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).
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Claims 1-7, 15-16, 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-3, 18-19 of U.S. Patent No. 12,411,578 in view of KHAJEH et al (US Pub 2021/0405809).
Please refer to the table below:
Claim 1 of the present application.
Claim 1 of the U.S. Patent No. 12,411,578.
A device,
An ultrasonic touch sensor,
generate a measurement signal representative of ultrasonic reflected waves produced by a plurality of reflections of an ultrasonic transmit wave transmitted toward a touch structure;
wherein the ultrasonic receiver is configured to receive ultrasonic reflected waves produced by a plurality of reflections of the at least one ultrasonic transmit wave and generate a measurement signal representative of the ultrasonic reflected waves;
acquire a plurality of samples of the measurement signal based on calculating a distance of the measurement signal relative to a reference signal to generate the plurality of samples;
wherein the measurement circuit is configured to: acquire a first plurality of samples of the measurement signal based on calculating a distance of the measurement signal relative to a reference signal to generate the first plurality of samples,
calculate a rate of change of the plurality of samples; perform a comparison based on the rate of change and a rate of change threshold; and
calculate a rate of change of the first plurality of samples, perform a first comparison based on the rate of change and a rate of change threshold,
operate an ultrasonic touch sensor in a first operation mode based on the rate of change satisfying the rate of change threshold, or operate the ultrasonic touch sensor in a second operation mode based on the rate of change not satisfying the rate of change threshold.
and operate in the second operation mode based on the rate of change satisfying the rate of change threshold.
U.S. Patent No. 12,411,578 doesn’t expressly disclose a device, comprising: one or more processors coupled to one or more memories;
In the same field of endeavor, KHAJEH et al (US Pub 2021/0405809) discloses a device for detect touch input based on ultrasonic waves where KHAJEH disclose the device, comprising: one or more processors coupled to one or more memories and the one or more processors configured to execute the touch detection steps (fig. 2; device 200 comprising processor 214 connected to memory 216; par 0050; discloses one or more of the functions described herein can be performed by firmware stored in memory and executed by the touch circuitry 212 and/or ultrasonic touch sensing touch sensing circuitry 206 (or their respective controllers), or stored in program storage 216 and executed by host processor 214);
Therefore, it would have been obvious to one having ordinary skill in the art to modify the invention disclosed by U.S. Patent No. 12,411,578 to incorporate the teachings of KHAJEH to use processor and memory in the device such that device may execute all the steps using the processors of the device.
Claim 2 of the present application.
Claim 1 of the U.S. Patent No. 12,411,578.
The device of claim 1, wherein the ultrasonic touch sensor comprises a touch structure configured to receive an input associated with a touch.
a touch structure comprising a touch surface configured to receive a touch, wherein the touch structure is coupled to the housing and arranged over the package cavity, and wherein the touch structure comprises a touch interface at the touch surface
Claim 3 of the present application.
Claim 1 of the U.S. Patent No. 12,411,578.
The device of claim 1, wherein the first operation mode is associated with a wet environment, and wherein the second operation mode is associated with an air environment.
wherein the measurement circuit is configurable in a first operation mode corresponding to an air environment and a second operation mode corresponding to a wet environment
Claim 4 of the present application.
Claim 2 of the U.S. Patent No. 12,411,578.
The device of claim 1, wherein the rate of change corresponds to a slope of the plurality of samples.
The ultrasonic touch sensor of claim 1, wherein the rate of change corresponds to a slope of the first plurality of samples.
Claim 5 of the present application.
Claim 1 of the U.S. Patent No. 12,411,578.
The device of claim 1, further comprising: a measurement circuit that is configurable in the first operation mode and the second operation mode.
wherein the measurement circuit is configurable in a first operation mode corresponding to an air environment and a second operation mode corresponding to a wet environment
Claim 6 of the present application.
Claim 1 of the U.S. Patent No. 12,411,578.
The device of claim 5, wherein the measurement circuit is configured to obtain the plurality of samples.
wherein the measurement circuit is configured to: acquire a first plurality of samples of the measurement signal
Claim 7 of the present application.
Claim 3 of the U.S. Patent No. 12,411,578.
The device of claim 1, wherein the plurality of samples is associated with a predetermined number of samples acquired on a rolling basis.
