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 .
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.
Claims 1 – 5, 8 – 12, 15 – 19, and 21 – 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peretz et al. (U.S. PG Pub 2018/0284910).
Regarding Claim 1, Peretz et al. teach a system comprising:
a first sensor (Figure 2, Element 220. Paragraph 19) configured to detect a first user action (Figure 2, Element not shown but is the tip 220 pressed into the surface. Paragraph 19);
a second sensor (Figure 2, Element 222. Paragraph 19) configured to detect a second user action (Figure 2, Element not shown but is the eraser 222 pressed into the surface. Paragraph 19);
a single controller (Figure 2, Element 212. Paragraph 22) comprising an application specific integrated circuit (ASIC) (Paragraph 8) common to a first illuminator (Figure 2, Element 236. Paragraph 21) and a second illuminator (Figure 2, Element 238. Paragraph 21), the controller (Figure 2, Element 212. Paragraph 22) configured to receive a first trigger signal (Figure 2, Element 224. Paragraph 19) from the first sensor (Figure 2, Element 220. Paragraph 19) in response to the first user action (Figure 2, Element not shown but is the tip 220 pressed into the surface. Paragraph 19) and a second trigger signal (Figure 2, Element 226. Paragraph 19) from the second sensor (Figure 2, Element 222. Paragraph 19) in response to the second user action (Figure 2, Element not shown but is the eraser 222 pressed into the surface. Paragraph 19), wherein the first trigger signal (Figure 2, Element 224. Paragraph 19) indicates that a first characteristic of light (Paragraph 24) is to be emitted by the first illuminator (Figure 2, Element 236. Paragraph 21) and the second trigger signal (Figure 2, Element 226. Paragraph 19) indicates that a second characteristic of light (Paragraph 24), different from the first characteristic of light (Paragraph 24), is to be emitted by the second illuminator (Figure 2, Element 238. Paragraph 21),
wherein the controller (Figure 2, Element 212. Paragraph 22) includes at least a first pulse generator (Figure 3, Element 314. Paragraph 39) and a second pulse generator (Figure 3, Element 316. Paragraph 40) that stores data specifying a characteristic including at least one of amplitude (Paragraphs 39 - 40), pulse width (Paragraph 72), or frequency (Paragraph 72) of a respective first pulse signal (Paragraph 22. Peretz et al. discloses that LED 236 can be activated by a flashing signal.) and second pulse signal (Paragraph 22. Peretz et al. discloses that LED 238 can be activated by a flashing signal.) and corresponding to (Paragraph 22. Peretz et al. disclose “The first and second LEDs 236 and 238 may be selectively activated by the MCU 212 to indicate various operating states or conditions of the active stylus 200 (Emphasis Added).” The pressing of buttons is understood to be an operating status by a person of ordinary skill in the art.) the respective first user action (Figure 2, Element not shown but is the tip 220 pressed into the surface. Paragraph 19) and the second user action (Figure 2, Element not shown but is the eraser 222 pressed into the surface. Paragraph 19), wherein the controller (Figure 2, Element 212. Paragraph 22) is configured to output the first pulse signal (Paragraph 22. Peretz et al. discloses that LED 236 can be activated by a flashing signal.) in response to the first trigger signal (Figure 2, Element 224. Paragraph 19) and to output the second pulse signal (Paragraph 22. Peretz et al. discloses that LED 238 can be activated by a flashing signal.) in response to the second trigger signal (Figure 2, Element 226. Paragraph 19);
wherein the first illuminator (Figure 2, Element 236. Paragraph 21) and the second illuminator (Figure 2, Element 238. Paragraph 21) are configured to receive the first pulse signal (Paragraph 22. Peretz et al. discloses that LED 236 can be activated by a flashing signal.) and the second pulse signal (Paragraph 22. Peretz et al. discloses that LED 238 can be activated by a flashing signal.) from the controller (Figure 2, Element 212. Paragraph 22)
wherein the first pulse signal (Paragraph 22. Peretz et al. discloses that LED 236 can be activated by a flashing signal.) and the second pulse signal (Paragraph 22. Peretz et al. discloses that LED 238 can be activated by a flashing signal.) are different from each other by at least one of the amplitude (Paragraphs 39 - 40), frequency (Paragraph 72), or pulse width (Paragraph 72), in order to control, in response to the respective trigger signals, the first characteristic of light (Paragraph 24) and the second characteristic of light (Paragraph 24) emitted from the respective first illuminator (Figure 2, Element 236. Paragraph 21) and the second illuminator (Figure 2, Element 238. Paragraph 21).
