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 .
Response to Amendment
Applicant’s amendment filed on July 24, 2026 has been entered. Claims 1-5 and 7-10 are currently pending. Applicant’s amended claims are addressed herein below.
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, 4-5 and 7-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and 9 of U.S. Patent No. 12,393,289. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
U.S. Patent No. 12,393,289
1. An electronic pen comprising:
an electronic pen body part having a circuit substrate provided with a switch; an outer casing in which the electronic pen body part is housed;
an operator provided on a side of the outer casing and positioned directly above the switch;
a pusher part fitted into the operator,
wherein the pusher part is between the switch and the operator; and
an overload absorption part disposed on a rear end side of the electronic pen body part loaded into the outer casing,
wherein: the overload absorption part includes an elastic body, a pen tip of the electronic pen body part is loaded into the outer casing and protrudes from a tip end part of the outer casing, and
when a pen pressure of a predetermined value or more is applied to the pen tip, the electronic pen body part slides and moves toward a rear end side of the outer casing by a function of the overload absorption part to house the pen tip in the outer casing.
4. The electronic pen according to claim 3, wherein each of the recess and the pusher part has a T-shaped cross section in direction perpendicular to the axial direction of the electronic pen.
5. The electronic pen according to claim 3, wherein the operator includes wall parts that extend in a direction intersecting the axial direction of the electronic pen, and wherein the recess is formed between the wall parts.
7. The electronic pen according to claim 1, wherein the switch is a button switch.
8. The electronic pen according to claim 1, wherein when the operator is depressed, the switch of the electronic pen body part is depressed by the pusher part.
9. The electronic pen according to claim 7, wherein, when the operator is released, the pusher part functions as a leaf spring such that the pusher part and the operator return to states before the pusher part and the operator are depressed, and the switch is released.
10. The electronic pen according to claim 1, wherein when the operator is depressed, the switch of the electronic pen body part is depressed by the operator attached to the pusher part.
1. An electronic pen comprising:
an electronic pen body part having a circuit substrate provided with a switch; an outer casing in which the electronic pen body part is housed;
an operator provided on a side of the outer casing and positioned directly above the switch;
a pusher part between the switch and the operator, and
wherein the operator includes wall parts that form a recess in which at least part of the pusher part abuts the operator, and
wherein each of the recess and the pusher part has a T-shaped cross section in a direction perpendicular to an axial direction of the electronic pen.
5. The electronic pen according to claim 1, further comprising: an overload absorption part disposed on a rear end side of the electronic pen body part loaded into the outer casing,
wherein: a pen tip of the electronic pen body part is loaded into the outer casing protrudes from a tip end part of the outer casing, and
when a pen pressure of a predetermined value or more is applied to the pen tip, the electronic pen body part slides and moves toward a rear end side of the outer casing by a function of the overload absorption part to house the pen tip in the outer casing.
6. The electronic pen according to claim 1, wherein the wall parts in a direction intersecting the axial direction of the electronic pen, and wherein the recess is formed between the wall parts.
9. The electronic pen according to claim 1, wherein the switch is a button switch.
2. The electronic pen according to claim 1, wherein when the operator is depressed, the switch of the electronic pen body part is depressed by the pusher part.
3. The electronic pen according to claim 2, wherein, when the operator is released, the pusher part functions as a leaf spring such that the pusher part and the operator return to states before the pusher part and the operator are depressed, and the switch is released.
4. The electronic pen according to claim 1, wherein when the operator is depressed, the switch of the electronic pen body part is depressed by the operator attached to the pusher part.
Regarding claim 1, U.S. Patent No. 12,393,289 does not expressly claim the overload absorption part includes an elastic body.
However, U.S. Patent No. 12,393,289 has the overload absorption part including an elastic body.
Claims 1, 4-5 and 8-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12,032,757. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
U.S. Patent No. 12,032,757
1. An electronic pen comprising:
an electronic pen body part having a circuit substrate provided with a switch; an outer casing in which the electronic pen body part is housed;
an operator provided on a side of the outer casing and positioned directly above the switch;
a pusher part fitted into the operator,
wherein the pusher part is between the switch and the operator; and
an overload absorption part disposed on a rear end side of the electronic pen body part loaded into the outer casing,
wherein: the overload absorption part includes an elastic body,
a pen tip of the electronic pen body part is loaded into the outer casing and protrudes from a tip end part of the outer casing, and
when a pen pressure of a predetermined value or more is applied to the pen tip, the electronic pen body part slides and moves toward a rear end side of the outer casing by a function of the overload absorption part to house the pen tip in the outer casing.
4. The electronic pen according to claim 3, wherein each of the recess and the pusher part has a T-shaped cross section in direction perpendicular to the axial direction of the electronic pen.
5. The electronic pen according to claim 3, wherein the operator includes wall parts that extend in a direction intersecting the axial direction of the electronic pen, and wherein the recess is formed between the wall parts.
8. The electronic pen according to claim 1, wherein when the operator is depressed, the switch of the electronic pen body part is depressed by the pusher part.
9. The electronic pen according to claim 7, wherein, when the operator is released, the pusher part functions as a leaf spring such that the pusher part and the operator return to states before the pusher part and the operator are depressed, and the switch is released.
10. The electronic pen according to claim 1, wherein when the operator is depressed, the switch of the electronic pen body part is depressed by the operator attached to the pusher part.
1. An electronic pen comprising:
an electronic pen body part having an electronic pen function;
an outer casing that is a cylindrical body in which the electronic pen body part is housed; …
an operator opening part that is formed in a side surface of the outer casing at a position corresponding to the button switch of the electronic pen body part loaded into the outer casing and placed at a fixed position, …
wherein the pusher part is inserted into the insertion part formed in the operator when the electronic pen body part is loaded into the outer casing in a state where the operator is fitted into the operator opening part, and wherein the button switch of the electronic pen body part is depressed by the pusher part when the operator is depressed.
5. The electronic pen according to claim 1, further comprising: an overload absorption part disposed on the rear end side of the electronic pen body part loaded into the outer casing,
wherein:
a pen tip of the electronic pen body part is loaded into the outer casing protrudes from a tip end part of the outer casing,
when a pen pressure of a predetermined value or more is applied to the pen tip,
the electronic pen body part slides and moves toward a rear end side of the outer casing by a function of the overload absorption part to house the pen tip in the outer casing, and ...
7. The electronic pen according to claim 1, wherein each of the insertion part and the pusher part has a T-shaped cross section in direction perpendicular to an axis of an electronic pen.
6. The electronic pen according to claim 1, wherein the operator includes wall parts that extend in a direction intersecting an axial direction of the electronic pen, and wherein the insertion part is a recess formed between the wall parts.
3. The electronic pen according to claim 1, wherein when the operator is depressed, the button switch of the electronic pen body part is depressed by the pusher part.
2. The electronic pen according to claim 1, wherein when the operator is released, the pusher part functions as a leaf spring, the pusher part and the operator return to states before they are depressed, and the button switch is released.
4. The electronic pen according to claim 1, wherein when the operator is depressed, the button switch of the electronic pen body part is depressed by the operator attached to the pusher part.
Regarding claim 1, U.S. Patent No. 12,032,757 does not expressly claim the overload absorption part includes an elastic body.
However, U.S. Patent No. 12,032,757 has the overload absorption part including an elastic body.
Allowable Subject Matter
Claims 2-3 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 and when there is no double patenting rejection.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AFROZA Y CHOWDHURY whose telephone number is (571)270-1543. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nitin Patel can be reached at (571)272-7677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AFROZA CHOWDHURY/Primary Examiner, Art Unit 2628
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