Detailed Action begins on Page 3
Table of Contents
Notice of Pre-AIA or AIA Status 3
Response to Amendment 3
Response to Arguments 3
Claim Rejections - 35 USC § 112(a) 3
Claim 8 4
Claim Rejections - 35 USC § 103 4
Claims 1-8 4
Conclusion 8
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
The amendments to claims 1 and 3-6 and addition of claims 7-8 are acknowledged.
The previous 35 U.S.C. 112(b) rejections of claims 1-6 are overcome by these amendments and are accordingly withdrawn.
Following the amendments to the claims the previously applied 35 U.S.C. 112(f) claim interpretation is no longer applicable and thus the corresponding claim limitations are no longer interpreted in this manner.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 8
Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 8 recites “wherein the shock absorber (116) is separate from the switch (12)” and there is no support found in the specification or drawings for this limitation and thus it presents new subject matter that fails the written description requirement.
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 1-8
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hozumi et al. (US 7744272 B2, hereinafter “Hozumi”) in view of Ito et al. (US 20210166896 A1, hereinafter “Ito”).
Regarding Claim 1, Hozumi discloses a control module of an electronic appliance (11) including a push-piece (25), the control module comprising:
a striker (26c) which is a body with a substantially cylindrical shape provided with an abutment surface [fig. 2];
a switch (15) adapted to occupy a connected state (26c pushes contact 15) and an idle state (25 pushed back by spring 45, away from the contact 15) [col. 6 lines 48-56],
wherein said striker is configured to drive the switch into the connected state or into the idle state when the push-piece is acted on [col. 6 lines 48-56]; and
a structure of an electronic horological movement (14) arranged on a side of the switch so that the switch is interposed between the structure of the horological movement and the striker.
Hozumi does not disclose a shock absorber configured to absorb, by deforming elastically, a part of the forces involved when the striker drives the switch into the connected state or into the idle state, at least when said forces are above a predetermined threshold, the shock absorber being arranged between a structure of the horological movement and the switch, in line with the direction of travel of the push-piece, wherein the switch includes a frame against which the shock absorber is arranged in abutment so that said switch is interposed between the striker and said shock absorber.
Ito discloses a switch unit (11) provided with a soft layer (12d), which is provided at a lower portion of the substrate [fig. 5] [0072]. This soft layer (12d) acts a shock absorber [0075] configured to absorb, by deforming elastically [0075, 0066, 0068] (polyimide resin absorbs/deforms), a part of the forces involved when the striker drives the switch into the connected state or into the idle state. The shock absorber (12d) is arranged between a structure of the device it is attached to (23) [shown in fig. 2] and the switch [fig. 5] in line with the direction of travel of the push-piece [fig. 5] and the switch includes a frame (12a) against which the shock absorber is arranged in abutment so that the switch interposed between a striker (16) [fig. 2] and said shock absorber (12d) [fig. 5].
When forces are above a predetermined threshold, vibration involved in the collision of the conduction spring with the contact point occur, and with the soft layer (12d) these shocks/vibrations are absorbed which has the effect of reducing the contact sound of the switch [0075]. Therefore, Ito teaches an improved switch component that, by having the soft layer/shock absorber layer (12d) under the switch the shock absorber is able to reliably absorb the contact sound and the amplification sound, ensuring noiselessness of the switch unit [0075, 0066-0067].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to replace the switch/contact 15 of Hozumi with the switch mechanism of Ito because of the benefit taught by Ito of providing the improvement of a noiseless switch for the push button in an analogous structure to what is provided by Hozumi rendering the results of the combination predictable to one having ordinary skill in the art.
Regarding Claim 2, Hozumi and Ito disclose the control module according to claim 1, with the switch component of Ito implemented into the control module of Hozumi, and Ito further discloses wherein the shock absorber may take the form of a disc [0081] [fig. 8] without departing from the features/limitations of the third embodiment.
Regarding Claim 3, Hozumi and Ito disclose the control module according to claim 1, with the switch component of Ito implemented into the control module of Hozumi,
and Ito further discloses that the switch comprises connection terminals (13, 14) and an elastic blade (15) all secured to the frame (12a) [fig. 5], the elastic blade being moved into a connection position in which it gives rise to contact between the connection terminals when the switch is in the connection state [0058], and being moved into an idle state in which it prevents contact between the connection terminals when the switch is in the idle state [0058], and the shock absorber (12d) is arranged against at least one of the connection terminals (13, 22a) so that the latter is interposed between the shock absorber and the striker [fig. 5].
Regarding Claim 4, Hozumi and Ito disclose the control module according to claim 1, with the switch component of Ito implemented into the control module of Hozumi, and Hozumi further discloses wherein the push-piece comprises a pusher head (25) to which a pusher rod (26a) slidably engaged in a guide tube (37) is connected and comprising a free end to which the striker (26c) is secured [fig. 3], the push-piece comprising a spring (45) interposed between the pusher head and the guide tube so as to force the push-piece to move towards an idle position [col. 6 lines 7-9].
Regarding Claim 5, Hozumi and Ito disclose the control module according to claim 4, and Hozumi further discloses wherein the striker (26c) includes a body with a substantially cylindrical shape comprising a radial dimension extending in a direction orthogonal to the direction of movement of the push-piece [fig. 2], said radial dimension being less than the outside diameter of an end of the guide tube at which the striker is arranged [fig. 2].
Regarding Claim 6, Hozumi and Ito disclose the control module according to claim 1, and Hozumi further discloses a watch comprising a case (23) in which the electronic horological movement (14) is housed [fig. 2], the watch including the control module according to claim 1, as established with the combination of Hozumi and Ito in the rejection of claim 1 above, the push-piece being engaged through a middle with which the case is provided [fig. 2] and the switch being secured to the structure of the horological movement [fig. 2] with the structure of this electronic horological movement being used as the structure (23) disclosed by Ito for mounting the switch when Ito is applied to the invention of Hozumi as is obvious with the combination established above in the rejection of claim 1.
Regarding Claim 7, Hozumi and Ito disclose the control module according to claim 1, and Ito further discloses wherein the shock absorber (12d) is arranged between the structure under the switch (23) [shown in fig. 2], the horological movement in combination with Hozumi as discussed in the paragraphs above, and the frame (12a) of the switch [fig. 5].
Regarding Claim 8, Hozumi and Ito disclose the control module according to claim 1, and Ito further discloses wherein the shock absorber is separate from the switch [0074] (shock absorber layer requires bonding layer 12e to attach to switch, thus meaning it is a separate element from the switch).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 KEVIN A JOHNSTON whose telephone number is (571)272-4353. The examiner can normally be reached Monday - Friday 10 a.m. - 7p.m. ET.
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, Regis Betsch can be reached at (571) 270-7101. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN ANDREW JOHNSTON/Examiner, Art Unit 2844
/REGIS J BETSCH/SPE, Art Unit 2844