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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11601580. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of current application are merely a broader version of the patented claims, see the comparison table below.
Application 19230250
U.S. Patent No. 11,601,580
261. An integrated computational interface device, comprising: a housing having a key region and a non-key region; a keyboard associated with the key region of the housing; a foldable protective cover wherein the protective cover is configured to be manipulated into a plurality of folding configurations, wherein: in a first folding configuration, the protective cover is configured to encase the key region and at least a portion of the non-key region; and in a second folding configuration, the protective cover is configured to stand; and a holder being configured for selective engagement with and disengagement from a wearable extended reality appliance, such that when the wearable extended reality appliance is selectively engaged with the holder, the wearable extended reality appliance is connected to and transportable with the keyboard.
275. A case for an integrated computational interface device, comprising: a foldable protective cover, wherein the protective cover is configured to be manipulated into a plurality of folding configurations, wherein: in a first folding configuration, the protective cover is configured to encase a housing of the integrated computational interface device having a key region and a non-key region; in a second folding configuration, the protective cover is configured to stand; the protective cover includes flexible sections that enable folding the protective cover along a plurality of predefined folding lines; and at least some of the folding lines are non-parallel to each other and the flexible sections enable folding the protective cover to form a three-dimensional shape that includes a compartment for selectively enclosing a wearable extended reality appliance.
276. A case for an integrated computational interface device, comprising: a foldable protective cover, wherein the protective cover is configured to be manipulated into a plurality of folding configurations, wherein: in a first folding configuration, the protective cover is configured to encase a housing of the integrated computational interface device having a key region and a non-key region; in a second folding configuration, the protective cover is configured to stand; and the protective cover includes a three-dimensional shape that includes a compartment for selectively enclosing a wearable extended reality appliance.
1. An integrated computational interface device, comprising: a housing having a key region and a non-key region; a keyboard associated with the key region of the housing; at least one image sensor; a foldable protective cover incorporating the at least one image sensor wherein the protective cover is configured to be manipulated into a plurality of folding configurations, wherein: in a first folding configuration, the protective cover is configured to encase the key region and at least a portion of the non-key region; and in a second folding configuration, the protective cover is configured to stand in a manner that causes an optical axis of the at least one image sensor to generally face a user of the integrated computational interface device while the user types on the keyboard; and a holder in the non-key region of the housing, the holder being configured for selective engagement with and disengagement from a wearable extended reality appliance, such that when the wearable extended reality appliance is selectively engaged with the housing via the holder, the wearable extended reality appliance is connected to and transportable with the keyboard.
19. A case for an integrated computational interface device, comprising: at least one image sensor; and a foldable protective cover incorporating the at least one image sensor, wherein the protective cover is configured to be manipulated into a plurality of folding configurations, wherein: in a first folding configuration, the protective cover is configured to encase a housing of the integrated computational interface device having a key region and a non-key region; in a second folding configuration, the protective cover is configured to stand in a manner that causes an optical axis of the at least one image sensor to generally face a user of the integrated computational interface device while the user types on a keyboard associated with the key region; the protective cover includes flexible sections that enable folding the protective cover along a plurality of predefined folding lines; and at least some of the folding lines are non-parallel to each other and the flexible sections enable folding the protective cover to form a three-dimensional shape that includes a compartment for selectively enclosing a wearable extended reality appliance.
20. An integrated computational interface device, comprising: a housing having a key region and a non-key region; a keyboard associated with the key region of the housing; at least one image sensor; and a foldable protective cover incorporating the at least one image sensor wherein the protective cover is configured to be manipulated into a plurality of folding configurations, wherein: in a first folding configuration, the protective cover is configured to encase the key region and at least a portion of the non-key region; in a second folding configuration, the protective cover is configured to stand in a manner that causes an optical axis of the at least one image sensor to generally face a user of the integrated computational interface device while the user types on the keyboard; the protective cover includes flexible sections that enable folding the protective cover along a plurality of predefined folding lines; and at least some of the folding lines are non-parallel to each other and the flexible sections enable folding the protective cover to form a three-dimensional shape that includes a compartment for selectively enclosing a wearable extended reality appliance.
