DETAILED ACTION
This is a non-final Office action in reply to the response filed 10/10/2025.
Status of Claims
Claims 1-19 are pending;
Claims 1-18 are original; claim 19 has been withdrawn;
Claims 1-18 are rejected herein.
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 .
Election/Restrictions
Applicant's election without traverse of Invention I (claims 1-18) in the reply filed 10/10/2025 is acknowledged.
Claim 19 has been withdrawn by the Examiner from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted 10/19/20222 has been considered by the Examiner.
Claim Interpretation
Regarding claim 2, the limitations "wherein the cam has a shape, of which a distance between an outer surface thereof and the first axis varies" are recited in lines 13 and 14. The limitation "of which a distance" is considered as --a distance of the shape--, since the limitation "a shape," is recited immediately before the language "of which" in the claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, there is insufficient antecedent basis for the limitation "the pressing" (lines 10 and 11) in the claim. Appropriate correction is required.
Regarding claim 2, the limitations "wherein the cam has a shape, of which a distance between an outer surface thereof and the first axis varies" in lines 13 and 14 are indefinite. It is not clear as to what element (i.e., the "cam" or the "shape") the limitation "thereof" refers to. Appropriate correction is required.
Regarding claim 14, the limitation "a second elastic member" in claim 14 (line 3) is indefinite. Note that none of the base claim (i.e., claim 1) and the intervening claims (i.e., claims 11 and 12) recite --a first elastic member--. As such, it is not clear as to whether claim 14 requires --a first elastic member-- in addition to the "second elastic member" as claimed. Appropriate correction is required.
Regarding claim 15, the limitation "a third elastic member" in claim 15 (line 3) is indefinite. Note that none of the base claim (i.e., claim 1) and the intervening claims (i.e., claims 11 and 12) recite --a first elastic member-- and --a second elastic member--. As such, it is not clear as to whether claim 15 requires --a first elastic member-- and --a second elastic member-- in addition to the "third elastic member" as claimed. Appropriate correction is required.
Regarding claim 16, the limitation "a slotted second guide hole" in claim 16 (lines 1 and 2) is indefinite. Note that none of the base claim (i.e., claim 1) and the intervening claim (i.e., claim 11) recite --a slotted first guide hole--. As such, it is not clear as to whether claim 16 requires --a slotted first guide hole-- in addition to the "slotted second guide hole" as claimed. Appropriate correction is required.
Regarding claim 17, the limitation "a slotted third guide hole" in claim 17 (lines 1 and 2) is indefinite. Note that none of the base claim (i.e., claim 1) and the intervening claim (i.e., claim 11) recite --a slotted first guide hole-- and --a slotted second guide hole--. As such, it is not clear as to whether claim 17 requires --a slotted first guide hole-- and --a slotted second guide hole-- in addition to the "slotted third guide hole" as claimed. Appropriate correction is required.
Regarding claim 18, the limitation "an opposite direction to the second direction" in claim 18 (lines 7 and 8) is indefinite. It is not clear as to whether the limitation "an opposite direction to the second direction" in claim 18 (lines 7 and 8) and the limitation "an opposite direction to the second direction" in claim 12 (lines 3 and 4) refers to the same direction or different directions, since claim 18 depends from claim 12. Appropriate correction is required.
Claims 3-13 are rejected as being dependent from a rejected claim.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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 otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 11, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (KR 20020055240 A)1.
Regarding claim 1, Lee discloses an apparatus (see Figure 2) comprising: a body (10, fig 2); a rotary part (20, fig 2) coupled to the body to be rotatable about an upwardly extending first axis (see Figures 1-6, see translation, pages 2-4); a display (60, fig 3) coupled to an upper side of the rotary part (see Figures 1-6, see translation, pages 2-4); and a pressing part (31, fig 2) coupled to a side surface of the body (see Figures 1-6, see translation, pages 2-4), and configured to, when pressed, allow rotation of the rotary part in a first direction (see Figures 1-6, see translation, pages 2-4), wherein the rotary part was constrained prior to the pressing of the pressing part (see Figures 1-6, see translation, pages 2-4).
