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 .
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.
DETAILED ACTION
This is the second action for #17/137889, Expandable Device For A Portable Electronic Device, filed 12/30/2020. Claims 1-18 are pending.
Election/Restrictions
Applicant's election with traverse of Species 1 (Figures 1-2) in the reply filed on 11/4/2025 is acknowledged. The traversal is on the ground(s) that there is no undue burden. This is not found persuasive because there are at least five species as depicted, with additional variations within the specification including at least locking structures and direction of biasing. The expanding mechanism in each of the depicted species varies in structure and function, with species including at least two foldable legs, an accordion structure, a single compressible foam member, and a combination of a two foam members separated by an alternate material. Additionally, there are various locking mechanisms disclosed and depicted. Therefore, in order to search each of the species, there would be an undue burden since many different searches would need to be performed, including using various text strategies and alternate classification searches.
The requirement is still deemed proper and is therefore made FINAL.
The Examiner notes that the Applicant did not identify the claims that read on the elected species as required by the Restriction Requirement. In an effort to further prosecution, the Examiner has determined that Claims 1-3, 6-11, 13-15 are drawn to the elected species 1. Claims 4 and 12 (drawn to patented species 2) and Claims 16-18 (drawn to species 3 and 4) are thereby withdrawn.
Information Disclosure Statement
The information disclosure statement filed 7/7/2025 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. Therefore, the Non-Patent Literature document has not been considered since it is not in the English language.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the locking device as claimed must be shown or the feature(s) canceled from the claim(s). No new matter will be entered. In Figures 1 and 2, while the 1st locking region (132) is depicted as an elongated protrusion, the 2nd locking region is not depicted (specifically a groove). Numeral 136 points to a side of the base in Figure 1, and numeral 137 (which should be a groove) is merely pointing to the upper surface of the base. There is no groove depicted whatsoever. In Figure 2, numerals 136 and 137 both point to the end of the elongated protrusion, and again there is no groove depicted. The Examiner notes that there are several claims drawn to the locking device, yet there is minimal structure depicted. Therefore, the Examiner suggests removing the locking functionality from the claims and only claiming the structure that is clearly depicted in the original drawings.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, structure that allows the expandable device to retain the button in the first configuration and upon further urging the button towards the base, the base is released from the first configuration (Claims 1 and 11) and moves to the second configuration must be shown or the feature(s) canceled from the claim(s). No new matter will be entered. There is no structure in the figures that functions in that manner. Therefore, the Examiner suggests removing this functionality from the claims and only claiming the structure that is clearly depicted in the original drawings.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 202b, 220a, 320a, 302b, 420a, 402b, 520a, 502b.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “210” has been used to designate the expanding mechanism but appears to be pointing to the base in Figures 3 and 4.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 410a.
The drawings are objected to because in Figure 7, numeral 437 is defining an annular protrusion, which per the specification should extend outwardly from the outer surface of the resilient member 410. Therefore, it is unclear why the annular protrusion would be in dashed lines in Figure 7.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “520” has been used to designate both the button and the base in Figure 10. Numeral 520 was defined in the specification as the “button”, not the base.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to because in para [0045], numeral “102” is used to refer to the base of the embodiment of Figures 5 and 6, but the base was previously defined as “302”.
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 1-3, 5-11, and 13-15 are 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 pre-AIA the applicant regards as the invention.
Regarding Claims 1, 6, 7, 8, 9, 11, 14, 15:
-The independent claims 1 and 11 claim that the expandable device “retains the button in the first configuration”. This is unclear since the “expandable device” is the entire invention being claimed. It is also claimed that “upon further urging the button towards the base, the button is released from the first configuration and moves to the second configuration”. However, this is unclear as there is no structure depicted in the elected species that would function in this manner. Additionally, the dependent claims further claim a locking device to lock the button in the collapsed configuration, and specifically claims the locking device comprising a first locking region on the button and a second locking region on the base. However, this is unclear. First, it is unclear if this is in addition to the claimed retention and release noted above in the independent claims. Secondly, by viewing Figures 1 and 2, it can be seen that there is a first locking region (132/133) on the button but there is no structure depicted at all for the second locking region (136/137) on the base. The structure of the locking regions are unclear since not specifically shown, and therefore the functionality is unclear. Even if a groove (claim 8) had been properly depicted, this would not satisfy the functionality claimed in the independent claims. Claim 9 further claims a frictional coupling, which again would be different than the functionality claimed in the independent claims. If the locking device is a crux of the invention, then the Examiner suggests filing a Continuation-In-Part so that the proper structure and function thereof could be added to the drawings.
