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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claims 4-5, 7-8 are cancelled.
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a characteristics detector that detects user characteristics that include at least one of gender, age, body temperature, and moisture content or sebum content of skin of the user” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Par 0046; describes “Examples of the characteristics detector 125 include an imaging device. Specifically, when an infrared camera is used, the body temperature of a user, ambient temperature information, and the like can be detected. When an image of the face or body of the user is captured with a visible light camera and the captured image is analyzed, the age, gender, and the like of the user can be detected. These cameras may be used in combination. Further, when a high-precision artificial intelligence (AI) camera is used, more detailed information on the user can be detected. For example, by adding other information to the age and gender, the moisture content or the sebum content of the skin, or the like of the user which largely affects a touch operation can be estimated.”
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-3, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over FUJII (US Pub 2018/0052563) in view of Drake et al (US Pub 2018/0059866) and JUNG et al (US Pub 2017/0293396).
With respect to claim 1, FUJII discloses a touch sensor device (fig. 1; device 100) comprising: a touch sensor (fig. 1; touch panel 3); a processor configured to: detect a touch operation of a user on the touch sensor (fig. 1 and 2; par 0043; discloses the functions of the control unit 1, the first determination unit 41, the second determination unit 42 and the threshold-value changing unit 43 shown in FIG. 1, are implemented by a specialized processing circuit 51; par 0037; discloses a first determination unit 41 serves to detect an amount of change in the capacitance between the respective electrodes arranged at the coordinates on the detection surface of the touch panel 3 ); determine whether the detected touch operation of the user is a valid operation or an invalid operation based on a predetermined detection sensitivity (fig. 1; second determination unit 42; par 0040; discloses the second determination unit 42 serves to compare the touch level value at the touch coordinate outputted by the first determination unit 41, with a second threshold value, to thereby determine whether the operation directed to that coordinate on the touch panel 3 is valid or invalid); a characteristics detector that detects user characteristics of the user; (par 0079; discloses the approaching-direction calculation unit 44 serves to execute image recognition processing on the data of image captured by the camera 5. The approaching-direction calculation unit 44 serves to detect, through the image recognition processing, an object approaching the FPD 2 and the touch panel 3, and also to calculate the approaching direction of the object toward the detection surface of the touch panel 3; par 0058; discloses when the user sitting on the driver's seat is going to operate the touch panel 3, the hand of the user will approach the detection surface from the side of the lower end of the touch panel 3. For example, when the user is going to perform an operation about the center portion of the touch panel 3 by extending his/her index finger toward that portion, such a case may arises where a part of the hand of the user other than the index finger approaches the lower half portion of the touch panel 3. On this occasion, if the touch panel were a conventional one, the touch level value in the lower half portion of the touch panel 3 will be elevated contrary to the user's intention, and this may cause a failure operation; i.e. hand or finger are the inherent attributes of the user); and the processor is configured to adjust the predetermined detection sensitivity in accordance with the user characteristics detected by the characteristics detector (fig. 14; threshold value changing unit 43 with camera 5; par 0080; discloses The threshold-value changing unit 43 is configured to set each second threshold value before determination by the second determination unit 42 that the operation is valid, in accordance with the approaching direction of the object calculated by the approaching-direction calculation unit 44);
FUJJI doesn’t expressly disclose user characteristics include moisture content of skin of the user or sebum content of the skin of the user;
In the same field of endeavor, Drake discloses a touch sensing device and method for improving touch detection (see abstract); Drake discloses user characteristics include moisture content of skin of the user (par 0064; discloses a touch detection system that implements more effective methods for suppressing the impact from some unwanted factors (e.g., water on a touch sensing surface, temperature variation of an object, a palm touch, a grip on an edge of the touch sensing surface, and various noise sources). Par 0089; discloses a force threshold module 168 for setting and/or adjusting a force capacitance threshold, such as the detection threshold 908 in FIG. 9A; par 0090; discloses a touch capacitance threshold module 170 for setting and/or adjusting a touch capacitance threshold, such as the detection threshold 904 in FIG. 9A; par 0129; discloses when the multiplexers 604 for a capacitance sense channel 602 select one or more of the force electrodes of the one or more force electrodes 128, the capacitance sense channel 602 is configured to measure the corresponding force signals used to improve touch detection results (e.g., by eliminating an invalid candidate touch or by adjusting a baseline and a touch detection threshold used in touch detection); see par 0165; discloses the touch detection threshold 904 is set to a first value, C1, so as to distinguish between capacitance due to touches and capacitance due to environmental effects. In some implementations, the force detection threshold 908 is set to a first value so as to distinguish between detected force due to touches and detected force due to environmental effects. In some implementations, the touch detection threshold 904 and/or the force detection threshold 908 is reset continuously or periodically (e.g., based on current environmental conditions));
Therefore, it would have been obvious to one having ordinary skill in the art to modify the invention disclosed by FUJII to incorporate the teachings of Drake to adjust the touch sensitivity based on moisture in order to accurately detect touch inputs from users in different environmental conditions accurately; hence detecting erroneous detection is minimized;
FUJII as modified by Drake don’t expressly disclose user characteristics sebum content of skin of the user;
In the same field of endeavor, JUNG discloses a touch device and method for changing sensitivity of the touch panel (see abstract); Jung discloses wherein the user characteristics include sebum content of the skin of the user (par 0064; discloses the technology of an embodiment of the present disclosure may be used to adjust the sensitivity of the touch panel 130 included in the mobile terminal 100. When a person's fingers are dry or a user is wearing gloves, a response of the touch panel 130 generally deteriorates. When the response of the touch panel 130 deteriorates, a user firmly presses the screen (i.e., the touch panel 130) in general. Accordingly, when the atmospheric pressure change inside of the housing 102 based on the difference between the output value of the barometer sensor 118 and the moving average described in FIG. 6 increases, the processing unit 128 of the mobile terminal 100 of an embodiment of the present disclosure performs a procedure for increasing the sensitivity of the touch panel 130.);
Therefore, it would have been obvious to one having ordinary skill in the art to modify the invention disclosed by FUJII as modified by Drake to incorporate the teachings of JUNG to increase the sensitivity of the touch panel when the user fingers are dry (i.e. low in sebum content) in order to accurately detect touch inputs when users are old age people or have dry skins and preventing false negatives.
