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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The disclosure is objected to because of the following informalities:
[0010] discloses “According to the invention, the object is achieved by a case for a mobile device having the features of claim 1. Advantageous further developments are described in the subclaims”.
The claim scope of “claim 1” is changed during patent prosecution. Therefore, it is unclear what is disclose as “the features of claim 1”.
Appropriate correction is required.
Claim Objections
Claims 22, 29 are objected to because of the following informalities:
Claim 22 recites “the first frame part”.
It should be “the first substantially L-shape frame part” because it refers back to claim 1 line 4.
Claim 22 line 5 has same issue.
Claim 29 recites “the antenna cutout” in line 2.
It should be “the at least one antenna cutout” because it refers back to claim 28.
Appropriate correction is required.
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 2, 3, 8, 10, 13, 14, 15, 21, 23, 31, 36, 37 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 2 recites “the frame parts”.
It is unclear it refers back to which frame part (line 4 or line 5) in claim 1.
Claims 3, 8, 10, 13, 21, 23, 31, 36, 37 have same issue.
Claim 14 recites the limitation "the two frame elements" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 has same issue because of claim dependency.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 – 27, 30 - 38 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Froese et al. (U.S. Patent Publication 20230224393 A1, Assignee: Apple, Filed: 1/10/2022)
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Regarding claim 1, Froese discloses A case for a mobile device comprising:
a frame including: (Fig. 3, frame 304)
a first substantially L-shaped frame part (Figs. 2, 3, L-shape left side frame 304), and
a second substantially L-shaped frame part (Figs. 2, 3 L-shape right side frame 304 [0221] [0222]),
wherein the first substantially L-shaped frame part and the second substantially L-shaped frame part are designed to completely enclose side faces of the mobile device all around and to be fixedly connected to one another. (Fig. 2, 3, L-shape left side frame 304 and L-shape right side frame 304 are fixed connect to one another, Please refer to above diagram for evidentiary support. [0184] [0185] [0186] [0221] [0222])
Froese teaches each and every limitations of claim 1.
Regarding claim 2, Froese discloses wherein the frame parts of the frame are made of metal. (Froese Figs 2, 3, 4A, 4B [0221] The frame 304 may be formed of a polymer material, a metal material, [0222])
Regarding claim 3, Froese discloses wherein the frame parts of the frame are designed separately, (Froese Figs 2, 3, 4A, 4B, [0184] [0185] [0221] [0222]) and
wherein the frame parts of the frame are designed to be fixedly connected to one another at two connection points in a non-destructively separable manner. (Froese Figs 2, 3, 4A, 4B, [0184] [0185] [0221] [0222])
Regarding claim 4, Froese discloses wherein the two connection points are designed to be connected to one another in each case by means of a screw connection. (Froese Figs 2, 3, 4A, 4B, [0221] [0222] [0236] [0245] [0246] [0249] [0260])
Regarding claim 5, Froese discloses wherein the first connection point has a projection with a through-opening on the side of the first frame part, and a receptacle and a threaded bore on the side of the second frame part, which are designed so that the projection of the first frame part can be arranged within the receptacle of the second frame part and can be held fixed by means of a screw through the through-opening of the first frame part, by screwing the screw into the threaded bore of the second frame part, or vice versa, (Figs 2, 3, 4A, 4B, [0221] [0222] [0236] [0245] [0246] [0249] [0260]) and
wherein the second connection point has a projection with a through-opening on the side of the second frame part, and a receptacle and a threaded bore on the side of the first frame part, which are designed so that the projection of the second frame part can be arranged within the receptacle of the first frame part and can be held fixed by means of a screw through the through-opening of the second frame part, by screwing the screw into the threaded bore of the first frame part, or vice versa. (Figs 2, 3, 4A, 4B, [0221] [0222] [0236] [0245] [0246] [0249] [0260])
Regarding claim 6, Froese discloses wherein the two connection points are designed to be connected to one another in each case by means of a locking connection. (Figs 2, 3, 4A, 4B, [0221] [0222] [0236] [0245] [0246] [0249] [0260])