Regarding Claim 2, Peretz et al. teach the system of claim 1 (See Above), wherein in response to the respective first pulse signal (Paragraph 22. Peretz et al. discloses that LED 236 can be activated by a flashing signal.) and second pulse signal (Paragraph 22. Peretz et al. discloses that LED 238 can be activated by a flashing signal.) the first illuminator (Figure 2, Element 236. Paragraph 21) operates in a first modality (Paragraphs 22 - 24) and the second illuminator (Figure 2, Element 238. Paragraph 21) operates in a second modality (Paragraphs 22 - 24) different than the first modality (Paragraphs 22 - 24), wherein the first modality (Paragraphs 22 - 24) and the second modality (Paragraphs 22 - 24) each represent a different type of data to be collected by the system.
Regarding Claim 3, Peretz et al. teach the system of claim 2 (See Above), wherein the first modality (Paragraphs 22 - 24) and the second modality (Paragraphs 22 - 24) are selected from a group consisting of: depth sensing, eye tracking, face tracking, hand tracking (Seen in Figure 1), and any combination thereof.
Regarding Claim 4, Peretz et al. teach the system of claim 1 (See Above), wherein the first trigger signal (Figure 2, Element 224. Paragraph 19) is received at a different time (Paragraph 56) than the second trigger signal (Figure 2, Element 226. Paragraph 19).
Regarding Claim 5, Peretz et al. teach the system of claim 1 (See Above), wherein the first trigger signal (Figure 2, Element 224. Paragraph 19) is received at a different frequency (Paragraph 72) than the second trigger signal (Figure 2, Element 226. Paragraph 19).
Regarding Claim 8, Peretz et al. teach the system of claim 1 (See Above), wherein the first pulse generator (Figure 3, Element 314. Paragraph 39) is configured to receive the first trigger signal (Figure 2, Element 224. Paragraph 19) and to generate the first pulse signal (Paragraph 22. Peretz et al. discloses that LED 236 can be activated by a flashing signal.) based on the first trigger signal (Figure 2, Element 224. Paragraph 19) and
the second pulse generator (Figure 3, Element 316. Paragraph 40) is configured to receive the second trigger signal (Figure 2, Element 226. Paragraph 19) and to generate the second pulse signal (Paragraph 22. Peretz et al. discloses that LED 238 can be activated by a flashing signal.) based on the second trigger signal (Figure 2, Element 226. Paragraph 19); and the controller (Figure 2, Element 212. Paragraph 22) further comprises a selector (Figure 3, Elements 318 and 320. Paragraphs 41 - 42) coupled to the first pulse generator (Figure 3, Element 314. Paragraph 39), to the second pulse generator (Figure 3, Element 316. Paragraph 40), and to a plurality of output channels (Figure 3, Elements not labeled, but are the lines connecting 318 and 320 to the first node (Element 308). Paragraphs 41 - 42), the selector (Figure 3, Elements 318 and 320. Paragraphs 41 - 42) configured to couple (Seen in Figure 3) an output channel of the plurality of output channels (Figure 3, Elements not labeled, but are the lines connecting 318 and 320 to the first node (Element 308). Paragraphs 41 - 42) to either the first pulse generator (Figure 3, Element 314. Paragraph 39) or to the second pulse generator (Figure 3, Element 316. Paragraph 40).
Regarding Claim 9, Peretz et al. teach the system of claim 8 (See Above), wherein a set (Figure 3, Elements not labeled, but are the lines connecting 318 to the first node (Element 308). Paragraphs 41 - 42) of the plurality of output channels (Figure 3, Elements not labeled, but are the lines connecting 318 and 320 to the first node (Element 308). Paragraphs 41 - 42) are each coupled to the first pulse generator (Figure 3, Element 314. Paragraph 39) and an additional set (Figure 3, Elements not labeled, but are the lines connecting 320 to the first node (Element 308). Paragraphs 41 - 42) of the plurality of output channels (Figure 3, Elements not labeled, but are the lines connecting 318 and 320 to the first node (Element 308). Paragraphs 41 - 42) are each coupled to the second pulse generator (Figure 3, Element 316. Paragraph 40), the additional set (Figure 3, Elements not labeled, but are the lines connecting 320 to the first node (Element 308). Paragraphs 41 - 42) not including an output channel from the set (Figure 3, Elements not labeled, but are the lines connecting 318 to the first node (Element 308). Paragraphs 41 - 42).
