`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/722,336
`
`12/20/2019
`
`Kenichi SHINDO
`
`PANDP0278USO1ICON
`
`8829
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`WU,JERRY
`
`2841
`
`07/22/2021
`
`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):
`
`ipdocket @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`Office Action Summary
`
`Application No.
`16/722,336
`Examiner
`JERRY WU
`
`Applicant(s)
`SHINDO etal.
`Art Unit
`2841
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 6/10/21.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-5 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-5 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible 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 PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)(] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 12/20/19 is/are: a)¥) accepted or b)( 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:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin 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) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210717
`
`
`
`Application/Control Number: 16/722,336
`Art Unit: 2841
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined underthefirst
`
`inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthefirst
`
`inventor to file provisions of the AIA.
`
`2.
`
`In the event the determination ofthe 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 for
`
`the rejection will not be considered a new groundofrejection if the prior art relied upon, and the rationale
`
`supporting the rejection, would be the same undereitherstatus.
`
`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 for the rejection will not be considered a new groundofrejection if the prior art
`
`relied upon, and the rationale supporting the rejection, would be the same undereither status.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset 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 of this
`title, if the differences between the claimed invention andthe 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 mannerin which the invention was made.
`
`
`
`Application/Control Number: 16/722,336
`Art Unit: 2841
`
`Page 3
`
`1.
`
`Claims 1-5 are rejected under 35 U.S.C. 103(a) as being unpatentable over WU (US
`
`20080179897) in view of Lev (US: 20090179435) and further in view of Examiner’s Official
`
`Notice (EON).
`
`2.
`
`With regard claim 1, Wu disclosed An electronic device (abstract; fig 1-4) including a
`
`first unit and a second unit openableto thefirst unit (at least fig 1; see below), the electronic
`
`device comprising: a latch mechanism that fixes the second unit in a closed state with respect to
`
`the first unit (at least fig 3); and a hinge that couplesthe first unit and the second unit(at least fig
`
`1, hinge in the middle), the hinge being configured to enable rotation of the second unit relative
`
`to the first unit (at least fig 1), wherein the latch mechanism includes: a latch rotatable around a
`
`rotation shaft between a housing position and a lock position (at least the items 50, which is
`
`rotatable around a rotation shaft), the latch fixing the first unit and the second unit in the closed
`
`state at the lock position (at least fig 3); wherein the latch mechanism is disposed on a front side
`
`end of the electronic device (at least fig 1), the front side end being opposite to another side end
`
`of the electronic device at which the hingeis arranged(atleast fig 1).
`
`Wulacksteaching: an elastic member disposed on both sides of the rotation shaft and
`
`biasing the rotation shaft in a predetermined direction in the closedstate.
`
`Lev teaches a latch mechanism (abstract; fig 1-3) comprising: an elastic member disposed
`
`on the rotation shaft (at least fig 3, 84 rotatable around 62) and biasing the rotation shaft in a
`
`predetermined direction in the closed state. It would have been obvious to one of ordinary skill in
`
`the art before the effective filing date of the claimed invention,orat the time of the invention
`
`was made,to includethis feature (rotation shaft with biasing; and associate structure 44, 64, 68,
`
`72 ect. Which causethe latch structure to lock and unlock two housings) and modify to previous
`
`
`
`Application/Control Number: 16/722,336
`Art Unit: 2841
`
`Page 4
`
`discussed structure (modified the discussed latch structure and associate parts) so as to further
`
`improve the locking mechanism of the modified structure.
`
`Wuin view of Lev lacks teaching: the elastic member disposed on both sides of the
`
`rotation shaft.
`
`Examiner’s note: at least fig 2 shows elastic member on the other side of the other elastic
`
`memberlabeled as 62. However Lev did not clearly label the other one.
`
`However, Examinertake official notice (EON)that it would have been obvious to one of
`
`ordinary skill in the art before the effective filing date of the invention was made to have an
`
`elastic memberdisposed on both sides of the rotation shaft and modify to previous discussed
`
`structure.
`
`The motivation to modify the previous discussed structure with the current feature
`
`(duplicate the elastic member on both sides of the rotation shaft; could be duplicated 62 or 64, or
`
`both) is to provide a balanceelastic force. Admitted prior art, MPEP 2144.03
`
`3.
`
`With regard claim 2, the modified Wu further disclosed the latch includes a projection
`
`(Lev: the projection projected from the straight body of 50) projecting toward a direction of a
`
`rotation radius at an end most distance from the rotation shaft (see also Lev’s fig 3).
`
`4,
`
`With regard claim 3, the modified Wu further disclosed the second unit includes a
`
`protrusion whichthe projection abuts after rotation of the latch (at least Lev fig 3).
`
`5.
`
`With regard claim 4, the modified Wu further disclosed the first unit includes an input
`
`portion, and the second unit includes a display (at least fig 1).
`
`
`
`Application/Control Number: 16/722,336
`Art Unit: 2841
`
`Page 5
`
`6.
`
`With regard claim 5, the modified Lev further disclosed the electronic device is a
`
`notebook-type personal computer, a detachable-type computer, a word processor, or an
`
`electronic dictionary (at least fig 1-2).
`
`Response to Arguments
`
`1.
`
`2.
`
`Applicant's arguments have been fully considered but they are not persuasive.
`
`With respect to the Applicants’ remarksthat, “In contrast to the present application, Lev
`
`does not disclose a latch mechanism arranged on the claimed front side end of an electronic
`
`device that is opposite to where the hinge is located. As shown below, the release mechanism 44
`
`of Lev, i.e. the purported latch mechanism,is arranged on a side wall 40 of the laptop. The end at
`
`which the hinge between the base member22 and display member 20 is arranged is not opposite
`
`to the side wall 40. Accordingly, the Lev side wall 40 should not be construed as being the
`
`claimed front side end and the Lev release mechanism 44 should not be construed as being
`
`equivalent to the claimed latch mechanism of the present application.” (pages 4 to the end).
`
`Examiner’s Answer: the Examinerrespectfully disagrees and notes that: Applicant’s
`
`arguments with respect to all the argued claims have been considered but are moot because the
`
`arguments do not apply to current ground of rejection being used in the current rejection.
`
`Conclusion
`
`The prior art made of record and notrelied upon is considered pertinent to applicant's
`
`disclosure.
`
`
`
`Application/Control Number: 16/722,336
`Art Unit: 2841
`
`Page 6
`
`Any inquiry concerning this communication or earlier communications from the
`
`examinershould be directed to JERRY WU whose telephone numberis (571)270-5420. The
`
`examiner can normally be reached on PHP: M-Th: 8:30-12:30; 2:30-8:30pm.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Jinhee Lee can be reached on (571)272-1977. The fax phone numberfor the
`
`organization wherethis application or proceedingis 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
`
`maybe 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.
`
`MERRY WU/
`Primary Examiner, Art Unit 2841
`
`