Prosecution Insights
Last updated: April 19, 2026
Application No. 18/573,855

PORTABLE GAMING MONITOR

Non-Final OA §103
Filed
Dec 22, 2023
Examiner
D'AGOSTINO, PAUL ANTHONY
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
UPSWITCH, LLC
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
86%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
864 granted / 1181 resolved
+3.2% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
39 currently pending
Career history
1220
Total Applications
across all art units

Statute-Specific Performance

§101
14.8%
-25.2% vs TC avg
§103
39.6%
-0.4% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
12.8%
-27.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1181 resolved cases

Office Action

§103
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 Objections Claims 1, 3, and 7 are objected to because of the following informalities: Claim 1, Line 9: Change “coupled” to – couple --. Claim 3 and 7, Line 1: Change “Claim1” to – Claim 1 --. Claim 4 appears to lack antecedent basis as a “second handle” depending from Claim 1 while Claim 3 recites a first handle depending from Claim 1. Appropriate correction is required. Claim Rejections - 35 USC § 103 3. 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 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. 4. 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. 5. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 6. Claim 1-4 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. Pub. No. 2010/0195279 to Michael in view of U.S. Pat. Pub. No. 2018/0311576 to Nintendo. In Reference to Claim 1 Michael discloses a portable gaming monitor for use with a portable video game unit (Figs. 12a, 16c; [0185], games console and docket support), the portable video game unit including a base (games console 1604, Fig. 16c) with a first screen (1606), a processor (within games console 1604, Fig. 16c, the console in the style of Nintendo® DS, programmable touch screen, [0185], modular devices include … game controllers … processing units including CPUs and hard drives, [0132], and a first controller (one of the game controller 1607, 1608) coupled to the base (console 1604), the portable gaming monitor (at docking station 3), comprising: a housing (docking station 3); a gaming unit dock (at rails 1205 of docking station 3, Fig. 12a) configured to receive the portable video game unit (at games console 1604, Fig. 16c), a second screen (display screen of personal electronic device 34, Fig. 16c, personal electronic device, [0183], personal electronic device display screen, [0036]) positioned on the housing (docking station 3), the second screen (display screen of person electronic display device 34) being operably connected (accessories that are functionally connected to the personal electronic display device 34, [0183]) to the portable video game unit (at console 1604) when the portable video game unit is received by the gaming unit dock (at rails 1205 of docking station 3, Fig. 12a); and a first interface (one of the connective arrangements 1209 of docking station 3) configured to detachably couple the first controller (one of controllers 1607, 1608, Fig. 16c) to the housing (docking station 3), wherein the first controller is in communication with the portable video game unit (at console 1604) when the first controller is coupled to the first interface (one of the arrangements 1209 of docking station 3, Fig. 12a), and the portable video game unit when the portable video game unit is received by the gaming unit dock (at rails 1205 of docking station 3). However, Michael fails to explicitly disclose wherein the first controller coupled to the base is the first controller detachably coupled to the base. One of skill in the art would be aware of the teachings of Nintendo. According to Nintendo, Nintendo provides a supporting device for supporting a game controller ([0002]) and teaches wherein a first controller (left controller 3, Fig. 1) coupled to a base (main unit 2) is the first controller (left controller 3) detachably coupled (as shown in Fig. 2) to the base (main unit 2). It would involve only routine skill in the art to modify the first controller of Michael to include wherein the first controller coupled to the base is the first controller detachably coupled to the base as taught by Nintendo for the purpose of providing a controller that can be detached to be used separately from a main unit and thereby ensure that a portable device can be used in different modes (Nintendo [0121]). In Reference to Claim 2 Michael discloses the gaming monitor of Claim 1. Yet, Michael fails to explicitly disclose further comprising a first handle detachably mounted to the housing, the first handle comprising a recess configured to at least partially receive a portion of the first controller. Nintendo further teaches a first handle grip (left grip portion 353, Fig. 54) detachably mounted (in the extension grip 350, the housing of the main section 351 and the housing of the support section 352 are formed separately, and these housings are connected together [0698], attached … by … a screw [0766]) to a housing (support section 352), the first handle (left grip portion 353) comprising a recess (at second surface 353b) configured to at least partially receive a portion (as shown in Fig. 56) of a first controller (left controller 3). It would have been obvious to one of skill in the art to modify the housing of Michael to further include comprising a first handle detachably mounted to the housing, the first handle comprising a recess configured to at least partially receive a portion of the first controller as taught by Nintendo for the purpose of providing a grip portion through a connection portion and thereby ensure that the user can securely hold on to improve controllability (Nintendo [0695]). In Reference to Claim 3 Michael discloses the invention substantially as claimed to also disclose herein the portable vie game unit (console 1604) further includes a second controller (onf of 1607, 1608) coupled to the base (console 1604), the portable gaming monitor (at docking station 3) further comprises a second interface (another of the connective arrangements 1209 of docking station 3), configured to detachably couple the second controller (one of 1607, 1608) to the housing (docking station 3), wherein the second controller is in communication with the portable video game unit (at console 1604), when the second controller is coupled to the second interface (via the connective arrangements 1209) and the portable video game unit is received by the gaming unit dock (at rails 1205 of docking station 3, Fig. 12a). However, the reference does not explicitly disclose wherein the second controller is coupled to the base is the second controller detachably coupled to the base. Nintendo teaches of a supporting device for a game controller ([0002]) wherein a second controller (right controller 4, Fig. 1) coupled to a base (main unit 2) is the second controller (right controller 4) detachably coupled (as shown in Fig. 2) to the base (main unit 2). It would have been obvious to one of skill in the art to modify Michael to include wherein the second controller coupled to the base is the second controller