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 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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Shannon III, US Patent Publication 2018/0138936.
Regarding independent claim 1, Shannon III teaches protective case (electronic device protection apparatus 10 of figures 1-8) for a mobile electronic device, preferably smartphone, with a touch-sensitive display device, in particular a touch screen (as defined in paragraph 0016); comprising;
- a back cover for at least partially covering and/or enclosing a rear side of the mobile device (as depicted by the back view of the apparatus in figure 3);
- a side wall cover for at least partially covering and/or enveloping a side wall, in particular a lateral periphery, of the mobile device (as depicted by the left-side view in figure 4 and the right-side view of figure 5 with a side wall cover of ring section 140), the side wall cover having at least one peripheral edge which is formed on an upper side of the protective case, in particular of the side wall cover, and which is provided for circumferentially engaging around and/or abutting against the display device of the mobile device (figures 3-5 show that the side wall cover has an edge that goes around the display of the device that is visible through the opening depicted in the front view of figure 2); and
- a receiving opening, in particular surrounded and/or enclosed at least in sections by the edge, by means of which the mobile device can be inserted and/or introduced into the interior of the protective case (figures 1 and 2 depict the front view of the case that is surrounded by the edges with a hole or opening for housing the device);
characterized in that the edge has at least one first and at least one second edge section, the second edge section being formed in the manner of a wiping and/or gesture edge for wiping over and/or swiping over with a finger and being lowered relative to the first edge section (paragraph 0018 explains that the ring section 140 has at least one second edge section of fingerswipe indentation 144 that is explained further in paragraph 0021 to be an edge section for swiping over with a finger and has a different indentation or is lowered relative to the rest of the ring section 140 of the first edge section. Although Shannon III teaches the given features, Shannon III does not teach that one edge is lowered relative to the other as it is indented and not lowered in height. However, this would be an obvious matter of rearrangement of parts since the opening is slightly moved. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)).
Regarding claim 2, Shannon III teaches protective case according to claim 1, characterized in that the second edge section has a lower and/or sloping edge height compared to the first edge section (paragraph 0018 explains that the ring section 140 has at least one second edge section of fingerswipe indentation 144 that is explained further in paragraph 0021 to be an edge section for swiping over with a finger and has a different indentation or is lowered relative to the rest of the ring section 140 of the first edge section).
Regarding claim 3, Shannon III teaches protective case according to claim 2, characterized in that a second edge height associated with the second edge section is formed smaller by at least 0.25 mm, preferably by at least 0.5 mm or more, compared to a first edge height associated with the first edge section (figure 1 shows that the second edge is sized to be smaller than the first edge height. Although the specific amount is not specified, the exact size would be an obvious matter of changing the size based on scaling. In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976)).
Regarding claim 4, Shannon III teaches protective case according to claim 1, characterized in that the second edge section has a contour sloping towards the interior and/or towards the receiving opening (figure 1 shows the transition of the second edge section. Although a slope is not explicitly discussed, this would be an obvious matter of changing the shape of the transition. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)).
Regarding claim 5, Shannon III teaches protective case according to claim 1, characterized in that the second edge section has a different surface texture compared to the first edge section, preferably with lower roughness and/or different haptics (paragraph 0024 explains that different areas may be formed with different textured surfaces, rendering obvious the idea of specifically forming the second edge section with a different texture).
Regarding claim 6, Shannon III teaches protective case according to claim 1, characterized in that the second edge section is positioned along the edge in such a way that the display device of the mobile device, in particular smartphone, can be actuated by wiping and/or sweeping over the second edge section with a finger (paragraph 0021 explains how “This configuration may enable an electronic device 200 user to interface with the electronic device 200 GUI by swiping with one or more fingers, for example, substantially along an axis FSA, from the non-display region 240 of the clearance area 144CA of the at least one fingerswipe indentation 144 to the touch-sensitive display region 220” such that the device is actuated based on the continuous motion of the swipe on the device that extends to the second edge section).
Regarding claim 7, Shannon III teaches mobile system, comprising;
- a mobile electronic device preferably a smartphone, with a touch- sensitive display device, in particular a touch screen (electronic device protection apparatus 10 of figures 1-8); and
- a protective case, preferably in accordance with the preamble of the preceding claims (as explained above), having at least one rear wall cover for at least partially covering and/or enclosing a rear side of the mobile device (as depicted by the back view of the apparatus in figure 3), at least one side wall cover for at least partially covering and/or enclosing a side wall, in particular a lateral periphery, of the mobile device (as depicted by the left-side view in figure 4 and the right-side view of figure 5 with a side wall cover of ring section 140), the side wall cover having at least one edge which runs around and is formed on an upper side of the protective case, in particular of the side wall cover, and which is provided for engaging around and/or abutting against the display device of the mobile device on the peripheral side, and an edge, in particular of the side wall cover, which is provided for engaging around and/or abutting against the display device on the peripheral side, in particular the side wall cover, which is provided for circumferential engagement and/or abutment against the display device of the mobile device (figures 3-5 show that the side wall cover has an edge that goes around the display of the device that is visible through the opening depicted in the front view of figure 2), and a receiving opening, in particular surrounded and/or enclosed at least in sections by the edge, by means of which receiving opening the mobile device can be inserted and/or introduced into the interior of the protective case (figures 1 and 2 depict the front view of the case that is surrounded by the edges with a hole or opening for housing the device);
characterized in that the protective case is formed according to at least one of the preceding claims (as explained above).
Regarding claim 8, Shannon III teaches mobile system according to claim 7, characterized in that the second edge section, in particular the second edge height, is lowered and/or formed relative to the first edge section in such a way that the mobile device, in particular the display device, is embraced and/or enclosed, in particular protected, circumferentially by the second edge section (paragraph 0018 explains that the ring section 140 has at least one second edge section of fingerswipe indentation 144 that is explained further in paragraph 0021 to be an edge section for swiping over with a finger and has a different indentation or is lowered relative to the rest of the ring section 140 of the first edge section and the device is embraced and/or enclosed by the given section).
Regarding claim 9, Shannon III teaches mobile system according to claim 7, characterized in that a transition formed between the mobile device, in particular the display device, and the second edge section is formed at least almost continuously (paragraph 0021 explains how “This configuration may enable an electronic device 200 user to interface with the electronic device 200 GUI by swiping with one or more fingers, for example, substantially along an axis FSA, from the non-display region 240 of the clearance area 144CA of the at least one fingerswipe indentation 144 to the touch-sensitive display region 220” such that the device and second edge are formed almost continuously to allow for the continuous swipe by the user).
Regarding claim 10, Shannon III teaches mobile system according to claim 7, characterized in that the protective case has a plurality of second edge sections, preferably positioned at different positions along the edge (figure 1 depicts multiple fingerswipe indentations 144 along the edge of the case at different positions), it being provided that different functions of the mobile device can be triggered or executed by wiping over and/or painting over the respective second edge sections (paragraph 0021 explains how “This configuration may enable an electronic device 200 user to interface with the electronic device 200 GUI by swiping with one or more fingers, for example, substantially along an axis FSA, from the non-display region 240 of the clearance area 144CA of the at least one fingerswipe indentation 144 to the touch-sensitive display region 220” such that the different fingerswipe indentations 144 correspond to different areas of the mobile device that allow execution of different functions based on the different locations of the mobile device that are actuated).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The closest prior art is made of record in the attached notice of references cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PARUL H GUPTA whose telephone number is (571)272-5260. The examiner can normally be reached Monday through Friday, from 10 AM to 7 PM.
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/PARUL H GUPTA/Primary Examiner, Art Unit 2627