SPDETAILED 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 .
Claims 1, 8, and 15 have been marked as amended as per Applicant’s amendment filed on August 20, 2026. However, no amended language is indicated in claims 8 and 15. No claims have been canceled. Claims 1-20 are pending
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 20, 2026, has been entered.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 8-10, 15-17 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 8, 13, 14 of prior U.S. Patent No. 12,299,211. This is a statutory double patenting rejection.
Present Application
US Patent 12,299,211
8. A keyboard device comprising:
one or more processors;
one or more non-transitory, computer-readable storage mediums containing instructions configured to cause the one or more processors to perform operations including:
receiving, by the one or more processors from a host computing device communicatively coupled thereto, a request to switch to a first key input profile for a plurality of keys on the keyboard device;
determining whether the first key input profile is locally stored on the keyboard device in a persistent memory;
in response to determining that the first key input profile is stored in persistent memory, programming the plurality of keys using the first key input profile stored in the persistent memory; and
in response to determining that the first key input profile is not stored in persistent memory: writing the first key input profile to persistent memory when the first key input profile is at least n bytes in size and programming the plurality of keys using the first key input profile.
[Claim 9] 9. The keyboard device of claim 8
[Claim 9]
wherein the request to switch the first key input profile for the plurality of keys on the keyboard device includes a first hash code that represents the first key input profile, and wherein determining whether the first key input profile is locally stored on the keyboard device in the persistent memory is based on matching the first hash code with any other hash codes of the key input profiles stored in the persistent memory.
7. A keyboard device comprising:
one or more processors;
one or more non-transitory, computer-readable storage mediums containing instructions configured to cause the one or more processors to perform operations including:
receiving, by the one or more processors from a host computing device communicatively coupled thereto, a request to switch to a first key input profile for a plurality of keys on the keyboard device;
determining whether the first key input profile is locally stored on the keyboard device in a persistent memory;
in response to determining that the first key input profile is stored in persistent memory, programming the plurality of keys using the first key input profile stored in the persistent memory; and
in response to determining that the first key input profile is not stored in persistent memory: writing the first key input profile to persistent memory when the first key input profile is at least n bytes in size and programming the plurality of keys using the first key input profile,
wherein the request to switch the first key input profile for the plurality of keys on the keyboard device includes a first hash code that represents the first key input profile, and wherein determining whether the first key input profile is locally stored on the keyboard device in the persistent memory is based on matching the first hash code with any other hash codes of the key input profiles stored in the persistent memory.
10. The keyboard device of claim 9 wherein the persistent memory includes a second key input profile with a corresponding second hash code, wherein determining that the first key input profile is not stored in persistent memory further includes: determining that the first hash code does not match any other hash codes of the key input profiles stored in the persistent memory; determining a threshold match between the first key input profile and the second key input profile when the first key input profile differs from the second key input profile by less than a delta of m key assignments; receiving delta data from the host computing device corresponding only to key assignments that differ from the first key input profile to the second key input profile; and programming the plurality of keys to match the first key input profile using the second key profile in persistent memory and the delta data.
8. The keyboard device of claim 7 wherein the persistent memory includes a second key input profile with a corresponding second hash code, wherein determining that the first key input profile is not stored in persistent memory further includes: determining that the first hash code does not match any other hash codes of the key input profiles stored in the persistent memory; determining a threshold match between the first key input profile and the second key input profile when the first key input profile differs from the second key input profile by less than a delta of m key assignments; receiving delta data from the host computing device corresponding only to key assignments that differ from the first key input profile to the second key input profile; and programming the plurality of keys to match the first key input profile using the second key profile in persistent memory and the delta data.
15. A non-transitory computer-program product tangibly embodied in a machine-readable non-transitory storage medium that includes instructions configured to cause one or more processors of a keyboard device to perform operations including:
receiving, by the one or more processors from a host computing device communicatively coupled thereto, a request to switch to a first key input profile for a plurality of keys on the keyboard device;
determining whether the first key input profile is locally stored on the keyboard device in a persistent memory;
in response to determining that the first key input profile is stored in persistent memory, programming the plurality of keys using the first key input profile stored in the persistent memory; and
in response to determining that the first key input profile is not stored in persistent memory: writing the first key input profile to persistent memory when the first key input profile is at least n bytes in size and programming the plurality of keys using the first key input profile.
