This is a Final office for serial number 18/733,498.
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) 1-8, 10, 13, 16-19, 21, and 24-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knecht et al. (Knecht) 2022/0000342 in view of XU
CN 205251068U in view of Gros et al. (Gros) CA 3169107.
Knecht discloses
1. A device for attaching a movable optical element to a smart device, the device comprising: a main body, wherein the main body comprises a top member attached to a device-side member and a dial-side member such that a positive inset angle is formed between the device-side member and the dial-side member, wherein the positive inset angle is formed due to a first angle such that wherein the dial-side member comprises an aperture; 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.
5. The device of claim 1, wherein the main body is comprised of a resilient material such that the positive inset angle can increase when a load is applied to the first 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 a 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 a proximal end of the dial-side member such that a second angle is formed between the top member and the dial-side member.
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, wherein a proximal end of the device-side member is attached to the first end to form a first angle; a dial-side member that comprises a first aperture, wherein a proximal end of the dial-side member is attached to the second end to form a second angle, wherein the first angle is different from the second angle; 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 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 device-side member is attached to the top member to form a first angle; a dial-side member that comprises an aperture, wherein the dial-side member is attached to the top member to form a second angle, wherein the first angle is different from the second angle; 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:
a positive inset angle is formed between the device-side member and the dial-side member, wherein the positive inset angle is formed due to a first angle that is greater than 90 degrees and less than or equal to 110 degrees between the top member and at least one of the device-side member or the dial-side member.
XU teaches that it is known to have
(Claim 1) a positive inset angle is formed between the device-side member and the dial-side member, wherein the positive inset angle is formed due to a first angle that is greater than 90 degrees and less than or equal to 110 degrees between the top member and at least one of the device-side member or the dial-side member.
(Claim 2) The device of claim 1, wherein the positive inset angle is greater than 0 degrees and less than or equal to 2 degrees (the range is between claimed degrees).
(Claim 13) and wherein at least one of the first angle or the second angle is greater than 90 degrees and less than or equal to 110 degrees
(Claim 21) and wherein at least one of the first angle or the second angle is greater than 90 degrees and less than or equal to 110 degrees
[AltContent: textbox (Second Angle or another angle greater than 90 degrees and less than or equal to 110 degrees; Positive inset angle is greater than 0 degrees and less than or equal to 2 degrees)][AltContent: textbox (First angle or one angle )][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 Knech to have a positive inset angle is formed between the device-side member and the dial-side member, wherein the positive inset angle is formed due to an angle that is greater than 90 degrees and less than or equal to 110 degrees between the top member and at least one of the device-side member or the dial-side member, wherein the positive inset angle is greater than 0 degrees and less than or equal to 2 degrees as taught by XU for the purpose of providing the best clamping effect of the body to the supported member to which the device is attached.
Knecht in view of XU discloses all of the limitations of the claimed invention except for wherein the main body comprises at least one of Polycarbonate-Acrylonitrile Butadiene Styrene (PC ABS) or glass-filled PC ABS (PC ABS G).
Gros 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 XU for the purpose of providing a strong but resilient means material allowing positive clipping and/clamping force.
Modified Knecht in view of XU in view of Gros discloses claims:
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.
16. The device of claim 13, wherein the device further comprises a third angle that is formed between the device-side member and the dial-side member, and wherein the third angle is greater than 0 degrees and less than or equal to 2 degrees.
17. The device of claim 16, wherein the smart device surface is a camera surface, and wherein at least one of the first angle, the second angle, or the third 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.
24. The device of claim 21, wherein the device further comprises a third angle that is formed between the device-side member and the dial-side member, and wherein the third angle is greater than 0 and less than or equal to 2 degrees.
25. The device of claim 24, wherein the smart device surface is a camera surface, and wherein at least one of the first angle, the second angle, or the third angle is adopted 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) 9, 20, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Knecht et al. (Knecht) 2022/0000342 in view of XU CN201620034590 in view of Gros et al. (Gros) CA 3169107 in view of Huang 20140265099.
Knecht in view of XU in view of Gros discloses all of the limitations of the claimed invention except for the top member comprises a thickness between 4mm to 6mm or top member comprises a thickness between 3mm to 6mm.
Huang teaches it is known to have claims:
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) and is adapted to reduce flex where the top member is attached to the device-side member and the dial-side member.
20. The device of claim 13, wherein the top member comprises a thickness between 4mm to 6mm and is adapted to reduce flex where at least one of the proximal end of the device-side member is attached to the first end, or the proximal end of the dial-side member is attached to the second end.
28. The device of claim 21, wherein the top member comprises a thickness between 4mm to 6mm and is adapted to reduce flex where at least one of the
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 wherein the top member comprises a 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 choice without producing any unexpected results, destroying the invention, and are a matter of desirability and design parameters which would have been obvious and well within the level of ordinary skill in the art to provide a reasonably predictable result.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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
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