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 .
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).
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.
Claims 20 – 46 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 25 of U.S. Patent No. 12,145,052. Although the claims at issue are not identical, they are not patentably distinct from each other because the application and the parent both claim a game controller for a mobile device, the game controller comprising: a first handle comprising: a first guide portion comprising a first main surface and a first support surface, wherein the first support surface is configured to contact and support a mobile device above the first main surface of the first guide portion; and a user-accessible, first hardware interface; a first electronic circuit within the first handle, the first electronic circuit coupled to the first hardware interface; a second handle comprising: a second guide portion comprising a second main surface and a second support surface, wherein the second support surface is configured to contact and support the mobile device above the second main surface of the second guide portion; and a user-accessible, second hardware interface; a second electronic circuit within the second handle, the second electronic circuit coupled to the second hardware interface; a bridge coupling the first handle to the second handle; a cable configured to conduct an electrical signal between the first handle and the second handle; and an electronic controller in the second handle, the electronic controller configured to receive an electrical signal from the second electronic circuit within the second handle and to receive an electrical signal from the first electronic circuit within the first handle via the cable. Therefore, the subject matter claimed in the instant application is not patentably distinct from the parent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kong et al. (US Pub. No. 2021/0308566 A1) discloses a handheld device, a dock for a handheld device, and to corresponding methods and systems. The handheld device comprises a main unit comprising a display of the handheld device. The handheld device comprises two input controllers being non-removably attached to the main unit via an extension mechanism. The extension mechanism is configured such, that the two input controllers are movable from a retracted configuration to an extended configuration.
Mao (US Pub. No. 2020/0353351 A1) discloses a portable micro controller for interacting with video games executed on a mobile device such as a smartphone or tablet computer is disclosed. The portable micro controller includes a plurality of interface elements common to video game controllers. The interface elements are ergonomically located on multiple surfaces of a controller housing. The controller housing further includes a retractable support arm for securing a video game device to the controller.
Gonzalez et al. (US Pub. No. 2019/0379231 A1) discloses an inductive charging device can take the form of a game controller that is communicably coupled to a mobile device having a power source and has a retracted configuration and an extended configuration. The game controller can include a first control portion having one or more game controller inputs, a second control portion have one or more game controller inputs, and a charging unit coupleable to the first control portion and the second control portion. The charging unit can have a region that is sized and shaped to receive the mobile device, and an inductive charging apparatus, the inductive charging apparatus can be operable to selectively inductively charge the power source of the mobile device when the mobile device is received in the region.
Fang et al. (US Pub. No. 2019/0358534 A1) discloses a game machine includes a main body, two gamepads, two sliding bases, a driving assembly, a switching assembly. The main body has an internal space and two openings communicated with the internal space. The two gamepads are disposed at two opposite sides and respectively corresponding to the two openings. The two sliding bases are located at the internal space and respectively connects to the two gamepads. The driving assembly is connected to the two sliding bases. The switching assembly is disposed at the main body, and is adapted to switch to a coupling state for fastened with the two sliding bases or a decoupling state for separated from the two sliding bases.
Guo (US Pub. No. 2018/0133594 A1) discloses a clamping type game operating handle. The clamping type game operating handle comprises a left handgrip, a right handgrip and a bearing balance seat, the right handgrip and the left handgrip are mutually complementary in structure; and the left handgrip utilizing the front tension spring and the right handgrip utilizing the back tension spring perform telescopic movement in the left-right direction corresponding to the bearing balance seat. According to the clamping type game operating handle, a user can stably fix an electronic device by gripping the handgrips, thereby preventing palms or fingers from excessively occupying a limited screen space of the electronic device, not only ensuring the experience effect of a game, but also fully releasing the palms or the fingers.
Kessler et al. (US Pub. No. 2015/0281422 A1) discloses a game pad comprising left and right handle housings adapted to be gripped by a user. The left and right handle housings are interconnected in such a manner as to enable them to be moved apart a sufficient amount to define therebetween a central space for receiving and gripping a handheld information processing device such as a smart phone or the like in a lengthwise orientation. The game pad contains control circuitry and a communications module whereby the game pad can generate control signals and communicate these via a short range wireless protocol to the smart phone in order to exert some control over a game or other application running on the smart phone. The arrangement of the left and right handle housings on either side of the centrally defined space provides an ergonomically efficient and balanced apparatus for holding the smart phone in a user friendly orientation and is such that a user can manipulate movement of the smart phone as required where the application running on the smart phone is utilizing motion sensors or the like of the smart phone to create additional control inputs for the application being executed.
Falc et al. (US Pub. No. 2015/0273325 A1) discloses an adaptable handle arranged to receive a tactile tablet includes two side portions, a width setting unit arranged to adjust a width between the two side holding portions and to allow the handle to receive one of at least two tactile tablets of different sizes. The width setting unit includes a first adjustment unit arranged to enable a first width setting of the two side portions by successive incremental values of width, and a second adjustment unit arranged between the two side portions and in series with the first adjustment unit, to enable a second additional width setting of the two side portions in a continuous range of values, and an elastic return unit.
Willis (US Pub. No. 2014/0274394 A1) discloses a gaming cradle for connection to a tablet computer. The gaming cradle includes an extendable framework securing a right-hand handle and a left-hand handle to a tablet computer. In use the tablet computer is captured by the framework and rigidly coupled to both the right-hand and left-hand handles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKIT B DOSHI whose telephone number is (571)270-7863. The examiner can normally be reached Mon - Fri. ~9 - ~5:30.
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, Dmitry Suhol can be reached at 571-272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANKIT B. DOSHI
Primary Examiner
Art Unit 3715
Prosecution Insights