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 .
Specification
The disclosure is objected to because of the following informalities:
In paragraph 33, it refers to the ring piece as 3 instead of 4.
In paragraph 23 on line 1, applicant recites "11. keyaps" and then in paragraph 26 line 6, applicant recites "keycaps 11". Please correct such that both terms are the same.
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 (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.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 11,658,694 B1) in view of HUIKA (Slide Camera Case for iPhone, publication date 17 May 2023, [online] URL: https://www.aliexpress.com/i/3256805394134284.html (Year: 2023) (hereafter referred to as “HUIKA”))
Regarding claim 1, Wang teaches a mobile phone case with holder (fig. 1, column 2 lines 55-56, read as a cell phone case with multifunctional holder), wherein
the mobile phone case (1) is configured on one side to hold a mobile phone (column 2 lines 55-56, 62-64, read as a cell phone case, where the part of the inner side of the housing 1 mainly refers to an inner side surface configured to mount a cell phone thereon) and the other side is configured with a support structure, the support structure comprises a holder (3) (fig. 6, 7, column 3 lines 3-6, read as ring holder 7 disposed on an outer side of the housing 1 is arranged on the rotating nail 3. It is noted that this ring holder 7 is what provides support to hold up the phone, as seen in column 3, lines 44-45, read as the ring holder may also be rotated 360 degrees to support the cell phone.);
a fixed swivel (2) is assembled on the mobile phone case (1) (fig. 1, column 2 lines 59-61, read as the rotating nail 3 extends into a part of an inner side of the housing 1 to rivet with a metal gasket 4 so that the rotating nail 3 is capable of rotating on the housing 1).
the fixed swivel is configured to be rotatable on the mobile phone case (2) along its own centerline, (fig. 6-7, column 1 lines 30-35, read as a rotating opening is defined in the housing, the rotating opening is configured to receive a rotating nail, the rotating nail extends into a part of an inner side of the housing to rivet with a metal gasket so that the rotating nail is capable of freely rotating on the housing)
and the fixed swivel (2) is configured with a hinged part (24) (fig. 4, column 2-3, lines 66-67 & 1, read as a middle part of the rotating nail 3 is configured to receive a hinge 5 of the ring holder 7).
the holder (3) is configured to be connected to the hinged part (24) at one end and rotationally connected to a ring piece (4) at the other end, (column 2-3, lines 66-67 & 1, read as a middle part of the rotating nail 3 is configured to receive a hinge 5 of the ring holder 7.) It is noted that the holder (3) in the present mobile phone case with holder serves to connect the ring piece (4) to the fixed swivel (2) on the phone case, which is exactly what the rotating nail (3) does in Wang’s case, as it connects the ring holder (7) to the rotating opening.
a rotating centerline of the hinged part (24) is configured at an angle to a rotating centerline of the fixed swivel (2), (fig. 6-9, col. 3, lines 43-45, read as use states of the present disclosure are shown in FIGS. 6-9, the ring holder may also be rotated 360 degrees to support the cell phone.). In addition, the angle is created by the hinge 5 portion of the invention (fig. 4, column 2-3, lines 66-67 & 1, read as a middle part of the rotating nail 3 is configured to receive a hinge 5 of the ring holder 7).
Wang does not teach the mobile phone case (1) being configured in a middle with a magnetic region (13) for cooperating with an external magnetic wireless charger and the fixed swivel (2) being arranged between a bottom of the magnetic region (13) and a lower end of the mobile phone case (1), and the fixed swivel (2) being configured not to overlap with the magnetic region (13) (Wang clearly shows a ring on the back of the phone case, but does not explicitly indicate that this is a magnetic ring).
However, Huika teaches the mobile phone case (1) being configured in a middle with a magnetic region (13) for cooperating with an external magnetic wireless charger and the fixed swivel (2) being arranged between a bottom of the magnetic region (13) and a lower end of the mobile phone case (1), and the fixed swivel (2) being configured not to overlap with the magnetic region (13) (Below is diagram 1 illustrating the limitations described above. More specifically, it is clear from the diagram below that there is a magnetic region in the middle of the Huika’s case since Huika indicates that one of the selling points is “Huika Compatibility: Built-in magnetic ring seamlessly connects to Huika accessories for convenience, such as charging. In addition, Huika clearly shows a swivel/hinge portion that is arranged between the bottom of the magnetic ring and the lower end of Huika’s case. It is also clear that this swivel/hinge portion does not overlap with the magnetic ring).
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Diagram 1
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Huika into the invention of Wang in order to prevent any interference that would prohibit the mobile device from charging.
The examiner further notes the date found for the HUIKA reference, 17 May 2023, predates applicant’s effective filing date, 16 June 2023. This date is verified by the javascript prompt that reveals the last modified date of the images in the aliexpress page on which the design was found. This date establishes that a third party was in possession of the design prior to the filing date of the present application (Please see the screenshot below).
