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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 9-19 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 9 includes the limitation “a hammer assembly disposed above the first planar portion and”. However there is a lack of antecedent basis for “the first planar portion”. It is unclear whether applicant intends to reference the planar member, or introduce a new element into the claim. For examining purposes, this limitation is interpreted as stating “a hammer assembly disposed above the planar member and”.
Claims 10-19 depend from claim 9 and therefore inherit all claimed limitations. These claims do not correct the deficiencies of claim 9.
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 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamaguchi (US 2023/0317040 A1).
Claim 1: Yamaguchi discloses a keyboard unit shown in FIG. 3B to comprise: a planar member (middle rail 8); a frame (chassis 4) supported by and attached to at least the planar member (pages 3-4 paragraph [0036]); a key (2) connected to the frame, a hammer assembly rotationally movably mounted to the frame (page 1 paragraph [0007]); and a stopper (10b) configured to restrict a rotational and downward movement of the hammer assembly (page 3 paragraph [0034]), wherein the stopper is further described with respect to FIGS. 8-11B as cushion (51) (page 6 paragraph [0057]) which is made of elastic material (page 6 paragraph [0060]), and therefore softer in hardness than the frame formed as a resin molded article (page 3 paragraph [0030]). At least part (bottom) of the stopper is disposed below an upper surface of the planar member, as can be seen from FIG. 3B.
Claim 9: Yamaguchi discloses a keyboard unit shown in FIG. 3B to comprise: a planar member (middle rail 8); a frame (chassis 4) supported by and attached to at least the planar member (pages 3-4 paragraph [0036]); a key (2) connected to the frame, a hammer assembly (first arm 31) (page 3 paragraphs [0032], [0034]) disposed above the planar portion and rotationally movable so that part of the hammer assembly is movable below an upper surface of the planar member, as can be seen from FIG. 9C.
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 10, 12 and 16 are rejected under 35 U.S.C. 103 as being obvious over Yamaguchi (US 2023/0317040 A1).
Claim 10: Yamaguchi discloses a keyboard unit as stated above, where the planar member is shown in FIG. 3B to include a first planar portion (upper portion) and a second planar portion (lower portion), and the frame is supported by and connected to the first planar portion, as can be seen from FIGS. 6A and 6B. The part of the hammer assembly is further movable below an upper surface of the first planar portion, vertically between the first planar portion and the second planar portion, as can be seen from FIG. 9C. This reference fails to disclose the frame to be supported by and connected to the second planar portion.
However 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 frame to be also supported by and connected to the second planar portion, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Doing so would provide additional stability and support for the frame which supports the key and hammer assembly, as taught in Yamaguchi (page 1 paragraph [0007]).
Claim 12: Yamaguchi discloses a keyboard unit as stated above, where the first planar portion and the second planar portion are shown in FIG. 3B to be integrally formed with the planar member, and the planar member to include a recess that vertically spaces the first planar portion and the second planar portion from each other. The part of the hammer assembly is rotationally movable to a region defined between a side wall (vertical wall distal the second planar portion) of the first planar portion and an end of the second planar portion, as can be seen from FIGS. 6A and 6B. This reference fails to disclose the second planar portion to include a side wall such that the part of the hammer assembly is rotationally movable to a region defined between a side wall of the first planar portion and a side wall of the second planar portion, the side wall of the second planar portion to face the side wall of the first planar portion across the recess.
However 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 second planar portion to include a side wall distal the first planar portion, since it has been held that a mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. The part of the hammer assembly then would be rotationally movable to a region defined between a side wall of the first planar portion and a side wall of the second planar portion, the side wall of the second planar portion to face the side wall of the first planar portion across the recess. Doing so would ensure lower limit stopper (10b) shown in FIG. 3B does not slide away from the first planar portion during use.
Claim 16: Yamaguchi discloses a keyboard unit as stated above, where a cover (vertical side between first and second planar portions) is shown in FIG. 3B to be fixed to a lower surface of the first planar portion, wherein the first planar portion and the second planar portion are vertically spaced from each other, and wherein the cover covers at least part of the space separating the first planar portion and the second planar portion.
Allowable Subject Matter
Claims 2-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 11, 13-15 and 17-19 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 2: Although the prior art (US 2023/0317040 A1) teaches a keyboard unit where the planar member is shown in FIG. 3B to include a first planar portion (upper portion) and a second planar portion (lower portion), the frame is supported by and connected to the first planar portion, as can be seen from FIGS. 6A and 6B, the prior art does not teach nor suggest the frame to be supported by and connected to the second planar portion, at least the part of the stopper to be disposed below an upper surface of the first planar portion and an upper surface of the second planar portion, and the stopper to be disposed between the first planar portion and the second planar portion. The combinations of the claimed limitations are novel and found to be allowable over prior art. The cited references taken singly or in combination do not anticipate nor make obvious applicant's claimed invention.
Claim 11: Although the prior art (US 2023/0317040 A1) teaches a stopper (10b) configured to restrict a rotational and downward movement of the hammer assembly (page 3 paragraph [0034]), wherein the stopper is further described with respect to FIGS. 8-11B as cushion (51) (page 6 paragraph [0057]) which is made of elastic material (page 6 paragraph [0060]), and therefore softer in hardness than the frame formed as a resin molded article (page 3 paragraph [0030]), wherein at least part (bottom) of the stopper is also disposed below the upper surface of the first planar portion, the prior art does not teach nor suggest the at least part of the stopper to be disposed below an upper surface of the second planar portion, between the first planar portion and the second planar portion. The combinations of the claimed limitations are novel and found to be allowable over prior art. The cited references taken singly or in combination do not anticipate nor make obvious applicant's claimed invention.
Claims 3-8, 13-15 and 17-19 depend from claims 2 or 11 and therefore inherit all allowed claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6,329,585 B1, US 7,332,663 B2, US 7,485,798 B2, US 10,580,390 B2, US 10,692,478 B2, US 11,508,341 B2 pertaining to a hammer assembly of a keyboard unit rotating below a planar member.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER UHLIR whose telephone number is (571)270-3091. The examiner can normally be reached M-F 8:30-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Christopher Uhlir/Primary Examiner, Art Unit 3619 September 29, 2026
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