DETAILED ACTION
This FINAL action is in response to Application No. 19/313,095 originally filed 08/28/2025. The amendment presented on 06/26/2026 which provides no amendments to claims 1-8 is hereby acknowledged.
Currently Claim(s) 1-8 are pending.
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 Arguments
Applicant's arguments filed 06/26/2026 have been fully considered but they are not persuasive.
Applicant appears to assert, on pages 1-2, that the prior art does not suggest "a proximity detector configured to detect proximity of a hand to a region below the lower edge of the display surface" however The Officer respectfully disagrees. Although the cited reference is different from the invention disclosed, the language of Applicant's claims is sufficiently broad to reasonably read on the cited reference. A broad reading does not constitute "teaching away."
Further, it has been held that nonpreferred embodiments failing to assert discovery beyond that known in the art does not constitute a “teaching away” unless such disclosure criticizes, discredits, or otherwise discourages the solution claimed. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971), In re Gurley, 27 F.3d 551, 554, 31 USPQ2d 1130, 1132 (Fed. Cir. 1994), In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004), (see MPEP §2124).
Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971). “A known or obvious composition does not become patentable simply because it has been described as somewhat inferior to some other product for the same use.” In re Gurley, 27 F.3d 551, 554, 31 USPQ2d 1130, 1132 (Fed. Cir. 1994) (The invention was directed to an epoxy impregnated fiber-reinforced printed circuit material. The applied prior art reference taught a printed circuit material similar to that of the claims but impregnated with polyester-imide resin instead of epoxy. The reference, however, disclosed that epoxy was known for this use, but that epoxy impregnated circuit boards have “relatively acceptable dimensional stability” and “some degree of flexibility,” but are inferior to circuit boards impregnated with polyester-imide resins. The court upheld the rejection concluding that applicant’s argument that the reference teaches away from using epoxy was insufficient to overcome the rejection since “Gurley asserted no discovery beyond what was known in the art.” 27 F.3d at 554, 31 USPQ2d at 1132.). Furthermore, “[t]he prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed….” In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004). (MPEP §2124).
In this case, Examiner finds neither discredit of the combination, nor destruction of the reference because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed. Applicant appears to mistake "teaching away" as applying to a comparison of the application with the reference cited, rather than properly applying between the reference(s) of the combination.
The Office further notes that the reference of Small is referenced to provide a teaching that one of skill would be aware of setting detection sensitivities of a touch detector between a first and second sensitivity. In response to applicant's argument that the references fail to show certain features of applicant’s invention, it is noted that the features upon which applicant relies (i.e., “none of the cited references teaches or suggests using reflected light intensity as a reference or threshold to determine whether to activate a proximity detection in the system”) are not recited in the rejected claim(s). Rather the independent claims appear to broadly suggest only detection mechanisms and different settings of sensitivities (as seen in Small). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Therefore, after review, The Office does not find the Applicants arguments persuasive and the rejection will be currently maintained.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abe U.S. Patent Application Publication No. 2021/0303076 A1 hereinafter Abe in view of Ichikawa U.S. Patent Application Publication No. 2021/0227665 A1 hereinafter Ichikawa and further in view of Small et al. U.S. Patent Application Publication No. 2011/0082615 A1 hereinafter Small.
Consider Claim 1:
Abe discloses a touch detection system comprising: (Abe, See Abstract.)
a display; (Abe, [0027], “As illustrated in FIGS. 1 and 2, a first operation device 10 is disposed in a center cluster region at a center of the dashboard 5 in a left-right direction and a second operation device 20 is disposed in front of the center console 6. The first operation device 10 and the second operation device 20 are disposed in parallel in a front-rear direction. An operation control apparatus 30 according to the embodiment of the present invention is constituted by the first operation device 10, the second operation device 20, and circuit units illustrated in a block diagram of FIG. 8.”)
