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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`12/969,717
`
`12/16/2010
`
`Keiyu Takewaka
`
`MAT—10424US
`
`4777
`
`EXAMINER
`RATNERPRESTIA —
`03’0““ —
`7590
`52473
`PO BOX 980
`CAROC, LHEIREN MAE ANGLO
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`2833
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`03/06/2014
`
`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):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 12/969,717 TAKEWAKA, KEIYU
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2833LHEIREN MAE CAROC first“
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from 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) 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).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`1)IXI Responsive to communication(s) filed on 12/16/13.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`2a)IZ| This action is FINAL.
`3)I:I 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)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`3) I] Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 20131216.
`4) D Other: —'
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20140227
`
`Disposition of Claims*
`5)|XI Claim(s) L6is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s L6 is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l Claim(s
`)
`* If any claims have been determined allowable, 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
`htt
`://www.usoto. ov/ atents/init events"
`h/index.‘s
`
`
`
`
`
`, or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I 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)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)le All
`1.IZI Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I 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.
`
`Attach ment(s)
`
`
`
`

`

`Application/Control Number: 12/969,717
`
`Page 2
`
`Art Unit: 2833
`
`DETAILED ACTION
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
`
`Claims 1-6 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Kim [US 7,939,775] in view of Van Hout et al. [Van Hout hereinafter, US
`
`4,893,932].
`
`In regard to claim 1, Kim teaches [Figs. 2, 3 and 5] a switch device comprising:
`
`an operation body including: a base [21]; an operating part [21a] which protrudes from
`
`the base and is smaller than the base in area from above; a flat operation surface
`
`formed at a top of the operating part; and a display part [Fig. 5] on the operation
`
`surface; and a switch contact [42] for being brought into or out of conduction according
`
`to movement of the operation body, a length of the operation surface in a direction
`
`parallel to a moving direction of the operating part is smaller than a length of the
`
`operation surface in a direction orthogonal to the moving direction of the operating part,
`
`

`

`Application/Control Number: 12/969,717
`
`Page 3
`
`Art Unit: 2833
`
`and the base and the operating part are integrated. Kim does not teach the operation
`
`body further includes first ribs, which are formed on both sides of the display part on the
`
`operation surface and project upward, the first ribs extending in a direction orthogonal to
`
`a direction in which the operation body moves, and being higher in height than the
`
`display part. Van Hout teaches [Fig. 1] the operation body further includes first ribs [ribs
`
`adjacent to the “+/-“], which are formed on both sides of the display part on the
`
`operation surface and project upward, the first ribs extending in a direction orthogonal to
`
`a direction in which the operation body moves, and being higher in height than the
`
`display part.
`
`It would have been obvious to one of ordinary skill in the art at the time of
`
`the invention to combine the ribs of Van Hout with the switch of Kim in order to achieve
`
`the desired tactile feel.
`
`In regard to the limitation that the display part is printed on the
`
`operation surface, the method of forming the device is not germane to the issue of
`
`patentability of the device itself. Therefore, this limitation has not been given significant
`
`patentable weight. 145 USPQ 656 (CCPA 1965).
`
`In regard to claim 2, Kim and Van Hout teach the claimed invention except for the
`
`projection range of 0.4 mm to 2.0 mm from the operation surface. It would have been
`
`obvious to one of ordinary skill in the art at the time of the invention to provide the above
`
`specified projection range, since it has been held that were the general conditions of a
`
`claim are disclosed in the prior art, discovering the optimum or workable ranges
`
`involves only routine skill in the art. In re Aller, 105 USPQ 233.
`
`

`

`Application/Control Number: 12/969,717
`
`Page 4
`
`Art Unit: 2833
`
`In regard to claim 3, Kim does not teach the first ribs have a length not shorter
`
`than a length of the display part in the direction orthogonal to the direction in which the
`
`operation body moves or rotates. Van Hout teaches [Fig. 1] the first ribs have a length
`
`not shorter than a length of the display part in the direction orthogonal to the direction in
`
`which the operation body moves or rotates. It would have been obvious to one of
`
`ordinary skill in the art at the time of the invention to combine the ribs of Van Hout with
`
`the switch of Kim in order to achieve the desired tactile feel.
`
`In regard to claims 4 and 6, Kim does not teach the operation body further
`
`includes second ribs, the second ribs connecting both ends of the first ribs in the
`
`direction in which the operation body moves or rotates, wherein the first ribs and the
`
`second ribs are of a same height. Van Hout teaches [Fig. 1] the operation body further
`
`includes second ribs, the second ribs connecting both ends of the first ribs in the
`
`direction in which the operation body moves or rotates, wherein the first ribs and the
`
`second ribs are of a same height.
`
`It would have been obvious to one of ordinary skill in
`
`the art at the time of the invention to combine the ribs of Van Hout with the switch of
`
`Kim in order to achieve the desired tactile feel.
`
`In regard to claim 5, Kim and Van Hout teaches the claimed invention except for
`
`the projection range of 0.4 mm to 2.0 mm from the operation surface. It would have
`
`been obvious to one of ordinary skill in the art at the time of the invention to provide the
`
`above specified projection range, since it has been held that were the general
`
`

`

`Application/Control Number: 12/969,717
`
`Page 5
`
`Art Unit: 2833
`
`conditions of a claim are disclosed in the prior art, discovering the optimum or workable
`
`ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
`
`Conclusion
`
`Applicant's amendment necessitated the new grounds 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
`
`CFR1.136(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.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to LHEIREN MAE CAROC whose telephone number is
`
`(571)272-2730. The examiner can normally be reached on Monday to Thursday 8 am
`
`to 6 pm.
`
`

`

`Application/Control Number: 12/969,717
`
`Page 6
`
`Art Unit: 2833
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Renee Luebke can be reached on (571 )272—2009.
`
`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.
`
`/L.M.A.C./
`
`Examiner, Art Unit 2833
`
`Ar 5 luebke/
`
`Renee Luebke
`
`Supervisory Patent Examiner
`AU 2888
`
`

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