CTFR 18/635,150 CTFR 79505 DETAILED ACTION This communication is responsive to Amendment, filed 04/27/2026. Claims 16-24 and 27-28 are pending in this application. In the Amendment, claims 25-26 have been cancelled, and claims 1, 17, 27 and 28 have been amended. This action is made Final. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 16-23 and 27-28 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim s 1-13 of U.S. Patent No. 11,983,385 and Matsumoto et al. (“Matsumoto”, Pub. No. US 2012/0299862). Instant application U.S. Patent No. 11,983,385 Claim 1 An information processing apparatus capable of receiving a touch operation and a touchless operation comprising: one or more memories that store instructions; and one or more processors configured to execute the instructions stored in the one or more memories to: -receive a user operation performed on the information processing apparatus for selecting either a touch mode in which a touch operation is enabled and a touchless operation is disabled, or a touchless mode in which a touch operation is disabled and a touchless operation is enabled; -operate the information processing apparatus in the touch mode in which the touch operation, which is a user operation performed on the information processing apparatus, is enabled based on a user operation performed on the information processing apparatus being the touch operation; and operate the information processing apparatus in the touchless mode in which the touchless operation, which is a user operation performed on the information processing apparatus, is enabled based on a user operation performed on the information processing apparatus being the touchless operation, wherein a user operation performed on the information processing apparatus is an operation performed on a content screen for selecting either the touch mode or the touchless mode, the content screen being displayed on a display unit of the information processing apparatus, and - wherein a content displayed on the content screen includes a touchless content that receives only the touchless operation, and wherein the information processing apparatus is caused to operate in a touchless mode, based on a user operation performed on the touchless content being the touchless operation. Claims 1, and 3 An information processing apparatus capable of receiving a touch operation and a touchless operation comprising: one or more memories that store instructions; and one or more processors configured to execute the instructions stored in the one or more memories to; -cause a display unit of the information processing apparatus to display a content screen including a display content for selecting either a touch mode in which a touch operation is enabled and a touchless operation is disabled, or a touchless mode in which a touch operation is disabled and a touchless operation is enabled; -operate the information processing apparatus in the touch mode in which the touch operation, which is a user operation performed on the display content, is enabled based on a user operation performed on a display content in the content screen being the touch operation; and operate the information processing apparatus in the touchless mode in which the touchless operation, which is a user operation performed on the display content, is enabled based on a user operation performed on a display content in the content screen being the touchless operation. -wherein a content displayed on the content screen is a touchless content that receives only a touchless operation, and wherein, in a case in which the user operation performed on the touchless content is a touch operation, the touchless content is not selected, and wherein, in a case in which the user operation performed on the touchless content is a touchless operation, the touchless content is selected, whereby the information processing apparatus operates in the touchless mode . Although the conflicting claims are not identical, they are not patentably distinct from each other because Claims 1-13 of U.S. Patent No. 11,983,385 contains every element of claims 16-23 and 27-28 of the instant application except for the obvious limitations of “a touch content that receives only a touch operation, and wherein the information processing apparatus is caused to operate in a touch mode, based on a user operation performed on the touch content being the touch operation.” However, Matsumoto teaches a touch content that receives only a touch operation, and wherein the information processing apparatus is caused to operate in a touch mode, based on a user operation performed on the touch content being the touch operation (Fig. 1, switch button 131, [0010] which show a device can operate either in a first input mode using touchless input, or in a second input mode using touch input. The user can switch from the first to the second mode using a switch button. Fig. 11 and [0109]-[0130], which show the user can switch to the second input mode, i.e. touch