Regarding claim 7, Froese discloses wherein the first connection point has a projection with a through-opening on the side of the first frame part, and a receptacle and a spring-mounted locking element on the side of the second frame part, which are designed so that the projection of the first frame part can be arranged within the receptacle of the second frame part and can be held fixed by means of the spring-mounted locking element through the through-opening of the first frame part, by pressing the locking element by its spring element into the through-opening of the first frame part, or vice versa, (Figs 2, 3, 4A, 4B [0221] [0222] [0298] [0299] [0430] [0400]) and
wherein the second connection point has a projection with a through-opening on the side of the second frame part, and a receptacle and a spring-mounted locking element on the side of the first frame part, which are designed so that the projection of the second frame part can be arranged within the receptacle of the first frame part and can be held fixed by means of the spring-mounted locking element through the through-opening of the second frame part, by pressing the locking element by its spring element into the through-opening of the second frame part, or vice versa. (Figs 2, 3, 4A, 4B [0221] [0222] [0298] [0299] [0430] [0400])
Regarding claim 8, Froese discloses wherein the frame parts of the frame are connected to one another in an articulated manner at a first connection point by means of a hinge, (Figs 2, 3, 4A, 4B, [0221] [0222] [0153] – [0157]) and
wherein the frame parts of the frame are designed to be fixedly connected to one another in a non-destructively separable manner at a second connection point. (Figs 2, 3, 4A, 4B, [0221] [0222] [0153] – [0157])
Regarding claim 9, Froese discloses wherein the second connection point has a projection with a through-opening on the side of the first frame part, and a receptacle and a threaded bore on the side of the second frame part, which are designed so that the projection of the first frame part can be arranged within the receptacle of the second frame part and can be held fixed by means of a screw through the through-opening of the first frame part, by screwing the screw into the threaded bore of the second frame part, or vice versa. (Figs 2, 3, 4A, 4B, [0221] [0222] [0252] [0253] [0258] [0260] )
Regarding claim 10, Froese discloses wherein the frame parts of the frame have a screw receptacle arranged mirror-symmetrically to the first connection point. (Figs 2, 3, 4A, 4B, [0221] [0222] [0267] [0288] [0292] [0294])
Regarding claim 11, Froese discloses wherein the second connection point has a projection with a through-opening on the side of the first frame part, and a receptacle and a spring-mounted locking element on the side of the second frame part, which are designed so that the projection of the first frame part can be arranged within the receptacle of the second frame part and can be held fixed by means of the spring-mounted locking element through the through-opening of the first frame part, by pressing the locking element by its spring element into the through-opening of the first frame part, or vice versa. (Figs 2, 3, 4A, 4B, [0221] [0222] [0297] [0298] [0299])
Regarding claim 12, Froese discloses wherein at least one of the two frame elements of the frame comprises:
a cable cutout where the side faces of the mobile device have a cable terminal, (Figs 3, 4A, 4B, [0228])
a microphone cutout where the side faces of the mobile device have a microphone, (Figs 3, 4A, 4B, [0228] [0152] [0170] [0174]) and/or
a speaker cutout where the side faces of the mobile device have a speaker. (Figs 3, 4A, 4B, [0050] [0054] [0055])
Regarding claim 13, Froese discloses wherein the frame parts of the frame have key cutouts where the side faces of the mobile device have keys. (Figs 3, 4A, 4B, 6A, [0235] [0236] [0243] [0249])
Regarding claim 14, Froese discloses wherein at least one of the two frame elements of the frame has at least one antenna cutout where the side faces of the mobile device have an antenna. (Figs 3, 4A, 4B, 6A, [0221] [0222] [0247] [0248] [0249])
Regarding claim 15, Froese discloses wherein the antenna cutout is filled with a cutout plug made of a material transparent to electromagnetic waves. (Figs 3, 4A, 4B, 6A, [0247] [0248] [0249])
Regarding claim 16, Froese discloses further having an inner case that is designed to enclose the side faces and a rear face of the mobile device with side faces and a rear face at least substantially in a trough shape, (Figs 2, 3, 4A, 4B, [00151] [0159] [0010]) and
wherein the frame parts of the frame are designed to hold the side faces of the inner case in a force-fitting manner on the side faces of the mobile device. (Figs 2, 3, 4A, 4B, [00151] [0159] [0004] [0005] [0010])
Regarding claim 17, Froese discloses wherein the side faces of the inner case are made of a softer material than the material of the rear face of the inner case. (Figs 2, 3, 4A, 4B, [0221] [0222] [00151] [0159] [0004] [0005] [0010])
