DETAILED ACTION
1. Claims 21-30 are pending.
Notice of Pre-AIA or AIA Status
2. The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
3. The IDS filed 11/12/2024 is considered.
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.
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4. Claims 21-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12164749 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because each of claims 21-30 are anticipated by claims 1-10 of U.S. Patent No. 12164749 B2.
Claim 21
U.S. Patent No. 12164749 B2
An information processing apparatus, comprising: a display; and circuitry configured to
Claim 1: An information processing apparatus, comprising: a display; and circuitry configured to:
cause the display to display a first icon and a plurality of second icons, the first icon being displayed in a first size, the plurality of second icons each being displayed in a second size smaller than the first size, and each being displayed in a unit of a group,
Claim 1: cause the display to display a first icon and a plurality of second icons, the first icon being displayed in a first size, the plurality of second icons each being displayed in a second size smaller than the first size, and each being displayed in a unit of a group,
perform a first process corresponding to the first icon in a case that a touch operation to the first icon is input by only a single human finger,
Claim 1: perform a first process corresponding to the first icon in a case that a touch operation to the first icon is input by a human finger,
cause the display to display the plurality of second icons enlarged in a case that a touch operation to the plurality of second icons is input by only the single human finger,
Claim 1: cause the display to display the plurality of second icons enlarged in a case that a touch operation to the plurality of second icons is input by the human finger,
cause the display to display a first image including the first icon with display magnification in case that a touch operation on the display is input by an operation object that is larger than the single human finger.
Claim 1: cause the display to display a first image including the first icon with display magnification in case that a touch operation on the display is input by a human hand.
Claim 2: wherein the circuitry is further configured to detect a contact size of the human hand on the display, which is larger than a contact size of the human finger on the display
Claim 22
U.S. Patent No. 12164749 B2
wherein the circuitry is further configured to detect a contact size of the operation object on the display.
Claim 2: wherein the circuitry is further configured to detect a contact size of the human hand on the display, which is larger than a contact size of the human finger on the display
Claim 23
U.S. Patent No. 12164749 B2
wherein the circuitry is further configured to detect a contact size of the single human finger on the display, the contact size being larger than the second size.
Claim 3: wherein the circuitry is further configured to detect a contact size of the human finger on the display, the contact size being larger than the second size.
Claim 24
U.S. Patent No. 12164749 B2
wherein the circuitry is further configured to perform the first process, which corresponds to reproducing image content.
Claim 4: wherein the circuitry is further configured to perform the first process, which corresponds to reproducing image content.
Claim 25
U.S. Patent No. 12164749 B2
wherein the first icon is displayed in a first area and the plurality of second icons are displayed in a second area, and a size of the first area is identical to a size of the second area.
Claim 5: wherein the first icon is displayed in a first area and the plurality of second icons are displayed in a second area, and a size of the first area is identical to a size of the second area.
Claim 26
U.S. Patent No. 12164749 B2
A non-transitory computer-readable medium encoded with computer- readable instructions that, when executed by processing circuitry, cause the processing circuitry to perform an information processing method, comprising:
Claim 6: A non-transitory computer-readable medium encoded with computer-readable instructions that, when executed by processing circuitry, cause the processing circuitry to perform an information processing method, comprising
causing the display to display a first icon and a plurality of second icons, the first icon being displayed in a first size, the plurality of second icons each being displayed in a second size smaller than the first size, and each being displayed in a unit of a group
Claim 6: causing the display to display a first icon and a plurality of second icons, the first icon being displayed in a first size, the plurality of second icons each being displayed in a second size smaller than the first size, and each being displayed in a unit of a group,
performing a first process corresponding to the first icon in a case that a touch operation to the first icon is input by only a single human finger,
Claim 6: performing a first process corresponding to the first icon in a case that a touch operation to the first icon is input by a human finger,
causing the display to display the plurality of second icons enlarged in a case that a touch operation to the plurality of second icons is input by only the single human finger,
Claim 6: causing the display to display the plurality of second icons enlarged in a case that a touch operation to the plurality of second icons is input by the human finger,
causing the display to display a first image including the first icon with display magnification in case that a touch operation on the display is input by a an operation object that is larger than the single human finger.
