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 .
Claims Status
Claims 1-14 are pending and stand rejected.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) to TW113207053. The certified copy has been received in the file as of 5/14/2025.
Interview Summary
The Examiner contacted Applicant to discuss a proposed amendment based on claim 5 to resolve all potential matters and place the application in condition for allowance. The amendment is provided in the Appendix section at the end of this correspondence. Applicant did not approve entry of the amendment and requested the Non-Final Action to be mailed during a telephone conversation on 9/3/2026.
Subject Matter Aallowable Over the Prior Art
Though rejected on other grounds, Claim 5 is 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.
Claim Rejections - 35 USC § 112(b)
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 1-14 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.
Regarding claim 1, claim 1 recites a hollow member rotatably disposed on the top portion of the hollow base. The scope of rotatably disposed is unclear because it is unclear whether this indicates that the hollow adjustment member is rotated into place, that the member is configured to be rotated, or some other meaning.
For examination purposes, the term will be interpreted as any adjustment member that can be rotated into place within the hollow base.
Further regarding claim 1, claim 1 recites wherein the hollow adjustment member is selectively rotated with respect to the hollow base to drive the button to be moved to a first height position or a second height position. This limitation claims the active performance of rotating the hollow adjustment member to achieve the results of to drive the button to be moved to a first height position or a second height position. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011). In Katz, a claim directed to "[a] system with an interface means for providing automated voice messages…to certain of said individual callers, wherein said certain of said individual callers digitally enter data" was determined to be indefinite because the italicized claim limitation is not directed to the system, but rather to actions of the individual callers, which creates confusion as to when direct infringement occurs. See MPEP 2173.05(p)(II)
Claims 2-13depend form claim 1 and inherit the above deficiencies. Claims 2-13 are hereby rejected along with claim 1.
Regarding claim 14, claim 14 recites a game control device including “a button module according to claim 1”, thereby inheriting the deficiencies of claim 1. Claim 14 is rejected herein under at least similar rationale.
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)(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 -2, 6-7, and 9-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu (US 2025/0372321).
Regarding claim 1, Liu discloses a button module of a game control device, wherein the button module comprises:
a hollow base having a top portion and a bottom portion (see: Fig. 3 (3), Fig. 9 (3), 0077 (switch body 3), Fig. 16, 0085);
a hollow adjustment member rotatably disposed on the top portion of the hollow base, wherein the hollow adjustment member has a top surface (see: Fig. 3 (8), Fig. 10 (8), 0077 (rotary ring 8 may be clamped to the switch body 3) Fig. 13, 0078); and
a button disposed in the hollow adjustment member, wherein the button has a top end and a bottom end, the top end protrudes from the top surface of the hollow adjustment member (see: Fig. 3 (1), Fig. 9-10 (1), 0077 (switch cap 1), and the bottom end is connected to a switch triggering member (see: 0072-0073, 0077 (micro switch pin member 5), 0084, Fig. 5, Fig. 6 (5));
wherein the hollow adjustment member is selectively rotated with respect to the hollow base to drive the button to be moved to a first height position or a second height position (see: 0050, 0059, 0077, 0079);
when the button is at the first height position, a first spacing is between the switch triggering member and the bottom portion of the hollow base, when the button is at the second height position, a second spacing is between the switch triggering member and the bottom portion of the hollow base, and the second spacing is different from the first spacing (see: 0050, 0053-0054, 0066, 0074, 0077 (travel position edges of differing heights)).
2. The button module of the game control device according to claim 1, further comprising an elastic member, wherein the elastic member is disposed in the hollow base and elastically abuts against the button (see: Fig. 14, 0058, 0073, 0077).
6. The button module of the game control device according to claim 1, wherein the hollow adjustment member has a bottom surface, the button has a hook portion, and the hook portion is hooked at the bottom surface (see: Fig. 7 (103), 0068, Fig. 9 (103), 0077).
7. The button module of the game control device according to claim 6, wherein the bottom surface has a first supporting surface and a second supporting surface at different heights; when the button is at the first height position, the hook portion is hooked at the first supporting surface, and when the button is at the second height position, the hook portion is hooked at the second supporting surface (see: Fig. 12 (502, 113), 0077, 0079).
9. The button module of the game control device according to claim 1, wherein the hollow adjustment member has an outer annular surface, the outer annular surface has a plurality of limiting grooves, and the limiting grooves are arranged annularly and spaced apart from each other; the hollow base is provided with an elastic piece, and the elastic piece has a limiting protrusion; when the button is at the first height position, the limiting protrusion is limited within one of the limiting grooves, and when the button is at the second height position, the limiting protrusion is limited within another one of the limiting grooves (see: 0069, 0073-0075).
