DETAILED ACTION
Notice to Applicant
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 1-20 are pending.
Priority
3. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
4. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign mentioned in the description: function buttons 1.5 (see page 3 of the specification). 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.
5. The drawings are objected to because the label indicating Figure 2 is spelled incorrectly. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
6. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character 1.1 has been used to designate both an internal component (see Figure 1) and an external component (see Figure 2). 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.
7. The drawings are objected to because, in Figure 1, it appears that the component indicated as the activation button 1.2 is actually the elastomeric material. Additionally, it appears that the component indicated as the elastomeric material 1.1 is actually the activation button. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 Rejections - 35 USC § 112
8. 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.
9. Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Per claim 1, the limitations “the pinpointer detector” in line 1, “the user” in line 2, “the system” in line 2, “the activation button” in line 3, “the elastomeric material” in line 3, “the water” in line 4, and “the cover” in line 4 lack sufficient antecedent bases. Appropriate correction is required. For the purpose of examination, said limitations are interpreted as implying “a pinpointer detector,” “a user,” “a system,” “an activation button,” “an elastomeric material,” “water,” and “a cover.” Dependent claims 2-20 are consequently rejected due to their dependence on clam 1.
Per claim 1, the limitation “water passage holes” in line 4 is referred to as a “water passage hole” in line 6 and in various dependent claims. Therefore, it is unclear if the limitation “water passage holes” in line 4 refers to a “water passage hole.” Appropriate correction is required.
Per claim 2, it is unclear if the limitation “an elastomeric material” recited in line 2 refers to the elastomeric material recited in claim 1 or if it refers to a different elastomeric material. Appropriate correction is required. For the purpose of examination, said limitation is interpreted as implying “the elastomeric material” so that it refers to the elastomeric material recited in claim 1.
Claim 7 is directed to an elastomeric material according to claim 1. However, claim 1 is directed to a pinpointer detector. Therefore, it is unclear if claim 7 includes components of the pinpointer detector recited in claim 1. Appropriate correction is required. For the purpose of examination, claim 7 is interpreted as being directed to the pinpointer detector of claim 1, wherein the elastomeric material has the characteristics described by this claim. Claims 8-9 are consequently rejected due to their dependence on claim 7. Claim 8, which is directed to an activation button according to claim 7, is interpreted as being directed to the pinpointer detector of claim 7, wherein the activation button has the characteristics described by this claim. Similarly, claim 9, which is directed to a water passage hole according to claim 8, is interpreted as being directed to the pinpointer detector of claim 8, wherein the water passage hole has the characteristics described by this claim.
Claim 7 describes the elastomeric material as being “comprised of more
flexible structure than function buttons (1.5) in order to start the system by being affected
from pressure of water earlier.” It is unclear if the first underlined portion implies that the elastomeric material is comprised of a structure that is more flexible that the function buttons. It is also unclear if the second underlined portion implies that the elastomeric material experiences elastic deformation before the functional buttons experience elastic deformation. Appropriate correction is required.
Claim 8 describes the activation button wherein “its pressing force is more flexible
than function buttons (1.5) in order to start the system by being affected from pressure of water earlier.” It is unclear if the first underlined portion implies that the activation button is more flexible than the function buttons. It is also unclear if the second underlined portion implies that the activation button experiences elastic deformation before the functional buttons experience elastic deformation. Appropriate correction is required.
Claim 9 describes the water passage hole as “preferably” comprising one or more holes. It is unclear if this preferable clause is a requirement of this claim. Appropriate correction is required. For the purpose of examination, claim 9 is interpreted as implying that the water passage hole comprises one or more holes.
Claim 10 is directed to an elastomeric material according to claim 2. However, claim 2 is directed to a pinpointer detector. Therefore, it is unclear if claim 10 includes components of the pinpointer detector recited in claim 2. Appropriate correction is required. For the purpose of examination, claim 10 is interpreted as being directed to the pinpointer detector of claim 2, wherein the elastomeric material has the characteristics described by this claim. Claims 11-12 are consequently rejected due to their dependence on claim 10. Claim 11, which is directed to an activation button according to claim 10, is interpreted as being directed to the pinpointer detector of claim 10, wherein the activation button has the characteristics described by this claim. Similarly, claim 12, which is directed to a water passage hole according to claim 11, is interpreted as being directed to the pinpointer detector of claim 11, wherein the water passage hole has the characteristics described by this claim.