Regarding claim 11, wherein the body comprises: a stopping member (31a, fig 3) connected to the pressing part (see Figures 1-6), and configured to be moved in an opposite direction to a movement direction of the pressing part (see Figures 1-6, the stopping member 31a is configured to perform the above intended use, e.g., to be moved in a leftward direction in Figure 3 by the restoring spring 33, where the leftward direction in Figure 3 is an opposite direction to a rightward movement direction in Figure 3 of the pressing part 31 when pushed rightward in Figure 3), wherein a state, in which the rotary part is constrained with respect to the body, is defined as a first state (see Figures 1-6, see translation, pages 2-4) and a state, in which the rotary part is rotated from the first state along the first direction, is defined as a second state (see Figures 1-6, see translation, pages 2-4), wherein a stopping recess (22, fig 3), into which the stopping member is inserted in the first state, is formed in the rotary part (see Figures 1-6, see translation, pages 2-4).
Claims 1 and 11-15, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brunhoff et al. (US 426,765), hereinafter Brunhoff.
Regarding claim 1, Brunhoff discloses an apparatus (see Figure 1) comprising: a body (C, fig 1); a rotary part (A, fig 1) coupled to the body to be rotatable about an upwardly extending first axis (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8); a display (B, fig 1) coupled to an upper side of the rotary part (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8); and a pressing part (f, f', fig 3) coupled to a side surface of the body (see Figures 1-3), and configured to, when pressed, allow rotation of the rotary part in a first direction (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8), wherein the rotary part was constrained prior to the pressing of the pressing part (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8).
Regarding claim 11, wherein the body comprises: a stopping member (D, fig 3) connected to the pressing part (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8), and configured to be moved in an opposite direction to a movement direction of the pressing part (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8), wherein a state, in which the rotary part is constrained with respect to the body, is defined as a first state (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8) and a state, in which the rotary part is rotated from the first state along the first direction, is defined as a second state (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8), wherein a stopping recess (a, fig 3), into which the stopping member is inserted in the first state, is formed in the rotary part (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8).
Regarding claim 12, wherein when the pressing part is pressed toward a second direction, the stopping member is moved in an opposite direction to the second direction to deviate from the stopping recess (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8).
Regarding claim 13, wherein the body further comprises: a rotary member (d, fig 3) configured to be rotatable about a second axis (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8), and connected to the pressing part and the stopping member (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8), and wherein the second axis is disposed between the pressing part and the stopping member (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8).
Regarding claim 14, wherein the body further comprises: a second elastic member (F, fig 3) configured to press the pressing part in an opposite direction to the second direction (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8).
Regarding claim 15, wherein the body further comprises: a third elastic member (F, fig 3) configured to press the stopping member in the second direction (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8).
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 16 and 17, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Brunhoff et al. (US 426,765), hereinafter Brunhoff, in view of Johnson (US 472,886).
Regarding claim 16, Brunhoff discloses the apparatus, wherein the body further comprises: a second guide member (d, fig 3) configured to guide movement of the pressing part in the leftward/rightward directions (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8).
Brunhoff does not disclose the apparatus, wherein a slotted second guide hole extending along leftward/rightward directions is formed in the pressing part, and wherein the second guide member is configured to be inserted into the second guide hole.
Johnson teaches an apparatus (see Figure 1) comprising: a body (A, H, I, fig 1); and a pressing part (J, fig 2) coupled to a side surface of the body (see Figure 1, see lines 25-87); wherein the body comprises a stopping member (I, fig 2) connected to the pressing part (see Figures 1 and 2, see lines 25-87), and configured to be moved in an opposite direction to a movement direction of the pressing part (see Figures 1 and 2, see lines 25-87); wherein a slotted second guide hole (J1, fig 2, see annotation, see lines 47-50, the hole formed in the pressing part J) extending along leftward/rightward directions is formed in the pressing part (see Figures 1 and 2, see lines 25-87); and wherein the body further comprises a second guide member (K, fig 2) configured to be inserted into the second guide hole (see Figures 1 and 2, see lines 25-87), and configured to guide movement of the pressing part in the leftward/rightward directions (see Figures 1 and 2, see lines 25-87).