touch sensors arranged below a lower edge of a display surface of the display; (Abe, [0033], “As illustrated in FIG. 2, the first operation device 10 includes a plurality of operation buttons 13 on a lower side of the display screen 11a. The operation buttons 13 include a mechanical switch having a mechanical contact or a sensor of the capacitance detection type detecting a touch of a finger. The operation buttons 13 also function as a portion of the first operation detection unit 12 disposed in the first operation device 10. The second operation device 20 similarly includes such operation buttons 13 as appropriate.”)
a touch detector configured to detect a touch on the touch sensors with a set
detection sensitivity; and a proximity detector configured to detect proximity of a hand to a region below the lower edge of the display surface, wherein: the proximity detector is configured to detect the proximity of the hand to the region when a predetermined condition is satisfied for any i…; (Abe, [0049], “In the first operation example, while the second operation detection unit 22 of the second operation device 20 detects that the hand h or the finger f is included in the spatial sensing region A2, the detection determination controller 32 preferably determines a movement direction of the hand h or the finger f. Only when it is determined that the hand h or the finger f included in the spatial sensing region A2 is moved in the front direction F, the main controller 33 may determine that the operator intends to operate the first operation device 10 and the first display unit 11 of the first operation device 10 may be activated.”)
Abe while teaching spatial touch detection and detection within a spatial region however does not provide details of the detection device having the proximity detector is configured to detect the proximity of the hand to the region when a predetermined condition is satisfied for any i, i being an integer indicating a sequential position of a light source among the light sources arranged along the horizontal direction; three or more light sources, arranged below the lower edge of the display surface of the display in a horizontal direction of the display, and configured to emit non-visible light upward in a direction toward a space in front of the display surface; photodetectors, each configured to detect a reflected light of the non-visible light emitted by a corresponding one of the light sources; the predetermined condition at least requires that an intensity of a reflected light from an i-th light source, among the light sources, detected by a corresponding one of the photodetectors is greater than a predetermined threshold, and is not satisfied when a reference reflected light intensity is greater than a level determined from a predetermined reference; A being an integer of one or greater, when both an (i + A)th light source and an (i - A)th light source are present among the light sources, the reference reflected light intensity is a greater one of an intensity of a reflected light from the (i + A)th light source and an intensity of a reflected light from the (i - A)th light source detected by corresponding ones of the photodetectors, or a sum of the intensity of the reflected light from the (i + A)th light source and the intensity of the reflected light from the (i - A)th light source detected by corresponding ones of the photodetectors, and when either the (i + A)th light source or the (i - A)th light source is present among the light sources, but not both, the reference reflected light intensity is an intensity of a reflected light from the present light source detected by a corresponding one of the photodetectors; and when the proximity of the hand to the region is detected, the touch detector is configured to set the detection sensitivity of the touch detector to a first sensitivity, and otherwise, the touch detector is configured to set the detection sensitivity of the touch detector to a second sensitivity, which is less sensitive than the first sensitivity.
Ichikawa however teaches that it was a known technique to those of skill in the art to provide a spatial sensing device for detecting the presence of a hand or finger that includes three or more light sources, arranged below the lower edge of the display surface of the display in a horizontal direction of the display, and configured to emit non-visible light upward in a direction toward a space in front of the display surface; (Ichikawa, [0025], “Returning back to FIG. 1, the proximity detection device 3 includes a proximity detection sensor 31 and a proximity detection controller 32. The proximity detection sensor 31 includes four infrared LEDs of an LED 1, an LED 2, an LED 3, and an LED 4, and two photodiodes of a PD 1 and a PD 2 that detect infrared light. The proximity detection controller 32 includes a drive unit 321 that causes the LED 1, the LED 2, the LED 3, and the LED 4 to emit light by driving these LEDs, a detection unit 322 that converts current signals output by the PD 1 and the PD 2 into intensity signals indicating intensities of the infrared light incident on the PD 1 and the PD 2, and a detection control unit 323 that controls operations of the drive unit 321 and the detection unit 322, detects the approach of a hand of a user to the display surface of the display 2 by the intensities of the infrared light indicated by the signals converted by the detection unit 322, and notifies the data processing device 1 of the detected approach.”)
