The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Detailed Action
Current Status of Claims
This action is response to communication of June 25, 2026. By amendment of June 25, 2026 the Applicant amended claims 1, 11 and added new claims 21-22. Claims 5 and 15 were canceled. Therefore, claims 1 to 4, 6-14, and 16 to 22 are currently active in the application.
Response to Amendment
Applicant’s arguments with respect to claim(s) 1 to 4, 6-14, and 16 to 22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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.
Claims1 to 4, 6-14, and 16 to 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,379,806. Although the claims at issue are not identical, they are not patentably distinct from each other because both inventions are related to a sensor controller for a capacitive touch sensor comprising a scan execution circuit, position calculation circuit (first calculation circuit), and a comparison and output circuit (second calculation circuit) which in operation validates the second pen position when the second pen position matches the first pen position within a predefined range, and invalidates the second pen position when the second pen position does not match the first position within the predefined range.
Instant invention 19/268,761
Conflicting Patent 12,379,806
A sensor controller connected
to a capacitive touch sensor, the sensor controller comprising:
a scan execution circuit which, in operation, performs a first scan in which a change in capacitance is detected, and a second scan in which a pen signal is received from an active pen, in a time-division manner; a position calculation circuit which, in operation,
calculates a first pen position from a first detection signal acquired through the first scan, and calculates a second pen position from a second detection signal acquired through the second scan; and
a comparison and output circuit which, in operation, compares the first pen position and the second pen position, and outputs validates the second pen position-or when the second pen position matches the first pen position within a predefined range, and invalidates the second pen position based on a result of comparing the first pen position and the second pen position. when the second pen position does not match the first pen position within the predefined range.
2. The sensor controller according to claim 1, wherein, in the first scan, the first pen position is calculated based on changes in mutual capacitance between sensor electrodes of the capacitive touch sensor.
3. The sensor controller according to claim 2, wherein the capacitive touch sensor includes:
the sensor electrodes arranged in a planar shape to form a sensor region, and
a routed trace group including a plurality of traces routed along an outer edge of the sensor region from ends of the sensor electrodes.
4. The sensor controller according to claim 1, wherein in the first scan, the first pen position is calculated based on changes in capacitance at respective sensor electrodes.
6. The sensor controller according to claim 1, wherein the comparison and output circuit which, in operation, switches between a first mode in which the first pen position and the second pen position are compared, and a second mode in which the first pen position and the second pen position are not compared.
7. The sensor controller according to claim 6, wherein the comparison and output circuit starts operating in the second mode in response to detection of a pen-down operation using the active pen.
8. The sensor controller according to claim 7, wherein the comparison and output circuit stops operating in the second mode when a predetermined time has elapsed since a start of the second mode or when the pen signal has been received a predetermined number of times from the active pen since the start of the second mode.
9. The sensor controller according to claim 1, wherein the comparison and output circuit, in operation, compares the first pen position and the second pen position when the position calculation circuit has been able to calculate the first pen position, and does not compare the first pen position and the second pen position when the position calculation circuit has not been able to calculate the first pen position.
10. The sensor controller according to claim 1, wherein the comparison and output circuit, in operation, compares the first pen position and the second pen position when the position calculation circuit has been able to calculate the second pen position, and does not compare the first pen position and the second pen position when the position calculation circuit has not been able to calculate the second pen position.
11. A method performed by a sensor controller connected to a capacitive touch sensor, the sensor controller comprising:
performing a first scan in which a change in capacitance is detected, and a second scan in which a pen signal is received from an active pen, in a time-division manner; calculating a first pen position from a first detection signal acquired through the first scan, and
calculating a second pen position from a second detection signal acquired through the second scan; comparing the first pen position and the second pen position;-a validating the second pen position when the second pen position matches the first pen position within a predefined range; and invalidating the second pen position when the second pen position does not match the first pen position within the predefined range. outputting the second pen position or invalidating the second pen position based on a result of the comparing.
12. The method according to claim 11, wherein, in the first scan, the first pen position is calculated based on changes in mutual capacitance between sensor electrodes of the capacitive touch sensor.
13. The method according to claim 12, wherein the capacitive touch sensor includes: the sensor electrodes arranged in a planar shape to form a sensor region, and a routed trace group including a plurality of traces routed along an outer edge of the sensor region from ends of the sensor electrodes.
14. The method according to claim 11, wherein in the first scan, the first pen position is calculated based on changes in capacitance at respective sensor electrodes.
16. The method according to claim 11, comprising: switching between operating the sensor controller in a first mode in which the first pen position and the second pen position are compared, and a second mode in which the first pen position and the second pen position are not compared.
17. The method according to claim 16, comprising: operating starting operation of the sensor controller in the second mode in response to detection of a pen-down operation using the active pen.
18. The method according to claim 17, comprising: stopping operation of the sensor controller in the second mode when a predetermined time has elapsed since a start of the second mode or when the pen signal has been received a predetermined number of times from the active pen since the start of the second mode.
19. The method according to claim 11, wherein the comparing is performed when the first pen position has been calculated, and the comparing is not performed when the first pen position has not been calculated.
20. The method according to claim 11, wherein the comparing is performed when the second pen position has been calculated, and the comparing is not performed when the second pen position has not been calculated.
21. The sensor controller according to claim 1, wherein the comparison and output circuit, in operation, validates or invalidates the second pen position based on: a size or shape of the first pen position, or a signal level of the first pen position.
22. The sensor controller according to claim 11, wherein the validating or invalidating the second pen position is based on:
a size or shape of based on a size or shape of the first pen position, or
a signal level of the first pen position.
