Detailed Action begins on Page 3
Table of Contents
Notice of Pre-AIA or AIA Status 3
Drawings 3
Claim Objections 3
Claim Rejections - 35 USC § 112(b) 4
Claims 1-20 4
Claim Rejections - 35 USC § 103 5
Claims 1-4 and 7-20 6
Allowable Subject Matter 11
Citation of Relevant Art 11
Conclusion 13
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “122b” in Figure 3 has been used to designate both main surface 122b and outer peripheral surface 122c. Figure 2 and Figure 4 for example show the correct reference character of 122c for the outer peripheral portion of the cover plate 122.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 objected to because of the following informalities: the limitation “an vibration plate” should instead recite “a vibration plate”.
Appropriate correction is required.
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 1-20
Claim 1-20 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 cover plate formed to have a plate shape” and the meaning of “plate shape” is indefinite as defining the shape of the cover plate based on its inherent function, being a plate, and cover plates can come in many different shapes which leads to the limitation “plate shape” not having a clear meaning to a person of ordinary skill in the art for purposes of defining the metes and bounds of the claim limitation.
Claims 2-20 depend from claim 1 and are rejected therein.
Regarding Claim 3, it recites the limitations “with a first joining member interposed” and “with a second joining member of an annular shape interposed” and in both of these limitations it is not particularly clear how the first joining member and the second joining member are each interposed or what elements they are interposed between.
Claims 5, 9, and 13 depend from claim 3 and are rejected therein.
Regarding Claim 4, it recites the limitations “with a first joining member interposed” and “with a second joining member of an annular shape interposed” and in both of these limitations it is not particularly clear how the first joining member and the second joining member are each interposed or what elements they are interposed between.
Claims 6, 10, and 14 depend from claim 4 and are rejected therein.
Regarding Claim 15, it recites the limitations “an outer peripheral portion of the cover plate” and “an opening” and it is not clearly defined whether these limitations are the same as the outer peripheral surface of the cover plate introduced in claim 11 and the opening introduced in claim 1, respectively, or if these are separate and distinct limitations. Proper use of antecedent basis or a clear distinction between these elements is required.
Claims 16-18 depend from claim 15 and are rejected therein.
Regarding Claim 16, it recites the limitation “an outer peripheral edge of the cover plate” and it is not clearly defined whether this is the same element as “a peripheral edge of the cover plate” introduced in claim 15 or a separate and distinct element. . Proper use of antecedent basis or a clear distinction between these elements is required.
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 1-4 and 7-20
Claims 1-4 and 7-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ozawa (JP 2010243165 A) in view of Ihochi et al. (GB 2061572 A, hereinafter “Ihochi”).
Regarding Claim 1, Ozawa discloses a device comprising: a case body (3) including a cylindrical peripheral wall portion (31) [fig. 2]; a cover frame (4) provided on one side of the peripheral wall portion of the case body and having an opening (opening formed by the inner side of the cover frame) [fig. 2, fig. 3]; a cover plate (5) formed to have a plate shape and arranged in the opening of the cover frame [fig. 2, fig. 3];
Ozawa does not disclose a vibration plate joined to the cover plate by a third joining member, wherein the vibration plate and the cover plate are spaced apart from each other, with the third joining member interposed.
Ihochi discloses a back cover for a timepiece including a rear cover plate (6) with a vibration plate (8) joined to the cover plate by a third joining member (14) [page 1 lines 43-69], wherein the vibration plate and the cover plate are spaced apart from each other, with the third joining member interposed [fig. 2]. A wristwatch including this structure is able to produce sound and achieve an alarm function for the user of the wristwatch [page 1 lines 3-13, 93-123].
A person having ordinary skill in the art, before the effective filing date of the claimed invention, would have found the combination of Ozawa and Ihochi obvious as a use of a known technique to improve a similar device in the same way. The prior art of Ozawa contained a “base” device of a timepiece having a cover plate, cover frame, and case body assembly for attaching the cover plate on to the rear of the timepiece with the claimed invention being seen as an improvement on this by including the vibration plate and third joining member for attaching the vibrating plate to the cover plate. The prior art of Ihochi discloses a comparable device, a timepiece with a rear cover plate, that has been improved in the same way as the claimed invention by providing a vibration plate (8) joined to the cover plate by a third joining member (14) and achieving a sound producing alarm function with the timepiece. One of ordinary skill in the art could have easily applied the improvement disclosed by Ihochi to the base device and the results would have been predictable, the vibration plate and piezoelectric elements are readily attachable to the inside of the cover plate of Ozawa like that done by Ihochi and the function of producing sound with a timepiece is well established in the art to be an obvious combination for a person having ordinary skill in the art.
