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).
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.
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Claims 1, 3-14 and 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,995,282. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present Application.
Claims 1, 3-14 and 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,327,000. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present Application.
Present Application
U.S. Patent No. 12,327,000
U.S. Patent No. 11,995,282
1. A touch state detection circuit that is connected to a touch sensor, the touch state detection circuit comprising:
a processor; and
a memory storing firmware that, when executed by the processor, causes the touch state detection circuit to:
execute a touch scan in a first period, wherein the touch scan is configured to detect a touch; and
execute a pen scan in a second period, wherein the touch scan is configured to detect an electronic pen,
wherein the touch scan and the pen scan are executed in a time-division manner; and
in response to determining that a determination condition indicating a situation in which a scan condition is required to be changed is satisfied, change an execution frequency or an execution period of at least one of the touch scan or the pen scan.
1. A touch state detection method performed by a touch state detection circuit which is connected to a touch sensor and which detects a touch state of a user by executing a scan process, the touch state detection method comprising:
setting a scan condition related to an execution frequency of the scan process or an execution period of the scan process; and
detecting the touch state by executing the scan process under the scan condition,
12. The touch state detection method according to claim 1, wherein the scan process is executed to detect a pen state of an electronic pen and the touch state in a time-division manner, wherein the scan condition indicates a ratio of the execution frequency of the scan process for detecting the touch state to the execution frequency of the scan process for detecting the pen state, and wherein, when the determination condition is satisfied, changing and resetting the ratio.
wherein, when a determination condition indicating a situation in which the scan condition is required to be changed, the setting includes changing and resetting the scan condition, and
wherein, when a first condition is satisfied as the determination condition, the setting includes changing the execution frequency or the execution period.
1. A touch state detection circuit which is connected to a capacitance-type touch sensor including a plurality of sensor electrodes disposed in a planar manner and which detects a touch state of a user by executing a scan process that reads out and processes detection signals sequentially output from the sensor electrodes, the touch state detection circuit comprising:
a setting circuit which, in operation, sets a scan condition related to an execution frequency of the scan process or an execution period of the scan process; and
a detection circuit which, in operation, detects the touch state by executing the scan process under the scan condition set by the setting circuit,
12. The touch state detection circuit according to claim 1, wherein the scan process is executed to detect a pen state of an electronic pen and the touch state in a time-division manner, wherein the scan condition indicates a ratio of the execution frequency of the scan process for detecting the touch state to the execution frequency of the scan process for detecting the pen state, and, wherein, when the determination condition is satisfied, the setting circuit changes and resets the ratio.
wherein, when a determination condition indicating a situation in which the scan condition is required to be changed is satisfied, the setting circuit changes and resets the scan condition, and the detection circuit detects the touch state under the scan condition reset by the setting circuit, and
wherein, when a first condition is satisfied as the determination condition, the setting circuit changes and resets the scan condition such that the execution frequency becomes higher than a reference execution frequency or the execution period becomes shorter than a reference execution period.
14. A touch state detection method performed by a touch state detection circuit which is connected to a touch sensor, the method comprising:
executing a touch scan in a first period, wherein the touch scan is configured to detect a touch; and
executing a pen scan in a second period, wherein the touch scan is configured to detect an electronic pen,
wherein the touch scan and the pen scan are executed in a time-division manner; and
in response to determining that a determination condition indicating a situation in which a scan condition is required to be changed is satisfied, changing an execution frequency or an execution period of at least one of the touch scan or the pen scan.
1. A touch state detection method performed by a touch state detection circuit which is connected to a touch sensor and which detects a touch state of a user by executing a scan process, the touch state detection method comprising:
setting a scan condition related to an execution frequency of the scan process or an execution period of the scan process; and
detecting the touch state by executing the scan process under the scan condition,
12. The touch state detection method according to claim 1, wherein the scan process is executed to detect a pen state of an electronic pen and the touch state in a time-division manner, wherein the scan condition indicates a ratio of the execution frequency of the scan process for detecting the touch state to the execution frequency of the scan process for detecting the pen state, and wherein, when the determination condition is satisfied, changing and resetting the ratio.
wherein, when a determination condition indicating a situation in which the scan condition is required to be changed, the setting includes changing and resetting the scan condition, and
wherein, when a first condition is satisfied as the determination condition, the setting includes changing the execution frequency or the execution period.
14. A touch state detection method performed by a touch state detection circuit which is connected to a capacitance-type touch sensor including a plurality of sensor electrodes disposed in a planar manner and which detects a touch state of a user by executing a scan process that reads out and processes detection signals sequentially output from the sensor electrodes, the touch state detection method comprising:
setting a scan condition related to an execution frequency of the scan process or an execution period of the scan process; and
detecting the touch state by executing the scan process under the scan condition set by the setting, wherein the setting and the detecting are sequentially and repetitively performed,
12. The touch state detection circuit according to claim 1, wherein the scan process is executed to detect a pen state of an electronic pen and the touch state in a time-division manner, wherein the scan condition indicates a ratio of the execution frequency of the scan process for detecting the touch state to the execution frequency of the scan process for detecting the pen state, and, wherein, when the determination condition is satisfied, the setting circuit changes and resets the ratio.
wherein, when a determination condition indicating a situation in which the scan condition is required to be changed is satisfied, the setting includes changing and resetting the scan condition, and the detecting includes detecting the touch state under the scan condition reset by the setting, and
wherein, when a first condition is satisfied as the determination condition, the setting includes changing and resetting the scan condition such that the execution frequency becomes higher than a reference execution frequency or the execution period becomes shorter than a reference execution period.
Allowable Subject Matter
Claims 2 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/MICHAEL PERVAN/Primary Examiner, Art Unit 2629 February 20, 2026