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 .
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,287,923, claims 1-21 of U.S. Patent No. 11,899,850 and claims 1-20 of U.S. Patent No. 11,921,937. Although the claims at issue are not identical, they are not patentably distinct from each other because, as can be seen from the comparison table below independent claims of current application is slightly broader version of patented application with some very obvious modifications.
The following table is an example for comparing independent claims of this application and U.S. Patent No. 12,287,923, U.S. Patent No. 11,899,850, and claims 1-20 of U.S. Patent No. 11,921,937.
Application 19172427
U.S. Patent No. 12,287,923
21. A keyswitch comprising: a contact-based switch configured to operate in: a first position that opens an electric circuit; and a second position that closes the electric circuit; and a contactless switch, wherein when the keyswitch is depressed by a threshold distance, the contact-based switch moves from the first position to the second position, and wherein the contactless switch is activated when the contact-based switch is in the second position.
25. An input device comprising: a depressible element; and a keyswitch comprising: a contact-based switch configured to operate in: a first position that opens an electric circuit; and a second position that closes the electric circuit; and a contactless switch, wherein when the depressible element is depressed by a threshold distance, the contact-based switch moves from the first position to the second position, and wherein the contactless switch is activated when the contact-based switch is in the second position.
34. A method of operating a hybrid keyswitch, the method comprising: in response to a depressible element being depressed by at least a threshold distance: switching a contact-based switch of the hybrid keyswitch to a first position wherein electricity conducts across contacts of the contact-based switch; and activating a contactless switch of the hybrid keyswitch; and in response to the depressible element moving above the threshold distance: switching the contact-based switch of the keyswitch to a second position wherein no electricity conducts across the contacts; and deactivating the contactless switch of the hybrid keyswitch.
1. An input device comprising: one or more processors; a depressible element including at least two switches including: a first switch configured to generate a first signal when the depressible element is depressed by a threshold distance, the first switch being a contact-based switch; and a second switch configured to generate a second signal when the second switch is in an active state, the second switch being a contactless switch, wherein the one or more processors are communicatively coupled to the first switch and the second switch and are configured to: receive the first signal from the first switch; configure the second switch to change from an inactive state to an active state in response to receiving the first signal; after the second switch is changed to the active state, receive the second signal from the second switch in the active state; and generate event data indicating that the depressible element is depressed.
11. An input device comprising: one or more processors; a depressible element including at least two switches including: a first switch configured to generate a first signal when the depressible element is depressed by a threshold distance, the first switch being a contact-based switch; and a second switch configured to generate a second signal indicating a position of the depressible element, the second switch being a contactless switch, wherein the one or more processors are communicatively coupled to the first switch and the second switch and are configured to: receive the first signal from the first switch; configure the second switch to change from an inactive state to an active state in response to receiving the first signal; after the second switch is changed to the active state, receive the second signal from the second switch in the active state when the depressible element is depressed; and generate event data indicating that the depressible element is depressed.
19. A keyboard comprising: one or more processors; a depressible key structure including at least two switches and a key cap including: a first switch configured to generate a first signal when the key cap is depressed by at least a threshold distance; and a second switch configured to generate a second signal indicating a displacement of the key cap after the key cap is depressed by at least the threshold distance and the second switch is in an active state, wherein the one or more processors are communicatively coupled to the first switch and the second switch and are configured to: receive the first signal from the first switch; configure the second switch to change from an inactive state to an active state in response to receiving the first signal; after the second switch is changed to the active state, receive the second signal from the second switch in the active state; and generate event data indicating that the depressible key structure is depressed.
Application 18443108
U.S. Patent No. 11,899,850
21. A keyswitch comprising: a contact-based switch configured to operate in: a first position that opens an electric circuit; and a second position that closes the electric circuit; and a contactless switch, wherein when the keyswitch is depressed by a threshold distance, the contact-based switch moves from the first position to the second position, and wherein the contactless switch is activated when the contact-based switch is in the second position.
25. An input device comprising: a depressible element; and a keyswitch comprising: a contact-based switch configured to operate in: a first position that opens an electric circuit; and a second position that closes the electric circuit; and a contactless switch, wherein when the depressible element is depressed by a threshold distance, the contact-based switch moves from the first position to the second position, and wherein the contactless switch is activated when the contact-based switch is in the second position.