Regarding Claim 2, Ozawa and Ihochi disclose the device according to claim 1, and Ihochi further discloses the device comprising a piezoelectric ceramic plate (7) provided on a main surface of the vibration plate [fig. 2], wherein the third joining member is circular [fig. 2, fig. 3] [page 2 lines 44-51]. Ihochi does not specifically describe a ceramic piezoelectric plate, but in selecting the material for the piezoelectric plate of Ihochi a person having ordinary skill in the art would easily select a ceramic element as obvious to try from among a finite number for solutions for the type of piezoelectric element.
Regarding Claim 3, Ozawa and Ihochi disclose the device according to claim 1, and Ozawa further discloses wherein the cover plate is arranged in the opening [fig. 2], includes an outer peripheral surface opposed to an inner peripheral surface of the opening [fig. 3], with a first joining member (6) interposed, and a main surface (top) supported on a surface on one side of an edge portion of the opening of the cover frame (bottom of 41), with a second joining member (34) of an annular shape interposed [fig. 3], and covers one side of the opening [fig. 2].
Regarding Claim 4, Ozawa and Ihochi disclose the device according to claim 2, and Ozawa further discloses wherein the cover plate is arranged in the opening [fig. 2], includes an outer peripheral surface opposed to an inner peripheral surface of the opening [fig. 3], with a first joining member (6) interposed, and a main surface (top) supported on a surface on one side of an edge portion of the opening of the cover frame (bottom of 41), with a second joining member (34) of an annular shape interposed [fig. 3], and covers one side of the opening [fig. 2].
Regarding Claim 7, Ozawa and Ihochi disclose the device according to claim 1, and Ozawa further discloses wherein the cover frame includes an engagement cylinder portion (41) including a fastening portion fastened to an inner periphery of the peripheral wall portion of the case body [fig. 2] (fastened by 34 to the inner periphery).
Regarding Claim 8, Ozawa and Ihochi disclose the device according to claim 2, and Ozawa further discloses wherein the cover frame includes an engagement cylinder portion (41) including a fastening portion fastened to an inner periphery of the peripheral wall portion of the case body [fig. 2] (fastened by 34 to the inner periphery).
Regarding Claim 9, Ozawa and Ihochi disclose the device according to claim 3, and Ozawa further discloses wherein the cover frame includes an engagement cylinder portion (41) including a fastening portion fastened to an inner periphery of the peripheral wall portion of the case body [fig. 2] (fastened by 34 to the inner periphery).
Regarding Claim 10, Ozawa and Ihochi disclose the device according to claim 4, and Ozawa further discloses wherein the cover frame includes an engagement cylinder portion (41) including a fastening portion fastened to an inner periphery of the peripheral wall portion of the case body [fig. 2] (fastened by 34 to the inner periphery).
Regarding Claim 11, Ozawa and Ihochi disclose the device according to claim 1, and Ozawa further discloses wherein an inner peripheral surface of the opening of the cover frame and an outer peripheral surface of the cover plate are spaced apart from each other [fig. 3] (spaced apart with packing/first joining member 6) [fig. 3].
Regarding Claim 12, Ozawa and Ihochi disclose the device according to claim 2, and Ozawa further discloses wherein an inner peripheral surface of the opening of the cover frame and an outer peripheral surface of the cover plate are spaced apart from each other [fig. 3] (spaced apart with packing/first joining member 6) [fig. 3].
Regarding Claim 13, Ozawa and Ihochi disclose the device according to claim 3, and Ozawa further discloses wherein an inner peripheral surface of the opening of the cover frame and an outer peripheral surface of the cover plate are spaced apart from each other [fig. 3] (spaced apart with packing/first joining member 6) [fig. 3].
Regarding Claim 14, Ozawa and Ihochi disclose the device according to claim 4, and Ozawa further discloses wherein an inner peripheral surface of the opening of the cover frame and an outer peripheral surface of the cover plate are spaced apart from each other [fig. 3] (spaced apart with packing/first joining member 6) [fig. 3].
Regarding Claim 15, Ozawa and Ihochi disclose the device according to claim 11, and Ozawa further discloses wherein the cover frame includes an annular frame base (part of 4 that is not flange 41) arranged opposite to an outer peripheral portion of the cover plate [fig. 2], and an inner flange portion (41) protruding inward from the frame base into an opening and arranged opposite to a peripheral edge of the cover plate [fig. 2].
