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 June 2026 have been fully considered but they are not persuasive. The Examiner respectively disagrees with Applicant’s assertions that Hicks does not teach the amendment of claim 8. Hicks teaches that any combination of colors or multiple colors may be used on the visual indicators or display and tunable by the user (See; p[0040]) and where any claimed color combination would be an obvious design choice based on the preferences of the user. Further in the example previously cited, the visual indicator illuminates blue to match the blue color of an icon, where it is obvious that generally icons are not a single color such as blue, however they may be a majority blue (or the avg color of the icon is blue) such as the well-known Microsoft Word Icon made of blues and whites, where the avg would still be blue. The Examiner respectively disagrees with Applicant’s assertions that Hicks does not teach the amendment of claim 1. Hicks teaches in p[0038]-p[0039] that the visual indicator 120 may be provided with any desired geometry. Examples are of a square ring which assumes a square pen or a visual indicator that circumscribes the stylus in the shape of the stylus or the visual indicator may be provided along a length of the stylus. Still further Fig. 2C and p[0043] shows a display 130 which may be implemented as an alternative to visual indicators where the display contains an internal light source recessed below and viewable at a planar side surface of the stylus tool. With regards to claim 14, the Examiner respectively disagrees with Applicant’s assertions that Hicks does not teach the amendment. Hicks teaches in Fig. 1A and p[0084] a device 200 having a touch screen communicating with a stylus where the DATA transmitted and received between the two devices is used in concert with touch signals to issue commands. Further the stylus can be any type of stylus including capacitive, resistive or active stylus that transmit motion input to the computing device (See; p[0030]).
Claim Rejections - 35 USC § 112
Claims 14-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. It is not readily apparent to the examiner where support for “wherein the computing device generates a command based on a combination of a first control signal from the stylus tool’s movement and a second control signal from the input device” resides in the specification. The specification appears to state either a first signal or a second signal are output based on if the stylus is in contact or not with the computing device and does not mention a combination of the signals. Further explanation is required.
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) 1-3 and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over WU et al (20110285671) (herein “Wu”) in view of Hicks et al (2014/0253469) (herein “Hicks”). In regards to claim 1, Wu teaches a computing device system, comprising: a computing device including a housing (See; Fig. 2 220); and a stylus tool removably mounted to the housing, the stylus tool comprising: an elongated body portion; a tip portion adjacent to the elongated body portion (See; Fig. 2 for a stylus 210 with an elongated body removably mounted to the housing 220). Wu fails to explicitly teach an internal light source recessed below and viewable at at least one portion of a planar side surface of the stylus tool. However, Hicks teaches a stylus tool comprising: an elongated body portion; a tip portion adjacent to the elongated body portion and an internal light source recessed below and viewable at at least one portion of a planar side surface of the stylus tool (See; Fig. 2A, p[0036]-p[0043] and p[0070] for a stylus having visual indicator 120 that illuminates colors where the visual indicator 120 may be provided with any desired geometry. Where the visual indicator 120 may include recessed LED light sources coupled with a light ring / light guide structure or LEDs/backlight associated with a display. Further see Fig. 2C, p[0043] and p[0048]-p[0049] where a color display 130 mounted on the stylus tool may be configured to display the same image/ text/ icons/ video that is displayed on the paired devices display). Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to modify WU’s stylus with the light source of Hick’s pen unit so as to add additional functionality to the stylus, for example in aiding of a notification system, thus increasing user satisfaction in the device.
In regards to claim 2, the combination of Wu and Hicks teaches wherein the light source is viewable at the at least one portion of the top surface of the stylus tool when the stylus tool is mounted to the housing (See; Fig. 2 of Wu where the mounted stylus is entirely exposed on one side, and thus the light shining from Hick’s visual indicator 120 or Display 130 (See; Fig. 2A, 2C) would be visible while mounted).
