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
Claims 2 and 6-8 are objected to because of the following informalities.
• Claim 2, line 5, “a fixing ring” should read as “the fixing ring”.
• Claim 6, line 1, “A controller” should read as “The controller”.
• Claim 6, line 1, “a game” should read as “the game”.
• Claim 6, line 1, “a button” should read as “the button”.
• Claim 7, line 1, “a game” should read as “the game”.
• Claim 7, line 2, “a reaction point” should read as “the reaction point”.
• Claim 8, line 1, “a game” should read as “the game”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable under EP 3254736 A1 (“Okamura”) in view of US 7942745 B2 (“Ikeda”).
In regards to claim 1, Okamura discloses the following limitation with the exception of the underlined limitations.
A button which is used for a controller for a game, the button comprising ([0006], “The game controller includes … a … button”): a push switch built in a housing of the controller;
a button member connected to the push switch;
and a fixing ring supporting the button member, wherein the fixing ring is removably provided to the housing, and a stroke width of the button member can be adjusted through replacement of the fixing ring.
Ikeda discloses
a push switch built in a housing of the controller (column 8, line 46, “the … button … is a push switch”);
a button member connected to the push switch (column 8, lines 46-47, “the … button … is a push switch having a switch contact (not shown) and a key top”);
and a fixing ring supporting the button member, wherein the fixing ring is removably provided to the housing (column 17, lines 7-9, “button 216 and … button 218 are provided on the … surface of the … holding portion” Examiner notes that Annotated Ikeda FIG. 13 depicts a fixing ring.), and a stroke width of the button member can be adjusted through replacement of the fixing ring (column 9, lines 22-26, “an X button 44 and a Y button 46 are arranged on the width-direction … of the housing … in a straight line with a spacing between the two … These X button 44 and Y button 46 are used to make adjustments”).
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Okamura and Ikeda are considered analogous to the claimed invention because they are in the field of game controllers and game operating devices. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a button which is used for a controller for a game, the button comprising, as disclosed by Okamura, a push switch built in a housing of the controller; a button member connected to the push switch; and a fixing ring supporting the button member, wherein the fixing ring is removably provided to the housing, and a stroke width of the button member can be adjusted through replacement of the fixing ring, as disclosed by Ikeda, to provide a button, push switch, switch contact, key top, and housing for a game operating device. One skilled in the art would recognize and value the addition of a button, push switch, switch contact, key top, and housing for a game operating device.
In regards to claim 6, Okamura discloses
a controller for a game comprising a button ([0006], “The game controller includes … a … button”)
In regards to claim 7, Okamura discloses
wherein a plurality of the buttons are provided and a different depth of a reaction point can be set for each button ([0045], “The A-button 2a, the B-button 2b, the X-button 2x, and the Y-button 2y are buttons capable of being pressed in a depth direction … and are buttons used for a game operation … the minus button 3a, the plus button 3b, the capture button 3c, and the home button 3d are buttons capable of being pressed in the positive z-axis direction”).
Claims 2, 4-5, and 8 are rejected under 35 U.S.C. 103 as being unpatentable under Okamura in view of Ikeda and JP 2019125439 A (“Unoki”).
In regards to claim 2, Okamura discloses the following limitation with the exception of the underlined limitations.
wherein the button member has a leg portion which is brought into contact with a base plate fixed to the housing when a pressing operation is executed ([0097], “the lower portion … of the … button … includes a bearing portion … and is supported to be pivotable … in … the game controller … The bearing portion … is provided … in the direction of the front surface of the game controller … The … button … is configured to pivot … thereby being pressed in the down direction of the game controller”), the fixing ring has a skirt portion which is brought into contact with the leg portion when the button member is released from the pressing operation, and the stroke width of the button member can be adjusted through replacement of the fixing ring with a fixing ring having a different length of the skirt portion from a length of the skirt portion of the fixing ring.
Unoki discloses
the fixing ring has a skirt portion which is brought into contact with the leg portion when the button member is released from the pressing operation (page 2, paragraph 4, “FIG. 8 is an exploded perspective view of the push button type switch” Examiner notes that Annotated Unoki FIG. 8 depicts the skirt portion.)
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Okamura and Unoki are considered analogous to the claimed invention because they are in the field of game controllers and game push button switches. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a button which is used for a controller for a game, the button comprising, as disclosed by Okamura, the fixing ring has a skirt portion which is brought into contact with the leg portion when the button member is released from the pressing operation, as disclosed by Unoki, to provide a push button type switch that can be used in a video game machine. One skilled in the art would recognize and value the addition of a push button type switch that can be used in a video game machine.
Ikeda discloses
and the stroke width of the button member can be adjusted through replacement of the fixing ring with (column 9, lines 22-26, “an X button 44 and a Y button 46 are arranged on the width-direction … of the housing … in a straight line with a spacing between the two … These X button 44 and Y button 46 are used to make adjustments”) a fixing ring having a different length of the skirt portion from a length of the skirt portion of the fixing ring (column 17, lines 7-9, “button 216 and … button 218 are provided on the … surface of the … holding portion” Examiner notes that Annotated Ikeda FIG. 13 depicts fixing rings of different diameters.).
