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 .
This action is in response to the preliminary amendment filed on 1/3/2024. Claims 21-40 are pending and have been considered below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21-26, 36-40 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 21 recites
“a first input sensor configured to produce a first signal in response to the input; and a second input sensor configured to produce a second signal in response to the input; and a processing device operably connected to the first input sensor and the second input sensor, the processing device configured to: analyze the first and second signals to determine an input type’ (independent claim 36 recites similar language).
However, the specification and the figures does not describe the above claimed limitation(s) “analyze the first and second signals to determine an input type” and examiner is unable to find support for the claimed subject matter. Disclosure at most describe in figures, input devices 106,108 in figure 1 and figs 2-7; haptic engine fig 2; magnet and coils assembly in figs 3-8, Sensor 1006 in fig 10.
Specification describes input sensor and input action in [para 25,26,34], and sensor types in [para 48], sensor and magnet assembly to receive input and produce output in [para 64], different type of input sensors in [para 65,67], one or more sensors in [para 91,94].
The specification described one or more sensors in general, a haptic actuator [claimed separately], magnet and coil [claimed separately], thus are not claimed as any sensor.
Therefore, the specification fails to comply with the written description requirement and does not support the claimed subject matter:
(a first input sensor configured to produce a first signal in response to the input; and a second input sensor configured to produce a second signal in response to the input; and a processing device operably connected to the first input sensor and the second input sensor, the processing device configured to: analyze the first and second signals to determine an input type).
Independent claims 21, 36 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 22-26, and 37-40 are rejected for their direct/indirect dependencies.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21,36,37 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 21,28+29, 30 of copending Application No. 19/021,653 (reference application) respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claims are generic to all that is recited in the claims of the copending Application No. 19/021,653. That is, claim 21 is anticipated by claim 21 of the copending Application 19/021,653, and claim 36 is anticipated by claims 28+29 of the copending Application 19/021,653.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Co-pending Application 19/021,653 claims
Present Application claims
21. An electronic device comprising: a housing; an input device positioned at least partially within the housing and configured to receive touch input, the input device comprising:
a touch sensor configured to produce a first signal in response to the touch input; and a force sensor configured to produce a second signal in response to the touch input; and
a processing device operably connected to the touch sensor and the force sensor, the processing device configured to: analyze the first and second signals to determine an input type;
cause the electronic device to perform a first function in response to determining that the input type is a first input type; and cause the electronic device to perform a second function in response to determining that the input type is a second input type.
28. An electronic device comprising: a housing; a touch-sensitive display at least partially enclosed by the housing; an input device positioned at least partially within the housing and configured to receive an input, the input device comprising:
a touch sensor configured to detect the input and produce a first signal in response to the input; a force sensor configured to detect a force associated with the input and produce a second signal in response to the input; and a tactile sensor configured to produce a third signal in response to the input ;and a processing device operably connected to the touch sensor and the force sensor and, in response to: analyze the first, second and third signals to determine an input type; cause the electronic device to perform a first function in response to determining that the input type is a first input type; and cause the electronic device to perform a second function in response to determining that the input type is a second input type.
29. The electronic device of claim 28, further comprising a haptic engine coupled to the input device, wherein in response to detecting the input the processing device is configured to cause the haptic engine to produce a haptic output.
30. The electronic device of claim 29, wherein: the haptic engine comprises a magnet and a coil; and the processing device is configured to cause movement between the magnet and the coil to produce the haptic output.
21. An electronic device comprising: a housing; an input device positioned at least partially within the housing and configured to receive an input, the input device comprising:
a first input sensor configured to produce a first signal in response to the input; and
a second input sensor configured to produce a second signal in response to the input; and
a processing device operably connected to the first input sensor and the second input sensor, the processing device configured to: analyze the first and second signals to determine an input type; cause the electronic device to perform a first function in response to determining that the input type is a first input type; and cause the electronic device to perform a second function in response to determining that the input type is a second input type.
36. A wearable electronic device comprising: a housing; a display at least partially enclosed by the housing;
an input device positioned at least partially within the housing and configured to receive an input, the input device comprising:
a first input sensor configured to produce a first signal in response to the input; and a second input sensor configured to produce a second signal in response to the input;
a haptic engine configured to produce a haptic output at the housing; and a processing device operably connected to the first input sensor and the second input sensor, the processing device configured to:
analyze the first and second signals to determine an input type; cause the haptic engine to produce a first haptic output in response to determining that the input type is a first input type; and cause the haptic engine to produce a second haptic output in response to determining that the input type is a second input type.
37. The wearable electronic device of claim 36, wherein the haptic engine is positioned within the housing; and the haptic engine comprises a magnet and a coil.
Allowable Subject Matter
Claims 27-35 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art references including; Devengenzo (US 9,919,424) discloses analog control switch for end effector; Brumback et al. (US 2014/0135631) discloses a biometric monitoring device with heart rate measurement activated by a single user gesture; Yairi (WO 2013/173624) discloses a system and method for controlling dynamic tactile user interface. The prior art references fails to disclose a wearable electronic device comprising a housing; a display at least partially enclosed by the housing; an input device positioned at least partially within the housing and configured to receive an input, the input device comprising: a first sensor configured to detect the input; and a second sensor configured to detect a force associated with the input; a haptic engine coupled to the input device; and a processing device operably connected to the first sensor and the second sensor and, in response to: detecting the input, cause the haptic engine to produce a haptic output; determining that the force satisfies a first threshold, cause the wearable electronic device to perform a first function; and determining that the force satisfies a second threshold, cause the wearable electronic device to perform a second function.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIRDEPAL SINGH whose telephone number is (571)270-1688. The examiner can normally be reached 8:00-5:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah S Wang can be reached on (571) 272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIRDEPAL SINGH/Primary Examiner, Art Unit 2631