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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection.
Terminal Disclaimer
The terminal disclaimer filed on July 10, 2026 disclaiming the terminal portion of any patent granted on this application has been reviewed and is accepted. The terminal disclaimer has been recorded.
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.
Claim(s) 1-9 and 11-19 are rejected under 35 U.S.C. 103 as being unpatentable over Stanimirovic et al. (US 2021/0242697; Cited in IDS) in view of Rothbaum et al. (US 2011/0192857; Cited in IDS).
Regarding claim 1, 11, and 17, Stanimirovic discloses an accessory for a portable electronic device (Fig. 2; paragraph [0047]; e.g., front view of the device 100 for holding and charging an electronic cigarette element 110), the portable electronic device having opposed front and rear device faces (Fig. 7), the front device face including a device touchscreen and the rear device face including a camera (paragraph [0073]; e.g., The protective case element may have a plurality of openings or apertures. These openings or apertures are positioned and correspond to the various components of the mobile phone, such as a camera lens), the accessory comprising:
an attachment mechanism magnetically attachable to the rear device face (Fig. 11; paragraphs [0075]-[0076]; e.g., The mobile phone case 900 may be coupled with an electronic cigarette element 1000 that may be magnetically attached to the mobile phone case 900 via a magnetic element),
the attachment mechanism having an inner surface directed toward the rear device face when the attachment mechanism is magnetically attached to the rear device face and an outer surface opposite the inner surface (paragraphs [0072]-[0073]; e.g., When a mobile or cellular phone is being positioned into the protective case element such that the back of a cellular phone abuts the backing, outward forces act on the resilient material of the inboard facing catching feature); and
a user item holder disposed on the outer surface of the attachment mechanism (Figs. 15 and 19 reference 1500; paragraph [0085]; e.g., FIG. 19 shows that the rear surface 1501 of the device 1500 has been attached to the rear surface 1507 of the phone 1516, using a magnet, an adhesive, or other fastener),
the user item holder including opposed first and second retaining lips which define a channel therebetween for receiving a user item (paragraph [0077]; e.g., FIG. 12 also shows a channel or gutter 1202 located in the battery pack 1200, which is shaped and configured to allow for the electronic cigarette element 1000 to be securely inserted into the channel or gutter 1202) and (paragraph [0080]; e.g., FIG. 12 also shows a channel or gutter 1202 located in the battery pack 1200, which is shaped and configured to allow for the electronic cigarette element 1000 to be securely inserted into the channel or gutter 1202),
the channel having a closed first end and an open second end opposite the closed first end (Fig. 13; paragraphs [0079]-[0080]; e.g., at the electronic cigarette element 1000 has been securely inserted into the channel or gutter 1202),
each of the first and second retaining lips having an outer surface that slants downwardly toward the outer surface of the attachment mechanism (Fig. 14; paragraphs [0048], [0072]-[0073], [0080]; see the electronic cigarette element 1000 has been entirely removed from the channel or gutter 1202 in the battery pack 1200).
Stanimirovic fails to specifically disclose the user item holder further includes a retaining member that closes the closed first end of the channel by joining the first and second retaining lips.
However, However, Rothbaum discloses the user item holder further includes a retaining member that closes the closed first end of the channel by joining the first and second retaining lips (Fig. 8 reference 806; paragraphs [0154], [0162]; [0166]; e.g., Any retaining mechanism can be used, including lids, straps, snaps, springs, magnets and magnetic materials, friction, van der Walls force mechanisms, and the like).
Therefore, taking the teachings of Stanimirovic in combination of Rothbaum as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to have the user item holder further includes a retaining member that closes the closed first end of the channel by joining the first and second retaining lips for advantages of removably attach a case for that electronic device to an accessory that mounts, supports, displays, and/or holds the mobile electronic device for ease of viewing or use by a user (Rothbaum: paragraph [0007]).
Regarding claims 2 and 12, Stanimirovic in combination with Rothbaum discloses the accessory of claims 1 and 11, wherein the channel is enclosed laterally by the first and second retaining lips, enclosed from below by the outer surface, and uncovered from above (Rothbaum: paragraphs [0162], [0240]).