[Claim 16] 16. The non-transitory computer-program product of claim 15
[Claim 16] wherein the request to switch the first key input profile for the plurality of keys on the keyboard device includes a first hash code that represents the first key input profile, and wherein determining whether the first key input profile is locally stored on the keyboard device in the persistent memory is based on matching the first hash code with any other hash codes of the key input profiles stored in the persistent memory.
13. A non-transitory computer-program product tangibly embodied in a machine-readable non-transitory storage medium that includes instructions configured to cause one or more processors of a keyboard device to perform operations including:
receiving, by the one or more processors from a host computing device communicatively coupled thereto, a request to switch to a first key input profile for a plurality of keys on the keyboard device;
determining whether the first key input profile is locally stored on the keyboard device in a persistent memory;
in response to determining that the first key input profile is stored in persistent memory, programming the plurality of keys using the first key input profile stored in the persistent memory; and
in response to determining that the first key input profile is not stored in persistent memory: writing the first key input profile to persistent memory when the first key input profile is at least n bytes in size and programming the plurality of keys using the first key input profile
wherein the request to switch the first key input profile for the plurality of keys on the keyboard device includes a first hash code that represents the first key input profile, and wherein determining whether the first key input profile is locally stored on the keyboard device in the persistent memory is based on matching the first hash code with any other hash codes of the key input profiles stored in the persistent memory.
17. The non-transitory computer-program product of claim 16 wherein the persistent memory includes a second key input profile with a corresponding second hash code, wherein determining that the first key input profile is not stored in persistent memory further includes: determining that the first hash code does not match any other hash codes of the key input profiles stored in the persistent memory; determining a threshold match between the first key input profile and the second key input profile when the first key input profile differs from the second key input profile by less than a delta of m key assignments; receiving delta data from the host computing device corresponding only to key assignments that differ from the first key input profile to the second key input profile; and programming the plurality of keys to match the first key input profile using the second key profile in persistent memory and the delta data.
14. The non-transitory computer-program product of claim 13 wherein the persistent memory includes a second key input profile with a corresponding second hash code, wherein determining that the first key input profile is not stored in persistent memory further includes: determining that the first hash code does not match any other hash codes of the key input profiles stored in the persistent memory; determining a threshold match between the first key input profile and the second key input profile when the first key input profile differs from the second key input profile by less than a delta of m key assignments; receiving delta data from the host computing device corresponding only to key assignments that differ from the first key input profile to the second key input profile; and programming the plurality of keys to match the first key input profile using the second key profile in persistent memory and the delta data.
Claim Rejections - 35 USC § 103
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, 8, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Heo (US 2020/0167071 A1, Published May 28, 2020) in view of Casparian (US 2018/0219553 A1, Published August 2, 2018) and Shen (CN 115221076 A, Published October 21, 2022 – Translation attached).
As to claim 1, Heo discloses a computer-implemented method comprising: receiving, by one or more processors of a keyboard device from a host computing device communicatively coupled thereto, a request to switch to a first key input profile for a plurality of keys on the keyboard device (Heo at Figs. 3-4, Step 430 is analogous to a request to switch to a first key input profile; ¶ [0071]);
programming the plurality of keys using the first key input profile (Heo at Fig. 3-4, Step 450; ¶ [0072]),
wherein said programming includes: determining whether the first key input profile is locally stored… (Heo at Figs 3-4, Step 440; ¶ [0071]-[0072]); and
in response to determining that the first key input profile is not stored in persistent memory (Heo at Fig. 4, Steps 440-460).
While Heo does disclose in response to determining that the first key input profile is not stored in persistent memory (Heo at Fig. 4, Steps 440-460), Heo does not disclose writing the first key input profile to persistent memory when the first key input profile is at least n bytes in size; and using the first key input profile received from the host computing device for said programming.
