DETAILED ACTION
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 33-34 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.
Claim 33 recites the limitation "the second member defines an opening; and the first member is positioned over the opening" in lines 2-3 of the claim. It is unclear to the examiner how the first member can be positioned over the second member when the second member is on an interior of the first member. Appropriate clarification or correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the "second member defines an opening; and the first member is positioned over the opening" must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 pre-AIA 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 –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claim(s) 21-32, 35-38, and 40 is/are rejected under 35 U.S.C. 102(e) as being anticipated by Prest (2012/0069517).
Regarding Claim 21: Prest teaches a portable electronic device comprising: electronic device components (70a, 70b); a display (104); and a housing (550, 600) at least partially surrounding the electronic device components and the display (figs. 1-2, 9, 13-15) and comprising: a first glass structure (620) positioned over the display (figs. 1-2, 9, 13-15) and defining at least a portion of a front surface of the portable electronic device (figs. 1-2, 9, 13-15); and a second glass structure (610, 630) defining at least a portion of a rear surface of the portable electronic device (figs. 1-2, 9, 13-15), the second glass structure comprising: a first member (630) formed from a first glass material (figs. 1-2, 9, 13-15); and a second member (610) formed from a second glass material (figs. 1-2, 9, 13-15) fused to a periphery of the first glass material (paragraph [0088]), the first member and the second member defining an internal recess (figs. 1-2, 9, 13-15) in which at least a portion of the electronic device components are positioned (figs. 1-2, 9, 13-15).
Regarding Claim 22: Prest teaches the first and the second member together define a curved interior surface at a periphery of the internal recess (figs. 10-13); the electronic device components include an optical component (paragraph [0058]); and at least a portion of the optical component is positioned within the internal recess (fig. 1).
Regarding Claim 23: Prest teaches the display is a touchscreen display (paragraph [0072]).
Regarding Claim 24: Prest teaches the second glass structure defines an entirety of the rear surface of the portable electronic device (figs. 1-2, 9, 13-15).
Regarding Claim 25: Prest teaches the housing further comprises an intermediate structure (64) positioned between and coupled to the first and the second glass structures (fig. 5a).
Regarding Claim 26: Prest teaches the intermediate structure is formed from a metal material (paragraph [0052]).
Regarding Claim 27: Prest teaches the first glass material is different from the second glass material (figs. 1-2, 9, 13-15).
Regarding Claim 28: Prest teaches an electronic device comprising: a display (104); a housing (550, 600) comprising: a first housing structure (620) positioned over the display (figs. 1-2, 9, 13-15); and a second housing structure (610, 630) comprising: a first member (630) formed from a first glass material (figs. 1-2, 9, 13-15); and a second member (610) fused to an interior surface of the first member and formed from a second glass material (paragraph [0088]), the first member and the second member defining an internal recess (figs. 1-2, 9, 13-15); and an optical component (70a, 70b) positioned at least partly within the internal recess (figs. 1-2, 9, 13-15).
Regarding Claim 29: Prest teaches the first housing structure defines a front surface of the housing (figs. 1-2, 9, 13-15); the second housing structure defines a rear surface of the housing (figs. 1-2, 9, 13-15); the second member defines curved internal surface (figs. 10-13); and the curved internal surface partly defines a periphery of the internal recess (figs. 10-13).
Regarding Claim 30: Prest teaches the curved internal surface is at least partially coated with an opaque coating (128).
Regarding Claim 31: Prest teaches the electronic device is a portable phone (paragraph [0070]); and the display is a touchscreen display (paragraph [0072]).
Regarding Claim 32: Prest teaches the first housing structure is formed from a third glass material (620).
Regarding Claim 35: Prest teaches an electronic device comprising: a housing (550, 600) defining an interior volume of the electronic device (figs. 1-2, 9, 13-15), the housing comprising: a first housing structure (620) defining a first surface of the housing (figs. 1-2, 9, 13-15); and a second housing structure (630, 610) defining a second surface of the housing that is opposite the first surface (figs. 1-2, 9, 13-15), the second housing structure comprising: a first member (630) formed from a first glass material (figs. 1-2, 9, 13-15); and a second member (610) fused to a periphery of the first member and formed from a second glass material (paragraph [0088]), the first and the second members configured to define a recess (figs. 1-2, 9, 13-15); and device components (70a, 70b) positioned within the interior volume (figs. 1-2, 9, 13-15), at least one of the device components extending into the recess (figs. 1-2, 9, 13-15).
Regarding Claim 36: Prest teaches the device components include an optical component (paragraph [0058]); and the optical component extends into the recess (figs. 1-2, 9, 13-15).
Regarding Claim 37: Prest teaches the first surface of the housing defines a front surface of the electronic device (figs. 1-2, 9, 13-15); and the second surface of the housing defines a rear surface of the electronic device (figs. 1-2, 9, 13-15).
Regarding Claim 38: Prest teaches the device components further include a touch screen display (paragraph [0072]); and the first housing structure is positioned over the touch screen display. (figs. 1-2, 9, 13-15)
Regarding Claim 40: Prest teaches the second housing structure defines: a first thickness over the optical component (figs. 1-2, 9, 13-15); and a second thickness, greater than the first thickness, at a fusion joint between the first and the second members (figs. 1-2, 9, 13-15).
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) 33-34 and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Prest (2012/0069517) as applied to the claims above, and further in view of Mathew (2010/0315570).
Regarding Claim 33: Prest lacks a specific teaching of the second member defines an opening; and the first member is positioned over the opening.
Mathew teaches the second member (fig. 8) defines an opening (100); and the first member is positioned over the opening (fig. 8).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the apparatus of Prest by having the second member defines an opening; and the first member is positioned over the opening as disclosed by Mathew in order to allow for internal access to the apparatus without having to take apart the whole casing as well as allowing for the addition of more peripheral components to the device such as speakers which creates a more versatile and appealing device to the user.
Regarding Claim 34: Prest teaches the first member defines a sheet (figs. 1-2, 9, 13-15).
Regarding Claim 39: Prest lacks a specific teaching of the first housing structure defines a receiver hole; and the device components further include a speaker positioned below the receiver hole.
Mathew teaches the first housing structure (fig. 8) defines a receiver hole (100); and the device components (102) further include a speaker (paragraph [0056]) positioned below the receiver hole (fig. 8).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the apparatus of Prest by having the first housing structure defines a receiver hole; and the device components further include a speaker positioned below the receiver hole as disclosed by Mathew in order to allow for internal access to the apparatus without having to take apart the whole casing as well as allowing for the addition of more peripheral components to the device such as speakers which creates a more versatile and appealing device to the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY MICHAEL HAUGHTON whose telephone number is (571)272-9087. The examiner can normally be reached M-F 9a-5p.
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/ANTHONY M HAUGHTON/Primary Examiner, Art Unit 2841