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 Objections
Claim 17 is objected to because of the following informalities: Claim 17 contains an extraneous period in line 4 of the claim. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN104219907 – machine translation) and claims 17-20 are rejected over Zhang in view of Prest et al. (US 2010/0079970).
Considering claim 1, Zhang teaches a shell for an electronic device (abstract) comprising a housing for the electronic device to be set in the shell (Paragraph 29). The housing comprises a first metal material (11) with first bonding layer (112) bonded to second metal material (12) with second bonding layer (121) where the first metal material is substantially curved and is an exterior surface (Paragraphs 30-31; Fig.1 – reproduced below). The first metal may be a Ti-alloy and the second metal may be Al, etc. (Paragraph 33). The first and second bonding layer may have protrusions and cavities to bond the two layers (Paragraphs 8) to mechanically join the layers (Paragraph 9).
PNG
media_image1.png
295
596
media_image1.png
Greyscale
While not expressly teaching a singular example of the claimed housing this would have been obvious to one of ordinary skill in the art before the effective filing date in view of the teachings of Zhang as this is considered a combination of conventionally known metal materials with surface features conventionally known to form housings and one would have had a reasonable expectation of success. While not teaching multiple layers of aluminum, the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 (VI)(B). As of the writing of this Office action, no objective evidence or technical reasoning set forth as to how multiple aluminum layers affords a new and unexpected result has been presented and therefore this is considered to be met by Zhang.
Considering claim 2, Zhang teaches where the 1st metal body is preformed and joined to form a unitary body (Paragraph 11). While Zhang does not teach the claimed thickness, the courts have held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP 2144.04 (IV)(A) and Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Considering claims 3-4, Zhang teaches where the shell provides an interior portion for the electronic device (Paragraph 29) and this is considered positioned around the periphery and establishing the peripheral surface.
Considering claim 5, Zhang teaches where the second component comprises Al (Paragraph 33) and this readily forms and oxide layer thereon.
Considering claim 17, Zhang teaches a method of where the shell is formed by joining the first and second metal members (Paragraph 38) optionally of Ti and Al (Paragraph 33) where the first member is pre-formed (Paragraph 38). However, Zhang does not teach the claimed non-metallic material coupled to a feature.
In a related field of endeavor, Prest teaches a housing for internal components (abstract) used in electronic devices (Paragraph 2) and a method of attaching a plastic part to a metallic part (Paragraph 15). The housing is a metal housing optionally for internal components (Paragraph 28) either directly (Paragraph 31) or with an adhesive (Paragraph 32) and the surface is treated to allow for bonding to plastic parts (Paragraph 29). The surface treatment comprises numerous surface irregularities to allow for a stronger mechanical interlock with the plastic (Paragraph 37).
As Zhang and Prest teach metal housings for electronic devices they are considered analogous. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the teachings of Zhang with the method of forming interior surface irregularities (i.e. surface features) disclosed by Prest as this is known to allow for a stronger mechanical interlock and one would have had a reasonable expectation of success.
While not teaching multiple layers of aluminum, the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 (VI)(B). As of the writing of this Office action, no objective evidence or technical reasoning set forth as to how multiple aluminum layers affords a new and unexpected result has been presented and this is therefore considered to be met by modified Zhang.
Considering claim 18, Zhang teaches where the metal layers may be welded (Paragraph 9).
Considering claim 19, Zhang teaches where the metal layers may be joined by an adhesive layer (Paragraph 42) (e.g. an intermediate layer).
Considering claim 20, Zhang teaches where the second member may be die cast (Paragraphs 44 and 47).
Allowable Subject Matter
Claims 8-14 and 16 are allowed.
Claims 6-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of Zhang does not adequately teach or suggest where plural aluminum layers bonded together cooperate to define the feature. Please also see the reasons for allowance set forth in the Office action dated 22 May 2026.
Terminal Disclaimer
The terminal disclaimer filed on 20 August 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent Number 12,150,264 and US Patent Application Number 18/670688 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments, see remarks, filed 20 August 2026, with respect to claim 8 have been fully considered and are persuasive. The objection of claim 8 has been withdrawn. Applicant has corrected the informality.
Applicant’s arguments, see remarks, filed 20 August 2026, with respect to Double Patenting Rejections have been fully considered and are persuasive. The Double Patenting Rejections of claims 1-16 have been withdrawn. Applicant has filed the requisite terminal disclaimer as outlined above obviating said rejections.
Applicant’s arguments, see remarks, filed 20 August 2026, with respect to 35 USC 112(b) have been fully considered and are persuasive. The rejection of claims 1-16 has been withdrawn. Applicant has amended the claims to remove indefiniteness.
Applicant’s arguments, see remarks, filed 20 August 2026, with respect to 35 USC 103 rejections of claims 8-14 and 16 have been fully considered and are persuasive. The rejection of claims 8-14 and 16 has been withdrawn. Applicant has amended claim 8 to recite plural layers for the inner portion which cooperates to define the feature which is not disclosed by Zhang.
Applicant's arguments filed 20 August 2026 have been fully considered but they are not persuasive. Applicant argues that the amended recitation of multiple layers of aluminum in claims 1 and 17 differentiates over the teachings of Zhang (remarks pp.9-10). This is not persuasive as the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 (VI)(B). There is no objective evidence or technical reasoning set forth as to how multiple aluminum layers affords a new and unexpected result. Absent such a showing, the prior rejection is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sharp (US 3,798,011) teaches a pipe with optional titanium and aluminum layers.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH DUMBRIS whose telephone number is (571)272-5105. The examiner can normally be reached M-F 6:00 AM - 3:30 PM.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Humera Sheikh can be reached at 571-272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
SETH DUMBRIS
Primary Examiner
Art Unit 1784
/SETH DUMBRIS/Primary Examiner, Art Unit 1784
