Prosecution Insights
Last updated: October 26, 2026
Application No. 19/025,666

POSITION INDICATOR INCLUDING CONTROL CIRCUIT THAT CAUSES ELECTRODE TO SWITCH FROM BEING CONNECTED TO ALTERNATING POTENTIAL TO BEING CONNECTED TO FIXED POTENTIAL IN RESPONSE TO DETERMINING THAT PEN PRESSURE IS DETECTED

Final Rejection §102§103
Filed
Jan 16, 2025
Priority
Jun 06, 2017 — JP 2017-111236 +4 more
Examiner
LAM, NELSON C
Art Unit
2627
Tech Center
2600 — Communications
Assignee
Wacom Co., Ltd.
OA Round
3 (Final)
61%
Grant Probability
Moderate
4-5
OA Rounds
1y 6m
Est. Remaining
69%
With Interview

Examiner Intelligence

Grants 61% of resolved cases
61%
Career Allowance Rate
421 granted / 695 resolved
-1.4% vs TC avg
Moderate +9% lift
Without
With
+8.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
22 currently pending
Career history
729
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
58.4%
+18.4% vs TC avg
§102
22.8%
-17.2% vs TC avg
§112
15.8%
-24.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 695 resolved cases

Office Action

§102 §103
DETAILED ACTION Claims 6-27 are pending. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 16-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Munakata (US 20160188016). As per claim 16, Munakata discloses a position indicator (Fig. 1, #100) that electrostatically interacts with a position detecting device (#200) including a sensor ([0050]-[0051]), the position indicator (#100) comprising: a casing (Figs. 2A-B, #1) having a pen shape ([0052]); a first electrode (#3) that is configured to protrude from an opening end in an axial direction of the casing (#1; [0064]-[0066]); a ring electrode (Figs. 2A-B, #92) insulated from the first electrode (#3) and arranged to surround the first electrode (#3) about the axial direction of the casing ([0070]); and a control circuit (#10) which, in operation, supplies a signal to the first electrode (#3; [0080]-[0083]); and supplies a fixed potential to the ring electrode (#92) in case a defined condition is fulfilled ([0080]-[0084]). As per claim 17, Munakata discloses the position indicator according to claim 16, wherein the ring electrode (#92) is made of a unitary conductor ([0071]). As per claim 18, Munakata discloses the position indicator according to claim 16, wherein (Figs. 2A-B discloses) the ring electrode (#92) is located adjacent to the opening end in the axial direction of the casing (#1). As per claim 19, Munakata discloses the position indicator according to claim 16, wherein the defined condition is that the signal is transmitted from the first electrode (#3; [0112]-[0115]). As per claim 20, Munakata discloses the position indicator according to claim 16, wherein the defined condition is that the position indicator is in a contact state ([0112]-[0115]). As per claim 21, Munakata discloses the position indicator according to claim 16, wherein the defined condition is that the position indicator receives a second signal from the position detecting device ([0112]-[0117]). 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 6-15 and 22-27 are rejected under 35 U.S.C. 103 as being unpatentable over Munakata in view of Yoshida (5,854,881). As per claim 6, Munakata discloses a position indicator (Fig. 1, #100) that electrostatically interacts with a position detecting device (#200) including a sensor ([0050]-[0051]), the position indicator (#100) comprising: a casing (Figs. 2A-B, #1) having a pen shape ([0052]); a first electrode (#3) including a pen tip portion (#3a) and a remaining portion (#3b), the pen tip portion (#3a) protruding from an opening end (#1a) in an axial direction of the casing (#1; [0063]-[0066]); a second electrode (#92) separated from the first electrode (#3) in a radial direction that is perpendicular to the axial direction of the casing ([0070]); and a control circuit (#10) which, in operation, supplies a signal to the first electrode (#3; [0080]-[0083]), wherein (Figs. 2A-B discloses) the pen tip portion (#3a) of the first electrode (#3) and the second electrode (#92) are located at different positions along the axial direction of the casing (#1); and wherein the control circuit (#10), in operation, selectively sets the second electrode (#92) to a fixed potential in case a defined condition is fulfilled ([0080]-[0084]). However, Munakata does not teach the pen tip portion of the first electrode has a larger radial dimension than the remaining portion of the first electrode. Yoshida teaches the pen tip portion (Fig. 3, #503) of the first electrode (#502) has a larger radial dimension than the remaining portion (i.e., portion of electrode #502 between #503 and #505a) of the first electrode (#502; col. 22, line 35-41). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the cap-shaped cover disclosed by Yoshida to the pen tip portion of Munakata so as to provide a cap-shaped cover protruding from an opening at the tip end of the casing. As per claim 7, Munakata discloses the position indicator according to claim 6, wherein the fixed potential is a ground state ([0084]). As per claim 8, Munakata discloses the position indicator according to claim 6, wherein the second electrode (#92) set to the fixed potential functions as a shield for the first electrode (#3; [0084][ where electrode #92 coupled to the ground node, the second electrode #92 functionally equivalently functions as a shield for the first electrode #3). As per claims 9 and 23, Munakata discloses the position indicator according to claim 6 (claim 22), wherein (Figs. 2A-B discloses) the second electrode (#92) surrounds the first electrode (#3) about the axial direction of the casing (#1; [0093]). As per claims 10 and 24, Munakata discloses the position indicator according to claim 9 (claim 23), wherein the second electrode (#92) is a ring electrode ([0073]). As per claim 11, Munakata discloses the position indicator according to claim 6, wherein (Figs. 2A-B discloses) the second electrode (#92) is located adjacent to the pen tip portion (#3a) of the first electrode (#3) along the axial direction of the casing (#1). As per claims 12 and 25, Munakata discloses the position indicator according to claim 6 (claim 22), wherein the defined condition is that the signal is transmitted from the first electrode (#3; [0112]-[0115]). As per claims 13 and 26, Munakata discloses the position indicator according to claim 6 (claim 22), wherein the defined condition is that the position indicator is in a contact state ([0112]-[0115]). As per claims 14 and 27, Munakata discloses the position indicator according to claim 6 (claim 22), wherein the defined condition is that the position indicator receives a second signal from the position detecting device ([0112]-[0117]). As per claim 15, Munakata discloses the position indicator according to claim 6, comprising a switch circuit (#14, 17) electrically coupled to the second electrode (#92; [0083]-[0084]), wherein the control circuit (#10), in operation, controls the switch circuit (#14, 17) to selectively connect the second electrode (#92) to a signal supply from an oscillating circuit or to the fixed potential ([0080]-[0084]). As per claim 22, Munakata discloses a position indicator (Fig. 1, #100) that electrostatically interacts with a position detecting device (#200) including a sensor ([0050]-[0051]), the position indicator (#100) comprising: a casing (Figs. 2A-B, #1) having a pen shape including a first end and a second end opposite from the first end in an axial direction ([0052]); a first electrode (#3) located closer to the first end than to the second end of the casing (#1; [0063]-[0066]); a second electrode (#92) located closer to the first end than to the second end of the casing ([0070]); and a control circuit (#10) which, in operation, supplies a signal to the first electrode (#3; [0080]-[0083]); wherein (Figs. 2A-B discloses) the pen tip portion (#3a) of the first electrode (#3) and the second electrode (#92) are located at different positions along the axial direction of the casing (#1); and wherein the second electrode (#92) is supplied with a fixed potential in case a defined condition is met ([0080]-[0084]). However, Munakata does not teach the first electrode including a pen tip portion which has a larger radial dimension than a remaining portion of the first electrode. Yoshida teaches the first electrode (Fig. 3, #502) including a pen tip portion (#503) which has a larger radial dimension than a remaining portion (i.e., portion of electrode #502 between #503 and #505a) of the first electrode (#502; col. 22, line 35-41). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included the cap-shaped cover disclosed by Yoshida to the pen tip portion of Munakata so as to provide a cap-shaped cover protruding from an opening at the tip end of the casing. Response to Arguments Applicant’s arguments with respect to claims 6 and 22 have been considered but are moot because of the new grounds of rejection as presented above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nelson Lam whose telephone number is (571)272-8044. The examiner can normally be reached 1pm-9pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at 571 272-7776. 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. /Nelson Lam/Examiner, Art Unit 2627 /KE XIAO/Supervisory Patent Examiner, Art Unit 2627
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Prosecution Timeline

Jan 16, 2025
Application Filed
Apr 01, 2025
Response after Non-Final Action
Nov 14, 2025
Non-Final Rejection mailed — §102, §103
Feb 17, 2026
Response Filed
May 08, 2026
Non-Final Rejection mailed — §102, §103
Aug 03, 2026
Response Filed
Oct 21, 2026
Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
61%
Grant Probability
69%
With Interview (+8.6%)
3y 3m (~1y 6m remaining)
Median Time to Grant
High
PTA Risk
Based on 695 resolved cases by this examiner. Grant probability derived from career allowance rate.

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