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 .
DETAILED ACTION
Drawings
The drawings are objected to because the show alternatives (Figs. 1-2) and improper exploded/detailed views (Figs. 3-11). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-13 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 recites "some member" in Line 2. It is not understood which member is referred to. For examination purposes, the Examiner will read the limitation as being any member on a side.
Claim 2 recites the phrase "a stop protrusion manner" in Lines 1-2. It is not understood what Applicant means. For examination purposes, the Examiner will read the limitation as a protruding part of the locking part.
Claim 3 recites “a remaining side” in Line 7. It is not understood if the remaining side is the same as the one recited in Claim 1. For examination purposes, the Examiner will read the limitation as being –the remaining side--.
Appropriate corrections are required.
As best understood by the Examiner, the rejection stands as follows:
Claim Rejections - 35 USC § 102
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 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liautaud (U.S. Patent No. 4,178,751). Regarding Claim 1, Liautaud discloses a protective case (11, 55) coupled to a product (12) having a button (82, 84, 86), the protective case comprising: a cover part (11) provided with an operation unit (16) for operating the button when some member (20-22) on one side (Fig. 4) thereof is moved toward the button located on a remaining side (Fig. 4) thereof, and configured to be detachably coupled to the product; and a locking part (56) configured to be coupled to the operation unit to slide between the button and the member in forward and backward directions (91, 92, 93), and also configured to be selectively spaced apart from the member and disposed adjacent to the member according to the movement to allow or block an operation of the button by the member.
Regarding Claim 2, Liautaud discloses the locking part being formed to be fixed in a stop protrusion manner (91, 92, 93) when moved forward or backward, and a distance (Fig. 4) by which the member is movable selectively increases and decreases in accordance with forward or backward movement.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art discloses protective cases, similar to Applicant’s claimed invention, having cover parts, buttons and locking parts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN A LEON whose telephone number is (571)272-2008. The examiner can normally be reached M-F 10am-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, Renee S Luebke can be reached on 5712722009.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWIN A. LEON/Primary Examiner, Art Unit 2833