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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11 March 2026 has been entered.
Claim Objections
Claim 9 objected to because of the following informalities: “and or” should likely be “and/or”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “one or more awnings” which allows for a single awning and further recites “each awning” and similar references which seem to indicate or require two or more awnings. It is unclear if the claim can actually include a single awning. For this reason, the scope of claim 1 is unclear. For the purpose of examination, it is assumed that a single awning is possible and that in such a case, any instance of “each” when referring to the awning includes “the awning” or the like.
Claims 2-15 are rejected as depending from claim 1 and therefore incorporating the indefinite scope.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-5, and 7-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leung (GB 2530802 A).
Regarding claim 1, Leung discloses a cover for a portable electronic device comprising: a case body having a planar back defined by a sidewall (12/13); and one awning (formed by 15/16/17/18), comprised of a shape-retaining (noting Fig. 1) flexible material (as the material can flex from a contracted to an extended configurations), disposed along the case body such that the awning collectively and continuously span around the entire perimeter of the case body (Fig. 1), wherein the awning extends from and is movably engaged to the case body (Fig. 1), and wherein the awning is positioned at a corner of the case body (noting it is at least one corner), such that each awning spans across two adjacent sides of the case body; and wherein the awning is disposed with the case body at a distal end of the awning (Fig. 1), such that said distal end extends continuously along the perimeter between said two adjacent sides of the case body (Figs. 1, 7, and 14); wherein the portable electronic device is receivable within case body (Fig. 1).
Regarding claim 3, Leung discloses the awning is positioned at a corner of the case body and spans between a longitudinal side of the sidewall and an adjacently positioned latitudinal side of the sidewall (Fig. 1).
Regarding claim 4, Leung discloses the awning is disposed with the case body at a distal end of each respective awning, such that said distal end extends continuously between a longitudinal side of the sidewall and an adjacently positioned latitudinal side of the sidewall (Figs. 1 and 7).
Regarding claim 5, Leung discloses the awning comprises a proximal end extending away from the distal end and defines a curved surface corresponding to a portion of the perimeter of the case body to which the respective awning is disposed (Fig. 7, noting the portions corresponding with corners).
Regarding claim 7, Leung discloses the the back, the sidewall, and/or the one or more awnings are comprised entirely or partially from a thermally insulative material (to the degree that rubber or plastics material will be thermally insulative to some degree, Page 4, Lines 9-11).
Regarding claim 8, Leung discloses the back, the sidewall, and/or the one or more of awnings are comprised entirely or partially of rubber (Page 4, Lines 9-11).
Regarding claim 9, Leung discloses the back, the sidewall and or the plurality of awnings are comprised entirely or partially of silicone (Page 5, Lines 4-5).
Regarding claim 10, Leung discloses the back and the sidewall are resiliently connected to one another (Page 4; Ll. 9-12).
Regarding claim 11, Leung discloses the sidewall includes an opening (26) structurally capable of allowing passage of a properly sized and shaped peripheral wire and/or charge cord.
Regarding claim 12, Leung discloses the back comprises an aperture (25) corresponding to the position of a camera on a mobile electronic device.
Regarding claim 14, Leung discloses the case body is sized to receive an electronic device containing a screen within the space defined by the sidewalls (Fig. 1).
Regarding claim 15, Leung discloses the electronic device is one or more of a mobile phone, a tablet (Abstract).
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leung (GB 2530802 A) in view of Gormick et al. (US 2012/0112031 A1).
Regarding claim 13, Leung does not specifically disclose a flap to be received within and/or cover over the perimeter of the aperture.
Gormick teaches the ability to have a case including a flap (110) to cover a camera aperture.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Leung and include a flap to cover a camera opening in the case in order to protect the camera as suggested by Gormick (Paragraph 0020).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gander et al. (US 2017/0279944 A1) (Gander).
Regarding claim 20, Gander discloses a kit for a covering system for a portable electronic device (Fig. 9) comprising: at least one awning (901) comprised of a shape-retaining flexible material (Paragraph 0191 noting collapsible rubber), which is attachable to a portable electronic device (10) or a cover for said portable electronic device, and wherein once attached to the electronic device or the cover for said portable electronic device the one or more awnings extend from and are movably engaged to the case body (Fig. 9, Paragraph 0190).
Gander teaches, at least in another embodiment, the ability for the awning to include an adherent surface to allow for disposal along a surface of the portable electronic device or the cover for said portable electronic device (Paragraph 0214).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the embodiment of Fig. 9 and use the teaching of the embodiment of Fig. 12 and attach the awnings via an adherent surface because such a change would have required the mere choice of one suitable attachment structure or method over another and would have yielded predictable results.
Allowable Subject Matter
Claim 16-19 are allowed.
Claims 2 and 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 and 20 have been considered but are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW T THEIS whose telephone number is 571-270-5700. The examiner can normally be reached 7:00 am - 5:00 pm Monday - Thursday.
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/M.T.T./Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734