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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1-13, 16-18, 24 and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al (11,474,623) (herein “Chen”). In regards to claim 1, Chen teaches a digital pen comprising: an elongate pen part which has; a front pen portion with a writing element for writing on a surface, and a rear pen portion which is arranged further back in relation to the front pen portion and in which – in whole or in part – a rechargeable battery is arranged for supplying power to at least one electronic component of the front pen potion (See; Figs. 1A-3A for a stylus pen having a front portion having a writing tip 106/308 and a rear portion having a rechargeable battery 104 / 356); and a separable protective cap (See; Figs. 1A-3A for a removable protective cap 108/312) that is configured in such a way that, in a charging connection state, in which the protective cap is detachably attached to the elongate pen part in a frictionally engaged and/or form-fitting manner, the protective cap is coupled to the rechargeable battery so that charging energy transferred to the protective cap from a charging source for charging the rechargeable battery is retransmitted to the rechargeable battery (See; Figs. 1A-3A and Column 4, lines 33-44 for a removable protective cap 108/312 having a battery 110 / 314 that charges the battery in the stylus pen though the electrical connections 156 / 310), wherein the elongate pen part further comprises an electronic module for managing a charging process of the rechargeable battery, and the electronic module is electrically connected in a wired manner to two electrical contacts of the rechargeable battery for supplying the charging energy including electric charging current transferred from the protective cap (See; Figs. 1A-3A and Column 4, lines 33-44 for controller 112 / 360 which charges the first battery from the second battery in the cap using the two electrical connections 156 / 310). In regards to claim 2, Chen teaches wherein the protective cap has a receiving means to which the charging energy of the charging source is transmitted in a wired or wireless manner from the charging source (See; Figs. 1A-3A and Column 4, lines 33-44 for controller 112 / 360 which charges the first battery from the second battery in the cap using the wired two electrical connections 156 / 310). In regards to claim 3, Chen teaches wherein the receiving means of the protective cap is formed by contacts to which the electric charging current of the charging source is supplied from the charging source, in order to charge the rechargeable battery (See; Figs. 1A-3A and Column 4, lines 33-44 for controller 112 / 360 which charges the first battery from the second battery in the cap using the wired two electrical connections 156 / 310). In regards to claim 4, Chen teaches wherein the receiving means comprises a unit for inductive or capacitive reception of the charging energy or a unit for receiving electromagnetic waves that transmit the charging energy (See; Figs. 1A, 1B for a charging interface 152 and controller 154). In regards to claim 5, Chen teaches wherein the receiving means of the protective cap is coupled to the rechargeable battery in the charging connection state wirelessly and/or in a wired manner, so that the charging energy transmitted to the receiving means is passed on to the rechargeable battery from the protective cap wirelessly and/or in a wired manner (See; Figs. 1A-3A and Column 4, lines 33-44 for controller 112 / 360 which charges the first battery from the second battery in the cap using the wired two electrical connections 156 / 310). In regards to claim 6, Chen teaches wherein the protective cap for transmitting the charging energy to the rechargeable battery has a transmitting unit of an inductive energy transmission device of the digital pen, and the transmitting unit is connected in a wired manner to the receiving means of the protective cap (See; Figs. 1A, 1B for a charging interface 152 and controller 154). In regards to claim 7, Chen teaches wherein the elongate pen part has a receiving unit of the inductive energy transmission device of the digital pen, and the receiving unit is connected to the rechargeable battery in a wired manner and interacts inductively with the transmitting unit in order to transfer the charging energy to the receiving unit for charging the rechargeable battery (See; Figs. 1A-3A and Column 4, lines 33-44 for controller 112 / 360 which charges the first battery from the second battery in the cap using the wired two electrical connections 156 / 310). In regards to claim 8, Chen teaches wherein electrical contacts of the protective cap forming the receiving means are connected in a wired manner in the charging connection state to another electrical contacts arranged on the elongate pen part which in turn are electrically connected to the rechargeable battery (See; Figs. 1A, 1B). In regards to claim 9, Chen teaches wherein the electrical contacts of the protective cap forming the receiving means, which are arranged further forward, are connected in a wired manner to additional electrical contacts of the protective cap, which are arranged further back, and the additional electrical contacts of the protective cap in the charging connection state are in