Claim 10 describes the elastomeric material as being “comprised of more
lexible structure than function buttons (1.5) in order to start the system by being affected
from pressure of water earlier.” It is unclear if the first underlined portion implies that the elastomeric material is comprised of a structure that is more flexible that the function buttons. It is also unclear if the second underlined portion implies that the elastomeric material experiences elastic deformation before the functional buttons experience elastic deformation. Appropriate correction is required.
Claim 11 describes the activation button wherein “its pressing force is more flexible
than function buttons (1.5) in order to start the system by being affected from pressure of water earlier.” It is unclear if the first underlined portion implies that the activation button is more flexible than the function buttons. It is also unclear if the second underlined portion implies that the activation button experiences elastic deformation before the functional buttons experience elastic deformation. Appropriate correction is required.
Claim 12 describes the water passage hole as “preferably” comprising one or more holes. It is unclear if this preferable clause is a requirement of this claim. Appropriate correction is required. For the purpose of examination, claim 12 is interpreted as implying that the water passage hole comprises one or more holes.
Claim 13 is directed to an elastomeric material according to claim 3. However, claim 3 is directed to a pinpointer detector. Therefore, it is unclear if claim 13 includes components of the pinpointer detector recited in claim 3. Appropriate correction is required. For the purpose of examination, claim 13 is interpreted as being directed to the pinpointer detector of claim 3, wherein the elastomeric material has the characteristics described by this claim. Claims 14-15 are consequently rejected due to their dependence on claim 13. Claim 14, which is directed to an activation button according to claim 13, is interpreted as being directed to the pinpointer detector of claim 13, wherein the activation button has the characteristics described by this claim. Similarly, claim 15, which is directed to a water passage hole according to claim 14, is interpreted as being directed to the pinpointer detector of claim 14, wherein the water passage hole has the characteristics described by this claim.
Claim 13 describes the elastomeric material as being “comprised of more
flexible structure than function buttons (1.5) in order to start the system by being affected
from pressure of water earlier.” It is unclear if the first underlined portion implies that the elastomeric material is comprised of a structure that is more flexible that the function buttons. It is also unclear if the second underlined portion implies that the elastomeric material experiences elastic deformation before the functional buttons experience elastic deformation. Appropriate correction is required.
Claim 14 describes the activation button wherein “its pressing force is more flexible
than function buttons (1.5) in order to start the system by being affected from pressure of water earlier.” It is unclear if the first underlined portion implies that the activation button is more flexible than the function buttons. It is also unclear if the second underlined portion implies that the activation button experiences elastic deformation before the functional buttons experience elastic deformation. Appropriate correction is required.
Claim 15 describes the water passage hole as “preferably” comprising one or more holes. It is unclear if this preferable clause is a requirement of this claim. Appropriate correction is required. For the purpose of examination, claim 15 is interpreted as implying that the water passage hole comprises one or more holes.
Claim 16 is directed to an elastomeric material according to claim 4. However, claim 4 is directed to a pinpointer detector. Therefore, it is unclear if claim 16 includes components of the pinpointer detector recited in claim 4. Appropriate correction is required. For the purpose of examination, claim 16 is interpreted as being directed to the pinpointer detector of claim 4, wherein the elastomeric material has the characteristics described by this claim. Claims 17-18 are consequently rejected due to their dependence on claim 16. Claim 17, which is directed to an activation button according to claim 16, is interpreted as being directed to the pinpointer detector of claim 16, wherein the activation button has the characteristics described by this claim. Similarly, claim 18, which is directed to a water passage hole according to claim 17, is interpreted as being directed to the pinpointer detector of claim 17, wherein the water passage hole has the characteristics described by this claim.
