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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claims 9-15 contain limitations that are not disclosed in the prior-filed applications (applications 17/114664, 18/212818, and JP2020-022389) that have been claimed for domestic benefit and foreign priority. Thus, claims 9-15 will be interpreted to have an effective filing date of October 16, 2024 (which is the filing date of the instant application).
Information Disclosure Statement
The information disclosure statements (IDS) submitted on October 16, 2024; November 12, 2024; April 28, 2025; September 09, 2025; and December 10, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claims 1, 9, 11, 14 and 15 are objected to because of the following informalities: Claim recites the limitation “variation in the target magnetic field” in line 6. There is a missing “a” before the word “variation”. Thus, the limitation of line 6 should be amended to “a variation in the target magnetic field”. Appropriate correction is required.
Similar limitations are found in claims 9, 11, 14 and 15 and should be amended in a similar manner as claim 1 above.
Claim 1, 9, 11, 14 and 15 are objected to because of the following informalities: Claim 1 recites the limitation “variation in the position of the object” in line 8. There is a missing “a” before the word “variation”. Thus, the limitation of line 8 should be amended to “a variation in the position of the object”. Appropriate correction is required.
Similar limitations are found in claims 9, 11, 14 and 15 and should be corrected in a similar manner as claim 1 above.
Double Patenting
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.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 11719556 (applicant disclosed art), respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims cover similar subject matter.
Both independent claims’ features of the instant application and the co-pending application can be compared as:
Claim 1 of the Instant Application
Claim 1 of Patent 11719556
A position detection device for detecting a position of an object whose position is variable, the position detection device comprising: a magnetic field generator configured to generate a target magnetic field and vary the target magnetic field when the position of the object varies;
A position detection device for detecting a position of an object whose position is variable, the position detection device comprising: a magnetic field generator that generates a target magnetic field and is configured so that a direction of the target magnetic field at a detection position in a reference plane varies when the position of the object varies;
and a magnetic sensor that detects the target magnetic field and generates a detection signal corresponding to variation in the target magnetic field,
and a magnetic sensor that detects the target magnetic field and generates a detection signal corresponding to the direction of the target magnetic field,
wherein the magnetic field generator is configured so that a mode of the variation in the target magnetic field relative to variation in the position of the object varies nonlinearly relative to the variation in the position of the object,
wherein the magnetic field generator is configured so that a mode of variation of the direction of the target magnetic field relative to variations in the position of the object varies nonlinearly relative to the variations in the position of the object,
and the magnetic sensor is configured so that a mode of variation in the detection signal relative to the variation in the target magnetic field varies nonlinearly relative to the variation in the target magnetic field.
and the magnetic sensor is configured so that a mode of variation of the detection signal relative to variations in the direction of the target magnetic field varies nonlinearly relative to the variations in the direction of the target magnetic field.
Regarding claim 2, see claim 2 of Patent 11719556.
Regarding claim 3, see claim 3 of Patent 11719556.
Regarding claim 4, see claim 4 of Patent 11719556.
Regarding claim 5, see claim 5 of Patent 11719556.
Regarding claim 6, see claim 6 of Patent 11719556.
Regarding claim 7, see claim 7 of Patent 11719556.
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 7 of U.S. Patent No. 11719556 in view of Choi et al. US10302456 (called Choi hereinafter).
Regarding claim 8, Patent 11719556 claims the position detection device according to claim 7, but fails to claim further comprising: a substrate that has a top surface and to which the magnetic sensor is fixed, wherein the position of the object varies in a direction perpendicular to the top surface of the substrate.
Choi teaches a substrate (Fig. 3; base 304) that has a top surface (Fig. 3; top of base 304) and to which the magnetic sensor is fixed (Fig. 3; Column 19 lines 54-56; position sensor 308), wherein the position of the object varies in a direction perpendicular to the top surface of the substrate (Fig. 3; Column 19 lines 62-67).
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the structure as described by Patent 11719556 with the magnetic position sensing as described by Choi for the purpose of determining the position of a optical package moving along a z-axis (Column 19 lines 62-67).
Claims 9-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11719556 in view of Hsieh et al. US2023/0129863 (called Hsieh hereinafter and applicant disclosed art).
Claim 9 of the Instant Application
Claim 1 of Patent 11719556
wherein the position detection device includes: a magnetic field generator configured to generate a target magnetic field and vary the target magnetic field when the position of the key cap varies;
A position detection device for detecting a position of an object whose position is variable, the position detection device comprising: a magnetic field generator that generates a target magnetic field and is configured so that a direction of the target magnetic field at a detection position in a reference plane varies when the position of the object varies;
and a magnetic sensor that detects the target magnetic field and generates a detection signal corresponding to variation in the target magnetic field,
and a magnetic sensor that detects the target magnetic field and generates a detection signal corresponding to the direction of the target magnetic field,
the magnetic field generator is configured so that a mode of the variation in the target magnetic field relative to variation in the position of the key cap varies nonlinearly relative to the variation in the position of the key cap,
wherein the magnetic field generator is configured so that a mode of variation of the direction of the target magnetic field relative to variations in the position of the object varies nonlinearly relative to the variations in the position of the object,
and the magnetic sensor is configured so that a mode of variation in the detection signal relative to the variation in the target magnetic field varies nonlinearly relative to the variation in the target magnetic field.
and the magnetic sensor is configured so that a mode of variation of the detection signal relative to variations in the direction of the target magnetic field varies nonlinearly relative to the variations in the direction of the target magnetic field.
