throbber
www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`15/633,272
`
`06/26/2017
`
`Kenichi SHINDO
`
`20296.0105USW1
`
`9058
`
`53148
`
`759°
`
`11/02/2018
`
`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
`
`MINNEAPOLIS, MN 55402-1683
`
`CHOWDHURY' ROCKSHANAD
`
`ART UNIT
`2835
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/02/2018
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`PTOMai1@hsm1.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/633,272
`Examiner
`ROCKSHANA D CHOWDHURY
`
`Applicant(s)
`SHINDO et al.
`Art Unit
`2835
`
`AIA Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 7/17/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)l:] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)D All
`
`b)I:J Some”
`
`c)C] None of the:
`
`1.[:]
`
`Certified copies of the priority documents have been received.
`
`2.[:]
`
`Certified copies of the priority documents have been received in Application No.
`
`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20181012
`
`

`

`Application/Control Number: 15/633,272
`Art Unit: 2835
`
`Page 2
`
`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 Objections
`
`All of the claim objections for claim 1 and claim 3 sent on office action 02/23/2018 have
`
`not been corrected in the claim amendments dated 07/17/2018. Therefore, some part of
`
`the claim objections for claims 1 and 3 sent on office action 02/23/2018 have been
`
`maintained and therefore stated below because of the following informalities:
`
`0 Claim 1
`
`in line 10 recite “the second side" and should instead recite “the
`
`second side of the second housing” to maintain consistency and to avoid
`
`ambiguity.
`
`0 Claim 3 in lines 10-11 recite “the one end" and should instead recite “the one
`
`end of each of the pair of the link members" to maintain consistency and to
`
`avoid ambiguity.
`
`0 Claim 3 in line 10 recite “the link member” should recite “each of the pair of link
`
`members” to maintain consistency and to avoid ambiguity.
`
`0 Claim 3 in line 13 recite “a mounted face of the second housing” should recite
`
`“the mounted face of the second housing” as previously recited in claim 3 in
`
`line 5.
`
`

`

`Application/Control Number: 15/633,272
`Art Unit: 2835
`
`Page 3
`
`In the interest of compact prosecution, Examiner interpretation above in light of
`
`drawing and specification is to be confirmed in the next Office communication by
`
`the Applicant and also appropriate correction is required.
`
`Claim Rejections - 35 USC §102
`
`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 -
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or
`othenNise available to the public before the effective filing date of the claimed invention.
`
`Claim 1 is rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Hosoi et al.
`
`(US Patent No. 4,951,241 and Hosoi hereinafter)
`
`Regarding claim 1I Hosoi discloses (figs. 2-9 and see annotated fig. 7 below) an
`
`electronic device comprising:
`
`a first housing (300, fig. 9) provided with a display (310);
`
`a second housing (100) provided with an operating portion (keyboard, 150); and
`
`a hinge (not shown, col 2, lines 40-42) that connects a first side (F1) on a rear of the
`
`first housing in a length direction and a second side (81) of the second housing such
`
`that the first housing and the second housing are capable of relative rotation (shows in
`
`fig. 7),
`
`wherein the second housing has a leg (400, fig. 5) capable of protruding rearward of the
`
`second side,
`
`

`

`Application/Control Number: 15/633,272
`Art Unit: 2835
`
`Page 4
`
`the leg, when protruding, provides a handle (401) configured to be gripped by a user for
`
`carrying the electronic device (col 3, lines 60-65), and
`
`a shape of a section in the second side connected to the leg is set such that, when the
`
`leg is protruded rearward (fig. 6) of the second side of the second housing,
`
`
`
`a rear end of the leg protrudes downward (see annotated fig. 7 above) from a vertical
`
`position of a mounted face (M1) which is a main face of the second housing opposite to
`
`a main face (M2) on which the operating portion is provided.
`
`

`

`Application/Control Number: 15/633,272
`Art Unit: 2835
`
`Page 5
`
`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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Hosoi et
`
`al in view of Nagamura et al. (US Patent No. 7936562 B2 and Nagamura
`
`hereinafter)
`
`Regarding claim 2I Hosoi discloses the electronic device according to claim 1. Hosoi
`
`further teaches wherein the leg includes: a rod-shaped leg member (401 ); and a pair of
`
`link members (402) which connects the rod-shaped leg member and the second side of
`
`the second housing to each other, wherein the pair of link members is connected
`
`(elements 402 connected with element 401 ), on one end of each of the pair of link
`
`members, to the second side of the second housing so as to be rotatable with a
`
`predetermined space formed (elements 402 are rotatable with predetermined space)
`
`between the pair of link members in a longer direction (length wise direction) of the
`
`second side of the second housing.
`
`Hosoi does not explicitly disclose another end of one of the pair of link members is
`
`connected to one end of the rod-shaped leg member so as to be slidable in a longer
`
`direction of the rod-shaped leg member, and another end of another link member is
`
`