Claim 16 describes the elastomeric material as being “comprised of more
flexible structure than function buttons (1.5) in order to start the system by being affected
from pressure of water earlier.” It is unclear if the first underlined portion implies that the elastomeric material is comprised of a structure that is more flexible that the function buttons. It is also unclear if the second underlined portion implies that the elastomeric material experiences elastic deformation before the functional buttons experience elastic deformation. Appropriate correction is required.
Claim 17 describes the activation button wherein “its pressing force is more flexible
than function buttons (1.5) in order to start the system by being affected from pressure of water earlier.” It is unclear if the first underlined portion implies that the activation button is more flexible than the function buttons. It is also unclear if the second underlined portion implies that the activation button experiences elastic deformation before the functional buttons experience elastic deformation. Appropriate correction is required.
Claim 18 describes the water passage hole as “preferably” comprising one or more holes. It is unclear if this preferable clause is a requirement of this claim. Appropriate correction is required. For the purpose of examination, claim 18 is interpreted as implying that the water passage hole comprises one or more holes.
Claim 19 is directed to an elastomeric material according to claim 5. However, claim 5 is directed to a pinpointer detector. Therefore, it is unclear if claim 19 includes components of the pinpointer detector recited in claim 5. Appropriate correction is required. For the purpose of examination, claim 19 is interpreted as being directed to the pinpointer detector of claim 5, wherein the elastomeric material has the characteristics described by this claim. Claim 20 is consequently rejected due to its dependence on claim 19. Claim 20, which is directed to an activation button according to claim 19, is interpreted as being directed to the pinpointer detector of claim 19, wherein the activation button has the characteristics described by this claim.
Claim 19 describes the elastomeric material as being “comprised of more
flexible structure than function buttons (1.5) in order to start the system by being affected
from pressure of water earlier.” It is unclear if the first underlined portion implies that the elastomeric material is comprised of a structure that is more flexible that the function buttons. It is also unclear if the second underlined portion implies that the elastomeric material experiences elastic deformation before the functional buttons experience elastic deformation. Appropriate correction is required.
Claim 20 describes the activation button wherein “its pressing force is more flexible
than function buttons (1.5) in order to start the system by being affected from pressure of water earlier.” It is unclear if the first underlined portion implies that the activation button is more flexible than the function buttons. It is also unclear if the second underlined portion implies that the activation button experiences elastic deformation before the functional buttons experience elastic deformation. Appropriate correction is required.
Claim Rejections - 35 USC § 103
10. 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.
11. Claims 1-20 are rejected under 35 U.S.C. 103 as being obvious in view of Matsumoto et al. (US 2008/0308396 – hereinafter “Matsumoto”) and Johnson et al. (US 9,347,798 – hereinafter “Johnson”), in further view of Deng (US 2022/0201390).
Per claim 1, Matsumoto teaches an invention is related to a detector that can automatically switch to underwater mode with no need to make any adjustments by a user by triggering a system with an activation button (Figs. 1 and 14; combination of arm portion 33c, spring hook 33d, and spring S; ¶85) activated by an elastomeric material (Figs. 1 and 14; rubber curtain 35; ¶85) pushed by the pressure force of the water entering through water passage holes (Figs. 1 and 14; holes 37b; ¶88) on a cover (Figs. 1 and 14; side lid 37; ¶81), characterized by comprising of elastomeric material, activation button, cover, water passage hole and function buttons (The detector 1, which includes buttons 5 and 31, is configured to automatically switch to an underwater mode. When the detector 1 is under water, water enters the holes 37b of the side lid 37 and applies pressure to the rubber curtain 35. The force of the water pressure causes the rubber curtain 35 to push a spring-loaded arm portion 33c which then moves a fork portion 33b that prevents a button 31 from being improperly pressed due to water pressure when the detector 1 is under water (Figs. 1 and 14; ¶37-38, 85-86, and 96)).