34. A method of operating a hybrid keyswitch, the method comprising: in response to a depressible element being depressed by at least a threshold distance: switching a contact-based switch of the hybrid keyswitch to a first position wherein electricity conducts across contacts of the contact-based switch; and activating a contactless switch of the hybrid keyswitch; and in response to the depressible element moving above the threshold distance: switching the contact-based switch of the keyswitch to a second position wherein no electricity conducts across the contacts; and deactivating the contactless switch of the hybrid keyswitch.
1. An input device comprising: one or more processors; a depressible element including at least two switches including: a first switch configured to generate a first signal when the depressible element is depressed by a threshold distance, the first switch being a contact-based switch; and a second switch configured to generate a second signal indicating when the depressible element is depressed by the threshold distance and the second switch is in an active state, the second switch being a contactless switch, wherein the one or more processors are communicatively coupled to the first switch and the second switch and are configured to: receive the first signal from the first switch; configure the second switch to change from an inactive state to an active state in response to receiving the first signal; after the second switch is changed to the active state, receive the second signal from the second switch in the active state when the depressible element is depressed by the threshold distance; and generate event data indicating that the depressible element is depressed by the threshold distance.
11. An input device comprising: one or more processors; a depressible element including at least two switches including: a first switch configured to generate a first signal when the depressible element is depressed by a threshold distance, the first switch being a contact-based switch; and a second switch configured to generate a second signal indicating when the depressible element is depressed by the threshold distance and the second switch is in an active state, the second switch being a contactless switch, wherein the one or more processors are communicatively coupled to the first switch and the second switch and are configured to: receive the first signal from the first switch; configure the second switch to change from an inactive state to an active state in response to receiving the first signal; after the second switch is changed to the active state, receive the second signal from the second switch in the active state when the depressible element is depressed by the threshold distance; and generate event data indicating that the depressible element is depressed by the threshold distance.
21. A keyboard comprising: one or more processors; a depressible key structure including at least two switches and a key cap including: a first switch configured to generate a first signal when the key cap is depressed by at least a threshold distance; and a second switch configured to generate a second signal indicating when the key cap is depressed by at least the threshold distance and the second switch is in an active state, wherein the one or more processors are communicatively coupled to the first switch and the second switch and are configured to: receive the first signal from the first switch; configure the second switch to change from an inactive state to an active state in response to receiving the first signal; after the second switch is changed to the active state, receive the second signal from the second switch in the active state when the depressible key structure is depressed by at least the threshold distance; and generate event data indicating that the depressible key structure is depressed by the threshold distance.
Application 18443108
U.S. Patent No. 11,921,937
21. A keyswitch comprising: a contact-based switch configured to operate in: a first position that opens an electric circuit; and a second position that closes the electric circuit; and a contactless switch, wherein when the keyswitch is depressed by a threshold distance, the contact-based switch moves from the first position to the second position, and wherein the contactless switch is activated when the contact-based switch is in the second position.
25. An input device comprising: a depressible element; and a keyswitch comprising: a contact-based switch configured to operate in: a first position that opens an electric circuit; and a second position that closes the electric circuit; and a contactless switch, wherein when the depressible element is depressed by a threshold distance, the contact-based switch moves from the first position to the second position, and wherein the contactless switch is activated when the contact-based switch is in the second position.
34. A method of operating a hybrid keyswitch, the method comprising: in response to a depressible element being depressed by at least a threshold distance: switching a contact-based switch of the hybrid keyswitch to a first position wherein electricity conducts across contacts of the contact-based switch; and activating a contactless switch of the hybrid keyswitch; and in response to the depressible element moving above the threshold distance: switching the contact-based switch of the keyswitch to a second position wherein no electricity conducts across the contacts; and deactivating the contactless switch of the hybrid keyswitch.
1. An input device comprising: one or more processors; a depressible element including: a first switch configured to generate a first signal when the depressible element is activated, the first switch being a contact-based switch; and a second switch configured to generate a second signal indicating when the depressible element is activated, the second switch being a contactless switch, wherein the one or more processors are communicatively coupled to the first switch and the second switch, and the one or more processors are configured to: receive the first signal from the first switch; receive the second signal from the second switch; and validate the first signal based on the second signal indicating that the depressible element is activated.
