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 Amendment
The amendments to the claims 1 and 3-9 in the submission dated 8/6/2026 in response to the office action mailed 5/7/2026 are acknowledged and accepted. Claims 1-9 are pending. Claims 6-9 were previously objected to.
Response to Arguments
Applicant’s arguments, see paragraph 3 on page 7 of 12 through paragraph 6 on page 8 of 12 of Applicant’s Remarks, filed 8/6/2026, with respect to 35 U.S.C. 112 rejections have been fully considered and are persuasive. The 35 U.S.C. 112 rejection of claims 1 and 3-9 has been withdrawn.
Applicant’s arguments, see paragraph 1 on page 9 of 12 through paragraph 2 on page 11 of 12 of Applicant’s Remarks, filed 8/6/2026, with respect to the rejections of claims 1-5 under 35 U.S.C. 103 have been fully considered and are persuasive in view of the amended claims. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Inoue, US 2012/0218520 A1 and Stucki et al., US 2022/0236760 A1.
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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Inoue, US 2012/0218520 A1 (of record, hereinafter referred to as Inoue), in view of Stucki et al., US 2022/0236760 A1 (hereinafter referred to as Stucki).
As to claim 1, Inoue teaches (Figs. 1-5) an operating unit for use with ophthalmological devices (101, para [0038], the ophthalmologic apparatus includes an operation unit 101, Fig. 1), comprising
structures configured to enable targeted blocking of individual functions, targeted enabling of individual functions or both (8b, paras [0056]-[0059], the projection portion 8b blocks the tilt of the joystick 1 when the moving portion 14 comes into contact with the projection portion 8b, Figs. 3 and 5); and
at least one element configured to block a designated function (8b, paras [0056]-[0059], the projection portion 8b blocks the tilt of the joystick 1 when the moving portion 14 comes into contact with the projection portion 8b, Figs. 3 and 5).
Inoue does not teach the at least one element further configured such that the designated blocked function is enabled by removal of the at least one element.
Inoue and Stucki are related as operating units.
However Stucki teaches (Figs. 1A-3) an operating unit (110, para [0023], joystick 110, Figs. 2A-2D), comprising at least one element configured to block a designated function (130, para [0024], clip 130 is positioned over the shaft 120 and between the free-moving end of the spring 128 and the reset sleeve 16 causing the spring 128 to be compressed more than if the clip was not in place, Figs. 2B-3) and further configured such that the designated blocked function is enabled by removal of the element (130, para [0025], removal of the clip 130 from the shaft 120 causes the spring 128 to relax and expand and be less compressed, Figs. 2B-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the operating unit of Inoue with the at least one blocking element of Stucki, because doing so causes the joystick to be movable with a decreased amount of operational force (para [0025]).
As to claim 2, Inoue in view of Stucki teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Inoue further teaches the operating unit, wherein the operating unit is configured as a joystick (1, para [0046], “the operation unit 101 includes a joystick 1,” Fig. 2); and
the joystick comprises at an upper end thereof an actuator with a press function (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2), a rotate function (4, para [0046], the joystick 1 includes a rotating dial 4, Fig. 2) or both (2, 4, para [0046], the joystick 1 includes a measurement button 2 and a rotation dial 4, Fig. 2).
As to claim 3, Inoue in view of Stucki teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Inoue further teaches the operating unit, wherein the actuator comprises an actuation element and a holding element (2, paras [0047]-[0049], the measurement button 2 is held within the operation member 1, Fig. 3), which are both connected to the joystick via a connecting element (1, paras [0047]-[0049], the joystick shaft 11 is jointed inside the joystick 1, thus the actuation element 2 and holding element 1 are connected to the joystick via a joint, Fig. 3).
Inoue does not teach the operating unit wherein a first connection of the actuation element is movable and a second connection of the holding element is rigid.
Inoue and Stucki are related as operating units.
However Stucki teaches the operating unit wherein a first connection of the actuation element is movable (128, 116, para [0023], the spring 128 is positioned over a lower end of the shaft 120 to urge the reset sleeve 116 into the base 114, Fig. 2A-2D) and a second connection of the holding element is rigid (128, 124, para [0023], the compression spring 128 is coupled to the collar 124, Figs. 2A-2D).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the operating unit of Inoue wherein a first connection of the actuation element is movable and a second connection of the holding element is rigid of Stucki, because doing so causes the joystick to be movable with a decreased amount of operational force (para [0025]).
