Prosecution Insights
Last updated: April 19, 2026
Application No. 18/659,214

ELECTRONIC CARD RETAINING DEVICE

Non-Final OA §102§112
Filed
May 09, 2024
Examiner
WU, JAMES
Art Unit
2841
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Fositek Corporation
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
501 granted / 713 resolved
+2.3% vs TC avg
Strong +35% interview lift
Without
With
+34.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
20 currently pending
Career history
733
Total Applications
across all art units

Statute-Specific Performance

§103
49.8%
+9.8% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
23.4%
-16.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 713 resolved cases

Office Action

§102 §112
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Objections Claims 1-20 are objected to because of the following informalities: Claim 1 do not have any line indentation. Note that each element or step should be separated by a line indentation. See MPEP 608.01(i). Claims 1-20 contain reference numbers that should be deleted. Claim 1 recites “… at least one elastic arm… the elastic arm..” Claim 2 recites “the two parallel elastic arms”. Terms should be consistent. Examiner recommends to just introduce “two parallel elastic arms” in the beginning. Claims 8-12 also recite “the elastic arm”, which should have been either “the at least one elastic arm” or the “two parallel elastic arms”. Terms should be consistent. Appropriate correction is required. 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. Claims 1-20 are 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 1 recites “… to retain the latter in place…”. It’s unclear what “latter” means. In order to examine this application, examiner will assume the limitation is “…to retain the electronic card in place…”. Claims 2-20 depends on claim 1. Claim 2 recites “… an extended elastic arms…”. It’s unclear whether this is the same or different than the at least one elastic arm. Based on the drawing and specification, both extended elastic arms and the at least one elastic arm is referring to 222. In order to examine this application, examiner will assume the limitation can be the same as the at least one elastic arm. Claim Rejections - 35 USC § 102 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 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 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pickles et al. (US 6,319,027; hereinafter “Pickles”). Regarding claim 1 as best understood, Pickles discloses an electronic card retaining device (Figs. 1-5), comprising: a seat (same as 24, Fig. 1) having stopper sections (same as 251, Figs. 1, 3-5) provided thereon; and a movable retaining member (4, Fig. 1) being pivotally connected at a middle portion to the seat (as shown in Figs. 3-5) and having axially spaced front and rear ends (as shown in Figs. 1-5), which are a retaining end (48, Fig. 2) and an operating end (45, 46, Fig. 2), respectively; the retaining end being extended toward a position to where an electronic card (5, Fig. 3) is to be fixed, and the operating end having at least one elastic arm (same as 45, Fig. 2), on which a guide section (46, Fig. 4) is provided; the guide section (46) being so configured that it is able to contact with the stopper sections (see Fig. 4) and cause the elastic arm to deform when the movable retaining member is turned pivotally on and relative to the seat (as shown in Fig. 5), such that the guide section is allowed to pass through the stopper sections and switch between a releasing position (not explicitly shown, but after a user press 46 as shown in Fig. 5 and rotate at pivot; also see col. 2, ln. 54 – col. 3, ln. 6: “…released position…”) and a retaining position (position shown in Figs. 3, 4); and the retaining end being engaged with the electronic card to retain the electronic card in place when the guide section (46) is located at the retaining position (as shown in Figs. 3 and 4), and the retaining end (48) being disengaged from the electronic card when the guiding section is located at the releasing position (not explicitly shown, but after 46 is pressed and 4 is rotated outward from position of Fig. 3; also see claim 12: “…depressing the elastic portion to release the retention protrusion from the guide wall, and secondly along a second direction rotatably moving the ejector to remove engagement between the daughter board…”). Regarding claim 2 as best understood, Pickles disclose the electronic card retaining device as claimed in claim 1, and Pickles further discloses wherein the operating end has a rear end surface formed into a recess portion (between two 45, where 43 is pointing to in Fig. 2), and at least one of two lateral sides of the recess portion being formed into an extended elastic arms (same as the two 45, Fig. 2); and the guiding section (46) being separately provided on two side surfaces of the two parallel elastic arms facing away from the recess portion (as shown in Fig. 2). Allowable Subject Matter Claims 