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 .
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.
Claim 21 is 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. In regard to claim 21, the claim recites “the first portion of the probe cover comprises a shortened length relative to the first portion.” Under the BRI, the limitations recite “X comprises a shortened length relative/ as compared to X”. It is unclear what structure(s)/ configuration(s) the limitation(s) is/are intended. Clarification is requested by amendments. It is interpreted that any first portion(s) comprises a shortened length/ cross-section as compared to its longer cross-section would meet the limitations for the purpose of compact prosecution.
Claim Rejections - 35 USC § 103
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 1-4, 9 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over DelloStritto et al. (USPGPUB 2012/0101349). In regard to claim 1, DelloStritto discloses a method comprising: providing a first portion of a probe cover for an oximeter device (elements 102 and/or 114 and oximetry components 110/118, Figs. 1-3 and associated descriptions; pulse oximeter, title and abstract;), wherein the first portion comprises a first open end (open end(s) of elements 103 and/or 114, Fig. 1 and associated descriptions) and a first closed end, opposite to the first open end (closed end(s) of elements 103 and/or 114 opposite to the first open end, Fig. 1 and associated descriptions), and a first posts/ groove portion (elements 113b, 113c, 113d, Fig. 1 and associated descriptions; posts, [0010] or interlocking peripheral groove 115, Fig. 1 and associated descriptions; peripheral groove, [0010]) ; and providing a second portion of the probe cover (element 120, Fig. 1 and associated descriptions), wherein the second portion comprises a second open end (right surface of element 120 facing element 114 for housing element 118, Fig. 1 and associated descriptions) and a second closed end, opposite to the second open end (left surface of element 120 facing elements 126a-d, Fig. 1 and associated descriptions), a second screw/ groove portion (elements 126a-d and/or the aperture(s) of element 120, Fig. 1 and associated descriptions; or a groove portion 122, Fig. 1 and associated descriptions; [0010]), and the second closed end comprises an optical interface panel (element 134, Figs. 1-2 and associated descriptions; a section of a substantially transparent thermoplastic, for example, fitted within the aperture, [0010]; transparent thermoplastic such as a translucent, clear, high-clarity virgin polypropylene 134, [0013]), and screwing/ interlocking together the first posts portion and second screw portion couples the first open end to the second open end to form a sealed probe cover enclosure for the oximeter device (Figs. 1 and 3B and associated descriptions; screwing and interlocking, [0010]), when in the sealed probe cover enclosure, a display of the oximeter device is visible through the first closed end of the probe cover (indicator LEDs 140, 142, and 144 display modes, Fig. 3b and associated descriptions; [0018]), and light is transmitted to and from a probe tip of the oximeter device through the optical interface panel to a tissue being measured (probe tip/ lower portion of element 118, which at least one LED 119 and photodetector 117 disposed on, Figs. 1 and 3a and associated descriptions; LED/ photodetector and patient’s body, [0011]; [0015]).
DelloStritto does not specifically disclose the first posts/ groove portion and the second screw/ groove portion are latching portions.
DelloStritto further discloses “…In those embodiments including more than one housing portion, other means of engagement are contemplated such as by interlocking peripheral groove 115, adhesive, snap(s), flexible tab(s), latch(s), and/or clip(s), for example” ([0010]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the configuration of posts/screw and/or interlocking grooves configurations with the use of latches to yield predictable results, since both configurations are alternative equivalent engagement configurations (see [0010] of DelloStritto). The rationale would have been the simple substitution of one known, equivalent element for another to obtain predictable results (obvious to substitute elements, devices, etc.), KSR, 550, U.S. at 417.
In regard to claim 2, DelloStritto as modified discloses the optical interface panel passes light having a wavelength from about 650 nanometers to about 900 nanometers (red and/or infrared range, [0011]; a section of a substantially transparent thermoplastic, for example, fitted within the aperture, [0010]; transparent thermoplastic such as a translucent, clear, high-clarity virgin polypropylene 134, [0013]; 660/910 nm, [0015]).
In regard to claim 3, DelloStritto as modified discloses the second portion of the probe cover comprises a barrier at the second closed end (elements 128 and/or 136, Fig. 2 and associated descriptions; [0013]), the barrier is coupled to the optical interface panel (elements 128 and/or 136, Fig. 2 and associated descriptions; [0013]), and the barrier prevents contaminants on a tissue being measured from contacting the oximeter device contained within an interior of the enclosure (elements 128 and/or 136, Fig. 2 and associated descriptions; the combination of elements 128/136 prevents contaminants, [0013]).
