throbber
vs! “111%
`\.\_:
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`15/463,577
`
`03/20/2017
`
`HARUKA KANEKO
`
`20296.0095USW1
`
`2294
`
`mm” —HAMRE, SCHUMANN,MUELLER&LARSON p.c. m
`7590
`53148
`45 South Seventh Street
`WU, JERRY
`Suite 2700
`MINNEAPOLIS, MN 55402- 1683
`
`PAPER NUMBER
`
`ART UNIT
`2835
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/26/2018
`
`ELECTRONIC
`
`Please find below and/0r 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):
`PTOMail @hsml.com
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 15/463,577 KAN EKO ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2835J ERRY WU $233
`
`-- 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 g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions 0137 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 12/20/18.
`[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) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180421
`
`Disposition of Claims*
`5)|XI Claim(s) flis/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s E 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)|Z| The drawing(s) filed on 3/20/17is/are: a)I:I accepted or b)lZl 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.
`
`Attachment(s)
`
`
`
`

`

`Application/Control Number: 15/463,577
`
`Page 2
`
`Art Unit: 2835
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`Claim Objections
`
`Claims 1—3 are objected to because of the following informalities:
`
`1.
`
`In claim 1 and dependent claims, “the second recessed part is provided with a through
`
`hole located between the operation button and the touchpad, a support part is connected to the
`
`operation button for supporting the operation button on the housing, and the support part extends
`
`out of the second recessed part through the through hole and is fixed on the housing”, are
`
`unclear. Fig 3 clearly shows the through hole (32b) is NOT located between the operation button
`
`and the touchpad, it’s actually “below” instead. Further clarification is required.
`
`2.
`
`The Examiner respectfully requests that the Applicant(s) reView all claims for any such
`
`similar issues.
`
`Appropriate correction is required.
`
`Drawings
`
`1.
`
`The drawings are objected to under 37 CFR l.83(a). The drawings must show every
`
`feature of the invention specified in the claims. Therefore, the limitations, discussed in the
`
`claim objections must be shown or the feature(s) canceled from the claim(s). No new matter
`
`should be entered.
`
`

`

`Application/Control Number: 15/463,577
`
`Page 3
`
`Art Unit: 2835
`
`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
`
`the Office action to avoid abandonment of the application. Any amended replacement drawing
`
`sheet should include all of the figures appearing on the immediate prior version of the sheet,
`
`even if only one figure is being amended. The figure or figure number of an amended drawing
`
`should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure
`
`must be removed from the replacement sheet, and where necessary, the remaining figures must
`
`be renumbered and appropriate changes made to the brief description of the several views of the
`
`drawings for consistency. Additional replacement sheets may be necessary to show the
`
`renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an
`
`application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
`
`pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will
`
`be notified and informed of any required corrective action in the next Office action. The
`
`objection to the drawings will not be held in abeyance.
`
`Claim Rejections - 35 USC § 102
`
`In the event the determination of the status of the application as subject to AIA 35 USC.
`
`102 and 103 (or as subject to pre—AIA 35 USC. 102 and 103) is incorrect, any correction of the
`
`statutory basis 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 the appropriate paragraphs of 35 USC. 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 —
`
`

