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 (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.
Claim(s) 1-7, 9-10, 13-14, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Valve index wall mounted charging station AMVR (https://www.youtube.com/watch?v=3j4u9j1LEgg ), herein Valve.
Claim 1: Valve discloses a cradle for supporting input devices having grips and tracked parts extending from the grips (see below screenshot(s), time 1:02 - 3:00),
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the cradle comprising: rear support parts that are capable of supporting rear parts of the grips (see below screenshot(s), time 1:02 - 3:00);
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front support parts that are positioned forward away from the rear support parts and are capable of supporting front parts of the grips of the input devices (see below screenshot(s), time 1:02 - 3:00);
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and side support parts that are positioned outside in a left-right direction with respect to the rear support parts and the front support parts and are capable of supporting the tracked parts (see below screenshot(s), time 1:02 - 3:00).
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Claim 2: Valve discloses a cradle for supporting input devices having grips and tracked parts extending from the grips (see below screenshot(s), time 1:02 - 3:00),
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the cradle comprising: rear support parts that are capable of supporting rear parts of the grips (see below screenshot(s), time 1:02 - 3:00);
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and side support parts that are positioned outside in a left-right direction with respect to the rear support parts, are curved in such a manner as to swell outward in the left-right direction in plan view, and support the tracked parts (see below screenshot, time 1:02 - 3:00).
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Claim 3: Valve teaches further comprising: front support parts that are positioned forward from the rear support parts and are capable of supporting front parts of the grips (see below screenshot(s), time 1:02 - 3:00).
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Claim 4: Valve teaches wherein a recessed part is formed between the rear support parts and the front support parts (the side supports form a recessed part between the rear support parts and the front support parts, time 1:02-3:00).
Claim 5: Valve teaches wherein a recessed part is formed between the rear support parts and the front support parts (the side supports form a recessed part between the rear support parts and the front support parts, time 1:02-3:00).
Claim 6: Valve teaches wherein an opening is formed at a bottom part of the recessed part (the side support parts that form an opening at the bottom part of the recessed e.g. the side supports have an opening formed therein to accommodate the track parts of the input devices, time 1:02-3:00).
Claim 7: Valve teaches wherein an opening is formed at a bottom part of the recessed part (the side support parts that form an opening at the bottom part of the recessed e.g. the side supports have an opening formed therein to accommodate the track parts of the input devices, time 1:02-3:00).
Claim 9: Valve teaches a cradle right part that includes the rear support parts and the side support parts and supports an input device for a right hand that is one of the input devices; and a cradle left part that includes the rear support parts and the side support parts and supports an input device for a left hand that is another one of the input devices (see below screenshot(s), time 1:02-3:00).
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Claim 10: Valve teaches a cradle right part that includes the rear support parts and the side support parts and supports an input device for a right hand that is one of the input devices; and a cradle left part that includes the rear support parts and the side support parts and supports an input device for a left hand that is another one of the input devices (see below screenshot(s), time 1:02-3:00).
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Claim 13: Valve teaches wherein the rear support parts and the front support parts are formed such that the grips are obliquely arranged in plan view of the input devices and the cradle (see below screenshot(s), time 1:02-3:00).
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Claim 14: Valve teaches wherein the rear support parts and the front support parts are formed such that the grips are obliquely arranged in plan view of the input devices and the cradle (see below screenshot(s), time 1:02-3:00).
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Claim 17: Valve discloses a system comprising: a cradle for supporting input devices having grips and tracked parts extending from the grips (see below screenshot(s), time 1:02 - 3:00),
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the cradle including rear support parts that are capable of supporting rear parts of the grips (see below screenshot(s), time 1:02 - 3:00),
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front support parts that are positioned forward away from the rear support parts and are capable of supporting front parts of the grips of the input devices (see below screenshot(s), time 1:02 - 3:00),
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and side support parts that are positioned outside in a left-right direction with respect to the rear support parts and the front support parts and are capable of supporting the tracked parts; and the input devices (see below screenshot(s), time 1:02 - 3:00).
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Claim 18: Valve teaches a system comprising: a cradle for supporting input devices having grips and tracked parts extending from the grips (see below screenshot(s), time 1:02 - 3:00),
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the cradle including rear support parts that are capable of supporting rear parts of the grips (see below screenshot(s), time 1:02 - 3:00),
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and side support parts that are positioned outside in a left-right direction with respect to the rear support parts (see below screenshot(s), time 1:02 - 3:00),
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are curved in such a manner as to swell outward in the left-right direction in plan view, and support the tracked parts; and the input devices (see below screenshot(s), time 1:02 - 3:00).
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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 (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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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(s) 8, 11-12, and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Valve index wall mounted charging station AMVR (https://www.youtube.com/watch?v=3j4u9j1LEgg ), herein Valve.
Claim 8: Valve teaches the above, in addition to the side support parts being curved in such a manner to swell outward in the left-right direction in plan view of the cradle (time 1:02-3:00), but lacks explicitly suggesting the side support parts connect the rear support parts to the front support parts. However, applicant fails to disclose that having the side support parts connect the rear support parts to the front support parts solve any stated problem, provides an advantage, or is for any particular purpose. Moreover, it appears that the side supports of Valve, or applicant’s invention, would perform the same function of providing a means of supporting the track parts of the input devices, regardless of whether or not the side support parts connect the rear support parts to the front support parts. Therefore, it would have been prima facie obvious to modify Valve to obtain the invention as specified in claim 8 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Valve.
Claims 11-12: Valve teaches the above, in addition to at least one side support part surface included in such a manner as to be lowered toward a center in the left-right direction and the other side support surface to included in such a manner as to be lowered toward a center in the right-left direction (see below screenshot(s), time 1:02-3:00),
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but, lacks explicitly suggesting wherein the side support parts have support surfaces inclined in such a manner as to be lowered toward a center in the left-right direction. However, applicant fails to disclose that having the side support parts have support surfaces inclined in such a manner as to be lowered toward a center in the left-right direction solve any stated problem, provides an advantage, or is for any particular purpose. Moreover, it appears that the side supports of Valve, or applicant’s invention, would perform the same function of providing a means of supporting the track parts of the input devices, regardless of whether or not the side support parts the side support parts have support surfaces inclined in such a manner as to be lowered toward a center in the left-right direction. Therefore, it would have been prima facie obvious to modify Valve to obtain the invention as specified in claims 11-12 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Valve.
Claims 15-16: Valve teaches the above, in addition to the cradle left part and cradle right part (see above), but lacks explicitly suggesting wherein the cradle right part and the cradle left part are annular as a whole. However, applicant fails to disclose that having the cradle right part and the cradle left part are annular as a whole solve any stated problem, provides an advantage, or is for any particular purpose. Moreover, it appears that the left and right cradle parts of Valve, or applicant’s invention, would perform the same function of providing the rear support parts and the side support parts for supporting the input devices, regardless of whether or not the cradle right part and the cradle left part are annular as a whole. Therefore, it would have been prima facie obvious to modify Valve to obtain the invention as specified in claims 15-16 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Valve.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Please see PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAMAR HARPER whose telephone number is (571)272-6177. The examiner can normally be reached 7:30am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at (571) 270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRAMAR HARPER/Primary Examiner, Art Unit 3715