Prosecution Insights
Last updated: April 19, 2026
Application No. 18/585,816

ELECTRIC CARD RETAINING DEVICE

Non-Final OA §102§103§112
Filed
Feb 23, 2024
Examiner
WU, JAMES
Art Unit
2841
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Fositek Corporation
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
501 granted / 713 resolved
+2.3% vs TC avg
Strong +35% interview lift
Without
With
+34.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
20 currently pending
Career history
733
Total Applications
across all art units

Statute-Specific Performance

§103
49.8%
+9.8% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
23.4%
-16.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 713 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Election/Restriction Applicant’s election without traverse of Species I, claims 1-4 and 7-10 in the reply filed on 11/11/2025 is acknowledged. Claims 5-6 and 11-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/11/2025. Claim Objections Claims 1-4 and 7-10 are objected to because of the following informalities: Claims 1-4 and 7-10 do not have any line indentation. Note that each element or step should be separated by a line indentation. See MPEP 608.01(i). Claim 1 also recites “An electronic card retaining device, comprising a seat mounted on a mother board; a movable retaining member…”. It’s unclear where the preamble ends and the body of the claim starts. Examiner will assume the limitation is: “An electronic card retaining device, comprising: a seat mounted on a mother board; a movable retaining member…” Appropriate correction is required. 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 9-10 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. Claims 9 and 10 recite “the electronic card being provided on one side facing toward the electronic card…”. Since there is only one electronic card, it’s unclear what this limitation is claiming. Examiner believes the claims should have been the same as claims 7-8. Thus, in order to examine this application, examiner will assume the limitation is “the movable retaining member being provided on one side facing toward the electronic card…” Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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, 3, 7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 10,299,397; hereinafter “Chen”) Regarding claim 1 as best understood, Chen discloses an electronic card retaining device (100, Figs. 1A-1C, 6-9), comprising: a seat mounted (102, Figs. 1A-1C) on a motherboard (same as 802, Figs. 6-9); a movable retaining member (104, Figs. 1A-1C) assembled to the seat (as shown in Figs. 1A, 1B); and a stopper section (same as 133, Fig. 1C), an elastic arm (same as combination of 125+106, Fig. 1C) located opposite to the stopper section, a guide section (same as 101, Fig. 1C), and a mating guide section (elongated slots on sides of 102 for the tab/hook 101, Figs. 1A-1C) corresponding to the guide section provided between the seat and the movable retaining member (as shown in Figs. 1A-1B); the mating guide section being engaged with the guide section to drive the movable retaining member to elastically displace between a retaining position (natural position in Fig. 8 when no applied force from a user) and a release position (position of Fig. 8 where a user applies force toward right to release 806) relative to an electronic card (806, Figs. 6-9); the elastic arm being provided on one of the seat and the movable retaining member, and the stopper section being provided on the other one of the seat and the movable retaining member (see Figs. 1A-1C); wherein when the movable retaining member is subjected to an external force (a user’s force) to move from an initial position (position in Figs. 6, 7), i.e. the retaining position, to the release position, the movable retaining member is brought to move out of the position capable of retaining the electronic card in place while the elastic arm is stopped by the stopper section to become elastically deformed and store an elastic restoring force; and wherein when the movable retaining member is released from the external fore applied thereto, the elastic arm is driven by the stored elastic restoring force to displace the movable retaining member from the release position back to the retaining position and retain the electronic card in place on the motherboard (see col. 5, ln. 18 - col. 6, ln. 2; can also refer Figs. 1A-1C and 6-9). Regarding claim 3, Chen discloses the electronic card retaining device as claimed in claim 1, and Chen further teaches wherein the movable retaining member includes a receiving space (space under 116+103 for 125+106 in Figs. 1A-1C) for receiving the elastic arm and the stopper section therein (see Figs. 1A-1C); the mating guide section being two elongate guide slots (elongated guide