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 . 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.
Claim Rejections - 35 USC § 103
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 1-3 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2019/0047815) in view of Zhou (US 2023/0182458).
Kim teaches a protective film attaching apparatus (100) comprising a case (200) which receives a portable electronic apparatus (10), a cover (400) for opening and closing the case, and a connecting part (300); wherein the case (200) comprises a first protrusion part (210), a first receiving groove (220), symmetrically arranged guide protrusions (211), and a combining protrusion (212); wherein the cover (400) comprises a second protrusion part (410), a second receiving groove (420), symmetrically arranged guide grooves (411) which receive the guide protrusions (211), and a combining groove (412) which receives the combining protrusion (212); and wherein a film member (500) is provided in the second receiving groove (420), the film member (500) comprising a protective film (520) and a second release paper (530) with a second grip tape (531) formed thereon (See Figures; [0053]-[0074]). The film attaching apparatus of Kim is main body comprising a packaging box with a folding structure as claimed, with the case (200), cover (400), and connecting part (300) reading on the instantly claimed lower cover plate, upper cover plate, and connecting plate, respectively. The first protrusion part (210), first receiving groove (220), guide protrusions (211), and combining protrusion (212) correspond to the instantly claimed first mobile phone frame, first limit slot, first and second snap parts, and positioning column, respectively. The second protrusion part (410), second receiving groove (420), guide grooves (411), and combining groove (412) correspond to the instantly claimed second mobile phone frame, second limit slot, third and fourth snap slots, and positioning slot, respectively. The film member (500), protective film (520) and second grip tape (531) read on the instantly claimed film assembly, protective film, and pull tab, respectively.
Kim does not expressly disclose that the guide protrusions and guide slots are snap fasteners as claimed.
Zhou teaches a film sticking box comprising a bottom shell (110) and a surface shell (200) which are rotatably connected by a connector (400) and snap-connected to one another (See Figures; [0011]; [0060]-[0062]). Zhou also discloses clamping protrusions and corresponding clamping slots for forming a snap connection between parts (See [0046]-[0048]).
It would have been obvious to one of ordinary skill in the art at the time of filing to provide a snap-fit connection between the guide protrusions and guide grooves of Kim. The rationale to do so would have been the motivation provided by the teaching of Zhou that such a snap connection provides a simple, quick, and convenient connection between the bottom shell and the surface shell (See [0062]).
Regarding the instantly claimed arrangement of the snap slots and snap parts, Kim teaches that the guide protrusions and guide grooves may be present on either the case or the cover (See [0055]). Kim does not expressly disclose a first pair of snap slots on the first frame and a second pair of snap slots on the second frame, with corresponding pairs of snap parts on each frame as well.
It would have been obvious to one of ordinary skill in the art at the time of filing to arrange provide two pairs of connectors rather than a single pair as taught by Kim. There mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In this case, the addition of more connectors simply provides more connection positions, which is a predictable result. Regarding the placement of the snap parts and snap slots on the case and cover, such a placement does not materially impact the operation of the apparatus. Therefore the arrangement of the connectors on the apparatus is a routine matter of design choice which does not patentably distinguish the claimed invention from the prior art.
Regarding the instantly claimed positioning slot and positioning column, Kim teaches that the combining groove (412) may be formed on the case (200), and the combining protrusion (212) may be formed on the cover (400) (See [0055]), which reads on the locations of claim 1. Regarding the limitation “an end of the second mobile phone frame near the first mobile phone frame is provided with a positioning column”, the fifth embodiment of Kim discloses such a position for the combining protrusion (412d) (See Fig. 29; [0124]).
Regarding the instantly claimed film assembly, Kim does not expressly disclose the pull tap being provided at a middle position of the protective film.
It would have been obvious to rearrange the second grip tape of Kim to the middle of the protective film rather than at one side thereof. The rearrangement of parts is an obvious matter of design choice unless it materially modifies the operation of the apparatus. In this case, the grip tape functions in the same predictable manner regardless of position on the protective film.
Kim also does not expressly disclose a positioning film provided on a lower surface of the protective film as claimed.
Zhou teaches a protective film assembly comprising a protective film (500), a release film layer (600) with a drawing part (700), and a protective layer (800) on a lower surface of the protective film, the protective layer comprising a positioning part (820) (See Figs. 5-7 and their descriptions). The protective film, drawing part, and protective layer comprising a positioning part read on the instantly claimed protective film, pull tab, and positioning film, respectively.
It would have been obvious to one of ordinary skill in the art at the time of filing to include the protective layer and positioning part of Zhou on the film member of Kim. The rationale to do so would have been the motivation provided by the teaching of Zhou that to do so would predictably ensure proper positioning of the film member on the film sticking apparatus, avoid film damage, and improve user experience and film sticking efficiency (See [0063]; [0066]).
Regarding claim 2, the connecting part of Kim is provided between the case and the cover and is fixedly and foldably thereto (See Figures; [0057]-[0058]).
Regarding claim 3, the second protrusion part (410) of Kim is arranged corresponding to the first protrusion part (210) (See Figures).
Regarding claim 5, the protective film assembly shown in Fig. 5 of Zhou has a T-shaped structure, with a narrower lower portion comprising only the drawing part (700) and a wider upper portion comprising the film member (500) and the protective layer (800). Zhou teaches that the protective layer includes positioning holes (821,821a) which are placed in positioning protrusions (230) of the surface shell (200) (See Figures; [0063]-[0070]). When used in combination with the Kim reference, the positioning holes would be placed on the guide protrusions and combining column.
Regarding claims 6-7, Kim and Zhou combine to teach a snap-fit connection between the guide protrusions and guide grooves, as detailed above. Such a connection is a plug-in connection as claimed. Regarding the particular positioning and pairing of the various guide protrusions and guide grooves, such placement is a routine matter of design choice which would have been obvious to one of ordinary skill in the art at the time of filing, as detailed above.
Regarding claim 8, the drawing part (700) of Zhou has a greater length than the protective film (500) (See Figs. 5-7).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2019/0047815) in view of Zhou (US 2023/0182458) as applied to claim 1 above, and further in view of F.K. Solutions (JP 3193806 U; hereinafter referred to as ‘806).
Kim and Zhou combine to teach a protective film attaching apparatus comprising a case, a cover, and a connecting part, with snap-connections between various components, as detailed above.
Kim and Zhou do not expressly disclose a hook provided on the apparatus in a snap-fit manner and a sealing tape as claimed.
‘806 teaches a protector attachment device (4) comprising a substrate having an upper surface (12) and an opening/closing portion (22) foldably connected to the upper surface, wherein the substrate also includes a hook (13) (See Figures; [0018]-[0031]).
It would have been obvious to one of ordinary skill in the art at the time of filing to include the hook of ‘806 on the apparatus taught by the combination of Kim and Zhou in order allow the apparatus to be hung for display in a retail environment. Since snap-fit connections were recognized in the prior art as being suitable for connecting portions of an attachment device, as taught by Zhou and detailed above, the use of such a connection between the hook and the protective film attaching apparatus would have been obvious to one of ordinary skill in the art at the time of filing.
Regarding the seal tape, Examiner is taking official notice that it is well-known and conventional to apply a sealing tape to a product in order to keep it closed and prevent tampering in a retail environment. The inclusion of such a tape would have been immediately obvious to one of ordinary skill in the art at the time of filing.
Conclusion
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/CARSON GROSS/Primary Examiner, Art Unit 1746