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 01/30/2026 have been fully considered but they are not persuasive.
In response to Applicants arguments that the amended feature would not be present in the combined device, that limitation does not overcome the prior art. Examiner points out that once the cover is detached, it can be moved in any direction.
In addition, applicant argues the shaft part 321 of Sekino considered to be the “first sliding part” is improper because the shaft part moves in a direction parallel to the direction, in which the cover moves when the cover is opened. Examiner points out that the first sliding portion of Murata has a pawl (31) but is not movable between a first position and a second position is a second direction crossing the first direction. Substituting the shaft of Sekino for the first sliding portion of Murata, with the pawl pointing in the same direction [towards the first wall (4)], the shaft is movable in the direction which crosses the first direction.
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 1 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.
The limitation “configured to move” in claim 1 does not provide any structure elements to move the cover in a first direction once it has been detached.
Dependent claims 2-13 inherit the profile of independent claim 1 and therefore are also rejected.
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.
Claim(s) 1, 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Murata (US 2005/0002716) and further in view of Sekino (US 2008/0003040).
With regard to claim 1, Murata discloses a printing device [Fig. 1] comprising:
a print head (22) [thermal head; Para. 0044] configured to perform printing on a print medium (12) [thermal tape; Para. 0037];
a housing (2) [main body; Para. 0036] accommodating therein the print head, the housing comprising:
a first wall (4) [upper unit; para. 0036; Fig. 2];
a second wall (13A) [grip member; Para. 0036; Fig. 2] arranged to oppose the first wall in a first direction [front to back; Fig. 2], the second wall having an opening (27) [battery accommodating section, Para. 00046; Fig. 3];
a third wall (5) [top of second wall; Para. 0040; Fig. 2] connecting the first wall to
the second wall; and
an engaged part (not shown) [insertion section 30 engages and disengages from the bottom face of the lower unit i.e second wall (13A); Para. 0080] provided at the third wall [Fig. 2];
and
a removable cover (3) [rear cover; Para. 0025; Fig. 2] detachably attached to the housing [Para. 0036], the removable cover comprising:
a first portion [Fig. 3] configured to cover the opening, the first portion extending to cross the first direction; and
a second portion extending in the first direction [Fig. 4], the second portion having a first engaging part (30) [second insertion section; Para. 0047; Fig. 4] configured to engage with the engaged part and
a first sliding part (30) [insertion section; Para. 0047] movable between a first position and a second position [attached and detached position] and a second direction crossing the first direction [Fig. 2], the first sliding part having a pawl (31) [Para. 0047; Figs. 1 and 4],
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the removable cover configured to move in the first direction when the removable cover is detached from the housing [Once the cover is detached, it can be moved in any direction].
However, Murata does not disclose the first engaging part comprising: a first sliding part movable between a first position and a second position in a second direction crossing the first direction,
wherein when the first sliding part is in the first position, the pawl is aligned with the engaged part in the first direction and is in contact with the engaged part, and wherein when the first sliding part is in the second position, the pawl is positioned away from the engaged part and is not aligned with the engaged part in the first direction.
However, Sekino teaches a first engaging part comprising: a first sliding part (321) movable between a first position [Fig. 12] and a second position [Fig. 13] in a second direction crossing the first direction, the first sliding part having a pawl (330) [Para. 0101], wherein when the first sliding part is in the first position [Fig. 12], the pawl is aligned with the engaged part (319/333) in the first direction and is in contact with the engaged part [Fig. 12], and wherein when the first sliding part is in the second position [Fig. 13], the pawl is positioned away from the engaged part and is not aligned with the engaged part in the first direction [Fig. 13].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the second portion of Murata with a first sliding part movable between a first position and a second position, having the pawl aligned with an engaged part in the first direction and not aligned with the engaged part in the first direction as taught by Sekino for the purpose of locking and unlocking the cover to and from the housing.
With regard to claim 6, Murata's modified printing device discloses all the limitations of claim 1, and Sekino also discloses wherein the first sliding part has an operation part (322) [disklike button part; Fig. 12] configured to receive an operation to move the first sliding part from the first position to the second position.
