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 .
Response to Amendment
The status of the claim(s) is as follows:
Claims 1 and 11 have been amended,
Claims 2-10 and 12-20 were previously presented, and
Claims 21-30 were and still are withdrawn from further consideration (due to the restriction requirement dated 05/07/2024).
Therefore, claims 1-20 are currently pending in this application
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claims 1 and 11, applicant recites “its corresponding surface area”, “its perimeter” in lines 4 and 8, which is not clear which structure of the phrase “its” is referring to. The phrase “its” can be refer to the protective case and/or the computing device. For the purpose of examination, examiner presumes that the limitation “its” is referring to the computing device.
Claims 2-10 and 12-20 are also rejected base on their dependency to the rejected claim 1 and 11.
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.
Claims 1-3, 7, 9, 11-13, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR20230157043) in view of Wyss (5,738,214).
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As to claim 1, Lee discloses a protective case (Figure 1 with operating plate 20 and fixing plate 10) for a computing device (smart phone, Samsung Galaxy), comprising a first cover (23), a second cover (10), and a hinge piece (21) connecting the first and second covers (Figure 5 shows the assembled of the protective case); the first cover is configured to enclose and to capture at least a first portion of the computing device's main body, its corresponding surface area and its perimeter (Figures 1 and 7 of the drawing as annotated shows the combination of the phone with protective case configured to enclosed the first portion of the body of the computing device, since the computer device is not positively claimed and the applicant does not specifically recite the structure of the main body, surface area and perimeter of the computer, the protective case of Lee have the structure that is capable of covering at least a portion surfaces and body of the first portion of the computing device), the second cover (10) is configured to enclose and to capture at least a second portion of the computing device's main body its corresponding surface area and its perimeter (Figures 1 and 7 of the drawing as annotated shows the combination of the phone with protective case configured to enclosed the second portion of the body of the computing device, since the computer device is not positively claimed and the applicant does not specifically recite the structure of the main body, surface area and perimeter of the computer, the protective case of Lee have the structure that is capable of covering at least a portion surfaces and body of the second portion of the computing device); a recess (insertion portion 11) is disposed between the second cover and the computing device with its length and width set to enclose that of a leaf portion (slide piece 211) of the hinge piece (21), and the leaf portion that is flexible and slides within the recess with a range that supports the first and second covers to rotate from a fully closed position to a fully opened position (Figure 4 and Figure 8).
However, Lee further discloses that the hinge piece is adhered to the operating plate (20), but does not disclose a first row of knuckles situated along an edged abutting the second cover in parallel to a shaft of rotation of the computing device; the second cover is configured to enclose and to capture at least a second portion of the hinge piece comprises a second row of knuckles in complement to that of the first row of knuckles on the first cover. Nevertheless, Wyss discloses a container with a hinge structure, a first row of knuckles (5) situated along an edged along the first cover (20); the first cover is configured to enclose and to capture at least second cover (1) comprises a second row of knuckles (5) in complement to that of the first row of knuckles on the first cover to form the hinge.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the one end of the hinge (where the portion 210 of the hinge 21 adjacent to the frame of the first cover) that attached to the first cover (23) of Lee with knuckles form on the side of the first cover and other corresponding knuckles on the hinge piece as taught by Wyss in order to able to replace either the damage first cover (23) or the fixing part (10) with the pin/knuckle hinges with a new first cover or the fixing part without completely dispose of the case.
As to claim 2, Lee as modified further disclose the leaf portion (211) of the hinge piece (21) further comprises a plurality of slits (212) which serve as tracks to allow relative motion between the slits and a plurality of raised positioners fixed onto the recess of the second cover.
As to claim 3, Lee as modified further discloses the first and second row of knuckles are joined via a pin (15) through barrels of the first and second rows of knuckles.
As to claim 7, Lee as modified further discloses the recess is raised above the second cover via a preset displacement (as shown in Figure 9, the recess portion with backwall raised beyond the outside surface of the second cover 10) .
As to claim 9, Lee as modified further discloses the recess is configured to be completely enclosed within walls of the second cover (10, as shown in Figure 8, the recess is configured to be completely enclosed within walls of the second cover (10).
As to claim 11, Lee discloses a protective case (Figure 1 with operating plate 20 and fixing plate 10) for a computing device (smart phone, Samsung Galaxy), comprising a first cover (10), a second cover (23), and a hinge piece (21) connecting the first and second covers (Figure 5 shows the assembled of the protective case); the first cover (10) is configured to enclose and to capture at least a first portion of the computing device's main body , its corresponding surface area and its perimeter (Figures 1 and 7 of the drawing as annotated shows the combination of the phone with protective case configured to enclosed the first portion of the body of the computing device, since the computer device is not positively claimed and the applicant does not specifically recite the structure of the main body, surface area and perimeter of the computer, the protective case of Lee have the structure that is capable of covering at least a portion surfaces and body of the first portion of the computing device), a recess (insertion portion 11) is disposed between the first cover and the computing device with its length and width set to enclose that of a leaf portion (slide piece 211) of the hinge piece (21), the second cover (20) is configured to enclose and to capture at least a second portion of the computing device's main body, and its perimeter (Figures 1 and 7 of the drawing as annotated shows the combination of the phone with protective case configured to enclosed the second portion of the body of the computing device, since the computer device is not positively claimed and the applicant does not specifically recite the structure of the main body, surface area and perimeter of the computer, the protective case of Lee have the structure that is capable of covering at least a portion surfaces and body of the second portion of the computing device); and the leaf portion that is flexible and slides within the recess with a range that supports the first and second covers to rotate from a fully closed position to a fully opened position (Figure 4 and Figure 8).