Regarding Claim 10:
-The phrase “the locking device comprises a portion of the expanding mechanism” is unclear since the locking device is taught to be located on the base and the button. Additionally, the claim continues “wherein the portion of the expanding mechanism is biased towards the first configuration”. This is unclear since Claim 1 claims that upon release, the button “moves to the second configuration”. If the expanding mechanism was biased towards the first configuration, then this claimed functionality of moving to the second configuration would not be satisfied.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 6-9, 11, 14, and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2017/0195000 (Srour).
Regarding Claim 1, as best understood, Srour teaches an expandable device (1) for attachment to a portable electronic device (100/102; Figure 1A; para [0023]), the expandable device comprising:
a base (20; Figure 3) having a top side and a bottom side, the bottom side adapted to engage a portion of the portable electronic device (as depicted in Figure 1A);
an expanding mechanism (40; para [0026]) operably coupled to the base (20; Figure 3); and
a button (50) having a top side and a bottom side, the bottom side of the button being operably coupled to the expanding mechanism (40),
wherein the expanding mechanism is selectively movable between a first configuration (Figure 2) whereby the button (50) is disposed in a collapsed configuration (para [0028]), and a second configuration (Figure 4) whereby the button is disposed in an expanded configuration (para [0031]);
wherein upon urging the button (50) to the first configuration (Figure 2), the expandable device retains the button in the first configuration (via 24/54; para [0025]-[0028]), and upon further urging the button towards the base (arrow 6; Figure 2; para [0029]; the Examiner notes that the prior art incorrectly referred to arrow 6 in Figure 2 as numeral 8, but the intention is clear from Figure 2 and the disclosure), the button is released (Figure 3) from the first configuration and moves to the second configuration (Figure 4; para [0030] teaching the spring moving the button to the second configuration).
Regarding Claim 2, as best understood, Srour teaches the expandable device of claim 1, wherein the expanding mechanism (40) comprises a structure constructed from a resilient material (spring; abstract teaching biasing to expanded configuration).
Regarding Claim 3, as best understood, Srour teaches the expandable device of claim 2, wherein the expanding mechanism (40) comprises at least one foldable elongated member (see elongated helical member 40 in Figure 3,5 that folds into itself as shown in Figure 2), the at least one foldable elongated member (40) being biased towards the second configuration (40 is biased to the expanded configuration; Figures 3 and 4; abstract; para [0030]).
Regarding Claim 6, as best understood, Srour teaches the expandable device of claim 1, further comprising a locking device (tabs 24/54 and associated unlabeled grooves; Figures 2 and 5) to lock the button in the first configuration (Figure 1B; para [0025]-[0026].
Regarding Claim 7, as best understood, Srour teaches the expandable device of claim 6, wherein the locking device comprises a first locking region (wall 52; Figure 5) disposed on a portion of the button (50) and a second locking region (wall 22) disposed on a portion of the base (20) to couple to the first locking region (via tabs/grooves located thereon; Figure 2).
Regarding Claim 8, as best understood, Srour teaches the expandable device of claim 7, wherein the first locking region (wall 52) comprises a tab (54) and wherein the second locking region (wall 22) comprises a groove (as best understood, ‘the spaces between the flanges 24; para [0025]-[0026]).
Regarding Claim 9, as best understood, Srour teaches the expandable device of claim 7, wherein the first locking region is frictionally coupled to the second locking region (para [0028] teaching the flanges ‘pushing against each other’).
