DETAIELD 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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/8/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 7 is objected to because of the following informalities:
Claim 7: “wherein the rotor and is coupled with the housing by a bearing” should read --wherein the rotor is coupled with the housing by a bearing--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 9 recites “wherein the rotor is coupled with the housing,” however, it doesn’t further limit the recitation of claim 7 which recites “wherein the rotor is coupled with the housing by a bearing”. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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. 12166393 (App. No. 17/646757). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the recited Patent anticipates the claims of the instant application.
The claims are anticipated as follows:
Claims
Appl. No. 18941626
Pat No. 12166393
1 v 1
A virtual mass system, comprising: a housing; a printed circuit board (PCB) stator coupled with the housing; a rotor comprising a set of magnets, the rotor being coupled with the housing and positioned near the PCB stator to facilitate magnetic interaction between the PCB stator and the set of magnets; and an annular jog knob coupled with the rotor.
A virtual mass system, comprising: a housing; a printed circuit board (PCB) stator fixedly coupled with the housing; a rotor comprising a set of magnets, the rotor being rotatably coupled with the housing and positioned near the PCB stator to facilitate magnetic interaction between the PCB stator and the set of magnets; an annular jog knob fixedly coupled with the rotor; and a display positioned at least partially within the annular jog knob.
2 v 1
The virtual mass system of claim 1, a display positioned at least partially within the annular jog knob.
and a display positioned at least partially within the annular jog knob.
3 v 3
The virtual mass system of claim 1, wherein the housing is circular in shape and comprises a protruded portion that protrudes from the center of an interior side of the housing.
The virtual mass system of claim 1, wherein the housing is circular in shape and comprises a protruded portion that protrudes from the center of an interior side of the housing.
4 v 4
The virtual mass system of claim 3, wherein the rotor couples with the housing by a bearing that is coupled with the protruded portion.
The virtual mass system of claim 3, wherein the rotor couples with the housing by a bearing that is coupled with the protruded portion.
5 v 5
The virtual mass system of claim 3, wherein the protruded portion comprises a hollow middle area that allows wires to extend from a rear portion of the housing to a display.
The virtual mass system of claim 3, wherein the protruded portion comprises a hollow middle area that allows wires to extend from a rear portion of the housing to the display.
6 v 6
The virtual mass system of claim 1, further comprising a second rotor comprising a set of magnets, the second rotor being rotatably coupled with the housing and positioned on an opposite side of the PCB stator from the rotor.
The virtual mass system of claim 1, further comprising a second rotor comprising a set of magnets, the second rotor being rotatably coupled with the housing and positioned on an opposite side of the PCB stator from the rotor.
7 v 7
A virtual mass system, comprising: a housing; a printed circuit board (PCB) stator motor; the PCB stator motor comprising a rotor and a PCB stator; wherein the rotor and is coupled with the housing by a bearing; wherein the PCB stator is fixedly coupled with the housing; and a jog knob that is fixedly coupled with the PCB stator motor.
A virtual mass system, comprising: a housing; a printed circuit board (PCB) stator motor; the PCB stator motor comprising a first rotor and second rotor with a PCB stator positioned therebetween; wherein the first rotor and the second rotor are coupled with a protruded portion of the housing by a first bearing and a second bearing, respectively; wherein the PCB stator is fixedly coupled with the housing; and a jog knob fixedly coupled with the rotor.
8 v 15
The virtual mass system of claim 7, wherein the jog knob is annular and wherein a display is positioned at least partially within a center portion of the jog knob.
The virtual mass system of claim 14, further comprising a display positioned at least partially within a center portion of the jog knob.
9 v 7
The virtual mass system of claim 7, wherein the rotor is coupled with the housing.
wherein the first rotor and the second rotor are coupled with a protruded portion of the housing by a first bearing and a second bearing.
10 v 9
The virtual mass system of claim 7, wherein the housing is circular in shape and comprises a protruded portion that protrudes from the center of an interior side of the housing.
