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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 01/17/2025 and 01/30/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “detection circuitry” in claims 1 and 15, of which claims 2-14 and 16-20 are dependent.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. Paragraph 0020 discloses that the different controlling circuitry is “formed by a computer.”
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 6, 15-17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,466,896 to Murakami et al. (Murakami).
As to claim 1, Murakami discloses a position detection device, comprising:
a plurality of first electrodes extending in a first direction (Fig. 2; Col. 4, lines 4-25, Individual loop coils-11-0 to 11-23); and
detection circuitry which is configured to simultaneously select two adjacent first electrodes, from the plurality of first electrodes (Fig. 2; Col. 4, lines 4-45, where a selection from each group is made, Claim 1), in a state of electromagnetic inductive coupling with a pointer to detect a position indicated by the pointer (Col. 7, line 56-Col. 8, line, 2; Col. 10, line 61-Col. 11, line 3; coordinate detection; Claim 1), wherein the detection circuitry:
at a first timing, simultaneously selects Kth first electrode and (K+1)th first electrode as two adjacent first electrodes (Fig. 2; Col. 4, lines 4-45, where a selection from each group is made, Claim 1), and
at a second timing, simultaneously selects the (K+1)th first electrode and (K+2)th first electrode as the two adjacent first electrodes (Fig. 2; Col. 4, lines 4-45, where a selection from each group is made, Claim 1).
As to claim 2, Murakami discloses the position detection device according to claim 1, wherein the detection circuitry is configured to simultaneously select a plurality of first electrodes from the plurality of first electrodes (Fig. 2; Col. 4, lines 4-45, where a selection from each group is made, Claim 1).
As to claim 3, Murakami discloses the position detection device according to claim 1, wherein the detection circuitry includes a first common terminal, to which first terminals of the two adjacent first electrodes are coupled (Fig. 2; Col. 4, lines 4-45, analog switches 21, 22 and 23), and a second common terminal, to which second terminals of the two adjacent first electrodes are coupled (Fig. 2; Col. 4, lines 4-45, common ground).
As to claim 5, Murakami discloses the position detection device according to claim 1, wherein the detection circuitry includes:
a first common terminal, to which a first terminal of a first of the two adjacent first electrodes is coupled (Fig. 2; Col. 4, lines 4-45, analog switches 21, 22 and 23), and
a second common terminal, to which a second terminal of a second of the two adjacent first electrodes is coupled (Fig. 2; Col. 4, lines 4-45, analog switches 21, 22 and 23),
wherein a second terminal of the first of the two adjacent first electrodes is coupled to a first terminal of the second of the two adjacent first electrodes (Fig. 2; Col. 4, lines 4-45, Switching terminals of analog switches 21, 22 and 23 have a common connection to a switching terminal of analog switch 24).
As to claim 6, Murakami discloses the position detection device according to claim 1, wherein the detection circuitry includes a first common terminal, to which first terminals of the plurality of first electrodes are coupled (Fig. 2; Col. 4, lines 4-45, analog switches 21, 22 and 23), and a second common terminal, to which second terminals of the plurality of first electrodes are coupled (Fig. 2; Col. 4, lines 4-45, common ground).
As to claim 15, Murakami discloses a control device of a position detection device, wherein
the position detection device includes a plurality of first electrodes extending in a first direction (Fig. 2; Col. 4, lines 4-25, Individual loop coils-11-0 to 11-23) and includes detection circuitry which, using the plurality of first electrodes, detects a position indicated by a pointer based on electromagnetic inductive coupling with the pointer (Col. 7, line 56-Col. 8, line, 2; Col. 10, line 61-Col. 11, line 3; coordinate detection; Claim 1), and
the control device is configured to:
at a first timing, simultaneously select Kth first electrode and (K+1)th first electrode as the two adjacent first electrodes (Fig. 2; Col. 4, lines 4-45, where a selection from each group is made, Claim 1), and
at a second timing, simultaneously select the (K+1)th first electrode and (K+2)th first electrode as the two adjacent first electrodes (Fig. 2; Col. 4, lines 4-45, where a selection from each group is made, Claim 1).
As to claim 16, Murakami discloses the control device according to claim 15, wherein
the detection circuitry includes a first common terminal (Fig. 2; Col. 4, lines 4-45, analog switches 21, 22 and 23) and a second common terminal (Fig. 2; Col. 4, lines 4-45, analog switches 21, 22 and 23), and
the control device couples first terminals of the two adjacent first electrodes to the first common terminal control device (Fig. 2; Col. 4, lines 4-45, analog switches 21, 22 and 23), and couples second terminals of the two adjacent first electrodes to the second common terminal (Fig. 2; Col. 4, lines 4-45, common ground).
