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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/11/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
Claims 1-20 of this application is patentably indistinct from claim 1-20 of Application No. 18/813,176. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. For example, claims 7 & 14 state “a durable, high strength…”; however, the examiner cannot ascertain what is meant by "durable” such that the metes and bounds of the claims can be clearly evaluated (what does “durable” refer to? What is evaluating the “durability”? What type of material does it require?). The above limitation, result in failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Furthermore, claims 8-14, as currently presented state “A method of making a portable console holder system, for holding and storying a portable gaming console”, however the claim body does not clearly recite a method of manufacture. The claims state the term "providing" but do not give any clear steps that one of ordinary skill in the art could perform to or “make”. These generic method steps do not clearly indicate how a method of manufacture for such an item can be performed.
Similarly, claims 15-20, as currently presented state “A method of using a portable console holder system, for holding and storying a portable gaming console”, do not clearly recite a method of use. The claims rely on the term "providing" but do not give any clear use steps that one of ordinary skill in the art could perform. These generic method steps do not clearly indicate how a method of using for such an item should be performed.
Examiner finds that because the claims are indefinite under 35 U.S.C. §112, 2nd paragraph, it is impossible to properly construe claim scope at this time. However, in accordance with MPEP §2173.06 and the USPTO's policy of trying to advance prosecution by providing art rejections even though these claims are indefinite, the claims are given broadest reasonable interpretation and prior art is applied as much as practically possible.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hovseth (US Patent Pub. 20120071248; referred to hereinafter as Hovseth).
Claims 1, 8 & 15: Hovseth disclose a portable gaming console holder system for holding and storing a portable gaming console (figure 1), comprising, a portable gaming console having at least one first controller located on a front side of the portable gaming console (figure 1) and a portable gaming console holding and storing apparatus for holding and storing the portable gaming console (figure 1, element 10), wherein the portable gaming console holding and storing apparatus further comprises, a frame, a base operatively connected to the frame(figure 1), at least one recessed area located adjacent to the base for receiving the at least one controller, a portable gaming console retention device operatively connected to the frame (figure 1-2 disclose recessed area for receiving the at least one controller), a first extension operatively connected to the frame and located across the frame from the portable gaming console retention device (0024-0025 & 0038), and at least one ventilation opening located on the base (figure 2, elements 78-80 are cutout in the holder which acts as ventilation opening).
Claims 2, 9 & 16: Hovseth disclose wherein the portable gaming console further comprises: a directional pad located on the front side of the portable gaming console; a display screen located on the front side of the portable gaming console; an audio input located on the portable gaming console; and a plurality of trigger stacks located on a back side of the portable gaming console (figures 1-3, element 0076A-B & 0041).
Claims 3, 10 & 17: Hovseth disclose wherein the portable gaming console holding and storing apparatus further comprises: a plurality of cut-away areas located adjacent to the first extension, wherein each of the plurality of cut-away areas is configured to receive each of the plurality of trigger stacks (figure 2).
Claims 4, 11 & 18: Hovseth disclose wherein the first extension further comprises: another ventilation opening located on the first extension, wherein another ventilation opening is capable of being located adjacent to the portable gaming console; and an audio jack opening located on the portable gaming console holding and storing apparatus, wherein the audio jack opening is capable of being located adjacent to the audio input (figures 1-3 & 0039-0041).
Claims 5, 12 & 19: Hovseth disclose wherein the portable gaming console retention device further comprises: at least one second extension operatively connected to the frame; and at least one clip operatively connected to the at least one second extension (figures 1-2 & 0038-0041).
Claims 6, 13 & 20: Hovseth disclose wherein the portable gaming console holding and storing apparatus comprises: a game cartridge drawer located on a back side of the portable gaming console holding and storing apparatus (0046-0048), at least one game cartridge holding area located on a first side of the game cartridge drawer (figure 2, element 56A), at least one game cartridge drawer guide located on a second side of the game cartridge drawer (figure 2, element 16) at least one game cartridge drawer rail operatively connected to the back side of the portable gaming console holding and storing apparatus and a game cartridge rail stop located on one end of the at least one game cartridge drawer rail (figure 2).
Claims 7 & 14: Hovseth disclose wherein the portable gaming console holding and storing apparatus is constructed of: a durable, high strength, rust resistant, UV resistant, lightweight material (0031).
Examiner’s Note
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Weng (12,458,895) refers to A protective case for a game device includes a first housing and two second housings. The first housing is configured for accommodating the main body of the game device, and the first housing has two opposite lateral sides along a lateral direction of the first housing. The two second housings are configured for accommodating the two handle controllers respectively, the two second housings are rotatably connected to the two lateral sides of the first housing respectively, and each second housing has a lateral wall on a side away from the first housing. Each second housing is rotatable relative to the first housing between a first position in which the lateral wall of the second housing is engaged with a side edge of a corresponding handle controller; and a second position in which the lateral wall of the second housing is disengaged with the side edge of the corresponding handle controller.
Brand (20230226455) refers to ergonomic grip for a portable game console comprising a central body portion with a left handgrip and a right handgrip connected to the left and right sides of the central body portion. A central recessed area is formed between the left handgrip and the right handgrip. Cushioning tabs are positioned at one or more interior surfaces of the ergonomic grip facing the central recessed area. The tabs are compressible to both cushion a portable game console positioned in the central recessed area and retain the portable game console via friction fit. The cushioning tabs are adapted to be compressed between the portable game console and the corresponding interior surfaces. The degree of compression of the tabs is variable with the size of the portable game console so that portable game consoles of different sizes will be securely held within the central recessed area.
The referenced citations made in the rejection(s) above are intended to exemplify areas in the prior art document(s) in which the examiner believed are the most relevant to the claimed subject matter. However, it is incumbent upon the applicant to analyze the prior art document(s) in its/their entirety since other areas of the document(s) may be relied upon at a later time to substantiate examiner's rationale of record. A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). However, "the prior art's mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed ...." In re Fulton, 391F.3d 1195, 1201,73 USPQ2d 1141, 1146 (Fed. Cir. 2004).
Conclusion
This is a parent application of applicant's Application No. 18/909,639. All claims are identical to, patentably indistinct from, or have unity of invention with the invention claimed in the earlier application (that is, restriction (including lack of unity) would not be proper) and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the earlier application. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action in this case. See MPEP § 706.07(b). 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 SUNIT PANDYA whose telephone number is (571)272-2823. The examiner can normally be reached M-F 9:30-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat can be reached at 571-270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNIT PANDYA/ Primary Examiner, Art Unit 3715