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 .
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) 1-3, 5, 8-11, 13 and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bau (US 2010/0096284) which below in figures 21-23 disclose the following invention as claimed:
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In re claim 1: A composite case 212 for an electronic device 10, the composite case 212 comprising: a first component 215 comprising: two parallel sidewalls H/I; and a back wall D that is contiguous with the two sidewalls A/A, wherein the back wall D defines a mating aperture E that is more than half of the back wall D; and a second component 216 comprising: two parallel sidewalls B/B; and a mating feature F configured to interface with the mating aperture E defined by the back wall D of the first component 215 such that the back wall D of the first component 215 and the mating feature F of the second component 216 engage with one another to form an inside surface G of the composite case 212 and when the back wall D of the first component 215 and the mating feature F of the second component 216 engage with one another, a first sidewall H of the two parallel sidewalls H/I of the first component 215 and a first sidewall B of the two parallel sidewalls B/B of the second component 216 at least partially engage with each other to form a first sidewall (B/H) of the composite case 212 and a second sidewall I of the two parallel sidewalls H/I of the first component 215 and a second sidewall B of the two parallel sidewalls B/B of the second component 216 at least partially engage with each other to form a second sidewall B/I of the composite case 212 parallel to the first B/H sidewall of the composite case 212 (see figures 21-23 above of Bau).
In re claim 2: the first component 215 is comprised of a resilient material and the second component 216 is comprised of a rigid material (see [0046] of Bau).
In re claim 3: the first component 215 further comprises: a top wall A; and a bottom wall A; wherein the back wall D is contiguous with the top wall A and the bottom wall A(see figures 21-23 above of Bau).
In re claim 5: the mating feature F of the second component 216 is raised toward the electronic device 10 when the electronic device 10 is housed in an orientation with a back portion of the electronic device 10 adjacent to a portion of the inside surface G of the composite case 212 (see figures 21-23 above of Bau).
In re claim 8: the second component 216 defines a hole J filled with a resilient material K (see figures 21-23 above of Bau).
In re claim 9: A method of forming a composite case 212 for an electronic device 10, the method comprising: attaching a first component 215 to a second component 216, wherein: the first component 215 comprising: two parallel sidewalls A/A; and a back wall D that is contiguous with the two sidewalls A/A, wherein the back wall D defines a mating aperture E that is more than half of the back wall D; and the second component 216 comprising: two parallel sidewalls B/B; and a mating feature F configured to interface with the mating aperture E defined by the back wall D of the first component 215 and dimensioning both the first component 215 and the second component 216 to form the composite case 212 in which the back wall D of the first component 215 and the mating feature F of the second component 216 engage with one another to form an inside surface G of the composite case 212 and when the back wall D of the first component 215 and the mating feature F of the second component 216 engage with one another, a first sidewall H of the two parallel sidewalls H/I of the first component 215 and a first sidewall B of the two parallel sidewalls B/B of the second component 216 at least partially engage with each other to form a first sidewall (B/H) of the composite case 212 and a second sidewall I of the two parallel sidewalls H/I of the first component 215 and a second sidewall B of the two parallel sidewalls B/B of the second component 216 at least partially engage with each other to form a second sidewall B/I of the composite case 212 parallel to the first B/H sidewall of the composite case 212 (see figures 21-23 above of Bau).
In re claim 10: the first component 215 is comprised of a resilient material and the second component 216 is comprised of a rigid material (see [0046] of Bau).
In re claim 11: the first component 215 further comprises: a top wall A; and a bottom wall A; wherein the back wall D is contiguous with the top wall A and the bottom wall A (see figures 21-23 above of Bau).
In re claim 13: dimensioning both the first component 215 and the second component 216 comprises forming the mating feature F of the second component 216 is raised toward the electronic device 10 when the electronic device 10 is housed in an orientation with a back portion of the electronic device 10 adjacent to a portion of the inside surface G of the composite case 212 (see figures 21-23 above of Bau).
In re claim 16: forming a hole J in the second component 216 configured to be filled with a resilient material K (see figures 21-23 above of Bau).
In re claim 17: A composite case 212 for an electronic device10, the composite case 212 comprising: a first component 215 dimensioned to cover two side portions of the electronic device 10 and comprising a wall D defining a mating aperture E that is more than half of the wall D; and first and second parallel sidewalls H/I; and a second component 216 dimensioned to fit with the first component 215 and comprising a mating feature F configured to interface with the mating aperture E defined by the first component 215 such that the wall D of the first component 215 and the mating feature F of the second component 216 engage with one another to form an inside surface G of the composite case 212 in which the wall D of the first component 215 covers less than half of a back portion of the electronic device 10 when the electronic device 10 is housed in an orientation with the back portion of the electronic device 10 adjacent to a portion of the inside surface G of the composite case 212; and first and second parallel sidewalls B/B, wherein the first sidewall B of the second component 216 is dimensioned to engage the first sidewall H of the first component 215 to form a first sidewall B/H of the composite case 212 and the second sidewall B of the second component 216 is dimensioned to engage the second sidewall I of the first component 215 to form a second sidewall B/I of the composite case 212 (see figures 21-23 above of Bau).
In re claim 18: the mating feature F of the second component 216 comprises more than half of a wall C of the second component 216 (see figures 21-23 above of Bau).
In re claim 19: the mating feature F of the second component 216 is raised toward the electronic device 10 when the electronic device 10 is housed in the orientation with the back portion of the electronic device 10 adjacent to the portion of the inside surface G of the composite case 212 (see figures 21-23 above of Bau).
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.
Claim(s) 6-7 and 14-15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bau (US 2010/0096284). Bau discloses the claimed invention as discussed above with the exception of the following limitations
In re claim 6: at least one of the first component and the second component defines a honeycomb pattern.
In re claim 14: at least one of the first component and the second component defines a honeycomb pattern.
To modify the first component pattern and the second component pattern of Bau with a honeycomb pattern as claimed would entail a mere change in shape of each hole and yield only predictable results. "[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond that person's skill."KSR Int 'l v. Teleflex Inc., 127 S.Ct. 1740, 82 USPQ2d 1396 (2007). A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
A change in aesthetic (ornamental) design generally will not support patentability. In re Seid, 73 USPQ 431.
In re claim 7: the mating feature of the second component defines a rectangular shape with lines radiating out from at least one of at least one corner of the rectangular shape and a center portion of the rectangular shape.
In re claim 15: dimensioning both the first component and the second component comprises forming the mating feature to define a rectangular shape with lines radiating out from at least one of at least one corner of the rectangular shape and a center portion of the rectangular shape.
In re claim 20: the mating feature of the second component defines a rectangular shape with lines radiating out from at least one of at least one corner of the rectangular shape and a center portion of the rectangular shape.
To modify the shape mating feature of the second component of Bau with a rectangular shape with lines radiating out from at least one of at least one corner of the rectangular shape and a center portion of the rectangular shape.as claimed would entail a mere change in shape of each hole and yield only predictable results. "[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond that person's skill."KSR Int 'l v. Teleflex Inc., 127 S.Ct. 1740, 82 USPQ2d 1396 (2007). A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
A change in aesthetic (ornamental) design generally will not support patentability. In re Seid, 73 USPQ 431.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection is being interpreted in a different manner in which the Applicant has argued.
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 ERNESTO A GRANO whose telephone number is (571)270-3927. The examiner can normally be reached M-F 7:00-3:30 EST.
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/ERNESTO A GRANO/ Primary Examiner, Art Unit 3735