Therefore, taking the teachings of Stanimirovic in combination of Rothbaum as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to have the channel is enclosed laterally by the first and second retaining lips, enclosed from below by the outer surface, and uncovered from above for advantages of removably attach a case for that electronic device to an accessory that mounts, supports, displays, and/or holds the mobile electronic device for ease of viewing or use by a use.
Regarding claims 3 and 14, Stanimirovic in combination with Rothbaum discloses the accessory of claims 1 and 11, wherein the user item holder is spaced apart from a periphery of the attachment mechanism (Stanimirovic: paragraphs [0058], [0072]).
Regarding claims 4 and 13, Stanimirovic in combination with Rothbaum discloses the accessory of claims 1 and 12, wherein the attachment mechanism comprises an attachment magnet configured to interact with a corresponding device magnet (Stanimirovic: Fig. 5A; paragraph [0068]; e.g., the housing includes the magnet 580, and the mobile computing device 105, 700 or 1516 may include a ferrous metal component (such as a ferrous metal plate) on its rear surface that is attracted to the magnet, such that the mobile computing device is removably mounted or coupled to the housing).
Regarding claim 5, Stanimirovic in combination with Rothbaum discloses the accessory of claim 4, wherein the attachment magnet is a rare earth magnet (Stanimirovic: paragraphs [0045], [0054]).
Regarding claim 6, Stanimirovic in combination with Rothbaum discloses the accessory of claim 1, wherein the user item holder includes a retaining bump disposed on the outer surface proximate the open second end of the channel to limit unintended disengagement of the user item from the open second end (Stanimirovic: paragraphs [0077], [0079]).
Regarding claims 7 and 15, Stanimirovic in combination with Rothbaum discloses the accessory of claims 1 and 11, wherein the first and second retaining lips of the user item holder engage opposite sides of the user item to hold the user item in the channel (Stanimirovic: paragraphs [0077], [0079]).
Regarding claims 8 and 16, Stanimirovic in combination with Rothbaum discloses the accessory of claims 1 and 11, wherein the attachment mechanism comprises resiliently flexible material, preferably silicone (Stanimirovic: paragraph [0050; e.g., housing element may be comprised of materials such as plastics, rubberized plastic, silicone, water resistant material, resilient material, silicone, rubber, leather, etc.).
Regarding claim 9, Stanimirovic in combination with Rothbaum discloses the accessory of claim 1, wherein the first and second retaining lips of the user item holder are spaced apart by a distance associated with a dimension of the user item (Stanimirovic: Fig. 14; paragraphs [0072]-[0073]).
Regarding claim 18, Stanimirovic in combination with Rothbaum discloses the combination of claim 17, wherein the user item projects outwardly of the channel when the user item is fully received in the channel (Stanimirovic: paragraph [0073]).
Regarding claim 19, Stanimirovic in combination with Rothbaum discloses the combination of claim 17, wherein the channel is enclosed laterally by the first and second retaining lips, enclosed from below by the outer surface, and uncovered from above (Stanimirovic: paragraphs [0048]-[0049]).
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Stanimirovic in combination with Rothbaum, in view of Hassett (US 2005/0241972; Cited in IDS).
Regarding claims 10 and 20, Stanimirovic in combination with Rothbaum discloses the accessory of claims 9 and 17, fails to specifically disclose wherein the user item is configured to hold pharmaceutical products.
However, Hassett discloses the user item is configured to hold pharmaceutical products (paragraph [0029]).
Therefore, taking the teachings of Stanimirovic in combination of Rothbaum and Hassett as a whole, it would have been obvious to one having ordinary skill in the art at the time of the invention by applicant to have the user item is configured to hold pharmaceutical products in order to facilitating removal of items inside the carrying case that includes a resiliently deflectable tab that aids in the extraction of items carried within the carrying case (Hassett: paragraph [0004]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY X PHAM whose telephone number is (571)270-7115. The examiner can normally be reached Mon-Fri: 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached at 571-270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY X PHAM/Primary Examiner, Art Unit 3648
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