Regarding Claim 11, as best understood, Srour teaches an expandable device (1) for attachment to a portable electronic device (100/102; Figure 1A; para [0023]), the expandable device comprising:
a base (20; Figure 3) having a top side and a bottom side, the bottom side adapted to engage a portion of the portable electronic device (as depicted in Figure 1A);
an expanding mechanism (40; para [0026]) operably coupled to the base (20; Figure 3), the expanding mechanism (40) comprising at least one foldable elongated member (see elongated helical member 40 in Figure 3,5 that folds into itself as shown in Figure 2);
a button (50) having a top side and a bottom side, the bottom side of the button being operably coupled to the expanding mechanism (40),
wherein the expanding mechanism is selectively movable between a first configuration (Figure 2) whereby the button (50) is disposed in a collapsed configuration (para [0028]), and a second configuration (Figure 4) whereby the button is disposed in an expanded configuration (para [0031]); wherein the expanding mechanism is biased toward the second configuration (Figures 3 and 4; abstract; para [0029]-[0030]);
wherein upon urging the button (50) to the first configuration (Figure 2), the expandable device retains the button in the first configuration (via 24/54; para [0025]-[0028]), and upon further urging the button towards the base (arrow 6; Figure 2; para [0029]; the Examiner notes that the prior art incorrectly referred to arrow 6 in Figure 2 as numeral 8, but the intention is clear from Figure 2 and the disclosure), the button is released (Figure 3) from the first configuration and moves to the second configuration (Figure 4; para [0030] teaching the spring moving the button to the second configuration).
Regarding Claim 14, as best understood, Srour teaches the expandable device of claim 11, further comprising a locking device (tabs 24/54 and associated unlabeled grooves; Figures 2 and 5) to lock the button in the first, collapsed configuration (Figure 1B; para [0025]-[0026].
Regarding Claim 15, as best understood, Srour teaches the expandable device of claim 14, wherein the locking device comprises a first locking region (wall 52; Figure 5) disposed on a portion of the button (50) and a second locking region (wall 22) disposed on a portion of the base (20) to couple to the first locking region (via tabs/grooves located thereon; Figure 2).
Claims 1-3, 5, 6, 10, 11, 13, and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2012/0043452 to Karmatz.
Regarding Claim 1, as best understood, Karmatz teaches an expandable device (110/120/130) for attachment to a portable electronic device (140; Figure 2), the expandable device comprising:
a base (110; any of the embodiments of Figures 2, 7, 8, 11-14, 18-20, 23-25 with para [0064] teaching that the bases/expanding mechanisms/button may be interchanged) having a top side (that 120 is attached to) and a bottom side (that attaches to the electronic device), the bottom side adapted to engage a portion of the portable electronic device (para [0032]);
an expanding mechanism (120; any of the embodiments of Figures 2, 7, 8, 11-14, 18-20, 23-25 with para [0064] teaching that the bases/expanding mechanisms/button may be interchanged) operably coupled to the base (110; para [0035]-[0036]); and
a button (130; any of the embodiments of Figures 2, 7, 8, 11-14, 18-20, 23-25 with para [0064] teaching that the bases/expanding mechanisms/button may be interchanged; para [0035] teaching that the button can be any of a variety of shapes including a circle) having a top side (exposed side) and a bottom side (side connected to 120), the bottom side of the button being operably coupled to the expanding mechanism (120),
wherein the expanding mechanism is selectively movable between a first configuration (folded into collapsed position such as shown in Figures 7a, 8a,13, 14, 19, 24) whereby the button (130) is disposed in a collapsed configuration, and a second configuration (expanded as shown in Figures 2, 7b/c, 8b/c, 11, 18, 20, 23, and 25) whereby the button is disposed in an expanded configuration;
wherein upon urging the button (130) to the first configuration (folded/collapsed), the expandable device retains the button in the first configuration (via mechanisms that may include springs or locking mechanism; para [0043]-[0045] teaching latch mechanism 150 and locking mechanism not depicted), and upon further urging the button towards the base, the button is released (Figure 14 and para [0043] teaching pushing upon latch mechanism 150 to initiate opening) from the first configuration (folded/collapsed) and moves to the second configuration (expanded; para [0040],[0043],[0044]-[0047] teaching a spring or other similar mechanism moving the button to the second configuration).
Regarding Claim 2, as best understood, Karmatz teaches the expandable device of claim 1, wherein the expanding mechanism (120) comprises a structure constructed from a resilient material (spring; para [0040],[0045]-[0047] teaching biasing).
Regarding Claim 3, as best understood, Karmatz teaches the expandable device of claim 2, wherein the expanding mechanism (120) comprises at least one foldable elongated member (all of the embodiments depicted in the figures teaching 120 being a foldable elongated member), the at least one foldable elongated member (120) being biased towards the second configuration (para [0040],[0045]).
