Prosecution Insights
Last updated: May 29, 2026
Application No. 19/009,778

ONLINE TUNING OF A TOUCH DEVICE PROCESSING ALGORITHM

Non-Final OA §103§DOUBLEPATENT
Filed
Jan 03, 2025
Priority
Mar 08, 2023 — continuation of 12/216,854
Examiner
MARTINEZ QUILES, IVELISSE
Art Unit
2626
Tech Center
2600 — Communications
Assignee
Microsoft Technology Licensing, LLC
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
306 granted / 425 resolved
+10.0% vs TC avg
Strong +27% interview lift
Without
With
+27.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
12 currently pending
Career history
446
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
69.5%
+29.5% vs TC avg
§102
3.9%
-36.1% vs TC avg
§112
16.9%
-23.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 425 resolved cases

Office Action

§103 §DOUBLEPATENT
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 . Claims 1-20 are pending in the instant application. Information Disclosure Statement The information disclosure statement (IDS) submitted on 09/26/2025 w is being considered by the examiner. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1, 7, 9, 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Barel et al. (US 20190018527 A1, hereinafter referenced as Barel) in view of Hsu et al. (US 20080284751 A1, hereinafter referenced as Hsu). Regarding Claim 1, Barel teaches a system in a touch device configured to communicate with a pen (see Fig. 1, para. [0031], para. [0035], para. [0038] and para. [0056]. Digitizer system. Digitizer circuit 25 tracks location of stylus 200 and fingertips 46 based on inputs received by digitizer sensor 50. Stylus 200 may be pressure sensitive and may transmit information related to pressure applied on tip 20 as well as other information related to the stylus. Digitizer circuit 25 may demodulate information such as pressure transmitted by stylus 200), the system comprising: an antenna array configured to detect signals (see Fig. 1 digitizer sensor 50, para. [0035]. Digitizer sensor 50 may be a grid based capacitive sensor including conductive lines 58 arranged in a grid that define junctions 56) while the pen is proximate to the touch device (see Fig. 1, para. [0031], para. [0038]. Digitizer circuit 25 may separately sample outputs from conductive lines 58 to detect a signal 26 emitted by stylus 200 and locally picked up by conductive lines 58 near a tip 20 of stylus 200. A transition between stylus hover and stylus touch is detected based on a pressure sensor in the stylus. The digitizer system detects attributes of the stylus signal); and a processing circuit, electrically coupled to the antenna array (see Fig. 1, digitizer circuitry 25 couple to the digitizer sensor 50, para. [0035]-[0036], para. [0039]- [0040]. A digitizer circuit 25 controls operation of digitizer sensor 50 and communicates with host circuit 22. Typically, digitizer circuit 25 tracks location of stylus 200 and fingertips 46 based on inputs received by digitizer sensor 50. Digitizer circuit 25 may alternate between sampling output to detect signal 26 and scanning conductive strips 58 to sense one or more fingertips 46. Digitizer circuitry 25 may use both analog and digital processing to process signals detected with digitizer sensor 50), configured to: calculate signal statistics for the detected signals based on a plurality of interactions between the pen and the antenna array (see para. [0031]-[0033], para. [0047], para. [0049], para. [0056]. Attributes of the stylus signal as detected by the digitizer system during stylus touch provides indication of a presence of a cover film and effective thickness of the cover film. In some examples, one of gain, gradient and phase of the detected stylus signal is compared to stored values. Optionally, presence of a cover film attenuates the gain, decreases the gradient of a peak in output at a stylus touch location and shifts the phase of the stylus signal. A stylus signal is detected (block 1305) and a tip down status is determined (block 1310). Capacitive coupling 605 may be detected by driving a conductive line of a digitizer sensor, e.g. LN2 (block 705) and in response detecting output on one or more neighboring conductive lines (block 710). Optionally, a level of coupling 605 may be determined based on average outputs detected on the neighboring lines, e.g. lines LN1 and LN3. Typically, an average output for a digitizer sensor without an added cover film, for example level 620 may be lower than the average output, for example level 630 detected when a cover film is present); calculate an online tuned parameter based on the detected signals (see Fig. 13, para. [0024], para. [0031]-[0033], para. [0056]. A digitizer system may be tuned and tested for optimized performance. The tuning and testing is typically performed with no cover film placed on the touch-screen. When a transition between stylus hover and stylus touch is detected based on a pressure sensor in the stylus, attributes of the stylus signal as detected by the digitizer system during stylus touch provides indication of a presence of a cover film and effective thickness of the cover film. The digitizer circuit may disable support for one or more modes of operation