However, Matsumoto does not explicitly teach the detector as being a pinpointer detector comprising function buttons. In contrast, Johnson teaches a hand-held metal detector 1 designed to pinpoint metallic objects that is configured to be operated in a submerged condition and includes a switch actuator 6 (Fig. 1; col. 5, lines 31-64 and col. 6, lines 3-27). Furthermore, Deng discloses a handheld metal detector having a waterproof design comprising a plurality of buttons, such as power and menu buttons (Figs. 8-10; ¶23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the mechanism disclosed in Matsumoto for preventing improper button presses due water pressure in a pinpointer detector comprising function buttons. One of ordinary skill would make such a modification because a pinpointer detector may be operated in a submerged condition (Johnson; col. 5, lines 31-64) and include a plurality of buttons for operating the device (Deng; ¶23).
Per claim 2, Matsumoto in view of Johnson in further view of Deng teaches a pinpointer detector that can automatically switch to underwater mode according to claim 1, and it is characterized in that; it is comprised of an elastomeric material exerting pressure on the activation button by being pushed with the pressure of the water entering water passage hole (The rubber curtain 35 exerts pressure on the arm portion 33c by being pushed with the pressure of the water entering through the holes 37b (Matsumoto; Figs. 1 and 14; ¶85 and 96)).
Per claim 3, Matsumoto in view of Johnson in further view of Deng teaches a pinpointer detector that can automatically switch to underwater mode according to claim 1, and it is characterized in that; it is comprised of activation button triggering the system by being activated with the pressure exerted by elastomeric material pushed with the pressure of the water entering water passage hole (The spring-loaded arm portion 33c triggers a system that prevents improper button presses when being pushed by the rubber curtain 35 due to water entering through the holes 37b (Matsumoto; Figs. 1 and 14; ¶85 and 96)).
Per claim 4, Matsumoto in view of Johnson in further view of Deng teaches a pinpointer detector that can automatically switch to underwater mode according to claim 1, and it is characterized in that; it is comprised of cover having water passage hole allowing entry of the water, the pressure of which elastomeric material exerting pressure on activation button will be exposed to (The side lid 37 includes holes 37b that allow water to enter which causes the rubber curtain 35 to exert pressure on the arm portion 33c (Matsumoto; Figs. 1 and 14; ¶85 and 96)).
Per claim 5, Matsumoto in view of Johnson in further view of Deng teaches a pinpointer detector that can automatically switch to underwater mode according to claim 1, and it is characterized in that; it is comprised of water passage hole through which water exposing elastomeric material exerting pressure on activation button to pressure can enter (Holes 37b allow water to enter which causes the rubber curtain 35 to exert pressure on the arm portion 33c (Matsumoto; Figs. 1 and 14; ¶85 and 96)).
Per claim 6, Matsumoto in view of Johnson in further view of Deng teaches a pinpointer detector that can automatically switch to underwater mode according to claim 1, and it is characterized in that; it is comprised of function buttons that are used for management of the system and deactivated by the system that is triggered by the activation button (In the pinpointer detector of Matsumoto in view of Johnson in further view of Deng, the function buttons of the pinpointer detector would be deactivated due to the detection of a submerged condition (Matsumoto; ¶85 and 96)).
Per claim 7, Matsumoto in view of Johnson in further view of Deng teaches an elastomeric material according to claim 1, wherein it is comprised of more flexible structure than function buttons in order to start the system by being affected from pressure of water earlier (The rubber curtain 35 is configured to flex before the function buttons flex due to water pressure (Matsumoto; Fig. 14; ¶85)).
Per claim 8, Matsumoto in view of Johnson in further view of Deng teaches an activation button according to claim 7, wherein its pressing force is more flexible than function buttons in order to start the system by being affected from pressure of water earlier (The pressing force applied to the arm portion 33c causes the arm portion 33c to move before the function buttons move due to water pressure (Matsumoto; Fig. 14; ¶85)).
Per claim 9, Matsumoto in view of Johnson in further view of Deng teaches a water passage hole according to claim 8, wherein there are preferably one or more holes (A plurality of holes 37b are provided (Matsumoto; Fig. 14; ¶85)).
