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 .
This is a non-final Office Action for serial number 18/827,886, Electronic Product Holder And Retaining Portion Integrated Structure, filed on September 9, 2024.
Election/Restrictions
Applicant’s election of Species 2 – Figures 3-5 in the reply filed on February 2, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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 4, and 6 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 4 recites the limitation "the side" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the retaining device" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the side" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the retaining device" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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) 1, and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 8,518,510 to Wheatley et al. (Wheatley) in view of U.S. Patent Publication No. 2010/0001151 to Wheatley et al. (Wheatley).
Wheatley ‘510 discloses an electronic product holder and retaining portion integrated structure comprising: a metal flexible member (26 -tin metal) having a retaining portion (22) and a holder (34 - top surface) integrally extending outward from the retaining portion (Figs. 4-5), and the retaining portion and the holder of the metal flexible member being fully covered by a flexible pad (10).
Wheatley ‘510 doesn’t exactly disclose wherein the pad is made of rubber. Accordingly, 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 pad of Wheatley ‘510 with a rubber, since it has been held to be within the general skill of a worker in the art to select a known material involves only routine skill in the art.
Next, Wheatley ‘510 fails to disclose an adapter being connected to one end of the holder. Nevertheless, Wheatley ‘151 discloses an adaptor (174 with ball and socket). Accordingly, 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 electronic holder of Wheatley ‘510 to add an adapter because one would have a motivation to provide to adjust the electronic device on the pad as taught by Wheatley ‘151.
Regarding claim 4, Wheatley ‘510 in view of Wheatley ‘151 discloses wherein the side of the retaining portion having the retaining device is covered with the flexible rubber.
Regarding claim 5, Wheatley ‘510 in view of Wheatley ‘151 discloses wherein an area of the retaining portion covered with the flexible rubber is greater than a bottom area of the retaining portion.
Regarding claim 6, Wheatley ‘510 in view of Wheatley ‘151 discloses wherein the side of the retaining portion having the retaining device – is covered with the flexible rubber, and an area of the retaining device, is covered with the flexible rubber and an area of the retaining device is greater than the bottom area of the retaining portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 8,501,294 – Friction Pad on Dashboard
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/TODD M EPPS/Primary Examiner, Art Unit 3632 February 20, 2026