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 .
Priority
This application is a continuation of U.S. application No. 17/931,405, filed on 09/12/2022, now US patent No. 12,342,476.
Oath/Declaration
The oath/declaration filed on 06/03/2025 is acceptable.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “75” has been used to designate both “one or more detents” and “one or more recesses”, as shown in figure 2. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 21, 22, 23, 24, 25, and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 16, 17, 18, 19, 20 and 20 of U.S. Patent No. 12,342,476. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 21, The [US 12,342,476] discloses all features of a wireless control system comprising:
a wireless remote controller comprising (claim 16 of the US 12,342,476, line 2):
a housing including a printed circuit board (PCB) cavity and a mounting cavity formed in at least a portion of a rear surface of the housing, the mounting cavity having an opening, a base, and a first and a second converging cavity sidewall extending from the base (claim 16, lines 3-8);
a PCB configured to be disposed at least partially within the PCB cavity, the PCB including a support board, one or more switches configured to generate a command upon actuation, and communication circuitry configured to generate a wireless signal representative of the command (claim 16, lines 9-14); and
a button configured to actuate the switch upon depressing the button inwardly towards the PCB (claim 16, lines 15-16); and
a mounting plate configured to removably secure the wireless remote controller to a support surface, the mounting plate including a first and second converging mount sidewalls each including a rail (claim 16, lines 17-20);
wherein the first and second cavity sidewalls and the first and second mount sidewalls include a first and a second rail and a first and a second channel (claim 16, lines 21-23); and
wherein the convergence of the first and second mount sidewalls corresponds to the convergence of the first and second cavity sidewalls such that the first and second rails slidably fit within and engage the first and second channels to retain the wireless remote controller to the mounting plate (Claim 16, lines 24-29).
The features as claimed are disclosed in the combination features of the claim 16 of the US 12,342,476.
Regarding claim 22, The [US 12,342,476] discloses wherein the first and second mount sidewalls of the mounting plate have a generally trapezoidal shape which corresponds to a generally trapezoidal shape of the first and second cavity sidewalls of the mounting cavity (claim 17, lines 1-5).
The features as claimed are disclosed in the combination features of the claim 17 of the US 12,342,476.
Regarding claim 23, The [US 12,342,476] discloses wherein a separation distance of the opening proximate a bottom of the housing is larger than the separation distance proximate a top of the housing (claim 18, lines 1-4).
The features as claimed are disclosed in the combination features of the claim 18 of the US 12,342,476.
Regarding claim 24, The [US 12,342,476] discloses wherein the button includes a button body having at least one button portion and a first and a second button sidewall extending from the button body, wherein each button sidewall includes one or more retaining fingers configured to receive and engage a backside of the support board of the PCB (claim 19, lines 1-6).
The features as claimed are disclosed in the combination features of the claim 19 of the US 12,342,476.
Regarding claim 25, The [US 12,342,476] discloses wherein the housing includes a front enclosure and a rear enclosure defining the PCB cavity, the front enclosure including a button support frame configured to bias the button to an unactuated position, the button support frame including one or more rocker supports and one or more fingers (claim 20, lines 1-5).
The features as claimed are disclosed in the combination features of the claim 20 of the US 12,342,476.
Regarding claim 26, The [US 12,342,476] discloses wherein the button support frame includes one or more rocker supports and one or more fingers (claim 20, lines 5-6).
This feature(s) as claimed is disclosed in the feature(s) of the claim 20 of the US 12,342,476.
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 21-23 and 27-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Altonen et al. [US 2017/0181256].
