Prosecution Insights
Last updated: July 17, 2026
Application No. 18/657,606

POSITION INDICATOR, POSITION DETECTING DEVICE, AND POSITION DETECTING METHOD

Non-Final OA §102§103
Filed
May 07, 2024
Priority
May 08, 2023 — JP 2023-076869
Examiner
HONG, RICHARD J
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Wacom Co., Ltd.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
482 granted / 614 resolved
+10.5% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
20 currently pending
Career history
640
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
86.7%
+46.7% vs TC avg
§102
7.0%
-33.0% vs TC avg
§112
2.9%
-37.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 614 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-14 are pending. Title The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed: POSITION INDICATOR, POSITION DETECTING DEVICE, AND POSITION DETECTING METHOD UTILIZING A FUNTION OF TEMPORALILY CHAGING RESONANCE FREQUENCY. Claim Objections Claim 11 is objected to because of the following informalities: it recites “a frequency of the alternating magnetic field that is transmitted after the position detecting device sends the switch command is is same or adjacent to the second reference resonance frequency”. Appropriate correction is required. Claim Rejections - 35 USC § 102 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 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al. (US 2020/0336584 A1). As to claim 6, Park discloses a position detecting method performed by a position detecting device (Park, FIG. 3, [0063], “display 203 (for example, the display device 160 of FIG. 1) having a touchscreen”) that acquires information transmitted from a position indicator (Park, FIGS. 4-7, [0073], “first electronic device 201”) equipped with a resonance circuit including a coil (Park, FIGS. 4-7, [0107], “first circuit 610 … may include a resonance circuit (for example, the EMR coil unit 413 of FIG. 2), by detecting an alternating magnetic field transmitted from the position indicator (Park, FIG. 3, [0069], “the second touch panel 330 may detect the induced magnetic field from the loop coil in a signal-receiving state, thereby sensing the hovering position of the first electronic device 201, the touch position, and/or the height from the second electronic device 101 to the first electronic device 201”), the method comprising: switching, by the position indicator (Park, FIGS. 4-7, [0073], “first electronic device 201”), a state of the resonance circuit between a first state (Park, FIGS. 4-7, [0083], “an electromagnetic field signal having a first frequency generated when the button is turned off will be referred to as a first electromagnetic field signal”) and a second state (Park, FIGS. 4-7, [0083], “an electromagnetic field signal having a second frequency generated when the button is turned on will be referred to as a second electromagnetic field signal”), wherein a first reference resonance frequency of the resonance circuit in the first state (Park, FIGS. 4-7, [0107], e.g., “the first resonance frequency (for example, 560 KHz band) may correspond to a drawing operation”) is different from a second reference resonance frequency of the resonance circuit in the second state (Park, FIGS. 4-7, [0107], “the second resonance frequency (for example, 530 KHz) may correspond to a button operation”), and sending, by the position detecting device (Park, FIG. 3, [0063], “display 203 (for example, the display device 160 of FIG. 1) having a touchscreen”), to the position indicator (Park, FIGS. 4-7, [0073], “first electronic device 201”), a switch command to make a transition of the state of the resonance circuit from the first state to the second state (Park, FIG. 5, [0089], “If the second signal is received, the processor 521 may determine that the button input through the first electronic device 201 is an EMR button input and may perform a control operation corresponding to the received second signal in the EMR input type”). As to claim 7, Park discloses the position detecting method according to claim 6, further comprising: after sending the switch command, detecting, by the position detecting device (Park, FIG. 3, [0063], “display 203 (for example, the display device 160 of FIG. 1) having a touchscreen”), the alternating magnetic field transmitted from the position indicator (Park, FIG. 3, [0069], “the second touch panel 330 may detect the induced magnetic field from the loop coil in a signal-receiving state, thereby sensing the hovering position of the first electronic device 201, the touch position, and/or the height from the second electronic device 101 to the first electronic device 201”), in a frequency band that includes the second reference resonance frequency of the resonance circuit in the second state (Park, FIGS. 4-7, [0107], “the second resonance frequency (for example, 530 KHz) may correspond to a button operation”) but does not include the first reference resonance frequency of the resonance circuit in the first state (Park, FIGS. 4-7, [0107], e.g., “the first resonance frequency (for example, 560 KHz band) may correspond to a drawing operation”, i.e., 560 KHz not included). As to claim 8, Park discloses the position detecting method according to claim 6, further comprising: determining, by the position detecting device (Park, FIG. 3, [0063], “display 203 (for example, the display device 160 of FIG. 1) having a touchscreen”), whether or not the position indicator handles the switch command (Park, FIG. 5, [0088], e.g., “if an electromagnetic field signal having a specific frequency is received, the processor 521 may identify the position of the first electronic device 201”), based on the alternating magnetic field that is transmitted from the position indicator (Park, FIG. 3, [0069], “the second touch panel 330 may detect the induced magnetic field from the loop coil in a signal-receiving state, thereby sensing the hovering position of the first electronic device 201, the touch position, and/or the height from the second electronic device 101 to the first electronic device 201”) while the state of the resonance circuit is the first state (Park, FIGS. 4-7, [0107], e.g., “the first resonance frequency (for example, 560 KHz band) may correspond to a drawing operation”), wherein, in response to determining that the position indicator handles the switch command, the position detecting device sends the switch command (Park, FIG. 5, [0089], “If the second signal is received, the processor 521 may determine that the button input through the first electronic device 201 is an EMR button input and may perform a control operation corresponding to the received second signal in the EMR input type”). As to claim 9, Park discloses the position detecting method according to claim 6, wherein the position detecting device (Park, FIG. 3, [0063], “display 203 (for example, the display device 160 of FIG. 1) having a touchscreen”) sends the switch command through an alternating magnetic field having a frequency that is same or adjacent to the first reference resonance frequency of the resonance circuit in the first state (Park, FIG. 6, [0107], “the first resonance frequency (for example, 560 KHz band) may correspond to a drawing operation”), rather than the second reference resonance frequency of the resonance circuit in the second state (Park, FIG. 6, [0107], “the second resonance frequency (for example, 530 KHz) may correspond to a button operation”). As to claim 10, Park discloses the position detecting method according to claim 6, wherein the resonance circuit is in the first state (Park, FIG. 6, [0107], “the first resonance frequency (for example, 560 KHz band) may correspond to a drawing operation”) when the switch command is not being received from the position detecting device (Park, FIGS. 4-7, [0083], “an electromagnetic field signal having a first frequency generated when the button is turned off will be referred to as a first electromagnetic field signal”). As to claim 11, Park discloses the position detecting method according to claim 6, wherein a frequency of the alternating magnetic field that is transmitted after the position detecting device sends the switch command is same or adjacent to the second reference resonance frequency of the resonance circuit in the second state (Park, FIG. 6, [0107], “the second resonance frequency (for example, 530 KHz) may correspond to a button operation”), rather than the first reference resonance frequency of the resonance circuit in the first state (Park, FIG. 6, [0107], “the first resonance frequency (for example, 560 KHz band) may correspond to a drawing operation”). Claim Rejections - 35 USC § 103 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 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 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. Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2020/0336584 A1) in view of Han et al. (US 2021/0286450 A1). As to claim 1, Park teaches a position indicator (Park, FIGS. 4-7, [0073], “first electronic device 201”) comprising: a resonance circuit including a coil (Park, FIGS. 4-7, [0107], “first circuit 610 … may include a resonance circuit (for example, the EMR coil unit 413 of FIG. 2) including a first inductive element (for example, a coil) 611”); and a control circuit (Park, FIGS. 4-7, [0076], “processor 511”) including a memory (Park, FIGS. 4-7, [0076], “memory 517”), wherein the control circuit (Park, FIGS. 4-7, [0076], “processor 511”) further includes a switch (Park, FIGS. 4-7, [0083], “first communication unit 513”) that, in operation, switches a state of the resonance circuit (Park, FIGS. 4-7, [0083], “Upon sensing pressing and/or touching of the button by the user, the first communication unit 513 may change the frequency of the electromagnetic field signal generated by the EMR coil unit (for example, the EMR coil unit 413 of FIG. 4)”) between a first state (Park, FIGS. 4-7, [0083], “an electromagnetic field signal having a first frequency generated when the