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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/10/26 has been entered.
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 1-3, 5, and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent #10,724,280 to Srour (Srour2) in view of U.S. Patent #10,774,871 to Srour (Srour) and U.S. Patent #10,897,984 to Roth (Roth).
With Respect to Claim 1
A grip for coupling to a portable electronic device, the grip comprising: a base portion (30); a cap portion (10) being moveable between a captured position where the cap portion is nearer to the base portion and a relaxed position where the cap portion is separated from the base portion by a gap (see, e.g. FIGS. 31 and 33 ); and a flexure bearing (40, 42, 46, 99, upper and lower plate structures, and related parts) comprising a base attachment member (noting lower flexure structure/plate that attaches to the base) coupled to the base portion and a cap attachment member coupled to the cap portion (noting upper flexure structure/plate that attaches to the cap), the flexure bearing providing at least one compliant degree of freedom to allow the cap portion to move from the captured position to the relaxed position, wherein the flexure bearing comprises one or more living hinge assemblies (99), wherein each living hinge assembly comprises a first living hinge connecting the base to a lower leg segment and a third living hinge connecting the upper leg segment to the cap attachment member (see, e.g. FIGS. 31-32); but does not disclose the captured position where the cap portion contacts the base portion, wherein when the cap portion is in the captured position a first surface of the cap portion is flush with a top surface of a frame of the base portion or wherein the flexure bearing comprises a living hinge assembly comprising a plurality of pairs of living hinges, and does not disclose the flexure bearing comprising a base attachment member moveably coupled to the base portion.
However, Srour discloses forming a similar grip such that the cap contacts the base portion in the captured position (see, e.g. Col. 2 lines 41-43) and that this is an alternative to nearly contacting the base portion, and the use of a living hinge (99) between upper and lower members coupled respectively to a cap and base.
Roth discloses forming a similar portable electronic device grip having a base portion (405, see, e.g. FIGS. 4A and 9) and cap (110) with a flexure bearing between them allowing them to move between a captured and release position, the flexure bearing including three hinges, the flexure bearing comprising a base attachment member (410) moveably coupled to the base portion (405) in order to allow for the device grip to rotate relative to the device.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Srour, to form the grip so as to contact the base portion in the captured position, in order to protect the interior, to reduce the likelihood of inadvertent deployment (e.g. preventing something from catching between the grip and cap and pulling the cap out), and/or as doing so constitutes at most a mere change in size/proportion (e.g. making the sidewall of the cap slightly larger or the interior hinge structures slightly thinner) which does not patentably distinguish over the prior art (MPEP 2144.04(IV)(A)). It would also have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Srour, to replace one or more of the rotating hinges with living hinges, for the art known benefits of living hinges and/or as a mere substitution of one art known hinge structure for another.
It would also have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Roth, to attach the base attachment member to the base portion using a rotatable connection as taught by Roth, in order to allow for rotation of the device grip in order to enhance user comfort, allow for switching between portrait and landscape modes when held and/or for other benefits of adjusting the orientation of the device grip, and/or as doing so constitutes merely making adjustable which does not patentably distinguish over the prior art (MPEP 2144.04).
With Respect to Claim 2
The grip of Claim 1, wherein the flexure bearing comprises: an upper flexible member (42) coupled to the cap portion; a lower flexible member (46) coupled to the base portion; and the living hinge assembly couples the upper flexible member to the lower flexible member.
With Respect to Claim 3
The grip of Claim 2, wherein each living hinge of the plurality of living hinges includes a thinned portion that has a thickness that is thinner than a thickness of the upper flexible member and thinner than a thickness of the lower flexible member (see e.g. Col. 5 lines 18-20).
With Respect to Claim 4
The grip of Claim 2, wherein the living hinge assembly provides force and motion transmission via the upper and lower flexible members to move the cap portion to the relaxed position through elastic body deformation (to the extent broadly claimed, the living hinge experiences elastic body deformation and force and motion will be transmitted via the upper and lower flexible members to move the cap to the relaxed position when a user exerts appropriate force on any of these interconnected parts).
With Respect to Claim 5
The grip of Claim 2, wherein the living hinge assembly is a unitary structure formed with the upper flexible member and the lower flexible member (obvious per Srour’s disclosure that this is how its living hinges are made or per Srour2’s living hinge structure).
With Respect to Claim 9
The grip of Claim 1, wherein the plurality of pairs of living hinges comprises: a first pair of living hinges (one upper and lower 99 in FIG. 31) coupled to the base portion and to the cap portion at first locations on a first side of the base portion and on the cap portion, respectively; and a second pair of living hinges (upper and lower 99 opposite the one chosen for the first pair) coupled to the base portion and to the cap portion at second locations on a second side of the base portion and on the cap portion, respectively, that is opposite the first side.
Alternately, any pair of living hinges on two of the legs on one side which replace the rotating hinges and the pair of living hinges on two of the legs on the opposite side from those two also meet the limitations of this claim.
With Respect to Claim 10
The grip of Claim 9, wherein the first and second pairs of living hinges are located on opposite sides of the base portion and the cap portion from one another.
With Respect to Claim 11
The grip of Claim 9, wherein the first pair of living hinges (noting living hinges on two adjacent legs which replace the rotating hinges 44, FIG. 31) are coupled to the cap portion and to the base portion by respective upper and lower flexible members at the first locations; and wherein the second pair of living hinges (living hinges on two adjacent legs which replace the rotating hinges 44, FIG. 31, this pair located opposite the ones selected as the first pair of hinges) are coupled to the cap portion and to the base portion by respective upper and lower flexible members (42/46) at the second locations.