In regard to claim 4, DelloStritto as modified discloses the optical interface panel passes the light having a wavelength from about 650 nanometers to about 900 nanometers without attenuation that would affect an oximeter measurement (red and/or infrared range, [0011]; unobstructed passage of light…transparent thermoplastic such as a translucent, clear, high-clarity virgin polypropylene 134, [0013]).
In regard to claim 9, DelloStritto as modified discloses the optical interface panel comprises a uniform thickness (a section of a substantially transparent thermoplastic, for example, fitted within the aperture, [0010]; transparent thermoplastic such as a translucent, clear, high-clarity virgin polypropylene 134, [0013]).
In regard to claim 12, DelloStritto as modified discloses a first surface of the optical interface panel conforms to a surface of a sensor of the probe tip of the oximeter device, and the first surface is configured to be flush against the sensor of the probe tip without any gaps (upper surface facing the lower surface of elements 117/119, Figs. 1, 2 and 3a and associated descriptions).
In regard to claim 13, DelloStritto as modified discloses the probe cover comprises a polycarbonate (top housing portion 102 is comprised of a durable material such as a polycarbonate acrylonitrile butadiene styrene polymer, [0010]).
In regard to claim 14, DelloStritto as modified discloses the probe cover comprises a rigid polymer (top housing portion 102 is comprised of a durable material such as a polycarbonate acrylonitrile butadiene styrene polymer, [0010]).
In regard to claim 15, DelloStritto as modified discloses the second portion of the probe cover comprises rigid polymer and the optical interface panel comprise a flexible polymer, relative to the rigid polymer (housing materials, claim 4; polypropylene 134, [0013]).
In regard to claim 16, DelloStritto as modified discloses the second portion of the probe cover comprises flexible polymer and the optical interface panel comprise a rigid polymer, relative to the flexible polymer (flexible material, such as a thermoplastic polyurethane elastomer, [0010]; housing materials, claim 4; polypropylene, [0013]).
In regard to claim 19, DelloStritto as modified discloses a method comprising: providing a first portion of a probe cover for an oximeter device (referring to claim 1 above), wherein the first portion comprises a first open end (referring to claim 1 above) and a first closed end (referring to claim 1 above), opposite to the first open end (referring to claim 1 above), and a first latch portion (referring to claim 1 above); and providing a second portion of the probe cover (referring to claim 1 above), wherein the second portion comprises a second open end (referring to claim 1 above) and a second closed end (referring to claim 1 above), opposite to the second open end (referring to claim 1 above), a second latch portion (referring to claim 1 above), and the second closed end comprises an optical interface panel (referring to claim 1 above), and latching together the first latch portion to the second latch portion couples the first open end to the second open end to form a sealed probe cover enclosure for the oximeter device (referring to claim 1 above), when in the sealed probe cover enclosure (referring to claim 1 above), a display of the oximeter device is visible through the first closed end of the probe cover (referring to claim 1 above), and light is transmitted to and from a probe tip of the oximeter device through the optical interface panel to a tissue being measured (referring to claim 1 above), wherein the second portion of the probe cover comprises an elongated shape (element 120, Fig. 1 and associated descriptions), having a first length that is longer than a second length (any lengths along and/or being defined connecting around the longest length, e.g. any length(s) connecting the arc portions in both ends, Fig. 1 and associated descriptions), the second length being transverse to the first length. (any lengths along and/or being defined connecting around the shortest length, e.g. any length(s) connecting the parallel portions in both sides, Fig. 1 and associated descriptions).
In regard to claim 20, DelloStritto as modified discloses the first portion of the probe cover comprises a shortened shape (element 103, Figs. 1 and 3b and associated descriptions), having a third length that is shorter the first length (the height of element 103, Figs. 1 and 3b and associated descriptions), and the third length is from the first open end and the first closed end (the height of element 103, Figs. 1 and 3b and associated descriptions).