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.
Claims 261-270, 273-274, and 276-280 are rejected under 35 U.S.C. 103 as being unpatentable over Chien (US 20140071654) in the view of Yasukawa (US 20020126066).
Regarding claim 261: Chien teaches an integrated computational interface device (Fig. 1 and paragraph [0049] #100), comprising: a housing having a key region and a non-key region; a keyboard associated with the key region of the housing (Figs. 1, 5-6, 20A-B, and paragraph [0049, 0057, 0112-0113] teach a housing having a key region and a non-key region, a keyboard 120 associated with the key region of the housing); a foldable protective cover wherein the protective cover is configured to be manipulated into a plurality of folding configurations, wherein: in a first folding configuration, the protective cover is configured to encase the key region and at least a portion of the non-key region; and in a second folding configuration, the protective cover is configured to stand (Figs. 1, 4-6, 20A-B, 27-32 and paragraph [0049, 0057, 0112-0113] teach a foldable protective cover as shown in Fig. 4 wherein the top portion of the protective cover can be manipulated into a plurality of folding configurations, including a first and second configuration as claimed); and a holder being configured for selective engagement with and disengagement from an appliance, such that when the appliance is selectively engaged with the holder, the appliance is connected to and transportable with the keyboard (Figs. 1, 6, 20A-B, 27-32 and paragraph [0049, 0057, 0112-0113, 0155-0163] teach a holder such as 650 configured for selective engagement with an disengagement from an appliance or tablet computer 2710, such that when the appliance is selectively engaged with the holder, the appliance is connected to and transportable with the keyboard).
Chien does not explicitly disclose the appliance is a wearable extended reality appliance.
However, Yasukawa teaches the appliance is a wearable extended reality appliance (Fig. 2, 43 and paragraph [0119-0120, 0206-0209] teach a wearable extended reality appliance 2 and a protective case 83 with space to store the wearable extended reality appliance along with the keyboard in closed or an open configuration). It would have been obvious for a person skilled in the art, before the effective filing date of the invention to modify Chien’s invention by including above teachings of Yasukawa, because utilizing a wearable extended reality appliance instead of tablet display allows user to see the display images in much larger size while improving the user experience, as taught by Yasukawa. The rationale would have been to use a known method or technique to achieve predictable results.
Regarding claim 262: Combination of Chien and Yasukawa teach wherein the protective cover has a quadrilateral shape with one side connected to the housing (Chien Figs. 1, 4-6, 20A-B, 27-32 and paragraph [0049, 0057, 0112-0113] teach a foldable protective cover has a quadrilateral shape with a continuous connection with the housing. Further, Yasukawa in Fig. 43 and paragraph [0119-0120, 0206-0209] teach the protective cover 83 has a quadrilateral shape with one side connected to the housing). See claim 261 rejection for combination reasoning of Chien and Yasukawa, same rationale applies here.
Regarding claims 263-264: Chien teaches wherein in the second folding configuration, when the housing rests on a surface, a sector of the protective cover opposing the side of the quadrilateral shape connected to the housing is also configured to rest on the surface; and wherein an area of the sector of the protective cover configured to rest on the surface in the second folding configuration is at least 10% of an overall area of the protective cover (Figs. 1, 6, 20A-B, 27-32 and paragraph [0049, 0057, 0112-0113, 0155-0163] specifically fig. 1 shows the claimed configuration where the protective cover configured to rest on the surface with at least 10% of the area resting on the surface, and further other configuration are also shown).
Regarding claim 265: Combination of Chien and Yasukawa teach further comprising a wire port in the housing located at a front side of the integrated computational interface device opposite the first side of the protective cover, the wire port being configured for receiving a wire extending from a wearable extended reality appliance (Yasukawa in Figs. 21, 43 and paragraph [0115-0120, 0165, 0206-0209]). It would have been obvious for a person skilled in the art, before the effective filing date of the invention to modify Chien’s invention by including above teachings of Yasukawa, because utilizing a utilizing a wired connection between two devices can help maintain a secure and stable connection, as taught by Yasukawa. The rationale would have been to use a known method or technique to achieve predictable results.
