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 .
Status of Claims
This action is in response to Application as filed on April 3, 2025. Claims 1-5 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on April 3, 2025 is in compliance with the provisions of 37 CFR § 1.97. Accordingly, the IDS has been considered by the examiner.
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 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. U.S. Patent No. 12,548,465. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are encompassed by the claims of the copending application.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Tactile output device with rotational or angular movement driving element.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. § 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-5 are rejected under 35 U.S.C. § 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
In re claim 1, the claim recites the limitation “the driving” at line 14. There is insufficient antecedent basis for these limitations in the claim.
Claims 2-5 depend from a rejected base claim and therefore are rejected for at least the reasons provided for the base claim.
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 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.
Claims 1-5 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by U.S. Publication No. 2021/0090411 by Kim et al. (“Kim”).
In re claim 1, Kim discloses an information output device [Figs 1 and 3 show a tactile implementation information output apparatus] comprising one or more information output units [Figs 19A/B,20A/B show an output unit with pin 10 for providing tactile information], wherein each of the one or more information output units includes: a driving source part connected to a power supply and disposed to allow a current to flow [Figs. 19A/B,20A/B shows coil 50, ¶¶8, 11, 80, 83, 124, among others, describe The coil 50 may be electrically connected to the terminals 710 of the control plate 700 (referring to FIG. 3) through terminals 33a located at a bottom of the lower housing 31. When an electric current flows through the coil 50, a magnetic field may be generated around the coil 50 and/or a core 40]; an expression part formed and disposed to be detected by a user [Figs. 19A/B,20A/B show Pin 10 for providing tactile information ¶116 The pin 10 may be moved according to movement of the driving unit 20, that is, may be moved at least in upper and lower directions based on a lengthwise direction thereof]; a base part in which the driving source part and the expression part are accommodated [Figs. 19A/B,20A/B shows housing including lower middle and upper housing ##31,30,32, ¶124 describes The coil 50 may be electrically connected to the terminals 710 of the control plate 700 (referring to FIG. 3) through terminals 33a located at a bottom of the lower housing 31]; a first driving part disposed in the base part and driven by the current flowing in the driving source part [Fig. 19A/B,20A/B shows magnetic core 40 in the lower housing 31, ¶124-127, among others, describe the core 40 may be further provided, and the coil 50 may be wound around the core 40 and penetrate the lower housing 31 and middle housing 30. The core 40 may include a magnetic body, as such, a magnitude of the magnetic field may increase when the magnetic field is generated by the coil 50]; and a second driving part disposed between the first driving part and the expression part, rotatably disposed in the base part, configured to perform an angular movement or a rotational movement in response to the driving of the first driving part to transmit a driving force to the expression part [Figs. 19A/B,20A/B show driving unit 20,¶¶136-162, among others, describe the driving unit 20 may be moved via the electro-magnetic field generated due to the electric current flowing through the coil 50, and a driving force for moving the pin 10 may be provided through the movement of the driving unit 20. The driving unit 20 is arranged adjacent to the coil 50 and is driven by the electric current flowing through the coil 50 to perform an angular movement or a rotational movement. Magnet 20a may be arranged in the driving unit 20, for example, in an internal space of the driving unit 20. For example, the magnet 20a may include a magnetic material, for example, a permanent magnet. The magnet 20a may include a first region (e.g., N-pole or S-pole) and a second region (e.g., S-pole or N-pole) having different polarities from each other, and the first region and the second region having the different polarities from each other may be arranged in a Z-axis direction. The magnet 20a is inclined in a predetermined range, so as to provide the driving unit 20 with a rotation torque. As such, the driving unit 20 is easily rotated if the rotation of the driving unit 20 is started. The driving unit 20 includes the driving surface 20e on at least an outer surface thereof, and the driving surface 20e is formed to support the pin 10 and provides a driving force to the up-and-down movement of the pin 10].
In re claim 2, Kim discloses the base part includes: a first accommodating part in which the driving source part is accommodated [Figs. 19A/B,20A/B show lower housing 31 for coil 50]; a second accommodating part which is disposed to face the first accommodating part and in which the expression part is accommodated [Figs. 19A/B,20A/B show upper housing 32 for pin 10]; and a third accommodating part which connects the first accommodating part to the second accommodating part and in which the second driving part is disposed [Figs. 19A/B,20A/B show middle housing 30 connecting upper 32 and lower 31 housing, driving unit 20 sits in the middle housing 30].
In re claim 3, Kim discloses the first driving part includes a first magnetic force part and is disposed inside the driving source part [Figs. 19A/B,20A/B show core 40 disposed inside coil 50, ¶127, among others, describes core 40 is magnetic and driven by coil 50 to rotate driving member 20].
In re claim 4, Kim discloses wherein the first driving part shares a longitudinal central axis with the driving source part [Figs. 19A/B,20A/B shows core 40 central axis arranged on same longitudinal central axis as coil 50].
In re claim 5, Kim discloses a plurality of information output units, wherein the plurality of information output units are disposed to be spaced apart from each other in one direction or another direction different from the one direction [Figs. 1-3 show a plurality information output units disposed apart from each other in various directions].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is listed on the attached Notice of References Cited.
US 20210077337 discloses information output unit includes a coil unit connected to a power source to allow an electric current to flow therethrough and a base unit formed to accommodate the coil unit. The information output unit also includes an expression unit formed and arranged to allow a user to sense the expression unit and a driving unit arranged in the base unit to be separated from the coil unit. The driving unit is adjacent to the coil unit to be driven by the electric current flowing through the coil unit to perform an angular or rotational movement so as to move the expression unit in a first direction towards the coil unit and an opposite direction.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew Bodendorf whose telephone number is (571) 272-6152. The examiner can normally be reached M-F 9AM-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached on (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW BODENDORF/Examiner, Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715