based on identifying the effective thickness of the cover film. In one example, algorithms supporting detection of a passive stylus may be disabled based on identifying the effective thickness of the cover film. In another example, algorithms supporting detection of a gloved fingertip may be disabled. In yet other examples, capacitive touch detection may be disabled and the digitizer system may only support active stylus detection as long as the cover film is detected. In yet other examples, multi-touch detection may be disabled and only single touch detection may be activated. Optionally, capacitive touch detection may be disabled based on detecting a cover film on the touch-screen having a thickness of about 2 mm or more. In some example implementations, brightness or other illumination properties of the electronic device may be adjusted based on presence of a cover film and option thickness of the cover film to improve visualization of the electronic display. A stylus signal is detected (block 1305) and a tip down status is determined (block 1310). A gain of the stylus signal may be detected and compared to a pre-defined stylus touch threshold corresponding to a level detected with no cover film (block 1320). Optionally, phase of the detected output may also be detected and compared to a pre-defined value. The gain and phase may be inspected (block 1325) to determine effective thickness of the cover film (block 1330). When a cover film is detected, it presence and its thickness may be reported (block 1335). Report may be to the digitizer circuit and may also be to the host. Based on the reporting, operation of the digitizer system may be adjusted to accommodate for changes in the expected signals detected with the digitizer sensor. In some example implementations, stylus position may be corrected based on detected a cover film (block 1340)); and create an online-tuned processing algorithm comprising the online turned parameter to process further signals detected by the antenna array (see para. [0033], para. [0044]-[0045], para. [0047], para. [0049] and para. [0056]. A digitizer circuit may adjust a correction for stylus parallax or may correct for stylus parallax based on detecting a cover film on the touch-screen. A digitizer system is configured to detect a cover film and adjust processing of received input based on the detection of the cover film. Stylus coordinates may also be adjusted based on detecting the cover film. For example, the coordinates may be adjusted to correct for parallax due to heightening of stylus tip touch with respect to the digitizer sensor in the presence of the cover film. When a cover film is detected, it presence and its thickness may be reported. Based on the reporting, operation of the digitizer system may be adjusted to accommodate for changes in the expected signals detected with the digitizer sensor. Based on the reporting, operation of the digitizer system may be adjusted to accommodate for changes in the expected signals detected with the digitizer sensor. In some example implementations, stylus position may be corrected based on detected a cover film). Barel does not explicitly disclose determine that the plurality of interactions satisfies a sample threshold. However, Hsu teaches determine that the plurality of interactions satisfies a sample threshold (see para. [0019], [0045]-[0046] FIG. 4A is a flow chart of the method for identifying the type of an input tool executed by the processor 230 in FIG. 2A. The flow in FIG. 4A identifies the type of the input tool according to the variation range of the contact position. First, at step 410, detect the contact of the input tool. At step 420, record the X, Y coordinates of the contact points at a predetermined sampling time interval. Next, at step 430, check whether the number of samples is enough. If the number of samples satisfies the predetermined threshold of the processor 230, the flow enters step 440. Otherwise the flow returns to step 420 to keep sampling). Barel and Hsu are related to touch panel and stylus, thus one of ordinary skill in the art, before the effective filing date of the claimed invention, would have recognized the obviousness of modifying the system disclosed by Barel with Hsu’s teachings, since it would have provided enough samples to calculate variation ranges on the detected signals. In addition, efficiency of follow-up application is improved, and furthermore the convenience of operating the handheld device is increased (Hsu, abstract, para. [0022], para. [0065]). Regarding Claim 7, Barel and Hsu teach the system of claim 1. Barel further teaches wherein the signal statistics comprise at least one: an average signal gradient between antennas or a mean signal gradient between antennas (see para. [0047] and para. [0049]. A level of coupling 605 may be determined based on average outputs detected on the neighboring lines, e.g. lines LN1 and LN3. Typically, an average output for a digitizer sensor without an added cover film, for example level 620 may be lower than the average output, for example level 630 detected when a cover film is present. The average output may increase with increased thickness). Regarding Claim 