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 filed 18 March 2026 have been fully considered but they are not persuasive. The Examiner respectfully disagrees with Applicant’s assertions that the current prior art fails to teach “wherein the first communication circuit transmits the information regarding the first pressure when the first pressure exceeds a predetermined value indicating that the first member is in contact with a surface, and transmits the information regarding the second pressure when the first pressure does not exceed the predetermined value”. Gavriliuc et al teaches in p[0024] “Pressure sensitive controls can be based on a pressure sensitive tip on the mixed-input pointing device or a pressure button on the mixed-input pointing device. Advantageously, the pressure button is used in free space, while the pressure tip can be used on a surface.” Gavriliuc teaches that these two pressure reading are not used in concert and that they are used in two separate “modes.” Gavriliuc states that either the tip pressure is used during use of the stylus on a surface (Fig. 4) or the pressure button is used during free space use of the stylus (Fig. 3). When the tip pressure exceeds a predetermined value (greater than zero), than it is determined that the tip is in contact with a surface and surface pressure data is communicated. It is inherent in a free space example such as in Fig. 3 that there is no tip pressure, as the tip is not in contact with any surface, and thus the pressure button’s free space pressure data is communicated.
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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fleck (2016/0306444) in view of Gavriliuc et al (2017/0371432) (herein “Gavriliuc”) and further in view of Rehm (2007/0285405). In regards to claim 1, Fleck teaches a position indicating device See; Fig. 1 and p[0054] for stylus barrel); a first sensor which, in operation, detects a first pressure applied to a first member arranged to protrude from a tip of the housing (See; p[0054] for stylus tip pressure sensor 122a configured to sense pressure applied to the stylus tip); a second sensor which, in operation, detects a second pressure applied to a second member See; p[0054] for barrel pressure sensor configure to sense pressure applied to the stylus barrel. Further see Fig. 4b and p[0067] for detecting different levels of barrel pressure), See; p[0054] for transmission circuitry 119 which transmits data indicative of the stylus tip pressure data and stylus barrel pressure data). Fleck fails to explicitly teach a position indicating device for controlling a 3D object in a virtual reality space; a second sensor which, in operation, detects a second pressure applied to a second member arranged at a position between a midpoint along an axis of the housing and the first member; wherein the second pressure is used to control the 3D object in the virtual reality space; wherein the first communication circuit transmits the information regarding the first pressure when the first pressure exceeds a predetermined value indicating that the first member is in contact with a surface, and transmits the information regarding the second pressure when the first pressure does not exceed the predetermined value. However, Gavriliuc teaches a position indicating device for controlling a 3D object in a virtual reality space; comprising: a housing; a first sensor which, in operation, detects a first pressure applied to a first member arranged to protrude from a tip of the housing a second sensor which, in operation, detects a second pressure applied to a second member (See; Abstract and p[0023]-p[0024], p[0040] where the pointing device can be used with a pressure sensitive tip on a surface or with a pressure button used in free space. See Fig. 4 where the device is used in a surface mode and Fig. 5 where the device is used in an air mode) arranged at a position between a midpoint along an axis of the housing and the first member (See; Figs. 4 and 5 which implicitly shows the user holding the pen near the pen-tip which is arranged between a midpoint and the tip pressure sensor, where the buttons should inherently be placed so the user does not have to change grips on the pen to enact commands); wherein the second pressure is used to control the 3D object in the virtual reality space (See; p[0024] for controlling the line width of a pen like stroke using a pressure button in free space. See; Figs. 3-5 and p[0021], p[0027] where the user can design 3D objects in a 3D modeling studio application based on controls from free space. See; p[0044] where free space input may control the free space object 306); wherein the first communication circuit transmits the information regarding the first pressure when the first pressure exceeds a predetermined value indicating that the first member is in contact with a surface, and transmits the information regarding the second pressure when the first pressure does not exceed the predetermined value (See; Figs. 3, 4 and p[0024] where the pressure button is used in free space, while the pressure tip can be used on a surface. Thus an inherent tip pressure exceeding a predetermined value (greater than zero) is needed to communicate the surface pressure data. Where it is further inherent in the free space example such as in Fig. 3 that there is no tip pressure, as the tip is not in contact with any surface (not exceeding zero), and thus the pressure button’s free space pressure data is communicated). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Fleck’s pen to work in two separate modes to increase the usability of the pen, increasing user satisfaction in the device by only using one integrated pen instead of two separate pens. Gavriliuc fails to explicitly teach a second sensor which is located close to the pen-tip. However Rehm explicitly teaches a second sensor which, in operation, detects a second pressure applied to a second member arranged at a position between a midpoint along an axis of the housing and the first member (See; Figs 1A, 1B and p[0030] for a pressure sensitive ring 18 located at a position between a midpoint along an axis of the housing and the first member). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to place Fleck’s barrel pressure sensor where the user would naturally grip the stylus with their fingers as shown in Rehm so as to allow the user to update brush dynamics without having to change their grip while drawing, thus increasing user satisfaction in the device.
