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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
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`15/463,577
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`03/20/2017
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`HARUKA KANEKO
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`20296.0095USW1
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`2294
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`mm” —HAMRE, SCHUMANN,MUELLER&LARSON p.c. m
`7590
`53148
`45 South Seventh Street
`WU, JERRY
`Suite 2700
`MINNEAPOLIS, MN 55402- 1683
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`PAPER NUMBER
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`ART UNIT
`2835
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`NOTIFICATION DATE
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`DELIVERY MODE
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`04/26/2018
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`ELECTRONIC
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`Please find below and/0r attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`PTOMail @hsml.com
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`PTOL—90A (Rev. 04/07)
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`Applicant(s)
`Application No.
` 15/463,577 KAN EKO ET AL.
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`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
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`2835J ERRY WU $233
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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).
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`In no event, however, may a reply be timely filed
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`-
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`Status
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`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
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`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
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`; the restriction requirement and election have been incorporated into this action.
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`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.
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`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
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`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
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`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20180421
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`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.
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`is/are objected to.
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`) )
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`_
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`are subject to restriction and/or election requirement.
`9)|:l Claim(s
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`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atents/init events"
`h/index.‘s
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`, or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
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`Application Papers
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`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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`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:
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`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
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`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.
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`Attachment(s)
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`Application/Control Number: 15/463,577
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`Page 2
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`Art Unit: 2835
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`DETAILED ACTION
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`Claim Objections
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`Claims 1—3 are objected to because of the following informalities:
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`1.
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`In claim 1 and dependent claims, “the second recessed part is provided with a through
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`hole located between the operation button and the touchpad, a support part is connected to the
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`operation button for supporting the operation button on the housing, and the support part extends
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`out of the second recessed part through the through hole and is fixed on the housing”, are
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`unclear. Fig 3 clearly shows the through hole (32b) is NOT located between the operation button
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`and the touchpad, it’s actually “below” instead. Further clarification is required.
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`2.
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`The Examiner respectfully requests that the Applicant(s) reView all claims for any such
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`similar issues.
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`Appropriate correction is required.
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`Drawings
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`1.
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`The drawings are objected to under 37 CFR l.83(a). The drawings must show every
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`feature of the invention specified in the claims. Therefore, the limitations, discussed in the
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`claim objections must be shown or the feature(s) canceled from the claim(s). No new matter
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`should be entered.
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`Application/Control Number: 15/463,577
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`Page 3
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`Art Unit: 2835
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`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
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`the Office action to avoid abandonment of the application. Any amended replacement drawing
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`sheet should include all of the figures appearing on the immediate prior version of the sheet,
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`even if only one figure is being amended. The figure or figure number of an amended drawing
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`should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure
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`must be removed from the replacement sheet, and where necessary, the remaining figures must
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`be renumbered and appropriate changes made to the brief description of the several views of the
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`drawings for consistency. Additional replacement sheets may be necessary to show the
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`renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an
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`application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
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`pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will
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`be notified and informed of any required corrective action in the next Office action. The
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`objection to the drawings will not be held in abeyance.
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`Claim Rejections - 35 USC § 102
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`In the event the determination of the status of the application as subject to AIA 35 USC.
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`102 and 103 (or as subject to pre—AIA 35 USC. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`The following is a quotation of the appropriate paragraphs of 35 USC. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`Application/Control Number: 15/463,577
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`Page 4
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`Art Unit: 2835
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`(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.
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`(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.
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`1.
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`Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by SUN
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`(US: 20050057525).
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`2.
