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 01/27/2023 is being considered by the examiner.
Claim Rejections - 35 USC § 103
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 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 nonobviousness.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Dugoni (9,819,788) in view of McMurray (20160053525).
As to claim 1, Dugoni discloses a flexible fabric case (soft, flexible case comprises canvas material, canvas material is made of fabric material, column 6, line 10) for selectively limiting a user's ability to control said user's own mobile electronic device, said flexible fabric case comprising front (104) and rear portions (106) joined together (via stitching) and defining therein a containment area (interior compartment sized to receive the mobile electronic device) having an opening (112) for receiving said mobile electronic device (102), and a magnetic locking mechanism (column 6, line 30 teaches the locking mechanism can be magnetic plates. Furthermore, column 6, lines 52-67 further discloses that the locking means 114 having electronic receiver, the EAS detacher container strong magnets that interrupt electronic fields of the locking means 114, by touched to the EAS detacher 502 so that the electromagnetic field are interrupted to disable the locking means and unsecured to exposes the electronic device) for selectively securing said opening in a first locked position to prevent access to said mobile electronic device by said user until a predetermined condition is met (the locking mean 114 main lock until the lock touches the EAS). However, Dugoni does not specifically disclose said flexible fabric case comprising: a reinforcement layer for resisting tearing or cutting of said fabric of said containment area. Nevertheless, McMurray discloses a flexible vault with front and back panel construct of multilayer construction, the multilayer construction comprises a middle layer made with Kevlar layer ([0008]) to provide impact resistance or woven steel layer to provide further impact resistance as well as cut resistance). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pouch of Dugoni with middle reinforcement layer made with Kevlar or woven steel as taught by McMurray in order to prevent unauthorized access by cut through the pouch to the electronic device inside the container prior the predetermined condition is met.
As to claim 2, Dugoni as modified further discloses said fabric and reinforcement layer comprises a first thickness layer to block access by said user to said mobile electronic device.
As to claim 3, Dugoni as modified further discloses said fabric and reinforcement layer do not block or distort radio wave energy from penetrating the case (Dugoni discloses the outer fabric being canvas, canvas does not block the radio wave energy, McMurray also discloses that Kevlar material that would not block radio wave energy).
As to claim 4 Dugoni discloses a flexible fabric case (soft, flexible case comprises canvas material, canvas material is made of fabric material, column 6, line 10) for selectively limiting a user's ability to control said user's own mobile electronic device, said flexible fabric case comprising front (104) and rear portions (106) joined together (via stitching) and defining therein a containment area (interior compartment sized to receive the mobile electronic device) having an opening (112) for receiving said mobile electronic device (102), and a magnetic locking mechanism (column 6, line 30 teaches the locking mechanism can be magnetic plates. Furthermore, column 6, lines 52-67 further discloses that the locking means 114 having electronic receiver, the EAS detacher container strong magnets that interrupt electronic fields of the locking means 114, by touched to the EAS detacher 502 so that the electromagnetic field are interrupted to disable the locking means and unsecured to exposes the electronic device) for selectively securing said opening in a first locked position to prevent access to said mobile electronic device by said user until a predetermined condition is met (the locking mean 114 main lock until the lock touches the EAS). However, Dugoni does not specifically disclose said case comprising: a fabric which includes a reinforcement layer which resists tampering by the user by at least tearing or cutting said fabric and which also permits radio waves to be received by said mobile electronic device when said mobile electronic device is disposed in said flexible fabric case. Nevertheless, McMurray discloses a flexible vault with front and back panel construct of multilayer construction, the multilayer construction comprises a middle layer made with Kevlar layer ([0008]) to provide impact resistance or woven steel layer to provide further impact resistance as well as cut resistance), said fabric and reinforcement layer also permits radio wave to be received by said mobile electronic device when said mobile electronic device when said mobile electronic device is disposed in said flexible fabric case (Dugoni discloses the outer fabric being canvas, canvas does not block the radio wave energy, McMurray also discloses that Kevlar material that would not block radio wave energy). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pouch of Dugoni with middle reinforcement layer made with Kevlar or woven steel as taught by McMurray in order to prevent unauthorized access by cut through the pouch to the electronic device inside the container prior the predetermined condition is met.
As to claim 5, Dugoni as modified further discloses said reinforcement layer comprises fibers containing a tear or cut resistant polymer (Kevlar is a well-known synthetic fiber polymer).
As to claims 6-7, Dugoni further discloses said reinforcement layer comprises: a scrim or screen material and said scrim or screen material resists propagation of further damage after said fabric is punctured (the reinforcement layer is an interwoven Kevlar layer [0032] is considered as scrim material, therefore, as the canvas material being puncture, the Kevlar layer material or woven steel as additional layer would both prevent further propagation of the punctured.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN HOI CHEUNG whose telephone number is (571)270-5702. The examiner can normally be reached Monday to Friday 9AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUN HOI CHEUNG/Primary Examiner, Art Unit 3736