In regards to claim 2, Fleck fails to explicitly teach a second communication circuit which is different from and operates independently of the first communication circuit and which, in operation, transmits the information regarding the first pressure detected by the first sensor. However, since the first and second communication circuit are both transmitting the first pressure detected by the first sensor, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Fleck’s transmission circuitry to be two transmission circuits as a mere duplication of parts, there being no discernable advantage to having two circuits performing the same operation as opposed to one. See; In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
In regards to claim 3, Fleck teaches wherein the first pressure is applied to the first member by a surface when the first member contacts the surface (See; p[0054] for stylus tip pressure sensor 122a configured to sense pressure applied to the stylus tip), wherein the surface is located above a third sensor surface of an external device (See; Fig. 1 for electronic device 3 with sensor 201) configured to receive the information regarding the first pressure transmitted from the second communication circuit (See; p[0054] where tip pressure and barrel pressure are transmitted to the sensor controller 200 of the electronic device 3).
In regards to claim 4, Fleck teaches wherein the second pressure is applied to the second member by a user grasping the housing (See; p[0054] for barrel pressure sensor configured to sense pressure applied to the stylus barrel. Barrel pressure can reasonably be construed to be a user grasping or gripping the housing. Further see Fig. 4b and p[0067] for detecting different levels of barrel pressure).
In regards to claim 5, Fleck teaches wherein the first pressure is applied to the first member by a surface when the first member contacts the surface (See; p[0054] for stylus tip pressure sensor 122a configured to sense pressure applied to the stylus tip as it contacts a surface).
In regards to claim 6, Fleck teaches wherein the housing is a pen-shaped housing (See; Abstract, p[0006] and Fig. 1 for a stylus / pen-shaped housing).
In regards to claim 7, Gavriliuc teaches wherein the information regarding the first pressure transmitted from the first communication circuit is used to control the 3D object in the virtual reality space (See; p[0024] for controlling the line width of a pen like stroke using a pressure button in free space. See; Figs. 3-5 and p[0021], p[0027] where the user can design 3D objects in a 3D modeling studio application based on controls from free space. See; p[0044] where free space input may control the free space object 306).
In regards to claim 8, Fleck teaches a computer (See; Fig. 1 for electronic device 3 with sensor 201) communicable with a position indicating device (See; p[0054] where tip pressure and barrel pressure are transmitted to the sensor controller 200 of the electronic device 3 from the stylus), the position indicating device See; Fig. 1 and p[0054] for stylus barrel); a first sensor configured to detect a first pressure applied to a first member arranged to protrude from a tip of the housing (See; p[0054] for stylus tip pressure sensor 122a configured to sense pressure applied to the stylus tip); and a second sensor which, in operation, detects a second pressure applied to a second member See; p[0054] for barrel pressure sensor configure to sense pressure applied to the stylus barrel. Further see Fig. 4b and p[0067] for detecting different levels of barrel pressure), See; p[0054] where tip pressure and barrel pressure are transmitted to the sensor controller 200 of the electronic device 3 from the stylus); See; Abstract and p[0023]-p[0024], p[0040] where the pointing device can be used with a pressure sensitive tip on a surface or with a pressure button used in free space. See Fig. 4 where the device is used in a surface mode and Fig. 5 where the device is used in an air mode where the user is holding the stylus in a natural writing position) arranged at a position between a midpoint along an axis of the housing and the first member (See; Figs. 4 and 5 which implicitly shows the user holding the pen near the pen-tip which is arranged between a midpoint and the tip pressure sensor, where the buttons should inherently be placed so the user does not have to change grips on the pen to enact commands); wherein the second pressure is used to control the 3D object in the virtual reality space (See; p[0024] for controlling the line width of a pen like stroke using a pressure button in free space. See; Figs. 3-5 and p[0021], p[0027] where the user can design 3D objects in a 3D modeling studio application based on controls from free space. See; p[0044] where free space input may control the free space object 306) and a controller which, in operation, controls a line width of the 3D object in the virtual reality space based on either the information regarding the first pressure or the information regarding the second pressure (See; p[0024] for controlling the line width of a pen like stroke using a pressure button in free space. See; Figs. 3-5 and p[0021], p[0027] where the user can design 3D objects in a 3D modeling studio application based on controls from free space. See; p[0044] where free space input may control the free space object 306); wherein the communication circuit receives the information regarding the first pressure when the first pressure exceeds a predetermined value indicating that the first member is in contact with a surface, and receives the information regarding the second pressure when the first pressure does not exceed the predetermined value (See; Figs. 3, 4 and p[0024] where the pressure button is used in free space, while the pressure tip can be used on a surface. Thus an inherent tip pressure exceeding a predetermined value (greater than zero) is needed to communicate the surface pressure data. Where it is further inherent in the free space example such as in Fig. 3 that there is no tip pressure, as the tip is not in contact with any surface (not exceeding zero), and thus the pressure button’s free space pressure data is communicated). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Fleck’s pen to work in two separate modes to increase the usability of the pen, increasing user satisfaction in the device by only using one integrated pen instead of two separate pens. Gavriliuc fails to explicitly teach a second sensor which is located close to the pen-tip. However Rehm explicitly teaches a second sensor which, in operation, detects a second pressure applied to a second member arranged at a position between a midpoint along an axis of the housing and the first member (See; Figs 1A, 1B and p[0030] for a pressure sensitive ring 18 located at a position between a midpoint along an axis of the housing and the first member). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to place Fleck’s barrel pressure sensor where the user would naturally grip the stylus with their fingers as shown in Rehm so as to allow the user to update brush dynamics without having to change their grip while drawing, thus increasing user satisfaction in the device.
In regards to claim 9, Gavriliuc teaches wherein the controller, in operation, generates the 3D object in the virtual reality space based on a position of the position indicating device in an air space and based on either the information regarding the first pressure or the information regarding the second pressure (See; p[0024] for controlling the line width of a pen like stroke using a pressure button in free space. See; Figs. 3-5 and p[0021], p[0027] where the user can design 3D objects in a 3D modeling studio application based on controls from free space. See; p[0044] where free space input may control the free space object 306).
In regards to claim 10, Gavriliuc teaches in case the first member of the position indicating device is in contact with a surface, controls the line width of the 3D object in the virtual reality space based on the information regarding the first pressure, and in case the first member of the position indicating device is not in contact with a surface, controls the line width of the 3D object in the virtual reality space based on the information regarding the second pressure (See; p[0024] “Pressure sensitive controls can be based on a pressure sensitive tip on the mixed-input pointing device or a pressure button on the mixed-input pointing device. Advantageously, the pressure button is used in free space, while the pressure tip can be used on a surface. In one example of using the pressure data, a user can operate the mixed-input pointing device such that the width of a pen-like stroke using the mixed-input pointing device is based on pressure data.” See; Figs. 3-5 and p[0021], p[0027] where the user can design 3D objects in a 3D modeling studio application based on controls from free space. See; p[0044] where free space input may control the free space object 306).
