This is a Non-final office action for serial number 18/733498.
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 Rejections - 35 USC § 103
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.
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.
Claim(s) 1, 3-5, 7, 8, 10, 13, 17-19, 21, and 25-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knecht et al. (Knecht) 12471760 in view Downing 3,891,176.
Knecht discloses claims:
1. A device for attaching a movable optical element to a smart device, the device comprising: a device-side member having a proximal end and a distal end ;a dial-side member having a proximal end and a distal end and comprising an aperture, a top member extending from the proximal end of the device-side member to the proximal end of the dial-side member, a first contact surface attached to the device-side member and configured to contact a first smart device surface; a linearly movable member that comprises a shaft and a second contact surface, wherein the shaft comprises a threaded hole, and wherein the second contact surface is configured to contact a second smart device surface; and a threaded knob comprising a threaded protrusion, wherein the threaded protrusion protrudes through the aperture of the dial-side member and is connected to the threaded hole of the shaft, wherein the threaded knob is configured to move the linearly movable member in a direction relative to the first contact surface when turned.
13. A device for attaching a moveable optical element to a smart device, the device comprising: a top member, comprising a first end and a second end; a device-side member having a proximal end and a distal end, a dial-side member having a proximal end and a distal end and that comprises a first aperture, wherein the proximal end of the dial-side member is attached to the second end to form; a linearly moveable member that comprises a shaft, a first surface, a second surface, and an aperture for aligning a viewing portion of the moveable optical element with a camera lens of the smart device in a first axis, wherein the first surface is configured to contact a smart device surface; and a knob connected to the shaft through the first aperture.
21. A device for attaching an otoscope to a smart device, the device comprising: a top member; a device-side member having a proximal end and a distal end and that comprises an engagement member, wherein the engagement member is configured to engage with a movable otoscope in a first position or a second position, and wherein the proximal end of the device-side member is attached to the top member to form a first angle that is less than 90 degrees and greater than or equal to 80 degrees; a dial-side member having a proximal end and a distal end and that comprises an aperture, a linearly movable member that comprises a shaft and a contact surface, wherein the contact surface is configured to contact a smart device surface; and a knob connected to the shaft through the aperture.
[AltContent: textbox (smart device (102)
smart device surfaces (front and back of smart device))][AltContent: arrow]
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[AltContent: textbox (Dial-side member top member (620) device-side member (118)
Angle Angle)][AltContent: arrow][AltContent: arrow][AltContent: arrow]
[AltContent: textbox (2nd surface 106
Oval Aperture 210 of 106)][AltContent: textbox (Aperture
632 )][AltContent: textbox (Linearly movable member 624)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Shaft
628)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd contact surface (626))][AltContent: textbox (1st contact surface (119))][AltContent: arrow][AltContent: textbox (Threaded knob (114))][AltContent: textbox (Main body (122))][AltContent: arrow]
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Knecht discloses all of the limitations except for:
(claim 5) wherein the top member, the device-side member, and the dial-side member are comprised of a resilient material such that the positive inset angle can increase when a load is applied to the first contact surface
(of claim 1) the distal end of the dial-side member and the distal end of the device-side member converging toward each other such that a positive inset angle that is greater than 0 degrees and less than or equal to 2 degrees is formed between the device-side member and the dial-side member; the top member forming a first angle with the device-side member that is less than 90 degrees and greater than or equal to 80 degrees and a second angle with the dial-side member that is greater than 90 degrees and less than or equal to 100 degrees, and the top member being inclined such that an end of the top member at the dial-side member is offset toward the distal end of the dial-side member relative to an end of the top member at the device-side member;
(of claim 13) wherein the proximal end of the device-side member is attached to the first end to form a first angle that is less than 90 degrees and greater than or equal to 80 degrees; a second angle that is greater than 90 degrees and less than or equal to 100 degrees, the distal end of the dial-side member and the distal end of the device-side member converging toward each other such that a positive inset angle that is greater than 0 degrees and less than or equal to 2 degrees is formed between the device-side member and the dial-side member, and the second end of the top member being offset toward the distal end of the dial-side member relative to the first end of the top member such that the top member is inclined
(of claim 21) and wherein the proximal end of the device-side member is attached to the top member to form a first angle that is less than 90 degrees and greater than or equal to 80 degrees; wherein the proximal end of the dial-side member is attached to the top member to form a second angle that is greater than 90 degrees and less than or equal to 100 degrees, the distal end of the dial-side member and the distal end of the device-side member converging toward each other such that a positive inset angle that is greater than 0 degrees and less than or equal to 2 degrees is formed between the device-side member and the dial-side member, and an end of the top member attached to the dial-side member being offset toward the distal end of the dial-side member relative to an end of the top member attached to the device-side member such that the top member is inclined;
