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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 1-4 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.
Regarding claim 1, Applicant recites “a lower surface the is included in peripheral surfaces that define the opening is inclined downwards in a direction towards an outside of the case” (emphasis by Examiner). Applicant fails to clearly or positively recite “peripheral surfaces that define the opening,” making the scope of the claim unclear and indefinite.
As best understood by Examiner, Applicant’s intended “peripheral surfaces” are limited to those surfaces which directly contact an edge of the opening. This, however, is far narrower than what is recited. During examination, claims are "given their broadest reasonable interpretation consistent with the specification." Further, “the meaning given to a claim term must be consistent with the ordinary and customary meaning of the term (unless the term has been given a special definition in the specification), and must be consistent with the use of the claim term in the specification and drawings.” MPEP §2111.
Applicant does not provide any special definition for “peripheral surfaces” and, thus, Examiner must turn to “the ordinary and customary meaning of the term.” Merriam-Webster defines “peripheral” as “of, relating to, involving, or forming a periphery or surface part.” Thus, a “peripheral surface” would be a surface which is part of the opening, relating to the opening, involving the opening, or which forms a periphery of the opening.
As evident from the broadest reasonable interpretation of the limitation above, the claim may be plausibly and reasonably constructed in a variety of different manners, each having a different scope corresponding to the degree of “periphery” contemplated. “[I]f a claim is amenable to two or more plausible claim constructions, the USPTO is justified in requiring the applicant to more precisely define the metes and bounds of the claimed invention by holding the claim unpatentable under 35 U.S.C. §112, second paragraph, as indefinite.” Ex Parte Miyazaki, 89 USPQ2d 1207, 1211 (BPAI 2008).
In view of the above, Examiner finds that claim 1 is indefinite. For purposes of examination, references an opening in compliance with claim 1 will be interpreted as also disclosing “a lower surface” as recited if the reference discloses a surface which is part of the opening, relating to the opening, involving the opening, or which forms a periphery of the opening. Appropriate clarification and/or correction is required. Claims 2-4 depend from claim 1, fail to cure its deficiency, and are therefore rejected for at least the same reason.
Regarding claim 2, Applicant recites the same deficient language (“surface that is included in the peripheral surfaces that define the opening”) discussed in claim 1, above. As such, the rejection of claim 1 applies, mutatis mutandis, to the subject matter recited in claim 2. Claim 3 depends from claim 2, fails to cure its deficiencies, and is therefore rejected for at least the same reasons.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2019/0280431 (“Teramoto”).
Regarding claim 1, Teramoto discloses:
A connector (FIG 2:10) that is attached to a substrate (P) that is housed in a case (C), comprising:
a housing (11) that includes a fitting portion (receptacle 12) for a mating connector (FIG 4:60), the fitting portion being open forward (as may be seen in FIG 4); and
terminal fittings (FIG 2:40) that include substrate connection portions (42) that extend rearward from the housing (as seen in FIG 2),
wherein a wall (25A) of the housing (11) on an inner side of the case (as seen in FIG 2) is provided with an opening (26) that passes through the wall in a thickness direction thereof (as seen in FIG 2), and
a lower surface (25B) that is included in peripheral surfaces that define the opening (broadly interpreted, surface 25B may be reasonably interpreted as extending rearward to wall 25A and further extending upward along wall 25A to opening 26; as such, surface 25B may be reasonably interpreted as “forming a periphery” of opening 26) is inclined downwards in a direction towards an outside of the case (as seen in FIG 2, surface 25A has a downward decline toward an opening in the case at in a forward direction).
Regarding claim 2, Teramoto discloses the limitations as set forth in claim 1 and further discloses an upper surface (28) that is included in the peripheral surfaces that define the opening (as seen in FIG 3, surface 28 may be reasonably interpreted as extending around eave 27 to an edge of opening 26; as such, surface 28 may be reasonably interpreted as “forming a periphery” of opening 26) is inclined downwards in the direction toward the outside of the case (as seen in FIG 3, surface 28 is inclined downwardly in a forward direction).
Regarding claim 3, Teramoto discloses the limitations as set forth in claim 2 and further discloses the housing includes a cam pin (FIG 2:15) configured to engage with a lever (lever 63 includes cam plate 64) that is provided in the mating connector (lever 63 and cam plate 64 are both elements of connector 60, as seen in FIG 4), the opening (FIG 2:26) is formed in a rear wall (25A) of the housing (11) and is positioned rearwards of the cam pin (as seen in FIG 2), a lower end of the upper surface of the opening is positioned higher than an upper end of the cam pin (FIG 3, where surface 28 is fully above cam pin 15, even if surface 28 is interpreted to fully wrap around eave 27 and be made integral with surface 26C), and an upper end of the lower surface of the opening is positioned lower than a lower end of the cam pin (FIG 3, where surface 25B is fully below cam pin 15, even if surface 25B is interpreted to extend up to opening 26 and be made integral with surface indicated by 27B).
Regarding claim 4, Teramoto discloses the limitations as set forth in claim 1 and further discloses a lower surface that is included in an inner surface of the fitting portion includes an inclined portion that is inclined downwards in a forward direction, and the inclined portion increases a gap between the lower surface of the fitting portion and the mating connector in a state of being fitted to the fitting portion, in the forward direction.
As may be seen from annotated FIG 4, below, a lower inner surface of housing 11 is provided with an unlabeled protruding portion that extends upward into the receptacle 12. It may be reasonably inferred from FIG 4 that the unlabeled protrusion is rounded or slanted at a forward end. As the unlabeled protrusion must inherently have “a surface,” the portion of such surface which is located on the forward, sloped end of the unlabeled protrusion may be reasonably interpreted as “a lower surface that is included in an inner surface of the fitting portion” and as including “an inclined portion that is inclined downwards in a forward direction” as presently recited.
As may be further inferred from FIG 4, the unlabeled protrusion would inherently result in the increase of “a gap” between the lower surface of the fitting portion and the mating connector in a state of being fitted to the fitting portion, the gap increasing along the forward direction. FIG 6 depicts the mating of the two connectors; as two physical objects cannot occupy the same physical space, there must inherently be a “cut-out” in the housing of mating connector 60 that accommodates the unlabeled protrusion highlighted in annotated FIG 4. As the forward surface of the unlabeled protrusion is slanted, sloped, or curved, it logically follows that the incline results in an increasing gap between the lower surface and the mating connector along the forward direction.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS K QUIGLEY whose telephone number is (571)272-4050. The examiner can normally be reached Monday - Friday, 8:30 AM - 4:30 PM 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, TULSIDAS PATEL can be reached at 571-272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS K QUIGLEY/Examiner, Art Unit 2834
/TULSIDAS C PATEL/Supervisory Patent Examiner, Art Unit 2834
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