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 Arguments
Applicant's arguments filed 04 August 2026 have been fully considered but they are not persuasive.
Turning to the rejection(s) of the claims under 35 U.S.C. § 102, it is noted that the terminology in a pending application's claims is to be given its broadest reasonable
interpretation (In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989))
and limitations from a pending application's specification will not be read into the claims
(Sjolund v. Musland, 847 F.2d 1573, 1581-82, 6 USPQ2d 2020, 2027 (Fed. Cir. 1988)).
Anticipation under 35 U.S.C. § 102 is established only when a single prior art
reference discloses, either expressly or under the principles of inherency, each and
every element of a claimed invention. See Constant v. Advanced Micro-Devices. Inc.,
848 F.2d 1560, 1570, 7 USPQ2d 1057, 1064 (Fed. Cir.), cert. denied, 488 U.S. 892
(1988); RCA Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984). Moreover, anticipation by a prior art reference does not
require either the inventive concept of the claimed subject matter or the recognition of
properties that are inherently possessed by the prior art reference. Verdegaal Brothers
Inc. v. Union Oil co. of California, 814 F.2d 628, 633, 2 USPQ2d 1051, 1054 (Fed. Cir.
1987), cert. denied, 484 U.S. 827 (1987). A prior art reference anticipates the subject
matter of a claim when that reference discloses each and every element set forth in the
claim (In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d 1671, 1673 (Fed. Cir. 1994)
and In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990));
however, the law of anticipation does not require that the reference teach what
Applicant is claiming, but only that the claims "read on” something disclosed in the
reference. Kalman v. Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789
(Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984) (and overruled in part on another
issue), SRI Intel v. Matsushita Elec. Corp. Of Am., 775 F.2d 1107, 1118, 227 USPQ
577, 583 (Fed. Cir. 1985). Also, a reference anticipates a claim if it discloses the
claimed invention such that a skilled artisan could take its teachings in combination with
his own knowledge of the particular art and be in possession of the invention. See In re
Graves, 69 F.3d 1147, 1152, 36 USPQ2d 1697, 1701 (Fed. Cir. 1995), cert. denied, 116 S.Ct. 1362 (1996), quoting from In re LeGrice, 301 F.2d 929, 936, 133 USPQ 365, 372 (CCPA 1962).
Regarding claim 32, Applicant argues that the CN reference does not teach or suggest “the selection portion is disposed below the display and spaced apart from the inducing portion”. Examiner disagrees and points out that the selection portion (lower portion of circuit board 1) is disposed below many display selections and clearly spaced apart from the inducing portion (LEDs 33).
Applicant further argues that the CN reference does not teach or suggest “the display portion further comprises an inducing portion disposed below the display.” Examiner disagrees and points to the lower LEDs 33 as an “inducing portion” which are disposed below the upper display portions, such as the top buttons in Fig. 5 of the CN reference. Accordingly, Examiner maintains that the CN references reads on the apparatus as currently claimed.
It is noted that Applicant is wholly silent with respect to any patentability arguments clarifying precisely how and why the apparatus claims serve to patentably distinguish over the prior art of record. Thus, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Claim Rejections - 35 USC § 112
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 32-52 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 32, the recitation of the inducing portion being configured to emit light and, “based on emitting the light, (i) induce a user to touch the selection portion or (ii) guide the user to a touch position of the selection portion” is indefinite because it is unclear what Applicant intends. How does the intended use of a user being “induced” into possibly selecting a touch item on a display amount to a structural limitation of the claimed apparatus? What is the structural configuration being recited for the inducing portion that would require such function? Applicant is reminded that claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function (In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959)), and that “apparatus claims cover what a device is, not what a device does” (Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). (emphasis in original)). Clarification and correction are required regarding the structure of the claimed “inducing portion”.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 32-48 and 50-51 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN107675437 (cited on IDS filed 4/5/2024) herein referred to as “CN” and reference made to translation attached.
