DETAILED ACTION
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,151,162 (‘162). Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1-20 of ‘162 teach all the limitations of claims 1-20 along with additional language as mapped below:
In Reference to Claim 1
Present Application - Claim 1
‘162 - Claim 1
A method, comprising: selecting, by a processing system including a processor, portions of a surface of an accessory to define a plurality of zones, wherein the selecting comprises defining a virtual boundary on the surface of the accessory, wherein in a first zone of the plurality of zones a movement corresponds to a first action, and wherein in a second zone of the plurality of zones the movement corresponds to a second action that is different from the first action;
A method, comprising: selecting, by a processing system including a processor, portions of a surface of an accessory to define a plurality of zones, wherein the selecting is performed in accordance with input to a graphical user interface of the accessory, wherein the selecting further comprises defining a virtual boundary on the surface of the accessory, the virtual boundary drawn using the graphical user interface, wherein in a first zone of the plurality of zones a movement corresponds to a first action, and wherein in a second zone of the plurality of zones the movement corresponds to a second action that is different from the first action;
determining, by the processing system and based on a detection of the movement in the first zone of the plurality of zones, that the movement is associated with the first action, the first action being related to a presentation of a game application, wherein the detection of the movement comprises a detection of a body part of a user, wherein the movement is associated with a gesture, wherein the body part is a right hand or a left hand, wherein the first zone has associated therewith a first set of gestures performed using one of the right hand or the left hand, and wherein the first zone has associated therewith a second set of gestures performed using the other of the right hand or the left hand; and
determining, by the processing system and based on a detection of the movement in the first zone of the plurality of zones, that the movement is associated with the first action, the first action being related to a presentation of a game application, wherein the detection of the movement comprises a detection of a body part of a user, wherein the movement is associated with a gesture, wherein the body part is a right hand or a left hand, wherein the first zone has associated therewith a first set of gestures performed using one of the right hand or the left hand, and wherein the first zone has associated therewith a second set of gestures performed using the other of the right hand or the left hand; and
based on the determining, transmitting, by the processing system and to the game application, the first action associated with the movement.
based on the determining, transmitting, by the processing system and to the game application, the first action associated with the movement.
In Reference to Claim 9
Present Application - Claim 9
‘162 - Claim 9
A non-transitory machine-readable medium that stores executable instructions that, when executed by a processing system including a processor, cause the processing system to perform operations, the operations comprising: selecting, in accordance with an input to an accessory, portions of a surface of the accessory to define a plurality of zones, wherein in a first zone of the plurality of zones movement corresponds to at least a first action, and wherein in a second zone of the plurality of zones movement corresponds to at least a second action that is different from the at least a first action;
A non-transitory machine-readable medium that stores executable instructions that, when executed by a processing system including a processor, cause the processing system to perform operations, the operations comprising: selecting, in accordance with an input to an accessory, portions of a surface of the accessory to define a plurality of zones, wherein the selecting comprises defining a virtual boundary on the surface of the accessory, the virtual boundary drawn using a graphical user interface, wherein in a first zone of the plurality of zones movement corresponds to at least a first action, and wherein in a second zone of the plurality of zones movement corresponds to at least a second action that is different from the at least a first action;
detecting a movement of an object in the first zone of the plurality of zones associated with the surface of an accessory by sensing the object with a first near field sensor, resulting in a detected movement, wherein the detecting of the movement of the object comprises a detection of a body part of a user, wherein the movement is associated with a gesture, wherein the body part is a right hand or a left hand, wherein the first zone has associated therewith a first set of gestures performed using one of the right hand or the left hand, and wherein the first zone has associated therewith a second set of gestures performed using the other of the right hand or the left hand;
detecting a movement of an object in the first zone of the plurality of zones associated with the surface of an accessory by sensing the object with a first near field sensor, resulting in a detected movement, wherein the detecting of the movement of the object comprises a detection of a body part of a user, wherein the movement is associated with a gesture, wherein the body part is a right hand or a left hand, wherein the first zone has associated therewith a first set of gestures performed using one of the right hand or the left hand, and wherein the first zone has associated therewith a second set of gestures performed using the other of the right hand or the left hand;
determining that the detected movement is associated with the at least a first action; and transmitting, based on the determining, the at least a first action associated with the detected movement to an application.
determining that the detected movement is associated with the at least a first action; and transmitting, based on the determining, the at least a first action associated with the detected movement to an application.
In Reference to Claim 18
Present Application - Claim 18
‘162 - Claim 18
A device comprising: a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, cause performance of operations comprising: selecting, in accordance with an input to an accessory, portions of a surface of the accessory to define a plurality of zones, wherein the input is provided to a graphical user interface of the accessory, wherein in a first zone of the plurality of zones movement corresponds to at least a first action, and wherein in a second zone of the plurality of zones movement corresponds to at least a second action that is different from the at least a first action;
A device comprising: a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, cause performance of operations comprising: selecting, in accordance with an input to an accessory, portions of a surface of the accessory to define a plurality of zones, wherein the input is provided to a graphical user interface of the accessory, wherein the selecting comprises defining a virtual boundary on the surface of the accessory, the virtual boundary drawn using the graphical user interface, wherein in a first zone of the plurality of zones movement corresponds to at least a first action, and wherein in a second zone of the plurality of zones movement corresponds to at least a second action that is different from the at least a first action;
detecting a movement of an object in a first zone of the plurality of zones, resulting in a detected movement, wherein the detecting of the movement of the object comprises a detection of a body part of a user, wherein the movement is associated with a gesture, wherein the body part is a right hand or a left hand, wherein the first zone has associated therewith a first set of gestures performed using one of the right hand or the left hand, and wherein the first zone has associated therewith a second set of gestures performed using the other of the right hand or the left hand;
detecting a movement of an object in a first zone of the plurality of zones, resulting in a detected movement, wherein the detecting of the movement of the object comprises a detection of a body part of a user, wherein the movement is associated with a gesture, wherein the body part is a right hand or a left hand, wherein the first zone has associated therewith a first set of gestures performed using one of the right hand or the left hand, and wherein the first zone has associated therewith a second set of gestures performed using the other of the right hand or the left hand;
determining that the detected movement is associated with an action related to a presentation of an application; and transmitting, to the application, the action associated with the detected movement.
determining that the detected movement is associated with an action related to a presentation of a game application; and transmitting, to the game application, the action associated with the detected movement.
In Regard to Claims 2-8, 10-17, and 19-20
Claims 2-8, 10-17, and 19-20 of the present application are taught by the limitations of Claims 2-8, 10-17, and 19-20 of ‘162 respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARL V LARSEN whose telephone number is (571)270-3219. The examiner can normally be reached Monday through Friday; 10:00 am - 6:30 pm.
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/CARL V LARSEN/Examiner, Art Unit 3715
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