Regarding claim 21, Altonen et al., disclose a wireless control system (100, figures 1-13) comprising:
a wireless remote controller (120, figures 4-13) comprising:
a housing (122 & 124, figures 4-13) including a printed circuit board cavity (a chamber enclosed a PCB 250, figures 4A-4B) and a mounting cavity (280, figures 9-11) formed in at least a portion of a rear surface of the housing, the mounting cavity having an opening (280, figures 9-11), a base (280, figures 9-11), and a first and a second converging cavity sidewall (290, figures 9-11) extending from the base;
a PCB (250, figures 4A-4B) configured to be disposed at least partially within the PCB cavity, the PCB including a support board (250, figures 4A-4B), one or more switches (256, figures 4A-4B) configured to generate a command upon actuation, and communication circuitry configured to generate a wireless signal representative of the command (paragraphs 0010-0011 and 0036); and
a button (130/132/134/136/138/140, figures 5-8) configured to actuate the switch upon depressing the button inwardly towards the PCB; and
a mounting plate (310, figures 9-11) configured to removably secure the wireless remote controller to a support surface (a wall surface, paragraphs 0007-0008), the mounting plate including a first and second converging mount sidewalls each including a rail (320, figures 9-11);
wherein the first and second cavity sidewalls (290, figure 9) and the first and second mount sidewalls (320, figure 9) include a first and a second rail and a first and a second channel (figure 9); and
wherein the convergence of the first and second mount sidewalls corresponds to the convergence of the first and second cavity sidewalls such that the first and second rails slidably fit within and engage the first and second channels to retain the wireless remote controller to the mounting plate (figures 5-7 and 9-11).
Regarding claim 22, Altonen et al., further disclose wherein the first and second mount sidewalls of the mounting plate have a generally trapezoidal shape which corresponds to a generally trapezoidal shape of the first and second cavity sidewalls of the mounting cavity (figures 9-11).
Regarding claim 23, Altonen et al., further disclose wherein a separation distance of the opening proximate a bottom of the housing is larger than the separation distance proximate a top of the housing (figure 9).
Regarding claim 27, Altonen et al., disclose a wireless control system (100, figures 1-13) comprising:
a wireless remote controller (120, figures 4-13) comprising:
a housing (122 & 124, figures 4-13) having a front (122, figures 5-13), a rear (124, figures 5-13), a housing top (a housing top enclosed a battery 252, figures 9-11), and a housing bottom (an opposite the housing top where is allowed to insert a mounting plate 310, figures 9-11); and
a mounting cavity (28, figures 9-11) formed in at least a portion of the rear of the housing, the mounting cavity having an opening (280, figures 9-11) proximate the housing bottom, a base (280, figures 9-11), and a first and a second cavity sidewalls (290, figures 9-11) extending from the base which converge toward each other in a first direction towards the housing top (a direction towards the housing top, figures 9-11); and
a mounting plate (310, figures 9-11) configured to be removably secured to the wireless remote controller, the mounting plate including a plate top (a top edge of the mounting plate 310, figure 9), a plate bottom (a bottom edge of the mounting plate 310, figure 9), and a first and second mount sidewalls (320, figures 9-11) extending from the plate bottom which converge toward each other in a second direction towards the plate top (a direction towards the plate top, figure 9);
wherein the first and second mount sidewalls are configured to slidably engage with the first and second cavity sidewalls to retain the wireless remote controller to the mounting plate (figures 9-11).
Regarding claim 28, Altonen et al., further disclose wherein the convergence of the first and second mount sidewalls corresponds to the convergence of the first and second cavity sidewalls to retain the wireless remote controller to the mounting plate (figures 5-7 and 9-11).
Regarding claim 29, Altonen et al., further disclose wherein the first and a second cavity sidewall converge linearly towards each other in the first direction (figures 9-11).
Regarding claim 30, Altonen et al., further disclose wherein the first and second cavity sidewalls and the first and second mount sidewalls include a first rail (a left cavity sidewall 290, figures 9-11), a second rail (a right cavity sidewall 290, figures 9-11), a first channel (a left slot of the first rail 290, figures 9-11), and a second channel (a right slot of the second rail 290, figures 9-11), and wherein the first and second rails slidably fit within and engage the first and second channels to retain the wireless remote controller to the mounting plate (figures 9-11).
Regarding claim 31, Altonen et al., further disclose wherein the first and second cavity sidewalls include the first rail and second rail, respectively, and wherein the first and second mount sidewalls (left and right mount sidewalls 320, figures 9-11) include the first channel and second channel, respectively (figures 9-11).
