Prosecution Insights
Last updated: October 02, 2026
Application No. 19/298,961

POSITION INDICATOR

Final Rejection §103
Filed
Aug 13, 2025
Priority
Jan 19, 2015 — continuation of PCTJP2015051229 +4 more
Examiner
ZHOU, HONG
Art Unit
2629
Tech Center
2600 — Communications
Assignee
Wacom Co., Ltd.
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
1y 4m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
690 granted / 893 resolved
+15.3% vs TC avg
Strong +17% interview lift
Without
With
+16.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
11 currently pending
Career history
916
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
57.8%
+17.8% vs TC avg
§102
21.7%
-18.3% vs TC avg
§112
11.7%
-28.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 893 resolved cases

Office Action

§103
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 2. Applicant’s amendment filed on July 21, 2026 has been entered. Claims 1-7 and 9-10 have been amended. Claim 8 has been cancelled. Claims 1-7 and 9-10 are pending in this application. Response to Arguments 3. Applicant's arguments filed 21 July 2026 have been fully considered but they are not persuasive. On pages 7-8 of the response the Applicant argues that Ryshtun fails to “transmission, via the wireless communication circuit, of remaining power information indicating a remaining amount of power of the rechargeable power supply circuit, separately from transmission of the position detection signal through the electrode” because in [0090] Ryshtun describes modulating the battery data into the stylus TX signal transmitted through the stylus tip while transmitting additional data such as force data and button data via a separate communication channel. However, Ryshtun describes in [0073], [0088], [0091] and [0094] that additional data includes battery data, force data, button data, acceleration data and other data and the additional data can be modulated into the stylus TX signal or transmitted via a separate wireless communication channel. Furthermore, Geaghan clearly discloses transmitting remaining power information of a power supply circuit via a wireless communication circuit (Fig. 10B; [0170], [0172], [0180], e.g., a wireless communication circuitry 1050 is used to convey information such as a battery level from the pen to the touch panel). Thus the Examiner believes that the claimed invention is still met by Ryshtun in view of Oda and Geaghan. Claim Rejections - 35 USC § 103 4. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 5. Claim(s) 1-4, 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ryshtun et al. (US 2013/0207938) in view of Oda et al. (US 2012/0256830), and further in view of Geaghan et al. (US 2017/0131798). Regarding claim 1, Ryshtun discloses a position indicator for use with a position detection system (Fig. 1, [0044]-[0045], e.g., a stylus 130 for use with electronic system 100 comprising a capacitive sense array 125), comprising: a power supply circuit (Fig. 5, e.g., a battery 580); a first communication circuit configured to transmit a position detection signal through an electrode disposed at a tip of the pointing device (Figs 2-3 and 5; [0061]-[0062], [0079], e.g., the stylus tip comprises an electrode and is configured to transmit the stylus TX signal 227 to the sense array 200 via capacitive coupling); a wireless communication circuit different from the first communication unit (Figs 3 and 5; [0073], e.g., the stylus 330 comprises a wireless communication channel or a backchannel for communicating data); and a controller (Fig. 3; [0064], e.g., controller 224) configured to control transmission, via the wireless communication circuit, additional data, separately from transmission of the position detection signal through the electrode (Fig. 5; [0073], [0094], e.g., additional data (force data, button data, or the like) are transmitted from the wireless communication circuit from the stylus to the system). Ryshtun further discloses wherein the controller is configured to transmit remaining power information indicating a remaining amount of power of the power supply circuit through the electrode (Fig. 7; [0088], [0090], e.g., the stylus 700 modulates battery data (e.g., battery charge status) into the stylus TX signal 535). Ryshtun does not specifically disclose wherein the power supply circuit is a rechargeable power supply that is configured to be charged by receiving energy from an external source via electromagnetic induction or electric field coupling., and wherein the controller is configured to transmit the remaining power information of the rechargeable power supply circuit via the wireless communication circuit. However, Oda discloses a position indicator for use with a position detection system (Fig. 1, [0036], e.g., a position pointer 1 is used with a position detector 2), comprising: a rechargeable power supply circuit configured to be charged by receiving energy from an external source via electromagnetic induction or electric field coupling (Fig. 6; [0137]-[0143], e.g., a rechargeable power supply circuit 310 is charged by receiving induced current via electromagnetic induction). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Oda in the invention of Ryshtun for including a rechargeable power supply circuit configured to be charged by receiving energy from an external source via electromagnetic induction so that exchange of a battery becomes unnecessary and also the position pointer's weight is reduced (see [0128] and [0150] of Oda). Ryshtun in view of Oda does not specifically disclose wherein the controller is configured to transmit the remaining power information of the rechargeable power supply circuit via the wireless communication circuit. However, Geaghan discloses a pointing device for use with a position detection system (Fig 11, [0171], e.g., pen 1100 communicates with a touch panel 1122), comprising: a controller (Fig. 10B; [0169], e.g., processor 1030) configured to transmit remaining power information of a power supply circuit via a wireless communication circuit ([0170], [0172], [0180], e.g., a wireless communication circuitry 1050 is used to convey information such as a battery level from the pen to the touch panel). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Geaghan in the invention of Ryshtun in view of Oda for transmitting remaining power information of a rechargeable power supply circuit via a wireless communication circuit because it eliminates the need for modulation of the remaining power information on a position detection signal (see [0089] of Geaghan). Regarding claim 2, Ryshtun in view of Oda and Geaghan further discloses the pointing device of claim 1, further comprising: a signal generation circuit configured to generate the position detection signal (Ryshtun, Fig. 2; [0059]-[0060], e.g., during stylus scanning, stylus TX drive circuit 222 generates a stylus TX signal 227). Regarding claim 3, Ryshtun further discloses the pointing device of claim 1, further comprising an operation circuit configured to receive user input ([0083], e.g., a button configured to receive the user operation), wherein the controller is further configured to control transmission, via the wireless communication circuit, of information generated in response to the user input ([0073], e.g., the button data is transmitted via the wireless communication link to the host, also see [0094]). Regarding claim 4, Geaghan further discloses the position indicator for use with a position detection system, further comprising: a memory storing identification information of the pointing device ([0153], e.g., code circuitry stores the pen code that identifies the pen), wherein the controller is further configured to control, transmission, via the wireless communication circuit, of the identification information ([0170], e.g., transmits the pen code to the touch sensor via the wireless communication circuit). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Ryshtun in view of Oda and Geaghan for providing a circuitry for storing identification information of a pointing device and transmitting the identification information from a wireless communication circuit to a position detection system so that a position indicator can be uniquely recognized by the position detection system with respect to other position indicators used with a position detection system. Regarding claim 6, Ryshtun further discloses the pointing device of claim 1, wherein the first communication circuit is configured to transmit the position detection signal via electrostatic coupling with a sensor of the position detection system (Fig. 7; [0071], e.g., the capacitively couples the TX signal with the ITO panel 420 of the system). Regarding claim 9, Ryshtun further discloses the pointing device of claim 1, wherein the wireless communication circuit is a Bluetooth® communication module ([0073], e.g., the communication channel may be Bluetooth link). 6. Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ryshtun et al. (US 2013/0207938) in view of Oda et al. (US 2012/0256830) and Geaghan et al. (US 2017/0131798), and further in view of Oda et al. (US 2011/0153263, hereinafter referred to as Oda 263’). Regarding claim 5, Ryshtun in view of Oda and Geaghan does not specifically disclose the pointing device of claim 1, wherein the first communication unit is configured to receive signals based on spread codes transmitted from a sensor unit of the position detection system. However, Oda 263’ discloses a pointing device for use with a position detection system (Fig 1; [0093], [0095], [0098], e.g., a pointer such as an electrostatic pen is used with pointer detection apparatus 1), comprising: a first communication unit configured to receive signals based on spread codes transmitted from a sensor unit of the position detection system (Figs 1-3; [0116]-[0118], e.g., receive signals based on spread codes C1 to C16 from a sensor section 100 of the apparatus 1 via capacitive coupling for position detection). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Oda 263’ in the invention of Ryshtun in view of Oda and Geaghan for transmitting signals based on spread codes to a pointing device in order to detect a position of a pointing device based on the transmitted spread codes (see [0174]-[0177] of Oda 263’). 7. Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ryshtun et al. (US 2013/0207938) in view of Oda et al. (US 2012/0256830) and Geaghan et al. (US 2017/0131798), and further in view of Horie (US 2012/0306824). Regarding claim 7, Ryshtun in view of Oda and Geaghan further discloses the pointing device of claim 1, wherein the first communication circuit is configured to transmit the position detection signal via electromagnetic coupling with a sensor of the position detection system. However, Horie discloses a positioning device for use with a position detection system (Fig. 4; [0056], e.g., a position pointer 51 for use with a position detecting apparatus 23) comprising a first communication unit configured to transmit a position detection signal via electromagnetic coupling with a sensor unit of the position detection system ([0056]-[0064], e.g., a first communication unit is configured to transmit an electromagnetic wave to a loop coil of the position detection apparatus 23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of Horie in the invention of Ryshtun in view of Oda an dGeaghan for including a first communication unit configured to transmit a position detection signal via electromagnetic coupling with a sensor of a position detection system in order to obtain a position of the pointing device by using the electromagnetic coupling. 8. Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ryshtun et al. (US 2013/0207938) in view of Oda et al. (US 2012/0256830) and Geaghan et al. (US 2017/0131798), and further in view of HARGREAVES et al. (US 2010/0315384). Regarding claim 10, Ryshtun in view of Oda and Geaghan does not specifically disclose the pointing device of claim 1, wherein the controller is further configured to place the first communication circuit or the wireless communication circuit into a sleep mode in response to a failure to receive a signal from the position detection system for a predetermined period of time. However, HARGREAVES discloses a pointing device for use with a potion detection system (Fig. 1A; [0014], [0019], e.g., an active pen 101 for use with a capacitive sensing device 102), comprising a controller ([0052], e.g., a processing unit 120) configured to place a first communication circuit or a second communication circuit into a sleep mode in response to a failure to receive a signal from the position detection system ([0052], e.g., when the capacitive sensing signal is lost, untethered active pen 101 may enter a sleep mode). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the teachings of HARGREAVES in the invention of Ryshtun in view of Oda and Geaghan for placing a first communication circuit or a second communication circuit into a sleep mode in response to a failure to receive a signal from a position detection system in order to achieve power saving. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to place the first communication circuit or the second communication circuit into the sleep mode in response to a failure to receive a signal from the position detection system for a predetermined period of time in order to allow for detecting the signal for the predetermined period of time, thus avoiding mistakenly shifting to the sleep mode. Conclusion 9. 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 HONG ZHOU whose telephone number is (571)270-5372. The examiner can normally be reached 9:00-5:00 PM. 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, BENJAMIN C LEE can be reached at 571-272-2963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HONG ZHOU/Primary Examiner, Art Unit 2629
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Prosecution Timeline

Aug 13, 2025
Application Filed
Apr 22, 2026
Non-Final Rejection mailed — §103
Jul 21, 2026
Response Filed
Sep 15, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
94%
With Interview (+16.8%)
2y 5m (~1y 4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 893 resolved cases by this examiner. Grant probability derived from career allowance rate.

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