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 Objections
Claim 2 is objected to because “the switch region” on line 5 should be changed to “the at least one switch region”.
Claims 4 and 5 are objected to because “the respective” on lines 5 and 3, respectively, should be changed to “a respective”.
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 7-9 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. In regard to claim 7, it is unclear if “a switch” on line 2 is the same switch as the switch recited in claim 1, from which claim 7 depends, or a different switch. For the purposes of examination, “a switch” is interpreted as “the switch”.
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.
Claims 1, 2 and 6-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Honmatsu et al. [Honmatsu hereinafter, US 8,013,262].
In regard to claim 1, Honmatsu discloses [in Figs. 6 and 7] a lamination arrangement comprising: at least one first layer having [2] a surface that forms a visible side of the lamination arrangement, and at least one second layer [3] disposed opposite the visible side and at least partially under the at least one first layer [2], the at least one first layer [2] and the at least one second layer [3] are elastically deformable such that an exertion of a force on the visible side of the at least one first layer [2] is configured to actuate the switch [sw].
In regard to claim 2, Honmatsu discloses [in Figs. 6 and 7] the lamination arrangement according to Claim 1, wherein the at least one first layer [2] includes at least one switch region [2c], and wherein a deformability of the at least one first layer [2] within the at least one switch region [2c] is greater than outside the at least one switch region [2c].
In regard to claim 6, Honmatsu discloses [in Figs. 6 and 7] the lamination arrangement according to Claim 1, further comprising a carrier [P] disposed on the at least one second layer [3], and the carrier [P] is configured to receive the switch [sw] such that the switch [sw] is disposed under the at least one second layer [3].
In regard to claim 7, Honmatsu discloses [in Figs. 6 and 7] a switch assembly including the lamination arrangement according to Claim 1, and the switch [sw] disposed relative to the lamination arrangement, the switch [sw] is configured to be actuated by the exertion of the force on the visible side of the at least one first layer [2] of the lamination arrangement. With respect to the limitation that the switch is laminated, the method of forming the device is not germane to the issueof patentability of the device itself. Therefore, this limitation has not been givensignificant patentable weight. 145 USPQ 656 (CCPA 1965).
In regard to claim 8, Honmatsu discloses [in Figs. 6 and 7] the switch assembly according to Claim 7, wherein the switch assembly includes no additional pulse generator or acoustic signal generator.
In regard to claims 9 and 10, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
In regard to claims 11 and 12, Honmatsu discloses [in Figs. 6 and 7] a method for manufacturing a laminating arrangement, the method comprising: providing at least one first layer [2] having a surface that forms a visible layer of the laminating arrangement; and disposing a second layer [3] opposite the visible layer of the at least one first layer [2], the second layer [3] at least partially disposed under the at least one first layer [2], the at least one first layer [2] and the second layer [3] are elastically deformable such that an exertion of a force on the visible layer is configured to actuate the switch [sw], further comprising coupling the switch [sw] at least partially under the second layer [3].
Allowable Subject Matter
Claims 3-5 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.
In regard to claim 3, a layer thickness of at least one of the at least one first layer and the at least one second layer in the at least one switch region being less than outside the at least one switch region is neither disclosed nor suggested by the prior art.
In regard to claim 4, in combination with other limitations, at least one of the at least one first layer and the at least one second layer including at least one opening in the at least one switch region, and at least one of the at least one first layer and the at least one second layer being formed from a material that is different from a second material of a respective one of the at least one first layer and the at least one second layer outside the at least one switch region is neither disclosed nor suggested by the prior art.
In regard to claim 5, in combination with other limitations, at least one of the at least one first layer and the at least one second layer being formed from a material that is different from a second material of a respective one of the at least one first layer and the at least one second layer outside the at least one switch region.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bontrager et al. [US 6,483,048] and Tatehata et al. [US 8,212,787] disclose similar arrangements.
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/LHEIREN MAE A CAROC/ Primary Examiner, Art Unit 2831
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