Prosecution Insights
Last updated: October 02, 2026
Application No. 19/196,405

ELECTRONIC DEVICE

Non-Final OA §102§103
Filed
May 01, 2025
Priority
Nov 11, 2022 — continuation of PCTJP2022042089
Examiner
ASMAT UCEDA, MARTIN ANTONIO
Art Unit
Tech Center
Assignee
Nintendo Co., Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
110 granted / 131 resolved
+24.0% vs TC avg
Moderate +12% lift
Without
With
+11.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
19 currently pending
Career history
141
Total Applications
across all art units

Statute-Specific Performance

§103
53.3%
+13.3% vs TC avg
§102
23.6%
-16.4% vs TC avg
§112
22.5%
-17.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 131 resolved cases

Office Action

§102 §103
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 The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: Electronic device having a projecting portion including operation buttons. Claim Rejections - 35 USC § 102 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 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. Claims 1-2 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hashimoto et al. (JP 2017037371 A, and Hashimoto hereinafter). Regarding Claim 1, Hashimoto discloses an electronic device comprising: a front surface (25F, fig. 1) where a display is arranged (21, fig. 1); a rear surface (25B, fig. 3) located opposite to the front surface (figs. 1 and 3); an upper surface (including 313, 413 and 25U, fig. 2) contiguous to the front surface and the rear surface (figs. 1-2); a lower surface (including 25D and bottom portion of 32 and 42, fig. 2) located opposite to the upper surface (figs. 1-2); a first side surface (315, fig. 2) contiguous to each of the front surface, the rear surface, the upper surface, and the lower surface (figs. 1-3); a second side surface (414, fig. 2) located opposite to the first side surface (fig. 2), the upper surface being provided with a projecting portion (including 25L, 2R, and 25U, fig. 2); a first operation button (B5, fig. 2) arranged at the projecting portion and provided closer to the first side surface relative to a center of the upper surface (fig. 1); and a second operation button (right instance of BC4, fig. 2) arranged at the upper surface other than the projecting portion and provided closer to the first side surface relative to the first operation button (fig. 2). Regarding Claim 2, Hashimoto discloses the electronic device according to claim 1, further comprising: a third operation button (B3, fig. 2) arranged at the projecting portion and provided closer to the second side surface relative to the center of the upper surface (fig. 2); and a fourth operation button (left instance of BC4, fig. 2) arranged at the upper surface other than the projecting portion and provided closer to the second side surface relative to the third operation button (fig. 2). Regarding Claim 5, Hashimoto discloses the electronic device according to claim 2, wherein the second operation button is arranged at a boundary portion between the upper surface and the first side surface (right instance of BC4, fig. 2; boundary interpreted using broadest reasonable interpretation and defined as region starting at a point where a horizontal line would tangentially intersect 313 until a point where a vertical line would tangentially intersect 315), and the fourth operation button is arranged at a boundary portion between the upper surface and the second side surface (left instance of BC4, fig. 2; boundary interpreted using broadest reasonable interpretation and defined as region starting at a point where a horizontal line would tangentially intersect 413 until a point where a vertical line would tangentially intersect 414). Regarding Claim 6, Hashimoto discloses the electronic device according to claim 5, wherein a boundary portion between the upper surface and the first side surface is curved (fig. 2; see also rejection of claim 5 above), and a boundary portion between the upper surface and the second side surface is curved (fig. 2; see also rejection of claim 5 above). Regarding Claim 7, Hashimoto discloses the electronic device according to claim 2, wherein in a direction from the lower surface toward the upper surface (+Y direction, fig. 2), a lowermost portion of the first operation button is located above an uppermost portion of the second operation button (fig. 2) and a lowermost portion of the third operation button is located above an uppermost portion of the fourth operation button (fig. 2). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto in view of Hamada (US 20050247550 A1, and Hamada hereinafter). Regarding Claim 3, Hashimoto discloses the electronic device according to claim 2 but does not explicitly disclose the projecting portion comprises a first inclined portion located at a first side surface side, and a second inclined portion located at a second side surface side, the first operation button is arranged at the first inclined portion, and the third operation button is arranged at the second inclined portion. Hamada discloses a projecting portion (16, fig. 1) comprises a first inclined portion located at a first side surface side (inclined portion of 84R, figs. 1 and 9A), and a second inclined portion located at a second side surface side (inclined portion of 84R, fig. 1 and 9A), a first operation button is arranged at the first inclined portion (46R, fig. 1), and a third operation button is arranged at the second inclined portion (84L, fig. 