+DETAILED ACTION
I. 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 .
II. Priority
A. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 120,365(c) and/or 386(c) is acknowledged.
B. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) and of the filing of the certified copy in parent application, 18/070,454.
III. Double Patenting
A. Basis for nonstatutory double patenting
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 conflicting claims 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); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
B. Overcoming a nonstatutory double patenting rejection
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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
C. Anticipatory double patenting
Claims 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,113,919 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-9 of the ‘919 patent anticipate instant claims 1-13 as follows:
As to claim 1, the ‘919 patent recites a decoration (claim 1, line 1), comprising:
a decorative ring (claim 1, line 2);
a flexible fixing member, wherein the flexible fixing member is disposed on an outer surface of the decorative ring (claim 1, lines 3-5); and
a first fixing member disposed on a side of the flexible fixing member away from the decorative ring and connected to the flexible fixing member (claim 1, lines 9-11),
wherein the first fixing member is further connected to the outer surface of the decorative ring (claim 1, lines 12 and 13).
As to claim 2, the ‘919 patent recites the decoration according to claim 1, wherein the flexible fixing member is a flexible fixing ring, wherein the flexible fixing ring encircles the decorative ring (claim 2).
As to claim 3, the ‘919 patent recites the decoration according to claim 1, wherein the flexible fixing member is a non-annular flexible fixing member (claim 3).
As to claim 4, the ‘919 patent recites the decoration according to claim 1, wherein the first fixing member is a rigid fixing ring that encircles the decorative ring (claim 4, lines 1-3), a first gap is present between the rigid fixing ring and the decorative ring, and the flexible fixing member is disposed in the first gap (claim 4, lines 3-5).
As to claim 5, the ‘919 patent recites the decoration according to claim 4, wherein the rigid fixing ring is further connected to the outer surface of the decorative ring (claim 4, line 2 vis-à-vis claim 1, lines 12 and 13; {Claim 1 of the ‘919 patent recites that “first fixing member is further connected to the outer surface of the decorative ring,” and claim 4 of the ‘919 patent recites that “the first fixing member is a rigid fixing ring.” Therefore, a combination of claims 1 and 4 of the ‘919 patent recites that “the rigid fixing ring is further connected to the outer surface of the decorative ring” as recited in instant claim 5.}).
As to claim 6, the ‘919 patent recites the decoration according to claim 1, wherein the flexible fixing member and the first fixing member are not coplanar (claim 5).
As to claim 7, the ‘919 patent recites the decoration according to claim 1, wherein a limiting structure is provided at a joint between the flexible fixing member and the decorative ring (claim 6).
As to claim 8, the ‘919 patent recites an electronic device (claim 7, line 1), comprising:
a decoration (claim 7, line 2), comprising:
a decorative ring (claim 7, line 3);
a flexible fixing member, wherein the flexible fixing member is disposed on an outer surface of the decorative ring (claim 7, lines 4-6); and
a first fixing member disposed on a side of the flexible fixing member away from the decorative ring and connected to the flexible fixing member (claim 7, lines 11-13), wherein the first fixing member is further connected to the outer surface of the decorative ring (claim 7, lines 13-15);
a housing (claim 7, line 16); and
a target bracket (claim 7, line 17), wherein the flexible fixing member is located between
the housing and the target bracket and is connected to at least one of the housing or the target bracket (claim 7, lines 23-26).
As to claim 9, the ‘919 patent recites the electronic device according to claim 8, wherein the housing is provided with a through hole and an accommodating cavity (claim 7, lines 17 and 18), and the decorative ring is partly disposed inside the through hole and partly disposed in the accommodating cavity (claim 7, lines 19-21).
As to claim 10, the ‘919 patent recites the electronic device according to claim 9, wherein the flexible fixing member and the target bracket are both disposed in the accommodating cavity (claim 7, lines 21-23).
