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).
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.
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Claims1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,418,289. Although the claims at issue are not identical, they are not patentably distinct from each other because they are having common technical features which are not distinct from one another.
Present application: 19/306,856
USP 12,418,289
Claim 1:
A computer peripheral device input detection module comprising: an actuator; a contact-based mechanical trigger; and a contactless analog switch, wherein the actuator is configured to be depressed and move along a path over a range of operation, wherein the contact-based mechanical trigger is configured to activate after the actuator is depressed a threshold distance in the range of operation, and wherein in response to the contact-based mechanical trigger activating, the contactless analog switch is configured to detect, at a sample rate, a position of the actuator between the threshold distance and an end of the range of operation.
Claim 12:
A method of operating a computer peripheral device, the method comprising: receiving a signal from a contact-based mechanical trigger of an input detection module comprising the contact-based mechanical trigger and a contactless analog switch, the signal indicating that the contact-based mechanical trigger is activated due to an actuator of the input detection module being depressed over a range of operation by a threshold distance; and in response to the contact-based mechanical trigger activating, detecting, by the contactless analog switch at a sample rate, a position of the actuator between the threshold distance and an end of the range of operation.
Claim 20:
A computer peripheral device input module comprising: an actuator; a contact-based switch; and a contactless analog switch, wherein the actuator is configured to be depressed, wherein the contact-based mechanical trigger is configured to change from a first state to a second state as the actuator is depressed, and wherein in response to the contact-based switch changing state, the contactless analog switch is activated and operable to detect, at a sample rate, a position of the actuator over a range of operation.
Claim 1:
A keyboard key structure comprising: a key stem; a contact-based mechanical trigger; and a contactless analog key switch, wherein the key stem is configured to be depressed and move along a linear path over a range of operation, wherein the contact-based mechanical trigger is configured to activate after the key stem is depressed a threshold distance in the range of operation, and wherein in response to the contact-based mechanical trigger activating, the contactless analog key switch is configured to detect, at a sample rate, a position of the key stem between the threshold distance and an end of the range of operation.
Claim 12:
A method of operating a keyboard, the method comprising: receiving a signal from a contact-based mechanical trigger of a hybrid key structure comprising the contact-based key mechanical trigger and a contactless analog key switch, the signal indicating that the contact-based mechanical trigger is activated due to a key stem of the hybrid key structure being depressed over a range of operation by a threshold distance; in response to the contact-based mechanical trigger activating, detecting, by the contactless analog key switch at a sample rate, a position of the key stem between the threshold distance and an end of the range of operation; and in response to the contact-based mechanical trigger deactivating due to the key stem moving below the threshold distance, ceasing detection of the position of the key stem over the range of operation.
Claim 20:
A keyboard key structure comprising: a key stem; a contact-based key switch; and a contactless analog key switch, wherein the key stem is configured to be depressed, wherein the contact-based mechanical trigger is configured to activate first as the key stem is depressed, and wherein in response to the contact-based key switch activating, and after the key stem is depressed a further distance, the contactless analog key switch is activated and operable to detect, at a sample rate, a position of the key stem over a range of operation.
The limitations of claims 3-11 and 14-19 of the present invention are also similar to claims 3-11 and 14-19 of USP 12,418,289.
Conclusion
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/TUAN T LAM/Primary Examiner, Art Unit 2836 9/27/2026