The ultrasonic touch sensor of claim 1, wherein the first plurality of samples is a predetermined number of samples, and wherein the measurement circuit is configured to continuously acquire the first plurality of samples on a rolling basis, continuously calculate the rate of change on the rolling basis, and perform the first comparison on the rolling basis
Claim 15 of the present application.
Claim 18 of the U.S. Patent No. 12,411,578.
A method, comprising: generating, by a device, a measurement signal representative of ultrasonic reflected waves produced by a plurality of reflections of an ultrasonic transmit wave transmitted toward a touch structure;
A method of operating an ultrasonic touch sensor, the method comprising: transmitting an ultrasonic transmit wave toward a touch structure of the ultrasonic touch sensor; generating a measurement signal representative of ultrasonic reflected waves produced by a plurality of reflections of the ultrasonic transmit wave;
acquiring, by the device, a plurality of samples of the measurement signal based on calculating a distance of the measurement signal relative to a reference signal to generate the plurality of samples;
acquiring a plurality of samples of the measurement signal based on calculating a distance of the measurement signal relative to a reference signal to generate the plurality of samples;
calculating, by the device, a rate of change of the plurality of samples; performing, by the device, a comparison based on the rate of change and a rate of change threshold; and
calculating a rate of change of the plurality of samples; performing a comparison based on the rate of change and a rate of change threshold; and
operating, by the device, an ultrasonic touch sensor in a first operation mode based on the rate of change satisfying the rate of change threshold, or operate the ultrasonic touch sensor in a second operation mode based on the rate of change not satisfying the rate of change threshold.
operating the ultrasonic touch sensor in a water operation mode based on the rate of change satisfying the rate of change threshold, or operating the ultrasonic touch sensor in an air operation mode based on the rate of change not satisfying the rate of change threshold.
Claim 16 of the present application.
Claim 18 of the U.S. Patent No. 12,411,578.
The method of 15, wherein the first operation mode is associated with a wet environment, and wherein the second operation mode is associated with an air environment.
operating the ultrasonic touch sensor in a water operation mode based on the rate of change satisfying the rate of change threshold, or operating the ultrasonic touch sensor in an air operation mode based on the rate of change not satisfying the rate of change threshold
Claim 19 of the present application.
Claim 19 of the U.S. Patent No. 12,411,578.
The method of 15, wherein the plurality of samples is associated with a predetermined number of samples acquired on a rolling basis.
The method of claim 18, wherein the plurality of samples is a predetermined number of samples acquired on a rolling basis.
Allowable Subject Matter
Claims 1-20 would be allowable when non-statutory double patenting rejection is overcome.
With respect to claim 1, Lee et al (US Pub 2016/0345113) discloses a device, (fig. 4; device 400) comprising: one or more processors coupled to one or more memories, (fig. 4; discloses device 400 includes processor 450 connected to memory 440) the one or more processors configured to (par 0140; discloses the processor 450 controls the switching unit 414 so that the ultrasonic transmission signal generated by the ultrasonic TX beamforming unit 411 is transmitted only to the non-contact type ultrasonic transducer (for example, the speaker 417) at an initial stage. The processor 450 controls the switching unit 414 so that the ultrasonic RX beamforming unit 413 receives only the ultrasonic reception signal received from the microphone 418): generate a measurement signal representative of ultrasonic reflected waves produced by a plurality of reflections of an ultrasonic transmit wave transmitted toward a touch structure (par 0184; discloses In step 911, the electronic device receives reflected waves of the ultrasonic waves emitted through the second ultrasonic transducer. The second ultrasonic transducer receives reflected waves having different reflection coefficients according to the kind of contact (or super-proximate) object); and operate an ultrasonic touch sensor in a first operation mode, or operate the ultrasonic touch sensor in a second operation mode (par 0186; discloses In step 915, the electronic device performs a function corresponding to the confirmed kind of medium. If the electronic device recognizes a flooding situation of the electronic device according to the kind of medium, and the electronic device controls various functions thereof in preparation of the flooding situation. For example, when the electronic device recognizes a flooding situation, the electronic device protects an internal circuit by turning off a power supply of the electronic device);
However Lee alone or in view of other prior art of record fails to disclose acquire a plurality of samples of the measurement signal based on calculating a distance of the measurement signal relative to a reference signal to generate the plurality of samples; calculate a rate of change of the plurality of samples; perform a comparison based on the rate of change and a rate of change threshold; and operate an ultrasonic touch sensor in a first operation mode based on the rate of change satisfying the rate of change threshold, or operate the ultrasonic touch sensor in a second operation mode based on the rate of change not satisfying the rate of change threshold and it would not have been obvious to one having ordinary skill in the art to modify the invention disclosed by Lee to arrive at the claimed invention as the final result would have been unpredictable. Hence claim 1 comprises allowable subject matter.