Regarding Claim 10, Peretz et al. teach an apparatus comprising:
a first pulse generator (Figure 3, Element 314. Paragraph 39) configured to receive a first trigger signal (Figure 2, Element 224. Paragraph 19) in response to a first user action (Figure 2, Element not shown but is the tip 220 pressed into the surface. Paragraph 19) detected by a first sensor (Figure 2, Element 220. Paragraph 19), and to generate a first pulse signal (Paragraph 22. Peretz et al. discloses that LED 236 can be activated by a flashing signal.) in response to the first trigger signal (Figure 2, Element 224. Paragraph 19); and
a second pulse generator (Figure 3, Element 316. Paragraph 40) configured to receive a second trigger signal (Figure 2, Element 226. Paragraph 19) from outside the controller (Figure 2, Element 212. Paragraph 22) and in response to a second user action (Figure 2, Element not shown but is the eraser 222 pressed into the surface. Paragraph 19) detected by a second sensor (Figure 2, Element 222. Paragraph 19) and to generate a second pulse signal (Paragraph 22. Peretz et al. discloses that LED 238 can be activated by a flashing signal.) in response to the second trigger signal (Figure 2, Element 226. Paragraph 19), where the first trigger signal (Figure 2, Element 224. Paragraph 19) indicates that a first characteristic of light (Paragraph 24) is to be emitted by a first illuminator (Figure 2, Element 236. Paragraph 21) and the second trigger signal (Figure 2, Element 226. Paragraph 19) indicates that a second characteristic of light (Paragraph 24), different from the first characteristic of light (Paragraph 24), is to be emitted by a second illuminator (Figure 2, Element 238. Paragraph 21), wherein the first pulse generator (Figure 3, Element 314. Paragraph 39) and the second pulse generator (Figure 3, Element 316. Paragraph 40) store data specifying at least one characteristic of amplitude (Paragraphs 39 - 40), pulse width (Paragraph 72), or frequency (Paragraph 72) for the respective first pulse signal (Paragraph 22. Peretz et al. discloses that LED 236 can be activated by a flashing signal.) and the second pulse signal (Paragraph 22. Peretz et al. discloses that LED 238 can be activated by a flashing signal.) and corresponding to the respective first user action (Figure 2, Element not shown but is the tip 220 pressed into the surface. Paragraph 19) and the second user action (Figure 2, Element not shown but is the eraser 222 pressed into the surface. Paragraph 19), wherein the first pulse signal (Paragraph 22. Peretz et al. discloses that LED 236 can be activated by a flashing signal.) and the second pulse signal (Paragraph 22. Peretz et al. discloses that LED 238 can be activated by a flashing signal.) have at least one corresponding characteristic selected to be different from each other (Paragraphs 39 – 40 and 72) the at least one corresponding characteristic selected to control the first characteristic of light (Paragraph 24) and the second characteristic of light (Paragraph 24) emitted from the respective first illuminator (Figure 2, Element 236. Paragraph 21) and the second illuminator (Figure 2, Element 238. Paragraph 21).
Regarding Claim 11, Peretz et al. teach the apparatus of claim 10 (See Above), wherein the first trigger signal (Figure 2, Element 224. Paragraph 19) is received at a different time (Paragraph 56) than the second trigger signal (Figure 2, Element 226. Paragraph 19).
Regarding Claim 12, Peretz et al. teach the apparatus of claim 10 (See Above), wherein the first trigger signal (Figure 2, Element 224. Paragraph 19) is received at a different frequency (Paragraph 72) than the second trigger signal (Figure 2, Element 226. Paragraph 19).
Regarding Claim 15, Peretz et al. teach the apparatus of claim 10 (See Above), further comprising: a selector (Figure 3, Elements 318 and 320. Paragraphs 41 - 42) coupled to the first pulse generator (Figure 3, Element 314. Paragraph 39), to the second pulse generator (Figure 3, Element 316. Paragraph 40), and to each of a plurality of output channels (Figure 3, Elements not labeled, but are the lines connecting 318 and 320 to the first node (Element 308). Paragraphs 41 - 42), the selector (Figure 3, Elements 318 and 320. Paragraphs 41 - 42) configured to couple an output channel of the plurality of output channels (Figure 3, Elements not labeled, but are the lines connecting 318 and 320 to the first node (Element 308). Paragraphs 41 - 42) to either the first pulse generator (Figure 3, Element 314. Paragraph 39) or to the second pulse generator (Figure 3, Element 316. Paragraph 40).