photodetectors, each configured to detect a reflected light of the non-visible light emitted by a corresponding one of the light sources; (Ichikawa, [0053], “That is, for example, as illustrated in FIG. 8A, when six infrared LEDs and three photodiodes of the LED 1, the PD 1, the LED 2, the LED 3, the PD 2, the LED 4, the LED 5, the PD 3, and the LED 6 are arranged from left to right in the described order, it is detected whether or not the hand of the user is positioned in the upper region of the display 2 according to the magnitude of the intensity signal detected by the PD 3 when only the LED 1 is turned on and the intensity signal detected by the PD 1 when only the LED 6 is turned on.”)
the predetermined condition at least requires that an intensity of a reflected light from an i-th light source, among the light sources, detected by a corresponding one of the photodetectors is greater than a predetermined threshold, and is not satisfied when a reference reflected light intensity is greater than a level determined from a predetermined reference; A being an integer of one or greater, when both an (i + A)th light source and an (i - A)th light source are present among the light sources, the reference reflected light intensity is a greater one of an intensity of a reflected light from the (i + A)th light source and an intensity of a reflected light from the (i - A)th light source detected by corresponding ones of the photodetectors, or a sum of the intensity of the reflected light from the (i + A)th light source and the intensity of the reflected light from the (i - A)th light source detected by corresponding ones of the photodetectors, and when either the (i + A)th light source or the (i - A)th light source is present among the light sources, but not both, the reference reflected light intensity is an intensity of a reflected light from the present light source detected by a corresponding one of the photodetectors; and (Ichikawa, [0042-0048], [0042], “The detection control unit calculates maximum values max (A1, A2, A3, A4) of the intensity signals A1, A2, A3, and A4 as MA (step 706), investigates whether or not MA exceeds a predetermined threshold value Thmin (step 708), returns the processing to step 702 as it is when the MA does not exceed the predetermined threshold value, and waits for the acquisition of the intensity signals A1, A2, A3, A4, E1, and E2 of the next cycle from the detection unit 322. A minimum value with which MA is acquirable when the reflection due to the hand of the user occurs in the vicinity of the display surface in front of the display surface of the display 2 is used as the threshold value Thmin.”)
Abe and Ichikawa however do not specify details of when the proximity of the hand to the region is detected, the touch detector is configured to set the detection sensitivity of the touch detector to a first sensitivity, and otherwise, the touch detector is configured to set the detection sensitivity of the touch detector to a second sensitivity, which is less sensitive than the first sensitivity.
Small however teaches that it was a known technique to those of skill in the art to provide sensing of the hand to change sensitivities of the touch panel based on the sensing of the approaching hand and therefore teaches when the proximity of the hand to the region is detected, the touch detector is configured to set the detection sensitivity of the touch detector to a first sensitivity, and otherwise, the touch detector is configured to set the detection sensitivity of the touch detector to a second sensitivity, which is less sensitive than the first sensitivity. (Small, [0049-0054], [0047], “In addition to waking the system by touch, preferably the system may also be configured to awaken by a user's proximity to the screen, where the detection sensitivity, and thus the proximity of the user to the screen that is required in order to activate the display, is either preset or user configurable. This configuration requires one or more proximity sensors 701 which comprise a proximity detection system 231, which is connected to controller 201. FIG. 7 illustrates this aspect of the invention. As shown, several proximity sensors 701 are mounted on either side of touch-screen display 100. Although sensors 701 may only be mounted on the driver's side of the display, preferably sensors 701 are mounted on both sides of display 100 and the proximity detection system is designed to allow the touch screen to be wakened from sleep mode by either the driver or the passenger in the front passenger seat.”)
