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 .
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 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 1-9, 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deng et al (CN218896578).
Re 1, Deng discloses a switch plate (6) for a computer peripheral device, comprising: a substrate (61) having an upper surface and a lower surface, wherein the substrate comprises a rigid polymeric material; and a gasket (62) coupled with the lower surface of the substrate, wherein: the substrate and the gasket are co-molded; and the gasket comprises a resilient polymeric material (details par 1-5, pg 11-12).
Re 2, wherein: at least a portion of the gasket extends laterally outward beyond a peripheral surface of the substrate (fig 6).
RE 3, wherein: the substrate and the gasket define a set of key apertures through a thickness of the switch plate (Fig 2-3, par 6).
RE 4, wherein: the substrate (61) defines at least one aperture through a thickness of the substrate; and a portion of the gasket (62) extends through the at least one aperture (Fig 6).
RE 5, wherein: the resilient polymeric material comprises a thermoplastic elastomer (TPE) (Details, par 4).
RE 6, wherein: an interface between the substrate and the gasket is substantially adhesive free (details par 5).
Re 7, wherein: a thickness of a substantial portion of the gasket is between 1.5 mm and 3.5 mm (background).
Re 8, Deng discloses a keyboard (Fig 1), comprising: a switch plate (6), comprising: a substrate having an upper surface and a lower surface, wherein the substrate (61) comprises a rigid polymeric material; and a gasket (62) coupled with the lower surface of the substrate, wherein: the substrate and the gasket are co-molded; the gasket comprises a resilient polymeric material (details par 1-5, pg 11-12); and the switch plate defines a set of key apertures through a thickness of the switch plate (par 6); a printed circuit board (PCB) (5) disposed below the switch plate ;a set of key switches (3) mounted on the PCB, wherein each of the set of key switches extend through a respective one of the set of key apertures (Fig 1); and a bottom case (1) that supports the PCB and the switch plate.
RE 9, wherein: the switch plate forms a topmost structural component of the keyboard (Fig 5).
RE 11, wherein: a portion of the gasket is disposed between a lower surface of each of the set of key switches and an upper surface of the PCB (Fig 6).
RE 12, wherein: the switch plate (6) and the bottom case (11) are secured together using a set of limited height screws (15) that limit a default level of compression of the gasket (also Shown in CN219512991, Fig 2).
RE 13, wherein: a portion (63) of the gasket is present between the substrate and the bottom case at substantially all contact interfaces between the switch plate and the bottom case (Fig 6).
Re 14, wherein: the substrate (61) defines a button aperture (Fig 2); a portion of the gasket extends through the button aperture and protrudes above a upper surface of the substrate; the PCB comprises a button that is aligned with the button aperture; and a portion of the button extends above the upper surface of the substrate and is covered by the portion of the gasket.
RE 15, a bottom rubber cushion (13) disposed between the PCB (4) and the bottom case (par 2, 5-7, also Shown in CN219512991, Fig).
Claims 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (CN105304389).
Re 16, Yang discloses a computer peripheral device (Fig 1), comprising: a switch plate (20), comprising: a substrate (204) having an upper surface and a lower surface, wherein the substrate comprises a rigid polymeric material; and a gasket (202) coupled with the lower surface of the substrate, wherein: the substrate and the gasket are co-molded; the gasket comprises a resilient polymeric material; and the switch plate comprises a light transmission region (206); and at least one light emitting element (18) disposed beneath the switch plate, wherein the at least one light emitting element is disposed beneath the light transmission region (details par 2-3, Fig 2-5).
RE 17, wherein: the gasket has a variable thickness in the light transmission region (Fig 4-5).
Re 18, wherein: the light transmission region (203) comprises one or both of translucent materials and transparent materials (par 2-5).
Re19, wherein: within the light transmission region a portion of the gasket extends to an upper surface of the substrate (Fig 5 par 2-5).
RE 20, wherein: within the light transmission region, the gasket comprises a set of upward extending protrusions (Fig 5 par 2-5).
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(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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 10 is rejected under 35 U.S.C. 103(a) as being unpatentable over Deng in view of English et al (US5430263).
Deng discloses a keyboard comprising: a switch plate comprising a substrate and a gasket, and a PCB below the switch plate.
Deng fails to disclose the gasket comprises a number of downward-extending protrusions that are insertable within slots formed within the bottom case to form support feet that extend below a lower surface of the bottom case.
However, English teaches a computer keyboard (50, Fig 3, 4A) comprising a PCB (80) with a switch membrane (136, 138) below a dome sheet (150) formed of a resilient insulative material, such as rubber or an elastomeric material, and has multiple resilient and collapsible domes (152-156) appropriately spaced on dome sheet to align with corresponding switch contacts (142a/142b-146a/146b) of the PCB (col 4 ln 35-42). Dome sheet (150) also includes a raised portion (164) positioned at one peripheral end; the raised portion extends through an opening (166) formed in bottom enclosure portion (122). The raised portion (164) operates as a pad or platform peg to support the front end of computer keyboard (50). This construction (col 4 ln 55-64).
Given the teachings of English, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the gasket of Deng with a number of downward-extending protrusions that are insertable within slots formed within the bottom case to form support feet that extend below a lower surface of the bottom case.
Doing so would eliminate the use of separate rubber pegs which are typically mounted to the exterior of the enclosure after the keyboard has been assembled and reduce material costs and assembly time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christle I. Marshall whose telephone number is (571) 270-3086. The examiner can normally be reached on Monday – Friday 7:30AM - 4:00PM.
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/Christle I Marshall/
Primary Examiner, Art Unit 2876