As to claim 4, Inoue in view of Stucki teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Inoue further teaches the operating unit, further comprising a joystick including an actuator with a press function (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2), a rotate function (4, para [0046], the joystick 1 includes a rotating dial 4, Fig. 2) or both (2, 4, para [0046], the joystick 1 includes a measurement button 2 and a rotation dial 4, Fig. 2) wherein the actuator comprises an actuation element (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2), wherein the actuation element has a press function (2, para [0047], the measurement button 2 is used as a start button, thus has a press function, Fig. 2) and is configured such that a surface of the actuation element is smooth or presents a rotationally symmetrical structure or depression (2, para [0046], as shown in figure 2 the measurement button 2 has a smooth structure, Fig. 2).
As to claim 5, Inoue in view of Stucki teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Inoue further teaches the operating unit, further comprising a joystick including an actuator with a press function (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2), a rotate function (4, para [0046], the joystick 1 includes a rotating dial 4, Fig. 2) or both (2, 4, para [0046], the joystick 1 includes a measurement button 2 and a rotation dial 4, Fig. 2) wherein the actuator comprises an actuation element (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2), wherein the actuation element has a rotate function (4, para [0047], “the rotating dial 4,” Fig. 2) and is configured such that a surface of the actuation element has a radially extending structure (4, as seen in figure 2 the dial 4 is a radially extending structure, Fig. 2), an edge of the actuation element is fluted or both (4, as seen in figure 2 the dial 4 has a fluted surface, Fig. 2).
Allowable Subject Matter
Claims 6-9 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.
As to claim 6, Inoue teaches the operating unit according to claim 1, further comprising a joystick including an actuator with a press function (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2), a rotate function (4, para [0046], the joystick 1 includes a rotating dial 4, Fig. 2) or both (2, 4, para [0046], the joystick 1 includes a measurement button 2 and a rotation dial 4, Fig. 2) wherein the actuator comprises an actuation element (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2) and a holding element (1, para [0047], the top of the joystick 1, Figs. 2 and 3) and wherein the actuation element rests lightly on the holding element (2, para [0047], the measurement button 2 is placed on the top of the joystick 1, Fig. 3), wherein an element that blocks a designated function is arranged between the actuation element and a holding element (8b, paras [0056]-[0059], the projection portion 8b blocks the tilt of the joystick 1 when the moving portion 14 comes into contact with the projection portion 8b, 8b is located between the measurement button 2 and the operating force generation unit 8, Figs. 3 and 5), wherein the actuation element has an opening for receiving the element that blocks the rotate function (8b, para [0046], the projection portion 8b is located in an opening below the recess portion 14a, Fig. 3), while a vertical groove is formed in the holding element (15a, para [0052], the groove portion 15a, Figs. 3 and 4).
Stucki teaches an operating unit (110, para [0023], joystick 110, Figs. 2A-2D), wherein the actuation element has an opening for receiving, with a precise fit, the element that blocks the rotate function (130, para [0024], the clip 130 is positioned over the shaft 120 and between the lower end of the spring 128 and the reset sleeve 16, Figs. 2B-3).
However the prior art fails to teach or reasonably suggest the operating unit wherein a rotate function but no press function is available, wherein the element that blocks the rotate function engages into the vertical groove, and wherein removal of the element that blocks the designated function, only the blocked rotate function is enabled in combination with the other limitations of claim 6.
In particular, Inoue teaches a joystick with an actuation element and a holding element wherein a projection portion that is arranged between the actuation element and the holding element blocks the tilt function of the joystick. Although Stucki teaches a joystick where the actuation element has a housing with a precise fit for the blocking element, there is insufficient structural similarities between Inoue and Stucki to motivate an ordinary skilled artisan to modify the operating unit wherein a rotate function but no press function is available, wherein the element that blocks the rotate function engages into the vertical groove, and wherein removal of the element that blocks the designated function, only the blocked rotate function is enabled as claimed.