11. A method of operating an input device, the method comprising: receiving a first signal from a first switch of the input device, the first switch configured to generate the first signal when a depressible element of the input device is activated, the first switch being a contact-based switch; receiving a second signal from a second switch, the second signal indicating whether the depressible element is activated, the second switch being a contactless switch; and validating the first signal based on the second signal indicating that the depressible element is activated.
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.
Claims 21-26, 31-35, and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bokma (US 20130141342).
Regarding claim 21: Bokma teaches a keyswitch (Fig. 1A, 4 and paragraph [0030] teach a keyswitch or button 100 or 400) comprising: a contact-based switch configured to operate in: a first position that opens an electric circuit; and a second position that closes the electric circuit (Fig. 1A-C, 4A-4B and paragraph [0029-0033, 0044-0048] teach a contact based switch 404 in a first position as shown in Fig. 4A that opens an electric circuit wherein electrodes 408 and 410 are not contacting each other, and a second position as shown in Fig. 4B that closes the electric circuit electrodes 408 and 410 in contact with each other); and a contactless switch, wherein when the keyswitch is depressed by a threshold distance, the contact-based switch moves from the first position to the second position, and wherein the contactless switch is activated when the contact-based switch is in the second position (Figs. 2, 4A-B and paragraph [0034-0037, 0044-0048] a contactless switch 402 wherein when the keyswitch 400 is depressed by a threshold distance, the contact-based switch 404 moves from the first position to the second position as shown in Fig. 4A-B, and the contactless switch 402 is activated when the contact-based switch is in the second position).
Regarding claims 22 & 31: Bokma teaches wherein the contact-based switch is an electric or galvanic contact-based switch (Fig. 4A-C and paragraph [0044-0047] wherein the contact-based switch 404 is an electric contact-based switch wherein electrodes contact each other).
Regarding claims 23 & 32: Bokma teaches wherein the contactless switch is one of an optical, capacitive, inductive, piezo, or magnetic contactless switch (Fig. 1 & 3-4 and paragraph [0030-0032 and 0041-0043] teach the contact less switch #102 or 402 as capacitive touch sensor switch).
Regarding claims 24 & 33: Bokma teaches wherein when the contact-based switch is in the first position, the keyswitch operates in a low power mode of operation, and wherein when the contact-based switch is in the second position, the keyswitch operates in a high power mode of operation (Figs. 1-2, 4A-C and paragraph [0030-0031, 0034, 0054] teach the keyswitch 100 or 400 operates in a low power mode when the contact based switch is in the first position Fig. 4A and contact less switch is not active and works in high power mode when the contact based switch is in the second position Fig. 4B. and contact less switch is activated and consumes power).
Regarding claim 25: Bokma teaches an input device (Figs. 7A-C and paragraph [0060-0062]) comprising: a depressible element; and a keyswitch (Fig. 1A, 4 and paragraph [0030] teach a keyswitch or button 100 or 400 with a top portion as depressible element) comprising: a contact-based switch configured to operate in: a first position that opens an electric circuit; and a second position that closes the electric circuit (Fig. 1A-C, 4A-4B and paragraph [0029-0033, 0044-0048] teach a contact based switch 404 in a first position as shown in Fig. 4A that opens an electric circuit wherein electrodes 408 and 410 are not contacting each other, and a second position as shown in Fig. 4B that closes the electric circuit electrodes 408 and 410 in contact with each other); and a contactless switch, wherein when the depressible element is depressed by a threshold distance, the contact-based switch moves from the first position to the second position, and wherein the contactless switch is activated when the contact-based switch is in the second position (Figs. 2, 4A-B and paragraph [0034-0037, 0044-0048] teach a contactless switch 402 wherein when the keyswitch 400 is depressed by a threshold distance, the contact-based switch 404 moves from the first position to the second position as shown in Fig. 4A-B, and the contactless switch 402 is activated when the contact-based switch is in the second position).
