Prosecution Insights
Last updated: April 18, 2026
Application No. 18/978,811

ACTIVE PEN AND SENSOR CONTROLLER THAT USE DATA GENERATED FROM IDENTIFICATION DATA

Final Rejection §103§112
Filed
Dec 12, 2024
Examiner
BOCAR, DONNA V
Art Unit
2621
Tech Center
2600 — Communications
Assignee
Wacom Co. Ltd.
OA Round
5 (Final)
58%
Grant Probability
Moderate
6-7
OA Rounds
2y 7m
To Grant
77%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
212 granted / 367 resolved
-4.2% vs TC avg
Strong +19% interview lift
Without
With
+19.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
35 currently pending
Career history
402
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
56.8%
+16.8% vs TC avg
§102
22.5%
-17.5% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 367 resolved cases

Office Action

§103 §112
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 . Claim 1 is amended. Claims 1-8 are currently under review. No claims have been cancelled or added. Response to Arguments Applicant's arguments filed March 16, 2026 have been fully considered but they are not persuasive. The Applicant argues on page 6 of the remarks that Watanabe’s communication channels 700, 701, 702 do not teach or suggest “the one or more multi uplink signals form the uplink signal along a time axis, the uplink signal configured to be received by each of the detected one or more active pens, and wherein a time length of the uplink signal is greater as a number of the detected one or more active pens increases” and that an uplink signal formed of one or more multi uplink signals is not received by each of the detected one or more pens. The Applicant further argues at the top of page 7 of the remarks that Watanabe does not teach the amended limitations, that a combination of the first signal and the second signal is “received by each of the detected one or more active pens”. Figure 15B and 15C of the instant application shows that each multi uplink signal is received only by pens having identification data corresponding to the corresponding data of the multi uplink signal, contradicting the claim amendments, therefore a 35 U.S.C. 112(a) rejection applies. An interview was conducted with Shoko Leek on Monday March 30, 2026. The Office informed the Applicant that the limitations are broad for interpretation and suggested the claims be clarified to indicate that an uplink signal comprises a command signal and one or more multi uplink signals, wherein the command signal detects the one or more active pens and the one or more multi uplink signals identifies the detected one or more active pens. No agreement was reached. After further consideration it appears that Watanabe teaches the same in fig. 7A, where the signal transmitted in communication channel 700 by the sensor corresponds to a command signal, the signal transmitted in communication channel 701 by the sensor corresponds to a multi uplink signal of a pen, and the signal transmitted in communication channel 702 by the sensor corresponds to a multi uplink signal of another pen such that the one or more multi uplink signals form the uplink signal along a time axis due to the communication channels formed along a time axis. Please note that the claims do not prohibit the downlink signals to be transmitted from the pens to the sensor within each communication channel. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph 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. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: 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 of carrying out his invention. Claim 1 and its dependents claims 2-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claim limitations indicate “the uplink signal configured to be received by each of the detected one or more active pens” however figures 15B and 15C shows that a multi uplink signal is comprised of corresponding data #1 and corresponding data #2 where the corresponding data corresponds to identification data of a pen. Therefore a multi uplink signal is only received by pens with the corresponding identification data. For the purposes of examination the Office will interpret the claims “the uplink signal configured to be received by each of the detected one or more active pens” as “the uplink signal configured to be received by the detected one or more active pens”. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1 and 3-4 are rejected under 35 U.S.C. 103 as being obvious over Chang et al. (Pub. No.: US 2020/0064940 A1) hereinafter referred to as Chang in view of Watanabe (Pub. No.: US 2016/0299583 A1) as cited on the IDS dated 12/12/2024. The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02. With respect to Claim 1, Chang teaches a sensor controller (fig. 1, item 130; ¶172) configured to: detect one or more active pens (¶175-176), and transmit an uplink signal including one or more multi uplink signals for identifying the detected one or more active pens (¶217, uplink signal = beacon signal or any signal transmitted from the sensor controller; ¶566, “the touch sensitive processing apparatus 130 may transmit multiple beacon signals for the styli 111” and provisional 62/055,995 page 6– the uplink signal includes each beacon signal for the multiple active stylus), wherein the one or more multi-uplink signals form the uplink signal along a time axis (¶567, “multiple modulations of beacon signal for multiple groups of styli 111” = form the uplink signal along a time axis/within a time period), and wherein a length of the uplink signal is greater as a number of the detected one or more active pens increases (¶293; ¶566, “the touch sensitive processing apparatus 130 may transmit multiple beacon signals for the styli 111. The beacon signals are modulated differently. For example, the modulation of these beacon signals may be varied in frequency, phase, amplitude