Regarding Claim 16, Peretz et al. teach the apparatus of claim 15 (See Above), wherein a set (Figure 3, Elements not labeled, but are the lines connecting 318 to the first node (Element 308). Paragraphs 41 - 42) of the plurality of output channels (Figure 3, Elements not labeled, but are the lines connecting 318 and 320 to the first node (Element 308). Paragraphs 41 - 42) are each coupled to the first pulse generator (Figure 3, Element 314. Paragraph 39) and an additional set (Figure 3, Elements not labeled, but are the lines connecting 320 to the first node (Element 308). Paragraphs 41 - 42) of the plurality of output channels (Figure 3, Elements not labeled, but are the lines connecting 318 and 320 to the first node (Element 308). Paragraphs 41 - 42) are each coupled to the second pulse generator (Figure 3, Element 316. Paragraph 40), the additional set (Figure 3, Elements not labeled, but are the lines connecting 320 to the first node (Element 308). Paragraphs 41 - 42) not including an output channel from the set (Figure 3, Elements not labeled, but are the lines connecting 318 to the first node (Element 308). Paragraphs 41 - 42).
Regarding Claim 17, Peretz et al. teach a headset (The examiner notes that the preamble “headset” is not given patentable weight because it merely states the intended use of the invention rather than any distinct definition of any of the claimed invention’s limitations. See MPEP 2111.02, Section II) comprising:
a frame (Figure 2, Elements 204 and 206. Paragraph 16);
one or more display elements (Figure 2, Element 236 and 238. Paragraph 21) coupled to the frame (Figure 2, Elements 204 and 206. Paragraph 16), each display element (Figure 2, Element 236 and 238. Paragraph 21) configured to generate image light for presentation to a user;
a first illuminator (Figure 2, Element 236. Paragraph 21) coupled to the frame (Figure 2, Elements 204 and 206. Paragraph 16) and configured to emit light in response to a first pulse signal (Paragraph 22. Peretz et al. discloses that LED 236 can be activated by a flashing signal.);
a second illuminator (Figure 2, Element 238. Paragraph 21) coupled to the frame (Figure 2, Elements 204 and 206. Paragraph 16) and configured to emit light in response to a second pulse signal (Paragraph 22. Peretz et al. discloses that LED 238 can be activated by a flashing signal.); and
a controller (Figure 2, Element 212. Paragraph 22) comprising an application specific integrated circuit (Paragraph 8) to control both the first illuminator (Figure 2, Element 236. Paragraph 21) and the second illuminator (Figure 2, Element 238. Paragraph 21), the controller (Figure 2, Element 212. Paragraph 22) configured to:
receive from outside the controller (Figure 2, Element 212. Paragraph 22), a first trigger signal (Figure 2, Element 224. Paragraph 19) from a first sensor (Figure 2, Element 220. Paragraph 19) to detect a first user action (Figure 2, Element not shown but is the tip 220 pressed into the surface. Paragraph 19) and a second trigger signal (Figure 2, Element 226. Paragraph 19) from a second sensor (Figure 2, Element 222. Paragraph 19) to detect a second user action (Figure 2, Element not shown but is the eraser 222 pressed into the surface. Paragraph 19), the second trigger signal (Figure 2, Element 226. Paragraph 19) independent from the first trigger signal (Figure 2, Element 224. Paragraph 19);
generate by a first pulse generator (Figure 3, Element 314. Paragraph 39), the first pulse signal (Paragraph 22. Peretz et al. discloses that LED 236 can be activated by a flashing signal.) in response to the first trigger signal (Figure 2, Element 224. Paragraph 19); and
generate by a second pulse generator (Figure 3, Element 316. Paragraph 40), the second pulse signal (Paragraph 22. Peretz et al. discloses that LED 238 can be activated by a flashing signal.) in response to the second trigger signal (Figure 2, Element 226. Paragraph 19), wherein the first trigger signal (Figure 2, Element 224. Paragraph 19) indicates that a first characteristic of light (Paragraph 24) is to be emitted by the first illuminator (Figure 2, Element 236. Paragraph 21) and the second trigger signal (Figure 2, Element 226. Paragraph 19) indicates that a second characteristic of light (Paragraph 24), different from the first characteristic of light (Paragraph 24), is to be emitted by the second illuminator (Figure 2, Element 238. Paragraph 21), wherein the first pulse generator (Figure 3, Element 314. Paragraph 39) and the second pulse generator (Figure 3, Element 316. Paragraph 40) store data specifying by at least one of an amplitude (Paragraphs 39 - 40), frequency (Paragraph 72), pulse count, or pulse width (Paragraph 72) that correspond to the respective first user action (Figure 2, Element not shown but is the tip 220 pressed into the surface. Paragraph 19) and second user action (Figure 2, Element not shown but is the eraser 222 pressed into the surface. Paragraph 19), in order to control the corresponding first characteristic of light (Paragraph 24) and the second characteristic of light (Paragraph 24) emitted from the respective first illuminator (Figure 2, Element 236. Paragraph 21) and the second illuminator (Figure 2, Element 238. Paragraph 21).