Regarding claim 18, Froese discloses further having a cover that encloses the rear face of the inner case from its rear, (Figs 2, 3, 4A, 4B, [00151] [0159] [0004] [0005] [0010])
wherein the cover is connected to the inner case in a material-locking manner. . (Figs 2, 3, 4A, 4B, [00151] [0159] [0010] [0043] [0050])
Regarding claim 19, Froese discloses wherein the cover has side faces that partially enclose the side faces of the inner case, (Figs 2, 3, 4A, 4B, [0151] [0159] [0010] [0051] – [0055])
wherein an edge of the side faces of the cover is arranged between the side faces of the inner case and the frame parts of the frame. (Figs 2, 3, 4A, 4B, [0236] [0245] [0246] [0249] [0260])
Regarding claim 20, Froese discloses wherein the side faces of the inner case facing away from the rear face have an inwardly bent edge, which is designed to grip the mobile device on its front at the edge. (Figs 2, 3, 4A, 4B, [0236] [0245] [0246] [0249] [0260])
Regarding claim 21, Froese discloses wherein the side faces of the inner case have a circumferential trough towards the outside, at least in sections, (Figs 2, 3, 4A, 4B, [0236] [0245] [0246] [0249] [0260]) and
wherein the frame parts of the frame have projections towards the inside at least in sections, which are designed to engage in the trough of the side faces of the inner case. (Figs 2, 3, 4A, 4B, [0236] [0245] [0246] [0249] [0260])
Regarding claim 22, Froese discloses wherein the side faces of the inner case in each case have a screw receptacle towards the outside where the threaded bores of the first frame part and/or the second frame part are arranged. (Froese Figs 2, 3, 4A, 4B, [0236] [0245] [0246] [0249] [0260])
Regarding claim 23, Froese discloses wherein the frame parts of the frame have key cutouts where the side faces of the mobile device have keys, (Figs 3, 4A, 4B, 6A, [0235] [0236] [0243] [0249]) and
wherein the side faces of the inner case have key elements that are designed to extend outwards through the key cutouts of the frame parts of the frame, so that pressing the key elements can be transferred to the corresponding keys of the mobile device. (Figs 3, 4A, 4B, 6A, [0235] [0236] [0243] [0249])
Regarding claim 24, Froese discloses wherein the key elements are produced separately and arranged in key cutouts of the side faces of the inner case. (Figs 3, 4A, 4B, 6A, [0235] [0236] [0243] [0249])
Regarding claim 25, Froese discloses wherein the rear face of the inner case has a Mag-Safe adapter. (Figs 3, 4A, 4B, 6A, [0235] [0229])
Regarding claim 26, Froese discloses wherein the rear face of the inner case has a camera cutout where the rear face of the mobile device has a rear camera. (Figs 1D, 3, 4A, 4B, 6A, [0174] [0175])
Regarding claim 27, Froese discloses wherein the side faces of the inner case have:
a cable cutout where the side faces of the mobile device have a cable terminal, (Figs 3, 4A, 4B, [0228])
a microphone cutout where the side faces of the mobile device have a microphone, (Figs 3, 4A, 4B, [0228] [0152] [0170] [0174]) and/or
a speaker cutout where the side faces of the mobile device have a speaker. (Figs 3, 4A, 4B, [0050] [0054] [0055])
Regarding claim 30, Froese discloses further having a cover, which is designed to enclose the rear face of the inner case from its rear, (Figs 2, 3, 4A, 4B, [00151] [0159] [0004] [0005] [0010])
wherein the cover is designed to be connected to the frame parts of the frame in a non-destructively separable manner. (Figs 2, 3, 4A, 4B, [00151] [0159] [0010] [0043] [0050])
Regarding claim 31, Froese discloses wherein the frame parts of the frame are made of metal, (Froese Figs 2, 3, 4A, 4B [0236] [0245] [0246] [0249] [0260]) and
wherein an edge of the cover is designed to be at least partially magnetic. (Figs 3, 4A, 4B, 6A, [0235] [0229])
Regarding claim 32, Froese discloses wherein the cover has a camera cutout where the rear face of the mobile device has a rear camera. (Figs 3, 4A, 4B, 6A, [0174] [0175] [0176])
Regarding claim 33, Froese discloses further having a camera cover, which is designed to be arranged around a rear camera of the rear face of the mobile device,
wherein the camera cover has at least one camera cutout where the rear face of the mobile device has the rear camera. (Figs 3, 4A, 4B, 6A, [0174] [0175] [0176])
Regarding claim 34, Froese discloses wherein the cover is designed to hold the camera cover in a form-fitting manner on the rear face of the mobile device by means of the camera cutout. (Figs 3, 4A, 4B, 6A, [0174] [0175] [0176])
Regarding claim 35, Froese discloses wherein the camera cover is designed to be held in a material-locking manner on the rear face of the mobile device. (Figs 3, 4A, 4B, 6A, [0174] [0175] [0176])
Regarding claim 36, Froese discloses wherein the frame parts of the frame have an elastic lining on the inside. (Figs 3, 4A, 4B, 6A, [0258] [0210] [0211] [0213])