It therefore would have been obvious to those having ordinary skill in the art before the effective filing date of the invention to provide detection sensitivity of the touch detector as this was a known technique in view of Small and would have been utilized for the purpose of the touch screen is ready to immediately receive a command from the user, as opposed to needing to be touched twice (i.e., the wake-up touch and the input touch). (Small, [0053])
Consider Claim 2:
Abe in view of Ichikawa in view of Small disclose the touch detection system according to claim 1, wherein: the proximity detector is configured to detect the proximity of the hand to the region when, for any i, a value obtained by subtracting the reference reflected light intensity from an intensity of a reflected light of an i-th light source detected by a corresponding one of the photodetectors is greater than a predetermined threshold; and (Ichikawa, [0008], “In order to achieve the object, the present disclosure describes a proximity detection device that detects the approach of a user to a display surface of a display. The proximity detection device includes a plurality of infrared light sources that is arranged along a first side which is one side of the display surface outside of the display surface of the display, and emits infrared light passing through in front of the display surface, a plurality of photodetectors that is arranged along the first side outside the display surface, a proximity detection unit configured to detect the approach of the user to the display surface when an intensity which is detected by the photodetector corresponding to the infrared light source according to a predetermined correspondence and is an intensity of reflection light of the infrared light emitted by the infrared light source is used as a first detection reflection intensity of emission light of the infrared light source for each of the plurality of infrared light sources and the intensity of the reflection light of the infrared light indicated by the first detection reflection intensity of the emission light of each infrared light source exceeds a set threshold value, and a threshold value setting unit configured to set a threshold value to the proximity detection unit such that the threshold value changes depending on an evaluation value calculated according to a predetermined evaluation function from each second detection reflection intensity and each first detection reflection intensity by using, as target infrared light sources, one or a plurality of infrared light sources of the plurality of infrared light sources and using, as second detection reflection intensities of emission light of the target infrared light sources, intensities which are intensities of reflection light of infrared light emitted by the target infrared light sources and are detected by the photodetectors further from the target infrared light sources than the photodetectors corresponding to the infrared light sources which are the target infrared light sources according to the correspondence for each target infrared light sources.”)
when the proximity of the hand to the region is detected, the touch detector is configured to set the detection sensitivity of the touch detector to the first sensitivity, and otherwise, the touch detector is configured to set the detection sensitivity of the touch detector to the second sensitivity. (Small, [0054], “In at least one preferred embodiment, proximity detection system 231 is configured to allow controller 201 to determine which zone of the touch screen display the user's hand is approaching. Typically this determination is accomplished through the use of multiple sensors 701 relative to one, or both, display sides as shown in FIG. 7. The use of multiple sensors 701 allows controller 201 to determine which zone of display 100 the user's hand is approaching, for example by determining which sensor 701 the user's hand is closest to when reaching towards the display, and then matching that sensor with a particular zone. In at least one embodiment, the user may configure the system to wake up only the zone proximate to the proximity sensor(s) that has detected the user's hand, rather than the entire display screen. This aspect of the invention allows the user to only activate, i.e., wake up, the vehicle subsystem interface of interest, for example the audio system interface, thus conserving power and minimizing distractions.”)
Consider Claim 3:
Abe in view of Ichikawa in view of Small disclose the touch detection system according to claim 1, wherein: the proximity detector is configured to detect the proximity of the hand to the region when, for any i, an intensity of a reflected light from an i-th light source detected by a corresponding one of the photodetectors is greater than a predetermined threshold in conjunction with the reference reflected light intensity being not greater than a predetermined value; and (Ichikawa, [0008], “In order to achieve the object, the present disclosure describes a proximity detection device that detects the approach of a user to a display surface of a display. The proximity detection device includes a plurality of infrared light sources that is arranged along a first side which is one side of the display surface outside of the display surface of the display, and emits infrared light passing through in front of the display surface, a plurality of photodetectors that is arranged along the first side outside the display surface, a proximity detection unit configured to detect the approach of the user to the display surface when an intensity which is detected by the photodetector corresponding to the infrared light source according to a predetermined correspondence and is an intensity of reflection light of the infrared light emitted by the infrared light source is used as a first detection reflection intensity of emission light of the infrared light source for each of the plurality of infrared light sources and the intensity of the reflection light of the infrared light indicated by the first detection reflection intensity of the emission light of each infrared light source exceeds a set threshold value, and a threshold value setting unit configured to set a threshold value to the proximity detection unit such that the threshold value changes depending on an evaluation value calculated according to a predetermined evaluation function from each second detection reflection intensity and each first detection reflection intensity by using, as target infrared light sources, one or a plurality of infrared light sources of the plurality of infrared light sources and using, as second detection reflection intensities of emission light of the target infrared light sources, intensities which are intensities of reflection light of infrared light emitted by the target infrared light sources and are detected by the photodetectors further from the target infrared light sources than the photodetectors corresponding to the infrared light sources which are the target infrared light sources according to the correspondence for each target infrared light sources.”)