`

`Application/Control Number: 15/463,577
`
`Page 4
`
`Art Unit: 2835
`
`(a)(l) the claimed invention was patented, described in a printed publication, or in
`public use, on sale or otherwise available to the public before the effective filing
`date of the claimed invention.
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or
`in an application for patent published or deemed published under section 122(b),
`in which the patent or application, as the case may be, names another inventor and
`was effectively filed before the effective filing date of the claimed invention.
`
`1.
`
`Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by SUN
`
`(US: 20050057525).
`
`2.
`
`With regard Claim 1, SUN teaches: An electronic device (abstract, fig 1 to fig 5), comprising: a
`
`touchpad (61), an operation button (75), and a housing (at least fig 1 to fig 5, the housing to receive
`
`61/75), the touchpad and the operation button being disposed in proximity to each other at an upper
`
`surface part of the housing (at least fig 1 shows an upper surface part where the touchpad and the
`
`operation button being disposed in proximity to each other), wherein the upper surface part of the housing
`
`is formed with a first recessed part (at least fig 2, the recessed part in which the touchpad is disposed) in
`
`which the touchpad is disposed and a second recessed part (at least fig 2, the recessed part in which the
`
`operation button is disposed) in which the operation button is disposed, the second recessed part is
`
`provided with a through hole (at least fig 2 to fig 4, the through hole allow the 63/64 to extends out)
`
`located between the operation button and the touchpad (at least fig 4), a support part is connected to the
`
`operation button (paragraph [42]—[51]; at least the structure included 65, and/or 62/63/64 which can make
`
`contact with the operation button; Examiner consider as support part is connected to the operation button)
`
`for supporting the operation button on the housing (see fig 1 to fig 4, the support part located below the
`
`operation button and supporting the operation button), and the support part extends out of the second
`
`recessed part through the through hole (at least fig 4, the portion 63/64 extends out of the second recessed
`
`part through the through hole) and is fixed on the housing (at least fig 4).
`
`

`

`Application/Control Number: 15/463,577
`
`Page 5
`
`Art Unit: 2835
`
`3.
`
`With regard claim 2, Sun further teaches: the support part extends below the first recessed part (at
`
`least fig 4, Examiner consider the space receive 61 is the recessed part and the support parts extends
`
`below, 63/64 are below the recessed where the 61 located, the recessed part as shows in fig 4) and is fixed
`
`to a bottom face part (the bottom face part of 52’ or 50) of the first recessed part.
`
`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 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 of this
`title, 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.
`
`4.
`
`Claim 3 is rejected under 35 U.S.C. 103(a) as being unpatentable over SUN (US:
`
`20050057525) in View of Mittleman (US: 20090272639).
`
`5.
`
`With regard claim 3, the above discussed art further disclosed the bottom face part of the
`
`first recessed part is provided with a second through hole (at least fig 2 shows the 2nd through
`
`hole to receive 64), and the support part is provided with, at a leading end (at least, Examiner
`
`consider the end of 64 is leading end of the support part) of the support part.
`
`

`

`Application/Control Number: 15/463,577
`
`Page 6
`
`Art Unit: 2835
`
`The primary art discussed in the preceding claim disclosed all the subject matter except
`
`for an engagement part for engagement with a peripheral edge part of the second through hole.
`
`Mittleman further teaches similar extension unit comprising: an engagement part for
`
`engagement with a peripheral edge part of through hole (compare fig 12 to fig 14, the extension
`
`structure has an engagement part on one end or peripheral edge part of one opening, Examiner
`
`consider as an engagement part for engagement with a peripheral edge part of through hole or
`
`opening; see also fig 13, fig 14; Paragraph [70]—[79]).
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`was made to include this feature (engagement part, engage with peripheral edge part of through
`
`hole) and modify to previous discussed structure (the portion Where the leading end structure 64
`
`of the support part with opening and/or through hole) so as to further secure the modified
`
`structure.
`
`Response to Arguments
`
`3.
`
`4.
`
`Applicant's arguments have been fully considered but they are not persuasive.
`
`With respect to the Applicants’ remarks that, “For at least the above reasons, Degner does
`
`not disclose or suggest claim 1. Claim 1 is therefore patentable over Degner. Claims 2 and 3
`
`ultimately depend from claim 1 and are patentable for at least the same reasons as claim 1.
`
`Applicant does not concede the correctness of the rejection with respect to features not discussed
`
`above. Applicant respectfully requests favorable reconsideration of the claims and Withdrawal of
`
`the rejection” (pages 3 to the end).
`
`

`

`Application/Control Number: 15/463,577
`
`Page 7
`
`Art Unit: 2835
`
`Examiner’s Answer: the Examiner respectfully disagrees and notes that Applicant’s
`
`arguments have been considered but are moot because the arguments do not apply to current
`
`ground of rejection in the 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 l.l36(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 l.l36(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 JERRY WU whose telephone number is (571)270—5420. The
`
`examiner can normally be reached on Mon. — Thur. 8:30 AM — 7 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, JAYPRAKASH GANDHI can be reached on 571—272—3740. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571—273—8300.
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket