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 .
Information Disclosure Statement
MPEP 609.04(a)(III) notes that while “a concise explanation of the relevance of the information is not required for English language information, applicants are encouraged to provide a concise explanation of why the English-language information is being submitted and how it is understood to be relevant…. particularly where documents are lengthy and complex and applicant is aware of a section that is highly relevant to patentability.” Applicant has submitted, among several other documents, the SEC Annual Report Form 10-K for Credit Acceptance Corp. for the calendar year 2012. The document is 102 pages long and does not have any clear direct tie to Applicant or Applicant’s invention. A brief explanation of why this form was submitted (and not, for example, other years’ forms), and what pages are particularly relevant would be appreciated by the Examiner.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 2, 5-8, 15, 16, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (Pub. No. US 2014/0262854 A1; hereafter Chen).
Regarding claim 1, Chen discloses a camera case comprising: a support stand comprising a first segment (see Chen Fig. 1B, item 127) and a second segment (see Chen Fig. 1B, item 126), wherein the first segment and the second segment are hingedly coupled (see Chen Fig. 1B, item 128); a housing coupled to a first surface of the first segment (see Chen Fig. 1F, items 127 and 135, which are hingedly connected at 131), wherein the housing is configured to hold a camera (see Chen paragraph [0027] “covering the entire mobile device 130 except for the screen side and providing cutout portions to allow for access to certain portions of the mobile device 130 (e.g., a camera lens”); and wherein the support stand is moveable from a closed position to an open position by rotating the first segment relative to the second segment, wherein the rotating is from a first position to a second position (see Chen Figs. 1D-1 and 1E-1, items 126 and 127), wherein the second position is in a range of about 20° to about 22.5° away from a line normal to a surface, and wherein, when in the open position, the second segment is configured to rest on the surface (see Chen Fig. 1B, which shows the second segment 126 resting on the surface. See also paragraph [0028 “the mobile device 130 is placed in a "portrait-style" orientation, advantageously providing a viewing angle of approximately 60 degrees (e.g., between about 50 degrees to about 70 degrees).” 70 degrees from the surface is 20 degrees from the normal. Given that the claim recites “about 20° to about 22.5°” (emphasis added) and there is no allegation of criticality with the claimed range, Examiner concludes that Chen provides “sufficient specificity” to anticipate the claimed range. See MPEP 2131.03(II)).
Regarding claim 2, Chen discloses the camera case of claim 1, wherein the camera comprises a mobile electronic device (see Chen Fig. 1A, item 130).
Regarding claim 5, Chen discloses the camera case of claim 1, wherein the first position is at about 90° away from the line normal to the surface (see Chen Fig. 1E-1, which discloses that the device is flat in the closed position, and therefore can lie flat on the surface, which is perpendicular to the normal direction of the surface).
Regarding claim 6, Chen discloses the camera case of claim 1, wherein, when the support stand is in the open position, the camera captures a perspective angle of an object (whatever perspective is seen by the camera is “a” perspective angle of an object).
Regarding claims 7 and 8, Chen discloses the camera case of claim 6, what the camera captures an image of is intended use of the camera, and therefore does not affect any of the structure of the camera case. Apparatus claims are “cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original) (see MPEP 2114(II)). Since the object the camera takes a picture of does not imply any structure, the claim limitations are not given patentable weight in an apparatus claim.
Regarding claim 15, Chen discloses a method of constructing a camera case comprising: hingedly coupling a first segment of a support stand to a second segment of the support stand (see Chen Fig. 1B, items 126-128), wherein the first segment is configured to rotate relative to the second segment to move between a closed position of the support stand and an open position of the support stand (see Chen Figs. 1D-1 and 1E-1, items 126 and 127), and wherein when the support stand is in the open position, the first segment is in a range of about 20° to about 22.5° away from a line normal to a surface and the second segment rests on the surface (see Chen Fig. 1B items 126 and 127 and arguments made with respect to claim 1, above); and coupling a housing to a first surface of the first segment (see Chen Fig. 1F, items 127 and 135, which are hingedly connected at 131), wherein the housing is configured to hold a camera (see Chen Fig. 1A, items 100 and 130).
Regarding claim 16, Chen discloses the method of claim 15, wherein the camera comprises a mobile electronic device (see Chen Fig. 1A, items 100 and 130).
