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 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.
Claims 2-3 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 2 (and similarly claim 3), the recitation of “a first engaging portion positioned in a first direction...” and then “…positioned in in a second direction” (claim 2) and then “…positioned in a third direction” (claim 3) renders the claim ambiguous. Are the “a first engaging portions” the same? Are they different? If the same, how are they in multiple directions? Clarification 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:
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gassoway (US 2016.0631634).
Regarding claim 1, Gassoway disclose:
An input device comprising: an operation stick comprising: a top member having an upper surface that is configured to be touched by a finger of a user, and a base member to which the top member is attached, wherein: the top member has an insertion portion extending downward and inserted into the base member; the base member or the insertion portion has a plurality of first engaging portions surrounding an axis of the insertion portion, and the base member or the insertion portion has at least one second engaging portion that engages with at least one of the plurality of first engaging portions and restricts movement of the insertion portion in a circumferential direction of the axis (see Fig. 4-7; [0067] operation stick 250; with top member 504 to be touched by user’s finger; base member 510 where 504 is attached; insertion portion 508 extending down and inserted into 510; plurality of first engaging portions 606 surrounding axis; plurality of second engaging portions 514 to engage 606 and restrict movement in circumferential direction).
Gassoway is not explicit as to, but Liotta disclose:
a mark that indicates a direction intersecting the axis is formed on an outer surface of the top member (see Fig. 3; [0023]; mark 308 on a top outer surface of top member).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of applicant’s invention to combine the known techniques of Liotta to that of Gassoway to predictably provide touch surface control by the user ([0023]).
Regarding claim 2, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
the plurality of first engaging portions includes a first engaging portion positioned in a first direction with respect to the axis, and a first engaging portion positioned in a second direction that is opposite to the first direction with respect to the axis (see Fig. 6-7).
Regarding claim 3, the rejection of claim 2 is incorporated herein. Gassoway further disclose:
the plurality of first engaging portions further includes a first engaging portion positioned in a third direction intersecting the second direction and the first direction with respect to the axis (see Fig. 6).
Regarding claim 4, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
at least one of the plurality of first engaging portions and the at least one second engaging portion includes a convex portion extending along an extending direction of the insertion portion, and at least one other of the plurality of the first engagement portions includes a groove portion extending along the extending direction of the insertion portion (see Fig. 6-7).
Regarding claim 5, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
the at least one other of the plurality of first engaging portions and the at least one second engaging portion includes a guide slope that is inclined in an oblique direction from an end portion of the groove portion relative to a circumferential direction of the insertion portion and the extending direction of the insertion portion (see Fig. 6-7).
Regarding claim 6, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
at least one of the top member and the base member comprises a magnet, and at least one of the top member and the base member has a magnet or a magnetic body that adheres to the magnet (see [0071, 0076]).
Regarding claim 7, claim 7 is rejected under the same rationale as claim 1.
Regarding claim 8, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
a plurality of operation buttons (see Fig. 2; [0058]).
Regarding claim 9, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
a dome-shaped cover member (see Fig. 7).
Regarding claim 10, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
a cover member through which the operation stick passes through (see Fig. 7).
Regarding claim 11, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
a profile button (see Fig. 2; [0058]; 222).
Regarding claim 12, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
the base member comprises a support convex portion that protrudes upwards (see Fig. 7).
Regarding claim 13, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
the support convex member is inclined with respect to a center line along an up-down direction (see Fig. 7; 710).
Regarding claim 14, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
the base member comprises an angle-of-inclination sensor (see Fig. [0044]).
Regarding claim 15, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
the base member comprises a first angle-of-inclination sensor for detecting inclination in a front-rear direction, and a second angle-of-inclination sensor for detecting inclination in a left-right direction (see Fig. [0044, 0046]).
Regarding claim 16, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
the base member comprises a column portion protruding in an up-down direction (see Fig. 7).
Regarding claim 17, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
the base member comprises a cylindrical circumferential wall portion (see Fig. 7).
Regarding claim 18, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
the base member comprises a recessed concave portion (see Fig. 7).
Regarding claim 19, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
the top member comprises an insertion portion that has a concave portion that opens downwards (see Fig. 7).
Regarding claim 20, the rejection of claim 1 is incorporated herein. Gassoway further disclose:
the base member and the top member each include engaging portions (see Fig. 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH BUKOWSKI whose telephone number is (571)270-7913. The examiner can normally be reached Monday - Friday // 0730-1530.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amr Awad can be reached at 571.272.7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/kenneth bukowski/ Primary Examiner, Art Unit 2621
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