and etc. Therefore each of the styli 111 can listen to its designated beacon signal” – also see provisional 62/055,995 page 6 “If it is required to operate multiple active styluses on a touch sensitive panel, which may emit different beacon signals corresponding to different active stylus such that each of active stylus emit electric signal in response to received corresponding beacon signal within a time period”; ¶567, “, In each modulation of beacon signal, multiple combinations of stylus identifications and designated turnaround timer periods or time slots may be included.” –the length of the set = based on the number of active pens and the time slots). Although Chang teaches that for multiple active styluses, different beacon signals corresponding to different active stylus are emitted within a time period and that the different beacon signals may be corresponding to different frequencies or modulations, Chang does not explicitly mention the uplink signal configured to be received by each of the detected one or more active pens; wherein a time length of the uplink signal is greater as a number of the detected one or more active pens increases. Watanabe teaches a sensor controller (figs. 1-2, item 200) configured to: detect one or more active pens (¶74); and transmit an uplink signal including one or more multi uplink signals for identifying the detected one or more active pens (fig. 4A to 4D; ¶53, “The transmission unit 211 generates an uplink signal US corresponding to any of various packets (e.g., a discovery packet D_UP, a configuration information request packet CD_UP, a channel change request packet CC_UP, and an operation state request packet OD_UP) supplied from the stylus detection unit 215”; ¶74), wherein the one or more multi uplink signals form the uplink signal along a time axis (figs 4A to 4D; figs. 7A and 7C, item 700, 701, and 702), the uplink signal configured to be received by each of the detected one or more active pens (¶84-87), and wherein a time length of the uplink signal is greater as a number of uplink signals increases (fig. 7C, if only one pen is detected, the sensor controller only emits at 700 and 701, if two pens are detected, the sensor controller emits at 700, 701, and 702; ¶53; ¶55, “The stylus detection unit 215 and the stylus 100 use the allocated communication channel to perform transmission and reception of various packets depicted in FIGS. 4A to 4D”; ¶57, “The sensor controller 200 transmits a discovery packet D_UP including identification information of the sensor controller 200 in a slot after every predetermined period of time (for example, in a slot after every eight time slots)”; ¶82, “A time slot s may be a transmission time period or a reception time period, or a combination of both a transmission time period and a reception time period.”; ¶88). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the sensor controller of Chang, such that the uplink signal is configured to be received by each of the detected one or more active pens; wherein a time length of the uplink signal is greater as a number of the detected one or more active pens increases, as taught by Watanabe so as to minimize communication resources by identifying styli by assigned time slots (¶9-10; ¶16). With respect to Claim 3, claim 1 is incorporated, Chang teaches wherein the one or more uplink signals includes corresponding data corresponding to identification data of the detected one or more active pens (¶565, “the beacon signal may further include an identification corresponding to one of the styli 111 and a turnaround time period … the touch sensitive processing apparatus 130 may emit a beacon signal with multiple combinations of stylus identifications and designated turnaround time periods or time slots”; ¶567; 62/180,272 – bottom of page 2). With respect to Claim 4, claim 3 is incorporated, Chang teaches wherein the corresponding data is a data of a given length generated from applying defined processing to the identification data (¶560, “The status or any other information such as a unique identification code of the stylus 111 to be sent to the touch sensitive processing apparatus 130 may be treated as data codes shown in FIG. 30. The data codes to be sent and the first PN code may be modulated by the controller 3310”, applying defined processing to the identification data = identification code that is treated as data codes that are modulated by the controller; continuation of 15/184,286 = US2016/0370947 – see ¶34, “the active stylus 111 or 112 may be commanded to code the sensing values from each sensor thereon to the data code mentioned above. The so-called sensing value of a sensor may … serial number of stylus … Then, the active stylus 111 or 112 codes the data code(s) mentioned above to carrier signal(s) by the process of spread spectrum according to certain a PN code”). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 2 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Chang and Watanabe as applied to claims 1 and 4 above, and further in view of Qiao (Pub. No.: US 2017/0262084 A1). With respect to Claim 2, claim 1 is incorporated, Chang and Watanabe combined do not mention further configured to transmit a command signal including a command before transmitting the uplink signal. Qiao teaches an interactive display (fig. 1A, item 102) comprising: a processor (fig. 1A, item 108; ¶9); the processor configured to detect one or more active pens (¶10, “Touch sensor 112 may also be used to form electrostatic links between interactive display 102 and styluses 104, such as an electrostatic link 114 formed between a conductive element (e.g., electrode tip) of a stylus 104A and the touch sensor, i.e., electrode-to-electrode capacitive coupling. Various suitable data/signals may be transmitted along electrostatic link 114, including but not limited to information (e.g., capacitance measurements) that enables determination of one or more coordinates (e.g., x, y-coordinates) of stylus 104A relative to interactive display 102”; ¶11); and transmit an uplink signal for identifying the detected one or more active pens (fig. 3, item 334; ¶45; uplink signal = acknowledgement packet), the processor further configured to transmit a command signal including a command before transmitting the uplink signal (fig. 3, item 308; ¶37; command = broadcast packet). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined sensor controller of Chang and Watanabe, to be further configured to transmit a command signal including a command before transmitting the uplink signal, as taught by Qiao so as to improve user experience when using multiple styluses by minimizing stylus interference and enabling robust pairing (¶7; ¶8). With respect to Claim 5, claim 4 is incorporated, Although Chang teaches the multi uplink signal is configured to store a PN code, Chang and Watanabe combined do not explicitly teach wherein each of the one or more multi uplink signals is configured to be capable of storing two units of the corresponding data. Qiao teaches an interactive display (fig. 1A, item 102) comprising: a processor (fig. 1A, item 108; ¶9); the processor configured to detect one or more active pens (¶10, “Touch sensor 112 may also be used to form electrostatic links between interactive display 102 and styluses 104, such as an electrostatic link 114 formed between a conductive element (e.g., electrode tip) of a stylus 104A and the touch sensor, i.e., electrode-to-electrode capacitive coupling. Various suitable data/signals may be transmitted along electrostatic link 114, including but not limited to information (e.g., capacitance measurements) that enables determination of one or more coordinates (e.g., x, y-coordinates) of stylus 104A relative to interactive display 102”; ¶11); and transmit an uplink signal for identifying the detected one or more active pens (fig. 3, item 334; ¶45; uplink signal = acknowledgement packet), wherein each of the one or more multi uplink signals is configured to be capable of storing two units of the corresponding data (¶15; ¶18, “Once paired, interactive display 102 may include the stylus identifier corresponding to stylus 1041) in subsequent broadcast packets while the stylus remains paired”- three slots are available and therefore the multi uplink signal is capable of storing at least two units of corresponding data). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined sensor controller of Chang and Watanabe, wherein each of the one or more multi uplink signals is configured to be capable of storing two units of the corresponding data, as taught by Qiao so as to improve user experience when using multiple styluses by minimizing stylus interference and enabling robust pairing (¶7; ¶8). With respect to Claim 6, claim 5 is incorporated, Chang and Watanabe combined do not teach wherein, in a case the number of the detected one or more active pens is n-1 or n (n is an even natural number), the one or more uplinks signal include n/2 multi uplink signals. Qiao teaches an interactive display (fig. 1A, item 102) comprising: a processor (fig. 1A, item 108; ¶9); the processor configured to detect one or more active pens (¶10, “Touch sensor 112 may also be used to form electrostatic links between interactive display 102 and styluses 104, such as an electrostatic link 114 formed between a conductive element (e.g., electrode tip) of a stylus 104A and the touch sensor, i.e., electrode-to-electrode capacitive coupling. Various suitable data/signals may be transmitted along electrostatic link 114, including but not limited to information (e.g., capacitance measurements) that enables determination of one or more coordinates (e.g., x, y-coordinates) of stylus 104A relative to interactive display 102”; ¶11); and transmit an uplink signal for identifying the detected one or more active pens (fig. 3, item 334; ¶45; uplink signal = acknowledgement packet or any signal transmitted from the interactive display), wherein the uplink signal includes one or more multi uplink signals (fig. 3, one or more multi uplink signals = includes a broadcast packet; ¶15), wherein, in a case the number of the detected one or more active pens is n-1 or n (n is an even natural number) (¶16, “While three stylus communications slots are described herein as an example, any suitable number of slots may be implemented” – in this case there are four detected pens and four stylus communication slots), the one or more multi uplink signals include n/2 multi uplink signals (fig. 3, the multi uplink signals are the broadcast packet and the acknowledgement packet; 4/2 = 2 multi uplink signals). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined sensor controller of Chang and Watanabe, wherein, in a case the number of the detected one or more active pens is n-1 or n (n is an even natural number), the one or more multi uplink signals include n/2 multi uplink signals, as taught by Qiao so as to improve user experience when using multiple styluses by minimizing stylus interference and enabling robust pairing (¶7; ¶8). With respect to Claim 7, claim 5 is incorporated, Chang and Watanabe combined do not teach wherein the one or more multi uplink signals include a first multi uplink signal and a second multi uplink signal, and the first multi uplink signal includes flag information indicative of whether the second multi up signal follows or not. Qiao teaches an interactive display (fig. 1A, item 102) comprising: a processor (fig. 1A, item 108; ¶9); the processor configured to detect one or more active pens (¶10, “Touch sensor 112 may also be used to form electrostatic links between interactive display 102 and styluses 104, such as an electrostatic