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`With regard Claim 1, SUN teaches: An electronic device (abstract, fig 1 to fig 5), comprising: a
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`touchpad (61), an operation button (75), and a housing (at least fig 1 to fig 5, the housing to receive
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`61/75), the touchpad and the operation button being disposed in proximity to each other at an upper
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`surface part of the housing (at least fig 1 shows an upper surface part where the touchpad and the
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`operation button being disposed in proximity to each other), wherein the upper surface part of the housing
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`is formed with a first recessed part (at least fig 2, the recessed part in which the touchpad is disposed) in
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`which the touchpad is disposed and a second recessed part (at least fig 2, the recessed part in which the
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`operation button is disposed) in which the operation button is disposed, the second recessed part is
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`provided with a through hole (at least fig 2 to fig 4, the through hole allow the 63/64 to extends out)
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`located between the operation button and the touchpad (at least fig 4), a support part is connected to the
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`operation button (paragraph [42]—[51]; at least the structure included 65, and/or 62/63/64 which can make
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`contact with the operation button; Examiner consider as support part is connected to the operation button)
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`for supporting the operation button on the housing (see fig 1 to fig 4, the support part located below the
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`operation button and supporting the operation button), and the support part extends out of the second
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`recessed part through the through hole (at least fig 4, the portion 63/64 extends out of the second recessed
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`part through the through hole) and is fixed on the housing (at least fig 4).
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`Application/Control Number: 15/463,577
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`Page 5
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`Art Unit: 2835
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`3.
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`With regard claim 2, Sun further teaches: the support part extends below the first recessed part (at
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`least fig 4, Examiner consider the space receive 61 is the recessed part and the support parts extends
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`below, 63/64 are below the recessed where the 61 located, the recessed part as shows in fig 4) and is fixed
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`to a bottom face part (the bottom face part of 52’ or 50) of the first recessed part.
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`Claim Rejections - 35 USC § 103
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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
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`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.
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`4.
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`Claim 3 is rejected under 35 U.S.C. 103(a) as being unpatentable over SUN (US:
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`20050057525) in View of Mittleman (US: 20090272639).
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`5.
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`With regard claim 3, the above discussed art further disclosed the bottom face part of the
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`first recessed part is provided with a second through hole (at least fig 2 shows the 2nd through
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`hole to receive 64), and the support part is provided with, at a leading end (at least, Examiner
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`consider the end of 64 is leading end of the support part) of the support part.
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`Application/Control Number: 15/463,577
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`Page 6
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`Art Unit: 2835
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`The primary art discussed in the preceding claim disclosed all the subject matter except
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`for an engagement part for engagement with a peripheral edge part of the second through hole.
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`Mittleman further teaches similar extension unit comprising: an engagement part for
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`engagement with a peripheral edge part of through hole (compare fig 12 to fig 14, the extension
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`structure has an engagement part on one end or peripheral edge part of one opening, Examiner
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`consider as an engagement part for engagement with a peripheral edge part of through hole or
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`opening; see also fig 13, fig 14; Paragraph [70]—[79]).
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`It would have been obvious to one of ordinary skill in the art at the time of the invention
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`was made to include this feature (engagement part, engage with peripheral edge part of through
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`hole) and modify to previous discussed structure (the portion Where the leading end structure 64
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`of the support part with opening and/or through hole) so as to further secure the modified
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`structure.
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`Response to Arguments
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`3.
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`4.
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`Applicant's arguments have been fully considered but they are not persuasive.
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`With respect to the Applicants’ remarks that, “For at least the above reasons, Degner does
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`not disclose or suggest claim 1. Claim 1 is therefore patentable over Degner. Claims 2 and 3
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`ultimately depend from claim 1 and are patentable for at least the same reasons as claim 1.
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`Applicant does not concede the correctness of the rejection with respect to features not discussed
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`above. Applicant respectfully requests favorable reconsideration of the claims and Withdrawal of
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`the rejection” (pages 3 to the end).
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`Application/Control Number: 15/463,577
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`Page 7
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`Art Unit: 2835
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`Examiner’s Answer: the Examiner respectfully disagrees and notes that Applicant’s
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`arguments have been considered but are moot because the arguments do not apply to current
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`ground of rejection in the office action.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR l.l36(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR l.l36(a) will be calculated from the mailing date of the advisory action. In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to JERRY WU whose telephone number is (571)270—5420. The
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`examiner can normally be reached on Mon. — Thur. 8:30 AM — 7 PM.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, JAYPRAKASH GANDHI can be reached on 571—272—3740. The fax phone number
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`for the organization where this application or proceeding is assigned is 571—273—8300.
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