In regard to claim 21, DelloStritto as modified discloses a method comprising: providing a first portion of a probe cover for an oximeter device (referring to claim 1 above), wherein the first portion comprises a first open end and a first closed end (referring to claim 1 above), opposite to the first open end (referring to claim 1 above), and a first latch portion (referring to claim 1 above); and providing a second portion of the probe cover (referring to claim 1 above), wherein the second portion comprises a second open end and a second closed end (referring to claim 1 above), opposite to the second open end (referring to claim 1 above), a second latch portion (referring to claim 1 above), and the second closed end comprises an optical interface panel (referring to claim 1 above), and latching together the first latch portion to the second latch portion couples the first open end to the second open end to form a sealed probe cover enclosure for the oximeter device (referring to claim 1 above), when in the sealed probe cover enclosure, a display of the oximeter device is visible through the first closed end of the probe cover (referring to claim 1 above), and light is transmitted to and from a probe tip of the oximeter device through the optical interface panel to a tissue being measured (referring to claim 1 above), wherein the first portion of the probe cover comprises a shortened length relative to the first portion (rejected as best understood, see the 35 USC 112(b) rejection above; element 103 comprises a short cross-section length near the upper portion as compared to the longest cross-section length near the bottom portion, Figs. 1 and 3b and associated descriptions).
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 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 10,722,156 in view of DelloStritto. In regard to claims 1-21 of present application, claims 1-17 of ‘156 recite all the claimed limitations but does not specifically recite a first latch portion and a second latch portion are latching portions; wherein the second portion of the probe cover comprises an elongated shape, having a first length that is longer than a second length, the second length being transverse to the first length and wherein the first portion of the probe cover comprises a shortened shape, having a third length that is shorter the first length, and the third length is from the first open end and the first closed end (claims 19-20); wherein the first portion of the probe cover comprises a shortened length relative to the first portion (claim 21). DelloStritto teaches a probe cover for an oximeter device (Figs. 1-3 and associated descriptions) comprises a first portion (elements 103 and/or 114, Fig. 1 and associated descriptions and a second portion (cover (element 120, Fig. 1 and associated descriptions), wherein the first portion and second portion are engaged together by latches (latch(s), [0010]) and the second portion of the probe cover comprises an elongated shape (element 120, Fig. 1 and associated descriptions), having a first length that is longer than a second length (any lengths along and/or being defined connecting around the longest length, e.g. any length(s) connecting the arc portions in both ends, Fig. 1 and associated descriptions), the second length being transverse to the first length. (any lengths along and/or being defined connecting around the shortest length, e.g. any length(s) connecting the parallel portions in both sides, Fig. 1 and associated descriptions)(claim 19); the first portion of the probe cover comprises a shortened shape (element 103, Figs. 1 and 3b and associated descriptions), having a third length that is shorter the first length (the height of element 103, Figs. 1 and 3b and associated descriptions), and the third length is from the first open end and the first closed end (the height of element 103, Figs. 1 and 3b and associated descriptions)(claim 20); wherein the first portion of the probe cover comprises a shortened length relative to the first portion (rejected as best understood, see the 35 USC 112(b) rejection above; element 103 comprises a short cross-section length near the upper portion as compared to the longest cross-section length near the bottom portion, Figs. 1 and 3b and associated descriptions) (claim 21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the coupling mechanisms of the first and second portions and configurations of the first and second portion of the probe cover (claims 1-17 of ‘156) with the latches and the configurations of the first and second portion of the probe cover as taught by DelloStritto to yield predictable results, since both devices are oximetry systems and one of ordinary skill in the art would have recognized that the latches and the configurations of the first and second portion of the probe cover as taught by DelloStritto are alternative equivalent coupling mechanisms and configurations of a probe cover. The rationale would have been the simple substitution of one known, equivalent element for another to obtain predictable results (obvious to substitute elements, devices, etc.), KSR, 550, U.S. at 417.
Claims 1-9, 12-16 and 18-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9-20 of U.S. Patent No. 10,827,957 in view of DelloStritto. In regard to claims 1-9, 12-16 and 18-21 of present application, claims 1 and 9-20 of ‘957 recite all the claimed limitations but does not specifically recite a first latch portion and a second latch portion are latching portions; wherein the second portion of the probe cover comprises an elongated shape, having a first length that is longer than a second length, the second length being transverse to the first length and wherein the first portion of the probe cover comprises a shortened shape, having a third length that is shorter the first length, and the third length is from the first open end and the first closed end (claims 19-20); wherein the first portion of the probe cover comprises a shortened length relative to the first portion (claim 21). DelloStritto teaches a probe cover for an oximeter device (Figs. 1-3 and associated descriptions) comprises a first portion (elements 103 and/or 114, Fig. 1 and associated descriptions and a second portion (cover (element 120, Fig. 1 and associated descriptions), wherein the first portion and second portion are engaged together by latches (latch(s), [0010]) and the second portion of the probe cover comprises an elongated shape (element 120, Fig. 1 and associated descriptions), having a first length that is longer than a second length (any lengths along and/or being defined connecting around the longest length, e.g. any length(s) connecting the arc portions in both ends, Fig. 1 and associated descriptions), the second length being transverse to the first length. (any lengths along and/or being defined connecting around the shortest length, e.g. any length(s) connecting the parallel portions in both sides, Fig. 1 and associated descriptions)(claim 19); the first portion of the probe cover comprises a shortened shape (element 103, Figs. 1 and 3b and associated descriptions), having a third length that is shorter the first length (the height of element 103, Figs. 1 and 3b and associated descriptions), and the third length is from the first open end and the first closed end (the height of element 103, Figs. 1 and 3b and associated descriptions)(claim 20); wherein the first portion of the probe cover comprises a shortened length relative to the first portion (rejected as best understood, see the 35 USC 112(b) rejection above; element 103 comprises a short cross-section length near the upper portion as compared to the longest cross-section length near the bottom portion, Figs. 1 and 3b and associated descriptions) (claim 21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the coupling mechanisms of the first and second portions and configurations of the first and second portion of the probe cover (claims 1 and 9-20 of ‘957) with the latches and the configurations of the first and second portion of the probe cover as taught by DelloStritto to yield predictable results, since both devices are oximetry systems and one of ordinary skill in the art would have recognized that the latches and the configurations of the first and second portion of the probe cover as taught by DelloStritto are alternative equivalent coupling mechanisms and configurations of a probe cover. The rationale would have been the simple substitution of one known, equivalent element for another to obtain predictable results (obvious to substitute elements, devices, etc.), KSR, 550, U.S. at 417.
Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11,583,211 in view of DelloStritto. In regard to claims 1-21 of present application, claims 1-17 of ‘211 recite all the claimed limitations but does not specifically recite a first latch portion and a second latch portion are latching portions; wherein the second portion of the probe cover comprises an elongated shape, having a first length that is longer than a second length, the second length being transverse to the first length and wherein the first portion of the probe cover comprises a shortened shape, having a third length that is shorter the first length, and the third length is from the first open end and the first closed end (claims 19-20); wherein the first portion of the probe cover comprises a shortened length relative to the first portion (claim 21). DelloStritto teaches a probe cover for an oximeter device (Figs. 1-3 and associated descriptions) comprises a first portion (elements 103 and/or 114, Fig. 1 and associated descriptions and a second portion (cover (element 120, Fig. 1 and associated descriptions), wherein the first portion and second portion are engaged together by latches (latch(s), [0010]) and the second portion of the probe cover comprises an elongated shape (element 120, Fig. 1 and associated descriptions), having a first length that is longer than a second length (any lengths along and/or being defined connecting around the longest length, e.g. any length(s) connecting the arc portions in both ends, Fig. 1 and associated descriptions), the second length being transverse to the first length. (any lengths along and/or being defined connecting around the shortest length, e.g. any length(s) connecting the parallel portions in both sides, Fig. 1 and associated descriptions)(claim 19); the first portion of the probe cover comprises a shortened shape (element 103, Figs. 1 and 3b and associated descriptions), having a third length that is shorter the first length (the height of element 103, Figs. 1 and 3b and associated descriptions), and the third length is from the first open end and the first closed end (the height of element 103, Figs. 1 and 3b and associated descriptions)(claim 20); wherein the first portion of the probe cover comprises a shortened length relative to the first portion (rejected as best understood, see the 35 USC 112(b) rejection above; element 103 comprises a short cross-section length near the upper portion as compared to the longest cross-section length near the bottom portion, Figs. 1 and 3b and associated descriptions) (claim 21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the coupling mechanisms of the first and second portions and configurations of the first and second portion of the probe cover (claims 1-17 of ‘211) with the latches and the configurations of the first and second portion of the probe cover as taught by DelloStritto to yield predictable results, since both devices are oximetry systems and one of ordinary skill in the art would have recognized that the latches and the configurations of the first and second portion of the probe cover as taught by DelloStritto are alternative equivalent coupling mechanisms and configurations of a probe cover. The rationale would have been the simple substitution of one known, equivalent element for another to obtain predictable results (obvious to substitute elements, devices, etc.), KSR, 550, U.S. at 417.
Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,064,241 in view of DelloStritto. In regard to claims 1-21 of present application, claims 1-18 of ‘241 recite all the claimed limitations but does not specifically recite a first latch portion and a second latch portion are latching portions; wherein the second portion of the probe cover comprises an elongated shape, having a first length that is longer than a second length, the second length being transverse to the first length and wherein the first portion of the probe cover comprises a shortened shape, having a third length that is shorter the first length, and the third length is from the first open end and the first closed end (claims 19-20); wherein the first portion of the probe cover comprises a shortened length relative to the first portion (claim 21). DelloStritto teaches a probe cover for an oximeter device (Figs. 1-3 and associated descriptions) comprises a first portion (elements 103 and/or 114, Fig. 1 and associated descriptions and a second portion (cover (element 120, Fig. 1 and associated descriptions), wherein the first portion and second portion are engaged together by latches (latch(s), [0010]) and the second portion of the probe cover comprises an elongated shape (element 120, Fig. 1 and associated descriptions), having a first length that is longer than a second length (any lengths along and/or being defined connecting around the longest length, e.g. any length(s) connecting the arc portions in both ends, Fig. 1 and associated descriptions), the second length being transverse to the first length. (any lengths along and/or being defined connecting around the shortest length, e.g. any length(s) connecting the parallel portions in both sides, Fig. 1 and associated descriptions)(claim 19); the first portion of the probe cover comprises a shortened shape (element 103, Figs. 1 and 3b and associated descriptions), having a third length that is shorter the first length (the height of element 103, Figs. 1 and 3b and associated descriptions), and the third length is from the first open end and the first closed end (the height of element 103, Figs. 1 and 3b and associated descriptions)(claim 20); wherein the first portion of the probe cover comprises a shortened length relative to the first portion (rejected as best understood, see the 35 USC 112(b) rejection above; element 103 comprises a short cross-section length near the upper portion as compared to the longest cross-section length near the bottom portion, Figs. 1 and 3b and associated descriptions) (claim 21). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the hinge coupling mechanisms of the first and second portions and configurations of the first and second portion of the probe cover (claims 1-18 of ‘241) with the latches and the configurations of the first and second portion of the probe cover as taught by DelloStritto to yield predictable results, since both devices are oximetry systems and one of ordinary skill in the art would have recognized that the latches and the configurations of the first and second portion of the probe cover as taught by DelloStritto are alternative equivalent coupling mechanisms and configurations of a probe cover. The rationale would have been the simple substitution of one known, equivalent element for another to obtain predictable results (obvious to substitute elements, devices, etc.), KSR, 550, U.S. at 417.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Carnevali (USPGPUB 2006/0169607 – applicant cited) teaches a dry box housing for electronic devices (Figs. 1-8) comprises a first portion of the housing (lid portion includes elements 104, 105, 106, 113, 114, 158, 160, 162, and 164, Figs. 7-8), wherein the first portion comprises a first open end (opening or cavity defined by the lid elements, Figs. 7-8), and a first closed end, located opposite to the first open end on the first portion (elements 104, 105, 106, 113, 114, 158, 160, 162, and 164, Figs. 7-8), and the first closed end comprises a first window (element 148, Figs. 7-8); a second portion of the housing (elements in the lower portions below a line connecting elements 110 and 116, Figs. 7-8), wherein the second portion comprises a second open end (opening area near the line, Figs. 7-8) and a second closed end (elements 102 and 130, Figs. 7-8), opposite to the second open end (Figs. 7-8), and the second closed end comprises a gap/ an aperture (area near element 136/138, Figs. 4-8); a hinge coupling the first and second portion together, wherein the hinge hinge-couples first and second portions of the housing (element 116 and associated hinge sections of the lid and the body, Figs. 7-8); closing of the hinge couples the first open end to the second open end to form a sealed enclosure for the electronic devices (Figs. 4-8; [0046]); when in the sealed enclosure, a display of the electronic devices is visible through the first closed end of the housing (display D, Figs. 4 and 6) and light can be transmitted through the gap/ aperture of the second closed end (“The aperture left by removal of the plug 136 also provides a pass-through for light, acoustics, heat, mechanical actuation, and other forms of communication with the device”, [0054]); wherein the electronic devices comprise a cellular telephone ([0047]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHU CHUAN LIU whose telephone number is (571)270-5507. The examiner can normally be reached M-Th (6am-6pm).
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/CHU CHUAN LIU/Primary Examiner, Art Unit 3791