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Regarding claim 2, Wang in view of Huika teaches all the limitations of claim 1. The combination further teaches a mobile phone case with holder, wherein the fixed swivel (2) is arranged near the bottom of the magnetic region (13) and correspondingly away from the lower end of the mobile phone case (1) (See diagram 1 of Huika; It is noted that the fixed swivel is indeed located in the area below the bottom of the magnetic region and the bottom of the phone case.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Huika into the invention of Wang in order to provide the user with a convenient location of the swivel on the mobile phone case such that the user can prop their mobile device vertically, upright.
Regarding claim 3, Wang teaches a mobile phone case with holder (fig. 1, column 2 lines 55-56, read as a cell phone case with multifunctional holder), wherein
a rotating block (21), configured to be affixed to a side of the mobile phone case (1) for placing the mobile phone (fig. 1-2, col. 2, lines 57-62, read as the rotating opening 2 is configured to receive a rotating nail 3. A material of the rotating nail 3 may be selected from metals. The rotating nail 3 extends into a part of an inner side of the housing 1 to rivet with a metal gasket 4 so that the rotating nail 3 is capable of rotating on the housing 1.)
and a rotating seat (23), configured to be affixed to a back of the mobile phone case (1) (fig. 1. It is clear that rotating nail 3 is affixed to the back of the mobile phone case).
wherein a fixed structure (22) is configured between the rotating seat (23) and the rotating block (21) for connecting them, and the fixed structure (22) pass through the mobile phone case (1) (fig. 1-2, col. 2, lines 57-62, read as the rotating opening 2 is configured to receive a rotating nail 3. A material of the rotating nail 3 may be selected from metals. The rotating nail 3 extends into a part of an inner side of the housing 1 to rivet with a metal gasket 4 so that the rotating nail 3 is capable of rotating on the housing 1.) It is clear that the rotating nail 3 passes through the housing 1 and latches onto the metal gasket 4, thus “passing through”. Wang’s fig. 1 shows shaft 8 is a fixed structure that passes through a component of the mobile phone case.
wherein longitudinal cross-sectional areas of the rotating seat (23) and the rotating block (21) are both greater than a longitudinal cross-sectional area of the fixed structure (22) (fig. 1, rotating nail #3 in Wang). Rotating nail #3 is the rotating nail that serves to connect the ring to the body of the phone case. It is clear that this piece contains the same properties as pieces 21, 22, 23 in the present case. Please refer to diagram 2 below.)
[AltContent: textbox (Diagram 2)]
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Arrow #1 represents the part of rotating nail 3 that has the widest cross-sectional area. This exercises the same property that rotating seat 23 has in the present case. This is the piece with the largest cross-sectional area. Arrow #2 represents the part of rotating nail 3 that has the smallest cross-sectional area. This exercises the same property that rotating block 21 has in the present case. Arrow #3 represents the part of rotating nail 3 that is fixed, shaft 8. In the present case, it is the fixed structure 22 that “can be used as a rotating shaft”. Although in the present case the pieces 21 and 23 are labeled as rotating pieces, it is not required for them to rotate.
All four limitations above in claim 3 are taught by Wang. The rotating nail in Wang’s mobile phone case, (with the help of the shaft 8) replicated the entire function that pieces 21, 22, and 23 serve.
Regarding claim 4, Wang teaches a mobile phone case with holder (fig. 1, column 2 lines 55-56, read as a cell phone case with multifunctional holder), wherein
the rotating block (21) and the rotating seat (23) have a disc shape, and the fixed structure has a cylindrical shape. Arrow #1 represents the part of rotating nail 3 that has the widest cross-sectional area, and it is clear it has a disc shape. Arrow #2 represents the part of rotating nail 3 that has the smallest cross-sectional area, and it is clear it has a disc shape. Arrow #3 represents the part of rotating nail 3 that is fixed, shaft 8, and it is clear it has a cylindrical shape.
Regarding claim 5, Wang teaches the mobile phone case with holder according to claim 1, wherein the hinged part (24) comprises a hinged seat provided on the fixed swivel (2) (fig. 4, col. 2-3, lines 66-67 & 1-2, read as a middle part of the rotating nail 3 is configured to receive a hinge 5 of the ring holder 7. A middle part of the hinge 5 is a torsion spring accommodating portion 6.) It is clear that in the present case, hinged part 24 has a hinged seat on it. A hinged seat refers to a seating system (in this case for the torsion spring 9) that is designed to pivot or rotate around a fixed point. When Wang’s invention is fully assembled, this hinged seat is directly on the fixed swivel. Wang teaches this in a torsion spring accommodating portion 6, as shown in Diagram 3, where the hinge 5 is a torsion spring accommodating portion 6. It is clear that a torsion spring accommodating portion 6 taught in Wang is the hinged seat).