Claim 6: causing the display to display a first image including the first icon with display magnification in case that a touch operation on the display is input by a human hand.
Claim 7: wherein a contact size of the human hand on the display is larger than a contact size of the human finger on the display.
Claim 27
U.S. Patent No. 12164749 B2
detecting a contact size of the operation object on the display.
Claim 7: wherein a contact size of the human hand on the display is larger than a contact size of the human finger on the display
Claim 2: wherein the circuitry is further configured to detect a contact size of the human hand on the display, which is larger than a contact size of the human finger on the display
Claim 28
U.S. Patent No. 12164749 B2
further comprising detecting a contact size of the single human finger on the display, the contact size being larger than the second size.
Claim 8: wherein a contact size of the human finger on the display is larger than the second size
Claim 3: wherein the circuitry is further configured to detect a contact size of the human finger on the display, the contact size being larger than the second size.
Claim 29
U.S. Patent No. 12164749 B2
wherein the first process corresponds to reproducing image content
Claim 9: wherein the first process corresponds to reproducing image content
Claim 30
U.S. Patent No. 12164749 B2
wherein the first icon is displayed in a first area and the plurality of second icons are displayed in a second area, and a size of the first area is identical to a size of the second area.
Claim 10: wherein the first icon is displayed in a first area and the plurality of second icons are displayed in a second area, and a size of the first area is the same as a size of the second area
5. Claims 21-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11747958 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because each of claims 21-30 are anticipated by claims 1-10 of U.S. Patent No. 11747958 B2.
Claim 21
U.S. Patent No. 11747958 B2
An information processing apparatus, comprising: a display; and circuitry configured to
Claim 1: An information processing apparatus, comprising: a display; and circuitry configured to:
cause the display to display a first icon and a plurality of second icons, the first icon being displayed in a first size, the plurality of second icons each being displayed in a second size smaller than the first size, and each being displayed in a unit of a group,
Claim 1: display a first image on the display, the first image comprising at least a second image and a plurality of third images, the second image being displayed in a first size and being displayed in a first area on the display, the plurality of third images each being displayed in a second size smaller than the first size and each being displayed in a unit of a group in a second area on the display
perform a first process corresponding to the first icon in a case that a touch operation to the first icon is input by only a single human finger,
Claim 1: in a case that the object is a human finger, determine and perform a process depending on the contact position, the process being one of: a first process in a case that the object is the human finger and the contact position is determined to be in the first area, the first process corresponding to the second image
cause the display to display the plurality of second icons enlarged in a case that a touch operation to the plurality of second icons is input by only the single human finger,
Claim 1: a second process in a case that the object is the human finger and the contact position is determined to be in the second area, the second process corresponding to selecting the second area and displaying the plurality of third images enlarged
cause the display to display a first image including the first icon with display magnification in case that a touch operation on the display is input by an operation object that is larger than the single human finger.
Claim 1: and in a case that the object is a human hand, perform a third process, the third process corresponding to displaying at least a portion of the first image with display magnification
Claim 2: wherein a contact size of the human hand on the display is larger than a contact size of the human finger on the display
Claim 22
U.S. Patent No. 11747958 B2
wherein the circuitry is further configured to detect a contact size of the operation object on the display.
Claim 1: determine a contact size and a contact position of an object on the display in response to a touch operation input by the object on the display;
Claim 23
U.S. Patent No. 11747958 B2
wherein the circuitry is further configured to detect a contact size of the single human finger on the display, the contact size being larger than the second size.
Claim 1: determine a contact size and a contact position of an object on the display in response to a touch operation input by the object on the display; Claim 3: wherein the contact size of the human finger on the display is larger than the second size
Claim 24
U.S. Patent No. 11747958 B2
wherein the circuitry is further configured to perform the first process, which corresponds to reproducing image content.