Regarding claim 32, Altonen et al., further disclose wherein the first and second mount sidewalls of the mounting plate have a generally trapezoidal shape which corresponds to a generally trapezoidal shape of the first and second cavity sidewalls of the mounting cavity (figures 9-11).
Regarding claim 33, Altonen et al., further disclose wherein a separation distance of the opening proximate a bottom of the housing is larger than the separation distance proximate a top of the housing (figure 9).
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 40 is rejected under 35 U.S.C. 103 as being unpatentable over Altonen et al.
Regarding claim 40, Altonen et al., disclose the claimed invention except for wherein a projection of the first and second mount sidewalls intersect at an angle which is between about 5 to about 20 degrees.
It would have been obvious matter of design choice to set “a projection of the first and second mount sidewalls intersect at an angle which is between about 5 to about 20 degrees” for the mount plate of Altonen et al., in order to ensure a mounting plate slides smoothly and easily into the cavity sidewalls of a wireless remote controller, since such a modification would have involved a mere change in the dimensions or proportion of a component. A change in dimension of proportion is generally recognized as being within the level of ordinary skill in the art. In Gardner v. TEC System, Inc., 725 F .2d 1338, 220 USPQ 777 (Fed. Cir. 1984).
Allowable Subject Matter
Claims 34-39 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.
The following is a statement of reasons for the indication of allowable subject matter:
The claim 34 discloses the combination features of “wherein the mounting cavity and the mounting plate further comprise a mounting detent and a mounting recess configured to provide audible noise or tactile feedback when the wireless remote controller is secured to the mounting plate.” These features, in conjunction with other features, as claimed in the claim 27, were neither found to be disclosed, nor suggested by the prior art of records.
The claim 35 discloses the combination features of “wherein mounting plate is configured to be secured to a support surface with a double-sided adhesive, and wherein the mounting cavity further includes a tab recess configured to receive a removal tab associated with the double-sided adhesive.” These features, in conjunction with other features, as claimed in the claim 27, were neither found to be disclosed, nor suggested by the prior art of records.
The claim 36 discloses the combination features of “wherein mounting plate is configured to be secured to a support surface with a double-sided adhesive, and wherein the mounting plate further includes a tab notch configured to provide space for a removal tab associated with the double-sided adhesive.” These features, in conjunction with other features, as claimed in the claim 27, were neither found to be disclosed, nor suggested by the prior art of records.
The claim 37 discloses the combination features of “wherein mounting plate is configured to be secured to a support surface with a double-sided adhesive, wherein the mounting plate further includes a tab notch configured to provide space for a removal tab associated with the double-sided adhesive; and wherein the mounting cavity further includes a tab recess configured to receive the removal tab associated with the double-sided adhesive when the wireless remote controller is secured to the mounting plate.” These features, in conjunction with other features, as claimed in the claim 27, were neither found to be disclosed, nor suggested by the prior art of records. Claim 38 depends on the allowed claim 37.
The claim 39 discloses the combination features of “wherein the wireless remote controller and the mounting plate include a resiliently deformable detent and a detent recess configured to cooperate with each other to provide a retaining force that aids in securing the wireless remote controller to the mounting plate.” These features, in conjunction with other features, as claimed in the claim 27, were neither found to be disclosed, nor suggested by the prior art of records.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
De Crouy-Chanel et al. [US 6,131,018] disclose telephony device;
Kim et al. [US 2005/0124381] disclose detachable mobile terminal;
Jensen [US 2012/0104197] discloses remote control unit wall docking system;
Tress et al. [US 2017/0207042] disclose wireless lighting control device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hung S. Bui whose telephone number is (571)272-2102. The examiner can normally be reached on M-F: 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen L. Parker can be reached on (303) 297-4722. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUNG S. BUI/
Primary Examiner
Art Unit 2841
/HUNG S. BUI/Primary Patent Examiner, 2841/2800