button is turned off will be referred to as a first electromagnetic field signal”) and a second state (Park, FIGS. 4-7, [0083], “an electromagnetic field signal having a second frequency generated when the button is turned on will be referred to as a second electromagnetic field signal”), wherein a first resonance frequency (Park, FIGS. 4-7, [0107], “the first resonance frequency (for example, 560 KHz band) may correspond to a drawing operation”) of the resonance circuit in the first state (Park, FIGS. 4-7, [0083], “an electromagnetic field signal having a first frequency generated when the button is turned off will be referred to as a first electromagnetic field signal”) is different from a second resonance frequency (Park, FIGS. 4-7, [0107], “the second resonance frequency (for example, 530 KHz) may correspond to a button operation”) of the resonance circuit on the second state (Park, FIGS. 4-7, [0083], “an electromagnetic field signal having a second frequency generated when the button is turned on will be referred to as a second electromagnetic field signal”), and, wherein at a timing when an alternating magnetic field transmitted from a position detecting device (Park, FIG. 3, [0063], “display 203 (for example, the display device 160 of FIG. 1) having a touchscreen”) is received, the control circuit controls the switch to set the resonance circuit to the first state (Park, FIGS. 4-7, [0107], e.g., “the first resonance frequency (for example, 560 KHz band) may correspond to a drawing operation”), and, at a timing when the digital value stored in the memory is transmitted, the control circuit controls the switch in accordance with the digital value to be transmitted (Park, FIGS. 4-7, [0107], “the second resonance frequency (for example, 530 KHz) may correspond to a button operation”). Park does not explicitly teach the memory “that stores a digital value”. However, Han teaches the concept of storing a digital value (Han, FIG. 13, [0157], “the button processing part 2252 converts a button signal provided from the buttons 2250 into a digital signal and provides the digital signal to the pen control part 2260”). At the time of effective filing date, it would have been obvious to one of ordinary skill in the art to modify the button signal taught by Park to be the “digital signal (value)”, as taught by Han, in order to provide “a touch sensing system capable of simultaneously realizing finger touch recognition and pen touch recognition, realizing multi-touch recognition of stylus pens, a touch sensing controller and a stylus pen employed therein” (Han, [0016]). As to claim 2, Park teaches the position indicator according to claim 1, wherein, at a timing when a value of an alternating current flowing through the resonance circuit becomes 0 (Park, FIG. 9A, [0136], “the first electronic device 201 may generate an electromagnetic field signal by means of an induction current in the first circuit 610 which is generated by the received electromagnetic field signal”, i.e., when “first electronic device 201” is too far to “receive the electromagnetic field signal” from “display 203” so that it generates 0 current), the control circuit (Park, FIGS. 4-7, [0076], “processor 511”) controls the switch (Park, FIGS. 4-7, [0083], “first communication unit 513”). As to claim 3, Park teaches a position detecting device (Park, FIG. 3, [0063], “display 203 (for example, the display device 160 of FIG. 1) having a touchscreen”) for detecting a position of (Park, e.g., see FIG. 3) a position indicator (Park, FIGS. 4-7, [0073], “first electronic device 201”), the position detecting device (Park, FIG. 3, [0063], “display 203”) comprising: a loop coil (Park, FIG. 3, [0069], “the second touch panel 330 may, for example, be an EMR-type touch panel, and may include an electromagnetic induction coil sensor (not illustrated) having multiple loop coils”) that, in operation, receives an alternating magnetic field transmitted from the position indicator (Park, FIG. 3, [0069], “the second touch panel 330 may detect the induced magnetic field from the loop coil in a signal-receiving state, thereby sensing the hovering position of the first electronic device 201, the touch position, and/or the height from the second electronic device 101 to the first electronic device 201”); and a sensor controller (Park, FIG. 5, [0089], “the processor 521 receives the second signal from the first electronic device 201 through the first communication unit 523”), based on a frequency of the alternating magnetic field (Park, FIG. 5, [0089], “If the second signal is received, the processor 521 may determine that the button input through the first electronic device 201 is an EMR button input and may perform a control operation corresponding to the received second signal in the EMR input type”). Park does not explicitly teach the sensor controller “that, in operation, decodes a digital value transmitted from the position indicator”. However, Han teaches the concept of decoding a digital value transmitted