As to claim 32, CN discloses a washing machine laundry for cleaning clothes (page 1 of translation) according to washing parameters (translation at page 1). At Figs. 1-2, CN discloses a knob integrating rotation, touch control and display functions, including a control circuit board 1, a rotation structure 2 (reads on a manipulation portion that is rotatable), a touch control structure 3, and a display screen component 4. The rotating structure 2 is electrically connected with the control circuit board 1 and can rotate relative to it to select the corresponding washing program and adjust the washing parameters. The touch structure 3 (reads on a selection portion) is arranged in the rotating structure 2 and connected to the control circuit board 1. Electrically connected for switching on and off, setting and confirmation of functions, the display screen component 4 (reads on a display portion, in addition to window 35) is electrically connected to the touch structure 3 for scrolling and displaying the current washing parameters and the working status of the machine (see translation at pages 3-4, and page 5 regarding the window 35).
At the translation, page 5, there is disclosure of a touch sheet 34, which reads on the selection portion: Please refer to Figures 2 to 4, a preferred implementation of this embodiment: the touch structure 3 includes a lamp holder 31, an LED circuit board 32, an LED light source 33, a touch sheet 34 and a window cover 35, the lamp holder 31 is a cylindrical shape, and a plurality of annularly distributed light guide holes 311 are provided on the lamp holder 31 near the peripheral wall, so that the light of the LED light source 33 can be guided from the light guide holes 311. The lamp holder 31 has an accommodation space for installing the LED circuit board 32. The LED light source 33 is electrically welded to the LED circuit board 32. The LED circuit board 32 is electrically connected to the control circuit board 1 through wires. One end of the touch sheet 34 is electrically welded to the LED circuit board 32, and the other end is in contact with the window cover 35. A plurality of touch holes 312 are opened in the lamp holder 31 for accommodating the touch screen. The control piece 34, the window cover 35 is connected to the top of the lamp holder 31. LEDs 33 read on the inducing means which are spaced apart from the display 4 and at least some of the LEDs (which read on the claimed inducing portion) are disposed below at least some of the display portion elements. It is noted that a user is fully capable of the intended use of being “induced” to select a selection based on the illumination of such LEDs. It is further noted that the selection portion (e.g. the bottom portion of circuit board 1) is disposed below at least some of the upper display selections and spaced apart from the inducing portion 33.
As to claim 33, CN discloses wherein the display portion comprises:
a mounting body that is fixed to the cabinet and disposed inside the manipulation portion, the mounting body being configured to support the display (Fig. 2, see element 31); and
a circuit board disposed at a rear side of the display and configured to receive the determination command from the selection portion (circuit board 1), wherein the mounting body defines:
a seating groove that supports the display, an inducing hole spaced apart from the seating groove, the inducing portion being disposed at the inducing hole (Figs. 2-4, see seating groove at 313), and
a sensor hole that passes through the mounting body and is spaced apart from the inducing hole, the selection portion extending toward the circuit board through the sensor hole (see corresponding hole between 313 and circuit 1)).
As to claim 34, as shown at Fig. 2 of CN the inducing hole is defined between a lower end of the seating groove and an inner circumferential face of the mounting body (see hole 313), and wherein the sensor hole is defined between the lower end of the seating groove and the inner circumferential face (see hole below 313 and continuing to circuit 1).
As to claim 35, CN discloses the sensor hole is defined between the inner circumferential face and the inducing hole (Fig. 2 of CN shows that the sensor hole is defined as claimed).
As to claim 36, CN discloses an area of the sensor hole is greater than an area of the inducing hole (Figs. 2-3 the area of the sensor hole at 21 is bigger than that within 314, as evidenced by the fitting of the structure of 314 inside element 21).
As to claim 37, in CN the selection portion comprises a receiver (Figs. 4-5: display screen component 4) disposed forward relative to the sensor hole, the receiver being configured to sense the user and receive the determination command, and wherein an area of the receiver is greater than an area of the sensor hole.
As to claim 38, CN discloses wherein the receiver extends from the sensor hole toward the inducing hole (Fig. 4: see extension of display screen component 4 being connected through 14 via electrical connection).