In regards to claim 3, Wu teaches wherein: the housing defines a recess sized and shaped to receive the stylus tool; and the stylus tool is removably mountable in the recess (See; Fig. 2 of Wu). Wu fails to explicitly teach with the light source illuminating at least one of a side wall or a bottom wall of the recess. However, the combination of Wu incorporating Hick’s stylus would teach the light source illuminating at least one of a side wall or a bottom wall of the recess (See; Fig. 2A, 2C of Hicks where the visual indicator 120 of Hicks encompasses the stylus and thus would illuminate the walls of the recess). Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to modify WU’s stylus with the light source of Hick’s pen unit so as to add additional functionality to the stylus, for example in aiding of a notification system, thus increasing user satisfaction in the device. In regards to claim 5, Hicks teaches wherein: the computing device comprises a display; and light from the light source is viewable through the tip portion (See; p[0087] where the visual indicator 120 may be positioned anywhere along the length of the stylus including a tip portion 114) with color properties based on a color property of the display (See; p[0070] where the visual indicator of the stylus can illuminate blue to match the blue color of an icon displayed on the paired device 200).
In regards to claim 6, Hicks teaches wherein the color properties are controllable in response to movement of the stylus tool relative to the display (See; p[0041] where the stylus illuminates in a color to match the selected tool. Where the tools are selected by the movement of the stylus tool. In other words the stylus is a motion based input device, where the user must move the stylus to select icons on the display. Thus that movement to select a tool leads to a color change).
In regards to claim 7, Hicks teaches wherein the color property of the display includes a hue, saturation, or brightness of the display (See; p[0040]-p[0041] where intensity / brightness may be varied on the visual indicator based on the displayed icon/ tools that are being matched).
Claim(s) 8-10 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hicks et al (2014/0253469) (herein “Hicks”). In regards to claim 8, Hicks teaches a computing input device system, comprising: a computing device including a display; and an input tool communicatively coupled to the computing device (See; Fig. 1A) and comprising: a stylus tip portion (See; Fig. 2A for tip portion 114); and a light source positioned at the stylus tip portion (See; p[0087] where the visual indicator 120 may be positioned anywhere along the length of the stylus including a tip portion 114); a processor; and a memory device (See; Fig. 2B) storing computer-executable instructions that, when executed by the processor, cause the processor to: detect a color property of the display of the computing device; and emit light from the light source of the input tool based on the color property (See; p[0070] where the visual indicator of the stylus can match the colors on display, for example the stylus can illuminate blue to match the blue color of an icon displayed on the paired device 200). Hicks fails to explicitly teach wherein the color property is based on an average color attribute of a group of different colored pixels of the display. However, Hicks teaches that the visual indicator illuminates blue to match the blue color of an icon (See; p[0070]), where it is obvious that icons are typically not a single color (For example, an icon may be a majority color of blue however not completely blue such as the well-known Microsoft Word Icon, and in that situation it is determined that the avg color of the pixels comprising the icon is blue). Further Hicks teaches that the light emitted by the visual indicator 120 may be varied to emit light of any given color or multiple colors, or different color temperatures, patterns, intensities or tunable / customizable by the user (See; p[0040]). Still further Hicks teaches a display which can display the same icon which could be considered an average color attribute of a group of different colored pixels (See Fig. 2C, p[0043] and p[0048]-p[0049] where a color display 130 mounted on the stylus tool may be configured to display the same image/ text/ icons/ video that is displayed on the paired devices display). Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to modify Hicks’ light source or display to use a color property based on an average color attribute of a group of different colored pixels (icon) of the display as a mere design choice based on the preferences of the user.
In regards to claim 9, Hicks teaches wherein the color property includes at least one of a pixel color, a pixel hue, or a pixel brightness of the display (See; p[0070] where the visual indicator of the stylus can match the colors on display, for example the stylus can illuminate blue to match the blue color of an icon displayed on the paired device 200. If the colors are matched it would inherently include at least one of the pixel color, pixel hue or pixel brightness of the display).
In regards to claim 10, Hicks teaches wherein the color property corresponds to a portion of the display positioned adjacent to the stylus tip portion (See; p[0041] where the stylus illuminates in a color to match the selected tool. Where the tools are selected by the physical tip position of the stylus. Thus the stylus tip’s position to select a tool leads to a color change to match the tool’s displayed colors).
In regards to claim 12, Hicks teaches wherein the color property is a hue of the display, and light emitted from the light source has a similar hue to the hue of the display (See; p[0070] where the visual indicator of the stylus can match the colors (Hue) on display, for example the stylus can illuminate blue to match the blue color of an icon displayed on the paired device 200.