Okamura and Ikeda are considered analogous to the claimed invention because they are in the field of game controllers and game operating devices. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a button which is used for a controller for a game, the button comprising, as disclosed by Okamura, and the stroke width of the button member can be adjusted through replacement of the fixing ring with a fixing ring having a different length of the skirt portion from a length of the skirt portion of the fixing ring, as disclosed by Ikeda, to provide a button, push switch, switch contact, key top, and housing for a game operating device. One skilled in the art would recognize and value the addition of a button, push switch, switch contact, key top, and housing for a game operating device.
In regards to claim 4, Okamura does not disclose wherein the fixing ring has a tapered portion continuously provided to the skirt portion, and the tapered portion abuts an edge portion of an attachment hole of the housing to which the fixing ring is fitted.
Unoki discloses
wherein the fixing ring has a tapered portion continuously provided to the skirt portion, and the tapered portion abuts an edge portion of an attachment hole of the housing to which the fixing ring is fitted (page 2, paragraph 4, “FIG. 8 is an exploded perspective view of the push button type switch” Examiner notes that Annotated Unoki FIG. 8 depicts the tapered portion.).
Okamura and Unoki are considered analogous to the claimed invention because they are in the field of game controllers and game push button switches. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a button which is used for a controller for a game, the button comprising, as disclosed by Okamura, the fixing ring has a skirt portion which is brought into contact with the leg portion when the button member is released from the pressing operation, wherein the fixing ring has a tapered portion continuously provided to the skirt portion, and the tapered portion abuts an edge portion of an attachment hole of the housing to which the fixing ring is fitted, as disclosed by Unoki, to provide a push button type switch that can be used in a video game machine. One skilled in the art would recognize and value the addition of a push button type switch that can be used in a video game machine.
In regards to claim 5, Okamura does not disclose wherein the button member has four leg portions.
Unoki discloses
wherein the button member has four leg portions (page 5, paragraph 3, “FIG. 5 and 8 are … views of the push button switch … in an exploded state” Examiner notes that Annotated Unoki FIG. 5 depicts four leg portions).
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Okamura and Unoki are considered analogous to the claimed invention because they are in the field of game controllers and game push button switches. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a button which is used for a controller for a game, the button comprising, as disclosed by Okamura, the fixing ring has a skirt portion which is brought into contact with the leg portion when the button member is released from the pressing operation, wherein the button member has four leg portions, as disclosed by Unoki, to provide a push button type switch that can be used in a video game machine. One skilled in the art would recognize and value the addition of a push button type switch that can be used in a video game machine.
In regards to claim 8, Okamura does not disclose wherein a top plate of the housing is replaceable.
Unoki discloses
wherein a top plate of the housing is replaceable (page 7, paragraph 4, “another embodiment may be implemented in which part or all of the configuration of the embodiment described above is replaced with an equivalent configuration”).
Okamura and Unoki are considered analogous to the claimed invention because they are in the field of game controllers and game push button switches. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a button which is used for a controller for a game, the button comprising, as disclosed by Okamura, wherein a top plate of the housing is replaceable, as disclosed by Unoki, to provide an equivalent configuration that can be used in a video game machine. One skilled in the art would recognize and value the addition of an equivalent configuration that can be used in a video game machine.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable under Okamura in view of Ikeda and ES 2822424 T3 (“Rubio”).
In regards to claim, 3 Okamura does not disclose wherein the push switch is a depth sensor and a depth of a reaction point of the push switch can be adjusted.
Rubio discloses
wherein the push switch is a depth sensor and a depth of a reaction point of the push switch can be adjusted (page 5, paragraph 3, “The button … includes … a sensor”).
Okamura and Rubio are considered analogous to the claimed invention because they are in the field of game controllers and game controller command buttons. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a button which is used for a controller for a game, the button comprising, as disclosed by Okamura, wherein the push switch is a depth sensor and a depth of a reaction point of the push switch can be adjusted, as disclosed by Rubio, to provide a sensor for a game controller command button. One skilled in the art would recognize and value the addition of a sensor for a game controller command button.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to
Applicant’s disclosure. The following references have been cited to further show the
state of the art.
• US 20200316461 A1 (“Huffer”)
Huffer discloses a hand operated game controller for controlling a game console.
• US 20230090962 A1 (“Franco”)
Franco discloses a hand-held controller that is operated with one hand of the user and that provides input to a computerized machine interfacing with and providing inputs to a video game running on a computing device.
Contact Information
Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Lisa Antoine whose telephone number is
(571) 272-4252 and whose email address is lantoine@uspto.gov. The examiner can be
reached Monday-Thursday, 7:30 am-5:30 pm CT. Examiner interviews are available via
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attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai, can be reached on (571) 272-7147. The fax phone number for
the organization where this application or proceeding is assigned is (571) 273-8300.
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/LISA H ANTOINE/
Examiner, Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715
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