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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. The objected to language is “Provided is”.
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 13 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. The term “long” in claim 13 is a relative term which renders the claim indefinite. The term “long” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what dimensions of length qualify as “long” in terms of applying prior art. The specification says the holes are “appropriately determined” but this is not a definite explanation.
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.
Claims 1-8, 10, 11 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hirayama, US 2021/0232096 in view of Kim, US 2015/0137731.
Regarding claim 1, Hirayama discloses a device case comprising: a case main body (15); a plurality of first exterior members (26, 27, 34, 37) arranged on a lateral part of the case main body; a plurality of second exterior members (35, 38) arranged on a lateral part of the case main body and fixed to the case main body; wherein the case main body and each of the plurality of first exterior members are fixed to each other with a screw (Fig 4).
Hirayama does not explicitly disclose a top face member that presses the plurality of first exterior members and the plurality of second exterior members from above, wherein the top face member is fitted to the plurality of first exterior members.
Kim discloses a top face member configured to press members below it from above (Fig 1 and 4).
It would have been obvious to one having ordinary skill in the art to modify Hirayama to include a top face member for the purpose of protecting the case from damage because Kim states: “Another aspect of the present disclosure is to provide a protection case that includes a protection case part coupled to a case body part while covering the case body part, thereby enabling a wearable electronic device to be coupled or separated more conveniently”.
Regarding claim 2, Hirayama and Kim disclose the plurality of second exterior members are fitted to the case main body from above (Hirayama Fig 3).
Regarding claim 3, Hirayama and Kim disclose the plurality of first exterior members are arranged at positions facing each other across the case main body (Hirayama Fig 4).
Regarding claim 4, Hirayama and Kim disclose the case main body is provided with a pin (33) having one end press-fitted at a position corresponding to each of the plurality of second exterior members (Hirayama Fig 10).
Regarding claim 5, Hirayama and Kim disclose a pin insertion hole (35b, 38b) is formed in each of the plurality of second exterior members.
Regarding claim 6, Hirayama and Kim disclose the pin is inserted into the pin insertion hole on an end other than the one end (Hirayama Fig 3).
Regarding claim 7, Hirayama and Kim disclose the top face member includes an L-shaped hooking part on a lower side (Kim Fig 4-6)
Regarding claim 8, Hirayama and Kim disclose a groove is formed in each of the plurality of first exterior members (Hirayama Fig 4, grooves formed to complement shape of 21).
Regarding claim 10, Hirayama and Kim do not explicitly disclose a buffer member provided between the case main body and the plurality of second exterior members.
Hirayama discloses several buffer members including rubber gaskets (44, 45, 46) provided between the case main body and push button shaft 42.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include buffer members as taught by Hirayama between the case main body and the plurality of second exterior members because Hirayama states “As a result, the pushbutton switch 5 is configured to achieve high-pressure waterproofness as the heat resistance and chemical resistance are ensured by the first gasket 44 made of fluorine rubber to prevent the entry of liquids such as water, oil, and chemicals, the wear resistance, durability, and sliding property are ensured by the second gasket 45 made of nitrile rubber, which has less permanent strain caused by compression, to prevent the entry of water, and the heat resistance and weather resistance are ensured by the third gasket 46 made of butyl rubber to prevent the entry of a gas such as water vapor, thereby preventing fogging of the watch glass 6.” The buffer members increase water resistance and prevent foreign contaminants from entering the watch.
Regarding claim 11, Hirayama and Kim disclose at least part of the pin protrudes upward through the plurality of second members (Hirayama Fig 10 shows pin protruding through the second members).
Regarding claim 13, Hirayama and Kim disclose at least part of the pin insertion hole is a long hole that is elongated in a diameter direction of the case main body (Hirayama Fig 10).
Regarding claims 14-16 Hirayama and Kim disclose a timepiece comprising the device case according to claims 1-3.
Allowable Subject Matter
Claims 9 and 12 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON COLLINS whose telephone number is (571)270-3994. The examiner can normally be reached 9:30 AM - 6:00 PM.
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/JASON M COLLINS/ Examiner, Art Unit 2831
/EDWIN A. LEON/ Primary Examiner, Art Unit 2831
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