure with folding) attached directly to the case lid (Harlocker’s case lid); and a right lower side panel (Tao’s panel structure with folding) attached directly to the case lid (Harlocker’s case lid), wherein the shade component is configured such that the top visor panel, left lower side panel, and right lower side panel are configured to remain attached directly to the case lid (Harlocker’s case lid) regardless of a relative orientation between the case lid and the base (Harlocker’s case lid and base), wherein the shade component is configured to remain open without contacting the base (Harlocker’s base), and wherein the case lid and the base are joined together along their adjacent rear edges (Harlocker’s hinge).
The motivation to modify the previous discussed structure with the current feature (above modified shade structure) is to further enhance the folding process for the modified structure and/or reduce the parts/cost by using folding upper and lower side panels with fixedly structure (instead of fasteners); and/or reduce the cost.
With respect to the Applicants’ remarks that, “However, Applicant respectfully submits that the combination of references is improper because the combination would jettison the core purpose and teachings of Harlocker. For example, as described in detail in Applicant's previous response filed October 16, 2024, the nominal orientation provided by the shade assembly of Harlocker is explicitly required to accomplish Harlocker's intended purpose of providing privacy by blocking the screen from various angles. See, e.g., Harlocker at ¶ [0005]. For example, Harlocker describes how the case bottom, case top, central panel, and side panels foin a "five-sided cavity, with a sixth side open for viewing of the computer screen disposed within the cavity," further describing the panels as forming an "inverted U-shaped shroud" that is "open on a sixth side to permit viewing of the computer screen portion by an operator, while the shroud provides privacy and light shade." See id at ¶¶ [0009]-[0010], [0027]. The proposed combination would destroy that privacy purpose by creating gaps where Harlocker discloses side panels required for the five-sided cavity. See M.P.E.P. § 2143.01(V) ("If a proposed modification would render the prior art invention being modified unsatisfactory for its intended purposes, there may be no suggestion or motivation to make the proposed modification."); see also DePuy Spine, Inc. v. Medtronic Sofamor Danek;” (pages 10-15).
Examiner’s Answer: the Examiner respectfully disagrees and notes that:
Tao teaches a visor panel structure (abstract, see also fig 2) with side panels comprising: a left upper side panel (at least fig 2, 18/14) attached to the left side of the top visor panel (at least fig 2, left side); a right upper side panel attached to the right side of the top visor panel (at least fig 2, 14/18); a left lower side panel (at least fig 2, 20/16) attached directly to the rear structure; and a right lower side panel (at least fig 2, 16/20) attached directly to the rear structure, wherein the shade component is configured such that the top visor panel, left lower side panel, and right lower side panel are configured to remain attached directly to the rear structure regardless of a relative orientation between the upper housing and the base housing, wherein the shade component is configured to remain open without contacting the base (at least fig 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, or at the time of the invention was made, to include this feature (an upper side panel and a lower side panel connected to each side of the top visor panel and allow a folding status) and modify to previous discussed structure (modified to Harlocker’s side panels structure, with folding structure, and connects to Harlocker’s the top panel; the modification also keep Harlocker’s original design, attached to case lid on both sides, and the size/shape of the shade component to provide the privacy in the original design) so as to have (Harlocker in view of Tao): a left upper side panel attached to the left side of the top visor panel (Tao’s panel structure with folding); a right upper side panel attached to the right side of the top visor panel (Tao’s panel structure with folding); a left lower side panel (Tao’s panel structure with folding) attached directly to the case lid (Harlocker’s case lid); and a right lower side panel (Tao’s panel structure with folding) attached directly to the case lid (Harlocker’s case lid), wherein the shade component is configured such that the top visor panel, left lower side panel, and right lower side panel are configured to remain attached directly to the case lid (Harlocker’s case lid) regardless of a relative orientation between the case lid and the base (Harlocker’s case lid and base), wherein the shade component is configured to remain open without contacting the base (Harlocker’s base), and wherein the case lid and the base are joined together along their adjacent rear edges (Harlocker’s hinge).
The motivation to modify the previous discussed structure with the current feature (above modified shade structure) is to further enhance the folding process for the modified structure and/or reduce the parts/cost by using folding upper and lower side panels with fixedly structure (instead of fasteners); and/or reduce the cost.
With respect to the Applicants’ remarks that, “Applicant's Obiection to EON In its previous response, Applicant argued against the EON set forth in the Office Action dated August 21, 2024. See October 16, 2024, Response at 9. As the Office has not addressed these arguments, Applicant respectfully maintains its objection to the EON to the extent that the same EON is provided in the Office Action of December 23, 2024” (pages 15 to the end).
Examiner’s Answer: the Examiner respectfully disagrees and notes that: EON is Now Admitted prior art, see MPEP 2144.03.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY WU whose telephone number is (571)270-5420. The examiner can normally be reached on PHP: M-Th: 8:30-12:30; 2:30-8:30pm.
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/JERRY WU/ Primary Examiner, Art Unit 2841