slots on two sides of 102 for the tab/hook 101 in Figs. 1A-1C) located at two lateral sides of the receiving space, and the elongate guide slots being extended along an elastic displacement direction (horizontal direction in Fig. 1B) of the movable retaining member relative to the seat; the guide section being two elastic plates (101 must be elastic in order to insert into the elongated guide slots on 102) located at two lateral sides of the seat corresponding to the elongate guide slots, and the elastic plates respectively having a hooked portion (same as 101 in Figs. 1A- 1C) correspondingly extending into the elongate guide slots; and the elongate guide slots guiding and limiting the hooked portions to displace in a predetermined direction and by a predetermined distance (distance is same as the length of the elongated guide slots), such that the movable retaining member can be assembled and limited to the seat to move along an elastic displacement path (path along compression of 106 within 124, Figs. 1A-C). Regarding claim 7, Chen discloses the electronic card retaining device as claimed in claim 1, and Chen further discloses further teaches wherein the electronic card has two ends (left and right ends 806 shown in Figs. 6-9), one of which is an engaging end (808, Figs. 6-9) and the other of which is an electrical connecting end (left end of 806 inherently electrical in Figs. 6-9); the electrical connecting end being electrically connected to a terminal block (804, Figs. 6-9) provided on the motherboard, and the engaging end being provided on an edge thereof with a locating notch (same as 808, Figs. 6-9); the movable retaining member being provided on one side facing toward the electronic card with a locating protrusion (same as 114 or 128, Figs. 1A-1C, 6-9) corresponding to the locating notch (see Figs. 6-9) and the locating protrusion having a pressing section (108, Figs. 6-9) provided above it and projecting toward the electronic card; and the pressing section having a bevel surface (108 has a bevel surface as shown in Figs. 1A-1C and 6-9) facing toward the locating notch of the electronic card (as shown in Figs. 6-9). Regarding claim 9 as best understood, Chen discloses the electronic card retaining device as claimed in claim 3, and Chen further discloses further teaches wherein the electronic card has two ends (left and right ends 806 shown in Figs. 6-9), one of which is an engaging end (808, Figs. 6-9) and the other of which is an electrical connecting end (left end of 806 inherently electrical in Figs. 6-9); the electrical connecting end being electrically connected to a terminal block (804, Figs. 6-9) provided on the motherboard, and the engaging end being provided on an edge thereof with a locating notch (same as 808, Figs. 6-9); the movable retaining member being provided on one side facing toward the electronic card with a locating protrusion (same as 114 or 128, Figs. 1A-1C, 6-9) corresponding to the locating notch (see Figs. 6-9) and the locating protrusion having a pressing section (108, Figs. 6-9) provided above it and projecting toward the electronic card; and the pressing section having a bevel surface (108 has a bevel surface as shown in Figs. 1A-1C and 6-9) facing toward the locating notch of the electronic card (as shown in Figs. 6-9). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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 1-4 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kho et al. (US 10,234,913; hereinafter “Kho”) in view of Chen et al. (US 10,299,397; hereinafter “Chen”). Regarding claim 1 as best understood, Kho teaches an electronic card retaining device (300, Figs. 3-8), comprising: a seat (102, Figs. 1, 3-5) mounted on a printed circuit board (502, Figs. 5-8); a movable retaining member (202, Figs. 2) assembled to the seat (as shown in Figs. 3-7); and a stopper section (left section of 102, Figs. 3-7), an elastic arm (same as combination 104+204, Fig. 2) located opposite to the stopper section (as shown in Figs. 3-7), a guide section (hook of 202 shown in Fig. 2), and a mating guide section (elongated slots on sides of 102 for the hook of 202 as shown in Figs. 1 and 3-7) corresponding to the guide section provided between the seat and the movable retaining member (as shown in Figs. 3-7); the mating guide section being engaged with the guide section to drive the movable retaining member to elastically displace between a retaining position (position shown in Fig. 5) and a release position (position shown in Fig. 6) relative to an electronic card (504, Figs. 5, 6); the elastic arm being provided on one of the seat and the movable retaining member (as shown in Figs. 2-7), and the stopper section being provided on the other one of the seat and the movable retaining member (as shown in Figs. 1 and 3-7); wherein when the movable