contact with the another electrical contacts arranged on the elongate pen part (See; Figs. 1A-3A). In regards to claim 10, Chen teaches wherein the receiving means of the protective cap is arranged on a front end side of the protective cap or on an outer side thereof (See; Figs. 1A-3A). In regards to claim 11, Chen teaches wherein the at least one electronic component of the front pen portion is the writing element or component for operating the writing element (See; Figs. 1A-3A for a stylus pen having a front portion having a writing tip 106/308) In regards to claim 12, Chen teaches wherein the protective cap, in the charging connection state, covers the writing element and at least a sub-portion of the front pen or the rear pen portion arranged further back (See; Figs. 1A-3A). In regards to claim 13, Chen teaches wherein in an event that the protective cap covers the rear pen portion in the charging connection state, the protective cap is detachably fastened to the elongate pen part in a position in which the protective cap covers the writing element and at least a sub-portion of the front pen portion (See; Figs. 1A-3A). In regards to claim 16, Chen teaches wherein one or both of the two electrical contacts of the rechargeable battery are arranged in a front end region of the rechargeable battery facing the writing element, and/or one or both of the two electrical contacts of the rechargeable battery are arranged in a rear end region of the rechargeable battery facing away from the writing element (See; Figs. 1A-3A). In regards to claim 17, Chen teaches wherein the two electrical contacts of the rechargeable battery via which the electrical charging current is supplied, are each detachably electrically connected to an electrical contact to the front pen portion which is electrically conductively connected to the at least one electronic component of the front pen portion, for supplying power to the at least one electronic component (See; Figs. 1A-3A). In regards to claim 18, Chen teaches wherein in an event that the two electrical contacts of the rechargeable battery for supplying the electric charging current are arranged in a rear end region of the rechargeable battery facing away from the writing element the rechargeable battery has two further electrical contacts in a front end region facing the writing element for supplying power to the at least one electronic component of the front pen portion, and each of the two further electrical contacts is detachably electrically connected to its own electrical contact of the front pen portion which is connected in a current-conducting manner to the at least one electronic component of the front pen (See; Figs. 3A, 3B). In regards to claim 24, Chen teaches wherein one or both contact surfaces are annular and/or wherein one contact surface forms the circumferential inner side of a hollow-cylindrical portion of the rechargeable battery (See; Figs. 1A-3A). In regards to claim 28, Chen teaches wherein the protective cap is detachably attachable to the elongate pen part, the protective cap is configured to protect the writing element against damage during transport of the digital pen, and the protective cap has a clip for attaching the digital pen to an object (See; Figs. 1A-3A).
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (11,474,623) (herein “Chen”) in view of Trutna (2019/0171305). In regards to claim 14, Chen fails to explicitly teaches wherein the rear pen portion arranged further back for removing the rechargeable battery is detachably fastened to another pen portion. However, Trutna teaches wherein the rear pen portion arranged further back for removing the rechargeable battery is detachably fastened to another pen portion (See; Fig. 1 and p[0025] for a stylus where the battery segment 104 is detachable from the head segment 106). Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to modify Chen to have a detachable battery on the stylus so as to be able to replace defective batteries or allow quicker turnaround usage times of the stylus when the battery dies.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (11,474,623) (herein “Chen”). In regards to claim 21, Chen fails to explicitly teach wherein each of the two electrical contacts of the rechargeable battery for supplying the electric charging current or each of two electrical contacts of the rechargeable battery for supplying power to the at least one electronic component comprises a contact surface arranged directly on the rechargeable battery However since the disclosure offers no criticality and no unexpected results from having electrical contacts on the surface of the battery then it is deemed a design choice. Therefore it would have obvious to one of ordinary skill in the art at the time of filing to have electrical contacts on the surface of the battery as a mere design choice based on the size constraints and circuit layout of the stylus.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JONATHAN A BOYD whose telephone number is (571)270-7503. The examiner can normally be reached Mon - Fri 8:00 - 5:00.
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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.
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/JONATHAN A BOYD/Primary Examiner, Art Unit 2627
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