Per claim 10, Matsumoto in view of Johnson in further view of Deng teaches an elastomeric material according to claim 2, wherein it is comprised of more flexible structure than function buttons in order to start the system by being affected from pressure of water earlier (The rubber curtain 35 is configured to flex before the function buttons flex due to water pressure (Matsumoto; Fig. 14; ¶85)).
Per claim 11, Matsumoto in view of Johnson in further view of Deng teaches an activation button according to claim 10, wherein its pressing force is more flexible than function buttons in order to start the system by being affected from pressure of water earlier (The pressing force applied to the arm portion 33c causes the arm portion 33c to move before the function buttons move due to water pressure (Matsumoto; Fig. 14; ¶85)).
Per claim 12, Matsumoto in view of Johnson in further view of Deng teaches a water passage hole according to claim 11, wherein there are preferably one or more holes (A plurality of holes 37b are provided (Matsumoto; Fig. 14; ¶85)).
Per claim 13, Matsumoto in view of Johnson in further view of Deng teaches an elastomeric material according to claim 3, wherein it is comprised of more flexible structure than function buttons in order to start the system by being affected from pressure of water earlier (The rubber curtain 35 is configured to flex before the function buttons flex due to water pressure (Matsumoto; Fig. 14; ¶85)).
Per claim 14, Matsumoto in view of Johnson in further view of Deng teaches an activation button according to claim 13, wherein its pressing force is more flexible than function buttons in order to start the system by being affected from pressure of water earlier (The pressing force applied to the arm portion 33c causes the arm portion 33c to move before the function buttons move due to water pressure (Matsumoto; Fig. 14; ¶85)).
Per claim 15, Matsumoto in view of Johnson in further view of Deng teaches a water passage hole according to claim 14, wherein there are preferably one or more holes (A plurality of holes 37b are provided (Matsumoto; Fig. 14; ¶85)).
Per claim 16, Matsumoto in view of Johnson in further view of Deng teaches an elastomeric material according to claim 4, wherein it is comprised of more flexible structure than function buttons in order to start the system by being affected from pressure of water earlier (The rubber curtain 35 is configured to flex before the function buttons flex due to water pressure (Matsumoto; Fig. 14; ¶85)).
Per claim 17, Matsumoto in view of Johnson in further view of Deng teaches an activation button according to claim 16, wherein its pressing force is more flexible than function buttons in order to start the system by being affected from pressure of water earlier (The pressing force applied to the arm portion 33c causes the arm portion 33c to move before the function buttons move due to water pressure (Matsumoto; Fig. 14; ¶85)).
Per claim 18, Matsumoto in view of Johnson in further view of Deng teaches a water passage hole according to claim 17, wherein there are preferably one or more holes (A plurality of holes 37b are provided (Matsumoto; Fig. 14; ¶85)).
Per claim 19, Matsumoto in view of Johnson in further view of Deng teaches an elastomeric material according to claim 5, wherein it is comprised of more flexible structure than function buttons in order to start the system by being affected from pressure of water earlier (The rubber curtain 35 is configured to flex before the function buttons flex due to water pressure (Matsumoto; Fig. 14; ¶85)).
Per claim 20, Matsumoto in view of Johnson in further view of Deng teaches an activation button according to claim 19, wherein its pressing force is more flexible than function buttons in order to start the system by being affected from pressure of water earlier (The pressing force applied to the arm portion 33c causes the arm portion 33c to move before the function buttons move due to water pressure (Matsumoto; Fig. 14; ¶85)).
Claim Objections
12. Claims 10-11 are objected to due to the following informality.
Per claim 10, the phrase “lexible structure” should be revised to “flexible structure.”
Per claim 11, the comma after 11 should be revised to a period.
Conclusion
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAS A. SANGHERA whose telephone number is (571)272-4787. The examiner can normally be reached M-Th, alt. Fri, 8-5 EST.
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, WALTER LINDSAY can be reached at (571) 272-1674. 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.
/JAS A SANGHERA/Primary Examiner, Art Unit 2852