retaining member is subjected to an external force to move from an initial position (same as Fig. 5), i.e. the retaining position (Fig. 5), to the release position (Fig. 6), the movable retaining member is brought to move out of the position capable of retaining the electronic card in place while the elastic arm is stopped by the stopper section to become elastically deformed and store an elastic restoring force (col. 5, lns. 28-34 and self-explanatory in Fig. 6); and wherein when the movable retaining member is released from the external fore applied thereto, the elastic arm is driven by the stored elastic restoring force to displace the movable retaining member from the release position back to the retaining position and retain the electronic card in place on the PCB (self-explanatory from Fig. 6 to Fig. 5 due to compression spring 104). Kho does not teach the PCB is a motherboard. However, Chen teaches an electronic card retaining device (100, Fig. 1A-1C and 6-9) a seat (102 of 100, Fig. 1A-1C) mounted on motherboard (same as 802, Figs. 6-9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the PCB is a motherboard in Kho, as taught by Chen, in order to utilize the electronic card retaining device in other types of PCB, such as a motherboard/mainboard, to retain the electronic/expansion card. Regarding claim 2, Kho in view of Chen teaches the electronic card retaining device as claimed in claim 1, and Kho further teaches wherein the stopper section is provided on one side facing toward the elastic arm with a bevel guiding surface (see cropped Fig. 4 below). PNG media_image1.png 307 384 media_image1.png Greyscale Regarding claim 3, Kho in view of Chen teaches the electronic card retaining device as claimed in claim 1, and Kho further teaches wherein the movable retaining member includes a receiving space (space for 104+204 in Fig. 2) for receiving the elastic arm and the stopper section therein (see Figs. 3-7); the mating guide section being two elongate guide slots located at two lateral sides of the receiving space (as shown in Figs. 1, 3-7), and the elongate guide slots being extended along an elastic displacement direction (left and right direction in Figs. 3-7) of the movable retaining member relative to the seat; the guide section being two elastic plates (sides of hooks 202 must be elastic in order to insert into the elongated guide slots on 102) located at two lateral sides of the seat corresponding to the elongate guide slots, and the elastic plates respectively having a hooked portion (same as hook of 202 shown in Fig. 2) correspondingly extending into the elongate guide slots; and the elongate guide slots guiding and limiting the hooked portions to displace in a predetermined direction and by a predetermined distance (as shown in Figs. 3-7), such that the movable retaining member can be assembled and limited to the seat to move along an elastic displacement path (see horizontal path as shown in Figs. 3-7). Regarding claim 4, Kho in view of Chen teaches the electronic card retaining device as claimed in claim 2, and Kho further teaches wherein the movable retaining member includes a receiving space (space for 104+204 in Fig. 2) for receiving the elastic arm and the stopper section therein (see Figs. 3-7); the mating guide section being two elongate guide slots located at two lateral sides of the receiving space (as shown in Figs. 1, 3-7), and the elongate guide slots being extended along an elastic displacement direction (left and right direction in Figs. 3-7) of the movable retaining member relative to the seat; the guide section being two elastic plates (sides of hooks 202 must be elastic in order to insert into the elongated guide slots on 102) located at two lateral sides of the seat corresponding to the elongate guide slots, and the elastic plates respectively having a hooked portion (same as hook of 202 shown in Fig. 2) correspondingly extending into the elongate guide slots; and the elongate guide slots guiding and limiting the hooked portions to displace in a predetermined direction and by a predetermined distance (as shown in Figs. 3-7), such that the movable retaining member can be assembled and limited to the seat to move along an elastic displacement path (see horizontal path as shown in Figs. 3-7). Regarding claim 7, Kho in view of Chen teaches the electronic card retaining device as claimed in claim 1, and Kho further teaches wherein the electronic card has two ends (left and right ends of each of 504 in Fig. 8), one of which is an engaging end (left end of each of 504 in Fig. 8) and the other of which is an electrical connecting end (right end of each of 504 in Fig. 8); the electrical connecting end being electrically connected to a terminal block (block that forms 804, Fig. 8) provided on the motherboard (motherboard established in above claim 1 by