DETAILED CORRESPONDENCE
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 .
Status of Claims
This Office Action is in response to the application filed on 11/12/2024. Claims 1-10 are presently pending and are presented for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The Information Disclosure Statement (IDS) submitted on 02/12/2025 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statement is being considered by the Examiner.
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.
Claims 1-10 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 pre-AIA the applicant regards as the invention.
Claim 1 lines 12-13 recite the limitation “the attachment-side switching point”. However, the claim previously recites the limitation “a plurality of attachment-side switching points”. It is unclear which attachment-side switching point is being referred to.
Claim 1 line 13 recites the limitation “at least one operating position with no alignment”. First, it is unclear what elements have no alignment. Second, in a case where the alignment is between a switching position and an attachment-side switching position, it is unclear if this limitation only requires only two switching positions to not be in alignment, or if none of the switching positions are aligned.
Claim 3 lines 12-13 recite the limitation “with the first edge and the first attachment-side edge in-between”. It is unclear what elements the first edge and the first attachment-side edge are in-between.
Claim 4 lines 1-2 recite the limitation “the main body comprises a third switching point and a fourth switching point as the plurality of switching points”. However, claim 2 recites the limitation “the main body comprises a first switching point and a second switching point as the plurality of switching points”. It is unclear how both the first and second and the third as fourth switching points can be considered the plurality of switching points.
Claim 4 lines 3-4 recite the limitation “the rotating operation unit comprises a third attachment-side switching point and a fourth attachment-side switching point as the plurality of attachment-side switching points”. However, claim 2 recites the limitation “the rotating operation unit comprises a first attachment-side switching point and a second attachment-side switching point as the plurality of attachment-side switching points”. It is unclear how both the first and second and the third as fourth attachment-side switching points can be considered the plurality of attachment-side switching points.
Claim 4 lines 6-8 recite the limitations “the second switching point with the second attachment-side switching point, the third switching point with the third attachment-side switching point, and the fourth switching point with the fourth attachment-side switching point”. It is unclear what is required by these limitations. More specifically, what is required by a switching point with an attachment point.
Claim 6 lines 3-4 recite the limitation “the second surface and the first attachment-side surface constitute one surface with the fourth edge and the first attachment-side edge in-between. It is unclear what the fourth edge and the first attachment-side edge are in-between.
Claim 9 line 2 recites the limitation “the rotating operation unit comprises an operating position”. However, claim 1 recites the limitation “a plurality of operating positions”. It is unclear if the operating position recited in claim 9 is part of the plurality of operating positions, or if it requires an additional operating position.
Accordingly, from the above, the claims and disclosure are generally narrative and indefinite, appearing to be a literal translation into English from a foreign document. A great deal of confusion and uncertainty exists as to the proper interpretation of the claim limitations. In accordance with MPEP § 2173 the examiner has applied the prior art elsewhere below under 35 U.S.C. 102 and/or 103 in as best as the claims can be understood in the interest of compact prosecution. See In re Wilson, 424 F.2d 1382, 1385 (CCPA 1970); In re Steele, 305 F.2d 859, 134 USPQ 292 (CCPA 1962).
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) 1-4 and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishio (JP 2004220855 A).
Regarding claim 1, Nishio discloses an operation device (see Fig. 3; 2, 3), comprising: a main body (2) comprising a plurality of shapes formed on a lateral surface (see Fig. 4; lateral surface of 2) and comprising a plurality of switching points (see annotated Fig. 4 below, A1-A4) at which the plurality of shapes are switched on a circumference of an end surface (see Fig. 3 and 4; circumference of the end surface of 2 facing 3) intersecting the lateral surface; and a rotating operation unit (3) that is rotatably attached to the end surface of the main body (see Fig. 3 and 4), comprises a plurality of attachment-side shapes formed on an attachment-side lateral surface (see Fig. 4; lateral surface of 3) along a rotation axis (rotation axis of 3), comprises a plurality of attachment-side switching points (see annotated Fig. 4 below, B1-B4) at which the plurality of attachment-side shapes are switched on a circumference of an attachment-side end surface (see Fig. 3 and 4; circumference of the end surface of 3 facing 2) facing the end surface of the main body, and comprises a plurality of operating positions (see Fig. 4; A-D), including an initial operating position (A), associated with a rotating operation, the plurality of operating positions other than the initial operating position comprising at least one operating position (B) at which at least one of the switching points is aligned with the attachment-side switching point (see annotated Fig. 4 below; a 30 degree rotation of 3 is required to switch between operating positions A and B, and the 30 degree rotation would align B1 with A4), and at least one operating position (D) with no alignment (see annotated Fig. 4 below; a 90 degree rotation is shown between positions A-D, and a 90 degree rotation of 3 relative to 2 would result in no alignment of switching points A1-A4 with attachment-side switching points B1-B4).