Regarding claims 266-267: Chien teaches wherein electronics are sandwiched between a first external layer of the protective cover and a second external layer of the protective cover; and wherein each of the first external layer and the second external layer is made from a single continuous material and wherein the electronics are located on an intermediate layer made from a plurality of separated elements (Figs. 4-7 and paragraph [0054-0062] teach electronics on 600 are sandwiched between a first external layer 400 and a second external layer 200 of the protective cover, and each layer is made from a single continuous material and the various electronics are located on an intermediate layer 600 from a plurality of separated elements such as 630, 640).
Regarding claims 268-269: Chien teaches wherein the first external layer and the second external layer are made from a first material and the intermediate layer includes a second material that differs from the first material; and wherein the first material is more rigid than the second material (Figs. 4-7 and paragraph [0054-0062] teach the first external layer 400 and a second external layer are made from a different materials, the first external layer 400 being made out of first material including metal or plastic and the intermediate layer comprising electronics includes a second material such as PCB and other components that differs from the first material such as plastic or metal which is more rigid than the PCB. Further, it is also taught that the first layer 400 can have a fabric 405 same as the second external layer 200. It would have been obvious for a person skilled in the art, before the effective filing date of the invention to utilize same first material for both first and second layers to ease the production, while achieving the similar results).
Regarding claim 270: Chien teaches wherein the protective cover includes flexible sections that enable folding the protective cover along a plurality of predefined folding lines (Figs. 4, 27-32 and paragraph [0054-0062, 0155-0163] teach the protective cover includes flexible sections such as 450 that enable folding the cover along a plurality of folding lines).
Regarding claim 273: Combination of Chien and Yasukawa teach wherein the first folding configuration is associated with two encasing modes, wherein: in a first encasing mode, when the wearable extended reality appliance is engaged with the housing via the holder, the protective cover overlies the wearable extended reality appliance and the keyboard; and in a second encasing mode, when the wearable extended reality appliance is disengaged from the housing, the protective cover overlies the keyboard (Chien in Figs. 1, 4-6, 20A-B, 27-32 and paragraph [0049, 0057, 0112-0113] teach the appliance can be engaged or disengaged with the holder such as 650 and protective cover can overlies the appliance and keyboard. Yasukawa in Fig. 2, 43 and paragraph [0119-0120, 0206-0209] also teach the same and the wearable extended reality appliance as explained in claim 261 rejection). See claim 261 rejection for combination reasoning of Chien and Yasukawa, same rationale applies here.
Regarding claim 274: Combination of Chien and Yasukawa teach wherein the protective cover includes a notch configured to hold the wearable extended reality appliance in the first folding configuration when the wearable extended reality appliance is selectively engaged with the housing (Chien in Figs. 1, 4-6, 20A-B, 27-32 and paragraph [0049, 0057, 0112-0113] teach the protective cover includes openings or a notches or cutouts configured to hold the appliance engaged with the housing, see figs. 6, 29a. Also, Yasukawa in Fig. 2, 43 and paragraph [0119-0120, 0206-0209] also teach the opening or notch 86 and the wearable extended reality appliance as explained in claim 261 rejection). See claim 261 rejection for combination reasoning of Chien and Yasukawa, same rationale applies here.
Regarding claim 276: Chien teaches a case for an integrated computational interface device (Fig. 1 and paragraph [0049] #100), comprising: a foldable protective cover, wherein the protective cover is configured to be manipulated into a plurality of folding configurations, wherein: in a first folding configuration, the protective cover is configured to encase a housing of the integrated computational interface device having a key region and a non-key region; in a second folding configuration, the protective cover is configured to stand (Figs. 1, 4-6, 20A-B, 27-32 and paragraph [0049, 0057, 0112-0113] teach a foldable protective cover as shown in Fig. 4 wherein the top portion of the protective cover can be manipulated into a plurality of folding configurations, including a first and second configuration as claimed, and a housing having a key region and a non-key region, a keyboard 120 associated with the key region of the housing).