Chen), and the engaging end being provided on an edge thereof with a locating notch (see left notch of 504 in Fig. 8); the movable retaining member being provided on one side facing toward the electronic card with a locating protrusion (protrusion right below 208 in Figs. 3, 5-7) corresponding to the locating notch and the locating protrusion having a pressing section (208, Figs. 3, 5-7) provided above it and projecting toward the electronic card; and the pressing section having a bevel surface (208 has bevel surface) facing toward the locating notch of the electronic card (as shown in Figs. 5-7). Regarding claim 8, Kho in view of Chen teaches the electronic card retaining device as claimed in claim 2, and Kho further teaches wherein the electronic card has two ends (left and right ends of each of 504 in Fig. 8), one of which is an engaging end (left end of each of 504 in Fig. 8) and the other of which is an electrical connecting end (right end of each of 504 in Fig. 8); the electrical connecting end being electrically connected to a terminal block (block that forms 804, Fig. 8) provided on the motherboard (motherboard established in above claim 1 by Chen), and the engaging end being provided on an edge thereof with a locating notch (see left notch of 504 in Fig. 8); the movable retaining member being provided on one side facing toward the electronic card with a locating protrusion (protrusion right below 208 in Figs. 3, 5-7) corresponding to the locating notch and the locating protrusion having a pressing section (208, Figs. 3, 5-7) provided above it and projecting toward the electronic card; and the pressing section having a bevel surface (208 has bevel surface) facing toward the locating notch of the electronic card (as shown in Figs. 5-7). Regarding claim 9 as best understood, Kho in view of Chen teaches the electronic card retaining device as claimed in claim 3, and Kho further teaches wherein the electronic card has two ends (left and right ends of each of 504 in Fig. 8), one of which is an engaging end (left end of each of 504 in Fig. 8) and the other of which is an electrical connecting end (right end of each of 504 in Fig. 8); the electrical connecting end being electrically connected to a terminal block (block that forms 804, Fig. 8) provided on the motherboard (motherboard established in above claim 1 by Chen), and the engaging end being provided on an edge thereof with a locating notch (see left notch of 504 in Fig. 8); the movable retaining member being provided on one side facing toward the electronic card with a locating protrusion (protrusion right below 208 in Figs. 3, 5-7) corresponding to the locating notch and the locating protrusion having a pressing section (208, Figs. 3, 5-7) provided above it and projecting toward the electronic card; and the pressing section having a bevel surface (208 has bevel surface) facing toward the locating notch of the electronic card (as shown in Figs. 5-7). Regarding claim 10 as best understood, Kho in view of Chen teaches the electronic card retaining device as claimed in claim 4, and Kho further teaches wherein the electronic card has two ends (left and right ends of each of 504 in Fig. 8), one of which is an engaging end (left end of each of 504 in Fig. 8) and the other of which is an electrical connecting end (right end of each of 504 in Fig. 8); the electrical connecting end being electrically connected to a terminal block (block that forms 804, Fig. 8) provided on the motherboard (motherboard established in above claim 1 by Chen), and the engaging end being provided on an edge thereof with a locating notch (see left notch of 504 in Fig. 8); the movable retaining member being provided on one side facing toward the electronic card with a locating protrusion (protrusion right below 208 in Figs. 3, 5-7) corresponding to the locating notch and the locating protrusion having a pressing section (208, Figs. 3, 5-7) provided above it and projecting toward the electronic card; and the pressing section having a bevel surface (208 has bevel surface) facing toward the locating notch of the electronic card (as shown in Figs. 5-7). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES WU whose telephone number is (571)270-7974. The examiner can normally be reached Monday - Friday, 9:00AM - 5:00PM. 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, Allen Parker can be reached at (303)297-4722. 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. /JAMES WU/ Primary Examiner, Art Unit 2841
Read full office action

Prosecution Timeline

Feb 23, 2024
Application Filed
Nov 26, 2025
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+34.6%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 713 resolved cases by this examiner. Grant probability derived from career allow rate.

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