With regard to claim 7, Murata's modified printing device discloses all the limitations of claim 6, and Sekino discloses wherein the first engaging part further comprises: an urging member (323) [Para. 0102; Fig. 12] configured to urge the first sliding part toward the first position.
With regard to claim 8, Murata's modified printing device discloses all the limitations of claim 1, and Murata also discloses wherein the third wall has an outer surface extending in the second direction [Fig. 2].
With regard to claim 9, Murata's modified printing device discloses all the limitations of claim 8,and Murata also discloses wherein the second portion is provided at one end portion of the first portion [Fig. 4], another end portion of the first portion being positioned closer to the third wall than the another end portion of the first portion is to the third wall while the first portion covers the opening [Fig. 4],
wherein the first portion has a second engaging part (28) [first insertion sections; Para. 0047] at the another end portion of the first portion, and wherein the second wall has an edge portion [Fig. 3] defining the opening, the second engaging part being in contact with the edge portion while the first portion covers the opening [Figs. 2, 4].
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Murata (US 2005/0002716) and further in view of Sekino (US 2008/0003040) as applied to claim 9 above, and further in view of Obara (JP 4589485).
With regard to claim 10, Murata's modified printing device discloses all the limitations of claim 9, and Murata discloses the first portion covering the opening while the removable cover is in the closed state, the first portion not covering the opening while the removable cover is in the open state
Murata modified does not disclose wherein the removable cover is movable between a closed state and an open state by pivotally moving about the second engaging part with the second engaging part in contact with the edge portion.
However, Obara teaches a removable cover (16) is movable between a closed state [Fig. 1] and an open state [Fig. 2] by pivotally moving about a second engaging part (20-24) [Para. 0014] with the second engaging part in contact with the edge portion [Fig. 2].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the removable cover of Murata to move about a second engaging part with the second engaging part in contact with the edge portion in order to open and close the removable cover without fully removing from the printing device and being susceptible to being dropped, broken and/or misplaced.
Claim(s) 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Murata (US 2005/0002716) in view of Sekino (US 2008/0003040) in view of Obara (JP 4589485) as applied to claim 10 above, and further in view of Takano (JP 2013154478).
With regard to claim 11, Murata's modified printing device discloses all the limitations of claim 10, but does not disclose wherein the removable cover further comprises a first mounting part to which an accessory member used for holding the printing device with hand is attachable.
However, Takano discloses wherein the removable cover (11) [Figs. 3 and 4] further comprises a first mounting part (18b) to which an accessory member (3) used for holding the printing device with hand is attachable.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the removable cover of Murata with a first mounting part to which an accessory member used for holding the printing device with hand is attachable in order to support a suspended main body.
With regard to claim 13, Murata's modified printing device discloses all the limitations of claim 11 and Takano also discloses wherein the removable cover further comprises a second mounting part (18b) [screw holes provided on the other side wall 18a; Fig. 4]to which the accessory member is attachable, the second mounting part being provided in an outer surface of the another end portion of the first portion [Fig. 4],
wherein the first mounting part is provided in an outer surface of the one end portion of the first portion [Fig. 4], and
wherein the accessory member is used for holding the printing device with one hand while one end portion of the accessory member is attached to the first mounting part and another end portion of the accessory member is attached to the second mounting part [Fig. 1].
Allowable Subject Matter
Claims 2-5 and 12 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.
Claims 2-5 are objected to because the prior art does not teach or make obvious "wherein the first engaging part further comprises: a second sliding part movable between a third position and fourth position in the first direction while the first portion covers the opening,".
Claim 12 is objected to because the prior art does not teach or make obvious "wherein the housing further comprises a second mounting part to which the accessory member is attachable, the second mounting part being provided in an outer surface of the second wall and being positioned on an opposite side of the opening from the third wall,”.
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 TRACEY M MCMILLION whose telephone number is (571)270-5193. The examiner can normally be reached Monday-Friday 6AM-2:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricardo Magallanes can be reached at 571-272-5960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRACEY M MCMILLION/ Examiner, Art Unit 2853
/RICARDO I MAGALLANES/Supervisor Patent Examiner, Art Unit 2853
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