As to claim 11, the ‘919 patent recites the electronic device according to claim 8, wherein the flexible fixing member and the first fixing member are not coplanar (claim 8, lines 1-3).
As to claim 12, the ‘919 patent recites the electronic device according to claim 11, wherein
the target bracket is a mainboard bracket (claim 8, line 4);
the electronic device further comprises a first sealing member (claim 8, lines 5 and 6);
the flexible fixing member is connected to each of the housing and the mainboard bracket (claim 8, lines 7 and 8); and
the first fixing member is disposed in the accommodating cavity and between the housing and the mainboard bracket and is connected to the mainboard bracket (claim 8, lines 9-11), and the first sealing member is disposed in a second gap between the first fixing member and the housing (claim 8, lines 11-13).
As to claim 13, the ‘919 patent recites the electronic device according to claim 11, wherein
the target bracket is a camera bracket having a support member disposed thereon (claim 9, lines 4 and 6);
the electronic device further comprises a second sealing member (claim 9, lines 6 and 7);
the flexible fixing member is connected to each of the housing and the support member (claim 9, lines 8 and 9); and
the first fixing member is disposed in the accommodating cavity and between the housing and the camera bracket and is connected to the camera bracket (claim 9, lines 10-12), a third gap is present between the flexible fixing member, the first fixing member, and the camera bracket (claim 9, lines 12-14), and the second sealing member is disposed in the third gap and adjacent to the support member (claim 9, lines 14-16).
IV. Claim Rejections - 35 USC § 102
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.
Claims 1,2,6-11,14, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu et al. (US 2019/0239375 A1).
As to claim 1, Lu et al. teaches a decoration (Fig. 3, outer frame “250” and buffer “300”; note [0034], lines 1 and 2), comprising:
a decorative ring (Fig. 3, surrounding body “251”; note [0031], lines 1-3); and
a flexible fixing member (Fig. 3, outer ring portion “253”; note [0034], lines 3-5, “…rubber, plastic…”), wherein the flexible fixing member is disposed on an outer surface of the decorative ring (Figs. 2 and 3); and
a first fixing member (Fig. 3, buffer “300”) disposed on a side of the flexible fixing member away from the decorative ring (Fig. 3; {The “away” side can be read as down and/or to the right. Note that in Fig. 2 of the instant drawings, the first fixing member “3” is disposed on sides down and to the right of the flexible fixing member “2.”}) and connected to the flexible fixing member ([0035], last three lines; {The buffer “300” has physical connection to the outer ring portion “253” by being sandwiched between the outer ring portion and soft element “400.”}),
wherein the first fixing member is further connected to the outer surface of the decorative ring (Fig. 3; {Contrary to the examiner’s position taken in the parent application, there is indirect connection between the surrounding body “251” and buffer “300” by virtue of the buffer’s connection to the outer inner ring portion “253.” Note that Fig. 2 of the instant drawings illustrates similar indirect connection between the first fixing member “3” and the decorative ring “1.”}).
As to claim 2, Lu et al. teaches the decoration according to claim 1, wherein the flexible fixing member is a flexible fixing ring, wherein the flexible fixing ring encircles the decorative ring (Fig. 2).
As to claim 6, Lu et al. teaches the decoration according to claim 3, wherein the flexible fixing member and the first fixing member are not coplanar (Fig. 3).
As to claim 7, Lu et al. teaches the decoration according to claim 1, wherein a limiting structure is provided at a joint between the flexible fixing member and the decorative ring (Fig. 3, bonding glue “271”; {The bonding glue limits movement of the side wall relative to the outer frame “250.”}).
