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 1 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 1 recites the limitation "the outer button and the inner button" in lines 11-12. There is insufficient antecedent basis for this limitation in the claim as they were not previously introduced. This appears to be an error. Note, claims 2-12 depend either indirectly or directly from claim 1 and are therefore rejected for at least the same reason. Appropriate action necessary.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen 2013/0155584.
Regarding claim 1, Chen discloses an electronic device (Title; 100, Fig 1), comprising: a casing (10, Fig 1), having an outer surface (20, Fig 1) and an opening (206, Fig 2) at the outer surface (Fig 2); an exterior button (311, Fig 3), having a first side (bottom of 311, Fig 3) and a second side (top side of 311, Fig 3) opposite to each other (Fig 3), wherein the first side is pivotally connected to the casing (via portion 313, Fig 3) so that the exterior button is rotatably disposed at the casing (indirectly rotatably disposed via portion 332 or 336, Fig 3) a sliding assembly (220, Fig 2), movably disposed on the casing (when pressed, par 0027; par 0016), and includes a sliding body (312, Fig 3), a toggle (110 including 370, Figs 4, 5) and a pusher (350, Fig 3), the sliding body is located in the casing (Figs 1, 2; par 0027), the toggle is fixed to the sliding body (Fig 5) and exposed to the casing (Figs 2-5), and the pusher is linked with the sliding body in a first direction (in length direction, Figs 3-5), and is movably disposed at the sliding body in a second direction (in width direction, Fig 3-5); and an internal button (228, Fig 3), located in the casing (Fig 3), the sliding assembly is located between the outer button and the inner button (once assembled Figs 2, 3), when the sliding assembly is in a closed position relative to the casing (Fig 1), the second side of the exterior button is retracted within the casing (as depicted in Fig 1), when the sliding assembly moves from the closed position to an open position along the first direction relative to the casing (see Abstract), the second side of the exterior button protrudes from the opening and protrudes beyond the outer surface (outer surface is considered the line where top of 311 is disposed, above/below upon being pressed/retracted – not labeled, but see Fig 1, par 0027), the exterior button is adapted to be pressed (par 0028), driving the pusher to move along the second direction to trigger the internal button (along 354, see Fig 2 w/ respect to Fig 5).
Regarding claim 2, Chen discloses the electronic device according to claim 1, further comprises a protective member (229, Fig 3), disposed between the pusher and the internal button (Fig 3), when the sliding assembly moves from the closed position to the open position along the first direction relative to the casing (Abstract), the pusher moves along the protective member (Figs 2, 5).
Regarding claim 3, Chen discloses the electronic device according to claim 1, wherein the exterior button comprises a protruding foot (3124, Fig 4), when the sliding assembly is in the open position relative to the casing (see Abstract), the pusher presses against the protruding foot (via portion 330, Figs 4, 5) so that the exterior button continues to protrude beyond the casing when not pressed (outer surface is considered the line where 311 is disposed above/below upon being pressed – not labeled, but see Fig 1, par 0027).
Regarding claim 6, Chen discloses the electronic device according to claim 1, wherein the sliding body comprises a groove (formed between 225, 226, Fig 3), the exterior button comprises a protruding foot (3124, Fig 4), when the sliding assembly is in the closed position relative to the casing (Abstract), the protruding foot is located in the groove (Fig 2).
Regarding claim 7, Chen discloses the electronic device according to claim 1, wherein one of the casing and the sliding body comprises a first track (between 225, 226, Fig 3) extending along the first direction (from 225 to 223, Fig 3), and the other comprises a first guide pillar (3124, Fig 4) extending into the first track (Fig 4).
Regarding claim 9, Chen discloses the electronic device according to claim 1, wherein when the sliding assembly is in the open position (Abstract), the first side of the exterior button is lower than or flush with the outer surface (Figs 1, 2).
Allowable Subject Matter
Claims 4-5, 8 and 10-12 are objected to as being dependent upon a rejected base claim, but would be allowable if 112 rejections above is overcome and rewritten in independent form including all the limitations of the base claim and any intervening claims.
The dependent claims listed below, in combination with the remaining elements of the independent claim(s) from which they directly/indirectly depend, are not taught, or adequately suggested in the prior art of record.
Claim 4. The electronic device according to claim 1, wherein the casing comprises a stopper protruding from an inner wall surrounding the opening and adjacent to the second side of the exterior button, the exterior button comprises an inner hook near the second side, when the second side of the exterior button is retracted within the casing, the second side rests on the stopper, when the second side of the exterior button protrudes beyond the outer surface, the stopper is located next to the inner hook to limit the exterior button from breaking away from the casing. Claim 5 depends directly from claim 4 and is therefore allowed for at least the same reason.
Claim 8. The electronic device according to claim 7, wherein the casing or the sliding body having the first track further comprises a second guide pillar, and the other comprises a second track along the first direction, the second guide pillar extends into the second track.
Claim 10. The electronic device according to claim 1, wherein the sliding assembly comprises a first magnetic member, the exterior button comprises a second magnetic member, when the sliding assembly is in the closed position relative to the casing, the first magnetic member is magnetically attracted to the second magnetic member so that the second side of the exterior button is retracted within the casing. Claims 11-12 depend either indirectly or directly from claim 10 and are therefore allowable for at least the same reason.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Zheng - TWM643872, Figs 1-5 (closely related application that teaches magnet feature).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RASHEN E MORRISON whose telephone number is (571)272-8852. The examiner can normally be reached 9-5.
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/RASHEN E MORRISON/Examiner, Art Unit 2841
/ANTHONY M HAUGHTON/Primary Examiner, Art Unit 2841