when the proximity of the hand to the region is detected, the touch detector is configured to set the detection sensitivity of the touch detector to the first sensitivity, and otherwise, the touch detector is configured to set the detection sensitivity of the touch detector to the second sensitivity. (Small, [0054], “In at least one preferred embodiment, proximity detection system 231 is configured to allow controller 201 to determine which zone of the touch screen display the user's hand is approaching. Typically this determination is accomplished through the use of multiple sensors 701 relative to one, or both, display sides as shown in FIG. 7. The use of multiple sensors 701 allows controller 201 to determine which zone of display 100 the user's hand is approaching, for example by determining which sensor 701 the user's hand is closest to when reaching towards the display, and then matching that sensor with a particular zone. In at least one embodiment, the user may configure the system to wake up only the zone proximate to the proximity sensor(s) that has detected the user's hand, rather than the entire display screen. This aspect of the invention allows the user to only activate, i.e., wake up, the vehicle subsystem interface of interest, for example the audio system interface, thus conserving power and minimizing distractions.”)
Consider Claim 4:
Abe in view of Ichikawa in view of Small disclose the touch detection system according to claim 1, wherein: the proximity detector is configured to detect the proximity of the hand to the region when, for any i, an intensity of a reflected light from an i-th light source detected by a corresponding one of the photodetectors is greater than a threshold that is set to increase as the reference reflected light intensity increases; and (Ichikawa, [0008], “In order to achieve the object, the present disclosure describes a proximity detection device that detects the approach of a user to a display surface of a display. The proximity detection device includes a plurality of infrared light sources that is arranged along a first side which is one side of the display surface outside of the display surface of the display, and emits infrared light passing through in front of the display surface, a plurality of photodetectors that is arranged along the first side outside the display surface, a proximity detection unit configured to detect the approach of the user to the display surface when an intensity which is detected by the photodetector corresponding to the infrared light source according to a predetermined correspondence and is an intensity of reflection light of the infrared light emitted by the infrared light source is used as a first detection reflection intensity of emission light of the infrared light source for each of the plurality of infrared light sources and the intensity of the reflection light of the infrared light indicated by the first detection reflection intensity of the emission light of each infrared light source exceeds a set threshold value, and a threshold value setting unit configured to set a threshold value to the proximity detection unit such that the threshold value changes depending on an evaluation value calculated according to a predetermined evaluation function from each second detection reflection intensity and each first detection reflection intensity by using, as target infrared light sources, one or a plurality of infrared light sources of the plurality of infrared light sources and using, as second detection reflection intensities of emission light of the target infrared light sources, intensities which are intensities of reflection light of infrared light emitted by the target infrared light sources and are detected by the photodetectors further from the target infrared light sources than the photodetectors corresponding to the infrared light sources which are the target infrared light sources according to the correspondence for each target infrared light sources.”)
when the proximity of the hand to the region is detected, the touch detector is configured to set the detection sensitivity of the touch detector to the first sensitivity, and otherwise, the touch detector is configured to set the detection sensitivity of the touch detector to the second sensitivity. (Small, [0054], “In at least one preferred embodiment, proximity detection system 231 is configured to allow controller 201 to determine which zone of the touch screen display the user's hand is approaching. Typically this determination is accomplished through the use of multiple sensors 701 relative to one, or both, display sides as shown in FIG. 7. The use of multiple sensors 701 allows controller 201 to determine which zone of display 100 the user's hand is approaching, for example by determining which sensor 701 the user's hand is closest to when reaching towards the display, and then matching that sensor with a particular zone. In at least one embodiment, the user may configure the system to wake up only the zone proximate to the proximity sensor(s) that has detected the user's hand, rather than the entire display screen. This aspect of the invention allows the user to only activate, i.e., wake up, the vehicle subsystem interface of interest, for example the audio system interface, thus conserving power and minimizing distractions.”)
