DETAILED ACTIONNotice 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 .
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).
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Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No. 11,392,214. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is a broader recitation of the U.S. Patent.
Instant Application 19/031,726
US Patent 11,392,214
1. A method for position sensing, comprising the steps: providing one or more IR LEDs configured about at least a portion of a position sensing region; providing a plurality of IR detectors configured along at least one edge of the position sensing region, wherein at least some of the IR detectors are configured to be illuminated by plural LED beams when active; and sequentially pulsing the one or more IR LEDs to sequentially illuminate at least some of the IR detectors with plural LED beams, determining the detector signal strength at said detectors for a timing window for an LED pulse and correlating the time of the detector window signal to a specific LED beam, and employing a series of time correlated detected signal strengths to determine the position of a freely movable object in the position sensing region employing one or more microprocessors or microcontrollers.
1. A position sensing system, comprising: a plurality of IR LEDs positioned about a position sensing region; at least one IR detector positioned about the position sensing region, wherein at least one of the IR detectors is illuminated by plural IR LEDs when active; and a control system which sequentially pulses the IR LEDs, wherein at least one of the IR detectors are sequentially illuminated by the plural LEDs, wherein the control system determines a detector signal strength at said detector for a timing window for each IR LED pulse, correlates the time of the detector window signal to a specific LED, and wherein the control system processes the detected signal strength from at least one detector to determine the location of an object in the position sensing region.
As can be shown above the instant application is a broader recitation of that of the U.S. Patent. Claim 2 of the instant application correlates to claim 2 of the U.S. Patent. Claim 3 of the instant application would be obvious to one of ordinary skill in the art at the time of filing to transmit positions to a computing device so as to process the positions for GUI control.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Lin et al (2010/0253634) Newton et al (2010/0225588) ELIAS (2010/0149099)
Hisano et al (2006/0034042) Kurakane (2003/0092470)
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/JONATHAN A BOYD/Primary Examiner, Art Unit 2627