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Brunhoff and Johnson are analogous art because they are at least from a similar problem solving area, i.e., facilitating locking with latches. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form a slotted second guide hole (Johnson: J1, fig 2, see annotation) extending along leftward/rightward directions in the pressing part (Brunhoff: f, f', fig 3; Johnson: see Figures 1 and 2, see lines 25-87) and couple the second guide member (Brunhoff: d, fig 3) to the pressing part by fitting an end of the second guide member in the slotted second guide hole (Johnson: see Figures 1 and 2, see lines 25-87), wherein the body further comprises the second guide member configured to be inserted into the second guide hole (Johnson: see Figures 1 and 2, see lines 25-87) and configured to guide movement of the pressing part in the leftward/rightward directions (Johnson: see Figures 1 and 2, see lines 25-87), as taught by Johnson, with a reasonable expectation of success. The motivation would have been to facilitate easier assembly of the gate latch. Therefore, it would have been obvious to combine Brunhoff and Johnson to obtain the invention as specified in claim 16.
Regarding claim 17, Brunhoff discloses the apparatus, wherein the body further comprises: a third guide member (d, fig 3) configured to guide movement of the stopping member in the leftward/rightward directions (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8).
Brunhoff does not disclose the apparatus, wherein a slotted third guide hole extending along leftward/rightward directions is formed in the stopping member, and wherein the third guide member is configured to be inserted into the third guide hole.
Johnson teaches an apparatus (see Figure 1) comprising: a body (A, H, I, fig 1); and a pressing part (J, fig 2) coupled to a side surface of the body (see Figure 1, see lines 25-87); wherein the body comprises a stopping member (I, fig 2) connected to the pressing part (see Figures 1 and 2, see lines 25-87), and configured to be moved in an opposite direction to a movement direction of the pressing part (see Figures 1 and 2, see lines 25-87); wherein a slotted third guide hole (I1, fig 2, see annotation, see lines 47-50, the hole formed in the stopping member I) extending along leftward/rightward directions is formed in the stopping member (see Figures 1 and 2, see lines 25-87), and wherein the body further comprises: a third guide member (K, fig 2) configured to be inserted into the third guide hole (see Figures 1 and 2, see lines 25-87), and configured to guide movement of the stopping member in the leftward/rightward directions (see Figures 1 and 2, see lines 25-87).
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Brunhoff and Johnson are analogous art because they are at least from a similar problem solving area, i.e., facilitating locking with latches. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form a slotted third guide hole (Johnson: I1, fig 2, see annotation) extending along leftward/rightward directions in the stopping member (Brunhoff: D, fig 3; Johnson: see Figures 1 and 2, see lines 25-87) and couple the third guide member (Brunhoff: d, fig 3) to the stopping member by fitting an end of the third guide member in the slotted third guide hole (Johnson: see Figures 1 and 2, see lines 25-87), wherein the body further comprises the third guide member configured to be inserted into the third guide hole (Johnson: see Figures 1 and 2, see lines 25-87) and configured to guide movement of the stopping member in the leftward/rightward directions (Johnson: see Figures 1 and 2, see lines 25-87), as taught by Johnson, with a reasonable expectation of success. The motivation would have been to facilitate easier assembly of the gate latch. Therefore, it would have been obvious to combine Brunhoff and Johnson to obtain the invention as specified in claim 17.
Claim 18, as best understood, is rejected under 35 U.S.C. 103 as being unpatentable over Brunhoff et al. (US 426,765), hereinafter Brunhoff, in view of Propert et al. (US 1,347,292), hereinafter Propert.