Consider Claim 5:
Abe in view of Ichikawa in view of Small disclose the touch detection system according to claim 1, wherein A = 2. (Ichikawa, [0028], “Arrows in FIGS. 3A and 3B represent central axes of directional angles of the LED 1, the LED 2, the LED 3, and the LED 4, and the LED 1, the LED 2, the LED 3, and the LED 4 diagonally irradiates a front upper side of the display 2 with the infrared light.”)
Consider Claim 6:
Abe discloses a touch detection system comprising: (Abe, See Abstract.)
a display; (Abe, [0027], “As illustrated in FIGS. 1 and 2, a first operation device 10 is disposed in a center cluster region at a center of the dashboard 5 in a left-right direction and a second operation device 20 is disposed in front of the center console 6. The first operation device 10 and the second operation device 20 are disposed in parallel in a front-rear direction. An operation control apparatus 30 according to the embodiment of the present invention is constituted by the first operation device 10, the second operation device 20, and circuit units illustrated in a block diagram of FIG. 8.”)
touch sensors arranged below a lower edge of a display surface of the display; (Abe, [0033], “As illustrated in FIG. 2, the first operation device 10 includes a plurality of operation buttons 13 on a lower side of the display screen 11a. The operation buttons 13 include a mechanical switch having a mechanical contact or a sensor of the capacitance detection type detecting a touch of a finger. The operation buttons 13 also function as a portion of the first operation detection unit 12 disposed in the first operation device 10. The second operation device 20 similarly includes such operation buttons 13 as appropriate.”)
… light sources, … configured to emit non-visible light upward in a direction toward a space in front of the display surface; photodetectors, each configured to detect a reflected light of the non-visible light emitted by a corresponding one of the light sources; a touch detector configured to detect a touch on the touch sensors with a set detection sensitivity; and a proximity detector configured to detect proximity of a hand to a region below the lower edge of the display surface, wherein: the proximity detector includes a first detector, a second detector, and a detection determination unit; the first detector is configured to detect the proximity of the hand to the region when a predetermined condition is satisfied for any i,….(Abe, [0037], “The detection determination controller 32 determines a coordinate position of a hand or a finger of the operator moved to the spatial sensing region A1 illustrated in FIG. 3 and a distance between the hand or the finger and the surface 10a in accordance with the detection signal supplied from the first operation detection unit 12. An area of the hand may be further determined. Furthermore, the detection determination controller 32 also determines whether the finger has touched the display screen 11a and a coordinate position of the touch in accordance with the detection signal supplied from the first operation detection unit 12. The detection determination controller 32 further determines whether one of the operation buttons 13 serving as a portion of the first operation detection unit 12 has been operated. Similarly, the detection determination controller 32 determines a coordinate position of a hand or a finger of the operator moved to the spatial sensing region A2 illustrated in FIG. 3 and a distance between the hand or the finger and the surface 20a in accordance with the detection signal supplied from the second operation detection unit 22. Furthermore, the detection determination controller 32 also determines whether the finger has touched the display screen 21a and a coordinate position of the touch in accordance with the detection signal supplied from the second operation detection unit 22.”)