As to claim 17, Murakami discloses the control device according to claim 15, wherein
the detection circuitry includes a first common terminal (Fig. 2; Col. 4, lines 4-45, analog switches 21, 22 and 23) and a second common terminal (Fig. 2; Col. 4, lines 4-45, analog switches 21, 22 and 23), and
the control device couples a first terminal of a first of the two adjacent first electrodes to the first common terminal (Fig. 2; Col. 4, lines 4-45, analog switches 21, 22 and 23), couples a second terminal of the first of the two adjacent first electrodes to a first terminal of a second of the two adjacent first electrodes (Fig. 2; Col. 4, lines 4-45, analog switches 21, 22 and 23), and couples a second terminal of the second of the two adjacent first electrodes to the second common terminal (Fig. 2; Col. 4, lines 4-45, Switching terminals of analog switches 21, 22 and 23 have a common connection to a switching terminal of analog switch 24).
As to claim 20, Murakami discloses the control device according to claim 18, wherein each of the plurality of first electrodes is a loop electrode, and one of two ends of the loop electrode is made an open terminal to enable detection of the second position indicated by the second pointer on the sensor based on the capacitive coupling between the sensor and the second pointer (Fig. 2).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7, 11, 14, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murakami in view of U.S. Publication No. 2014/0176486 to Lee et al. (Lee).
As to claim 7, Murakami discloses the position detection device according to claim 1, which comprises:
a sensor including the plurality of first electrodes (Fig. 2; Col. 4, lines 4-25, Individual loop coils-11-0 to 11-23),
wherein the detection circuitry is coupled to the sensor and configured to:
detect the position indicated by the pointer on the sensor based on the electromagnetic inductive coupling between the sensor and the pointer (Col. 7, line 56-Col. 8, line, 2; Col. 10, line 61-Col. 11, line 3; coordinate detection; Claim 1).
Murakami does not expressly disclose detect a second position indicated by a second pointer on the sensor based on capacitive coupling between the sensor and the second pointer.
Lee teaches detect a second position indicated by a second pointer on the sensor based on capacitive coupling between the sensor and the second pointer (Para. 0009, 0015, 0024, 0047, capacitance sensing).
It would have been obvious to one of ordinary skill in the art to modify the position detection device of Murakami to include the capacitive sensing of Lee because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, the position detection device of Murakami as modified by the capacitive sensing of Lee can yield a predictable result of implementing a hybrid touch panel by combining a projective capacitive touch panel and a pressure-sensitive touch panel with each other. Thus, a person of ordinary skill would have appreciated including in the position detection device of Murakami to use the capacitive sensing of Lee since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As to claim 11, Murakami and Lee disclose the position detection device according to claim 7. Murakami additionally discloses wherein each of the plurality of first electrodes is a loop electrode, and one of two ends of the loop electrode is made an open terminal to enable detection of the second position indicated by the second pointer on the sensor based on the capacitive coupling between the sensor and the second pointer (Fig. 2).
As to claim 14, Murakami discloses the position detection device according to claim 1, wherein the plurality of first electrodes do not overlap with each other(Fig. 2), but does not expressly disclose the position detection device comprises: a plurality of second electrodes extending in a second direction that crosses the first direction, wherein the plurality of second electrodes do not to overlap with each other.
Lee teaches a plurality of second electrodes extending in a second direction that crosses the first direction, wherein the plurality of second electrodes do not to overlap with each other (Fig. 1).
It would have been obvious to one of ordinary skill in the art to modify the position detection device of Murakami to include the capacitive sensing of Lee because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, the position detection device of Murakami as modified by the capacitive sensing of Lee can yield a predictable result of implementing a hybrid touch panel by combining a projective capacitive touch panel and a pressure-sensitive touch panel with each other. Thus, a person of ordinary skill would have appreciated including in the position detection device of Murakami to use the capacitive sensing of Lee since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As to claim 18, Murakami discloses the control device according to claim 15, wherein
the position detection device includes a sensor which includes the plurality of first electrodes (Fig. 2; Col. 4, lines 4-25, Individual loop coils-11-0 to 11-23), and the detection circuitry is coupled to the sensor and configured to:
detect the position indicated by the pointer on the sensor based on the electromagnetic inductive coupling between the sensor and the pointer(Col. 7, line 56-Col. 8, line, 2; Col. 10, line 61-Col. 11, line 3; coordinate detection; Claim 1), but does not expressly disclose detect a second position indicated by a second pointer on the sensor based on capacitive coupling between the sensor and the second pointer.
Lee teaches detect a second position indicated by a second pointer on the sensor based on capacitive coupling between the sensor and the second pointer (Para. 0009, 0015, 0024, 0047, capacitance sensing).
It would have been obvious to one of ordinary skill in the art to modify the position detection device of Murakami to include the capacitive sensing of Lee because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, the position detection device of Murakami as modified by the capacitive sensing of Lee can yield a predictable result of implementing a hybrid touch panel by combining a projective capacitive touch panel and a pressure-sensitive touch panel with each other. Thus, a person of ordinary skill would have appreciated including in the position detection device of Murakami to use the capacitive sensing of Lee since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Allowable Subject Matter
Claims 4, 8-10, 12, 13, and 19 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
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/LISA S LANDIS/ Examiner, Art Unit 2626