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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai (US20120235837) in view of Johnston (US. Pat. 7,091,952).
Regarding claim 1, Tsai teaches a waterproof keyboard comprising: a housing (keyboard housing) comprising a plurality of keyboard buttons 210; a flexible keyboard circuit 400 carried within the housing and comprising, a first polymer layer 420, at least one electrically conductive material layer (413, 423) on the first polymer layer to define a plurality of switches and connections therebetween (paragraph 43), the plurality of switches being aligned with the plurality of keyboard buttons, a second polymer layer 410 over the first polymer layer and the at least one electrically conductive material layer, and an adhesive layer (460, 470) between the first polymer layer and the second polymer layer, the first and second polymer layers, and the adhesive layer dividing the plurality of switches into a plurality subsets of switches (413, 423), and a controller (keyboards inherently include controller integrated within the PCB) to be coupled to the flexible keyboard circuit (Figs. 1-6). Tsai does not teach the plurality subsets of switches being waterproof switches, and the plurality of sealed air chambers between the first and second polymer layers and respectively receiving the plurality of waterproof sealed subsets of switches. However, Johnston teaches a waterproof keyboard that comprises a plurality of waterproof sealed subsets of switches 12 (switches 12a-12d are defined to be sealed subsets, since they are interconnected by the channels 14, and sealed from the outside environment by the continuous sheet 11, see col. 1, lines 50-53), and a plurality of sealed air chambers 13 between a first and second polymer layers (11, 32) and respectively receiving the plurality of waterproof sealed (col. 3, lines 35-60). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Johnston in the keyboard of Tsai to provide a waterproof keyboard.
Regarding claim 17, Tsai teaches a method of making a waterproof keyboard, the method comprising: providing a housing (keyboards are inherently have a housing with internal cavity designed to receive and house all the keyboard’s internal components such as PCB) comprising a plurality of keyboard buttons 210; forming a flexible keyboard circuit 400; positioning the flexible keyboard circuit within the housing, the flexible keyboard circuit comprising, a first polymer layer 420, at least one electrically conductive material layer (413, 423) on the first polymer layer to define a plurality of switches and connections therebetween (paragraph 43), the plurality of switches being aligned with the plurality of keyboard buttons, a second polymer 410 layer over the first polymer layer and the at least one electrically conductive material layer, and an adhesive layer (460, 470) between the first polymer layer and the second polymer layer, the first and second polymer layers, and the adhesive layer dividing the plurality of switches into a plurality subsets of switches (413, 423), and a controller (keyboards inherently include controller integrated within the PCB) to be coupled to the flexible keyboard circuit (Figs. 1-6). Tsai does not teach the plurality subsets of switches being waterproof switches, and the plurality of sealed air chambers between the first and second polymer layers and respectively receiving the plurality of waterproof sealed subsets of switches. However, Johnston teaches a waterproof keyboard that comprises a plurality of waterproof sealed subsets of switches 12 (switches 12a-12d are defined to be sealed subsets, since they are interconnected by the channels 14, and sealed from the outside environment by the continuous sheet 11, see col. 1, lines 50-53), and a plurality of sealed air chambers 13 between a first and second polymer layers (11, 32) and respectively receiving the plurality of waterproof sealed (col. 3, lines 35-60). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Johnston in the keyboard of Tsai to provide a waterproof keyboard.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tsai and Johnston.
Regarding claim 9, Tsai teaches the waterproof keyboard with the first polymer layer and the second polymer layer wherein the adhesive layer comprises an adhesive tape layer (paragraph 35), but not teach with first polymer layer and the second polymer layer comprising biaxially-oriented polyethylene terephthalate. However, the patentability of a product does not depend on its method of production as long the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)
Claims 2 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai and Johnston as applied to claims 1 and 17 above, and further in view of Chen (US. Pat. 9,443,674).
Regarding claims 2 and 18, Tsai does not teach a plurality of visual indicators carried by the first and second polymer layers and coupled to the at least one electrically conductive material layer. However, Chen teaches a similar keyboard with a plurality of polymer layers (first, second layers 212, 211 and electrically conductive material 214, 216), a plurality of visual indicators 22 carried by the first and second polymer layers and being coupled to the at least one electrically conductive material layer (Figs. 4, 5 and col. 5, lines 15-25). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Chen in the keyboard of Tsai to provide an illuminated keyboard to indicate when one of the keyboard’s keys is activated.
Claims 4-8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai and Johnston as applied to claims 1 and 17 above, and further in view of Whitchurch (US20090262492).
Tsai does not teach the housing comprises a first internal cavity receiving the flexible keyboard circuit, and a second internal cavity within the first internal cavity; and the external connection. However, Whitchurch teaches a keyboard with a housing 60, wherein the housing comprises a first internal cavity (area receiving a flexible keyboard circuit 11), and a second internal cavity (area receiving 23) within the first internal cavity (Fig. 1), as required by claims 4 and 20; wherein a controller 12 is carried within the second internal cavity (Fig. 1 and paragraphs 47, 53-54), as required by claim 5; wherein the second internal cavity is sealed from the first internal cavity (the flexible circuit 11 and the PCB 12 that are positioned in the first and second internal are sealed from each other, see paragraphs 48-53), as required by claim 6; wherein the flexible keyboard circuit comprises a connector strip 31 extending from the first internal cavity (area receiving the flexible circuit 11) to the second internal cavity (area receiving the controller 23) and coupled to the controller (Fig. 3 and paragraph 53), as required by claim 7; wherein the housing comprises an external connector port 29 coupled to the controller; and further comprising a connection wire 28 coupled between a computing device and the external connector port (Fig.2 and paragraph 54), as required by claim 8. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Whitchurch in the keyboard of Tsai to provide a waterproofed keyboard and to connect the keyboard with other external devices.
