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 .
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.
Claim(s) 1-5, 7 and 9-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gray et al (2020/0089354) (herein “Gray”). In regards to claims 1, Gray teaches a device comprising: a first electrode implemented in a first direction and a second electrode implemented in a second direction within a sensing area of the device (See; Fig. 4); a first drive-sense circuit (DSC) coupled to the first electrode and configured to: drive a first signal on the first electrode; and sense a first change of impedance of the first electrode for a first frequency (See; Fig. 24 and claim 5 for a drive sense circuit 28 connected to the column electrode and receiving a first impedance change of the electrode according to a first frequency) and a second change of impedance of the second electrode for a second frequency (See; Fig. 24 and claim 5 for a drive sense circuit 28 connected to the row electrode and receiving a second impedance change of the row electrode according to a second frequency); a second DSC coupled to the second electrode and configured to: drive a second signal on the second electrode; and sense a third change of impedance of the second electrode (See; Fig. 24 and claim 6 for a drive sense circuit 28 connected to the row electrode and receiving a third impedance change of the row electrode according to a third frequency for pen touch indication ; and a processing module configured to process at least one of the first change of impedance of the first electrode for the first frequency, the second change of impedance of the first electrode for the second frequency, and the third change of impedance of the second electrode in accordance with determining a touch of a user within the sensing area of the device (See; Fig. 4, p[0212[ for processing module 82 which processes proximal touch data from the DSCs).
In regards to claim 2, Gray teaches wherein the first electrode and the second electrode are separated by a dielectric material (See; p[0119]).
In regards to claim 3, Gray teaches a plurality of column electrodes including the first electrode; and a plurality of row electrodes including the second electrode, wherein the plurality of row electrodes and the plurality of column electrodes are separated by a dielectric material and arranged in a crossing pattern in the sensing area of the device (See; Fig. 4 and p[0119]).
In regards to claim 4, Gray teaches a first plurality of drive-sense circuits (DSCs) including the first DSC, wherein DSCs of the first plurality of DSCs is respectively coupled to the plurality of column electrodes; and a second plurality of DSCs including the second DSC, wherein DSCs of the second plurality of DSCs is respectively coupled to the plurality of row electrodes (See; Fig. 4).
In regards to claim 5, Gray teaches wherein the processing module is further configured also to process at least one other change of impedance of at least one electrode for at least one other frequency in accordance with determining the touch of the user within the sensing area of the device (See; Fig. 24 and claim 5 for a drive sense circuit 28 connected to the electrodes and receiving multiple impedances at multiple frequencies to determine touch at the sensing area). In regards to claim 7, Gray teaches wherein the processing module is further configured also to process at least one other change of impedance of at least one electrode in accordance with determining the touch of the user within the sensing area of the device (See; Fig. 24 and claim 5 for a drive sense circuit 28 connected to the electrodes and receiving multiple impedances at multiple frequencies to determine touch at the sensing area).
In regards to claim 9, Gray teaches the first signal including a first drive signal component and a first receive signal component; and the second signal including a second drive signal component and a second receive signal component (See; Abstract where each signal has a drive signal and receive signal component).
In regards to claim 10, Gray teaches the first DSC is further configured to process the first receive signal component to sense the first change of impedance of the first electrode for the first frequency and the second change of impedance of the second electrode for the second frequency; and the second DSC is further configured to process the second receive signal component to sense the third change of impedance of the second electrode (See; Fig. 24 , abstract and claim 5 for a drive sense circuit 28 connected to the electrodes and receiving multiple impedances at multiple frequencies to determine touch at the sensing area).
In regards to claim 11, Gray teaches the touch of the user within the sensing area of the device causes at least one of the first change of impedance of the first electrode for the first frequency, the second change of impedance of the second electrode for the second frequency, and the third change of impedance of the second electrode for the first frequency (See; Fig. 24 , abstract and claim 5 for a drive sense circuit 28 connected to the electrodes and receiving multiple impedances at multiple frequencies to determine touch at the sensing area).
In regards to claim 12, Gray teaches the third change of impedance of the second electrode for the first frequency corresponds to self-capacitance (See; Fig. 24 , abstract and claim 5 for a drive sense circuit 28 connected to the electrodes and receiving multiple impedances at multiple frequencies one of which being self-capacitance readings)..
In regards to claim 13, Gray teaches the second change of impedance of the second electrode for the second frequency corresponds to mutual capacitance (See; Fig. 24 , abstract and claim 5 for a drive sense circuit 28 connected to the electrodes and receiving multiple impedances at multiple frequencies one of which being mutual capacitance readings).
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,321,560. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is a broader recitation of that of the U.S. Patent.
Instant Application 19/224,993
U.S. Patent No. 12,321,560
1. A device comprising: a first electrode implemented in a first direction and a second electrode implemented in a second direction within a sensing area of the device; a first drive-sense circuit (DSC) coupled to the first electrode and configured to: drive a first signal on the first electrode; and sense a first change of impedance of the first electrode for a first frequency and a second change of impedance of the second electrode for a second frequency; a second DSC coupled to the second electrode and configured to: drive a second signal on the second electrode; and sense a third change of impedance of the second electrode; and a processing module configured to process at least one of the first change of impedance of the first electrode for the first frequency, the second change of impedance of the first electrode for the second frequency, and the third change of impedance of the second electrode in accordance with determining a touch of a user within the sensing area of the device.
1. A device comprising: a plurality of column electrodes; a plurality of row electrodes, wherein the plurality of row electrodes and the plurality of column electrodes are separated by a dielectric material and arranged in a crossing pattern in a sensing area of the device; a first plurality of drive-sense circuits coupled to the plurality of column electrodes, each of the first plurality of drive-sense circuits configured to: drive a sensor signal on at least one column electrode of the plurality of column electrodes, the sensor signal including a drive signal component and a receive signal component; and generate, based on the receive signal component, a sensed signal representative of: a first impedance of the at least one column electrode in accordance with a first frequency of the drive signal component; and a second impedance of the at least one column electrode in accordance with a second frequency of a drive signal component from a differing electrode; a second plurality of drive-sense circuits coupled to the plurality of row electrodes, each of the second plurality of drive-sense circuits configured to: drive a sensor signal on at least one row electrode of the plurality of row electrodes, the sensor signal including a drive signal component and a receive signal component; and generate, based on the receive signal component, a sensed signal representative of an impedance of the at least one row electrode; and a processing module configured to process sensed signals generated by the first plurality of drive-sense circuits and second plurality of drive-sense circuits to: detect a finger touch to the sensing area; and generate a digital representation of a fingerprint corresponding to the finger touch.
As can be seen above the instant application is a broader recitation of that of the U.S. Patent.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11,797,139. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is a broader recitation of that of the U.S. Patent. Reasons detailed in the DP rejection above are also relevant to this Patent, all being in the same family.
Conclusion
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/JONATHAN A BOYD/Primary Examiner, Art Unit 2627