Abe while teaching spatial touch detection and detection within a spatial region however does not provide details of three or more light sources, arranged below the lower edge of the display surface of the display in a horizontal direction of the display, and i being an integer indicating a sequential position of a light source among the light sources arranged along the horizontal direction; the predetermined condition at least requires that an intensity of a reflected light from an i-th light source, among the light sources, detected by a corresponding one of the photodetectors is greater than a predetermined threshold, and is not satisfied when a reference reflected light intensity is greater than a level determined from a predetermined reference; A being an integer of one or greater, when both an (i + A)th light source and an (i - A)th light source are present among the light sources, the reference reflected light intensity is a greater one of an intensity of a reflected light from the (i + A)th light source and an intensity of a reflected light from the (i - A)th light source detected by corresponding ones of the photodetectors, or a sum of the intensity of the reflected light from the (i + A)th light source and the intensity of the reflected light from the (i - A)th light source detected by corresponding ones of the photodetectors, and when either the (i + A)th light source or the (i - A)th light source is present among the light sources, but not both, the reference reflected light intensity is an intensity of a reflected light from the present light source detected by a corresponding one of the photodetectors; the second detector is configured to detect the proximity of the hand to the region when, for any i, an intensity of a reflected light from an i-th light source detected by a corresponding one of the photodetectors is greater than a preset second threshold that is greater than the predetermined threshold; the detection determination unit is configured to detect the proximity of the hand to the region when at least one of the first detector or the second detector detects the proximity of the hand to the region; and when the proximity of the hand to the region is detected by the detection determination unit, the touch detector is configured to set the detection sensitivity of the touch detector to a first sensitivity, and otherwise, the touch detector is configured to set the detection sensitivity of the touch detector to a second sensitivity, which is less sensitive than the first sensitivity.
Ichikawa however teaches that it was a known technique to those of skill in the art to provide a spatial sensing device for detecting the presence of a hand or finger that includes three or more light sources, arranged below the lower edge of the display surface of the display in a horizontal direction of the display, and configured to emit non-visible light upward in a direction toward a space in front of the display surface; photodetectors, each configured to detect a reflected light of the non-visible light emitted by a corresponding one of the light sources; a touch detector configured to detect a touch on the touch sensors with a set detection sensitivity; and a proximity detector configured to detect proximity of a hand to a region below the lower edge of the display surface, (Ihcikawa, [0030], “Next, the detection control unit 323 of the proximity detection controller 32 controls the operations of the drive unit 321 and the detection unit 322 such that a cycle illustrated in FIG. 4A is repeatedly performed. Here, each cycle includes a period in which the drive unit 321 causes only the LED 1 to emit the light and the detection unit 322 outputs an intensity signal A1 indicating the intensity of the infrared light incident on the PD 1 and an intensity signal E1 indicating the intensity of the infrared light incident on the PD 2, a period in which the drive unit 321 causes only the LED 2 to emit the light and the detection unit 322 outputs an intensity signal A2 indicating the intensity of the infrared light incident on the PD 1, a period in which the drive unit 321 causes only the LED 3 to emit the light and the detection unit 322 outputs an intensity signal A3 indicating the intensity of the infrared light incident on the PD 2, and a period in which the drive unit 321 causes only the LED 4 to emit the light and the detection unit 322 outputs an intensity signal A4 indicating the intensity of the infrared light incident on the PD 2 and an intensity signal E2 indicating the intensity of the infrared light incident on the PD 1.”)
wherein: the proximity detector includes a first detector, a second detector, and a detection determination unit; the first detector is configured to detect the proximity of the hand to the region when a predetermined condition is satisfied for any i, i being an integer indicating a sequential position of a light source among the light sources arranged along the horizontal direction; (Ichikawa, [0025], “Returning back to FIG. 1, the proximity detection device 3 includes a proximity detection sensor 31 and a proximity detection controller 32. The proximity detection sensor 31 includes four infrared LEDs of an LED 1, an LED 2, an LED 3, and an LED 4, and two photodiodes of a PD 1 and a PD 2 that detect infrared light. The proximity detection controller 32 includes a drive unit 321 that causes the LED 1, the LED 2, the LED 3, and the LED 4 to emit light by driving these LEDs, a detection unit 322 that converts current signals output by the PD 1 and the PD 2 into intensity signals indicating intensities of the infrared light incident on the PD 1 and the PD 2, and a detection control unit 323 that controls operations of the drive unit 321 and the detection unit 322, detects the approach of a hand of a user to the display surface of the display 2 by the intensities of the infrared light indicated by the signals converted by the detection unit 322, and notifies the data processing device 1 of the detected approach.”)