However, Casparian does disclose writing the first key input profile to persistent memory (Casparian at Fig. 3, application key configuration parameters 320; ¶ [0076] discloses “In one embodiment, application key configuration parameters 320 may reside (be stored) in volatile and/or non-volatile random access memory (RAM) inside keyboard MCU 121, or may alternatively reside in volatile or non-volatile memory separate from keyboard MCU 121 as illustrated in FIG. 3. In any case, keyboard MCU 121 may then access and use the user-configurable key map information within the application key configuration parameters 320 as the basis for controlling retraction and/or peak depression force of individual retractable key assemblies 405 of keyboard matrix 199.” ¶ [0144] discloses “This user-created application key profile configuration settings file may also associated with the given user application 312 and stored in system storage 135 (e.g., non-volatile memory such as a hard drive, solid state drive “SSD”, Flash memory, etc.)”).1
Casparian also discloses using the first key input profile received from the host computing device for said programming (Casparian at Fig. 10, steps 1008 and 1020; Fig. 11, step 1104; ¶ [0144]).
Heo discloses a base keyboard device upon which the claimed invention is an improvement. Casparian discloses a comparable keyboard device which has been improved in the same way as the claimed invention. Hence, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify or add to Heo the teachings of Casparian for the predictable result of providing systems and methods are disclosed herein that may be implemented to indicate real time availability of individual key assemblies for user input to an information handling system (Casparian at ¶ [0007]).
The combination of Heo and Casparian does not expressly disclose that the writing occurs when the first key input profile is at least n bytes in size.
However, Shen does contemplate that the writing occurs when the first key input profile is at least n bytes in size (Shen at Page 2 discloses “and the Optane-persistent memory developed by Intel Corporation has been commercially available. persistent memory has low delay, non-volatile, byte characteristics, further has high expandability, low energy consumption and large storage density and so on. different according to the realizing technology, persistent memory device also has different access granularity and persistent domain, the hardware of the characteristics, such as Intel Optane persistent memory 100 series and 200 series has 256 bytes of access granularity (the minimum unit of reading and writing)”).
The combination of Heo and Casparian discloses a base nonvolatile memory upon which the claimed invention is an improvement. Shen discloses a comparable nonvolatile memory which has been improved in the same way as the claimed invention. Hence, it would have been obvious to a person having ordinary skill in the art before the effective filing date to simply substitute the memory of Shen into that for the combination of Heo and Casparian with predictable results of storing data.
As to claim 8, Heo discloses a keyboard device comprising:
one or more processors; one or more non-transitory, computer-readable storage mediums containing instructions configured to cause the one or more processors to perform operations (Heo at Figs. 1-3) including:
receiving, by the one or more processors from a host computing device communicatively coupled thereto, a request to switch to a first key input profile for a plurality of keys on the keyboard device (Heo at Figs. 3-4, Step 430 is analogous to a request to switch to a first key input profile; ¶ [0071]);
determining whether the first key input profile is locally stored… (Heo at Figs 3-4, Step 440; ¶ [0071]-[0072]);
in response to determining that the first key input profile is stored in persistent memory, programming the plurality of keys using the first key input profile stored in the persistent memory (Heo at Fig. 3-4, Step 450; ¶ [0072]); and
in response to determining that the first key input profile is not stored in persistent memory (Heo at Fig. 4, Steps 440-460).
While Heo does disclose in response to determining that the first key input profile is not stored in persistent memory (Heo at Fig. 4, Steps 440-460), the combination does not disclose writing the first key input profile to persistent memory when the first key input profile is at least n bytes in size and programming the plurality of keys using the first key input profile.