Claim 1: perform a process depending on the contact position, the process being one of: a first process; Claim 4: wherein the first process corresponds to reproducing image content
Claim 25
U.S. Patent No. 11747958 B2
wherein the first icon is displayed in a first area and the plurality of second icons are displayed in a second area, and a size of the first area is identical to a size of the second area.
Claim 1: display a first image on the display, the first image comprising at least a second image and a plurality of third images, the second image being displayed in a first size and being displayed in a first area on the display, the plurality of third images each being displayed in a second size smaller than the first size and each being displayed in a unit of a group in a second area on the display
Claim 5: wherein a size of the first area is same as a size of the second area
Claim 26
U.S. Patent No. 11747958 B2
A non-transitory computer-readable medium encoded with computer- readable instructions that, when executed by processing circuitry, cause the processing circuitry to perform an information processing method, comprising:
Claim 6: A non-transitory computer-readable medium encoded with computer-readable instructions that, when executed by processing circuitry, cause the processing circuitry to perform an information processing method, comprising
causing the display to display a first icon and a plurality of second icons, the first icon being displayed in a first size, the plurality of second icons each being displayed in a second size smaller than the first size, and each being displayed in a unit of a group
Claim 6: displaying a first image on a display, the first image comprising at least a second image and a plurality of third images, the second image being displayed in a first size and being displayed in a first area on the display, the plurality of third images each being displayed in a second size smaller than the first size and each being displayed in a unit of a group in a second area on the display
performing a first process corresponding to the first icon in a case that a touch operation to the first icon is input by only a single human finger,
Claim 6: in a case that the object is a human finger, determining and performing a process depending on the contact position, the process being one of: a first process in a case that the object is the human finger and the contact position is determined to be in the first area, the first process corresponding to the second image
causing the display to display the plurality of second icons enlarged in a case that a touch operation to the plurality of second icons is input by only the single human finger,
Claim 6: a second process in a case that the object is the human finger and the contact position is determined to be in the second area, the second process corresponding to selecting the second area and displaying the plurality of third images enlarged
causing the display to display a first image including the first icon with display magnification in case that a touch operation on the display is input by an operation object that is larger than the single human finger.
Claim 6: and in a case that the object is a human hand, performing a third process, the third process corresponding to displaying at least a portion of the first image with display magnification
Claim 7: wherein a contact size of the human hand on the display is larger than a contact size of the human finger on the display
Claim 27
U.S. Patent No. 11747958 B2
detecting a contact size of the operation object on the display.
Claim 6: determining a contact size and a contact position of an object on the display in response to a touch operation input by the object on the display
Claim 28
U.S. Patent No. 11747958 B2
further comprising detecting a contact size of the single human finger on the display, the contact size being larger than the second size.
Claim 6: determining a contact size and a contact position of an object on the display in response to a touch operation input by the object on the display
Claim 8: wherein the contact size of the human finger on the display is larger than the second size
Claim 29
U.S. Patent No. 11747958 B2
wherein the first process corresponds to reproducing image content
Claim 9: wherein the first process corresponds to reproducing image content
Claim 30
U.S. Patent No. 11747958 B2
wherein the first icon is displayed in a first area and the plurality of second icons are displayed in a second area, and a size of the first area is identical to a size of the second area.
Claim 6: displaying a first image on a display, the first image comprising at least a second image and a plurality of third images, the second image being displayed in a first size and being displayed in a first area on the display, the plurality of third images each being displayed in a second size smaller than the first size and each being displayed in a unit of a group in a second area on the display
Claim 10: wherein a size of the first area is same as a size of the second area
6. Claims 21-24 and 26-29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 7-10 of U.S. Patent No. 10007401 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because each of claims 21-24 and 26-29 are anticipated by claims 1-4 and 7-10 of U.S. Patent No. 10007401 B2.
