UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/140,300
`
`09/24/2018
`
`Eric A. Knopf
`
`P31139USC2
`
`5310
`
`Dorsey & Wh1tney LLP/Apple Inc.
`111 South Main St
`
`Salt Lake City, UT 84111
`
`MALAKOOTI' IMAN
`
`ART UNIT
`
`2833
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`12/19/2018
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`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`DWAppleteam@dorsey.com
`apip.docket@dorsey.com
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`PTOL-90A (Rev. 04/07)
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`

`

`Off/09 A0170” Summary
`
`Application No.
`16/140,300
`Examiner
`IMAN MALAKOOTI
`
`Applicant(s)
`Knopf et al.
`Art Unit
`2833
`
`AIA Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on 09/24/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`1—20 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
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`6 7
`
`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 09/24/2018 is/are: a). accepted or b)[:] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[:] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:I All
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`b)D Some”
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`C)D None of the:
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`1.[:] Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20181126
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`

`

`Application/Control Number: 16/140,300
`Art Unit: 2833
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA. In the event the determination of the
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`status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-
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`AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the
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`rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under either status.
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale or othenNise available to the public before the effective filing date of the claimed
`invention.
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`Claims 1 and 3-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
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`Lee (US 7,842,895).
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`Regarding claim 1, Lee discloses an electronic input device, comprising:
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`a keycap (2);
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`a substrate positioned under the keycap (11);
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`a switch (switching contacts of 11 and 12) configured to be actuated by
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`movement of the keycap relative to the substrate (C. 5, L. 30-38);
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`a support (31) positioned between the substrate and the keycap (Fig. 1);
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`a mechanical support (32 and 33), comprising:
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`

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`Application/Control Number: 16/140,300
`Art Unit: 2833
`
`Page 3
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`a pair of wings (32 and 33) each having a pair of keycap connections pivotably
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`connected to the keycap and having a pair of support connections pivotably connected
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`to the support (Fig. 5);
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`a pair of hinges (323 and 3331 and 3333, Fig. 4) connecting the pair of wings to
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`each other along a pivot axis of the mechanical support, wherein the pair of keycap
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`connections and the pair of support connections are spaced from the pivot axis (Fig. 4).
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`Regarding claim 3, Lee further discloses the pair of keycap connections
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`are spaced further from the pivot axis than the pair of support connections (Fig. 2).
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`Regarding claim 4, Lee further discloses each wing of the pair of wings shares an
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`outer width dimension, the outer width dimension being parallel to the pivot axis
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`(Figures 3-4).
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`Regarding claim 5, Lee further discloses the pair of keycap connections comprise
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`a set of pins retained by the keycap and the pair of support connections comprise a
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`set of pins retained by the support (Fig. 5).
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`Regarding claim 6, Lee further discloses the pair of wings collectively form a
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`central opening (the middle opening) in which the switch is positioned (Fig. 1).
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`Regarding claim 7, Lee further discloses a wing of the pair of wings includes a
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`pivot pin (323) with a non-circular profile (Fig. 3).
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`

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`Application/Control Number: 16/140,300
`Art Unit: 2833
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`Page 4
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`Claims 8-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated
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`by Jhuang et al. (US 8,581,127) hereafter “Jhuang”.
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`Regarding claim 8, Jhuang discloses a keyboard (Fig. 4), comprising:
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`a base plate (23);
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`a set of switches (251) distributed across the base plate (Fig. 4);
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`a set of keycaps (20) positioned above the set of switches (Fig. 4);
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`a set of mechanical supports (21) positioned between the base plate and the set
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`of keycaps (Fig. 4), each mechanical support of the set of mechanical supports
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`including:
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`a pair of wings (Fig. 5) joined by a hinge (the middle connecting section), the pair
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`of wings being pivotable relative to each other about a pivot axis extending through the
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`hinge (Figures 7-8);
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`wherein the pair of wings is movable between an unactuated position and an
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`actuated position, each wing of the pair of wings being oriented at an angle relative to
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`each other in the unactuated position, each wing of the pair of wings being aligned
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`relative to each other in the actuated position (Figures 7-8).
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`Regarding claim 9, Jhuang further discloses the pair of wings is parallel to the
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`base plate in the actuated position (Fig. 8).
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`Regarding claim 11, Jhuang further discloses the pivot axis is movable between
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`an unactuated position relative to the base plate and an actuated position relative to the
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`base plate (Figures 7-8).
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`Regarding claim 13, Jhuang further discloses one of the pair of wings comprises
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`a first arm and a second arm, the first arm having an edge that moves through a circular
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`

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`Application/Control Number: 16/140,300
`Art Unit: 2833
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`Page 5
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`arc when the pair of wings moves between the unactuated position and the actuated
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`position and the second arm having an edge that moves linearly when the pair of wings
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`moves between the unactuated position and the actuated position (Figures 7-8).
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`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.
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`Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view
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`of Nakajima (US 2014/0375141).
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`Regarding claim 2, Lee teaches most of the claim limitations except for the pair
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`of hinges being living hinges.
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`Nakajima teaches a key switch which has living hinges (Fig. 4).
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`It would have been obvious to one having ordinary skill in the art before the
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`effective filing date of the claimed invention to have modified Lee’s device to incorporate
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`the teachings of Nakajima to utilize a different scissors mechanism in the assembly in
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`order to achieve the desired stroke height for the keyboard.
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`