3-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Re claims 3, 5, 7, 10, 12, 15, 17 and 20, prior arts do not teach or suggest the combination of the electronic card retaining device as claimed in claim 3, in particular, wherein the seat internally defines a recessed receiving space; the receiving space being provided on at least one of two sidewalls with a curved limiting guide slot corresponding to a moving path of the guiding section; and the stopper portions being located to one end of the limiting guide slot closer to an open top of the seat. Re claims 4, 6, 11, and 16, prior arts do not teach or suggest the combination of the electronic card retaining device as claimed in claim 4, in particular, wherein the seat internally defines a recessed receiving space; the receiving space being provided on at least one of two sidewalls with a curved limiting guide slot corresponding to a moving path of the guiding section; and the stopper portions being located to one end of the limiting guide slot closer to an open top of the seat. Re claims 8 and 18, prior arts do not teach or suggest the combination of the electronic card retaining device as claimed in claim 8, in particular, wherein each guide section is provided at two opposite sides, which are located sequentially in a moving direction thereof, with a beveled surface and a curved surface; the beveled surface being pressed against the stopper sections when the guide section is moved from the releasing position to the retaining position, such that the elastic arm is pushed by the guide section to deform and bend gradually, allowing the guide section to pass the stopper sections to the retaining position; and wherein each guide section is movable from the retaining position to pass the stopper sections and return to the releasing position when an external force is applied sidewardly to deform and bend the elastic arm and allow the curved surface of each guide section to slide through the stopper sections with the aid of a tip-up elastic force of the electronic card. Re claims 9 and 19, prior arts do not teach or suggest the combination of the electronic card retaining device as claimed in claim 9, in particular, wherein each guide section is provided at two opposite sides, which are located sequentially in a moving direction thereof, with a beveled surface and a curved surface; the beveled surface being pressed against the stopper sections when the guide section is moved from the releasing position to the retaining position, such that the elastic arm is pushed by the guide section to deform and bend gradually, allowing the guide section to pass the stopper sections to the retaining position; and wherein each guide section is movable from the retaining position to pass the stopper sections and return to the releasing position when an external force is applied sidewardly to deform and bend the elastic arm and allow the curved surface of each guide section to slide through the stopper sections with the aid of a tip-up elastic force of the electronic card. Re claim 13, prior arts do not teach or suggest the combination of the electronic card retaining device as claimed in claim 13, in particular, wherein the seat is mounted on a motherboard; the electronic card having an engaging end provided on an edge thereof with a locating notch, and an opposite electrical connecting end electrically connected to a terminal block provided on the motherboard; and the retaining end of the movable retaining member including a locating protrusion for engaging with the locating notch on the electronic card, and a pressing section located above the locating protrusion for abutting on areas surrounding the locating notch. Re claim 14, prior arts do not teach or suggest the combination of the electronic card retaining device as claimed in claim 14, in particular, wherein the seat is mounted on a motherboard; the electronic card having an engaging end provided on an edge thereof with a locating notch, and an opposite electrical connecting end electrically connected to a terminal block provided on the motherboard; and the retaining end of the movable retaining member including a locating protrusion for engaging with the locating notch on the electronic card, and a pressing section located above the locating protrusion for abutting on areas surrounding the locating notch. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES WU whose telephone number is (571)270-7974. The examiner can normally be reached Monday - Friday, 9:00AM - 5:00PM. 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, Allen Parker can be reached at (303)297-4722. 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. /JAMES WU/Primary Examiner, Art Unit 2841
Read full office action

Prosecution Timeline

May 09, 2024
Application Filed
Dec 05, 2025
Non-Final Rejection — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+34.6%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 713 resolved cases by this examiner. Grant probability derived from career allow rate.

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