Regarding Claim 18, Peretz et al. teach the headset (The examiner notes that the preamble “headset” is not given patentable weight because it merely states the intended use of the invention rather than any distinct definition of any of the claimed invention’s limitations. See MPEP 2111.02, Section II) of claim 17 (See Above), wherein the first illuminator (Figure 2, Element 236. Paragraph 21) operates in a first modality (Paragraphs 22 - 24) and the second illuminator (Figure 2, Element 238. Paragraph 21) operates in a second modality (Paragraphs 22 - 24) different than the first modality (Paragraphs 22 - 24).
Regarding Claim 19, Peretz et al. teach the headset (The examiner notes that the preamble “headset” is not given patentable weight because it merely states the intended use of the invention rather than any distinct definition of any of the claimed invention’s limitations. See MPEP 2111.02, Section II) of claim 18 (See Above), wherein the first modality (Paragraphs 22 - 24) is selected from a group consisting of: depth sensing, eye tracking, face tracking, hand tracking (Seen in Figure 1), and any combination thereof.
Regarding Claim 21, Peretz et al. teach the system of claim 1 (See Above), wherein the first trigger signal (Figure 2, Element 224. Paragraph 19) and the second trigger signal (Figure 2, Element 226. Paragraph 19) are selected from a plurality of trigger signals (Figure 2, Elements 224, 224, and 234. Paragraphs 19 - 20), each corresponding to controlling a particular characteristic of light (Paragraphs 39 – 40 and 72) to be emitted by an illuminator (Figure 2, Elements 236 and 238. Paragraph 21).
Regarding Claim 22, Peretz et al. teach the headset (The examiner notes that the preamble “headset” is not given patentable weight because it merely states the intended use of the invention rather than any distinct definition of any of the claimed invention’s limitations. See MPEP 2111.02, Section II) of claim 17 (See Above), wherein the first trigger signal (Figure 2, Element 224. Paragraph 19) and the second trigger signal (Figure 2, Element 226. Paragraph 19) are selected from a plurality of trigger signals (Figure 2, Elements 224, 224, and 234. Paragraphs 19 - 20), each corresponding to controlling a characteristic of light (Paragraphs 39 – 40 and 72) to be emitted by an illuminator (Figure 2, Elements 236 and 238. Paragraph 21).
Response to Arguments
All arguments are considered moot in light of the new grounds of rejection presented above, necessitated by the applicant’s amendment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Porter et al. (U.S. PG Pub 2014/0184089) discloses a controller and a pulse controller that is used with a driver to drive a plurality of LED’s, similar to the instant invention.
Holzrichter et al. (U.S. PG Pub 2002/0033803) discloses a computer input device that is capable of changing the frequency of a laser pointer based on the input of multiple buttons.
Cho et al. (U.S. PG Pub 2004/0189621) discloses a light pen where the pen is capable of taking in different input in order to drive a series of LED’s based on the user input, similar to the insta invention.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ANDREW B SCHNIREL whose telephone number is (571)270-7690. The examiner can normally be reached Monday - Friday, 10 - 6 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Boddie can be reached at 571-272-0666. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.B.S/Examiner, Art Unit 2625
/WILLIAM BODDIE/Supervisory Patent Examiner, Art Unit 2625