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 1-12 and 15-20, cancellation of claims 13 and 14, and addition of claim 21 are acknowledged.
The amendments to the claims overcome the previous 35 U.S.C. 112(b) rejection of claims 5, 6, and 18 and these rejections are withdrawn. The amendments to claims 1, 5 and 6, however, present limitations that require new 35 U.S.C. 112(b) rejections.
The amendments to claim 1 include limitations narrowing the scope of the genus claim sufficient to overcome the previous 35 U.S.C. 112(a) rejection of claim 1 for failing to comply with the written description requirement.
Response to Arguments
Applicant’s arguments with respect to the prior art rejections of claims 1-12 and 15-20 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(b)
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 1-12 and 15-21 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.
Regarding Claim 1, it recites the limitation “a collar extending from an external circumferential surface of each of the one or more buttons”. It is not fully clear if this limitation should be interpreted as requiring only a single collar or if multiple collars, a collar for each of the one or more buttons, are claimed. Because the claim recites “a collar” and because the specification and drawings only appear to support the collar being a continuous single collar, this limitation shall be interpreted as requiring a single collar for purposes of examination.
Claims 2-12 and 15-21 depend from claim 1 and are rejected therein.
Regarding Claim 5, it recites the limitation “wherein collars of the plurality of buttons” and it is not clear if the limitation “collars of the plurality of buttons” is the same as the single “a collar extending from an external circumferential surface of each of the one or more buttons” or is a separate limitation. Either proper use of antecedent basis or a clear distinction between these limitations is required.
For purpose of examination this limitation will be interpreted as “wherein a single collar of the plurality of buttons is formed substantially into a sheet configured to connect the plurality of buttons”.
Regarding Claim 6, it recites the limitation “wherein collars of the plurality of buttons” and it is not clear if the limitation “collars of the plurality of buttons” is the same as the single “a collar extending from an external circumferential surface of each of the one or more buttons” or is a separate limitation. Either proper use of antecedent basis or a clear distinction between these limitations is required.
For purpose of examination this limitation will be interpreted as “wherein a single collar of the plurality of buttons is formed substantially into a sheet configured to connect the plurality of buttons”.
Claim 18 depends on claim 6 and is rejected therein.
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 1-2, 5-6, 15-16, 18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Weisner (EP 0197187 A2) in view of Latasiewicz (US 4551586 A).
Regarding Claim 1, Weisner discloses a wrist watch (10) comprising a case/housing (12) including and external appearance body [figs. 1-3] comprising an analog display on the front face (16) adjustable and set up in the usual manner for an electronic analog display [page 3 lines 14-34] and on the opposite side of the housing (24) comprising a membrane pressing unit/keyboard (26) and necessarily discloses a module between the buttons and the opposite side of the case held in the case in order to operate an electronic watch and the keyboard, with the module and any functional parts of the watch fitting within an opening inside the case and therefore obviously support4ed by the internal circumference therein [fig. 3].
Weisner does not disclose a pressing unit including a support arranged between the collar and the module with corresponding one or more through holes through which the one or more buttons are configured to slide in the certain direction configured to support a lower surface of the collar in a state in which the one or more buttons are not caused to slide in the certain direction, and the external appearance body and the support are formed from materials which differ from each
The prior art of Weisner contained a device which differed from the claimed device by the substitution of the membrane keyboard with a pressing unit including the features of claim 1 not disclosed by Weisner.
Latasiewicz discloses an input apparatus comprising:
a pressing unit [fig. 1] comprising:
one or more buttons (25) configured to be displaced in a certain direction [fig. 1]; and
a collar (membrane/collar of 22) extending from an external circumferential surface of each of the one or more buttons [fig. 1]; and
an external appearance body (10)
a module (34); and
a support (30) arranged between the collar and the module [fig. 1],
wherein the support has corresponding one or more through holes (32) through which the one or more buttons are configured to slide in the certain direction [fig. 1] [col. 4 lines 9-13],
wherein the support is configured to support a lower surface of the collar in a state in which the one or more buttons are not caused to slide in the certain direction [fig. 1], and
wherein the external appearance body (plastic) [col. 1 lines 44-49] and the support (resilient insulating material such as a foam felt) [col. 4 lines 9-13] are formed from materials which differ from each other.
Therefore, as taught by Latasiewicz, a membrane pressing unit including a support arranged between the collar and the module with corresponding one or more through holes through which the one or more buttons are configured to slide in the certain direction configured to support a lower surface of the collar in a state in which the one or more buttons are not caused to slide in the certain direction, and the external appearance body and the support are formed from materials which differ from each other was known in the art.
One of ordinary skill in the art could have substituted one known element for another, and the results of the substitution would have been predictable. Weisner includes broadly the features of a watch interchangeable between two sides for analog display and button input with a membrane keyboard but does not disclose much of the particular details for how to implement the membrane keyboard. Latasiewicz disclose a membrane keyboard. Using the disclosure of Latasiewicz to fill in the gaps for the membrane keyboard of Weisner presents a straightforward application by simply swapping the generic membrane keyboard of Weisner with the more detailed application taught by Latasiewicz because it actually provides the details required for fully making the membrane keyboard amounts to substituting in more detailed instructions missing in Weisner.