and a hinged shaft (251) hinged on the hinged seat. It is clear that hinged shaft 251 is the material that surrounds the rod, and it is clear this piece is positioned on the hinged seat according to fig. 4 in the present case. It is clear Wang teaches this exact setup, as seen in Fig. 1 of Wang’s case. In Wang’s case, there is material that surrounds a rod as well, positioned on a hinged seat. The part that surrounds a rod in Wang’s case is rotating nail 3, which has two shaft holes, defined on opposite sides according to col. 2 lines 65-66 in Wang’s case. A rod in Wang’s case (shaft 8) is inserted in these holes, and when done so, the setup is identical to the present case – a material that surrounds the rod, and it is clear this piece is positioned on a hinged seat as well. According to the present case, a hinge seat is area where the hinge can be secured to. This is already the case in Wang’s case, where the shaft 8 and rotating nail 3 pieces have an area to be secured to, which is the rotating opening 2.
the hinged shaft (251) is configured with a connecting part (25) at one side. It is clear that hinged shaft 251 in the present case represents what is seen in diagram 4, arrow #2. It is a hinged shaft that is able to fit a rod inside of it. In the present case, the hinged shaft is configured with a connecting part; this connecting part is also seen in Wang as depicted by arrow #1. It serves to connect the hinged shaft to the rest of the ring.
the holder (3) is configured with a mounting part (32) It is clear that rotating nail 3 in Wang contains a gap in the piece suitable for a nail to pass through. This is depicted in Diagram 5 arrow #1. The mounting part serves to mount an object (the ring) to holder 3. This is exactly what this mounting part in rotating nail #3 does, in Wang. It serves to connect the rotating nail to the ring.
and the connecting part (25) is connected to the mounting part (32). Someone skilled in the art can see that when the hinged shaft is inserted into the mounting part of the rotating nail in Wang’s case, that the connecting part is connected to the mounting part. They are touching.
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[AltContent: textbox (Diagram 3)]
Regarding claim 6, Wang teaches the mobile phone case with holder according to claim 5, wherein the connecting part (25) is a connecting plate (252), and the mounting part (32) is a mounting cavity (311). It is stated that the connecting part is a connecting plate. It is clear from fig. 3 in the present case that the connecting plate connects the ring piece and hinged shaft to the swivel. In Wang’s case, this is exactly what is happening. This can be seen in Diagram 6. It is also clear that the mounting part on rotating nail 3 (that is used to mount the ring in Wang’s case) is also a mounting cavity, due to the space meant to place an object. In the present case, the mounting part is a location with space to place an object.
[AltContent: textbox (Diagram 6)]
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Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Huika and further in view of Tanaka (US 9,274,565 B2) .
Regarding claim 7, Wang and Huika disclose the claimed invention but fail to teach the mobile phone case with holder according to claim 6, wherein the connecting plate (252) is opened with a through hole (253), the mounting cavity (311) is configured with an aperture (312) at its bottom, and the through hole (253) is configured for a fastener to pass through and into the aperture (312).
However, Tanaka teaches the mobile phone case with holder according to claim 6, wherein the connecting plate (252) is opened with a through hole (253). In the present case, the connecting part 252 serves to connect the support plate 31 to the hinged shaft 251, which serves to house a rotating part, while having a through hole 253. In Tanaka’s case, this is exactly what is happening. It can be seen that parts 21 and 22 are also connecting plates, since they connect to parts 23 and 24, which are the rotatable holding parts 23 and 24. It is clear that the equivalent to the hinged shaft in Tanaka’s case is this part 23, which houses a rod-shaped object (pivot 33) as well.
the mounting cavity (311) is configured with an aperture (312) at its bottom (fig. 2A, col. 4-5, lines 65-67 & 1-2, read as For this reason, the bracket 20 has two mounting parts 21 and 22 which are provided with mounting surfaces parallel to the pivot 33 and has rotatable holding parts 23 and 24 which are provided projecting from the mounting parts 21 and 22 and rotatably hold the pivot 33.) An aperture is defined as an opening, hole, or gap. The fact that parts 23 and 24 are rotatable holding parts means that they also serve to mount something in addition to rotating. This is achieved by the holes meant to place screws in. It is clear that parts 21 and 22 are configured with an aperture at its bottom.
and the through hole (253) is configured for a fastener to pass through and into the aperture. From fig. 4 in the present case, it is clear parts 253 and 312 allow for an object to pass through. From fig. 2A in Tanaka’s case, it is clear that this is also the case. A fastener is an object that will obviously work in this situation.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Tanaka into the invention of Wang and Huika in order to improve an opening on the holder so that a fastener would be able to pass through.