Regarding claims 19 and 20, Chen discloses the method of claim 15, the claim limitations recited in claims 19 and 20 are method steps of using a camera case, not method steps of constructing a camera case, as called for in claims 15, 19, and 20, and therefore do not provide further limitations which provide patentable weight to the method of constructing the camera case.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9, 10, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Carolus et al. (Pub. No. US 2020/0322546 A1; hereafter Carolus).
Regarding claims 9, 13, and 14, Chen discloses a method for using a camera case comprising: moving a support stand from a closed position to an open position (see Chen Figs. 1E-1 and 1D-1), wherein the support stand comprises: a first segment hingedly coupled to a second segment, wherein the first segment is configured to move relative to the second segment to achieve the open position from the closed position, and wherein, when the support stand is in the open position, the first segment is in a range of about 20° to about 22.5° away from a line normal to a surface and the second segment rests on the surface (see Chen Fig. 1B items 126 and 127 and arguments made with respect to claim 1, above); placing a camera into a housing (see Chen Fig. 1A, item 130), wherein the housing is coupled to a first surface of the first segment (see Chen Fig. 1F, items 127 and 135, which are hingedly connected at 131).
Chen does not disclose capturing a perspective angle of an object via the camera; [claim 13] wherein the object is a vehicle; [claim 14] wherein the perspective angle is an underbody angle of the vehicle.
Carolus discloses that it was well known in the art at the time the invention was filed to use a mobile electronic device to capture images of the undercarriage of a vehicle (see Carolus Figs. 3 and 6, item 106).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to utilize the camera device of Chen to capture images of the underside of a car in order to aid the assessment of the car for buying or selling, especially to remote buyers/sellers, as taught by Carolus (see Carolus paragraph [0002]).
Regarding claim 10, Chen discloses the method of claim 9, wherein the camera comprises a mobile electronic device (see Chen Fig. 1A,item 130).
Claim(s) 1-3, 5-8, 15-17, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran (Pub. No. US 2013/0048514 A1; hereafter Corcoran) in view of Chen.
Regarding claim 1, Corcoran discloses a device case comprising: a support stand comprising a first segment (see Corcoran Fig. 3B, item 320) and a second segment (see Corcoran Fig. 3B, item 303), wherein the first segment and the second segment are hingedly coupled (see Corcoran Fig. 3B, item 332); a housing coupled to a first surface of the first segment (see Corcoran Fig. 3B, items 320 and 321), wherein the housing is configured to hold a camera (see Corcoran Fig. 3B, item 315 and paragraph [0042] “a rear panel of a universal case may include one or more holes to accommodate ports, flashes, and/or cameras on a PED”); and wherein the support stand is moveable from a closed position to an open position by rotating the first segment relative to the second segment, wherein the rotating is from a first position to a second position (see Corcoran Figs. 3B and 3D, items 320 and 303), and wherein, when in the open position, the second segment is configured to rest on the surface (see Corcoran Fig. 3B, item 303).
Corcoran does not disclose that the second position is in a range of about 20° to about 22.5° away from a line normal to a surface.
Chen discloses a housing for a device wherein the second position is in a range of about 20° to about 22.5° away from a line normal to a surface (see Chen Fig. 1B, item 126. See also paragraph [0028 “the mobile device 130 is placed in a "portrait-style" orientation, advantageously providing a viewing angle of approximately 60 degrees (e.g., between about 50 degrees to about 70 degrees).” 70 degrees from the surface is 20 degrees from the normal.).
Corcoran discloses placing multiple settable positions of the device through rotation of the first element and second element with respect to each other (see Corcoran Fig. 3B, items 335-337). It therefore would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide additional rest positions around the desired angle taught by Chen (i.e. 50-70 degrees), including ones around 50, 60, and 70 degrees, in order to enable the user to select the most desirable and comfortable angle out of the disclosed range. It further would have been obvious to provide the mobile device of Corcoran with a camera to enable the user to take pictures or utilize video call technology.
Regarding claim 2, Corcoran as modified by Chen discloses the camera case of claim 1, wherein the camera comprises a mobile electronic device (see Corcoran Fig. 3B, item 315).
Regarding claim 3, Corcoran as modified discloses the camera case of claim 1, wherein the first segment further comprises a first end and a second end, wherein the second end terminates in a concave flange configured to securely brace the housing (see Corcoran Fig. 3B, item 332. When in the closed position, the bottom of housing 321 is secured by the curved portion of 322, which can be construed as part of the second end of the first portion).