Regarding Claim 2, Weisner and Latasiewicz disclose the input apparatus according to claim 1, and Latasiewicz further discloses: wherein the external appearance body (10) and the support (30) are separable constituent units [fig. 1].
Regarding Claim 5, Weisner and Latasiewicz disclose the input apparatus according to claim 1, and Latasiewicz further discloses: wherein the one or more buttons comprises a plurality of buttons arranged adjacent to one another [fig. 1], and wherein a single collar of the plurality of buttons is formed substantially into a sheet configured to connect the plurality of buttons (22) [fig. 1].
Regarding Claim 6, Weisner and Latasiewicz disclose the input apparatus according to claim 2, and Latasiewicz further discloses: wherein the one or more buttons comprises a plurality of buttons arranged adjacent to one another [fig. 1], and wherein a single collar of the plurality of buttons is formed substantially into a sheet configured to connect the plurality of buttons (22) [fig. 1].
Regarding Claim 15, Weisner and Latasiewicz disclose the input apparatus according to claim 1, and Weisner further discloses:
a watch (30) comprising:
the input apparatus according to claim 1, following the combination of Latasiewicz and Wesiner; and
the necessarily disclose a module for operating the electronic analog display and the keyboard [page 3 lines 14-34], wherein the module comprises:
a display area (16) configured to display a numeral and a time [fig. 1].
Regarding Claim 16, Weisner and Latasiewicz disclose the input apparatus according to claim 2, and Weisner further discloses:
a watch (30) comprising:
the input apparatus according to claim 1, following the combination of Latasiewicz and Wesiner; and
the necessarily disclose a module for operating the electronic analog display and the keyboard [page 3 lines 14-34], wherein the module comprises:
a display area (16) configured to display a numeral and a time [fig. 1].
Regarding Claim 18, Weisner and Latasiewicz disclose the input apparatus according to claim 6, and Weisner further discloses:
a watch (30) comprising:
the input apparatus according to claim 1, following the combination of Latasiewicz and Wesiner; and
the necessarily disclose a module for operating the electronic analog display and the keyboard [page 3 lines 14-34], wherein the module comprises:
a display area (16) configured to display a numeral and a time [fig. 1].
Regarding Claim 21, Weisner and Latasiewicz disclose the input apparatus according to claim 1, and Latasiewicz further discloses:
wherein the case comprises a button panel (10) arranged on a side of the collar opposite the support [fig. 1], and
wherein the collar does not contact the button panel when the one or more buttons are not sliding in the certain direction and when the one or more buttons are sliding in the certain direction (layer 20 in between, therefore they do not contact) [fig. 1].
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Weisner and Latasiewicz as applied to claim 1 above, and further in view of Nakamura et al. (US 20020068148 A1, hereinafter “Nakamura”).
Regarding Claim 3, Weisner and Latasiewicz disclose the input apparatus according to claim 1, but do not disclose wherein a plating treatment is applied to a surface of the external appearance body, and
Nakamura discloses a decorative plate with superior performance for application on a timepiece [abstract, 0002], and specifically teaches the forming of a decorative plate portion on a synthetic resin layer by plating [0027], with the decorative plating layer being formed by silver, gold, rhodium and nickel [0028] and may also include a color pigment to achieve the desired color for the decoration [0029].
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to apply the teaching of Nakamura that a decorative plate element may be formed by plating with silver, gold, rhodium and nickel on a synthetic resin material to create a superior decorative plate on the synthetic resin cover as the external appearance area of the watch of Weisner to gain the benefits of the decoration of Nakamura.
Claims 4 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Weisner and Latasiewicz as applied to claim 2 above, and further in view of Nakamura et al. (US 20020068148 A1, hereinafter “Nakamura”).
Regarding Claim 4, Weisner and Latasiewicz disclose the input apparatus according to claim 2, but do not disclose wherein a plating treatment is applied to a surface of the external appearance body, and
Nakamura discloses a decorative plate with superior performance for application on a timepiece [abstract, 0002], and specifically teaches the forming of a decorative plate portion on a synthetic resin layer by plating [0027], with the decorative plating layer being formed by silver, gold, rhodium and nickel [0028] and may also include a color pigment to achieve the desired color for the decoration [0029].
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to apply the teaching of Nakamura that a decorative plate element may be formed by plating with silver, gold, rhodium and nickel on a synthetic resin material to create a superior decorative plate on the synthetic resin cover as the external appearance area of the watch of Weisner to gain the benefits of the decoration of Nakamura.
Regarding Claim 17, Weisner, Latasiewicz, and Nakamura disclose the input apparatus according to claim 4, and Weisner further discloses:
a watch (30) comprising:
the input apparatus according to claim 1, following the combination of Latasiewicz and Wesiner; and
the necessarily disclose a module for operating the electronic analog display and the keyboard [page 3 lines 14-34], wherein the module comprises:
a display area (16) configured to display a numeral and a time [fig. 1].
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, 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.
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 2831
/EDWIN A. LEON/Primary Examiner, Art Unit 2831
Prosecution Insights