9, Barel teaches a method (see para. [0005]. Method) implemented in a touch device comprising an antenna array configured to communicate with a pen (see Fig. 1, para. [0031], para. [0035], para. [0038] and para. [0056]. Digitizer system. Digitizer sensor 50 may be a grid based capacitive sensor including conductive lines 58 arranged in a grid that define junctions 56. Digitizer circuit 25 tracks location of stylus 200 and fingertips 46 based on inputs received by digitizer sensor 50. Stylus 200 may be pressure sensitive and may transmit information related to pressure applied on tip 20 as well as other information related to the stylus. Digitizer circuit 25 may demodulate information such as pressure transmitted by stylus 200), the method comprising: detecting signals, by the antenna array (see Fig. 1 digitizer sensor 50, para. [0035]. Digitizer sensor 50 may be a grid based capacitive sensor including conductive lines 58 arranged in a grid that define junctions 56), while the pen is proximate to the touch device (see Fig. 1, para. [0031], para. [0038]. Digitizer circuit 25 may separately sample outputs from conductive lines 58 to detect a signal 26 emitted by stylus 200 and locally picked up by conductive lines 58 near a tip 20 of stylus 200. A transition between stylus hover and stylus touch is detected based on a pressure sensor in the stylus. The digitizer system detects attributes of the stylus signal); calculating signal statistics for the detected signals based on a plurality of interactions between the pen and the antenna array (see para. [0031]-[0033], para. [0049], para. [0056]. Attributes of the stylus signal as detected by the digitizer system during stylus touch provides indication of a presence of a cover film and effective thickness of the cover film. In some examples, one of gain, gradient and phase of the detected stylus signal is compared to stored values. Optionally, presence of a cover film attenuates the gain, decreases the gradient of a peak in output at a stylus touch location and shifts the phase of the stylus signal. A stylus signal is detected (block 1305) and a tip down status is determined (block 1310). Capacitive coupling 605 may be detected by driving a conductive line of a digitizer sensor, e.g. LN2 (block 705) and in response detecting output on one or more neighboring conductive lines (block 710). Optionally, a level of coupling 605 may be determined based on average outputs detected on the neighboring lines, e.g. lines LN1 and LN3. Typically, an average output for a digitizer sensor without an added cover film, for example level 620 may be lower than the average output, for example level 630 detected when a cover film is present); calculating an online tuned parameter based on the detected signals (see Fig. 13, para. [0024], para. [0031]-[0033], para. [0056]. When a transition between stylus hover and stylus touch is detected based on a pressure sensor in the stylus, attributes of the stylus signal as detected by the digitizer system during stylus touch provides indication of a presence of a cover film and effective thickness of the cover film. The digitizer circuit may disable support for one or more modes of operation based on identifying the effective thickness of the cover film. In one example, algorithms supporting detection of a passive stylus may be disabled based on identifying the effective thickness of the cover film. In another example, algorithms supporting detection of a gloved fingertip may be disabled. In yet other examples, capacitive touch detection may be disabled and the digitizer system may only support active stylus detection as long as the cover film is detected. In yet other examples, multi-touch detection may be disabled and only single touch detection may be activated. Optionally, capacitive touch detection may be disabled based on detecting a cover film on the touch-screen having a thickness of about 2 mm or more. In some example implementations, brightness or other illumination properties of the electronic device may be adjusted based on presence of a cover film and option thickness of the cover film to improve visualization of the electronic display. A stylus signal is detected (block 1305) and a tip down status is determined (block 1310). A gain of the stylus signal may be detected and compared to a pre-defined stylus touch threshold corresponding to a level detected with no cover film (block 1320). Optionally, phase of the detected output may also be detected and compared to a pre-defined value. The gain and phase may be inspected (block 1325) to determine effective thickness of the cover film (block 1330). When a cover film is detected, it presence and its thickness may be reported (block 1335). Report may be to the digitizer circuit and may also be to the host. Based on the reporting, operation of the digitizer system may be adjusted to accommodate for changes in the expected signals detected with the digitizer sensor. In some example implementations, stylus position may be corrected based on detected a cover film (block 1340)); and creating an online-tuned processing algorithm comprising the online turned parameter to process further signals detected by the antenna