Regarding Claim 5, as best understood, Karmatz teaches the expandable device of claim 3, wherein the at least one foldable elongated member (120) comprises at least one elongated strip pivotably coupled to the base and the button (120 shown as an elongated strip pivotable in at least Figures 7, 8, 11-15, 23-25).
Regarding Claim 6, as best understood, Karmatz teaches the expandable device of claim 1, further comprising a locking device to lock the button in the first configuration (para [0043],[0045] teaching latches and locking mechanisms).
Regarding Claim 10, as best understood, Karmatz teaches the expandable device of claim 6, wherein the locking device comprises a portion of the expanding mechanism (120), wherein the portion of the expanding mechanism (120) is biased towards the first configuration (para [0045]-[0047] teaches that the expanding mechanism could be biased to the closed position instead of the open position).
Regarding Claim 11, as best understood, Karmatz teaches an expandable device (110/120/130) for attachment to a portable electronic device (140; Figure 2), the expandable device comprising:
a base (110; any of the embodiments of Figures 2, 7, 8, 11-14, 18-20, 23-25 with para [0064] teaching that the bases/expanding mechanisms/button may be interchanged) having a top side (that 120 is attached to) and a bottom side (that attaches to the electronic device), the bottom side adapted to engage a portion of the portable electronic device (para [0032]);
an expanding mechanism (120; any of the embodiments of Figures 2, 7, 8, 11-14, 18-20, 23-25 with para [0064] teaching that the bases/expanding mechanisms/button may be interchanged) operably coupled to the base (110; para [0035]-[0036]), the expanding mechanism (120) comprising at least one foldable elongated member (all of the embodiments depicted in the figures teaching 120 being a foldable elongated member);
a button (130; any of the embodiments of Figures 2, 7, 8, 11-14, 18-20, 23-25 with para [0064] teaching that the bases/expanding mechanisms/button may be interchanged; para [0035] teaching that the button can be any of a variety of shapes including a circle) having a top side (exposed side) and a bottom side (side connected to 120), the bottom side of the button being operably coupled to the expanding mechanism (120),
wherein the expanding mechanism is selectively movable between a first configuration (folded into collapsed position such as shown in Figures 7a, 8a,13, 14, 19, 24) whereby the button (130) is disposed in a collapsed configuration, and a second configuration (expanded as shown in Figures 2, 7b/c, 8b/c, 11, 18, 20, 23, and 25) whereby the button is disposed in an expanded configuration, wherein the expanding mechanism (120) is biased toward the second configuration (folded/collapsed configuration; para [0040],[0045]);
wherein upon urging the button (130) to the first configuration (folded/collapsed), the expandable device retains the button in the first configuration (via mechanisms that may include springs or locking mechanism; para [0043]-[0045] teaching latch mechanism 150 and locking mechanism not depicted), and upon further urging the button towards the base, the button is released (Figure 14 and para [0043] teaching pushing upon latch mechanism 150 to initiate opening) from the first configuration (folded/collapsed) and moves to the second configuration (expanded; para [0040],[0043],[0044]-[0047] teaching a spring or other similar mechanism moving the button to the second configuration).
Regarding Claim 13, as best understood, Karmatz teaches the expandable device of claim 11, wherein the at least one foldable elongated member (120) comprises at least one elongated strip pivotably coupled to the base and the button (120 shown as an elongated strip pivotable in at least Figures 7, 8, 11-15, 23-25).
Regarding Claim 14, as best understood, Karmatz teaches the expandable device of claim 11, further comprising a locking device to lock the button in the first, collapsed configuration (para [0043],[0045] teaching latches and locking mechanisms).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Prior art has been listed in the PTO-892 form.
US 2020/0214408 (Shin) teaches a base, expanding mechanism, and button, wherein when the button is in the collapsed position if it is urged towards the base, the button is released from the base.
US 10,355,734 (Otmani et al.) teaches a base, expanding mechanism, and button wherein the button is retained in a collapsed position via a locking mechanism between the button and the base.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to INGRID M WEINHOLD whose telephone number is (571)272-8822. The examiner can normally be reached on Monday-M-T 7-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached on 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/INGRID M WEINHOLD/
Primary Examiner, Art Unit 3632