With respect to claim 8, Lee et al (US Pub 2016/0345113) discloses a non-transitory computer-readable medium storing a set of instructions, (fig. 4; memory 440) the set of instructions comprising: one or more instructions that, when executed by one or more processors of a device, cause the device to (par 0150; discloses the memory 440 stores one or more programs executed by the processor 450): generate a measurement signal representative of ultrasonic reflected waves produced by a plurality of reflections of an ultrasonic transmit wave transmitted toward a touch structure (par 0184; discloses In step 911, the electronic device receives reflected waves of the ultrasonic waves emitted through the second ultrasonic transducer. The second ultrasonic transducer receives reflected waves having different reflection coefficients according to the kind of contact (or super-proximate) object); and operate an ultrasonic touch sensor in a first operation mode or operate the ultrasonic touch sensor in a second operation mode (par 0186; discloses In step 915, the electronic device performs a function corresponding to the confirmed kind of medium. If the electronic device recognizes a flooding situation of the electronic device according to the kind of medium, and the electronic device controls various functions thereof in preparation of the flooding situation. For example, when the electronic device recognizes a flooding situation, the electronic device protects an internal circuit by turning off a power supply of the electronic device);
However Lee alone or in view of other prior art of record fails to disclose acquire a plurality of samples of the measurement signal based on calculating a distance of the measurement signal relative to a reference signal to generate the plurality of samples; calculate a rate of change of the plurality of samples; perform a comparison based on the rate of change and a rate of change threshold; and operate an ultrasonic touch sensor in a first operation mode based on the rate of change satisfying the rate of change threshold, or operate the ultrasonic touch sensor in a second operation mode based on the rate of change not satisfying the rate of change threshold and it would not have been obvious to one having ordinary skill in the art to modify the invention disclosed by Lee to arrive at the claimed invention as the final result would have been unpredictable. Hence claim 8 is allowed.
Claims 9-14 are allowed for being directly or indirectly dependent on allowed independent claim 8.
With respect to claim 15, Lee et al (US Pub 2016/0345113) discloses a method (par 0178; discloses FIG. 9 is a flowchart illustrating a method of recognizing a surrounding environment by using heterogeneous ultrasonic transducers,) comprising: generating, by a device, a measurement signal representative of ultrasonic reflected waves produced by a plurality of reflections of an ultrasonic transmit wave transmitted toward a touch structure (fig. 4; device 400; par 0184; discloses In step 911, the electronic device receives reflected waves of the ultrasonic waves emitted through the second ultrasonic transducer. The second ultrasonic transducer receives reflected waves having different reflection coefficients according to the kind of contact (or super-proximate) object); and operating, by the device, an ultrasonic touch sensor in a first operation mode, or operate the ultrasonic touch sensor in a second operation mode (par 0186; discloses In step 915, the electronic device performs a function corresponding to the confirmed kind of medium. If the electronic device recognizes a flooding situation of the electronic device according to the kind of medium, and the electronic device controls various functions thereof in preparation of the flooding situation. For example, when the electronic device recognizes a flooding situation, the electronic device protects an internal circuit by turning off a power supply of the electronic device);
However Lee alone or in view of other prior art of record fails to disclose acquiring, by the device, a plurality of samples of the measurement signal based on calculating a distance of the measurement signal relative to a reference signal to generate the plurality of samples; calculating, by the device, a rate of change of the plurality of samples; performing, by the device, a comparison based on the rate of change and a rate of change threshold; and operating, by the device, an ultrasonic touch sensor in a first operation mode based on the rate of change satisfying the rate of change threshold, or operate the ultrasonic touch sensor in a second operation mode based on the rate of change not satisfying the rate of change threshold and it would not have been obvious to one having ordinary skill in the art to modify the invention disclosed by Lee to arrive at the claimed invention as the final result would have been unpredictable. Hence claim 15 comprises allowable subject matter.
Claims 17-18, 20 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
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.
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/SUJIT SHAH/Examiner, Art Unit 2624
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