from the position indicator (Han, FIG. 13, [0157], “the button processing part 2252 converts a button signal provided from the buttons 2250 into a digital signal and provides the digital signal to the pen control part 2260”). Examiner renders the same motivation as in claim 1. As to claim 4, Park in view of Han teaches the position detecting device according to claim 3, wherein the sensor controller (Park, FIG. 5, [0089], “the processor 521 receives the second signal from the first electronic device 201 through the first communication unit 523”), in operation, decodes the digital value transmitted from the position indicator (Han, FIG. 13, [0157], “the button processing part 2252 converts a button signal provided from the buttons 2250 into a digital signal and provides the digital signal to the pen control part 2260”), based on a reception level at each frequency which is obtained by frequency analysis of the alternating magnetic field (Han, FIG. 5, [0091], e.g., “if the third signal is received together with the second signal, the processor 521 may give priority to the second signal and perform a control operation corresponding to the second signal”). Examiner renders the same motivation as in claim 1. As to claim 5, Park teaches the position detecting device according to claim 3, further comprising: a plurality of loop coils (Park, FIG. 3, [0069], “the second touch panel 330 may, for example, be an EMR-type touch panel, and may include an electromagnetic induction coil sensor (not illustrated) having multiple loop coils”), wherein the sensor controller (Park, FIG. 5, [0089], “the processor 521 receives the second signal from the first electronic device 201 through the first communication unit 523”), in operation, derives the position of the position indicator based on reception levels of the alternating magnetic field at respective ones of the loop coils (Park, FIG. 3, [0069], “multiple loop coils arranged in a first direction and in a second direction that intersects with the first direction, respectively, thereby having a grid structure, and an electronic signal processing unit (not illustrated) configured to successively provide AC signals having a predetermined frequency to respective coils of the electromagnetic induction coil sensor”). Allowable Subject Matter Claims 12-14 would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: As to claim 12, the closest known prior art, i.e., Park et al. (US 2020/0336584 A1), Han et al. (US 2021/0286450 A1), Stern (US 2014/0240298 A1) and Matsui (US 2020/0293121 A1), alone or in reasonable combination, fails to teach limitations in consideration of the claims as a whole, specifically with respect to the limitations “a frequency of the alternating magnetic field that is transmitted after the position detecting device sends the switch command is closer to the first reference resonance frequency of the resonance circuit in the first state than the second reference resonance frequency of the resonance circuit in the second state”. As to claim 13, the closest known prior art indicated above, alone or in reasonable combination, fails to teach limitations in consideration of the claims as a whole, specifically with respect to the limitations “temporarily changing, by the position indicator, a resonance frequency of the resonance circuit from the first reference resonance frequency or the second reference resonance frequency by an amount corresponding to a digital value to be transmitted to the position detecting device; and decoding, by the position detecting device, the digital value transmitted from the position indicator, by detecting a phase change of the alternating magnetic field transmitted from the position indicator”. As to claim 14, it depends from claim 13, and is allowable at least for the reason above. Conclusion The prior arts made of record and not relied upon are considered pertinent to applicant’s disclosure: Stern (US 2014/0240298 A1) teaches the concept of “circuit operative to alternate between receiving a wirelessly transmitted first signal and generating electrical field” (Abs.); and Matsui (US 2020/0293121 A1) teaches the concept of “input tool identification circuit that executes an attribute identification” (Abs.). Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD J HONG whose telephone number is (571) 270-7765. The examiner can normally be reached on 9:00 AM to 6:00 PM EST. 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, Chanh Nguyen can be reached on (571) 272-7772. 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. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. May 29, 2026 /RICHARD J HONG/Primary Examiner, Art Unit 2623 ***
Read full office action

Prosecution Timeline

May 07, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
83%
With Interview (+4.5%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 614 resolved cases by this examiner. Grant probability derived from career allowance rate.

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