Regarding Claim 16, Ozawa and Ihochi disclose the device according to claim 15, and Ozawa further discloses wherein an outer peripheral edge of the cover plate is opposed to one side of the inner flange portion [fig. 3], with a second joining member interposed (34), and a peripheral groove (groove formed by 41 where 342 fits) in which part of the second joining member can be arranged is formed in an inner peripheral surface of the frame base [fig. 3].
Regarding Claim 17, Ozawa and Ihochi disclose the device according to claim 16, and Ozawa further discloses wherein a main surface of the cover plate (top of 5) and a back surface of the inner flange (41) portion of the cover frame are spaced apart from each other to form a gap in which the second joining member (34) is interposed [fig. 3].
Regarding Claim 18, Ozawa and Ihochi disclose the device according to claim 16, and Ihochi further discloses the vibration plate is spaced apart from the cover plate and connected by its ends to the case body and the second joining member [fig. 2], and applying a similar placement to the timepiece of Ozawa meets the limitation wherein an inner peripheral surface of the inner flange portion of the cover frame and an outer peripheral surface of the vibration plate are spaced apart from each other in a radial direction to form a gap.
Regarding Claim 19, Ozawa and Ihochi disclose the device according to claim 1, and Ozawa further discloses a watch (1) [fig. 2] [abstract] comprising: a device as recited in claim 1; a watch module (2) arranged in a housing portion formed inward of the peripheral wall of the case body; and a cover (32) covering another side of the watch module [fig. 2].
Regarding Claim 20, Ozawa and Ihochi disclose the device according to claim 2, and Ozawa further discloses a watch (1) [fig. 2] [abstract] comprising: a device as recited in claim 1; a watch module (2) arranged in a housing portion formed inward of the peripheral wall of the case body; and a cover (32) covering another side of the watch module [fig. 2].
Allowable Subject Matter
Claims 5-6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Citation of Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Nakamura et al. (JP 2013002920 A) discloses an electronic device with a solar cell includes: cover glass 5 fitted internally into a case opening 4 of an exterior case 2 via glass packing 15; and a solar panel 6 disposed at a back face of the cover glass 5 at a predetermined interval from the cover glass 5, while a pedestal part 9 capable of placing an outer peripheral part of the cover glass 5 and capable of positioning a surface direction of the solar panel 6, is formed at an inner periphery of the case opening 4. The glass packing 15 includes: a packing body 16 interposed between the case opening 4 and the cover glass 5; and a flange part 17 extending from an edge part of the pedestal part 9 side of the packing body 16 and interposed between the cover glass 5 and the pedestal part 9, while a pedestal opening 14a where at least a portion of the flange part 17 is exposed, is formed on the pedestal part 9.
Mavilla et al. (US 20080043577 A1) discloses a watchcase including a middle part (2) defining a housing (4) closed by a crystal and a back cover (6), the back cover (6) having a screw thread portion (14) in a first direction, characterised in that the middle part (2) includes a screw thread portion (16) in a second direction opposite to screw thread direction of the back cover (6), and in that said watchcase further includes an intermediate element (8) having a first screw thread portion (18) cooperating with the screw thread portion (14) of the back cover (6) and a second screw thread portion (20) cooperating with the screw thread portion (16) of the middle part (2).
Meylan (CN 1512281 A) discloses an electronic watch provided with the large size battery pack, in particular comprises several batteries or accumulators (41, 42) of the battery pack, sealed table shell rear cover (14) is larger than the bottom opening of the detachable cover (20) whose diameter is limited by the following factors, namely the cover equipped with a bayonet fitting locking element (56) pointing to inside in radial direction. one or more chambers of these locking elements lock has a battery pack of a fixed support (22). thereof is provided with an annular part (50) on the top of cover is cylindrical. it always can ensure the waterproof sealing gasket (52) is set around the annular part, and radial compression against the cylindrical surface of the periphery of the opening in the back cover (16), so even if there is no rotary bayonet fitting in an appropriate manner. According to one variant, the cover can form the shell of the whole back cover.
Hirai et al. (JP 09318774 A) discloses a waterproof member (10) comprised by a piezoelectric element (11) and a resonant panel (12) provided in a clock case (1). A circuit substrate (6) outputs the oscillation signal to the waterproof member. An elastic connection piece (13) is provided between the waterproof member and the circuit substrate and connects them electrically. The peripheral part of the resonant panel is pressed by a press part (15a) of a seal part (15).
Conclusion
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/KEVIN ANDREW JOHNSTON/Examiner, Art Unit 2844
/REGIS J BETSCH/SPE, Art Unit 2844