Regarding claim 18, Brunhoff discloses the apparatus, wherein the rotary part further comprises: a surface member (a', fig 3) located on a side of the stopping recess (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8) and having a surface to contact the stopping member when the surface member returns from the second state to the first state so as to move the stopping member in an opposite direction to the second direction (see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8).
Brunhoff does not disclose the apparatus, wherein the surface of the surface member is an inclined surface, and the surface member is an inclined surface member.
Propert teaches an apparatus (see Figure 1) comprising: a stopping member (E, fig 1) configured to be moved in a second direction (see Figures 1-4, see lines 31-69); a stopping recess (B1, fig 1, see annotation, the stopping recess of the body frame B to receive the inclined surface member D and the stopping member E), into which the stopping member is inserted (see Figures 1-4, see lines 31-69); an inclined surface member (D, fig 1) located on a side of the stopping recess (see Figures 1-4, see lines 31-69) and having an inclined surface (see Figures 1-4, see lines 36-40, the corresponding incline on the inclined surface member D) to contact the stopping member so as to move the stopping member in an opposite direction to the second direction (see Figures 1-4, see lines 31-69).
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Brunhoff and Propert are analogous art because they are at least from a similar problem solving area, i.e., facilitating locking with latches. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the surface member (Brunhoff: a', fig 3) as an inclined surface member (Propert: D, fig 1) having an inclined surface (Propert: see Figures 1-4, see lines 36-40, the corresponding incline on the inclined surface member D) to contact the stopping member when the inclined surface member returns from the second state to the first state so as to move the stopping member in an opposite direction to the second direction (Propert: see Figures 1-4, see lines 31-69; Brunhoff: see Figures 1-3, see page 1, lines 39-100, page 2, lines 1-8), as taught by Propert, with a reasonable expectation of success. The motivation would have been to facilitate smooth entry of the latch bolt into the locking recess. Therefore, it would have been obvious to combine Brunhoff and Propert to obtain the invention as specified in claim 18.
Claims 1-6 and 10, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Ko et al. (US 2008/0055829 A1), hereinafter Ko, in view of Park et al. (US 2005/0202856 A1), hereinafter Park.
Regarding claim 1, Ko discloses an apparatus (see Figure 7) comprising: a body (2, 110, 120, 130, 140, figs 2 & 7, see annotation, see paragraph 0099, the reference number 2 refers to the supporter 2); a rotary part (3a, fig 7, see annotation, see paragraphs 0100, 0104, and 0125, the rotary frame of the display 3) coupled to the body to be rotatable about an upwardly extending first axis (see Figures 2-7, see paragraphs 0097-0121); and a display (3b, fig 7, see annotation, see paragraphs 0100, 0104, and 0125, the display part of the display 3) coupled to an upper side of the rotary part (see Figures 2-7, see paragraphs 0097-0121).
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Ko does not disclose the apparatus, further comprising: a pressing part coupled to a side surface of the body, and configured to, when pressed, allow rotation of the rotary part in a first direction, wherein the rotary part was constrained prior to the pressing of the pressing part.
Park teaches an apparatus (100, fig 4) comprising: a body (101, fig 4); a rotary part (102, fig 4) coupled to the body to be rotatable about an upwardly extending first axis (A, fig 4, see Figures 1-8, see paragraphs 0026-0045); and a pressing part (301, fig 4) coupled to a side surface of the body (see Figures 1-8, see paragraphs 0026-0045), and configured to, when pressed, allow rotation of the rotary part in a first direction (see Figures 1-8, see paragraphs 0026-0045), wherein the rotary part was constrained prior to the pressing of the pressing part (see Figures 1-8, see paragraphs 0026-0045).
