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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/3/26 has been entered.
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) 1-3, 6-10 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Wyk (US 20210252388) in view of Gary (US 20210346795)
In claims 6 and 1, Van Wyk discloses
An information handling system configured to execute a software application, the information handling system including one or more processors, (paragraph 62) wherein at least one of the processors is in electrical communication with an electronic display and (paragraph 62, figure 1 #126)
A controller comprising:
A body (paragraph 56, figure 1 #102)
A plurality of buttons coupled to the body and (figure 1 #120(1-4))
A directional pad coupled to the body and comprising (figure 8A-8C, paragraph 68, this is described as a “D-pad”, the D stands for “directional”)
An upper surface (figure 8A #810 paragraph 68 “top cover”)
A touch sensor that is configured to measure a position at which an electrically conductive object touches the upper surface on the directional pad (Figure 8A #808 “touch sensor”, it is noted by examiner that “an electrically conductive object” may be a user’s finger, as described in instant application paragraph 4)
A force sensor that is configured to measure a force exerted on the upper surface of the directional pad (figure 8B 8C paragraph 68 “FSRs for determining an amount of force associated with the presses or touches received” #806)
Wherein the controller is configured to send a signal to the information handling system that indicates: The position at which the electrically conductive object touches the upper surface of the directional pad and (paragraph 57)
The force exerted on the upper surface of the directional pad and (paragraph 61)
The information handling system is configured to cause one or more touch based actions in the software application based on the position at which the electrically conductive object touches the upper surface of the directional pad and (paragraph 72, 126, 127, the actions are for example, cursor movement)
One or more force based actions in the software application based on the force that is exerted on the upper surface of the directional pad wherein the force based actions are different than the touch based actions (paragraph 72, 38, the force based actions may be, for example, crushing a rock)
a linear resonant actuator that is configured to vibrate the upper surface of the directional pad in a direction that is substantially parallel with a vertical axis that extends through the upper surface of the directional pad (paragraph 62)
the body of the controller has a main portion disposed between first and second gripping portions, each of the gripping portions projecting rearwardly away from the main portion (figure 6 #602 and 604. Although these numbers are for the buttons, the entirety of the portion projecting rearwardly would be the gripping portion)
the directional pad is disposed closer to the first griping portion than to the second gripping portion and closer to a front of the body than a rearmost point of the first gripping portion (figure 5 #508 or 506),
the buttons include four buttons that are each disposed closer to the second gripping portion than to the first gripping portion and closer to the front of the body than a rearmost point of the second gripping portion (figure 5 #516) and
the controller comprises two thumbsticks wherein each of the thumbsticks is pivotably coupled to the main portion of the body, (figure 1)
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Van Wyk fails to disclose that the thumbsticks are disposed closer to the rear of the main portion of the body than to the front of the body, and is disposed closer to the rear of the main portion of the body than is the directional pad, however Gary discloses the thumbsticks are disposed closer to the rear of the main portion of the body than to the front of the body, and is disposed closer to the rear of the main portion of the body than is the directional pad (fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Van Wyk with Gary in order to provide a button configuration that is comfortable for their users
In claims 2 and 9, Van Wyk discloses a piezoelectric force sensor (paragraph 62)
In claims 3 and 10, Van Wyk discloses a capacitive touch sensor (paragraph 61)
In claim 7, Van Wyk discloses a first force based action that is caused when a first force is exerted on the upper surface of the directional pad and a second force based action that is different from the first force based action and is caused when a second force that is less than the first force is exerted on the upper surface of the directional pad (paragraph 72 the touch, selection, and or force data are interpreted together and associated with predefined commands, this would mean that the amount of force applied would apply to different predefined commands, including one that is less than the other)
In claim 8, Van Wyk discloses the software application is a gaming application (paragraph 72)
In claim 21, Van Wyk discloses one or more triggers coupled to a front facing surface of the front of the body (fig. 6 #602, 604)
Response to Arguments
Applicant's arguments filed 5/18/26 have been fully considered but they are not persuasive.
Applicant argues that Van Wyk’s teaching of the linear resonant actuator is in a different embodiment, however as previously stated, this is not the case. Figure 3 teaches a haptic actuator which is disposed underneath the touch sensor 304 (paragraph 54). Figure 8A-C’s directional pad disclose touch sensor 808. Further see paragraph 145 which states that the haptic response may occur at any location. Applicant appears to believe that figure 3A occurs within a vacuum, however figures 3A and 3B are disclosing the features of the trackpads of the various embodiments, as specifically stated in paragraph 51 “the control may resemble, represent, and/or be used for, the trackpads disclosed herein (e.g., the quadrilateral shaped trackpads 108 and 118 of the controller 100)”. Paragraph 65 then goes on to describe #508 as “a left trackpad 508”.
Applicants arguments related to the front and back of the device as well as amendments including newly added claim 21 are persuasive, and as such a newly added limitation has been added to the rejection as set forth above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS HAYNES HENRY whose telephone number is (571)270-3905. The examiner can normally be reached M-F 10-6.
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/THOMAS H HENRY/ Primary Examiner, Art Unit 3715
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