In regards to claim 13, Hicks teaches the light source is positioned internal to the input tool; and the stylus tip portion is transparent or translucent (See; p[0037]), wherein emitted light from the light source is viewable through an outer surface of the stylus tip portion (See; p[0087] where the visual indicator 120 may be positioned anywhere along the length of the stylus including a tip portion 114).
Claim(s) 14, 15, 17, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over WU et al (20110285671) (herein “Wu”) in view of Hicks et al (2014/0253469) (herein “Hicks”). In regards to claim 14, Wu teaches a user interface device, comprising: a computing device including a housing (See; Fig. 2 220) and an input device (See; Fig. 3 for a sensing element 222); and a stylus tool removably mounted to the housing, the stylus tool comprising: an elongated body portion; a tip portion adjacent to the elongated body portion (See; Fig. 2 for a stylus 210 with an elongated body removably mounted to the housing 220). Wu fails to explicitly teach an internal light source positioned within and viewable at the body portion and wherein the computing device generates a command based on a combination of a first control signal from the stylus tool’s movement and a second control signal from the input device. However, Hicks teaches a user interface device comprising a computing device including a house and an input device (See; Fig. 1A and p[0030] where device 200 has a touch sensitive surface sensitive to stylus based user input); a stylus tool comprising: an elongated body portion and a light source positioned and viewable at the body portion (See; Fig. 2A, p[0036]-p[0043] and p[0070] for a stylus 100 having visual indicator 120 that illuminates colors where the visual indicator 120 may be provided with any desired geometry. Further see Fig. 2C, p[0043] and p[0048]-p[0049] where a color display 130 mounted on the stylus tool may be configured to display the same image/ text/ icons/ video that is displayed on the paired devices display); wherein the computing device generates a command based on a combination of a first control signal from the stylus tool’s movement and a second control signal from the input device (See; Fig. 1A and p[0084] for a device 200 and a stylus 100 transmitting and receiving data between each other, where this data is used in concert with touch signals to generate commands). Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to modify WU’s stylus with the light source of Hick’s pen unit so as to add additional functionality to the stylus, for example in aiding of a notification system, thus increasing user satisfaction in the device.
In regards to claim 15, Hicks teaches wherein the stylus comprises a battery configured to provide power to the light source (See; p[0051]).
In regards to claim 17, Hicks teaches wherein at least part of the body portion comprises a cover being transparent or translucent, wherein light emitted beneath the cover from the light source is viewable at an outer surface of the body portion (See; p[0037]).
In regards to claim 18, Hicks teaches wherein the light source is configurable to duplicate information displayed by the computing device (See; p[0041]-p[0042], p[0049] and p[0070]).
In regards to claim 20, Hicks teaches wherein the light source comprises a display screen disposed on an outer surface of the body portion (See; Fig. 2C).
Claim(s) 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over WU et al (20110285671) (herein “Wu”) in view of Hicks et al (2014/0253469) (herein “Hicks”) and further in view of Bakken et al (2013/0106770) (herein “Bakken”). In regards to claim 16, Hicks fails to explicitly teach wherein the housing comprises an induction coil configured to provide power to the light source. However, Bakken teaches an active stylus wherein the housing comprises an induction coil configured to provide power (See; Fig. 8, p[0043] and p[0046]-p[0047] for an energy harvester 74 including an induction coil for providing power to the stylus and its components) to the light source (See; Fig. 2 for a stylus having LED indicators 36). Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to modify Hicks to use an energy harvester such as in Bakken to help power a stylus by harvesting energy from the stylus’s environment.
In regards to claim 19, Hicks fails to explicitly teach wherein the light source comprises a battery state indicator. However, Bakken teaches wherein the light source comprises a battery state indicator (See; p[0029 and p[0035]] where the visual feedback component 36 may indicate a power status of the active stylus to the user). Therefore it would have been obvious to one of ordinary skill in the art at the time of filing to modify Hicks’ light source to indicate a power status of the stylus to the user to increase user satisfaction in the device.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at (571) 272-7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN A BOYD/Primary Examiner, Art Unit 2627