Downing teaches that it is known to have:
5. wherein the top member, the device-side member, and the dial-side member are comprised of a resilient material such that the positive inset angle can increase when a load is applied to the first contact surface; (a clip being made of a resilient material see specification which teaches of a flexible clip member allowing spring back/elastic characteristics)
(of claim 1) the distal end of the dial-side member and the distal end of the device-side member converging toward each other such that a positive inset angle that is greater than 0 degrees and less than or equal to 2 degrees is formed between the device-side member and the dial-side member; the top member forming a first angle with the device-side member that is less than 90 degrees and greater than or equal to 80 degrees and a second angle with the dial- side member that is greater than 90 degrees and less than or equal to 100 degrees, and the top member being inclined such that an end of the top member at the dial-side member is offset toward the distal end of the dial-side member relative to an end of the top member at the device-side member;
(of claim 13) wherein the proximal end of the device-side member is attached to the first end to form a first angle that is less than 90 degrees and greater than or equal to 80 degrees; a second angle that is greater than 90 degrees and less than or equal to 100 degrees, the distal end of the dial-side member and the distal end of the device-side member converging toward each other such that a positive inset angle that is greater than 0 degrees and less than or equal to 2 degrees is formed between the device-side member and the dial-side member, and the second end of the top member being offset toward the distal end of the dial-side member relative to the first end of the top member such that the top member is inclined
(of claim 21) and wherein the proximal end of the device-side member is attached to the top member to form a first angle that is less than 90 degrees and greater than or equal to 80 degrees; wherein the proximal end of the dial-side member is attached to the top member to form a second angle that is greater than 90 degrees and less than or equal to 100 degrees, the distal end of the dial-side member and the distal end of the device-side member converging toward each other such that a positive inset angle that is greater than 0 degrees and less than or equal to 2 degrees is formed between the device-side member and the dial-side member, and an end of the top member attached to the dial-side member being offset toward the distal end of the dial-side member relative to an end of the top member attached to the device-side member such that the top member is inclined.
[AltContent: textbox (Top member)][AltContent: arrow][AltContent: textbox (Device-side member (28)
Angle (80 degrees))][AltContent: textbox (Dial-side member (22)
Angle (greater than 90 degrees since approximate would mean/or equate to greater than 90 degrees meeting limitation))][AltContent: arrow][AltContent: arrow]
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Knecht to have wherein the top member, the device-side member, and the dial-side member are comprised of a resilient material such that the positive inset angle can increase when a load is applied to the first contact surface the distal end of the dial-side member and the distal end of the device-side member converging toward each other such that a positive inset angle that is greater than 0 degrees and less than or equal to 2 degrees is formed between the device-side member and the dial-side member; the top member forming a first angle with the device-side member that is less than 90 degrees and greater than or equal to 80 degrees and a second angle with the dial-side member that is greater than 90 degrees and less than or equal to 100 degrees, and the top member being inclined such that an end of the top member at the dial-side member is offset toward the distal end of the dial-side member relative to an end of the top member at the device-side member; wherein the proximal end of the device-side member is attached to the first end to form a first angle that is less than 90 degrees and greater than or equal to 80 degrees; a second angle that is greater than 90 degrees and less than or equal to 100 degrees, the distal end of the dial-side member and the distal end of the device-side member converging toward each other such that a positive inset angle that is greater than 0 degrees and less than or equal to 2 degrees is formed between the device-side member and the dial-side member, and the second end of the top member being offset toward the distal end of the dial-side member relative to the first end of the top member such that the top member is inclined; and wherein the proximal end of the device-side member is attached to the top member to form a first angle that is less than 90 degrees and greater than or equal to 80 degrees; wherein the proximal end of the dial-side member is attached to the top member to form a second angle that is greater than 90 degrees and less than or equal to 100 degrees, the distal end of the dial-side member and the distal end of the device-side member converging toward each other such that a positive inset angle that is greater than 0 degrees and less than or equal to 2 degrees is formed between the device-side member and the dial-side member, and an end of the top member attached to the dial-side member being offset toward the distal end of the dial-side member relative to an end of the top member attached to the device-side member such that the top member is inclined as taught by Downing for the purpose of providing a better means of gripping, compressive and holding force on an object which will prevent the clip from slipping from the supporting object such as a smart phone.