Chien do not explicitly disclose the protective cover includes a three-dimensional shape that includes a compartment for selectively enclosing a wearable extended reality appliance.
However, Yasukawa teaches disclose the protective cover includes a three-dimensional shape that includes a compartment for selectively enclosing a wearable extended reality appliance (Fig. 2, 43 and paragraph [0119-0120, 0206-0209] teach a wearable extended reality appliance 2 and a protective case 83 with a three-dimensional shape 86 that includes a compartment for selectively enclosing the wearable extended reality appliance along with the keyboard in closed or an open configuration). It would have been obvious for a person skilled in the art, before the effective filing date of the invention to modify Chien’s invention by including above teachings of Yasukawa, because utilizing a wearable extended reality appliance instead of tablet display allows user to see the display images in much larger size while improving the user experience and three dimensional compartment allows the user to safely store the wearable device, as taught by Yasukawa. The rationale would have been to use a known method or technique to achieve predictable results.
Regarding claims 277-279: Combination of Chien and Yasukawa teach wherein the holder rests entirely above a surface of the housing, wherein the holder is a depression that extends below a surface; and wherein the holder is configured to enable at least one of snap-fit, force-fit, or pressure-fit of the wearable extended reality appliance into at least a portion of the holder (Chien Figs. 1, 6, 20A-B, 27-32 and paragraph [0049, 0057, 0112-0113, 0155-0163] teach a holder such as 650 configured for selective engagement with an disengagement from an appliance or tablet computer 2710 via snap or force fitting the appliance in the holder. Further, Yasukawa in Fig. 2, 43 and paragraph [0119-0120, 0206-0209] teach the holder 86 is a depression that extends below a surface to fit the wearable extended reality appliance as claimed). See claim 261 rejection for combination reasoning of Chien and Yasukawa, same rationale applies here.
Regarding claims 280: Combination of Chien and Yasukawa teach wherein the holder includes a compartment for selectively enclosing at least a portion of the wearable extended reality appliance when the wearable extended reality appliance is selectively engaged with the holder (Chien Figs. 1, 6, 20A-B, 27-32 and paragraph [0049, 0057, 0112-0113, 0155-0163] teach a holder such as 650 configured for selective engagement with an disengagement from an appliance or tablet computer 2710. Further, Yasukawa in Fig. 2, 43 and paragraph [0119-0120, 0206-0209] teach the holder 86 is a compartment for selectively enclosing at least a portion of the wearable extended reality appliance as claimed). See claim 261 rejection for combination reasoning of Chien and Yasukawa, same rationale applies here.
Claims 271-272 and 275 are rejected under 35 U.S.C. 103 as being unpatentable over Chien (US 20140071654), in the view of Yasukawa (US 20020126066), and further in the view of Jiang (US 20150183550).
Regarding claims 271-272: Combination of Chien and Yasukawa teach the protective cover to form a three-dimensional shape that includes a compartment for selectively enclosing a wearable extended reality appliance (Yasukawa in Fig. 2, 43 and paragraph [0119-0120, 0206-0209] teach the protective cover 83 including a three-dimensional shape 86 that includes a compartment for selectively enclosing a wearable extended reality appliance). See claim 261 rejection for combination reasoning of Chien and Yasukawa, same rationale applies here.
Combination of Chien and Yasukawa do not explicitly disclose wherein at least some of the folding lines are non-parallel to each other and the flexible sections enable folding the protective cover to form a three-dimensional shape; and wherein the plurality of predefined folding lines includes at least two traversing folding lines and at least two non-traversing folding lines.