Patent 11719556 fails to claim a key switch comprising: a key cap; a holding member configured to hold the key cap while allowing the key cap to move linearly; and a position detection device for detecting a position of the key cap.
Hsieh teaches a key switch (Figs. 1A-1C; keyswitches 100) comprising: a key cap (Figs. 1A-1C; key top 111); a holding member configured to hold the key cap while allowing the key cap to move linearly (Figs. 1A-1C; key seat 112, key driver 113, and enabler 114); and a position detection device for detecting a position of the key cap (Figs. 1A-1C; para [0038-0039]; key sensing switch 120 used to determine the position of key top 111).
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the structure as described by Patent 11719556 with the key-sensing as described by Hsieh for the purpose of determining the position of a key top on a keyboard (para [0038-0039]).
Regarding claim 10, Patent 11719556 and Hsieh teaches the key switch according to claim 9, Hsieh further teaches wherein the holding member includes a stem to which the key cap is fixed (Figs. 1A-1C; key driver 113), and the magnetic field generator is fixed to the stem (Figs. 1A-1C; para [0039]; key driver 113 may include a magnet material to be used with the key-sensing switch 120).
Claim 11 of the Instant Application
Claim 1 of Patent 11719556
the position detection device includes: a magnetic field generator configured to generate a target magnetic field and vary the target magnetic field when the position of the key cap varies;
A position detection device for detecting a position of an object whose position is variable, the position detection device comprising: a magnetic field generator that generates a target magnetic field and is configured so that a direction of the target magnetic field at a detection position in a reference plane varies when the position of the object varies;
and a magnetic sensor that detects the target magnetic field and generates a detection signal corresponding to variation in the target magnetic field,
and a magnetic sensor that detects the target magnetic field and generates a detection signal corresponding to the direction of the target magnetic field,
the magnetic field generator is configured so that a mode of the variation in the target magnetic field relative to variation in the position of the key cap varies nonlinearly relative to the variation in the position of the key cap,
wherein the magnetic field generator is configured so that a mode of variation of the direction of the target magnetic field relative to variations in the position of the object varies nonlinearly relative to the variations in the position of the object,
and the magnetic sensor is configured so that a mode of variation in the detection signal relative to the variation in the target magnetic field varies nonlinearly relative to the variation in the target magnetic field.
and the magnetic sensor is configured so that a mode of variation of the detection signal relative to variations in the direction of the target magnetic field varies nonlinearly relative to the variations in the direction of the target magnetic field.
Patent 11719556 fails to claim a keyboard comprising: a plurality of key switches; a switch plate to which the plurality of key switches are fixed; and a substrate, wherein each of the plurality of key switches includes: a key cap; a holding member configured to hold the key cap while allowing the key cap to move linearly; and a position detection device for detecting a position of the key cap.
Hsieh teaches a keyboard (Figs. 1A-1C; keyboard 10) comprising: a plurality of key switches (Figs. 1A-1C; keyswitches 100); a switch plate to which the plurality of key switches are fixed (Figs. 1A-1C; enabling circuit 140 holds the keyswitches 100); and a substrate (Figs. 1A-1C; key circuit 150), wherein each of the plurality of key switches includes: a key cap (Figs. 1A-1C; key top 111); a holding member configured to hold the key cap while allowing the key cap to move linearly (Figs. 1A-1C; key seat 112, key driver 113, and enabler 114); and a position detection device for detecting a position of the key cap (Figs. 1A-1C; para [0038-0039]; key sensing switch 120 used to determine the position of key top 111).
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the structure as described by Patent 11719556 with the key-sensing as described by Hsieh for the purpose of determining the position of a key top on a keyboard (para [0038-0039]).
Regarding claim 12, Patent 11719556 and Hsieh teach the keyboard according to claim 11, Hsieh further teaches wherein the holding member includes a stem to which the key cap is fixed (Figs. 1A-1C; key driver 113), and the magnetic field generator is fixed to the stem (Figs. 1A-1C; para [0039]; key driver 113 may include a magnet material to be used with the key-sensing switch 120).
Regarding claim 13, Patent 11719556 and Hsieh teach the keyboard according to claim 11, Hsieh further teaches wherein the magnetic sensor is fixed to the substrate (Figs. 1A-1C; key-sensing switch 120 is fixed to key circuit 150).
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11719556 in view of Drezet et al. US2022/0171470 (called Drezet hereinafter).