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`Application/Control Number: 16/140,300
`Art Unit: 2833
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`Page 6
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`Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jhuang.
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`Regarding claim 10, Jhuang discloses most of the claim limitations except for the
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`pair of wings having a thickness equal to a distance between a keycap of the set of
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`keycaps and the base plate when the pair of wings is in the actuated position.
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`Since the particular parameter of the thickness for the pair of wings affects the
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`stroke distance of the switch, it is the matter of optimization of a result effective variable.
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`Therefore, it would have been obvious to one having ordinary skill in the art before the
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`effective filing date of the claimed invention to use the particular parameter of the
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`thickness for the pair of wings in order to achieve the desired stroke height for actuating
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`the switch, since it has been held that discovering an optimum value of a result effective
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`variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215
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`(CCPA 1980) (MPEP 2144.05 (II-B)).
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`Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Jhuang in
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`view of Nakajima.
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`Regarding claim 12, Lee teaches most of the claim limitations except for the pair
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`of hinges being living hinges.
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`Nakajima teaches a key switch which has living hinges (Fig. 4).
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`It would have been obvious to one having ordinary skill in the art before the
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`effective filing date of the claimed invention to have modified Lee’s device to incorporate
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`the teachings of Nakajima to utilize a different scissors mechanism in the assembly in
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`order to achieve the desired stroke height for the keyboard.
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`

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`Application/Control Number: 16/140,300
`Art Unit: 2833
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`Page 7
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`Claims 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lan
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`(US 2013/0334021) in view of Nakatani et al. (US 2015/0179358) hereafter “Nakatani”.
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`Regarding claim 14, Lan discloses an electronic device, comprising:
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`a base plate (2), the base plate having a set of openings (22);
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`a set of keycaps (7) positioned above the base plate (Fig. 3);
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`a set of mechanical supports (6) positioned between the base plate and the set
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`of keycaps (Fig. 4), each mechanical support of the set of mechanical supports
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`including:
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`a pair of wings (61 and 62) joined by a hinge, the pair of wings being pivotable
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`relative to each other about a pivot axis extending through the hinge (Figures 8-9);
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`wherein the pair of wings is movable between an unactuated position and an
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`actuated position, the hinge being positioned in an opening of the set of openings when
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`the pair of wings is in the unactuated position (Figures 8-9).
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`However Lan fails to disclose a housing for the electronic device in which the
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`base plate is placed in the housing.
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`Nakatani teaches a keyboard for an electronic device (Figures 1-2) wherein the
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`electronic device has a housing (the housing of laptop, Fig. 1) and the base plate (41) is
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`placed in the housing (Figures 1-2).
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`It would have been obvious to one having ordinary skill in the art before the
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`effective filing date of the claimed invention to have modified Lan’s to incorporate the
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`teachings of Nakatani to utilize the keyboard in an electronic device which includes a
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`housing in order to provide a reliable support for the keyboard assembly.
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`

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`Application/Control Number: 16/140,300
`Art Unit: 2833
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`Page 8
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`Regarding claim 15, Lan further discloses the hinge is positioned out of
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`the opening of the set of openings when the pair of wings is in the actuated position
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`(Fig. 9).
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`Regarding claim 16, the combination of Lan and Nakatani further teaches a
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`keycap of the set of keycaps includes a top surface and the housing includes a top
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`surface, the top surfaces of the keycap and the housing being aligned when the pair of
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`wings is in the actuated position and being unaligned when the pair of wings is in the
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`unactuated position (Figures 5-7 of Nakatani).
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`Regarding claim 17, Lan further discloses the set of keycaps is configured to
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`at least partially extend into the set of openings when actuated (Fig. 9).
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`Regarding claim 18, Lan further discloses the pair of wings comprises at least
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`one recess facing the base plate (Fig. 10).
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`Regarding claim 19, Lan further discloses the at least one recess is aligned with
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`an opening of the set of openings (Figures 7 and 10).
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`Regarding claim 20, Lan further discloses a set of switches (the connection
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`points on the film circuit board 4) actuatable by movement of the set of keycaps relative
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`to the baseplate.
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`

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`Application/Control Number: 16/140,300
`Art Unit: 2833
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`Page 9
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to IMAN MALAKOOTI whose telephone number is
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`(571)270-0496. The examiner can normally be reached on MON-FRI: 8AM-5PM EST.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Renee Luebke can be reached at (571) 272-2009.
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`The fax phone number for the organization where this application or proceeding
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`is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`

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`Application/Control Number: 16/140,300
`Art Unit: 2833
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`Page 10
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1000.
`
`/IMAN MALAKOOTI/
`
`Examiner, Art Unit 2833
`
`/EDW|N A. LEON/
`
`Primary Examiner, Art Unit 2833
`
`