Regarding claims 26 & 35: Bokma teaches wherein the contactless switch, when activated, generates a signal corresponding to a distance that the depressible element has travelled (Figs. 1-2, 4-5 and paragraph [0034-0040, 0044-0054] teach the second signal from the second switch is only generated after activation and activation happens when the switch is depressed to a distance to make an electric contact between two electrodes see Figs. 4A-B, hence providing an indication of the distance travelled to meet the threshold by the depressible element).
Regarding claim 34: Bokma teaches a method of operating a hybrid keyswitch (Fig. 1A, 4 and paragraph [0030] teach a keyswitch or button 100 or 400 with a top portion as depressible element), the method comprising: in response to a depressible element being depressed by at least a threshold distance: switching a contact-based switch of the hybrid keyswitch to a first position wherein electricity conducts across contacts of the contact-based switch (Fig. 1A-C, 4A-4B and paragraph [0029-0033, 0044-0048] teach a contact based switch 404 in a first position as shown in Fig. 4A that opens an electric circuit wherein electrodes 408 and 410 are not contacting each other, and a second position as shown in Fig. 4B when the depressible element being depressed by at least a threshold distance that closes the electric circuit electrodes 408 and 410 in contact with each other); and activating a contactless switch of the hybrid keyswitch; and in response to the depressible element moving above the threshold distance: switching the contact-based switch of the keyswitch to a second position wherein no electricity conducts across the contacts; and deactivating the contactless switch of the hybrid keyswitch (Figs. 2, 4A-B and paragraph [0005, 0025-0026, 0030-0037, 0044-0048] teach a contactless switch 402 wherein when the keyswitch 400 is depressed by a threshold distance, the contact-based switch 404 moves from the first position to the second position as shown in Fig. 4A-B, and the contactless switch 402 is activated when the contact-based switch is in the second position, and deactivating the contactless switch when the keyswitch is not depressed).
Regarding claim 40: Bokma teaches wherein the contact-based switch is an electric or galvanic contact-based switch, and wherein the contactless switch is one of an optical, capacitive, inductive, piezo, or magnetic contactless switch (Fig. 4A-C and paragraph [0044-0047] wherein the contact-based switch 404 is an electric contact-based switch wherein electrodes contact each other. Fig. 1 & 3-4 and paragraph [0030-0032 and 0041-0043] teach the contact less switch #102 or 402 as capacitive touch sensor switch).
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 27-29 and 36-38 are rejected under 35 U.S.C. 103 as being unpatentable over Bokma (US 20130141342) in the view of Madesn (US 20200218362).
Regarding claims 27-29 & 36-38: Bokma does not explicitly disclose wherein the contactless switch, when activated, generates an analog output signal; wherein the analog output signal changes based on a position of the depressible element; and wherein the analog output signal changes based on a movement of the depressible element.
However, Madesn teaches wherein the contactless switch, when activated, generates an analog output signal; wherein the analog output signal changes based on a position of the depressible element; and wherein the analog output signal changes based on a movement of the depressible element (paragraph [0048] the switch is configured to provide an analog output signal which changes based on the position and/or movement of the depressible element). It would have been obvious for a person skilled in the art, at the time of the invention to modify Bokma’s invention by including above teachings of Madsen, because utilizing such technique allows the system to accurately calculate the distance depressed and further can be utilized to create event signals, as taught by Madesn. The rationale would have been to use a known method or technique to achieve predictable results.
Claims 30 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Bokma (US 20130141342) in the view of Wang (US 20170084406).
Regarding claims 30 & 39: Bokma does not explicitly teach wherein the input device is a keyboard, and wherein the depressible element is a key on the keyboard.
However, Wang teaches wherein the input device is a keyboard, and wherein the depressible element is a key on the keyboard (Fig. 5 and paragraph [0036] teach the depressible element is a button 110 on the computer or the keyboard). It would have been obvious for a person skilled in the art, at the time of the invention to modify Bokma’s invention by including the button in a keyboard, because each of the devices requires a button input and multifunction button of Bokma can serve that very purpose, as shown by Wang as well. The rationale would have been to use a known method or technique to achieve predictable results.
Conclusion
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/AMIT CHATLY/Primary Examiner, Art Unit 2624