DETAILED ACTION
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 .
This Office Action is in response to applicant’s RCE filed on 6/16/26.
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 1-7 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.
Claim 1 requires the following:
PNG
media_image1.png
439
643
media_image1.png
Greyscale
At the instance, the limitation is indefinite.
The claim requires a detection part, a rotating part, a pushing portion and a rotation applying part. The claim fails to disclose where these elements are presented with respect to the cover and the housing.
Therefore, in order to continue with the examination, the claim will be interpreted and examined as the detection part being mounted on the housing, the rotating part being rotatably supported on the housing, the pushing portion supported on the cover and the rotation applying part, having one end connected to the rotating part and an opposed end connected to the housing (also cancellation of claim 3). Correction is required.
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.
Claim(s) 1-3, and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 4,858,969 to Lee.
PNG
media_image2.png
670
1050
media_image2.png
Greyscale
Regarding claim 1, Lee discloses an apparatus that comprises a housing (1); a cover (2) that is opened and closed on the housing; a detection part (8) that detects opening and closing of the cover using ON and OFF; a rotating part (5) that is rotatably supported and turns on and off the detection part; a pushing portion (front portion of element 3, see above for example) that comes into contact with the rotating part to rotate the rotating part in a case where the cover is closed; and a rotation applying part (12) that applies a rotational force to the rotating part rotated by the pushing portion in a direction in which the detection part is turned on in a case where the cover is closed.
The detection part is mounted on the housing; the rotating part is rotatably supported on the housing; the pushing portion supported on the cover.
As shown above, Lee illustrates that in a case where the rotating part turns on the detection part, the pushing portion is not in contact with the rotating part.
Lee fails to disclose that one end of the rotation applying part is connected to the rotating part, so that is movable between a 1st position, where the detection part is turned on, and a 2nd position, where the detection part is turned off, and the 1st position is closer to the detection part than the 2nd position.
Lee discloses that the rotation applying part is mounted to the housing in a different way.
PNG
media_image3.png
450
435
media_image3.png
Greyscale
However, as shown above, Lee also discloses that it is well known in the art to have a rotation applying part (15) having one end connected to the rotating part (5) and an opposed end connected to the housing (4).
PNG
media_image4.png
691
872
media_image4.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the rotation applying part described by Lee as one that has one end connected to the rotating part and an opposed end connected to the housing, as taught by the prior art shown in fig 4 by Lee, in order to provide a simpler way to provide a rotational force to the rotating part.
The combination will teach, as seen above, that the one end of the rotation applying part is connected to the rotating part; in a case where the rotating part turns on the detection part, the pushing portion is not in contact with the rotating part, and the one end of the rotation applying part is movable between a first position where the detection part is turned on and a second position where the detection part is turned off, and the first position is closer to the detection part than the second position.
As to claim 2, Lee teaches that a cumulative tolerance between the rotating part, the detection part, and the rotation applying part is configured to be smaller than a cumulative tolerance between the pushing portion and the rotating part.
As to claim 3, Lee teaches that the detection part, the rotating part, and the rotation applying part are provided in the housing and the pushing portion is provided on the cover.
PNG
media_image5.png
479
589
media_image5.png
Greyscale
As to claim 5, Lee discloses that the rotating part includes a push-down portion that is provided at one end of the rotating part and pushes down the detection part and a receiving portion that is provided at the other end of the rotating part and receives a pushing force from the pushing portion, and in a case where the push-down portion pushes down the detection part and the detection part is turned on, the pushing portion is not in contact with the receiving portion.
As to claim 6, Lee discloses that the receiving portion is moved in a direction intersecting a direction in which the pushing portion is moved, and retreats in a case where the rotation applying part applies the rotational force to the rotating part.
As to claim 7, Lee discloses that the detection part includes a push button that is turned on by being pushed down and an operation arm (8a) that is elastically deformed to push the push button.
In a case where the cover is closed, the push-down portion comes in to contact with the operation arm before the rotation applying part applies the rotational force to the rotating part in the direction in which the detection part is turned on and pushes the push button via the operation arm after contact between the pushing portion and the receiving portion is released.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 4,858,969 to Lee in view of US Pat No 10,746,411 to Ham et al (Ham).
Lee discloses that the rotation applying part is an elastic body that extends in a longitudinal direction and one end of the elastic body is connected to the rotating part, the rotating part is rotated about a rotating shaft.
However, Lee fails to disclose that the detection part, the rotating shaft, and the other end of the elastic body are held by an identical member. Lee teaches that the shaft and the other end of the elastic body are capable of being in an identical member (4), but the detection part is not.
PNG
media_image6.png
629
811
media_image6.png
Greyscale
Ham teaches that it is well known in the art to provide a similar apparatus that comprises a rotating part (42), rotating about a shaft (410), a detection part (61) and an elastic body (47, 48), wherein all these elements are positioned within an identical member (41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the rotating part, shaft, detection part the elastic body described by Lee, all positioned within an identical member, as taught by Ham, to locate all the elements in the same place.
Response to Arguments
Applicant’s arguments with respect to the previous prior art rejection to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In view of the amendment and further consideration of the prior art, a new rejection has been made on the record.
However, in view of that, the examiner is proposing the following amendment to claim 1 (will require amendment to some depending claims or cancellation of some claims):
Propose amendment to claim 1:
-An apparatus comprising:
a housing;
a cover that is opened and closed on the housing;
a detection part, being mounted on the housing, that detects opening and closing of the cover using ON and OFF;
a rotating part that is rotatably supported on the housing and turns on and off the detection part;
a pushing portion, being supported on the cover,
a rotation applying part that applies a rotational force to the rotating part rotated by the pushing portion in a direction in which the detection part is turned on in a case where the cover is closed,
wherein one end of the rotation applying part is connected to the rotating part and an opposed end connected to the housing;
in a case where the cover is closed, the pushing portion is configured to contact a receiving portion of the rotating part to rotate the rotating part, and during the rotation of the rotating part, the one end of the rotating part contacts the pushing portion, to move the pushing portion further into the housing;
in a case where the rotating part turns on the detection part, the pushing portion is not in contact with the rotating part; and
the one end of the rotation applying part is movable between a first position where the detection part is turned on and a second position where the detection part is turned off, and the first position is closer to the detection part than the second position.-.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS LUGO whose telephone number is (571)272-7058. The examiner can normally be reached M-F 9-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at (571)272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Carlos Lugo/
Primary Examiner
Art Unit 3675
August 27, 2026
Propose amendment to claim 1:
An apparatus comprising:
a housing;
a cover that is opened and closed on the housing;
a detection part, being mounted on the housing, that detects opening and closing of the cover using ON and OFF;
a rotating part that is rotatably supported on the housing and turns on and off the detection part;
a pushing portion, being supported on the cover,
a rotation applying part that applies a rotational force to the rotating part rotated by the pushing portion in a direction in which the detection part is turned on in a case where the cover is closed,
wherein one end of the rotation applying part is connected to the rotating part and an opposed end connected to the housing;
in a case where the cover is closed, the pushing portion is configured to contact a receiving portion of the rotating part to rotate the rotating part, and during the rotation of the rotating part, the one end of the rotating part contacts the pushing portion, to move the portion further into the housing;
in a case where the rotating part turns on the detection part, the pushing portion is not in contact with the rotating part; and
the one end of the rotation applying part is movable between a first position where the detection part is turned on and a second position where the detection part is turned off, and the first position is closer to the detection part than the second position.
Prosecution Insights