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 Office Action is made in response to applicant’s amendment filed on 07/23/2026. Claims 11, 12 and 17 are currently pending in the application.
The Election and Restriction Requirement was made on 06/18/2025 and Applicant’s election without traverse of species IB, as illustrated in figures 2 and 10 in the reply filed on 08/07/2025 was acknowledged. The previously amendment filed 04/20/2026 has amended claim 17 not readable on the elected species IB, but readable on the non-elected species IIB illustrated in Figs. 3 and 10, which is directed to the HMI device output adjusting method associated with the HMI device being a force sensing device. Therefore, the claim 17 is maintained to be withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species IIB, there being no allowable generic or linking claim. Claims 11 and 12 are readable on the elected species IB and are considered as follows:
Response to Arguments
The objections of claims 11-12 and the rejections under 35 U.S.C. 112(b) and 112(a) of claims 11-12 in the previous Office action dated 04/30/2026 have been withdrawn in light of the amendment to these claims. However, see the new ground of the rejection of the currently amended claims 11-12 under 35 U.S.C. 112(a) necessitated by the current amendment.
Claim Rejections - 35 USC § 112
The following is a quotation 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.
Claims 11-12 are rejected under 35 U.S.C. 112(a), 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 at the time the application was filed, had possession of the claimed invention.
As per claim 11, this claim recites limitations, “receiving an input by the HMI device; causing an event of the host device according to the input; collecting the event by a processing circuit; and dynamically adjusting the [[plural]] parameters according to the event, to improve a success rate for identifying the input or to improve a success rate for performing the event corresponding to the input” in last 7 lines.
In order to easily recognize the claimed limitations supported by the original disclosure, the following discussion is directed to the elected species IB, as illustrated in figures 2 and 10. Note that Applicant has indicated on page 4 of the amendment “ … Claims 11 and 12 are amended according to paragraphs [0025] and [0026] of the present application …” While the Examiner has agreed the paragraph [0025] including the disclosure directed to the elected species IB, but respectfully disagreed the paragraph [0026] including the disclosure directed to the elected species IB as the paragraph [0026] includes the disclosure directed to Figure 4 of the non-elected species IIIA and IIIB.
The original disclosure, specifically the paragraph [0025] “… Please refer to FIG.2 again. As above-mentioned, in one embodiment, the HIM device HD is the touch sensing device 200. In such case, the user may try tapping the touch sensing device 200 for several times in a short time to perform a double tap, to open a folder shown on the host device connected with the touch sensing device 200. The operation of “open a folder” is one example of the above-mentioned “event”. In such example, the frequency of outputting taps of the touch sensing device 200 may be adjusted to increase the success rates of identifying double taps …”, discloses: “a double tap” as “the claimed input”, “the operation of “open a folder”” as “the claimed event”, “the frequency of outputting taps” as “one of the claimed parameters”. However, the original disclosure does not explicitly discuss in detail a limitation, “collecting the event by a processing circuit” or specifically how a processing circuit of the HMI device [the touch sensing device 200] collects the operation of “open a folder” performed by the host device.
Moreover, the above paragraph [0025] discloses: dynamically adjusting only one parameter, “the frequency of outputting taps of the touch sensing device 200”, but does not explicitly discuss in detail “dynamically adjusting plural parameters according to the event” of the above underlined limitations.
Moreover, in order to satisfy its burden under the written description requirement, a patent application must disclose the full scope of the claim. Univ. of Rochester v. G.D. Searle & Co., 358 F.3d 916, 920 (Fed. Cir. 2004) (The purpose of the written description requirement is to “ensure that the scope of the right to exclude, as set forth in the claims, does not overreach the scope of the inventor’s contribution to the field of art as described in the patent specification.”.)
Accordingly, the original disclosure does not contain such description and details regarding to the above underlined limitations of this claim, so as to reasonably convey to one skilled in the relevant art that the inventor(s), at the time the application was filed, had possession of the claimed invention.
As per claim 12, this claim is therefore rejected for at least the reason set forth in claim 11 above.
Conclusion
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 Jimmy H Nguyen whose telephone number is (571) 272-7675. The examiner can normally be reached on Monday-Friday 8:30AM-6PM.
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, Temesghen Ghebretinsae, can be reached at (571) 272-3017. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jimmy H Nguyen/
Primary Examiner, Art Unit 2626
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