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
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6 and 9 of U.S. Patent No. 11,449,173. Although the claims at issue are not identical, they are not patentably distinct from each other because all claimed limitations of claims 1, 9 and 17 of the instant application are encompassed by claimed limitations of claims 1, 6 and 9 of the patent except “a sensor electrode group including a plurality of sensor electrodes arranged below a touch surface”. However, this is inherently included in a touch surface of a touch panel for a input device.
Instant application (claim 1)
U.S. 11,449,173 (claim 1)
A touch controller configured to connect to a sensor electrode group including a plurality of sensor electrodes arranged below a touch surface, the touch controller comprising:
A touch controller comprising:
a processor; and
a processor; and
a memory coupled to the processor, wherein the memory stores instructions that, when executed by the processor, cause the touch controller to:
a memory coupled to the processor, wherein the memory stores instructions that, when executed by the processor, cause the touch controller to:
operate in a first mode in which an uplink signal is not transmitted, in response to reception of a suspend order from a host
computer; and
operate in an uplink power saving mode in which the uplink signal is not transmitted, wherein operation in the uplink power saving mode is triggered by reception of a suspend order from a host computer, and
operate in a second mode in which the uplink signal is transmitted, in response to detection of a predetermined trigger during operation in the first mode.
operation in the normal mode is triggered by detection of the pen signal transmitted by the electronic pen during operation in the uplink power saving mode.
Regarding claim 9, see claim 6 of the patent.
Regarding claim 17, see claim 9 of the patent.
Claims 1, 2, 4-7, 9, 10, 12-15 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-6, 10 and 16 of U.S. Patent No. 11,789,563. Although the claims at issue are not identical, they are not patentably distinct from each other because all claimed limitations of claims 1, 2, 4-7, 9, 10, 12-15 and 17-20 of the instant application are encompassed by claimed limitations of claims 1, 3-6, 10 and 16 of the patent as follows:
Instant application (claim 1)
U.S. 11,789,563 (claim 1)
A touch controller configured to connect to a sensor electrode group including a plurality of sensor electrodes arranged below a touch surface, the touch controller comprising:
A touch controller comprising: the touch controller is configured to connect to a sensor electrode group including a plurality of sensor electrodes arranged below a touch surface;
a processor; and
a processor; and
a memory coupled to the processor, wherein the memory stores instructions that, when executed by the processor, cause the touch controller to:
a memory coupled to the processor, wherein the memory stores instructions that, when executed by the processor, cause the touch controller to:
operate in a first mode in which an uplink signal is not transmitted, in response to reception of a suspend order from a host
computer; and
operate in an uplink power saving mode in which an uplink signal is transmitted with reduced power in response to reception of a suspend order from a host computer; and
operate in a second mode in which the uplink signal is transmitted, in response to detection of a predetermined trigger during operation in the first mode.
operate in a normal mode in which the uplink signal is transmitted with normal power in response to a detection of a predetermined trigger during operation in the uplink power saving mode
Regarding claims 2, 10 and 18, see claim 3 of the patent.
Regarding claims 4 and 12, see claim 5 of the patent.
Regarding claims 5 and 13, see claim 1 of the patent.
Regarding claims 6, 14 and 19, see claim 4 of the patent.
Regarding claims 7, 15 and 20, see claim 6 of the patent.
Regarding claim 9, see claim 10 of the patent.
Regarding claim 17, see claim 16 of the patent.
Claims 1, 2, 4-7, 9, 10, 12-15 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 9 and 16 of U.S. Patent No. 12,282,624. Although the claims at issue are not identical, they are not patentably distinct from each other because all claimed limitations of claims 1, 2, 4-7, 9, 10, 12-15 and 17-20 of the instant application are encompassed by claimed limitations of claims 1, 3-5, 9 and 16 of the patent as follows:
Instant application (claim 1)
U.S. 12,282,624 (claim 1)
A touch controller configured to connect to a sensor electrode group including a plurality of sensor electrodes arranged below a touch surface, the touch controller comprising:
A touch controller configured to connect to a sensor electrode group including a plurality of sensor electrodes arranged below a touch surface, the touch controller comprising:
a processor; and
a processor; and
a memory coupled to the processor, wherein the memory stores instructions that, when executed by the processor, cause the touch controller to:
a memory coupled to the processor, wherein the memory stores instructions that, when executed by the processor, cause the touch controller to:
operate in a first mode in which an uplink signal is not transmitted, in response to reception of a suspend order from a host
computer; and
operate in a first mode in which an uplink signal is transmitted with a first amount of power in response to reception of a suspend order from a host computer;
operate in a second mode in which the uplink signal is transmitted, in response to detection of a predetermined trigger during operation in the first mode.