Claims 10, 12-16, 26, and 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai in view of Johnston, Whitchurch and Chen.
Regarding claims 10 and 26, Tsai teaches a non-vented waterproof keyboard comprising: a housing comprising a plurality of keyboard buttons 210, a first internal cavity (keyboards are inherently have a housing with internal cavity designed to receive and house all the keyboard’s internal components such as a PCB); a flexible keyboard circuit 400 carried within the first internal cavity of the housing and comprising, a first polymer layer 420, at least one electrically conductive material layer (413, 423) on the first polymer layer to define a plurality of switches and connections therebetween (paragraphs 41-42), the plurality of switches being aligned with the plurality of keyboard buttons, a second polymer layer 410 over the first polymer layer and the at least one electrically conductive material layer, and an adhesive layer (460, 470) between the first polymer layer and the second polymer layer, the first and second polymer layers, and the adhesive layer dividing the plurality of switches into a plurality subset of switches (413, 423), and a controller (keyboards inherently include controller integrated within the PCB) to be coupled to the flexible keyboard circuit (Figs. 1-6).
Tsai does not teach the plurality subsets of switches being waterproof switches, and the plurality of sealed air chambers between the first and second polymer layers and respectively receiving the plurality of waterproof sealed subsets of switches. However, Johnston teaches a waterproof keyboard that comprises a plurality of waterproof sealed subsets of switches 12 (switches 12a-12d are defined to be sealed subsets, since they are interconnected by the channels 14, and sealed from the outside environment by the continuous sheet 11, see col. 1, lines 50-53), and a plurality of sealed air chambers 13 between a first and second polymer layers (11, 32) and respectively receiving the plurality of waterproof sealed (col. 3, lines 35-60). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Johnston in the keyboard of Tsai to provide a waterproof keyboard.
Tsai does not teach the housing comprises a first internal cavity receiving the flexible keyboard circuit, and a second internal cavity within the first internal cavity; and the external connection. However, Whitchurch teaches a keyboard with a housing 60, wherein the housing comprises a first internal cavity (area receiving a flexible keyboard circuit 11), and a second internal cavity (area receiving 23) within the first internal cavity (Fig. 1), as required by claims 10 and 26; wherein a controller 12 is carried within the second internal cavity (Fig. 1 and paragraphs 47, 53-54), as required by claims 12 and 28; wherein the second internal cavity is sealed from the first internal cavity (the flexible circuit 11 and the PCB 12 that are positioned in the first and second internal are sealed from each other, see paragraphs 48-53), as required by claims 13 and 29; wherein the flexible keyboard circuit comprises a connector strip 31 extending from the first internal cavity (area receiving the flexible circuit 11) to the second internal cavity (area receiving the controller 23) and coupled to the controller (Fig. 3 and paragraph 53), as required by claims 14 and 30; wherein the housing comprises an external connector port 29 coupled to the controller; and further comprising a connection wire 28 coupled between a computing device and the external connector port (Fig.2 and paragraph 54), as required by claims 15 and 30. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Whitchurch in the keyboard of Tsai to provide a waterproofed keyboard and to connect the keyboard with other external devices.
Tsai does not teach a plurality of visual indicators carried by the first and second polymer layers and being coupled to the at least one electrically conductive material layer. However, Chen teaches a similar keyboard with a plurality of polymer layers (first, second layers 212, 211 and electrically conductive material 214, 216), a plurality of visual indicators 22 carried by the first and second polymer layers and being coupled to the at least one electrically conductive material layer (Figs. 4, 5 and col. 5, lines 15-25), as required by claims 10 and 26. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Chen in the keyboard of Tsai to provide an illuminated keyboard to indicate when one of the keyboard’s key is activated.
Regarding claim 16, Tsai teaches the waterproof keyboard with the first polymer layer and the second polymer layer wherein the adhesive layer comprises an adhesive tape layer (paragraph 35), but not teach with first polymer layer and the second polymer layer comprising biaxially-oriented polyethylene terephthalate. However, the patentability of a product does not depend on its method of production as long the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)
Claims 3 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai, Johnston and Chen as applied to claims 3 and 18 above, and further in view of Ho (US20050024318).
Regarding claims 3 and 19, Tsai does not teach the controller to be configured to activate at least one visual indicator once a set time period has expired. However, Ho teaches a keypad with a controller 13, and light indicator 151, wherein the controller is configured to activate at least one visual indicator once a set time period has expired (paragraph 18, 23). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the controller control the light indicator (on and off) in order to reduce the unnecessary power consumption.
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Claims 11 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai, Johnston, Whitchurch and Chen as applied to claims 10 and 26 above, and further in view of Ho (US20050024318).
Regarding claims 11 and 27, Tsai does not teach the controller being configured to activate at least one visual indicator once a set time period has expired. However, Ho teaches a keypad with a controller 13, and light indicator 151, wherein the controller is configured to activate at least one visual indicator once a set time period has expired (paragraph 18, 23). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the controller control the light indicator (on and off) in order to reduce the unnecessary power consumption.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 and 26-30 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.
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 AHMED M SAEED whose telephone number is (571)270-7976. The examiner can normally be reached 10-8pm.
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/AHMED M SAEED/Primary Examiner, Art Unit 2831