With Respect to Claim 18
Srour2 in view of Srour and Epstein (see the rejection of claim 1 above for details of the combination) discloses a grip for coupling to a portable electronic device, the grip comprising: a base portion (30, for clarity it is noted that 30 is modified per Epstein to have the attachment structure 420/425 to removably attach the bottom structure/plate of the flexure bearing which is modified per Epstein to include 435 and related structure) and a base attachment portion (bottom plate of Srour2 FIGS. 31-33 as modified by Epstein) moveably coupled to the base portion (per Epstein, rotationally attached); a cap portion (10) and a cap attachment member (upper plate of flexure bearing of Srour2) coupled to the cap portion, the cap portion being moveable between a captured position where the cap portion contacts the base portion and a relaxed position where the cap portion is separated from the base portion by a gap, wherein when the cap portion is in the captured position a first surface of the cap portion is flush with a top surface of a frame of the base portion (flush per Srour); and a plurality of continuous materials (99, 42, 45-46 as modified to replace 45-46 with a living hinge per Srour) coupling the base portion and the cap portion, the continuous material comprising a first segment (46) and a second segment (42) separated by a living hinge (per Srour), the first segment coupled to the base portion by a second living hinge (99) and the second segment coupled to the cap portion by a third living hinge (99), but does not disclose a particular sizing of the parts and so does not disclose wherein a thickness of the grip enables power to be transferred through at least a portion of the grip from a charging device to a portable electronic device.
However, Epstein discloses forming a similar grip wherein a thickness of the grip enables power to be transferred through at least a portion of the grip from a charging device to a portable electronic device (Col 1 lines 43-46).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Epstein, to form the grip with a thickness that enables power to be transferred through at least a portion of the grip from a charging device to a portable electronic device, in order to allow for wireless charging.
With Respect to Claim 19
The grip of Claim 18, and that the thickness can be about 0.3 mm, but does not disclose wherein the thickness of the grip is less than 2.5 mm.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application to have the thickness of the grip be less than 2.5 mm in order to provide a smaller profile for the grip and device and/or as doing so constitutes at most a mere change in size/proportion which does not patentably distinguish over the prior art (MPEP 2144.04(IV)(A)).
With Respect to Claim 20
A grip for coupling to a portable electronic device, the grip comprising: a base portion (bottom plate to which flexure bearing attaches, see Srour2 FIGS. 31-33, modified by Epstein to
upper portion of 30 to which the flexure bearing attaches, for clarity it is noted that 30 is modified per Epstein to have the attachment structure 420/425 to removably attach the bottom structure/plate of the flexure bearing which is modified per Epstein to include 435 and related structure), and a base attachment member (bottom plate of Srour2 FIGS. 31-33 as modified by Epstein) moveably coupled to the base portion (rotatably coupled per Epstein); a cap portion (10), and a cap attachment member (top plate/structure which attaches to 10) coupled to the cap portion; and a plurality of continuous materials (99, 42, 46, and 44-45 as modified to replace 44-45 with a living hinge per Srour) coupling the base portion and the cap portion, wherein each continuous material comprises a first segment and a second segment separated by a living hinge (44-45 as modified by Srour), the first segment coupled to the base portion by a second living hinge (99) and the second segment coupled to the cap portion by a third living hinge (99), wherein the grip is movable through a plurality of configurations, wherein in a first configuration a primary surface of the base portion is parallel to a primary surface of the cap portion, and that in the collapsed position a first surface of the cap portion is flush with a top surface of a frame of the base portion (per Srour); but does not disclose the base portion comprises a first engagement member, a cap portion comprising a second engagement member, wherein in a first configuration the second engagement member is engaged with the first engagement member, or wherein in a second configuration a first end of the cap portion is positioned behind a protrusion of the first engagement member, wherein when the second engagement member is in the first position a first surface of the cap portion is flush with a top surface of a frame of the base portion.
However, Epstein discloses a similar grip having a base portion (3) that comprises a first engagement member (32), a cap portion (2, 401, and related structure) comprising a second engagement member (432), wherein in the first configuration the second engagement member is engaged with the first engagement member (FIG. 5 and description), and wherein in a second configuration a first end of the cap portion is positioned behind a protrusion of the first engagement member (FIG. 24 and description), wherein when the second engagement member is in the first position a first surface of the cap portion is flush with a top surface of a frame of the base portion (see, e.g. Epstein FIG. 23).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Epstein, to add first and second engagement members as taught by Epstein to the grip of Srour2/the combination, in order to allow for the second configuration so that the grip can be used as a stand as taught by Epstein.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5, 9-15 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 or U.S. Patent No. 11,786,031 or claims 1-20 of U.S. Patent No. 12,016,450, alone or also in view of Srour, Srour2, Epstein, Zimmerman, Chiang, and/or Barnett. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘031 or ‘450 patent disclose a similar grip member, and the other references of record disclose or render obvious the limitations that are not taught by the ‘450 patent.
Allowable Subject Matter
Claim 16 is 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.
The following is a statement of reasons for the indication of allowable subject matter: Epstein and U.S. Patent #11,786,031 disclose a protrusion to allow a grip to taken on a similar standing position, but neither Epstein nor the claims of the ‘031 patent details that the protrusion is part of a tapered sidewall of a female snap fit member, nor is this subject matter in combination with the other limitations of the claim taught by or obvious in view of the current prior art of record.
Response to Arguments
Applicant's arguments filed 3/10/26 have been fully considered but they are moot in view of the new ground(s) of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached on (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734
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