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 .
DETAILED ACTION
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 09/17/2024 has been considered by Examiner and made of record in the application file.
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.
3. Claims 1-11 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 1 recites the limitation "the stylus" in line 8. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites “two differently sized styluses”. Claim 1 also recites “for removal of the stylus from the elongate cavity”. It was unclear which stylus is “the stylus”.
Claims 2-11 are depend on claim 1. Therefore, the rejection of claims 2-11 are the same reason as set forth for claim 1 above.
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum,
686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based e Terminal Disclaimer may be filled out completely online using web-screens. An e Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e Terminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
5. Claims 1, 3-8 and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-8 and 12 of U.S. Patent No. 11,689,240. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations are transparently found in the U.S. Patent No. 11,689,240 with obvious wording variations as shown in the following table.
U.S. Patent No. 11,689,240
Application No. 18/824,324
1. A case for a tablet shaped device, the case comprising: a body having a tablet shaped device receiving area, the body further defining an elongate cavity opening and an elongate cavity at a margin of the body for securing each of two differently sized styluses individually for the tablet shaped device, the body comprising an elongate cavity wall defining the outer edge of the elongate cavity and which is outwardly bendable;
1. A case for a tablet shaped device, the case comprising: a body having a tablet shaped device receiving area, the body further defining an elongate cavity opening and an elongate cavity at a margin of the body for securing two differently sized styluses for the tablet shaped device, the body comprising an elongate cavity wall defining the outer edge of the elongate cavity and which is outwardly bendable;
and a pair of obstructing elements configured as elongate tabs extending from the elongate cavity wall into the elongate cavity opening thereby obstructing removal of one or an other of the two differently sized styluses from the elongate cavity when so received,
and a pair of obstructing elements extending from the elongate cavity wall into the elongate cavity opening thereby obstructing removal of one of the two differently sized styluses from the elongate cavity when so received,
the pair of obstructing elements being outwardly movable by outwardly bending the elongate cavity wall for removal of the one or the other of the two differently sized styluses from the elongate cavity when so received.
the pair of obstructing elements being outwardly movable by outwardly bending the elongate cavity wall for removal of the stylus from the elongate cavity.
U.S. Patent No. 11,689,240 Application No. 18/824,324
3-8 and 12. 3-8 and 11.
Consider claim 2, U.S. Patent No. 11,689,240 teaches all limitations of claims 1 except does not explicitly teaches wherein the elongate cavity wall is integral with the body.
However, Trumbo (U.S PAT. 5,180,891 teaches wherein the elongate cavity wall is integral with the body (col. 5, lines 43-59).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the claimed invention was made to use, wherein the elongate cavity wall is integral with the body, in order to improve digitizer tablet and wireless electronic stylus whereby the stylus can be stored within the tablet when not in use.
Consider claim 9, Trumbo further teaches wherein the stylus holder comprises a stylus cap receiver for receiving a cap of one of the two differently sized styluses (col. 4, lines 20-31).
Consider claim 10, Trumbo further teaches wherein the stylus cap receiver comprises a web defining a cradle configured to capture the stylus cap (col. 4, lines 20-31).
Conclusion
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan H. Nguyen whose telephone number is (571) 272-8329. The examiner can normally be reached on 8:00Am - 5:00Pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pan Yuwen can be reached on (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/TUAN H NGUYEN/Primary Examiner, Art Unit 2649
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