As to claim 7, Inoue teaches the operating unit according to claim 1, further comprising a joystick including an actuator with a press function (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2), a rotate function (4, para [0046], the joystick 1 includes a rotating dial 4, Fig. 2) or both (2, 4, para [0046], the joystick 1 includes a measurement button 2 and a rotation dial 4, Fig. 2) wherein the actuator comprises an actuation element (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2) and a holding element (1, para [0047], the top of the joystick 1, Figs. 2 and 3) and wherein the actuation element is connected to the holding element with a spacing (2, para [0047], the measurement button 2 is placed on the top of the joystick 1, Fig. 3), such that a press function and a rotate function are available (2, paras [0047]-[0048], the measurement button 2 is used in correspondence with the tilting of the operation member 1, Fig. 3), wherein an element that blocks the designated function is arranged between the actuation element and a holding element (8b, paras [0056]-[0059], the projection portion 8b blocks the tilt of the joystick 1 when the moving portion 14 comes into contact with the projection portion 8b, 8b is located between the measurement button 2 and the operating force generation unit 8, Figs. 3 and 5), in that the actuation element has an opening to receive the element that blocks the rotate function (8b, para [0046], the projection portion 8b is located in an opening below the recess portion 14a, Fig. 3), while a vertical groove is formed in the holding element (15a, para [0052], the groove portion 15a, Figs. 3 and 4), wherein the length of the groove is dimensioned such that a press function remains available (15a, para [0052], the press function of the measurement button 2 is available and the groove portion 15a has a length in the vertical dimension, Figs. 3 and 4).
Stucki teaches an operating unit (110, para [0023], joystick 110, Figs. 2A-2D), wherein the actuation element has an opening for receiving, with a precise fit, the element that blocks the rotate function (130, para [0024], the clip 130 is positioned over the shaft 120 and between the lower end of the spring 128 and the reset sleeve 16, Figs. 2B-3).
However, the prior art fails to teach or reasonably suggest the operating unit wherein the element that blocks the rotate function engages into which vertical groove, and wherein removal of the element that blocks a designated function enables the blocked rotate function in combination with the other limitations of claim 7.
In particular, Inoue teaches a joystick with an actuation element and a holding element wherein a projection portion that is arranged between the actuation element and the holding element blocks the tilt function of the joystick. Although Stucki teaches a joystick where the actuation element has a housing with a precise fit for the blocking element, there is insufficient structural similarities between Inoue and Stucki to motivate an ordinary skilled artisan to modify the operating unit wherein the element that blocks the rotate function engages into which vertical groove, and wherein removal of the element that blocks a designated function enables the blocked rotate function as claimed.
As to claim 8, Inoue teaches the operating unit according to claim 1, further comprising a joystick including an actuator with a press function (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2), a rotate function (4, para [0046], the joystick 1 includes a rotating dial 4, Fig. 2) or both (2, 4, para [0046], the joystick 1 includes a measurement button 2 and a rotation dial 4, Fig. 2) wherein the actuator comprises an actuation element (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2) and a holding element (1, para [0047], the top of the joystick 1, Figs. 2 and 3) and wherein the actuation element is connected to the holding element with a spacing (2, para [0047], the measurement button 2 is placed on the top of the joystick 1, Fig. 3), such that a press function and a rotate function are available (2, paras [0047]-[0048], the measurement button 2 is used in correspondence with the tilting of the operation member 1, Fig. 3), wherein an element that blocks the designated function is arranged between the actuation element and a holding element (8b, paras [0056]-[0059], the projection portion 8b blocks the tilt of the joystick 1 when the moving portion 14 comes into contact with the projection portion 8b, 8b is located between the measurement button 2 and the operating force generation unit 8, Figs. 3 and 5), wherein the actuation element has an opening for receiving the element that blocks a designated function (8b, para [0046], the projection portion 8b is located in an opening below the recess portion 14a, Fig. 3), while a vertical groove is formed in the holding element (15a, paragraph [0052], the groove portion 15a, Figs. 3 and 4).
Stucki teaches an operating unit (110, para [0023], joystick 110, Figs. 2A-2D), wherein the actuation element has an opening for receiving, with a precise fit, the element that blocks the rotate function (130, para [0024], the clip 130 is positioned over the shaft 120 and between the lower end of the spring 128 and the reset sleeve 16, Figs. 2B-3).