Regarding claim 8, Wang and Huika disclose the claimed invention but fail to teach the mobile phone case with holder according to claim 7, wherein the connecting plate (252) is covered with a cover plate (321) to cover the aperture (312), and the cover plate (321) is shaped to fit the mounting cavity (311).
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However, Tanaka teaches the mobile phone case with holder according to claim 7, wherein the connecting plate (252) is covered with a cover plate (321) to cover the aperture (312), and the cover plate (321) is shaped to fit the mounting cavity (311).
It can be seen in fig. 2B that the connecting plates are not directly visible like they are in fig. 2A. This is because they lie behind part 2, the computer screen. Due to this setup, it is clear that connecting plates 21 and 22 are covered with a cover plate (321), which is part 2 in Tanaka’s case, to cover the aperture (312) which is clearly present in fig. 2A. In addition, it is also clear that the cover plate (321) is shaped to fit the mounting cavity (311). This can be seen in Diagram 7, where part 2 fits over the connecting plates 21 and 22. It is clear from diagram 8 that the connecting plates 21 and 22 are behind part 2, which covers the aperture, and is shaped to fit the mounting cavity.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Wang and Huika into the invention of Tanaka in order shield the connecting plate and any fasteners from dust, debris, moisture, etc., increasing durability and lifespan of the holder.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Huika and further in view of Homer et al (US 2007/0062089 A1, hereinafter Homer).
Regarding claim 9, Wang and Huika disclose the claimed invention but fail to teach the mobile phone case with holder according to claim 1, wherein the holder (3) is a support plate (31) provided in a rectangular shape, and a swivel part (33) is configured on an end of the support plate (31) away from the fixed swivel (2); a notch is opened on one side of the ring piece (4), and the notch is configured to rotationally connect with the swivel part (33).
However, Homer teaches the mobile phone case with holder according to claim 1, wherein the holder (3) is a support plate (31) provided in a rectangular shape (fig. 2, page 1, paragraph 0007, lines 9-13, read as In the part illustrated in FIG. 1, kickstand support 22 comprises a unileg support member 30 (e.g., a single leg and/or support member) pivotally and rotationally coupled to side 24 at location 23 of housing 20 to enable variable positioning of display device 10). From fig. 2 it is clear this support structure is in the shape of a rectangle.
and a swivel part (33) is configured on an end of the support plate (31) away from the fixed swivel (2) (fig. 2, location 23 shows the swivel at the end of the support plate 30, and fig.2 also shows that there is a nearby swivel 50 that is away from swivel part 23.)
a notch is opened on one side of the ring piece (4), (fig. 2, page 1, paragraph 8, read as unileg support member 30 is positioned and/or otherwise moved in the direction indicated by arrow 40 and rotated in the direction indicated by arrow 42 to a desired position). It is clear that for support member 30 to close fully into recessed portion 60, there must be a notch on the piece that resembles the ring, rotator element 50, so that it can close.
and the notch is configured to rotationally connect with the swivel part (33) (fig. 2, page 1, paragraph 8, lines 15-19, read as In the embodiment illustrated in FIG. 2, unileg support member 30 is pivotally coupled to rotator element 50 to accommodate pivotal movement of unileg support member 30 in a single plane relative to rotator element 50.) It is clear that the unileg support member 30 is configured to rotationally connect with the swivel part, check location 23.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Homer into Wang and Huika in order to provide the user with a convenient location of the swivel on the mobile phone case such that the user can prop their mobile device vertically, upright. Doing so would prevent the number of viewing positions and/or modes desired by a user to facilitate viewing and/or input of information to the display device to exceed those supported by such support members.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Huika in view of Homer and further in view of Long (US PGPUB 2021/0341095 A1)
Regarding claim 10, Wang, Huika, and Homer disclose the claimed invention but fail to teach wherein the swivel part (33) is a rotating shaft provided on both sides of the support plate (31), and the notch is configured with a shaft hole for the rotating shaft to pass through.
However, Long teaches wherein the swivel part (33) is a rotating shaft provided on both sides of the support plate (31) and the notch is configured with a shaft hole for the rotating shaft to pass through (figs. 1, 2, paragraph 21, read as the hinge pin 3 sequentially penetrates into the pin cavities 5 of the support plate 2 and the base plate 1, inner wall faces of the pin cavities 5 fit the end faces of the hinge pin 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s claimed invention to have incorporated the teachings of Long into the invention of Wang, Huika, and Homer in order to allow for improved rotational stability and load support such that the force is distributed evenly on the support structure when in use to hold the phone in various positions using the holder.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRES RAFAEL SANCHEZ whose telephone number is (571)272-8776. The examiner can normally be reached 7:30-9:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy can be reached at 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDRES RAFAEL SANCHEZ/Examiner, Art Unit 2645 January 8, 2026
/ANTHONY S ADDY/Supervisory Patent Examiner, Art Unit 2645