Claim 14 of the Instant Application
Claim 1 of Patent 11719556
wherein the position detection device includes: a magnetic field generator configured to generate a target magnetic field and vary the target magnetic field when a position of the button varies;
A position detection device for detecting a position of an object whose position is variable, the position detection device comprising: a magnetic field generator that generates a target magnetic field and is configured so that a direction of the target magnetic field at a detection position in a reference plane varies when the position of the object varies;
and a magnetic sensor that detects the target magnetic field and generates a detection signal corresponding to variation in the target magnetic field,
and a magnetic sensor that detects the target magnetic field and generates a detection signal corresponding to the direction of the target magnetic field,
the magnetic field generator is configured so that a mode of the variation in the target magnetic field relative to variation in the position of the button varies nonlinearly relative to the variation in the position of the button,
wherein the magnetic field generator is configured so that a mode of variation of the direction of the target magnetic field relative to variations in the position of the object varies nonlinearly relative to the variations in the position of the object,
and the magnetic sensor is configured so that a mode of variation in the detection signal relative to the variation in the target magnetic field varies nonlinearly relative to the variation in the target magnetic field.
and the magnetic sensor is configured so that a mode of variation of the detection signal relative to variations in the direction of the target magnetic field varies nonlinearly relative to the variations in the direction of the target magnetic field.
Patent 11719556 fails to claim a mouse comprising: a button configured to allow at least one of clicking or depressing; a position detection device configured to detect at least one of the clicking or the depressing of the button; and a case.
Drezet teaches a mouse (Fig. 25A; computer mouse 2500) comprising: a button configured to allow at least one of clicking or depressing (Fig. 25A; input element 2510); a position detection device configured to detect at least one of the clicking or the depressing of the button (para [0169]); and a case (Fig. 25A; frame 2505).
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the structure as described by Patent 11719556 with the mouse with input element sensing as described by Drezet for the purpose of determining when the input element of a mouse has been pressed or not (para [0169]).
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11719556 in view of Sirohiwala et al. US2016/0334830 (called Sirohiwala hereinafter).
Claim 15 of the Instant Application
Claim 1 of Patent 11719556
the position detection device includes: a magnetic field generator configured to generate a target magnetic field and vary the target magnetic field when a position of the lever varies,
A position detection device for detecting a position of an object whose position is variable, the position detection device comprising: a magnetic field generator that generates a target magnetic field and is configured so that a direction of the target magnetic field at a detection position in a reference plane varies when the position of the object varies;
and a magnetic sensor that detects the target magnetic field and generates a detection signal corresponding to variation in the target magnetic field,
and a magnetic sensor that detects the target magnetic field and generates a detection signal corresponding to the direction of the target magnetic field,
the magnetic field generator is configured so that a mode of the variation in the target magnetic field relative to variation in the position of the lever varies nonlinearly relative to the variation in the position of the lever,
wherein the magnetic field generator is configured so that a mode of variation of the direction of the target magnetic field relative to variations in the position of the object varies nonlinearly relative to the variations in the position of the object,
and the magnetic sensor is configured so that a mode of variation in the detection signal relative to the variation in the target magnetic field varies nonlinearly relative to the variation in the target magnetic field.
and the magnetic sensor is configured so that a mode of variation of the detection signal relative to variations in the direction of the target magnetic field varies nonlinearly relative to the variations in the direction of the target magnetic field.
Patent 11719556 fails to claim a game controller comprising: a stick button configured to allow at least one of a directional operation or depressing; a position detection device; a case; and a substrate provided in the case, wherein the stick button includes a stick device provided in the case, the stick device includes a lever, and a housing that accommodates a base of the lever and is fixed to the substrate.
Sirohiwala teaches a game controller (Fig. 1; para [0072]; video game controller) comprising: a stick button (Fig. 1; shaft 102 with magnet 104) configured to allow at least one of a directional operation or depressing (Figs. 1-2; para [0137]; directional movement of shaft 102); a position detection device (Fig. 1; magnetic field sensing elements 109a); a case (Fig. 1; para [0072]; cover/case/shell for the video game controller components); and a substrate (Fig. 1; cavity 106) provided in the case, wherein the stick button includes a stick device (Fig. 1; shaft 102) provided in the case, the stick device includes a lever (Fig. 1; shaft 102 is a lever), and a housing that accommodates a base of the lever and is fixed to the substrate (Fig. 1; cavity surface 106a accommodates the base of shaft 102 and is fixed to it).
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the structure as described by Patent 11719556 with the magnetic position sensing of a shaft as described by Sirohiwala for the purpose of determining the position of a shaft of a video game controller using magnetic sensing (para [0072]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Aimuta et al. discloses “Angle detection apparatus and position detection apparatus” (see US2012/0038348)
Olsson et al. discloses “Reconfigurable portable locator employing multiple sensor array having flexible nested orthogonal antennas” (see US8203343)
Scherr et al. discloses “Using cartesian coordinates for position detection with a magnetic sensor” (see US2017/0089726)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID B FREDERIKSEN whose telephone number is (571)272-8152. The examiner can normally be reached M-F 8am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached at (571)272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID B FREDERIKSEN/Examiner, Art Unit 2858
/HUY Q PHAN/Supervisory Patent Examiner, Art Unit 2858
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