`

`Application/Control Number: 15/633,272
`Art Unit: 2835
`
`Page 6
`
`connected to another end of the rod-shaped leg member so as to be slidable in the
`
`longer direction of the rod-shaped leg member.
`
`However, Nagamura teaches (figs. 6A-6C) another end of one of the pair of link
`
`members (43) is connected to one end of the rod-shaped leg member (4) so as to be
`
`slid able (fig. 6B) in a longer direction (direction G) of the rod-shaped leg member, and
`
`another end of another link member (44) is connected to another end of the rod-
`
`shaped leg member so as to be slidable (fig.6C) in the longer direction of the rod-
`
`shaped leg member.
`
`It would have been obvious to one of ordinary skill in the art before the effective filing
`
`date of the claimed invention to combine one end of the rod-shaped leg member
`
`slidable in a longer direction of the rod-shaped leg member of Nagamura to the
`
`electronic device of Hosoi in order to provide smooth movement of the handle, when the
`
`handle is moved from the extended position to the retracted position.
`
`Regarding claim 3: Hosoi/ Nagamura discloses the electronic device according to
`
`claim 2. Hosoi further teaches wherein the second housing has: a first main wall (M1)
`
`constituting the main face of the second housing; a second main wall (M2) disposed
`
`parallel to the first main wall with a predetermined space and constituting a mounted
`
`face of the second housing; and a rotation shaft (700) projecting at least from one of
`
`the first main wall and the second main wall toward the other (fig. 7), and each of the
`
`pair of link members is configured such that: a through-hole (403) formed on the one
`
`end of each of the pair of link members is engaged with the rotation shaft so that the link
`
`member is rotatable about the one end; the one end is sandwiched so as to be slidable
`
`between a first face (F1) of the first main wall around the rotation shaft and a second
`
`

`

`Application/Control Number: 15/633,272
`Art Unit: 2835
`
`Page 7
`
`
`
`face (F2) of the second main wall around the rotation shaft, and the first face and the
`
`second face tilt (tilting the keyboard, stated in claim 1 and fig. 7) relative to a mounted
`
`face of the second housing such that a rear end of the leg protrudes downward (fig. 7)
`
`from the vertical position of a mounted face.
`
`Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hosoi et al in
`
`view of Staats et al. (US Pub No. 2011/0222238 A1 and Staats hereinafter)
`
`Regarding Claim 4: Hosoi discloses the electronic device according to claim 1.
`
`Hosoi does not explicitly disclose the first housing is a tablet computer configured to be
`
`detachable from the hinge.
`
`However, Staats further teaches the first housing is a tablet computer (101, fig.4)
`
`configured to be detachable (fig. 8) from the hinge (130 and 128).
`
`It would have been obvious to one of ordinary skill in the art before the effective filing
`
`date of the claimed invention to combine a tablet computer configured to be detachable
`
`

`

`Application/Control Number: 15/633,272
`Art Unit: 2835
`
`Page 8
`
`from the hinge of Staats to the electronic device of Hosoi in order to provide a
`
`counterbalance armature that used as a handle to carry the slate tablet computer when
`
`it is housed in the slate tablet computer housing.
`
`Response to Arguments
`
`Applicant's arguments with respect to claim 1 have been considered but are moot
`
`because the arguments do not apply to the new grounds of rejection being used in the
`
`current Office action.
`
`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
`
`extension fee 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 date of this final action.
`
`

`

`Application/Control Number: 15/633,272
`Art Unit: 2835
`
`Page 9
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ROCKSHANA D CHOWDHURY whose telephone
`
`number is (571)272-1602. The examiner can normally be reached on M-F: 8 AM - 4:30
`
`PM.
`
`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, JINHEE LEE can be reached on 571-272—1977. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/ROCKSHANA D CHOWDHURY/
`
`Examiner, Art Unit 2835
`
`

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