Regarding claim 5, Corcoran as modified discloses the camera case of claim 1, wherein the first position is at about 90° away from the line normal to the surface (see Corcoran Fig. 3D, which discloses that the device is flat, and therefore can lie flat on the surface, which is perpendicular to the normal direction of the surface).
Regarding claim 6, Corcoran as modified discloses the camera case of claim 1, wherein, when the support stand is in the open position, the camera captures a perspective angle of an object (whatever perspective is seen by the camera is “a” perspective angle of an object).
Regarding claims 7 and 8, Corcoran as modified discloses the camera case of claim 6, what the camera captures an image of is intended use of the camera, and therefore does not affect any of the structure of the camera case. Apparatus claims are “cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original) (see MPEP 2114(II)). Since the object the camera takes a picture of does not imply any structure, the claim limitations are not given patentable weight in an apparatus claim.
Regarding claim 15, Corcoran discloses a method of constructing a camera case comprising: hingedly coupling a first segment of a support stand to a second segment of the support stand (see Corcoran Fig. 3B, items 320 and 303), wherein the first segment is configured to rotate relative to the second segment to move between a closed position of the support stand and an open position of the support stand (see Corcoran Figs. 3B and 3D, items 320 and 303); and coupling a housing to a first surface of the first segment (see Corcoran Fig. 3B, items 320 and 321), wherein the housing is configured to hold a camera (see Corcoran Fig. 3B, items 321 and 315).
Corcoran does not disclose that wherein when the support stand is in the open position, the first segment is in a range of about 20° to about 22.5° away from a line normal to a surface and the second segment rests on the surface.
Chen discloses a housing for a device wherein the second position is in a range of about 20° to about 22.5° away from a line normal to a surface (see Chen Fig. 1B, item 126. See also paragraph [0028 “the mobile device 130 is placed in a "portrait-style" orientation, advantageously providing a viewing angle of approximately 60 degrees (e.g., between about 50 degrees to about 70 degrees).” 70 degrees from the surface is 20 degrees from the normal.).
Corcoran discloses placing multiple settable positions of the device through rotation of the first element and second element with respect to each other (see Corcoran Fig. 3B, items 335-337). It therefore would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide additional rest positions around the desired angle taught by Chen (i.e. 50-70 degrees), including ones around 50, 60, and 70 degrees, in order to enable the user to select the most desirable and comfortable angle out of the disclosed range. It further would have been obvious to provide the mobile device of Corcoran with a camera to enable the user to take pictures or utilize video call technology.
Regarding claim 16, Corcoran as modified the method of claim 15, wherein the camera comprises a mobile electronic device (see Corcoran Fig. 3B, item 315).
Regarding claim 17, Corcoran as modified discloses the method of claim 15, wherein the first segment further comprises a first end and a second end, and wherein the second end terminates in a concave flange configured to securely brace the housing , Corcoran as modified discloses the camera case of claim 1, wherein the first segment further comprises a first end and a second end, wherein the second end terminates in a concave flange configured to securely brace the housing (see Corcoran Fig. 3B, item 332. When in the closed position, the bottom of housing 321 is secured by the curved portion of 322, which can be construed as part of the second end of the first portion).
Regarding claims 19 and 20, Corcoran as modified discloses the method of claim 15, the claim limitations recited in claims 19 and 20 are method steps of using a camera case, not method steps of constructing a camera case, as called for in claims 15, 19, and 20, and therefore do not provide further limitations which provide patentable weight to the method of constructing the camera case.
Claim(s) 9, 10, 11, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran in view of Chen and Carolus.
Regarding claims 9, 13, and 14, Corcoran discloses a method for using a camera case comprising: moving a support stand from a closed position to an open position (see Corcoran Fig. 3B, while Corcoran does not explicitly show the device in the closed position with respect to the embodiment of Fig. 3, it would have been obvious to close the device as shown with respect to the embodiment of Fig. 1C in order to protect the camera device when not used), wherein the support stand comprises: a first segment hingedly coupled to a second segment, wherein the first segment is configured to move relative to the second segment to achieve the open position from the closed position (see Corcoran Fig. 3B, items 320 and 303); placing a camera into a housing (see Corcoran Fig. 3B, item 315), wherein the housing is coupled to a first surface of the first segment (see Corcoran Fig. 3B, items 320 and 321).