array (see para. [0033], para. [0044]-[0045], para. [0047], para. [0049] and para. [0056]. A digitizer circuit may adjust a correction for stylus parallax or may correct for stylus parallax based on detecting a cover film on the touch-screen. A digitizer system is configured to detect a cover film and adjust processing of received input based on the detection of the cover film. Stylus coordinates may also be adjusted based on detecting the cover film. For example, the coordinates may be adjusted to correct for parallax due to heightening of stylus tip touch with respect to the digitizer sensor in the presence of the cover film. When a cover film is detected, it presence and its thickness may be reported. Based on the reporting, operation of the digitizer system may be adjusted to accommodate for changes in the expected signals detected with the digitizer sensor. Based on the reporting, operation of the digitizer system may be adjusted to accommodate for changes in the expected signals detected with the digitizer sensor. In some example implementations, stylus position may be corrected based on detected a cover film). Barel does not explicitly disclose determining that the plurality of interactions satisfies a sample threshold. However, Hsu teaches determining that the plurality of interactions satisfies a sample threshold (see para. [0019], [0045]-[0046] FIG. 4A is a flow chart of the method for identifying the type of an input tool executed by the processor 230 in FIG. 2A. The flow in FIG. 4A identifies the type of the input tool according to the variation range of the contact position. First, at step 410, detect the contact of the input tool. At step 420, record the X, Y coordinates of the contact points at a predetermined sampling time interval. Next, at step 430, check whether the number of samples is enough. If the number of samples satisfies the predetermined threshold of the processor 230, the flow enters step 440. Otherwise the flow returns to step 420 to keep sampling). Barel and Hsu are related to touch panel and stylus, thus one of ordinary skill in the art, before the effective filing date of the claimed invention, would have recognized the obviousness of modifying the method disclosed by Barel with Hsu’s teachings, since it would have provided enough samples to calculate variation ranges on the detected signals. In addition, efficiency of follow-up application is improved, and furthermore the convenience of operating the handheld device is increased (Hsu, abstract, para. [0022], para. [0065]). Regarding Claim 15, Barel and Hsu teach the method of claim 9. Barel further teaches wherein the signal statistics comprise at least one: an average signal gradient between antennas or a mean signal gradient between antennas (see para. [0047] and para. [0049]. A level of coupling 605 may be determined based on average outputs detected on the neighboring lines, e.g. lines LN1 and LN3. Typically, an average output for a digitizer sensor without an added cover film, for example level 620 may be lower than the average output, for example level 630 detected when a cover film is present. The average output may increase with increased thickness). Regarding Claim 17, Barel teaches a computer-readable storage medium having program instructions recorded thereon that (see para. [0039]-[0040]. Digitizer circuit 25 includes cover film detection and correction engine 27 that is configured to detect presence of cover film 55, detect a physical attribute of cover film 55 and alter touch detection classifiers or parameters based these detections. In some example embodiments, cover film detection and correction engine 27 includes memory capability or memory access where a first set of classifiers dedicated for classifying touch input without a cover film is stored and a second set of classifiers dedicated for classifying touch input with a cover film is also stored. Optionally, additional sets of classifiers each dedicated for classifying touch with a different type of cover film are also stored and used based on the detected physical attributes of cover film 55), when executed by a processing circuit of a touch device (see Fig. 1, digitizer circuitry 25 couple to the digitizer sensor 50, para. [0035]-[0036], para. [0039]-[0040]. A digitizer circuit 25 controls operation of digitizer sensor 50 and communicates with host circuit 22. Digitizer circuitry 25 may use both analog and digital processing to process signals detected with digitizer sensor 50) that comprises an antenna array (see Fig. 1 digitizer sensor 50, para. [0035]. Digitizer sensor 50 may be a grid based capacitive sensor including conductive lines 58 arranged in a grid that define junctions 56) configured to communicate with a pen (see Fig. 1, stylus 200, para. [0031] and para. [0038]), implement a method (see para. [0005]. Method) comprising: detecting signals, by the antenna array (see Fig. 1 digitizer sensor 50, para. [0035]. Digitizer sensor 50 may be a grid based capacitive sensor including conductive lines 58 arranged in a grid that define junctions 56), while the pen is proximate to the touch device (see Fig. 1, para. [0031], para. [0038]. Digitizer circuit 25 may separately