mode, by pressing switch button 131. In the second mode only touch gestures are recognized (i.e. touch operation is enabled and touchless operation is not selected (disabled)) (see, fig. 11, S5-S6)). [0116] … judging that coordinate values have been received (Step S5: YES), the coordinate notification subunit 172 transmits the received coordinate values to the processing unit 180 (Step S6). [0117] …Upon receiving the coordinate values, the processing unit 180 judges which range of one of buttons included in a screen being displayed on the display 111 the received coordinate values fall within. The processing unit 180 performs processing allocated to the range of the button within which the coordinate values fall. ) Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include the teachings of Matsumoto to provide a content displayed on the content screen for touch operation, because doing so would improve operability for interaction with a content in a touch mode . Claims 24 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,983,385, Matsumoto et al. (“Matsumoto”, Pub. No. US 2012/0299862), and Hirai (Pub. No. US 2014/0168130 ) . Although the conflicting claims are not identical, claim 1 of U.S. Patent No. 11,983,385 contains every element of claim 24 of the instant application except for the obvious variation of “wherein, in a case where the information processing apparatus is started, and in a case where the information processing apparatus is set to operate in the touch mode, the information processing apparatus is caused to operate in the touch mode, wherein in a case where the information processing apparatus is started and, in a case where the information processing apparatus is set to operate in the touchless mode, the information processing apparatus is caused to operate in the touchless mode; and wherein in a case where the information processing apparatus is started and, in a case where the information processing apparatus is not set to operate in either the touch mode or the touchless mode, a user operation performed on the information processing apparatus for selecting either the touch mode or the touchless mode is received.” However, the obvious variations are being taught by Matsumoto and Hirai. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add the teachings of Matsumoto and Hirai to enable reception of both touch and touchless operation, because doing so would provide an intuitive and intelligible touchless operation while ensuring the intelligibility of a touch display operation, thereby reducing the number of operation steps and the operation time Allowable Subject Matter The following claims are allowable when the double patenting rejection is overcome. 12-151-07 AIA 07-97 12-51-07 Claim s 16-24 and 27-28 are allowed. 13-03 AIA The following is an examiner’s statement of reasons for allowance: Claims are allowable over the prior art of record. Specifically, the prior art of record: Matsumoto et al. (“Matsumoto”, Pub. No. US 2012/0299862) teaches receive a user operation performed on the information processing apparatus for selecting either a touch mode in which a touch operation is enabled and a touchless operation is disabled, (Fig. 1, switch button 131, [0010] which show a device can operate either in a first input mode using touchless input, or in a second input mode using touch input. The user can switch from the first to the second mode using a switch button. Fig. 11 and [0109]-[0130], which show the user can switch to the second input mode, i.e. touch mode, by pressing switch button 131. In the second mode only touch gestures are recognized (i.e. touch operation is enabled and touchless operation is not selected (disabled)) (see, fig. 11, S5-S6)) or a touchless mode in which a touch operation is disabled and a touchless operation is enabled (Fig. 1, switch button 131, [0010], which show a device can operate either in a first input mode using touchless input, or in a second input mode using touch input. The user can switch from the first to the second mode using a switch button . fig. 2 and [0044] which show in the first, i.e. touchless, input mode, hand gestures are recognized. Fig. 11 and [0109]-[0130] which show the device starts by default in the first input mode, i.e. touchless mode, in which only hand gestures are recognized (i.e. touchless operation is enabled and touch operation is not selected (disabled)) (Fig. 11, S7-S11)) ; operate the information processing apparatus in the touch mode in which the touch operation, which is a user operation performed on the information processing apparatus, is enabled based on a user operation performed on the information processing apparatus being the switch operation (Fig. 11 and [0109]-[0130], The user can switch to the second input mode, i.e. touch mode, by pressing switch button 131. In the second mode only touch gestures are recognized (fig. 11, S5-S6) ; and operate the information processing apparatus in the touchless mode in which the touchless