CTNF 19/031,054 CTNF 83485 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 21, 28, 35 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by U.S. Patent Application Publication No. 2020/0358887 to Lee et al. (“Lee”) . Regarding claim 21, Lee teaches a portable electronic device comprising: a rear-facing sensor region ( see reference number 220, Figure 2B) comprising: a housing ( reference number 210, housing) member defining: a portion of a back exterior surface ( the back exterior is shown in Figure 2B) ; an assembly hole ( reference number 230 in Figure 5) ; and a raised rim portion surrounding the assembly hole and protruding from the back exterior surface, the raised rim portion at least partially defining a support ledge ( the raised rim and support ledge can be seen in any of Figures 3A, 4, 5, or 7A) ; a plurality of cameras ( Figure 2B shows two camera modules, each one labeled as reference number 231) ; a frame member coupled to the support ledge, the frame member comprising a plurality of camera openings, the plurality of camera openings configured to receive respective cameras of the plurality of cameras at least partially therein ( reference number 230) ; and a light-transmissive cover positioned over the frame member and coupled to the raised rim portion ( it is understood that a transparent cover is over the frame so the camera is not exposed to the exterior environment) . Claims 28, 35 are rejected similarly . Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 21-40 rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-15 of U.S. Patent No. 11,528,399 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter covers the same or very similar limitations. For example consider claims 21 and 22 of instant application with the ‘399 patent . 19/031054 - Claim 21 U.S. Patent No. 11,528,399 – Claim 15 A portable electronic device comprising: a rear-facing sensor region comprising: a housing member defining: a portion of a back exterior surface; an assembly hole; An electronic device comprising: …portion of a back exterior surface…sensor assembly hole and a raised rim portion surrounding the assembly hole and protruding from the back exterior surface, …a raised rim extending from the back exterior surface and at least partially surrounding the sensor assembly hole; the raised rim portion at least partially defining a support ledge; …and a support ledge a plurality of cameras; …a first camera module…a second camera module… a frame member coupled to the support ledge, …a frame member positioned at least partially in the sensor assembly hole the frame member comprising a plurality of camera openings, the plurality of camera openings configured to receive respective cameras of the plurality of cameras at least partially therein; …a frame member…a camera bracket.. a first camera…a second camera module coupled to the camera bracket and a light-transmissive cover positioned over the frame member and coupled to the raised rim portion. …a cover member positioned in the sensor assembly hole 19/031054 - Claim 22 U.S. Patent No. 11,528,399 – Claim 15 and 16 …the rear-facing sensor region further comprises: …back exterior surface of the electronic device… a depth sensor comprising: …a depth sensor module an optical emitter; …an optical emitter; and an optical sensor configured to detect light emitted by the optical emitter and reflected by an object external to the portable electronic device; ,,,an optical sensor configured to detect light emitted by the optical emitter and reflected by an object external to the electronic device and the frame member defines a depth sensor opening configured to receive at least a portion of the depth sensor. the frame member defines a depth sensor hole configured to receive at least a portion of the depth sensor module (see claim 16 of ‘399 patent) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY R HSU whose telephone number is (571)270-3012. The examiner can normally be reached 9am-5pm. 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, Lin Ye can be reached at (571)272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. AMY R. HSU Examiner Art Unit 2664 /AMY R HSU/Primary Examiner, Art Unit 2638 Application/Control Number: 19/031,054 Page 2 Art Unit: 2638 Application/Control Number: 19/031,054 Page 3 Art Unit: 2638 Application/Control Number: 19/031,054 Page 4 Art Unit: 2638 Application/Control Number: 19/031,054 Page 5 Art Unit: 2638 Application/Control Number: 19/031,054 Page 6 Art Unit: 2638 Application/Control Number: 19/031,054 Page 7 Art Unit: 2638
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