As to claim 39, CN discloses wherein the receiver extends from the sensor hole and surrounds at least a portion of the inducing hole (screen component 4 shown at Figs. 3-4).
As to claim 40, CN discloses wherein the inducing hole is defined between a lower end of the seating groove and an inner circumferential face of the mounting body, wherein the sensor hole is defined between a first side of the seating groove and the inner circumferential face, and wherein the receiver extends from the sensor hole toward a space between a first side of the inducing hole and the inner circumferential face (see analysis above regarding at least claims 34, 36, and 38).
As to claim 41, CN discloses the receiver extends from the sensor hole toward the inner circumferential face and extends from the sensor hole toward a second side of the inducing hole and the inner circumferential face (Fig. 3: see extension of the electrical components of element 4 which extend toward the inner circumferential face and toward the inducing hole and circuit 1).
As to claim 42, CN discloses the receiver is spaced apart from a lower end and both sides of the inducing hole (Figs. 2-3 the screen assembly 4 is spaced apart from a lower end and both sides of the inducing hole formed near the circuit 1).
As to claim 43, CN discloses a gap between the inducing hole and the receiver defines a reference distance between the receiver and each of a lower edge and side edges of the inducing hole (Fig. 3, see gap between elements 4 and 1).
As to claim 44, CN discloses at Figs. 2-3 the receiver covers a space between (i) the seating groove and the inducing hole and (ii) an inner circumferential face of the mounting body (see space between seating groove in which screen 4 is seated and the inducing hole, and a space of the circumferential face of the mounting body of 23; see also aerial view at Fig. 5).
As to claim 45, CN discloses the selection portion comprises a conductor and is configured to sense an electrical current based on the user interacting with the receiver (touch screen 3 comprises multiple parts, including an LED board 32, LED light source 33, touch control sheet 34 and window cover 35; each of these is electrically connected to the circuit board through a conducting wire, see translation at pages 3-4).
As to claim 46, CN discloses wherein the display portion comprises a window that is disposed at a front surface of the mounting body and covers the display, and wherein the receiver is disposed between the window and the mounting body (see CN regarding display via screen 4 formed between the window 35 and mounting body).
As to claim 47, CN discloses wherein the receiver is attached to or printed on a rear surface of the window (the electrical components of screen 4 is formed on its rear side and connected to the circuitry).
As to claim 48, CN discloses the receiver comprises a conductor and is configured to sense the user (the screen 4 and touch screen areas 353 are operated via touch control).
As to claim 50, CN discloses the receiver (screen 4 covers the hole and an interior edge of the inducing hole) covers the sensor hole and an edge of the inducing hole.
As to claim 51, CN discloses the selection portion further comprises a transmitter that extends through the sensor hole, the transmitter being connected to the receiver and the circuit board (the plurality of touch areas on cover 35 may be pressed and the touch signals are transmitted to the circuit board).
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.
Claim(s) 49 and 52 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN as applied to claims above, and further in view of Eriksson et al. herein referred to as “Eriksson” (USPN 9,811,163).
As to claims 49 and 52, CN disclosed electrical connection of its touch screen and circuit board to sense touch and other inputs. CN is silent regarding the material composition of its electrical components, particularly “the receiver comprises a film that is made from carbon” and “the transmitter is made of an elastic material”. However, in the art of touch screen panels with circuit boards, Eriksson discloses these materials as known and useful in the art. Specifically, Eriksson discloses the known use of a PET film 803 (reads on a carbon film) and flexible layer 650. These types of materials are useful in detection of levels of touch detection, including detection of an initial touch, and detection of a touch with pressure (see Eriksson at col. 81, lines 42-44). These characteristics would allow for improved touch feedback, accuracy, and overall user experience, which would be beneficial in operating a touch panel.
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 JOSEPH L PERRIN whose telephone number is (571)272-1305. The examiner can normally be reached M-F 7:30-4:00.
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, Michael E. Barr can be reached at 571-272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Joseph L. Perrin, Ph.D.
Primary Examiner
Art Unit 1711
/Joseph L. Perrin/Primary Examiner, Art Unit 1711
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