However, Casparian does disclose that the first key input profile is stored on a persistent memory of the keyboard device (Casparian at Fig. 3, application key configuration parameters 320; ¶ [0076] discloses “In one embodiment, application key configuration parameters 320 may reside (be stored) in volatile and/or non-volatile random access memory (RAM) inside keyboard MCU 121, or may alternatively reside in volatile or non-volatile memory separate from keyboard MCU 121 as illustrated in FIG. 3. In any case, keyboard MCU 121 may then access and use the user-configurable key map information within the application key configuration parameters 320 as the basis for controlling retraction and/or peak depression force of individual retractable key assemblies 405 of keyboard matrix 199.” ¶ [0144] discloses “This user-created application key profile configuration settings file may also associated with the given user application 312 and stored in system storage 135 (e.g., non-volatile memory such as a hard drive, solid state drive “SSD”, Flash memory, etc.)”).2
Casparian also discloses writing the first key input profile to persistent memory… and programming the plurality of keys using the first key input profile (Casparian at Fig. 10, steps 1008 and 1020; Fig. 11, step 1104; ¶ [0144]).
Heo discloses a base keyboard device upon which the claimed invention is an improvement. Casparian discloses a comparable keyboard device which has been improved in the same way as the claimed invention. Hence, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify or add to Heo the teachings of Casparian for the predictable result of providing systems and methods are disclosed herein that may be implemented to indicate real time availability of individual key assemblies for user input to an information handling system (Casparian at ¶ [0007]).
The combination of Heo and Casparian does not expressly disclose that the writing occurs when the first key input profile is at least n bytes in size.
However, Shen does contemplate that the writing occurs when the first key input profile is at least n bytes in size (Shen at Page 2 discloses “and the Optane-persistent memory developed by Intel Corporation has been commercially available. persistent memory has low delay, non-volatile, byte characteristics, further has high expandability, low energy consumption and large storage density and so on. different according to the realizing technology, persistent memory device also has different access granularity and persistent domain, the hardware of the characteristics, such as Intel Optane persistent memory 100 series and 200 series has 256 bytes of access granularity (the minimum unit of reading and writing)”).
The combination of Heo and Casparian discloses a base nonvolatile memory upon which the claimed invention is an improvement. Shen discloses a comparable nonvolatile memory which has been improved in the same way as the claimed invention. Hence, it would have been obvious to a person having ordinary skill in the art before the effective filing date to simply substitute the memory of Shen into that for the combination of Heo and Casparian with predictable results of storing data.
As to claim 15, Heo discloses a non-transitory computer-program product tangibly embodied in a machine-readable non-transitory storage medium that includes instructions configured to cause one or more processors of a keyboard device to perform operations (Heo at Figs. 1-3) including:
receiving, by the one or more processors from a host computing device communicatively coupled thereto, a request to switch to a first key input profile for a plurality of keys on the keyboard device (Heo at Figs. 3-4, Step 430 is analogous to a request to switch to a first key input profile; ¶ [0071]);
determining whether the first key input profile is locally stored… (Heo at Figs 3-4, Step 440; ¶ [0071]-[0072]); on the keyboard device in a persistent memory;
in response to determining that the first key input profile is stored in persistent memory, programming the plurality of keys using the first key input profile stored in the persistent memory (Heo at Fig. 3-4, Step 450; ¶ [0072]); and
in response to determining that the first key input profile is not stored in persistent memory (Heo at Fig. 4, Steps 440-460).
While Heo does disclose in response to determining that the first key input profile is not stored in persistent memory (Heo at Fig. 4, Steps 440-460), the combination does not disclose writing the first key input profile to persistent memory when the first key input profile is at least n bytes in size and programming the plurality of keys using the first key input profile.
However, Casparian does disclose that the first key input profile is stored on a persistent memory of the keyboard device (Casparian at Fig. 3, application key configuration parameters 320; ¶ [0076] discloses “In one embodiment, application key configuration parameters 320 may reside (be stored) in volatile and/or non-volatile random access memory (RAM) inside keyboard MCU 121, or may alternatively reside in volatile or non-volatile memory separate from keyboard MCU 121 as illustrated in FIG. 3. In any case, keyboard MCU 121 may then access and use the user-configurable key map information within the application key configuration parameters 320 as the basis for controlling retraction and/or peak depression force of individual retractable key assemblies 405 of keyboard matrix 199.” ¶ [0144] discloses “This user-created application key profile configuration settings file may also associated with the given user application 312 and stored in system storage 135 (e.g., non-volatile memory such as a hard drive, solid state drive “SSD”, Flash memory, etc.)”).3
Casparian also discloses writing the first key input profile to persistent memory… and programming the plurality of keys using the first key input profile (Casparian at Fig. 10, steps 1008 and 1020; Fig. 11, step 1104; ¶ [0144]).
