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 § 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.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Wyk (US 20210252388).
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)
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 12, Van Wyk discloses 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 amin portion of the body, is disposed closer to the rear of the man 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 (figure 1)
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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 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 arguers that Van Wyk’s thumbsticks are not disposed closer to the rear than the front or the D pad however examiner’s interpretation of the rear shows that the thumbsticks are closer to the rear than the front or the D pad. See image provided above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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, Peter Vasat can be reached at 571-270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS H HENRY/ Primary Examiner, Art Unit 3715
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