Corcoran does not disclose that when the support stand is in the open position, the first segment is in a range of about 20° to about 22.5° away from a line normal to a surface and the second segment rests on the surface or capturing a perspective angle of an object via the camera; [claim 13] wherein the object is a vehicle; [claim 14] wherein the perspective angle is an underbody angle of the vehicle.
Chen discloses a housing for a device wherein the second position is in a range of about 20° to about 22.5° away from a line normal to a surface (see Chen Fig. 1B, item 126. See also paragraph [0028 “the mobile device 130 is placed in a "portrait-style" orientation, advantageously providing a viewing angle of approximately 60 degrees (e.g., between about 50 degrees to about 70 degrees).” 70 degrees from the surface is 20 degrees from the normal.).
Corcoran discloses placing multiple settable positions of the device through rotation of the first element and second element with respect to each other (see Corcoran Fig. 3B, items 335-337). It therefore would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide additional rest positions around the desired angle taught by Chen (i.e. 50-70 degrees), including ones around 50, 60, and 70 degrees, in order to enable the user to select the most desirable and comfortable angle out of the disclosed range. It further would have been obvious to provide the mobile device of Corcoran with a camera to enable the user to take pictures or utilize video call technology.
Corcoran in view of Chen does not disclose capturing a perspective angle of an object via the camera; [claim 13] wherein the object is a vehicle; [claim 14] wherein the perspective angle is an underbody angle of the vehicle.
Carolus discloses that it was well known in the art at the time the invention was filed to use a mobile electronic device to capture images of the undercarriage of a vehicle (see Carolus Figs. 3 and 6, item 106).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to utilize the camera device of Corcoran as modified to capture images of the underside of a car in order to aid the assessment of the car for buying or selling, especially to remote buyers/sellers, as taught by Carolus (see Carolus paragraph [0002]).
Regarding claim 10, Chen discloses the method of claim 9, wherein the camera comprises a mobile electronic device (see Chen Fig. 1A,item 130).
Regarding claim 11, Corcoran as modified discloses the method of claim 9, wherein the first segment further comprises a first end and a second end, and wherein the second end terminates in a concave flange configured to securely brace the housing , Corcoran as modified discloses the camera case of claim 1, wherein the first segment further comprises a first end and a second end, wherein the second end terminates in a concave flange configured to securely brace the housing (see Corcoran Fig. 3B, item 332. When in the closed position, the bottom of housing 321 is secured by the curved portion of 322, which can be construed as part of the second end of the first portion).
Claim(s) 4 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran in view of Chen as applied to claims 1 and 15, above, and further in view of Han (Pub. No. US 2011/0290687 A1; hereafter Han).
Regarding claims 4 and 18, Corcoran as modified discloses the camera case of claims 1 and 15, respectively, but does not specifically disclose that the second segment further comprises a first end and a second end, wherein the first end terminates in a hook configured to removably fasten to the first end of the first segment when the support stand is in the closed position.
Corcoran discloses that the second end of the second segment comprises an engagement member for holding the device shut (see Corcoran Fig. 1C, item 112), but does not specifically disclose that the device is a hook configured to removably fasten to the first end of the first segment when the support stand is in the closed position.
Han discloses a hook configured to removably fasten to the first end of the first segment when the support stand is in the closed position (see Han Figs. 1 and 3, item 112).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Corcoran in view of Chen with a hook like that in Han in order to enable the device to securely hold itself in the closed position, as shown in Han.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corcoran in view of Chen and Carolus as applied to claims 9, above, and further in view of Han.
Regarding claim 12, Corcoran in view of Chen and Carolus discloses the method of claim 9, but does not specifically disclose that the second segment further comprises a first end and a second end, wherein the first end terminates in a hook configured to removably fasten to the first end of the first segment when the support stand is in the closed position.
Corcoran discloses that the second end of the second segment comprises an engagement member for holding the device shut (see Corcoran Fig. 1C, item 112), but does not specifically disclose that the device is a hook configured to removably fasten to the first end of the first segment when the support stand is in the closed position.
Han discloses a hook configured to removably fasten to the first end of the first segment when the support stand is in the closed position (see Han Figs. 1 and 3, item 112).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of Corcoran in view of Chen with a hook like that in Han in order to enable the device to securely hold itself in the closed position, as shown in Han.
Conclusion
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/NOAM REISNER/Primary Examiner, Art Unit 2852 2/3/2026