In regards to claim 11, Fleck teaches a control method executed by a computer communicable with a position indicating device (See; Fig. 1 for electronic device 3 with sensor 201 communicating with a stylus), the position indicating device See; Fig. 1 and p[0054] for stylus barrel); a first sensor configured to detect a first pressure applied to a first member arranged to protrude from a tip of the housing (See; p[0054] for stylus tip pressure sensor 122a configured to sense pressure applied to the stylus tip); and a second sensor configured to detect a second pressure applied to a second member See; p[0054] for barrel pressure sensor configure to sense pressure applied to the stylus barrel. Further see Fig. 4b and p[0067] for detecting different levels of barrel pressure), See; p[0054] where tip pressure and barrel pressure are transmitted to the sensor controller 200 of the electronic device 3 from the stylus); See; Abstract and p[0023]-p[0024], p[0040] where the pointing device can be used with a pressure sensitive tip on a surface or with a pressure button used in free space. See Fig. 4 where the device is used in a surface mode and Fig. 5 where the device is used in an air mode where the user is holding the stylus in a natural writing position) arranged at a position between a midpoint along an axis of the housing and the first member (See; Figs. 4 and 5 which implicitly shows the user holding the pen near the pen-tip which is arranged between a midpoint and the tip pressure sensor, where the buttons should inherently be placed so the user does not have to change grips on the pen to enact commands); wherein the second pressure is used to control the 3D object in the virtual reality space (See; p[0024] for controlling the line width of a pen like stroke using a pressure button in free space. See; Figs. 3-5 and p[0021], p[0027] where the user can design 3D objects in a 3D modeling studio application based on controls from free space. See; p[0044] where free space input may control the free space object 306) and controlling a line width of the 3D object in the virtual reality space based on either the information regarding the first pressure or the information regarding the second pressure (See; p[0024] for controlling the line width of a pen like stroke using a pressure button in free space. See; Figs. 3-5 and p[0021], p[0027] where the user can design 3D objects in a 3D modeling studio application based on controls from free space. See; p[0044] where free space input may control the free space object 306); wherein the information regarding the first pressure is received when the first pressure exceeds a predetermined value indicating that the first member is in contact with a surface, and the information regarding the second pressure is received when the first pressure does not exceed the predetermined value (See; Figs. 3, 4 and p[0024] where the pressure button is used in free space, while the pressure tip can be used on a surface. Thus an inherent tip pressure exceeding a predetermined value (greater than zero) is needed to communicate the surface pressure data. Where it is further inherent in the free space example such as in Fig. 3 that there is no tip pressure, as the tip is not in contact with any surface (not exceeding zero), and thus the pressure button’s free space pressure data is communicated). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Fleck’s pen to work in two separate modes to increase the usability of the pen, increasing user satisfaction in the device by only using one integrated pen instead of two separate pens. Gavriliuc fails to explicitly teach a second sensor which is located close to the pen-tip. However Rehm explicitly teaches a second sensor which, in operation, detects a second pressure applied to a second member arranged at a position between a midpoint along an axis of the housing and the first member (See; Figs 1A, 1B and p[0030] for a pressure sensitive ring 18 located at a position between a midpoint along an axis of the housing and the first member). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to place Fleck’s barrel pressure sensor where the user would naturally grip the stylus with their fingers as shown in Rehm so as to allow the user to update brush dynamics without having to change their grip while drawing, thus increasing user satisfaction in the device.
In regards to claim 12, Gavriliuc teaches comprising: generating the 3D object in the virtual reality space based on a position of the position indicating device in an air space and based on either the information regarding the first pressure or the information regarding the second pressure (See; p[0024] “Pressure sensitive controls can be based on a pressure sensitive tip on the mixed-input pointing device or a pressure button on the mixed-input pointing device. Advantageously, the pressure button is used in free space, while the pressure tip can be used on a surface. In one example of using the pressure data, a user can operate the mixed-input pointing device such that the width of a pen-like stroke using the mixed-input pointing device is based on pressure data.” See; Figs. 3-5 and p[0021], p[0027] where the user can design 3D objects in a 3D modeling studio application based on controls from free space. See; p[0044] where free space input may control the free space object 306).
In regards to claim 13, Gavriliuc teaches comprising: when the first member of the position indicating device is in contact with a surface, controlling the line width of the 3D object in the virtual reality space based on the information regarding the first pressure; and when the first member of the position indicating device is not in contact with a surface, controlling the line width of the 3D object in the virtual reality space based on the information regarding the second pressure (See; p[0024] “Pressure sensitive controls can be based on a pressure sensitive tip on the mixed-input pointing device or a pressure button on the mixed-input pointing device. Advantageously, the pressure button is used in free space, while the pressure tip can be used on a surface. In one example of using the pressure data, a user can operate the mixed-input pointing device such that the width of a pen-like stroke using the mixed-input pointing device is based on pressure data.” See; Figs. 3-5 and p[0021], p[0027] where the user can design 3D objects in a 3D modeling studio application based on controls from free space. See; p[0044] where free space input may control the free space object 306).
Conclusion
THIS ACTION IS MADE FINAL. 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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/JONATHAN A BOYD/Primary Examiner, Art Unit 2627