As to claim 8, Lu et al. teaches an electronic device (Fig. 1B, electronic device “10”), comprising:
decoration (Fig. 3, outer frame “250” and buffer “300”; note [0034], lines 1 and 2), comprising:
a decorative ring (Fig. 3, surrounding body “251”; note [0031], lines 1-3); and
a flexible fixing member (Fig. 3, outer ring portion “253”; note [0034], lines 3-5, “…rubber, plastic…”), wherein the flexible fixing member is disposed on an outer surface of the decorative ring (Figs. 2 and 3); and
a first fixing member (Fig. 3, buffer “300”) disposed on a side of the flexible fixing member away from the decorative ring (Fig. 3; {The “away” side can be read as down and/or to the right. Note that in Fig. 2 of the instant drawings, the first fixing member “3” is disposed on sides down and to the right of the flexible fixing member “2.”}) and connected to the flexible fixing member ([0035], last three lines; {The buffer “300” has physical connection to the outer ring portion “253” by being sandwiched between the outer ring portion and soft element “400.”}),
wherein the first fixing member is further connected to the outer surface of the decorative ring (Fig. 3; {Contrary to the examiner’s position taken in the parent application, there is indirect connection between the surrounding body “251” and buffer “300” by virtue of the buffer’s connection to the outer inner ring portion “253.” Note that Fig. 2 of the instant drawings illustrates similar indirect connection between the first fixing member “3” and the decorative ring “1.”}).
a housing (Fig. 3, housing “100”); and
a target bracket (Figs. 1B and 3, holder “210”), wherein the flexible fixing member is located between the housing and the target bracket (Fig. 3) and is connected to at least one of the housing (Fig. 3, bonding glue “271”; [0033], lines 1-5) or the target bracket.
As to claim 9, Lu et al. teaches the electronic device according to claim 8, wherein the housing is provided with a through hole and an accommodating cavity (Fig. 3, hole coplanar with the sidewall “110” along the horizontal direction) and an accommodating cavity (Fig. 3, accommodating space below that hole), and the decorative ring is partly disposed inside the through hole and partly disposed in the accommodating cavity (Fig. 3).
As to claim 10, Lu et al. teaches the electronic device according to claim 9, wherein the flexible fixing member and the target bracket are both disposed in the accommodating cavity (Fig. 3; {A portion of the outer ring portion “253” (claimed flexible fixing member) is in a portion of the accommodating cavity coincident with opening “120” along the optical axis.}).
As to claim 11, Lu et al. teaches the electronic device according to claim 8, wherein the flexible fixing member and the first fixing member are not coplanar (Fig. 3).
As to claim 14, Lu et al. teaches the electronic device according to claim 8, wherein the flexible fixing member is a flexible fixing ring, wherein the flexible fixing ring encircles the decorative ring (Fig. 2).
As to claim 18, Lu et al. teaches the electronic device according to claim 8, wherein a limiting structure is provided at a joint between the flexible fixing member and the decorative ring (Fig. 3, bonding glue “271”; {The bonding glue limits movement of the side wall relative to the outer frame “250.”}).
V. Allowable Subject Matter
Claims 3-5,12,13, and 15-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is the Examiner’s statement of reasons for the indication of allowable subject matter: As to claims 3,4,15, and 16, the flexible fixing member and the first fixing member as claimed have opposite features to the outer ring portion “253” and buffer “300” of Lu et al. That is, Lu’s outer ring portion is annular, and Lu’s buffer is non-annular (i.e., does not encircle the surround body “251” (decorative ring)), which opposite to the claimed features. Claims 5 and 17 are allowable because they depend on claims 4 and 16, respectively. As to claim 12 and 13, the prior art fails to disclose the positioning and connection of the flexible fixing member and the first fixing member and that the target bracket be a mainboard bracket or a camera bracket with the second and third gaps as claimed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
VI. Additional Pertinent Prior Art
See parent application, 18/070,454 for discussion of any references not cited by Applicant in the attached information disclosure statements.
VII. Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY J DANIELS whose telephone number is (571)272-7362. The examiner can normally be reached M-F 9:00 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sinh Tran can be reached on 571-272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY J DANIELS/Primary Examiner, Art Unit 2637
4/18/2026
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