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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/16/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakayama et al. (US 2011/0084707)
As to Claim 1, Nakayama et al. discloses A host, comprising: a storage circuit, configured to store a program code (fig.18, storage unit 45; para.0178); and a processor, coupled to the storage circuit and configured to access the program code to execute (fig.18, control unit 47; para.0180):
receiving a touch signal from a touch screen (fig.1-operation unit 20 may be a touch panel; para.0037,0046- driver touches operation unit 20),
determining an identification result indicating that whether the touch signal comprises a user identification signal or not (fig.2; para.0044-0045- when signal indicating that operation has been performed using operation unit 20 whose operator is to be identified, the controller 18 initiates process for identifying the operator);
determining a waveform of the user identification signal based on the identification result (fig.2; para.0044-0046, 0052, 0084; in response to touch on the operation unit from the driver or the passenger, a driving identifying signal D or passenger identifying signal P, output from the oscillator 11 flows to the detector 16 by passing through driver or passenger, where the driver identifying signal D and the passenger identifying signal P may have same frequency but inverted phase with respect to each other, or may have different frequencies),
determining a current operator of the touch screen based on the waveform of the user identification signal (para0044,.0060, determines whether the driver or passenger has operated the operation unit based on the waveform of the detected signal and the driver identifying signal D and passenger identifying signal P, corresponding to the driver and the passenger respectively; para.0176, 0181), and performing an operation on the touch screen based on the current operator (para.0061-0062; 0176,0181).
As to Claim 2, Nakayama et al. discloses wherein the user identification signal is provided by a signal generator and is configured to be applied on a user (para.0046, 0068; oscillator transmits identifying signal D/P to the driver/passenger).
As to Claim 3, Nakayama et al. discloses wherein the user identification signal has a user identification frequency or a user identification waveform, and the processor is further configured to access the program code to execute: determining whether the touch signal comprising the user identification frequency or the user identification waveform to determine that whether the touch signal comprises the user identification signal or not (para0044,.0060,0084; driver identifying signal D and passenger identifying P may have different phases or may have different frequencies, and are used to detect the driver identifying signal P and the passenger identifying P to determine which has operated the operating unit 20).
As to Claim 4, Nakayama et al. discloses, wherein the user comprises a driver of a vehicle or a passenger of the vehicle (para.0044).
As to Claim 5, Nakayama et al. discloses wherein the user identification signal is applied on the user through a steering wheel of a vehicle, a foot pad of the vehicle, or a seat of the vehicle (para.0046).
As to Claim 6, Nakayama et al. discloses wherein the processor is further configured to access the program code to execute: in response to the current operator being the driver and the vehicle being in motion, determining the operation as a noop operation in which the touch screen does not response to the touch signal (para.0181-when the vehicle is moving, and the operator identifying signal is the driver, the control unit disables the operation); and in response to the current operator not being the driver and the vehicle being in motion, determining the operation as a normal operation (para.0181-when the vehicle is moving, and the operator is the passenger or a third person, the control unit enables the operation and carries out processing that matches the operation).
As to Claim 7, Nakayama et al. discloses wherein the processor is further configured to access the program code to execute: in response to the touch signal comprising the user identification signal, determining the current operator as the driver (para.0060, 0063; driver is determined to operate the device when driver identifying signal D is detected); and in response to the touch signal not comprising the user identification signal, determining the current operator as the passenger (para.0060, 0063; passenger is determined to operate the device when passenger identifying signal P is detected).
As to Claim 8, Nakayama et al. discloses wherein the user identification signal comprises a first user identification signal or a second user identification signal, and the processor is further configured to access the program code to execute: in response to the touch signal comprising the first user identification signal, determining the current operator as the driver (para.0060, 0063; driver operated the device is determined when driver identifying signal D is detected); and in response to the touch signal comprising the second user identification signal, determining the current operator as the passenger (para. 0060, 0063; passenger operated the device is determined when passenger identifying signal P is detected)
As to Claim 9, Nakayama et al. discloses wherein the first user identification signal has a first user identification frequency and the second user identification signal has a second user identification frequency, and the processor is further configured to access the program code to execute:
determining the current operator based on a frequency of the user identification signal (para0044,.0060,0084,0087; driver identifying signal D and passenger identifying P may have different phases or may have different frequencies, and are used to detect the driver identifying signal P and the passenger identifying P to determine which has operated the operating unit 20).
As to Claim 10, Nakayama et al. discloses wherein the first user identification signal has a first user identification waveform and the second user identification signal has a second user identification waveform (para.0044, 0046; driver identifying signal D, passenger identifying signal P).
As to Claims 11-18 have limitations similar to those of Claims 1-10 and are met by the reference as set forth above. Claim 11, further recites a signal generator, configured to provide a user identification signal (fig.1; para. 0036,0044); a touch screen, configured to generate a touch signal (fig.1, operation unit 20; para.0037).
As to Claim 20 is a method claim drawn to the apparatus of Claim 1 and is rejected for the same reasons as set forth above.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 11, 20 have been considered but are moot because the new ground of rejection applied as necessitated by amendment.
Re the 112(b) rejection of Claim 6, in light of applicant’s remarks and clarification, the 112(b) rejection of claim 6 is withdrawn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 form.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DISMERY E. MERCEDES whose telephone number is (571)272-7558. The examiner can normally be reached Monday-Friday, 9am-5pm, EST.
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, 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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/DISMERY MERCEDES/Primary Examiner, Art Unit 2627
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