However, Jiang teaches wherein at least some of the folding lines are non-parallel to each other and the flexible sections enable folding the protective cover to form a three-dimensional shape that includes a compartment; and wherein the plurality of predefined folding lines includes at least two traversing folding lines and at least two non-traversing folding lines (Figs. 1-3 and paragraph [0014-0021] teach wherein at least of the folding lines 202 as claimed and the flexible sections enable folding the protective cover to form a three-dimensional shape as shown in Fig. 3 that forms a compartment or hollow 3D opening). It would have been obvious for a person skilled in the art, before the effective filing date of the invention to modify combination of Chien and Yasukawa, by including above teachings of Jiang, because utilizing such structure of the protective cover is very well-known and widely used in the art because it allows the protective covers to mold into various shapes, as shown by Jiang. The rationale would have been to use a known method or technique to achieve predictable results.
Regarding claim 275: Chien teaches a case for an integrated computational interface device (Fig. 1 and paragraph [0049] #100), comprising: a foldable protective cover, wherein the protective cover is configured to be manipulated into a plurality of folding configurations, wherein: in a first folding configuration, the protective cover is configured to encase a housing of the integrated computational interface device having a key region and a non-key region; in a second folding configuration, the protective cover is configured to stand (Figs. 1, 4-6, 20A-B, 27-32 and paragraph [0049, 0057, 0112-0113] teach a foldable protective cover as shown in Fig. 4 wherein the top portion of the protective cover can be manipulated into a plurality of folding configurations, including a first and second configuration as claimed, and a housing having a key region and a non-key region, a keyboard 120 associated with the key region of the housing); the protective cover includes flexible sections that enable folding the protective cover along a plurality of predefined folding lines (Figs. 4, 27-32 and paragraph [0054-0062, 0155-0163] teach the protective cover includes flexible sections such as 450 that enable folding the cover along a plurality of folding lines).
Chien do not explicitly disclose a wearable extended reality appliance.
However, Yasukawa teaches the appliance is a wearable extended reality appliance (Fig. 2, 43 and paragraph [0119-0120, 0206-0209] teach a wearable extended reality appliance 2 and a protective case 83 with space to store the wearable extended reality appliance along with the keyboard in closed or an open configuration). It would have been obvious for a person skilled in the art, before the effective filing date of the invention to modify Chien’s invention by including above teachings of Yasukawa, because utilizing a wearable extended reality appliance instead of tablet display allows user to see the display images in much larger size while improving the user experience, as taught by Yasukawa. The rationale would have been to use a known method or technique to achieve predictable results.
Combination of Chien and Yasukawa teach the protective cover to form a three-dimensional shape that includes a compartment for selectively enclosing a wearable extended reality appliance (Yasukawa in Fig. 2, 43 and paragraph [0119-0120, 0206-0209] teach the protective cover 83 including a three-dimensional shape 86 that includes a compartment for selectively enclosing a wearable extended reality appliance).
Combination of Chien and Yasukawa do not explicitly disclose at least some of the folding lines are non-parallel to each other and the flexible sections enable folding the protective cover to form a three-dimensional shape.
However, Jiang teaches wherein at least some of the folding lines are non-parallel to each other and the flexible sections enable folding the protective cover to form a three-dimensional shape that includes a compartment (Figs. 1-3 and paragraph [0014-0021] teach wherein at least of the folding lines 202 as claimed and the flexible sections enable folding the protective cover to form a three-dimensional shape as shown in Fig. 3 that forms a compartment or hollow 3D opening). It would have been obvious for a person skilled in the art, before the effective filing date of the invention to modify combination of Chien and Yasukawa, by including above teachings of Jiang, because utilizing such structure of the protective cover is very well-known and widely used in the art because it allows the protective covers to mold into various shapes, as shown by Jiang. The rationale would have been to use a known method or technique to achieve predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIT CHATLY whose telephone number is (571)270-1610. The examiner can normally be reached Mon-Fri 9-5.
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, Matthew Eason can be reached at 5712707230. 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.
/AMIT CHATLY/Primary Examiner, Art Unit 2624