operate in a second mode in which the uplink signal is transmitted with a second amount of power in response to a detection of a predetermined trigger during operation in the first mode.
Regarding claims 2, 10 and 18, see claim 3 of the patent.
Regarding claims 4 and 12, see claim 4 of the patent.
Regarding claims 5 and 13, see claim 1 of the patent.
Regarding claims 6, 14 and 19, see claim 1 of the patent.
Regarding claims 7, 15 and 20, see claim 5 of the patent.
Regarding claim 9, see claim 9 of the patent.
Regarding claim 17, see claim 16 of the patent.
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.
Claims 1-3, 5-11 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hara et al. (US 2019/0121455) in view of Geller et al. (US 2020/0081560).
Regarding claim 1, Hara discloses a touch controller (31, figs. 1 and 2, para. 0050) configured to connect to a sensor electrode group (30, para. 0048) including a plurality of sensor electrodes (30X, 30Y) arranged below a touch surface (3t, para. 0051), the touch controller (31) comprising:
a processor (80, para. 0061); and
a memory (not shown, para. 0078) coupled to the processor, wherein the memory stores instructions that, when executed by the processor, cause the touch controller (31) to:
operate in a first mode (such as guard period) in which an uplink signal (US) is not transmitted, in response to reception of a suspend order from a host computer (the uplink signal is suspended based on a control signal ctrl_4 supplied from the logic unit 70, para. 0074).
Hara does not specifically disclose operate in a second mode in which the uplink signal is transmitted, in response to detection of a predetermined trigger during operation in the first mode.
In a similar field of endeavor of sensing device, Geller discloses operate in a second mode (such as operation mode) in which the uplink signal is transmitted (uplink signal from a computing device), in response to detection of a predetermined trigger (gesture input) during operation in the first mode (low power state) (para. 0035).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filling date of the claimed invention to incorporate the mode as taught by Geller in the system of Hara in order to provide intuitive method for waking up computing device in low power state (para. 0016).
Regarding claims 2, 10 and 18, the combination of Hara and Geller discloses the predetermined trigger is detection of a touch operation by a finger (para. 0061 of Hara).
Regarding claims 3 and 11, the combination of Hara and Geller discloses cause the touch controller (31, fig. 2 of Hara) to stop reception of a signal (“a signal received by sensor 30” by switches 44x and 44y) that is received via the sensor electrodes (30X, 30Y) while the touch controller operates in the first mode, and to start the reception of the signal (e.g., switches 44x and 44y select “T”) that is received via the sensor electrodes upon switching operation of the touch controller (31) from the first mode (guard period) to the second mode (transmission period) (para. 0075 of Hara).
Regarding claims 5 and 13, the combination of Hara and Geller discloses the touch controller consumes more power while operating in the second mode (“non-low power state”) than while operating in the first mode (“low power state”) (para. 0041 of Geller).
Regarding claims 6, 14 and 19, the combination of Hara and Geller discloses derive a position of an object (position of the stylus 2) on the touch surface (3t) using the sensor electrodes (30X, 30Y) (para. 0078 of Hara); and
output to the host computer (3) a signal indicating the position of the object on the touch surface derived using the sensor electrodes (para. 0078 of Hara).
Regarding claims 7, 15 and 20, the combination of Hara and Geller discloses the object is a pen (2) that outputs a pen signal (DS), and
the touch controller (31), in operation, receives the pen signal through capacitive coupling between an electrode (21) of the pen and the sensor electrode group, and derives the position of the object based on the pen signal (paras. 0053-0054 of Hara).