However, Lee further discloses that the hinge piece is adhered to the operating plate (20), but does not disclose a first row of knuckles situated along an edged abutting the second cover; the second cover is configured to enclose and to capture at least a second portion of the hinge piece comprises a second row of knuckles in complement to that of the first row of knuckles on the first cover. Nevertheless, Wyss discloses a container with a hinge structure, a first row of knuckles (5) situated along an edged along the first cover (20); the first cover is configured to enclose and to capture at least second cover (1) comprises a second row of knuckles (5) in complement to that of the first row of knuckles on the first cover to form the hinge.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the one end of the hinge (where the portion 210 of the hinge 21 adjacent to the frame of the first cover) that attached to the first cover (23) of Lee with knuckles form on the side of the first cover and other corresponding knuckles on the hinge piece as taught by Wyss in order to able to replace either the damage first cover (23) or the fixing part (10) with the pin/knuckle hinges with a new first cover or the fixing part without completely dispose of the case.
As to claim 12, Lee as modified further disclose the leaf portion (211) of the hinge piece (21) further comprises a plurality of slits (212) which serve as tracks to allow relative motion between the slits and a plurality of raised positioners fixed onto the recess of the second cover.
As to claim 13, Lee as modified further discloses the first and second row of knuckles are joined via a pin (15) through barrels of the first and second rows of knuckles.
As to claim 17, Lee as modified further discloses the recess is raised above the first cover via a preset displacement (as shown in Figure 9, the recess portion with backwall raised beyond the outside surface of the first cover 10) .
As to claim 19, Lee as modified further discloses the recess is configured to be completely enclosed within walls of the second cover (10, as shown in Figure 8, the recess is configured to be completely enclosed within walls of the second cover (10).
Claims 8, 10, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR20230157043) in view of Wyss (5,738,214), further in view of Loh et al (10,790,869).
As to claims 8,10, 18 and 20, Lee as modified does not disclose the recess sit flush with the outside surface of the first cover and the hinge piece comprises preset textures. Nevertheless, Loh discloses a split screen phone carrying case (10) includes a first casing (40) and a second casing (80), a hinge piece (120), the hinge piece with one end connect to the second casing, and the other end sliding within slots or guide channels (50) formed in the first casing (40), the slots or guide channels are within the back of the first casing and have the recess sits flush with outside surface of the first casing (Figure 9 shows that the recess for holding hinge piece 120 are completely encasing in the first casing) and the hinge piece (120) comprises preset textures (rib like structure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the recess and the hinge portion of Lee that recess sit flush with the casing and have rib like structure as taught by Loh so that the outer surface can be flush to the touch in order to provide additional cover to attached to the outer surface of the casing and the ribs like structure texture provide a greater gripping and additional protection when the split carrying case is the closed configuration.
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR20230157043) in view of Wyss (5,738,214), further in view of Seidler (2002/0153376).
As to claims 4 and 14, Lee as modified does not disclose the first and second row of knuckles are joined via magnetic forces. Seidler discloses a container (Figure 1, 10) with hinge element (magnetic hinge, 16 and 18). It would have been obvious to one skilled in the art to substitute one known hinge mechanism (knuckles with hinge pin) for the other known hinge mechanism (magnetic force hinged) to achieve the predictable result of hinge two structure together. KSR Int' l Co. V. Teleflex Inc. 550 U.S. 398, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR).
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR20230157043) in view of Wyss (5,738,214), further in view of Borkan (4,219,116)
As to claims 5 and 15, Lee as modified does not disclose the first and second row of knuckles snap into one another via a figure-ground configuration.
Borkan discloses a container (Figure 1, 10), the container comprises a top (12) and bottom (14), which are hinged together by hinge (16 and 18), the hinge comprises hinge element (30 and 36), said hinge element (30) is position as a first row of knuckles and a second knuckles on the rear side walls of the top and bottom (12, 14), the first and second knuckles snap into one another via a figure-ground configuration (each hinge, 16, 18 is formed by a somewhat tubular protrusion 30 located on opposed, rear sidewalls 32, 34 of the top and bottom of the container snap fitted between a pair of spaced spherical protrusions 36 located on the respective rear sidewall opposed to that on which tubular protrusion is disposed. The ends of the plastic tubular protrusions are planar and are engaged by the plastic spherical protrusions to form the hinges). It would have been obvious to one skilled in the art to substitute one known hinge mechanism (knuckles with hinge pin) for the other known hinge mechanism (figure-ground type) as taught by Borkan to achieve the predictable result of hinge two structure together. KSR Int' l Co. V. Teleflex Inc. 550 U.S. 398, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR).
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR20230157043) in view of Wyss (5,738,214), further in view of Ahmed (11,737,612).
As to claims 6 and 16, Lee as modified does not disclose the first and second row of knuckles are replaced by a plurality of pairs of latches and receiving slots, wherein the latch comprises a hook profile. Ahmed discloses a container (1) with hinge element (Figures 1-3, hinge detail with knuckles structure 4 in the lid 1, and knuckles structure in the second housing 12) and the first and second row of knuckles are a plurality of pairs of latches (latch shown in Figure 3 on the lid structure 1) and receiving slots (slots are found in Figure 2) wherein the latch comprises a hook profile (as shown in Figures 2-3). It would have been obvious to one skilled in the art to substitute one known hinge mechanism (knuckles with hinge pin) for the other known hinge mechanism (latch hook and receiving slot) as taught by to achieve the predictable result of hinge two structure together. KSR Int' l Co. V. Teleflex Inc. 550 U.S. 398, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 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.
Conclusion
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 CHUN HOI CHEUNG whose telephone number is (571)270-5702. The examiner can normally be reached Monday to Friday 9AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E Aviles can be reached at (571)270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUN HOI CHEUNG/Primary Examiner, Art Unit 3736
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