sample outputs from conductive lines 58 to detect a signal 26 emitted by stylus 200 and locally picked up by conductive lines 58 near a tip 20 of stylus 200. A transition between stylus hover and stylus touch is detected based on a pressure sensor in the stylus. The digitizer system detects attributes of the stylus signal); calculating signal statistics for the detected signals based on a plurality of interactions between the pen and the antenna array ((see para. [0031]-[0033], para. [0049], para. [0056]. Attributes of the stylus signal as detected by the digitizer system during stylus touch provides indication of a presence of a cover film and effective thickness of the cover film. In some examples, one of gain, gradient and phase of the detected stylus signal is compared to stored values. Optionally, presence of a cover film attenuates the gain, decreases the gradient of a peak in output at a stylus touch location and shifts the phase of the stylus signal. A stylus signal is detected (block 1305) and a tip down status is determined (block 1310). Capacitive coupling 605 may be detected by driving a conductive line of a digitizer sensor, e.g. LN2 (block 705) and in response detecting output on one or more neighboring conductive lines (block 710). Optionally, a level of coupling 605 may be determined based on average outputs detected on the neighboring lines, e.g. lines LN1 and LN3. Typically, an average output for a digitizer sensor without an added cover film, for example level 620 may be lower than the average output, for example level 630 detected when a cover film is present); calculating an online tuned parameter based on the detected signals(see Fig. 13, para. [0024], para. [0031]-[0033], para. [0056]. When a transition between stylus hover and stylus touch is detected based on a pressure sensor in the stylus, attributes of the stylus signal as detected by the digitizer system during stylus touch provides indication of a presence of a cover film and effective thickness of the cover film. The digitizer circuit may disable support for one or more modes of operation based on identifying the effective thickness of the cover film. In one example, algorithms supporting detection of a passive stylus may be disabled based on identifying the effective thickness of the cover film. In another example, algorithms supporting detection of a gloved fingertip may be disabled. In yet other examples, capacitive touch detection may be disabled and the digitizer system may only support active stylus detection as long as the cover film is detected. In yet other examples, multi-touch detection may be disabled and only single touch detection may be activated. Optionally, capacitive touch detection may be disabled based on detecting a cover film on the touch-screen having a thickness of about 2 mm or more. In some example implementations, brightness or other illumination properties of the electronic device may be adjusted based on presence of a cover film and option thickness of the cover film to improve visualization of the electronic display. A stylus signal is detected (block 1305) and a tip down status is determined (block 1310). A gain of the stylus signal may be detected and compared to a pre-defined stylus touch threshold corresponding to a level detected with no cover film (block 1320). Optionally, phase of the detected output may also be detected and compared to a pre-defined value. The gain and phase may be inspected (block 1325) to determine effective thickness of the cover film (block 1330). When a cover film is detected, it presence and its thickness may be reported (block 1335). Report may be to the digitizer circuit and may also be to the host. Based on the reporting, operation of the digitizer system may be adjusted to accommodate for changes in the expected signals detected with the digitizer sensor. In some example implementations, stylus position may be corrected based on detected a cover film (block 1340)) ; and creating an online-tuned processing algorithm comprising the online turned parameter to process further signals detected by the antenna array (see para. [0033], para. [0044]-[0045], para. [0047], para. [0049] and para. [0056]. A digitizer circuit may adjust a correction for stylus parallax or may correct for stylus parallax based on detecting a cover film on the touch-screen. A digitizer system is configured to detect a cover film and adjust processing of received input based on the detection of the cover film. Stylus coordinates may also be adjusted based on detecting the cover film. For example, the coordinates may be adjusted to correct for parallax due to heightening of stylus tip touch with respect to the digitizer sensor in the presence of the cover film. When a cover film is detected, it presence and its thickness may be reported. Based on the reporting, operation of the digitizer system may be adjusted to accommodate for changes in the expected signals detected with the digitizer sensor. Based on the reporting, operation of the digitizer system may be adjusted to accommodate for changes in the expected signals detected with the digitizer sensor. In some example implementations, stylus position may be corrected based