Heo discloses a base keyboard device upon which the claimed invention is an improvement. Casparian discloses a comparable keyboard device which has been improved in the same way as the claimed invention. Hence, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify or add to Heo the teachings of Casparian for the predictable result of providing systems and methods are disclosed herein that may be implemented to indicate real time availability of individual key assemblies for user input to an information handling system (Casparian at ¶ [0007]).
The combination of Heo and Casparian does not expressly disclose that the writing occurs when the first key input profile is at least n bytes in size.
However, Shen does contemplate that the writing occurs when the first key input profile is at least n bytes in size (Shen at Page 2 discloses “and the Optane-persistent memory developed by Intel Corporation has been commercially available. persistent memory has low delay, non-volatile, byte characteristics, further has high expandability, low energy consumption and large storage density and so on. different according to the realizing technology, persistent memory device also has different access granularity and persistent domain, the hardware of the characteristics, such as Intel Optane persistent memory 100 series and 200 series has 256 bytes of access granularity (the minimum unit of reading and writing)”).
The combination of Heo and Casparian discloses a base nonvolatile memory upon which the claimed invention is an improvement. Shen discloses a comparable nonvolatile memory which has been improved in the same way as the claimed invention. Hence, it would have been obvious to a person having ordinary skill in the art before the effective filing date to simply substitute the memory of Shen into that for the combination of Heo and Casparian with predictable results of storing data.
Response to Arguments
Applicant's arguments filed with respect to claims 1-20 have been fully considered but they are not persuasive.
As to claim 1, Applicant’s contends that the combination of Heo, Casparian, and Sun fails to disclose the claim aspect of “in response to determining that the first key input profile is stored in persistent memory, retrieving the first key input profile stored in the persistent memory” (Applicant’s Response (AR) at pages 10-11). This argument is now moot because Applicant has deleted this previously recited claimed language of claim 1.
As to claims 8 and 15, Applicant contends that there is no motivation to combine the teachings of Heo and Casparian (AR at pages 11-13). Examiner respectfully disagrees. Both Heo and Casparian are directed to key based input device (keyboards). Therefore, there exists an ample nexus from which a person having ordinary skill would be motivated to combine their teachings as described above in the substantive rejection of the claims.
Further, Examiner respectfully disagrees with contending that the Shen reference is misapplied (AR at page 12). First, Shen is not offered for disclosing “a low-level memory hardware specification” as contended by Applicant (AR at page 12). Instead, Shen is offered for suggesting the claimed aspect of “that the writing occurs when the first key input profile is at least n bytes in size.” Moreover, Examiner submits that such claim aspect is well-known in the art. Early hard disk drives were routinely equipped with a cache memory which would write data to the hard disk when the cache storage reached a threshold. Thus, such performance optimization is well-known in the art. To the extent that Applicant’s invention differs from the prior art, if any, such differences are not clearly manifested in the recitation of the claims 1, 8, or 15.
Finally, Applicant’s Terminal Disclaimer filed on August 20, 2026, cannot remedy the statutory Double Patenting Rejection asserted above for claims 8 and 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sanjiv D Patel whose telephone number is (571)270-5731. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
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, William Boddie can be reached on 571-272-0666. 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.
/Sanjiv D. Patel/Primary Examiner, Art Unit 2623
08/26/2026
1 See also Sun (2004/0150535 A1, Published August 5, 2004) at Fig. 1, non-volatile memory 122 of input device 10 including keyboard 14; ¶ [0012] discloses “the keyboard 14 can directly change the mapping of the keys on the keyboard 14 by programming the nonvolatile memory 122. In other words, the keys of the keyboard 14 can be redefined by programming their mapping or key definitions into the nonvolatile memory 122.”.
2 See also Sun.
3 See also Sun in Conclusion section below.
Prosecution Insights