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 .
Response to Arguments
Applicant’s amendments traverse the previous interpretation of the prior art. However, a new rejection is set forth below.
Accordingly, this action is made Non-Final.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 6-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simpkins, U.S. Patent 3,091,356 in view of Danielson, U.S. Patent 5,950,679.
Regarding Claim 1, Simpkins teaches:
A first assembly (11/15) comprising an engaging structure (15); and
a second assembly (20) detachably connected to the first assembly, wherein the second assembly comprises:
an upper housing (30) having a first side and a second side opposite to the first side;
a lower housing (25) disposed at the second side of the upper housing;
a button (34) disposed at the first side of the upper housing and adapted to move along a first axis;
a fixing set (56, 56) disposed at the second side of the upper housing and comprising a first fixing member (56) and a second fixing member (56), wherein the first fixing member and the second fixing member are relatively movable along a second axis with relative to each other, the first fixing member and the second fixing member are adapted to engage with the engaging structure, and the second axis is perpendicular to the first axis (see Figs. 1, 4); and
a stopper (57) disposed at the second side of the upper housing and connected to the button, wherein the stopper is located between the first fixing member and the second fixing member (see Fig. 1) and is adapted to limit or release an engagement of the first fixing member and the second fixing member with the engaging structure (see Figs. 1, 4); and the stopper comprises a stopping surface (58, 59);
wherein, when the button moves relative to the upper housing along the first axis, the button drives the stopper to move…to release the engagement of the first fixing member and the second fixing member with the engaging structure, and then, when the first assembly moves away from the second assembly along the first axis, the engaging structure pushes the fixing set to cause the first fixing member and the second fixing member approaching each other along the second axis, until the fixing set is separated from the engaging structure (see Figs. 1, 4).
Simpkins does not teach:
The button drives the stopper to move away from the upper housing, so that a gap is formed between the stopping surface and the first fixing member and between the stopping surface and the second fixing member.
Danielson teaches:
A button (74) that drives a stopper (62) away from an upper housing (see below), so that a gap (see below) is formed between a stopping surface of a first fixing member (see 56, see below) and between a stopping surface of a second fixing member (see 34, 58) and the gap is adapted to release engagement of the first fixing member and the second fixing member (Fig. 3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Simpkins with a button-stopper-stopping surface as taught by Danielson because that would accomplish the required engagement/disengagement of the stopping surfaces with less axial movement of the button and this make the device easier to assemble in applications with limited clearance.
**Examiner’s Note: Examiner notes that the above claim contains the claim language “adapted to release…the engaging structure“, and a claim containing 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” if the prior art apparatus teaches all the structural limitations of the claim because the prior art need only be capable of meeting the claimed limitations. See MPEP 2114 [R-1].
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Regarding Claim 6, Simpkins, in the instant combination, teaches:
Wherein the first fixing member (56) and the second fixing member (56) are disposed between the stopper and the lower housing (see Figs. 1, 4).
Regarding Claim 7, Simpkins, in the instant combination, teaches:
The first fixing member has a first hooking surface (64), the second fixing member has a second hooking surface (64).
**Examiner's Note: Examiner notes that the above claim contains the claim language “adapted to contact…second fixing member”, which does not constitute a recitation of positively claimed structural elements, but a recitation of function which the claimed device must be capable. The prior art of Simpkin is interpreted as capable of these functions. See MPEP 2111.04 [R-3], see Ex Parte Marsham, 2 USPQ2d 1647 (1987). Examiner notes that Simpkins meets these limitations because it “contacts against” the hooking surface indirectly just as Applicant’s device.
Regarding Claim 8, Simpkins, in the instant combination, teaches:
The lower housing comprises a contact portion (65), the first fixing member and the second fixing member contact against the contact portion.
Regarding Claim 10, Simpkins, in the instant combination, teaches:
Wherein when the second assembly is connected to the first assembly, the first assembly and the second assembly are relatively rotatable with each other (see Col 2, Lines 37-54, the second assembly is simply clamped within the first assembly and can therefore be rotated).
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Simpkins, U.S. Patent 3,091,356 in view of Danielson, U.S. Patent 5,950,679.
Regarding Claim 1, under an alternative interpretation, Simpkins teaches:
A first assembly (11/15) comprising an engaging structure (15); and
a second assembly (20) detachably connected to the first assembly, wherein the second assembly comprises:
an upper housing (30) having a first side and a second side opposite to the first side;
a lower housing (25) disposed at the second side of the upper housing;
a button (34) disposed at the first side of the upper housing and adapted to move along a first axis;
a fixing set (56, 56) disposed at the second side of the upper housing and comprising a first fixing member (56) and a second fixing member (56), wherein the first fixing member and the second fixing member are relatively movable along a second axis with relative to each other, the first fixing member and the second fixing member are adapted to engage with the engaging structure, and the second axis is perpendicular to the first axis (see Figs. 1, 4); and
a stopper (57) disposed at the second side of the upper housing and connected to the button, wherein the stopper is located between the first fixing member and the second fixing member (see Fig. 1) and is adapted to limit or release an engagement of the first fixing member and the second fixing member with the engaging structure (see Figs. 1, 4); and the stopper comprises a stopping surface (58, 59);
wherein, when the button moves relative to the upper housing along the first axis, the button drives the stopper to move…to release the engagement of the first fixing member and the second fixing member with the engaging structure, and then, when the first assembly moves away from the second assembly along the first axis, the engaging structure pushes the fixing set to cause the first fixing member and the second fixing member approaching each other along the second axis, until the fixing set is separated from the engaging structure (see Figs. 1, 4).
Simpkins does not teach:
The button drives the stopper to move away from the upper housing, so that a gap is formed between the stopping surface and the first fixing member and between the stopping surface and the second fixing member.
Danielson teaches:
A button (74) that drives a stopper (62) away from an upper housing (see below), so that a gap (see below) is formed between a stopping surface of a first fixing member (see 56, see below) and between a stopping surface of a second fixing member (see 34, 58) and the gap is adapted to release engagement of the first fixing member and the second fixing member (Fig. 3).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Simpkins with a button-stopper-stopping surface as taught by Danielson because that would accomplish the required engagement/disengagement of the stopping surfaces with less axial movement of the button and this make the device easier to assemble in applications with limited clearance.
**Examiner’s Note: Examiner notes that the above claim contains the claim language “adapted to release…the engaging structure“, and a claim containing 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” if the prior art apparatus teaches all the structural limitations of the claim because the prior art need only be capable of meeting the claimed limitations. See MPEP 2114 [R-1].
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Regarding Claim 2, Simpkins teaches:
The upper housing comprises a recess (see above), and the fastener further comprises: an elastic member (66) disposed in the recess.
Regarding Claim 3¸ Simpkins teaches:
The button comprises a pressed portion (see above), and two ends of the elastic member contact against the pressed portion and the upper housing, respectively.
Regarding Claim 4, Simpkins teaches:
The button further comprises a connection portion (41) connected with the pressed portion, and the connection portion penetrates through the upper housing and is connected to the stopper (57).
Regarding Claim 5, Simpkins teaches:
Wherein the first axis is parallel to an extension direction of the connection portion (see above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J SULLIVAN whose telephone number is (571)270-5218. The examiner can normally be reached IFP, Typically M-Th, 8:00-6:00, regular Fr availability.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at 571-272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW J SULLIVAN/Examiner, Art Unit 3677