Claim 21
U.S. Patent No. 10007401 B2
An information processing apparatus, comprising: a display; and circuitry configured to
Claim 1: An information processing apparatus, comprising: a display; and circuitry configured to
cause the display to display a first icon and a plurality of second icons, the first icon being displayed in a first size, the plurality of second icons each being displayed in a second size smaller than the first size, and each being displayed in a unit of a group,
Claim 1: display a menu screen on the display, the menu screen comprising at least a first operation target and a plurality of second operation targets, the first operation target having a first size and being displayed in a first area of the menu screen, the plurality of second operation targets each having a second size smaller than the first size and each being displayed in a unit of a group in a second area of the menu screen
perform a first process corresponding to the first icon in a case that a touch operation to the first icon is input by only a single human finger,
Claim 1: determine a contact size and a contact position of an object on the menu screen in response to a touch operation input by the object on the menu screen, in a case that the contact size is determined to be the first size, determine a process depending on the contact position, the process including a first process in a case where the contact size is determined to be a first contact size and the contact position is determined to be in the first area, the first process corresponding to the first operation target; Claim 2: wherein the first contact size corresponds to a size of an operation input by a human finger;
cause the display to display the plurality of second icons enlarged in a case that a touch operation to the plurality of second icons is input by only the single human finger,
Claim 1: a second process in a case where the contact is determined to be the first contact size and the contact position is determined to be in the second area, the second process corresponding to selecting the second area and displaying the plurality of second operation targets enlarged without performing a predetermined function corresponding to each of the second operation targets; Claim 2: wherein the first contact size corresponds to a size of an operation input by a human finger
cause the display to display a first image including the first icon with display magnification in case that a touch operation on the display is input by an operation object that is larger than the single human finger.
Claim 1: and in a case that the contact size is determined to be a second contact size that is larger than the first contact size, perform a third process the third process corresponding to changing a magnification of all items of the menu screen; Claim 3: wherein the second contact size corresponds to a size of an operation input provided by a human hand
Claim 22
U.S. Patent No.
wherein the circuitry is further configured to detect a contact size of the operation object on the display.
Claim 1: determine a contact size and a contact position of an object on the menu screen in response to a touch operation input by the object on the menu screen
Claim 23
U.S. Patent No. 10007401 B2
wherein the circuitry is further configured to detect a contact size of the single human finger on the display, the contact size being larger than the second size.
Claim 1: the plurality of second operation targets each having a second size smaller than the first size…determine a contact size and a contact position of an object on the menu screen in response to a touch operation input by the object on the menu screen, in a case that the contact size is determined to be the first size; Claim 2: wherein the first contact size corresponds to a size of an operation input by a human finger
Claim 24
U.S. Patent No. 10007401 B2
wherein the circuitry is further configured to perform the first process, which corresponds to reproducing image content.
Claim 4: wherein the first process corresponds to reproducing image content
Claim 26
U.S. Patent No. 10007401 B2
A non-transitory computer-readable medium encoded with computer- readable instructions that, when executed by processing circuitry, cause the processing circuitry to perform an information processing method, comprising:
Claim 7: A non-transitory computer-readable medium encoded with computer-readable instructions thereon that, when executed by a computer, cause the computer to perform a method comprising:
causing the display to display a first icon and a plurality of second icons, the first icon being displayed in a first size, the plurality of second icons each being displayed in a second size smaller than the first size, and each being displayed in a unit of a group
Claim 7: displaying a menu screen on a display, the menu screen comprising at least a first operation target and a plurality of second operation targets, the first operation target having a first size and being displayed in a first area of the menu screen, the plurality of second operation targets each having a second size smaller than the first size and each being displayed in a unit of a group in a second area of the menu screen
performing a first process corresponding to the first icon in a case that a touch operation to the first icon is input by only a single human finger,
Claim 7: determining a contact size and a contact position of an object on the menu screen in response to a touch operation input by the object on the menu screen; in a case that the contact size is determined to be the first size, determining a process depending on the contact position, the process including a first process in a case where the contact size is determined to be a first contact size and the contact position is determined to be in the first area, the first process corresponding to the first operation target; Claim 8: wherein the first contact size corresponds to a size of an operation input by a human finger
causing the display to display the plurality of second icons enlarged in a case that a touch operation to the plurality of second icons is input by only the single human finger,
Claim 7: second process in a case where the contact is determined to be the first contact size and the contact position is determined to be in the second area, the second process corresponding to selecting the second area and displaying the plurality of second operation targets enlarged without performing a predetermined function corresponding to each of the second operation targets; Claim 8: wherein the first contact size corresponds to a size of an operation input by a human finger
causing the display to display a first image including the first icon with display magnification in case that a touch operation on the display is input by a an operation object that is larger than the single human finger.
