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 because Fig. 1A should not be in a frame. Further, Fig. 5 is actually multiple figures which should be identified separately and should not be linked. 37 CFR 1.84(h).
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.
Election/Restrictions
Applicant's election with traverse of species 1 in the reply filed on 5/14/2026 is acknowledged. The traversal is on the ground(s) that the alleged species differ only in the number and orientation of the flexible or springing members and represent obvious variations of the same core structure and mode of operation. This is not found persuasive because the claimed species are structurally mutually exclusive. A key stem can’t simultaneously have “a sole flexible member” (claims 3/11), and “two flexible members” (claim 4/12); and the design of the flexible member, it can’t exert force “in the same direction” (claim 6/14) and “in opposite direction) claim 5/13) at the same time. Searching for a single or dual flexible members and their orientations would require separate search strategies and different prior arts. For that reasons, claims 3, 5, 11 and 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species.
The requirement is still deemed proper and is therefore made FINAL.
Claim objections
Claims 14-16, line 1, “the two flexible or springing members” lack antecedent basis.
Claim Rejections - 35 USC § 102
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 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shih (US20130062177).
Regarding claim 1, Shih teaches a keyboard comprising:a plurality of keys 100, each supported with a keyboard switch plate 20 or a PCB 40 and having a keycap 100; each of the keys are in communication with a keyboard switch 140 configured and disposed to bias the keycaps from the keyboard switch plate or PCB; at least one of the keys has a key stem 60 configured and disposed to interface with, and removably hold, one of the keycaps; the key stem extends upwardly from the keyboard switch or a keycap stabilizer and has two or more extensions 64 extending outwardly from a common center; at least one flexible member 64 forms at least one of the extensions; the at least one flexible or springing member is configured and disposed to apply retentive forces on interior surfaces 124 of a keycap stem 120 extending downwardly from the keycap's interior ceiling and to removably hold the keycap with the key stem (Figs. 5-8 and paragraphs 31-33).
Regarding claim 9, Shih teaches a key stem 60 configured and disposed to interface with, and removably hold, a keycap 100; the key stem extends upwardly from a keyboard switch 140 or a keycap stabilizer and has two or more extensions 64 extending outwardly from a common center (the extension flexes outward when it is being attached to the keycap); at least one flexible 64 forms at least one of the extensions; the at least one flexible or springing member is configured and disposed to apply retentive forces on interior surfaces 124 of a keycap stem 120 extending downwardly from the keycap's interior ceiling and to removably hold the keycap with the key stem (Figs. 5-8 and paragraphs 31-33).
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 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Shih
Regarding claims 2 and 10, Shih teaches the keyboard wherein the key stem 60 has two extensions disposed about the common center. Shih does not teach the key stem having four extensions. It would have been obvious to one having ordinary skill in the art to duplicate the flexible members and make them fours that are disposed about the common center in a cruciform configuration, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Allowable Subject Matter
Claims 4, 6-8, 12, and 14-16 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.
Regarding claims 4 and 12, the prior art fails to teach or show, alone or in combination, the claimed keyboard wherein the at least one flexible or springing member comprises two flexible or springing members extending from oppositely disposed extensions.
Regarding claim 14, the prior art fails to teach or show, alone or in combination, the claimed keyboard wherein the two flexible or springing members extending from oppositely disposed extensions are disposed to exert forces in the same direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED M SAEED whose telephone number is (571)270-7976. The examiner can normally be reached 10-8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Luebke can be reached at 571-272-2009. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AHMED M SAEED/Primary Examiner, Art Unit 2831
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