Ko and Park are analogous art because they are at least from the same field of endeavor, i.e., display devices. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to provide a pressing part (Park: 301, fig 4) coupled to a side surface of the body (Ko: 2, 110, 120, 130, 140, figs 2 & 7, see annotation; Park: see Figures 1-8, see paragraphs 0026-0045), and configured to, when pressed, allow rotation of the rotary part (Ko: 3a, fig 7, see annotation) in a first direction (Park: see Figures 1-8, see paragraphs 0026-0045), wherein the rotary part was constrained prior to the pressing of the pressing part (Park: see Figures 1-8, see paragraphs 0026-0045), as taught by Park, with a reasonable expectation of success. The motivation would have been to securely keep the display in the unrotated configuration when not in use. Therefore, it would have been obvious to combine Ko and Park to obtain the invention as specified in claim 1.
Regarding claim 2, wherein the body comprises: a body member (Ko: 2a, fig 7, see annotation, see paragraph 0099, the supporter 2); a cam (Ko: 141, fig 3) coupled to the body member to be rotatable about the first axis (Ko: see Figures 2-7, see paragraphs 0097-0121), and fixedly coupled to the rotary part (Ko: see Figures 2-7, see paragraphs 0097-0121); a bearing (Ko: 145, fig 3) configured to contact the cam and rotate in conjunction with rotation of the cam (Ko: see Figures 2-7, see paragraphs 0097-0121); and a sliding member (Ko: 142, fig 3), to which the bearing is rotatably coupled (Ko: see Figures 2-7, see paragraphs 0097-0121), configured to move in a second direction, in which the sliding member becomes closer to the first axis (Ko: see Figures 2-7, see paragraphs 0097-0121), and a third direction, in which the sliding member becomes farther from the first axis (Ko: see Figures 2-7, see paragraphs 0097-0121), and wherein the cam has a shape, of which a distance between an outer surface thereof and the first axis varies along a circumferential direction on a plane that is perpendicular to the first axis (Ko: see Figures 2-7, see paragraphs 0097-0121).
Regarding claim 3, wherein a state, in which the rotary part is constrained with respect to the body, is defined as a first state (see Figure 6), and a state, in which the rotary part is rotated from the first state along the first direction, is defined as a second state (see Figure 4), wherein the cam comprises: a first part (141b, fig 3) that contacts the bearing in the first state (see Figures 3 and 6); and a second part (141a, fig 3) that contacts the bearing in the second state (see Figures 3 and 4), and wherein a spacing distance from the first part to the first axis is larger than a spacing distance from the second part to the first axis (see Figures 3-6).
Regarding claim 4, wherein a state, in which the rotary part is maximally rotated from the first state along the first direction, is defined as a third state (see Figure 5), the cam further comprising: a third part (141c, fig 5, see annotation, the peripheral part adjacent to the first part 141b) that contacts the bearing in the third state (see Figure 5), wherein a spacing distance from the third part to the first axis is larger than the spacing distance from the second part to the first axis (see Figures 3-6).
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Regarding claim 5, wherein the body further comprises: a first elastic member (Ko: S, fig 2) connecting the body member and the sliding member (Ko: see Figures 2-7), and wherein the bearing is moved closer to the cam by the sliding member as the sliding member is elastically pulled closer to the cam by the first elastic member to press the cam (Ko: see Figures 2-7).
Regarding claim 6, wherein a slotted first guide hole (Ko: 142a, fig 4) extending along leftward/rightward directions is formed in the sliding member (Ko: see Figure 4), and wherein the body further comprises: a first guide member (Ko: S, fig 4) configured to be inserted into the first guide hole, and configured to guide movement of the sliding member in the leftward/rightward directions (Ko: see Figures 2-7).
Regarding claim 10, wherein the cam has a shape, in which a spacing distance from an area, in which the bearing and the cam contact each other, to the first axis decreases as the cam goes from the first state to the second state (Ko: see Figures 3-6).
Allowable Subject Matter
Claims 7-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. See the attached PTO-892 for various apparatuses.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Guang H Guan whose telephone number is (571) 272-7828. The examiner can normally be reached weekdays (10:00 AM - 6:00 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631
1 A copy of Lee, including a translation, is attached to the current Office action.