operation, which is a user operation performed on the information processing apparatus, is enabled based on a user operation performed on the information processing apparatus being the touchless operation (fig. 2 and [0044] which show in the first, i.e. touchless, input mode, hand gestures are recognized. Fig. 11 and [0109]-[0130] which show the device starts by default in the first input mode, i.e. touchless mode, in which only hand gestures are recognized (Fig. 11, S7-S11). In addition, while the user makes only hand gestures, the device remains in touchless mode.) Takatoh (Pub. No. US 2021/0112168) teaches the touch operation is enable based on a user operation performed on the information processing apparatus being the touch operation ( a multi-function printer has a touch screen displaying software keys, messages, and the like for receiving various settings, printing instruction, and the like from a user (FIG. 1 and [0025[, [0033]-[0034],[0058] and [0066]) and also accepts touchless gestures (FIG. 4-5 and [0052]). The user can operate the touch panel initially (FIG. 1 and [0049]-[0050]). Detection of gesture (gesture recognition) is started when a start condition is satisfied, and is terminated when a termination condition is satisfied. Before starting detection of gesture and after terminating detection of gesture (during suspension of gesture recognition), the gesture is not detected (FIG. 7 and [0060]-[0061], [0091]-[0092]). However, the prior art of record does not teach nor would it be obvious to one ordinary skill in the art to combine to teach the limitation of “operate the information processing apparatus in the touch mode in which the touch operation, which is a user operation performed on the information processing apparatus, is enabled based on a user operation performed on the information processing apparatus being the touch operation; and operate the information processing apparatus in the touchless mode in which the touchless operation, which is a user operation performed on the information processing apparatus, is enabled based on a user operation performed on the information processing apparatus being the touchless operation, wherein a user operation performed on the information processing apparatus is an operation performed on a content screen for selecting either the touch mode or the touchless mode, the content screen being displayed on a display unit of the information processing apparatus, and wherein a content displayed on the content screen includes a touch content that receives only a touch operation and a touchless content that receives only the touchless operation, and wherein the information processing apparatus is caused to operate in a touch mode, based on a user operation performed on the touch content being the touch operation, and wherein the information processing apparatus is caused to operate in a touchless mode, based on a user operation performed on the touchless content being the touchless operation” in combination with the other claimed features. Also, the applicant's reply makes evident the reason for allowance, satisfying the record as a whole as required by rule 37 CFR 1.104 (e). Thus, the reason for allowance is in all probability evident from the record and no statement for examiner's reason for allowance is necessary (see MPEP 1302.14) . Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Response to Arguments Applicants’ arguments in the Amendment have been fully considered and fount to be persuasive. Accordingly, the claims are allowed over the prior art of record as indicated above. Conclusion 07-39 AIA 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. Inquiries Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH T VU whose telephone number is (571)272-4073. The examiner can normally be reached M-F: 7AM - 3:30PM. 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, Fred Ehichioya can be reached at (571) 272-4034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THANH T VU/Primary Examiner, Art Unit 2179 Application/Control Number: 18/635,150 Page 2 Art Unit: 2179 Application/Control Number: 18/635,150 Page 3 Art Unit: 2179 Application/Control Number: 18/635,150 Page 4 Art Unit: 2179 Application/Control Number: 18/635,150 Page 5 Art Unit: 2179 Application/Control Number: 18/635,150 Page 6 Art Unit: 2179 Application/Control Number: 18/635,150 Page 7 Art Unit: 2179 Application/Control Number: 18/635,150 Page 8 Art Unit: 2179 Application/Control Number: 18/635,150 Page 9 Art Unit: 2179 Application/Control Number: 18/635,150 Page 10 Art Unit: 2179 Application/Control Number: 18/635,150 Page 11 Art Unit: 2179 Application/Control Number: 18/635,150 Page 12 Art Unit: 2179 Application/Control Number: 18/635,150 Page 13 Art Unit: 2179 Application/Control Number: 18/635,150 Page 14 Art Unit: 2179 Application/Control Number: 18/635,150 Page 15 Art Unit: 2179 Application/Control Number: 18/635,150 Page 16 Art Unit: 2179
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