Modified Knect in view of Downing teach/disclose:
3. The device of claim 1, wherein the positive inset angle is adapted to compensate for a deflection of the device-side member under a load caused by the first smart device surface.
4. The device of claim 1, wherein the first smart device surface is a camera surface, and wherein the positive inset angle is adapted to compensate for a deflection of the device-side member under a load caused by the camera surface.
7.The device of claim 1, wherein the device-side member is adapted to bend away from the dial-side member when a first load is applied to the first contact surface.
8. The device of claim 7, wherein the dial-side member is adapted to bend away from the device-side member when a second load is applied to the second contact surface.
10. The device of claim 1, wherein the top member being attached to the device- side member and the dial-side member comprises a first end of the top member being attached to the proximal end of the device-side member such that the first angle is formed between the top member and the device-side member, and a second end of the top member being attached to the proximal end of the dial-side member such that the second angle is formed between the top member and the dial-side member.
17. The device of claim 13, wherein the smart device surface is a camera surface, and wherein at least one of the first angle, the second angle, or the positive inset angle is adapted to compensate for a deflection of the device-side member under a load caused by the camera surface.
18. The device of claim 13, wherein the device-side member is adapted to bend away from the dial-side member when a first load is applied to the first surface.
19. The device of claim 13, wherein the dial-side member is adapted to bend away from the device-side member when a second load is applied to the second surface.
25. The device of claim 21, wherein the smart device surface is a camera surface, and wherein at least one of the first angle, the second angle, or the positive inset angle is adapted to compensate for a deflection of the device-side member under a load caused by the camera surface.
26. The device of claim 21, wherein the device-side member is adapted to bend away from the dial-side member when a first load is applied to the contact surface.
27. The device of claim 21, wherein the dial-side member is adapted to bend away from the device-side member when a second load is applied to the contact surface.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knecht et al. (Knecht) 12471760 in view Downing 3,891,176 in view of Stakoe 2019/0100149.
Knecht discloses it is known to have all of the limitations of the claimed invention except for wherein at least one of the top member, the device-side member, or the dial-side member comprises at least one of Polycarbonate-Acrylonitrile Butadiene Styrene (PC ABS) or glass-filled PC ABS (PC ABS G).
Stakoe teaches that it is known to have claim:
(claim 6) The device of claim 1, wherein the main body comprises at least one of Polycarbonate-Acrylonitrile Butadiene Styrene (PC ABS) or glass-filled PC ABS (PC ABS G).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Knecht in view of Downing for the purpose of providing a strong but resilient means material allowing positive clipping and/clamping force preventing accidental removal of the clip from the supporting object such as a smart phone.
Claim(s) 9, 20, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knecht et al. (Knecht) 12471760 in view of Downing 3,891,176 in view of Huang 20140265099.
Knecht in view of Downing discloses all of the limitations of the claimed invention except for wherein the top member comprises a thickness between 4mm to 6mm.
Huang teaches it is known to have:
9. The device of claim 1, wherein the top member comprises a thickness between 4mm to 6mm (range from 0mm to 5mm therefore between 3mm-6mm thickness, paragraph 0007)
20. The device of claim 13, wherein the top member comprises a thickness between 4mm to 6mm
28. The device of claim 21, wherein the top member comprises a thickness between 4mm to 6mm
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have A change in shape/thickness between 3mm to 6mm as taught by Huang for the purpose of providing a resilient member including members having a thickness that reduces flex since the particular materials, thickness, and the angle of the members of the device are a matter of engineering design choice without producing any unexpected results, destroying the invention, and are a matter of desirability and design parameters providing reasonable predictable results for positive clipping and/clamping force preventing accidental removal of the clip from the supporting object such as a smart phone.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
