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 .
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.
Claim 5 is 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.
Claim 5 recites the limitation "the one or more formed" in line 3; however, this recitation is unclear and indefinite.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5-8, and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub. 20160346681 to Tsai et al (Tsai) in view of US Pub. 20140094310 to Bleich et al (Bleich).
Claims 1, 13, 16, and 17. Tsai discloses a kit, comprising:
(as required by claim 17) a non-transient, computer readable storage medium containing a copy of a software program (¶26); and
(as required by claims 16 and 17) one or more replaceable annular housing components (¶¶2 and 37) comprising a plurality of guiding elements configured to be used in a user input device, the user input device, comprising:
(as required by claim 13) a handheld controller (Fig. 2, and ¶¶26 and 81), which includes one or more user input devices, each user input device comprising:
a thumbstick (Fig. 3, elements 204 and 206, and ¶41);
a housing that partially encloses a base of the thumbstick without contacting the base so as to form a clearance between at least a part of an inner surface of the housing and at least a part of the base (Fig. 5, and ¶48, there is space between game controller surface and base holding the thumbstick); and
a guide (Fig. 1, 126) for guiding the motion of the thumbstick to follow one or more distinct directions when a position of the thumbstick relative to a neutral position thereof falls within a predetermined range of thumbstick positions, at least a part of the guide being disposed within the clearance (Fig. 1, 126, and ¶¶30, 48, and 50).
Tsai fails to explicitly disclose the guide comprising one or more sets of interlocking elements,
each set of interlocking elements comprising:
a pin disposed on one of the inner surface of the housing and the base, and
a plurality of guiding elements disposed on the other of the inner surface of the housing and the base, the plurality of guiding elements being arranged so as to form one or more which the pin follows when the pin is engaged with the plurality of guiding elements, the one or more paths defining the one or more distinct directions.
Bleich teaches the guide comprising one or more sets of interlocking elements (Fig. 6)
each set of interlocking elements comprising:
a pin (Fig. 6, element 618, and ¶¶154-156) disposed on one of the inner surface of the housing and the base, and
a plurality of guiding elements (Fig. 6, elements 608a+b) disposed on the other of the inner surface of the housing and the base, the plurality of guiding elements being arranged so as to form one or more paths (Fig. 6, element 614, and ¶153 “slot”) which the pin follows when the pin is engaged with the plurality of guiding elements, the one or more paths defining the one or more distinct directions (Fig. 6 and ¶¶152-156). The game controller of Tsai would have motivation to use the teachings of Bleich in order to further limit the movement of the thumbstick in doing so would assist game controller users with proper movements in which a corresponding game console will recognize.
It would have been obvious to a person ordinary skill in the art before the effective filing date of the claimed invention to modify the game controller of Tsai with the teachings of Bleich in order to assist game controller users with proper game input movements in which a corresponding game console will recognize.
Claim 5. Tsai in view of Bleich teaches wherein, for at least one set of interlocking elements, the respective pin thereof, when engaged with the respective plurality of guiding elements thereof, is constrained to follow the one or more formed by the respective plurality of guiding elements thereof regardless of a magnitude and/or direction of a force exerted on the thumbstick (see Bleich Fig. 6, and ¶¶156-157, the joystick shaft will follow the openings of the structural slot compartments).
Claim 6. Tsai in view of Bleich teaches wherein, for each set of interlocking elements, the respective plurality of guiding elements thereof are disposed within a respective predetermined area of the other of the inner surface of the housing and the base, wherein a location and a geometry of the respective predetermined area defines a location and a geometry of at least a part of the predetermined range of thumbstick positions (see Bleich Fig. 6, and ¶¶156-157, the components configuration are arranged in areas and a manner that would restrict and limit the movement of the joystick).
Claim 7. Tsai in view of Bleich teaches wherein, for a given set of interlocking elements, the one or more paths formed by the respective plurality of guiding elements thereof comprise one or more predefined patterns (see Bleich ¶153 “x-direction”, and “y-direction”, also see Fig. 5A).
Claim 8. Tsai in view of Bleich teaches wherein one of the predefined patterns comprises a cross defining cardinal directions (see Bleich ¶153 “x-direction”, and “y-direction”) for the thumbstick to follow within the predetermined range of thumbstick position.
Claim 10. Tsai in view of Bleich teaches wherein one or more of the predefined patterns (see Bleich ¶153 “x-direction”, and “y-direction”) correspond to thumbstick motions that are associated with a video game (see Tsai ¶¶26-29, and see Bleich ¶158).
Claim 11. Tsai in view of Bleich teaches wherein, for at least one set of interlocking elements, at least one of the pin thereof and the plurality of guiding elements thereof comprise a rounded or chamfered tip (see Bleich Fig. 6, elements 620a+b, and 622a+b, where the motor gears have connecting tips, also see Fig. 4A, elements 404, 408, 412, and 414).
Claim 12. Tsai in view of Bleich teaches wherein, for at least one set of interlocking elements, at least one of the pin thereof and the plurality of guiding elements thereof comprise one or more rounded or chamfered edges (see Bleich Fig. 6, elements 620a+b, and 622a+b, where the motor gears have connecting edges, also see Fig. 4A, elements 404, 408, 412, and 414).
Claim 14. Tsai discloses wherein one or more of the user input devices are detachably connectable to the handheld controller (¶¶2 and 37).
Claim 15. Tsai in view of Bleich teaches wherein:
the apparatus constitutes an entertainment system having one or more handheld controllers including the handheld controller (see Tsai Fig. 2, and ¶¶26 and 81); and
an entertainment device (see Tsai ¶26),
wherein each handheld controller is configured to transmit one or more input signals to the entertainment device responsive to a given user input device’s thumbstick position relative to the given user input device’s neutral position (see Tsai ¶¶26-29 “default “center” position”; and see Bleich ¶116 “home position”).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over US Pub. 20160346681 to Tsai et al (Tsai) in view of US Pub. 20140094310 to Bleich et al (Bleich) as applied to claim 7 above, and further in view of US Pub. 20230341886 to Zhong et al (Zhong).
Claim 9. Tsai in view of Bleich fails to explicitly discloses ordinal directions.
Zhong teaches ordinal directions (¶¶42 and 44). The game controller of Tsai in view of Bleich would have motivation to use the teachings of Zhong in order to expand the input capabilities of a game controller through providing additional directional inputs that the game controller users can trigger in doing so would make game play more enjoyable.
It would have been further obvious to a person ordinary skill in the art before the effective filing date of the claimed invention to modify the game controller of Tsai in view of Bleich with the teachings of Zhong in order to make game play more enjoyable for game players because the expansion of additional directional inputs on a video game controller.
Allowable Subject Matter
Claims 2-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAMON J PIERCE whose telephone number is (571)270-1997. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at 571-270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAMON J PIERCE/Primary Examiner, Art Unit 3715