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 .
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 28 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.
Claim 28 recites the limitation "the straight line" in line 4; however, there is insufficient antecedent basis for this limitation in the claim or from which the claim depends.
Appropriate correction is required.
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.
Claim(s) 10-12, 14-16, and 28-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Strahle (US 2018/0250587).
Claims 10 and 29: Strahle discloses a method of manufacturing an input device, the input device comprising: a trigger button (110, 200) including a stopper target portion (111, 211) and configured to move in a first rotational range about an axis (defined by pin 116) along a first direction; a stopper member (combination (120, 121) or (220, 221)) movable between a first position for allowing movement of the trigger button in the first range and a second position abutting against the stopper target portion and for limiting a movable range of the trigger button to a second range smaller than the first range; and an operation member (122, 222) engaging with the stopper member and configured to move in a second direction different from the first direction to move the stopper member between the first position and the second position (Figs. 1-4c and 6-8c, ¶ 41-58, 78-90).
Claim 11: Strahle discloses wherein the input device further comprises an exterior member (game controller housing 150), wherein the stopper member is housed inside the exterior member, and at least a part of the operation member is exposed to an outside of the exterior member (see above, Figs. 1-4c and 6-8c).
Claim 12: Strahle discloses the input device further comprising: an exterior member having a curved external surface (housing (150) as seen in Figs. 1-2, 6-7), wherein the stopper member is housed inside the exterior member and is able to move along the curved external surface (see above, emphasis on Figs. 6-7 and descriptions thereof which illustrate the movement along the curved external surface).
Claim 14: Strahle discloses wherein the operation member is configured to move along a straight line (see above, Figs. 1b, 6-7).
Claim 15: Strahle discloses wherein the second direction is orthogonal to the first direction (see above, Figs. 1-4c and 6-8c illustrate that the operation member moves perpendicular or orthogonal to the direction of movement of the trigger button).
Claim 16: Strahle discloses wherein the stopper member is configured to be disposed at the first position, the second position, and a third position for regulating the movable range of the trigger button to a third range between the first range and the second range, the third position being a position between the first position and the second position (see above, ¶ 89).
Claim 28: Strahle discloses the input device comprising a guide frame attached to a core unit, the guide frame including a guide hole opening in an upward-downward direction through which a portion of the operation member is passed to guide the operation member along the straight line (see above, Figs. 1-4c and 6-8c, ¶ 43, 44-45, 80-81, 87).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Strahle (US 2018/0250587).
Claim 13: Strahle teaches the above, but lacks explicitly suggesting the stopper member configured to move along a curved external surface of the trigger button. However, applicant fails to disclose that having the stopper member move along a curved external surface of the trigger button solve any stated problem, provides an advantage, or is for any particular purpose. Moreover, it appears that the stopper member movement of Strahle, or applicant’s invention, would perform the same function of limiting a movable range of the trigger button, regardless of the direction of movement of the stopper member. Therefore, it would have been prima facie obvious to modify Strahle to obtain the invention as specified in claim 13 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Strahle.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Strahle (US 2018/0250587) in view of Ironmonger (US 2024/0075382).
Claim 17: Strahle teaches the above, in addition to the input device further comprising: a first sensor configured to detect a position of the operation member or the stopper member (¶ 89); and a second sensor (¶ 58-59), but lacks explicitly suggesting a circuit board mounted with the first sensor and the second sensor. Strahle at least teaches various circuitry within the input device (¶ 59-60, Fig. 2) and that various modifications can be applied without departing from the overall scope of the invention (¶ 38, 88). Furthermore, an analogous art of Ironmonger teaches a similarly structured input devices having circuitry including sensors (130, 132), etc that are mounted on a circuit board (150) within the input device (Abstract, Figs. 3-6, ¶ 67, 112, 115-116, 123-120, 133). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the input device, particularly, the first and second sensors, of Strahle such that the sensors are mounted on a circuit board as taught by Ironmonger because such a modification would have yielded predictable results, namely, a means of providing circuitry within an input device in which at least Strahle is intended (see above). Such a modification would have been considered to mere routine to one of ordinary skill in the art and provide increase control of the gaming controller or input device (Ironmonger - ¶ 8).
Allowable Subject Matter
Claims 18-27 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Please see attached PTO-892.
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/TRAMAR HARPER/ Primary Examiner, Art Unit 3715