With respect to claim 2, FUJII as modified by Drake and JUNG discloses wherein the processor is further configured to set determination criterion corresponding to the predetermined detection sensitivity, and determine the touch operation of the user as the valid operation when an intensity of a detection signal is equal to or greater than the determination criterion (FUJII; par 0041; discloses the second determination unit 42 is configured to determine, when the touch level value at the touch coordinate exceeds the second threshold value, that the operation directed to that coordinate is valid, and then to notify the threshold-value changing unit 43 of that effect and to output the touch coordinate and the touch level value at the touch coordinate to the control unit 1.).
With respect to claim 3, FUJII as modified by Teller, Drake and JUNG discloses wherein the touch sensor is a capacitance sensor (FUJII; par 0036; discloses the touch panel 3 of a so-called “capacitance type” is provided integrally with the FPD 2).
With respect to claim 6, FUJII as modified by Drake and JUNG discloses wherein adjusting the predetermined detection sensitivity comprises increasing the predetermined detection sensitivity as the moisture content of the skin is lower (JUNG; par 0064; discloses When a person's fingers are dry or a user is wearing gloves, a response of the touch panel 130 generally deteriorates. When the response of the touch panel 130 deteriorates, a user firmly presses the screen (i.e., the touch panel 130) in general. Accordingly, when the atmospheric pressure changes inside of the housing 102 based on the difference between the output value of the barometer sensor 118 and the moving average described in FIG. 6 increases, the processing unit 128 of the mobile terminal 100 of an embodiment of the present disclosure performs a procedure for increasing the sensitivity of the touch panel 130.).
Response to Arguments
Applicant's arguments filed with respect to claim 1 have been fully considered but they are not persuasive and do not put the application in condition for allowance.
With respect to claim 1, applicant’s representative argued that the cited references fail to disclose characteristic detector that detects user characteristics that include at least one of a moisture content of skin of the user or sebum content of the skin of the user;
However examiner respectfully disagrees, moisture content of skin of the user is a broad limitation and can be interpreted as having water on the skin of the user.
Drake discloses adjusting the touch sensitivity in response to water affecting the touch detection of the touch device (par 0064; discloses a touch detection system that implements more effective methods for suppressing the impact from some unwanted factors (e.g., water on a touch sensing surface, temperature variation of an object, a palm touch, a grip on an edge of the touch sensing surface, and various noise sources). see par 0089-0090, 0165 as well); Hence the broad interpretation of the claimed limitation may include water on the skin of the user and the broad interpretation of the claim limitation reads on Drake’s disclosure.
Further applicant’s representative argued that JUNG fails to disclose detecting sebum content of the skin of the user;
However examiner respectfully disagrees, JUNG discloses when the user finger is dry, the response of the touch panel deteriorates. i.e. sebum/oil or moisture of the skin is low. JUNG associates the change in the atmospheric pressure to the sebum content of the skin because the user is pressing hard on the touch panel because user may have dry skin (i.e. lower sebum/oil content) and adjust the touch sensitivity of the touch panel such that touch is easily detected for user having dry skin.
Further the claim limitation only required adjusting the touch sensitivity based on either moisture content of the skin of the user or sebum content of the skin of the user. Hence the claimed invention is obvious over the cited references and the rejection is maintained.
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 SUJIT SHAH whose telephone number is (571)272-5303. The examiner can normally be reached Monday-Friday, 9:00 am-6:00 pm EST.
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/SUJIT SHAH/Examiner, Art Unit 2624
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