Claim 7: and performing a third process in a case where the contact size is determined to be a second contact size that is larger than the first contact size, the third process corresponding to changing a magnification of all items of the menu screen; Claim 9: wherein the second contact size corresponds to a size of an operation input provided by a human hand
Claim 27
U.S. Patent No. 10007401 B2
detecting a contact size of the operation object on the display.
Claim 7: determining a contact size and a contact position of an object on the menu screen in response to a touch operation input by the object on the menu screen; the contact size is determined to be a second contact size that is larger than the first contact size; Claim 8: wherein the first contact size corresponds to a size of an operation input by a human finger; Claim 9: wherein the second contact size corresponds to a size of an operation input provided by a human hand
Claim 28
U.S. Patent No. 10007401 B2
further comprising detecting a contact size of the single human finger on the display, the contact size being larger than the second size.
Claim 7: the plurality of second operation targets each having a second size smaller than the first size…determining a contact size and a contact position of an object on the menu screen in response to a touch operation input by the object on the menu screen; in a case that the contact size is determined to be the first size; Claim 8: wherein the first contact size corresponds to a size of an operation input by a human finger
Claim 29
U.S. Patent No. 10007401 B2
wherein the first process corresponds to reproducing image content.
Claim 10: wherein the first process corresponds to reproducing image content
Claims NOT Rejected Over the Prior Art
7. Prior art rejections have not been provided for claims 21-30 as these claims contain subject matter not disclosed or suggested in the prior art of record. However, these claims stand rejected under Double Patenting and therefore are not allowable.
The prior art of record fails to disclose, alone or in combination, cause the display to display a first icon and a plurality of second icons, the first icon being displayed in a first size, the plurality of second icons each being displayed in a second size smaller than the first size, and each being displayed in a unit of a group, perform a first process corresponding to the first icon in a case that a touch operation to the first icon is input by only a single human finger, cause the display to display the plurality of second icons enlarged in a case that a touch operation to the plurality of second icons is input by only the single human finger, cause the display to display a first image including the first icon with display magnification in case that a touch operation on the display is input by an operation object that is larger than the single human finger, as recited in claim 21 and similarly recited in claim 26, in combination with the other elements recited.
A number of cited prior art references teach related subject matter. For example, see at least Wang et al. (US 2012/0299860 A1) Abstract and Figs. 6A-7D, Ng et al. (US 2011/0057886 A1) Abstract, Weber et al. (US 2010/0302212 A1) Abstract and Figs. 3A-3B, Jonsdottir (US 2010/0066694 A1) Figs. 6A-6E, Huck (US 2014/0049499 A1) Abstract and Fig. 7A-7D, Oksanen (2010/0265185 A1), and Cantrell (US 2013/0120278 A1) Abstract and Fig. 11. However, none of the cited prior art references, alone or in combination, teach or suggest the combination of subject matter as recited in claims 21 and 26.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS S ULRICH whose telephone number is (571)270-1397. The examiner can normally be reached M-F 8-4.
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/Nicholas Ulrich/Primary Examiner, Art Unit 2173
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