1. A sensor controller connected to a capacitive touch sensor, the sensor controller comprising: a scan execution circuit which, in operation, repeatedly performs a first scan and a second scan on the capacitive touch sensor in a time-division manner, the first scan detecting an active pen that transmits a signal, the second scan detecting a passive pointer that does not transmit the signal; a first calculation circuit which, in operation, calculates a first pen position from a first detection signal acquired through the first scan performed by the scan execution circuit, the first pen position being a position indicated by the active pen; a second calculation circuit which, in operation, calculates a touch position and a second pen position from a second detection signal acquired through the second scan performed by the scan execution circuit, the touch position being a position indicated by the passive pointer, the second pen position being a position indicated by the active pen; an output processing circuit which, in operation, outputs a pen position that differs depending on a result of a comparison process in which the first pen position calculated by the first calculation circuit is compared with the second pen position calculated by the second calculation circuit, wherein the output processing circuit, in operation, validates the first pen position when the first pen position matches the second pen position within a particular range, and invalidates the first pen position when the first pen position does not match the second pen position within the particular range; and a mode control circuit which, in operation, switches between a plurality of detection modes including a first mode in which the pen position is output without the comparison process and a second mode in which the comparison process is performed and the pen position is output, wherein the mode control circuit, in operation, starts the second mode in response to detection of a pen-down operation using the active pen.
2. The sensor controller according to claim 1, wherein the mode control circuit, in operation, ends the second mode when a predetermined time has elapsed since a start of the second mode or when the signal has been received a predetermined number of times from the active pen since the start of the second mode.
3. The sensor controller according to claim 1, wherein the second calculation circuit, in operation, performs a first threshold process of extracting a position at which a signal value within a signal distribution indicated by the second detection signal exceeds a first threshold value and calculates the touch position based on the position extracted through the first threshold process, and performs a second threshold process of extracting a position at which a signal value within the signal distribution indicated by the second detection signal exceeds a second threshold value smaller than the first threshold value and does not exceed the first threshold value and calculates the second pen position based on the position extracted through the second threshold process.
4. The sensor controller according to claim 3, wherein at least one of the first threshold value and the second threshold value is set so as to vary depending on a type of the active pen or a type of the capacitive touch sensor.
5. The sensor controller according to claim 1, wherein, in operation, the comparison process is performed when the first calculation circuit has been able to calculate the first pen position, and not performed when the first calculation circuit has been unable to calculate the first pen position.
6. The sensor controller according to claim 1, wherein the comparison process is, in operation, performed when the second calculation circuit has been able to calculate the second pen position, and not performed when the second calculation circuit has been unable to calculate the second pen position.
7. The sensor controller according to claim 1, wherein the capacitive touch sensor includes: a plurality of sensor electrodes arranged in a planar shape to form a sensor region, and a routed trace group including a plurality of traces routed along an outer edge of the sensor region from ends of the plurality of sensor electrodes.
8. An electronic device comprising: a capacitive touch sensor; and a sensor controller connected to the capacitive touch sensor, wherein the sensor controller includes: a scan execution circuit which, in operation, repeatedly performs a first scan and a second scan on the capacitive touch sensor in a time-division manner, the first scan detecting an active pen that transmits a signal, the second scan detecting a passive pointer that does not transmit the signal, a first calculation circuit which, in operation, calculates a first pen position from a first detection signal acquired through the first scan performed by the scan execution circuit, the first pen position being a position indicated by the active pen, a second calculation circuit which, in operation, calculates a touch position and a second pen position from a second detection signal acquired through the second scan performed by the scan execution circuit, the touch position being a position indicated by the passive pointer, the second pen position being a position indicated by the active pen, an output processing circuit which, in operation, outputs a pen position that differs depending on a result of a comparison process in which the first pen position calculated by the first calculation circuit is compared with the second pen position calculated by the second calculation circuit, wherein the output processing circuit, in operation, validates the first pen position when the first pen position matches the second pen position within a particular range, and invalidates the first pen position when the first pen position does not match the second pen position within the particular range, and a mode control circuit which, in operation, switches between a plurality of detection modes including a first mode in which the pen position is output without the comparison process and a second mode in which the comparison process is performed and the pen position is output, wherein the mode control circuit, in operation, starts the second mode in response to detection of a pen-down operation using the active pen.
9. A position detection method performed by a sensor controller that is coupled to a capacitive touch sensor, the position detection method comprising: repeatedly performing a first scan and a second scan on the capacitive touch sensor in a time-division manner, the first scan detecting an active pen that transmits a signal, the second scan detecting a passive pointer that does not transmit the signal; calculating a first pen position from a first detection signal acquired through the first scan, the first pen position being a position indicated by the active pen; calculating a touch position and a second pen position from a second detection signal acquired through the second scan, the touch position being a position indicated by the passive pointer, the second pen position being a position indicated by the active pen; outputting a pen position that differs depending on a result of a comparison process in which the first pen position is compared with the second pen position; and validating the first pen position when the first pen position matches the second pen position within a particular range, and invalidating the first pen position when the first pen position does not match the second pen position within the particular range; switching between a plurality of detection modes including a first mode in which the pen position is output without the comparison process and a second mode in which the comparison process is performed and the pen position is output; and starting the second mode in response to detection of a pen-down operation using the active pen.
Conclusion
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Olga Aronovich whose telephone number is (571)270-7796. The examiner can normally be reached on Mon-Fri. from 7:30-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's Supervisor, Benjamin C. Lee can be reached on (571) 272-2963. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/OLGA V MERKOULOVA/Primary Examiner, Art Unit 2629
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