on detected a cover film). Barel does not explicitly disclose determining that the plurality of interactions satisfies a sample threshold. However, Hsu teaches determining that the plurality of interactions satisfies a sample threshold (see para. [0019], [0045]-[0046] FIG. 4A is a flow chart of the method for identifying the type of an input tool executed by the processor 230 in FIG. 2A. The flow in FIG. 4A identifies the type of the input tool according to the variation range of the contact position. First, at step 410, detect the contact of the input tool. At step 420, record the X, Y coordinates of the contact points at a predetermined sampling time interval. Next, at step 430, check whether the number of samples is enough. If the number of samples satisfies the predetermined threshold of the processor 230, the flow enters step 440. Otherwise the flow returns to step 420 to keep sampling). Barel and Hsu are related to touch panel and stylus, thus one of ordinary skill in the art, before the effective filing date of the claimed invention, would have recognized the obviousness of modifying computer-readable storage medium instructions disclosed by Barel with Hsu’s teachings, since it would have provided enough samples to calculate variation ranges on the detected signals. In addition, efficiency of follow-up application is improved, and furthermore the convenience of operating the handheld device is increased (Hsu, abstract, para. [0022], para. [0065]). 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, 9 and 17 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8 and 15 of U.S. Patent No. 12216854 B2 in view of Hsu (US 20080284751 A1). Current Application No. 19/009,778 U.S. Patent No. 12216854 B2 Claim 1. A system in a touch device configured to communicate with a pen, the system comprising: an antenna array configured to detect signals while the pen is proximate to the touch device; and a processing circuit, electrically coupled to the antenna array, configured to: calculate signal statistics for the detected signals based on a plurality of interactions between the pen and the antenna array; determine that the plurality of interactions satisfies a sample threshold; calculate an online tuned parameter based on the detected signals; and create an online-tuned processing algorithm comprising the online turned parameter to process further signals detected by the antenna array. Claim 9. A method implemented in a touch device comprising an antenna array configured to communicate with a pen, the method comprising: detecting signals, by the antenna array, while the pen is proximate to the touch device; calculating signal statistics for the detected signals based on a plurality of interactions between the pen and the antenna array; determining that the plurality of interactions satisfies a sample threshold; calculating an online tuned parameter based on the detected signals; and creating an online-tuned processing algorithm comprising the online turned parameter to process further signals detected by the antenna array. Claim 17. A computer-readable storage medium having program instructions recorded thereon that, when executed by a processing circuit of a touch device that comprises an antenna array configured to communicate with a pen, implement a method comprising: detecting signals, by the antenna array, while the pen is proximate to the touch device; calculating signal statistics for the detected signals based on a plurality of interactions between the pen and the antenna array; determining that the plurality of interactions satisfies a sample threshold; calculating an online tuned parameter based on the detected signals; and creating an online-tuned processing algorithm comprising the online turned parameter to process further signals detected by the antenna array. Claim 1. A system in a touch device configured to communicate with a pen, the system comprising: an antenna array configured to detect signals in an array grid of sensing elements in the antenna array while the pen is proximate to the touch device; and a processing circuit, electrically coupled to the antenna array, configured to execute a processing algorithm to process the detected signals; the processing circuit further configured to execute an online tuning algorithm to perform online tuning of the processing algorithm based on the detected signals by online tuning at least one parameter of the processing algorithm to create an online-tuned processing algorithm, the processing circuit configured to: calculate an online tuned parameter for the processing algorithm based on at least one signal of the detected signals, validate the online tuned parameter according to an online test, and in response to a validation of the online tuned parameter, execute an online tuning algorithm to perform online tuning of the processing algorithm based on the detected signals by online tuning at least one parameter of the processing algorithm to create an online-tuned processing algorithm, process further signals detected by the antenna array based at least on the online-tuned processing algorithm that implements the online tuned parameter. Claim 8. A method implemented in a