10. The button module of the game control device according to claim 1, wherein the hollow adjustment member has an outer annular surface, the outer annular surface has a plurality of grooves, and the grooves are arranged annularly and spaced apart from each other;
the hollow base has a flexible arm, and the flexible arm has a protrusion; when the button is at the first height position, the protrusion is limited within one of the grooves, and when the button is at the second height position, the protrusion is limited within another one of the grooves (see: Fig. 7 (103), 0066, 0071, 0075).
11. The button module of the game control device according to claim 1, wherein the hollow adjustment member has an outer annular surface, and the outer annular surface is provided with a limiting flange (see: Fig. 10 (8), Fig. 12 (8, 111), 0085 (limiting plate)).
Note: a flange is merely a rib or rim for strength, for guiding, or for attachment to another object (https://www.merriam-webster.com/dictionary/flange). The outer rim of ring 8 is a flange.
12. The button module of the game control device according to claim 1, wherein when the hollow adjustment member is rotated with respect to the hollow base, the hollow adjustment member is moved to different height positions with respect to the bottom portion of the hollow base (see: 0049, 0055, 0065).
Note: switch cap body acts as the adjustable member and raises or lowers as adjusted.
13. The button module of the game control device according to claim 1, wherein when the hollow adjustment member is rotated with respect to the hollow base, a height position of the hollow adjustment member with respect to the bottom portion of the hollow base is not changed (see: 0050, 0074, 0077).
Note: the ring 8 remains in place during adjustment.
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) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Huppi (US 2003/0076303).
Regarding claim 3, Liu teaches all the above but does not teach wherein the top surface of the hollow adjustment member has a skidproof structure. Liu notably depicts indicator positions, which may or may not be raised (see: Fig. 3 (9)).
To this accord, Huppi teaches wherein the top surface of an adjustment member has a skidproof structure (see: Fig. 2 (46), Fig. 3 (62), Fig. 9 (172, 176), 0032, 0040, 0059).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the adjustment ring of Liu to have utilized the known technique for applying tactile features as taught by Huppi in order to have provided a non-obtrusive surface that stilled allowed a user to grip the ring more easily (see: Huppi: 0040).
4. The button module of the game control device according to claim 3, wherein the skidproof structure comprises at least one selected from the group consisting of at least one concave portion and at least one convex portion (see: Huppi: Fig. 2 (46), Fig. 3 (62), Fig. 9 (172, 176), 0032, 0040, 0059).
Note: bumps are concave, while recesses, cavities, and divots are convex.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Woo (US 2024/0102510).
Regarding claim 8, Liu teaches all the above including wherein the bottom surface has a guiding groove, and the guiding groove is connected between the first supporting surface and the second supporting surface (see: 0075), such as by enabling rotation between different clamping grooves. Liu, however, does not necessarily teach a guiding bevel, the guiding bevel connected between the first supporting surface and the second supporting surface.
To this accord, Woo expressly discloses a guide bevel (see: 0005 (inclined surfaces inclined at specific angles), 0015 (inclined rotor guide grooves), 0042-0043, 0057, Fig. 2 (49, 49a)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the adjustment ring of Liu to have utilized beveled guide grooves as taught by Woo in order to have provided grooves that guided and adjustable member and securely kept the member in place (see: Woo: 0043).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirata (US 2025/0235779) in view of Epstein (US 2009/0054146).
Regarding claim 14, Hirata teaches a game control device comprising:
a housing comprising a cover plate, wherein the cover plate has an outer surface and a through hole (see: Fig. 9 (900, 910), 0020, 0051);
a base plate disposed in the housing, wherein the base plate has a switch (see: Fig. 2 (500), 0058); and
a button module according to claim 1 (see: Fig. 3, Fig. 5A-B – discussed further below), wherein the button module is disposed in the housing and corresponds to the through hole, the top end of the button of the button module protrudes from the outer surface of the cover plate, and a position of the switch triggering member corresponds to a position of the switch (see: Fig. 1 (110, 120), 0052, 0057, Fig. 2 (120), Fig. 4, 0072, Fig. 5A (120, 130-131), 0073, Fig. 6, 0089).
Regarding a button module according to claim 1, Hirata teaches a button module of a game control device (see: abstract, Fig. 1-2), wherein the button module comprises:
a hollow base having a top portion and a bottom portion (see: Fig. 2 (900, 920), 0065, 0084);
a hollow adjustment member rotatably disposed on the top portion of the hollow base, wherein the hollow adjustment member has a top surface (see: Fig. 2 (110), Fig. 3, 0060, 0063-0065); and
a button disposed in the hollow adjustment member, wherein the button has a top end and a bottom end (see: Fig. 2 (120), Fig. 4, 0072), the top end protrudes from the top surface of the hollow adjustment member (see: Fig. 5A (120), Fig. 6, 0089), and the bottom end is connected to a switch triggering member (Fig. 5A (130, 131), 0073);
wherein the hollow adjustment member is selectively rotated with respect to the hollow base to drive the button to be moved to a first height position or a second height position (see: 0084-0085);
when the button is at the first height position, a first spacing is between the switch triggering member and the bottom portion of the hollow base, when the button is at the second height position, a second spacing is between the switch triggering member and the bottom portion of the hollow base, and the second spacing is different from the first spacing (see: Fig. 6 (M), Fig. 7).