However the prior art fails to teach or reasonably suggest the operating unit wherein the element that blocks the designated function engages in the vertical groove, wherein the length of the groove is dimensioned such that neither a press function nor a rotate function is available and wherein removal of the element that blocks the designated function, enables the blocked press function and the blocked rotate function in combination with the other limitations of claim 8.
In particular, Inoue teaches a joystick with an actuation element and a holding element wherein a projection portion that is arranged between the actuation element and the holding element blocks the tilt function of the joystick. Although Stucki teaches a joystick where the actuation element has a housing with a precise fit for the blocking element, there is insufficient structural similarities between Inoue and Stucki to motivate an ordinary skilled artisan to modify the operating unit wherein the element that blocks the designated function engages in the vertical groove, wherein the length of the groove is dimensioned such that neither a press function nor a rotate function is available and wherein removal of the element that blocks the designated function, enables the blocked press function and the blocked rotate function as claimed.
As to claim 9, Inoue teaches the operating unit according to claim 1, further comprising a joystick including an actuator with a press function (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2), a rotate function (4, para [0046], the joystick 1 includes a rotating dial 4, Fig. 2) or both (2, 4, para [0046], the joystick 1 includes a measurement button 2 and a rotation dial 4, Fig. 2) wherein the actuator comprises an actuation element (2, para [0046], the joystick 1 includes a measurement button 2, Fig. 2) and a holding element (1, para [0047], the top of the joystick 1, Figs. 2 and 3) and wherein the actuation element is connected to the holding element with a spacing (2, para [0047], the measurement button 2 is placed on the top of the joystick 1, Fig. 3), such that a press function and a rotate function are available (2, paras [0047]-[0048], the measurement button 2 is used in correspondence with the tilting of the operation member 1, Fig. 3), wherein an element blocks a respective designated function, is arranged between the actuation element and the holding element (8b, paras [0056]-[0059], the projection portion 8b blocks the tilt of the joystick 1 when the moving portion 14 comes into contact with the projection portion 8b, 8b is located between the measurement button 2 and the operating force generation unit 8, Figs. 3 and 5),
wherein the actuation element has an opening for receiving a first element that blocks the rotate function (8b, para [0046], the projection portion 8b is located in an opening below the recess portion 14a, Fig. 3), while a vertical groove is formed in the holding element (15a, para [0052], the groove portion 15a, Figs. 3 and 4).
Stucki teaches an operating unit (110, para [0023], joystick 110, Figs. 2A-2D), wherein an element blocks a respective designated function, is arranged between the actuation element and the holding element (8b, paras [0056]-[0059], the projection portion 8b blocks the tilt of the joystick 1 when the moving portion 14 comes into contact with the projection portion 8b, 8b is located between the measurement button 2 and the operating force generation unit 8, Figs. 3 and 5), wherein the actuation element has an opening for receiving, with a precise fit, the element that blocks the rotate function (130, para [0024], the clip 130 is positioned over the shaft 120 and between the lower end of the spring 128 and the reset sleeve 16, Figs. 2B-3), and wherein, by removal of one or both of the elements that block the designated function, the blocked press function, the blocked rotate function or both are enabled (130, para [0025], removal of the clip 130 from the shaft 120 causes the spring 128 to relax and expand and be less compressed, Figs. 2B-3).
However the prior art fails to teach or reasonably suggest the operating unit wherein a second element that blocks the press function is configured as a spacer in order to close a distance between the actuation element and the holding element, wherein the first element that blocks the rotate function engages in the vertical groove in combination with the other limitations of claim 9.
In particular, Inoue teaches a joystick with an actuation element and a holding element wherein a projection portion that is arranged between the actuation element and the holding element blocks the tilt function of the joystick. Although Stucki teaches a joystick where the actuation element has a slider that is configured to block a designated function and upon removal unlocks the designated function, there is insufficient structural similarities between Inoue and Stucki to motivate an ordinary skilled artisan to modify the operating unit wherein a second element that blocks the press function is configured as a spacer in order to close a distance between the actuation element and the holding element, wherein the first element that blocks the rotate function engages in the vertical groove as claimed.
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.
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/J.A.J./JENNIFER A JONES
Examiner, Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
10/7/2026