Regarding claim 37, Froese discloses wherein the frame parts of the frame have an inwardly bent edge on both sides, which is designed to grip the mobile device on its rear and on its front at the edge. (Figs 3, 4A, 4B, 6A, [0174] [0175] [0176] [0258] [0210] [0211] [0213])
Regarding claim 38, Froese discloses wherein the cover has a Mag-Safe adapter. (Figs 3, 4A, 4B, 6A, [0235] [0229])
Alternately, claim(s) 1 – 4 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Hisada et al. (US 8625305 B2)
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Regarding claim 1, Hisada discloses A case for a mobile device comprising:
a frame including: (Fig. 3, 15)
a first substantially L-shaped frame part (Figs. 3, 4, 8, 9, L-shape left side frame 15), and
a second substantially L-shaped frame part (Figs. 3, 4, 8, 9, L-shape right side frame 15),
wherein the first substantially L-shaped frame part and the second substantially L-shaped frame part are designed to completely enclose side faces of the mobile device all around and to be fixedly connected to one another. (Figs. 3, 4, 8, 9, L-shape left side frame 15 and L-shape right side frame 15 are fixed connect to one another, Please refer to above diagram for evidentiary support. Col 5:32 – 64, Col.5:16 – col. 5: 64, Col.7:26 – col. 8: 24)
Hisada teaches each and every limitation of claim 1.
Regarding claim 2, Hisada discloses wherein the frame parts of the frame are made of metal. (Hisada Figs. 3, 4, 8, 9, col 5:32 – 64)
Regarding claim 3, Hisada discloses wherein the frame parts of the frame are designed separately, (Hisada Figs. 3, 4, 8, 9, col 5:32 – 64) and
wherein the frame parts of the frame are designed to be fixedly connected to one another at two connection points in a non-destructively separable manner. (Hisada Figs. 3, 4, 8, 9, col 5:32 – 64)
Regarding claim 4, Hisada discloses wherein the two connection points are designed to be connected to one another in each case by means of a screw connection. (Hisada Figs. 3, 4, 8, 9, col 5:32 – 64)
Alternately, Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Magdeburg et al. (DE 20 2016 008 109 U1)
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Regarding claim 1, Magdeburg discloses A case for a mobile device (Fig. 3, 1) comprising:
a frame including: (Fig. 3, 3)
a first substantially L-shaped frame part (Fig. 3, left side combine frame 3a, 3f), and
a second substantially L-shaped frame part (Fig. 3, right side combine frame 3a, 3f),
wherein the first substantially L-shaped frame part and the second substantially L-shaped frame part are designed to completely enclose side faces of the mobile device all around and to be fixedly connected to one another. (Fig. 3, frame 3a, 3f are fixed connect to one another, Please refer to above diagram for evidentiary support.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 28, 29 are rejected under 35 U.S.C. 103 as being unpatentable over Froese et al. (U.S. Patent Publication 20230224393 A1, Assignee: Apple, Filed: 1/10/2022) in view of Dalmia et al. (U.S. Patent Publication 20190372198 A1).
Regarding claim 28, Froese does not disclose wherein the side faces of the inner case have at least one antenna cutout where the side faces of the mobile device have an antenna.
Dalmia discloses wherein the side faces of the inner case have at least one antenna cutout where the side faces of the mobile device have an antenna. ([0066] an antenna board 102 may include cutouts that may be used to secure the antenna board 102 to a chassis 178. For example, FIG. 25 is a top view of an example antenna board 102 including two cutouts 154 at either longitudinal end of the antenna board 102. The antenna board 102 of FIG. 25 may be part of an antenna module 100, but only the antenna board 102 is depicted in FIG. 25 for ease of illustration. FIG. 26 is a side, cross-sectional view of the antenna board 102 of FIG. 25 coupled to an antenna board fixture 164, in accordance with various [0069] [0070])
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate cutout by Dalmia into device of Froese. The suggestion/motivation would have been to secure the antenna board. (Dalmia: [0066])
Regarding claim 29, Froese and Dalmia disclose wherein the antenna cutout of the side faces of the inner case is arranged congruently with the antenna cutout of the frame elements of the frame. (Dalmia [0066] [0069] [0070])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20100203931 A1 discloses mobile phone cover on abstract.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN-NAN LIN whose telephone number is (571)272-5646. The examiner can normally be reached Monday - Thursday 7:30am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin C Lee can be reached at 571-2722963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUN-NAN LIN/Primary Examiner, Art Unit 2629
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