Though disclosing the above, Hirata does not teach that the base plate is necessarily a circuit board. This is at least implied by Hirata, though not explicit, because Hirata arranges the switch onto the baseplate (see: Fig. 2). Circuit boards were well-known in the art before the effective filing date of the invention and would have been obvious.
For example, Epstein teaches a game controller having inputs such as joystick(s), buttons, triggers, etc., and expressly comprising a circuit board within a housing (see: Fig. 3, 0006, 0040, Fig. 4, 0041).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Hirata to have expressly utilized a circuit board since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable – namely, a base plate comprising a circuit board that communicated inputs to a console. Furthermore, one of ordinary skill would have understood that by combining Hirata with Epstein Hirata would have been improved, such as by providing a video game controller that can be configured using a set of modules for either left handed or right handed use and is intended to allow a person with the use of only one arm to take full advantage of the controls of a modern video game controller (see: Epstein: 0002).
Alternate Rejection for Claim 14:
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Epstein.
Regarding claim 14, Liu teaches a game control device comprising a button module according to claim 1 (see rejection of claim 1 above). Liu, however, does not teach: a housing comprising a cover plate, wherein the cover plate has an outer surface and a through hole;
a circuit board disposed in the housing, wherein the circuit board has a switch; and
wherein the button module is disposed in the housing and corresponds to the through hole, the top end of the button of the button module protrudes from the outer surface of the cover plate, and a position of the switch triggering member corresponds to a position of the switch.
To this accord, Epstein teaches a game controller device comprising:
a housing comprising a cover plate, wherein the cover plate has an outer surface and a through hole (see: Fig. 1-2, 0035, 0038);
a circuit board disposed in the housing, wherein the circuit board has a switch (see: Fig. 3, 0006, 0040, Fig. 4, 0041); and
wherein the button module is disposed in the housing and corresponds to the through hole, the top end of the button of the button module protrudes from the outer surface of the cover plate, and a position of the switch triggering member corresponds to a position of the switch (see: Fig. 2, 0039, Fig. 5-7, Fig. 10-11, Fig. 14-15, Fig. 18-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Liu to have expressly utilized a circuit board since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable – namely, a base plate comprising a circuit board that communicated inputs to a console. Furthermore, one of ordinary skill would have understood that by combining Liu with Epstein would have been improved, such as by providing a video game controller that can be configured using a set of modules for either left handed or right handed use and is intended to allow a person with the use of only one arm to take full advantage of the controls of a modern video game controller (see: Epstein: 0002).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Marumatsu (US 20120142418 A1) discloses key stroke adjustment uses threaded members (see: Fig. 2A-2C, FIG. 7, 0026).
Liu (US 20180006648 A1) discloses an adjustable tactile feedback switch (see: abstract, Fig. 2).
Samperi (US 20230140183) discloses a game controller having a trigger button that has a throw length that can be adjusted (abstract, Fig. 1, Fig. 6).
CN 118398415 A discloses a stroke-adjustable key and gaming peripheral, and corresponds to Liu (US 20250372321).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM J ALLEN whose telephone number is (571)272-1443. The examiner can normally be reached Monday-Friday, 8:00-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM J. ALLEN
Primary Examiner
Art Unit 3625
/WILLIAM J ALLEN/Primary Examiner, Art Unit 3619
Appendix – Proposed Amendment
1. A button module of a game control device, wherein the button module comprises:
a hollow base having a top portion, [[and]] a bottom portion, and an inner annular surface having a first thread portion;
a hollow adjustment member rotatably disposed on the top portion of the hollow base, wherein the hollow adjustment member has a top surface and an outer annular surface having a second thread portion, the second thread portion threaded with the first thread portion,
a button disposed in the hollow adjustment member, the button movable among at least a first height position and a second height position, wherein the button has a top end and a bottom end, the top end protrudes from the top surface of the hollow adjustment member, and the bottom end is connected to a switch triggering member;
wherein the hollow adjustment member is configured to be selectively rotated with respect to the hollow base to drive the button the first height position or [[a]] the second height position using the second thread portion threaded with the first thread portion,[[;]]having [[,]] a first spacing [[is]] between the switch triggering member and the bottom portion of the hollow base, having a second spacing [[is]] between the switch triggering member and the bottom portion of the hollow base, and the second spacing is different from the first spacing.
Claim 5 is cancelled.
