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 .
Response to Amendment
Receipt is acknowledged of applicant’s amendment filed on April 24, 2026. Claims 2, 10 have been canceled without prejudice. Claims 1, 8, 16 have been amended. Claims 1, 3-9, 11-20 are pending and an action on the merits is as follows.
Claim Objections
Claim 1 is objected to because of the following informalities: “xtend” requires a spell check. Appropriate correction is required.
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 1, 3-9, 11-15 are rejected under 35 U.S.C. 103(a) as being unpatentable over Deng et al (CN218896578) in view of English et al (US5430263).
Re 1, Deng discloses a switch plate (6) for a computer peripheral device, comprising: a substrate (61) having an upper surface, a lower surface, and a peripheral surface (Fig 3, Fig 6), 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, the gasket comprises a number of downward-extending protrusions (63) through apertures and support feet (13) (details par 1-5, pg 11-12).
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, the gasket comprises a number of downward-extending protrusions (63) insertable within slots, and support feet (13).
Deng fails to disclose the gasket comprises a plurality 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 of the computer peripheral device.
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) downwardly extending through an opening (166) formed in bottom enclosure portion (122) of the keyboard (50). The raised portion (164) operates as a pad or platform peg to support the front end of computer keyboard (50)(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 support feet typically mounted to the exterior of the enclosure after the keyboard has been assembled and reduce material costs and assembly time because the support feet extend through the keyboard housing to the bottom.
RE 3 Deng as modified by English teaches, 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 Deng as modified by English teaches, 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 Deng as modified by English teaches, wherein: the resilient polymeric material comprises a thermoplastic elastomer (TPE) (Details, par 4).
RE 6 Deng as modified by English teaches, wherein: an interface between the substrate and the gasket is substantially adhesive free (details par 5).
Re 7 Deng as modified by English teaches, wherein: a thickness of a substantial portion of the gasket is between 1.5 mm and 3.5 mm (background).
RE 9 Deng as modified by English teaches, wherein: the switch plate forms a topmost structural component of the keyboard (Fig 5).
RE 11 Deng as modified by English teaches, 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 Deng as modified by English teaches, 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 Deng as modified by English teaches, 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 Deng as modified by English teaches, 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 Deng as modified by English teaches, a bottom rubber cushion (7) disposed between the PCB (5) and the bottom case (Fig 1).
Claims 16-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Yang (CN105304389) in view of English et al (US5430263)
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).
Yang fails to disclose the gasket portion extends from the lower surface of the substrate to an upper surface of the substrate.
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) downwardly extending through an opening (166) formed in bottom enclosure portion (122) of the keyboard (50). The raised portion (164) operates as a pad or platform peg to support the front end of computer keyboard (50)(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 Yang with the gasket portion extending from the lower surface of the substrate to an upper surface of the substrate.
Doing so would eliminate the use of separate support feet typically mounted to the exterior of the enclosure after the keyboard has been assembled and reduce material costs and assembly time because the support feet extend through the keyboard housing to the bottom.
RE 17 Yang as modified by English teaches, wherein: the gasket has a variable thickness in the light transmission region (Fig 4-5).
Re 18 Yang as modified by English teaches, wherein: the light transmission region (203) comprises one or both of translucent materials and transparent materials (par 2-5).
Re19 Yang as modified by English teaches, 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 Yang as modified by English teaches, wherein: within the light transmission region, the gasket comprises a set of upward extending protrusions (Fig 5 par 2-5).
Response to Arguments
Applicant's arguments filed April 24, 2026 have been fully considered but they are not persuasive. Applicant argues Deng fails to disclose the gasket comprises a plurality 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, and Yang fails to gasket portion extends from the lower surface of the substrate to an upper surface of the substrate. The office agrees. Applicant must also discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them. Applicant did not discuss or explain how the claims distinguish from English, specifically, the resilient dome sheet (150) including a raised portion (164) downwardly extending through an opening (166) formed in bottom enclosure portion (122) of the keyboard (50). The raised portion (164) operating as a pad or platform peg to support the front end of computer keyboard (50).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(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 1.136(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 mailing date of this final action.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Paik can be reached on (571) 272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Christle I Marshall/
Primary Examiner, Art Unit 2876
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