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 .
Election/Restrictions
Applicant elected group I and cancelled group II (claims 21-25). Applicant also argued that searching and examining the entire application (including the apparatus and the method) can be made without serious burden. However, the examiner cannot concur. Examining the apparatus claims do not automatically require examining the method claims. The same apparatus can be made in different methods or process than the claimed method. For example, finding a prior art that discloses the apparatus does not necessarily mean that the same prior art discloses or suggests the specific steps of the method claim.
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 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsai (US20120235837).
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 and defining a plurality of sealed air chambers (paragraphs 41-42), subsets of the plurality of switches being respectively within the plurality of sealed air chambers; and a controller (keyboards inherently include controller integrated within the PCB) to be coupled to the flexible keyboard circuit (Figs. 1-6).
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 and defining a plurality of sealed air chambers (paragraphs 41-42), subsets of the plurality of switches being respectively within the plurality of sealed air chambers; and coupling a controller (keyboards inherently include controller integrated within the PCB) within the housing and to the flexible keyboard circuit (Figs. 1-6).
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tsai
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 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 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). 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.
Claims 4-8 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai 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 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 and defining a plurality of sealed air chambers (paragraphs 41-42), subsets of the plurality of switches being respectively within the plurality of sealed air chambers; 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 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 and Chen as applied to claim 3 above, and further in view of Ho (US20050024318).
Regarding claims 3 and 19, 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.
.
Claims 11 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai, Whitchurch and Chen as applied to claim 3 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.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Luebke can be reached at 571-272-2009. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AHMED M SAEED/Primary Examiner, Art Unit 2831
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