detachably coupled to the base as taught by Nintendo to provide controller that can be detached and used separately from a main unit and thereby ensure that a portable device can be used in different modes (Nintendo [0121]). In Reference to Claim 4 Michael discloses the invention substantially as claimed. However, the reference does not explicitly disclose a second handle detachably mounted to the housing, the second handle comprising a recess configured to at least partially receive a portion of the second controller. Nintendo further teaches of a second handle (right grip portion 354, Fig. 54) detachably mounted (in extension grip 350), the housing of the main section 351 and the housing of the support section 352 are formed (support section 352), are formed separately and connected together ([0698 connected by a screw [0766]) to a housing (support section 352), the second handle (right grip portion 354) comprising a recess (at second surface 354b) configured to at least partially receive a portion 9as shown in Fig. 56) of a second controller (right controller 4). It would have been obvious to one of skill in the art to modify the housing of Michael to further comprise a second handle detachably mounted to the housing, the second handle comprising a recess configured to at least partially receive a portion of the second controller as taught by Nintendo to provide a grip portion through a connection portion and thereby ensure that the user can securely hold on to improve controllability (Nintendo [0685]). In Reference to Claim 8 Michael discloses wherein the second screen (display screen of personal electronic device 34, Fig. 16c) is larger that (as shown in Fig. 16c) the first screen (small touch screen 1606). 7. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Michael, Nintendo further in view of U.S. Pat. Pub. No. 2006/0258452 to Hsu. Michael discloses the invention substantially as claimed to include a gaming dock (at rails 1205 of docking station 3) comprises: a base surface (surface of platform 1204); and a docking interface (one of connective arrangement of 1209 of docking station 3), the docking station interface operatively engaging the portable video game unit (at console 1604). However, the reference does not explicitly disclose a pair of side walls, a cover rotatably coupled to the base and reciprocal between an open position and a closed position; and a docking interface, wherein the base surface, the side walls, and the cover in the closed position define a cavity, the docking interface operatively engaging the portable video game unit when the portable video game unit is disposed within the cavity. Hsu teaches of portable game machines ([0001]) and of a gaming unit dock (at receiving box 23, Fig. 1) comprises: a base surface (along frame 31); a pair of side walls (walls of receiving box 23); a cover (display screen 21 is made of transparent material [0014]) rotatably coupled (through cover opening unit 22, Fig. 2) to the base surface and reciprocal between an open position (as shown in Fig. 1) and a closed position (as shown in Fig. 2), wherein the base surface, side walls, and cover in the closed position define a cavity (inside box 23, Fig. 1). Wherein operatively engaging a portable video game unit (portable game machine 5, Fig. 1), connect the function keys of a portable game machine 5to the function keys in the function key unit 12 of the body 11 [0011) is operatively engaging the portable video game unit (machine 5) when the portable video game unit is disposed within the cavity. It would have been obvious to one of skill in the art to modify the gaming dock of Michael to include including the base, side walls, and cover rotatably coupled to the base surface and reciprocal between an open position and closed position which define a cavity and the portable video game unit is in the cavity as taught by Hsu to provide a receiving box to securely receive the portable game machine and securely receive it to ensure the game machine can be selectively covered for a strengthened connections (Hsu, [0014]). 8. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Michael, Nintendo further in view of U.S. Pat. Pub. No. 2002/0083880 to Shelton. Michael discloses the invention substantially as claimed to further include a mount (as shown in Fig. 16c) for a battery (at accessories 1609, 1610, 1611, Fig. 16c, three accessories 1609, 1610, and 1611 are supported by the underside of the platform 1601 [0184]), modular devices which are contemplated for use within the present invention include … power units including … rechargeable or non-rechargeable batteries, [0132]) to the housing (docking station 3), the battery providing power [0132]) to the portable video game unit (at console 1604). However, Michael does not explicitly disclose wherein a mount for the battery to the housing is a battery strap configured to mount the battery to the housing. Shelton teaches of a battery locking mechanism ([0141]) and of a mount for a battery (battery 52, Fig. 18A) to a housing (at flange 117) is a battery strap (strap 113) configured to mount the battery (battery 52) to the housing. It would have been obvious to one of skill in the art to mount the battery to the housing of Michael to include the battery strap configured to mount the battery to the housing as taught by Shelton to provide tension on a battery and thereby ensure that the battery is held tight ([0144]). 9. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Michael, Nintendo further in view of U.S. Pat. Pub. No. 2019/0335258 to Vaturi Michael discloses the invention substantially as claimed. However, the reference does not explicitly disclose comprising a kickstand rotatably coupled to the housing by frictional hinge. Vaturi provides an electronic device ([0003]) and teaches of a kickstand (kickstand 122, Fig. 2) rotatably coupled to a housing (at backing 124) by a frictional hinge (hinge 126, Fig. 2, hinge 126 may stop rotation of kickstand 122 …. intermediate configurations may be accessed over a continuum (e.g., using a friction-based hinge mechanism, [0025]). It would have been obvious to one of skill in the art to modify the housing of Michael to include a kickstand rotatably coupled to the housing be a frictional hinge as taught by Vaturi to allow a user to customize a usage conformation of an electronic device and ensure that the configuration can have a continuum ([0025]). Conclusion 10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is in the Notice of References Cited. 11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul A. D’Agostino whose telephone number is (571) 270-1992. 12. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 13. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Lewis can be reached on (571) 272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2992. /PAUL A D'AGOSTINO/ Primary Examiner, Art Unit 3715
Read full office action

Prosecution Timeline

Dec 22, 2023
Application Filed
Dec 12, 2025
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
86%
With Interview (+13.3%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 1181 resolved cases by this examiner. Grant probability derived from career allow rate.

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