Regarding claims 8 and 16, the combination of Hara and Geller discloses the pen signal transmitted by the pen includes a burst signal that is a carrier signal which is unmodulated and a modulated data signal that is the carrier signal modulated with data (para. 0064 of Hara).
Regarding claim 9, Hara discloses a pen input system (a position detecting system 1, figs. 1 and 2, para. 48) comprising:
an electronic pen (2, para. 0049) which, in operation, transmits a pen signal (DS, para. 0050); and
a touch controller (31, figs. 1 and 2, para. 0050) configured to connect to a sensor electrode group (30, para. 0048) including a plurality of sensor electrodes (30X, 30Y) arranged below a touch surface (3t, para. 0051), wherein the touch controller (31) operates in a first mode (such as guard period) in which an uplink signal (US) is not transmitted, in response to reception of a suspend order from a host computer (the uplink signal is suspended based on a control signal ctrl_4 supplied from the logic unit 70, para. 0074).
Hara does not specifically disclose operate in a second mode in which the uplink signal is transmitted, in response to detection of a predetermined trigger during operation in the first mode.
In a similar field of endeavor of sensing device, Geller discloses operate in a second mode (such as operation mode) in which the uplink signal is transmitted (uplink signal from a computing device), in response to detection of a predetermined trigger (gesture input) during operation in the first mode (low power state) (para. 0035).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filling date of the claimed invention to incorporate the mode as taught by Geller in the system of Hara in order to provide intuitive method for waking up computing device in low power state (para. 0016).
Regarding claim 17, Hara discloses a non-transitory processor readable storage medium storing instructions that, when executed by a processor (80, para. 0061), cause a touch controller (31, figs. 1 and 2, para. 0050) that is configured to connect to a sensor electrode group (30, para. 0048) including a plurality of sensor electrodes (30X, 30Y) arranged below a touch surface (3t, para. 0051) to:
operate in a first mode (such as guard period) in which an uplink signal (US) is not transmitted, in response to reception of a suspend order from a host computer (the uplink signal is suspended based on a control signal ctrl_4 supplied from the logic unit 70, para. 0074).
Hara does not specifically disclose operate in a second mode in which the uplink signal is transmitted, in response to detection of a predetermined trigger during operation in the first mode.
In a similar field of endeavor of sensing device, Geller discloses operate in a second mode (such as operation mode) in which the uplink signal is transmitted (uplink signal from a computing device), in response to detection of a predetermined trigger (gesture input) during operation in the first mode (low power state) (para. 0035).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filling date of the claimed invention to incorporate the mode as taught by Geller in the system of Hara in order to provide intuitive method for waking up computing device in low power state (para. 0016).
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hara et al. in view of Geller et al. and further in view of Yamada et al. (US 2018/0129314).
Regarding claims 4 and 12, the combination of Hara and Geller discloses the uplink signal is transmitted using the sensor electrode group while the touch controller operates in the second mode (para. 0074 of Hara).
The combination of Hara and Geller does not specifically disclose the transmission is a transmission antenna.
In a similar field of endeavor of sensing device, Yamada discloses transmitting uplink signal using a transmission antenna (para. 0098).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filling date of the claimed invention to incorporate the transmission antenna as taught by Yamada in the system of Hara and Geller in order to provide an efficient wireless communication.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Watanabe (US 2017/0060274 A1) discloses the electrode is a conductor, which
generates an alternating electric field corresponding to a downlink signal DS supplied
from the transmission-reception switching unit (Figs. 1 and 2, para. 0041).
Vandermeijden et al. (US 2015/0149801 A1) disclose a processing system is
configured to determine, from the sensing signals, a positional information
corresponding to a gesture while a host device is in low power mode, determine, based
on the positional information and while the host device is in the low power mode, in response to determining that the gesture is deliberate input, a wake signal to the host device to switch the host device out of the low power mode (summary).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER T NGUYEN whose telephone number is (571)272-7696. The examiner can normally be reached Mon-Fri 7:00-5:00.
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, Benjamin C Lee can be reached at 5712722963. 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.
/JENNIFER T NGUYEN/ Primary Examiner, Art Unit 2629