touch device comprising an antenna array configured to communicate with a pen, the method comprising: detecting signals in an array grid of sensing elements in the antenna array while the pen is proximate to the touch device; processing the detected signals using a processing algorithm; and performing online tuning of the processing algorithm based on the detected signals by online tuning at least one parameter for the processing algorithm, said performing comprising: calculating an online tuned parameter for the processing algorithm based on at least one signal of the detected signals, … performing online tuning of the processing algorithm based on the detected signals by online tuning at least one parameter for the processing algorithm,… validating the online tuned parameter according to an online test, and in response to the validating the online tuned parameter, process further signals detected by the antenna array based at least on the online-tuned processing algorithm that implements the online tuned parameter. Claim 15. A computer-readable storage medium having program instructions recorded thereon that, when executed by a processing circuit of a touch device that comprises an antenna array configured to communicate with a pen, implement a method comprising: detecting signals in an array grid of sensing elements in the antenna array while the pen is proximate to the touch device; processing the detected signals using a processing algorithm; and performing online tuning of the processing algorithm based on the detected signals by tuning at least one parameter for the processing algorithm, said performing comprising: calculating an online tuned parameter for the processing algorithm based on at least one signal of the detected signals, … processing the detected signals using a processing algorithm; and performing online tuning of the processing algorithm based on the detected signals by tuning at least one parameter for the processing algorithm … validating the online tuned parameter according to an online test, and in response to the validating the online tuned parameter, process further signals detected by the antenna array based at least on the online-tuned processing algorithm that implements the online tuned parameter. The claims in U.S. Patent No. 12216854 B2 do not explicitly disclose calculate signal statistics for the detected signals based on a plurality of interactions between the pen and the array; and determine that the plurality of interactions satisfies a sample threshold. However, Hsu teaches calculate signal statistics for the detected signals based on a plurality of interactions between the pen and the touch array (see para. [0042]-[0046] and para. [0049]-[0050]. The processor 230 may calculate the average values of the contact position. Calculate the variation ranges Xd and Yd of the contact position. Touch sensing means 221 includes a capacitive sensing device includes a number of sensing pads arranged in a matrix. A sensing pad generates capacitive effect and detects the contact or approaching of a conductor); and determine that the plurality of interactions satisfies a sample threshold (see para. [0019], [0045]-[0046] FIG. 4A is a flow chart of the method for identifying the type of an input tool executed by the processor 230 in FIG. 2A. The flow in FIG. 4A identifies the type of the input tool according to the variation range of the contact position. First, at step 410, detect the contact of the input tool. At step 420, record the X, Y coordinates of the contact points at a predetermined sampling time interval. Next, at step 430, check whether the number of samples is enough. If the number of samples satisfies the predetermined threshold of the processor 230, the flow enters step 440. Otherwise the flow returns to step 420 to keep sampling). U.S. Patent No. 12216854 B2 and Hsu are related to touch panel and stylus, thus one of ordinary skill in the art, before the effective filing date of the claimed invention, would have recognized the obviousness of modifying the system/method/computer-readable storage medium disclosed by the claims in U.S. Patent No. 12216854 B2 with Hsu’s teachings, since it would have provided enough samples to calculate variation ranges on the detected signals. In addition, efficiency of follow-up application is improved, and furthermore the convenience of operating the handheld device is increased (Hsu, abstract, para. [0022], para. [0065]). Allowable Subject Matter Claims 2-6, 8, 10-14, 16, and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to IVELISSE MARTINEZ QUILES whose telephone number is (571)270-7618. The examiner can normally be reached Monday thru Friday; 1:00 PM to 5:00 PM 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, Temesghen Ghebretinsae can be reached at 571-272-3017. 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. /IM/Examiner, Art Unit 2626 /TEMESGHEN GHEBRETINSAE/Supervisory Patent Examiner, Art Unit 2626 4/7/2026
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Prosecution Timeline

Jan 03, 2025
Application Filed
Apr 09, 2026
Non-Final Rejection mailed — §103, §DOUBLEPATENT (current)

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