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hashimoto to incorporate the teachings of Hamada so that the projecting portion comprises a first inclined portion located at a first side surface side, and a second inclined portion located at a second side surface side, the first operation button is arranged at the first inclined portion, and the third operation button is arranged at the second inclined portion, in order to facilitate reach by the user’s fingers (“Moreover, as described above, the LR-buttons 46 are provided at the positions that the fingertips of the forefingers touch when the user grips the casing 10”, [0064]). This modification could be implemented by making the right and left ends of the protruding portion have an incline section and placing operating buttons at said locations. Regarding Claim 4, Hashimoto/Hamada discloses the electronic device according to claim 3, wherein the projecting portion comprises a central portion located between the first inclined portion and the second inclined portion (Hashimoto as modified by Hamada would have inclined portions at the right and left ends of the projecting portion. See rejection of claim 3 above), a boundary portion between the central portion and the first inclined portion is curved, and a boundary portion between the central portion and the second inclined portion is curved (fig. 2 of Hashimoto in view of modification described in rejection of claim 3 above). Allowable Subject Matter Claims 8-16 are allowable. The following is a statement of reasons for the indication of allowable subject matter: Regarding independent claim 8, patentability exists, at least in part, with the claimed features of “a first device and a second device are removably attached to each other” and “a first connection portion is provided at a first front surface side of the first projecting portion, and a second connection portion connectable to the first connection portion is provided at a second rear surface side of the second projecting portion”. Hashimoto (JP 2017037371 A), Seibert (US 20210197075 A1), Tamura (US 20260061309 A1), Tomohara (US 20100317416 A1), Joo (US 20090034209 A1), Jones (US 20110143769 A1), Kim (US 20080047102 A1), Kim (US 20190354332 A1), Feng (US 9983635 B2), Tomohara (US 8401597 B2), Cui (US 7962186 B2), Chen (US 20210104907 A1), Hiratomo (US 20150268694 A1), Schoenith (US 20150018101 A1), Wu (US 20120088582 A1), and Urham (US 20140018173 A1), are cited as teaching some elements of the claimed invention including an electronic device, a front surface, a display, a rear surface, a projecting portion, operating buttons and/or connection portions. However, the prior art, when taken alone, or, in combination, cannot be construed as reasonably teaching or suggesting all of the elements of the claimed invention as arranged, disposed, or provided in the manner as claimed by the Applicant. For instance, Hashimoto discloses a first device comprises a front surface (25F, fig. 1) where a first display is arranged (21, fig. 1), a first rear surface (25B, fig. 3) located opposite to the front surface (figs. 1 and 3), a first upper surface (including 313, 413 and 25U, fig. 2) contiguous to the first front surface and the first rear surface (figs. 1-2), a first lower surface (including 25D and bottom portion of 32 and 42, fig. 2) located opposite to the upper surface (figs. 1-2), a first right side surface (315, fig. 2) contiguous to each of the first front surface, the first rear surface, the first upper surface, and the first lower surface (figs. 1-3), a first left side surface (414, fig. 2) located opposite to the first right side surface (fig. 2), the first upper surface being provided with a first projecting portion (including 25L, 2R, and 25U, fig. 2), a first operation button (B5, fig. 2) arranged at the first projecting portion and provided closer to the first right side surface relative to a center of the upper surface (fig. 1), a second operation button (right instance of BC4, fig. 2) arranged at the first upper surface other than the first projecting portion and provided closer to the first right side surface relative to the first operation button (fig. 2). Hashimoto lacks a second device removably attached to the first device and a first connection portion is provided at a first front surface side of the first projecting portion, and a second connection portion connectable to the first connection portion is provided at a second rear surface side of the second projecting portion. Seibert discloses an electronic device in which a first device and a second device are removably attached to each other (12, fig. 1B), each device comprising a connection portion (56 and 66, figs. 2A and 2B). However, Seibert lacks the structural features required for the first and second devices (e.g., the first device comprises a first front surface where a first display is arranged; the first upper surface being provided with a first projecting portion, a first operation button arranged at the first projecting portion and provided closer to the first right side surface relative to a center of the first upper surface, and a second operation button arranged at the first upper surface other than the first projecting portion and provided closer to the first right side surface relative to the first operation button). Seibert also lacks a first connection portion is provided at a first front surface side of the first projecting portion, and a second connection portion connectable to the first connection portion is provided at a second rear surface side of the second projecting portion. The structural and functional differences between Seibert and Hashimoto are such that a combination of both references would require modifications beyond what a person of ordinary skill consider obvious. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Martin A Asmat-Uceda whose telephone number is (571)270-7198. The examiner can normally be reached 8 AM - 5 PM. 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, Allen L Parker can be reached at 303-297-4722. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALLEN L PARKER/Supervisory Patent Examiner, Art Unit 2841 /MARTIN ANTONIO ASMAT UCEDA/Examiner, Art Unit 2841
Read full office action

Prosecution Timeline

May 01, 2025
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
96%
With Interview (+11.5%)
2y 4m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 131 resolved cases by this examiner. Grant probability derived from career allowance rate.

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