Regarding claim 2, Nishio discloses the main body (2) comprises a first switching point (see annotated Fig. 4 below, A2) and a second switching point (A3) as the plurality of switching points, and wherein the rotating operation unit (3) comprises a first attachment-side switching point (B2) and a second attachment-side switching point (B3) as the plurality of attachment-side switching points, and in the initial operating position (A), the first switching point is aligned with the first attachment-side switching point and the second switching point with the second attachment-side switching point (A2 is aligned with B2 and A3 is aligned with B3).
Regarding claim 3, Nishio discloses the main body (2) comprises a first surface (see annotated Fig. 4; surface between A2 and A3) comprising a first edge that is a straight line connecting the first switching point and the second switching point (see annotated Fig. 4; wherein the surface between A2 and A3 is a first edge that is a straight line), a second edge that is originated from the first switching point and extends along the rotation axis (see Fig. 3 and annotated Fig. 4 below; wherein an edge originating at A2 extends along the rotation axis of 3), and a third edge that is originated from the second switching point and extends along the rotation axis (see Fig. 3 and annotated Fig. 4 below; wherein an edge originating at A3 extends along the rotation axis of 3), wherein the rotating operation unit (3) comprises a first attachment-side surface (see annotated Fig. 4; surface between B2 and B3) comprising a first attachment-side edge that is a straight line connecting the first attachment-side switching point and the second attachment-side switching point (see annotated Fig. 4; wherein the surface between B2 and B3 is a first edge that is a straight line), a second attachment-side edge that is originated from the first attachment-side switching point and extends along the rotation axis (see Fig. 3 and annotated Fig. 4 below; wherein an edge originating at B2 extends along the rotation axis of 3), and a third attachment-side edge that is originated from the second attachment-side switching point and extends along the rotation axis (see Fig. 3 and annotated Fig. 4 below; wherein an edge originating at B3 extends along the rotation axis of 3, and wherein when the rotating operation unit is in the initial operating position (A), the first surface and the first attachment- side surface constitute one surface with the first edge and the first attachment-side edge in-between (see Fig. 3).
Regarding claim 4, Nishio discloses the main body (2) comprises a third switching point (A1) and a fourth switching point (A4) as the plurality of switching points, and wherein the rotating operation unit (3) comprises a third attachment-side switching point (B1) and a fourth attachment-side switching point (B4) as the plurality of attachment-side switching points, and in the initial operating position (A), the first switching point (A2) is aligned with the first attachment-side switching point (B2), the second switching point (A3) with the second attachment-side switching point (B3), the third switching point with the third attachment-side switching point, and the fourth switching point with the fourth attachment-side switching point (see annotated Fig. 4 below).
Regarding claim 9, Nishio discloses the rotating operation unit (3) comprises an operating position (B-D) which is an operating position rotated from the initial operating position (A) and at which a straight line extended from the third edge (edge extending from A3 along the rotation axis of 3) coincides with the first attachment-side edge (surface between B2 and B3; note that in operating positions B-D, a straight line can be made from A3 to the surface between B2 and B3).
Regarding claim 10, Nishio discloses the main body (2) has a lever shape (see Fig. 3), and wherein the main body is attached so that tilt operation of tilting the main body can be performed in at least two directions (see Fig. 8, tilt operation a), and the device comprises a detection unit to detect the tilt operation of the main body and the plurality of operating positions of the rotating operation unit (see Fig. 7, electrical contacts).
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Nishio (JP 2004220855 A) Fig. 4 Annotated
Allowable Subject Matter
Claims 5-8 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record, Nishio (JP 2004220855 A), does not anticipate that “the main body comprises a second surface comprising a fourth edge that is a straight line connecting the third switching point and the fourth switching point, a fifth edge that is originated from the third switching point and extends along the rotation axis, and a sixth edge that is originated from the fourth switching point and extends along the rotation axis, wherein the rotating operation unit comprises a second attachment-side surface comprising a fourth attachment-side edge that is a straight line connecting the third attachment-side switching point and the fourth attachment-side switching point, a fifth attachment-side edge that is originated from the third attachment-side switching point and extends along the rotation axis, and a sixth attachment-side edge that is originated from the fourth attachment-side switching point and extends along the rotation axis, and wherein when the rotating operation unit is in the initial operating position, the first surface and the first attachment-side surface constitute one surface with the first edge and the first attachment-side edge in-between, and the second surface and the second attachment-side surface constitute one surface with the fourth edge and the fourth attachment-side edge in- between” as recited in claims 5 and 7. The prior art of record does not provide any teaching, suggestion or motivation to modify toward the entirety of applicant's claimed invention. Further, there was no cogent reasoning elsewhere available to one of ordinary skill that was unequivocally independent of improper hindsight of applicant's invention and that would have led one of ordinary skill in the art as of the effective filing date to modify the prior art to obtain the applicant' s invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
US 20220410707 A1 and US 20040031667 A1 disclose operation devices with a plurality of shapes formed on the circumference.
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/JOSEPH BROWN/Primary Examiner, Art Unit 3618