The virtual mass system of claim 7, wherein the housing is circular in shape and comprises a protruded portion that protrudes from the center of an interior side of the housing.
11 v 11
The virtual mass system of claim 10, wherein the protruded portion comprises a hollow middle area that allows wires to extend from a rear portion of the housing to a display disposed adjacent to the jog knob.
The virtual mass system of claim 9, wherein the protruded portion comprises a hollow middle area that allows wires to extend from a rear portion of the housing to a display disposed adjacent to the jog knob.
12 v 12
The virtual mass system of claim 7, wherein the PCB stator is fixedly coupled with the housing along at least a portion of an outer edge of the PCB stator.
The virtual mass system of claim 7, wherein the PCB stator is fixedly coupled with the housing along at least a portion of an outer edge of the PCB stator.
13 v 13
The virtual mass system of claim 7, wherein the rotor comprises a set of magnets.
The virtual mass system of claim 7, wherein the first rotor and the second rotor comprise a first set of magnets and a second set of magnets, respectively.
14 v 15
The virtual mass system of claim 7, wherein the jog knob is annular, and further comprising a display positioned at least partially within a center portion of the jog knob.
The virtual mass system of claim 14, further comprising a display positioned at least partially within a center portion of the jog knob.
15 v 16
A virtual mass system, comprising: a housing; a printed circuit board (PCB) stator fixedly coupled with the housing; and a rotor comprising a set of magnets, the rotor being rotatably coupled with the housing and positioned near the PCB stator to facilitate magnetic interaction between the PCB stator and the set of magnets.
A virtual mass system, comprising: a housing; a printed circuit board (PCB) stator fixedly coupled with the housing; a rotor comprising a set of magnets, the rotor being rotatably coupled with the housing and positioned near the PCB stator to facilitate magnetic interaction between the PCB stator and the set of magnets; a jog knob fixedly coupled with the rotor; and wherein the jog knob and the housing form an enclosed space.
16 v 17
The virtual mass system of claim 15, further comprising a rotation encoder configured to determine angular position of the rotor.
The virtual mass system of claim 16, further comprising a rotation encoder configured to determine angular position of the rotor.
17 v 18
The virtual mass system of claim 15, wherein the housing is circular in shape and comprises a protruded portion that protrudes from the center of an interior side of the housing.
The virtual mass system of claim 16, wherein the housing is circular in shape and comprises a protruded portion that protrudes from the center of an interior side of the housing.
18 v 19
The virtual mass system of claim 17, wherein the rotor couples with the housing by a bearing.
The virtual mass system of claim 18, wherein the rotor couples with the housing by a bearing that is coupled with the protruded portion.
19 v 20
The virtual mass system of claim 15, further comprising a second rotor comprising a set of magnets, the second rotor being rotatably coupled with the housing and positioned on an opposite side of the PCB stator from the rotor.
The virtual mass system of claim 16, further comprising a second rotor comprising a set of magnets, the second rotor being rotatably coupled with the housing and positioned on an opposite side of the PCB stator from the rotor.
20 v 16
The virtual mass system of claim 15, further comprising a job knob that forms an enclosed space with the housing.
and wherein the jog knob and the housing form an enclosed space.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vaslov et al. (US 11989361) teaches a computer mouse comprising a scroll wheel, a braking system operable to provide a braking force on the scroll wheel, and a sensor system operable to detect a force or motion of the scroll wheel in the first and second directions.
Kim et al. (US 12225257) teaches an input wheel including: a navigation key manipulated to select one direction among a plurality of directions; a dial unit including a rotating dial wheel; and a control unit which controls movement on a user interface screen of a target device based on one or more direction inputs corresponding to the navigation key and a rotation operation input of the dial wheel
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RASHAD H JOHNSON whose telephone number is (571)272-1231. The examiner can normally be reached 9:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koehler can be reached at 571-272-3560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RASHAD H. JOHNSON
Examiner
Art Unit 2834
/RASHAD H JOHNSON/Examiner, Art Unit 2834
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