link 114 formed between a conductive element (e.g., electrode tip) of a stylus 104A and the touch sensor, i.e., electrode-to-electrode capacitive coupling. Various suitable data/signals may be transmitted along electrostatic link 114, including but not limited to information (e.g., capacitance measurements) that enables determination of one or more coordinates (e.g., x, y-coordinates) of stylus 104A relative to interactive display 102”; ¶11); and transmit an uplink signal for identifying the detected one or more active pens (fig. 3, item 334; ¶45; uplink signal = acknowledgement packet or any signal transmitted from the interactive display), wherein the uplink signal includes one or more multi uplink signals (fig. 3, one or more multi uplink signals = includes a broadcast packet; ¶15), wherein the one or more multi uplink signals include a first multi uplink signal (fig. 3, item 308; ¶14, “the broadcast packet may be configured to trigger transmission of a pairing request from a stylus 104 if the broadcast packet indicates a stylus communication slot is available. Conversely, the broadcast packet may be configured to prevent such triggering if the packet indicates no availability, i.e., that all slots are full. At the stylus side, the stylus may be configured to delay transmission of any pairing request until it receives a broadcast packet indicating a slot is available” – therefore if no slots are available a pairing request is delayed/the multi uplink signal does not follow – the first multi uplink signal indicates that one stylus is paired and two slots are available) and a second multi uplink signal (subsequent/updated broadcast packet) , and the first multi uplink signal includes flag information indicative of whether the second multi up signal follows or not (¶15, “the broadcast packet may indicate whether or not each stylus communication slot is available via a bit flag” – the second multi uplink signal indicates that two styli are paired and one slot is available). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined sensor controller of Chang and Watanabe, wherein the one or more multi uplink signals include a first multi uplink signal and a second multi uplink signal, and the first multi uplink signal includes flag information indicative of whether the second multi up signal follows or not, as taught by Qiao so as to improve user experience when using multiple styluses by minimizing stylus interference and enabling robust pairing (¶7; ¶8). With respect to Claim 8, claim 2 is incorporated, Chang and Watanabe combined not teach wherein the command signal includes flag information indicative of whether the one or more multi uplink signals follow or not. Qiao teaches an interactive display (fig. 1A, item 102) comprising: a processor (fig. 1A, item 108; ¶9); the processor configured to detect one or more active pens (¶10, “Touch sensor 112 may also be used to form electrostatic links between interactive display 102 and styluses 104, such as an electrostatic link 114 formed between a conductive element (e.g., electrode tip) of a stylus 104A and the touch sensor, i.e., electrode-to-electrode capacitive coupling. Various suitable data/signals may be transmitted along electrostatic link 114, including but not limited to information (e.g., capacitance measurements) that enables determination of one or more coordinates (e.g., x, y-coordinates) of stylus 104A relative to interactive display 102”; ¶11); and transmit an uplink signal for identifying the detected one or more active pens (fig. 3, item 334; ¶45), the processor further configured to transmit a command signal including a command before transmitting the uplink signal (fig. 3, item 308; ¶37; command = broadcast packet); wherein the command signal includes flag information indicative of whether one or more multi uplink signals follow or not (¶15, “the broadcast packet may indicate whether or not each stylus communication slot is available via a bit flag or other indication”). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined sensor controller of Chang and Watanabe, wherein the command signal includes flag information indicative of whether the one or more multi uplink signals follow or not, as taught by Qiao so as to improve user experience when using multiple styluses by minimizing stylus interference and enabling robust pairing (¶7; ¶8). Conclusion THIS ACTION IS MADE FINAL. 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 DONNA V Bocar whose telephone number is (571)272-0955. The examiner can normally be reached Monday - Friday 8:30am to 5pm EST. 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, Amr A Awad can be reached at (571)272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DONNA V Bocar/Examiner, Art Unit 2621
Read full office action

Prosecution Timeline

Dec 12, 2024
Application Filed
Feb 05, 2025
Non-Final Rejection — §103, §112
May 05, 2025
Response Filed
May 14, 2025
Examiner Interview Summary
May 14, 2025
Examiner Interview (Telephonic)
May 28, 2025
Non-Final Rejection — §103, §112
Aug 26, 2025
Response Filed
Sep 08, 2025
Final Rejection — §103, §112
Nov 09, 2025
Interview Requested
Nov 17, 2025
Applicant Interview (Telephonic)
Nov 17, 2025
Examiner Interview Summary
Nov 24, 2025
Request for Continued Examination
Dec 03, 2025
Response after Non-Final Action
Dec 19, 2025
Non-Final Rejection — §103, §112
Mar 06, 2026
Interview Requested
Mar 13, 2026
Applicant Interview (Telephonic)
Mar 13, 2026
Examiner Interview Summary
Mar 16, 2026
Response Filed
Mar 30, 2026
Examiner Interview (Telephonic)
Apr 02, 2026
Final Rejection — §103, §112 (current)

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Prosecution Projections

6-7
Expected OA Rounds
58%
Grant Probability
77%
With Interview (+19.4%)
2y 7m
Median Time to Grant
High
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