the predetermined condition at least requires that an intensity of a reflected light from an i-th light source, among the light sources, detected by a corresponding one of the photodetectors is greater than a predetermined threshold, and is not satisfied when a reference reflected light intensity is greater than a level determined from a predetermined reference; A being an integer of one or greater, when both an (i + A)th light source and an (i - A)th light source are present among the light sources, the reference reflected light intensity is a greater one of an intensity of a reflected light from the (i + A)th light source and an intensity of a reflected light from the (i - A)th light source detected by corresponding ones of the photodetectors, or a sum of the intensity of the reflected light from the (i + A)th light source and the intensity of the reflected light from the (i - A)th light source detected by corresponding ones of the photodetectors, and when either the (i + A)th light source or the (i - A)th light source is present among the light sources, but not both, the reference reflected light intensity is an intensity of a reflected light from the present light source detected by a corresponding one of the photodetectors; the second detector is configured to detect the proximity of the hand to the region when, for any i, an intensity of a reflected light from an i-th light source detected by a corresponding one of the photodetectors is greater than a preset second threshold that is greater than the predetermined threshold; (Ichikawa, [0042-0048], [0042], “The detection control unit calculates maximum values max (A1, A2, A3, A4) of the intensity signals A1, A2, A3, and A4 as MA (step 706), investigates whether or not MA exceeds a predetermined threshold value Thmin (step 708), returns the processing to step 702 as it is when the MA does not exceed the predetermined threshold value, and waits for the acquisition of the intensity signals A1, A2, A3, A4, E1, and E2 of the next cycle from the detection unit 322. A minimum value with which MA is acquirable when the reflection due to the hand of the user occurs in the vicinity of the display surface in front of the display surface of the display 2 is used as the threshold value Thmin.”)
the detection determination unit is configured to detect the proximity of the hand to the region when at least one of the first detector or the second detector detects the proximity of the hand to the region. (Ichikawa, [0025], “Returning back to FIG. 1, the proximity detection device 3 includes a proximity detection sensor 31 and a proximity detection controller 32. The proximity detection sensor 31 includes four infrared LEDs of an LED 1, an LED 2, an LED 3, and an LED 4, and two photodiodes of a PD 1 and a PD 2 that detect infrared light. The proximity detection controller 32 includes a drive unit 321 that causes the LED 1, the LED 2, the LED 3, and the LED 4 to emit light by driving these LEDs, a detection unit 322 that converts current signals output by the PD 1 and the PD 2 into intensity signals indicating intensities of the infrared light incident on the PD 1 and the PD 2, and a detection control unit 323 that controls operations of the drive unit 321 and the detection unit 322, detects the approach of a hand of a user to the display surface of the display 2 by the intensities of the infrared light indicated by the signals converted by the detection unit 322, and notifies the data processing device 1 of the detected approach.”)
Abe and Ichikawa however do not specify details of when the proximity of the hand to the region is detected by the detection determination unit, the touch detector is configured to set the detection sensitivity of the touch detector to a first sensitivity, and otherwise, the touch detector is configured to set the detection sensitivity of the touch detector to a second sensitivity, which is less sensitive than the first sensitivity.
when the proximity of the hand to the region is detected by the detection determination unit, the touch detector is configured to set the detection sensitivity of the touch detector to a first sensitivity, and otherwise, the touch detector is configured to set the detection sensitivity of the touch detector to a second sensitivity, which is less sensitive than the first sensitivity. (Small, [0049-0054], [0047], “In addition to waking the system by touch, preferably the system may also be configured to awaken by a user's proximity to the screen, where the detection sensitivity, and thus the proximity of the user to the screen that is required in order to activate the display, is either preset or user configurable. This configuration requires one or more proximity sensors 701 which comprise a proximity detection system 231, which is connected to controller 201. FIG. 7 illustrates this aspect of the invention. As shown, several proximity sensors 701 are mounted on either side of touch-screen display 100. Although sensors 701 may only be mounted on the driver's side of the display, preferably sensors 701 are mounted on both sides of display 100 and the proximity detection system is designed to allow the touch screen to be wakened from sleep mode by either the driver or the passenger in the front passenger seat.”)
It therefore would have been obvious to those having ordinary skill in the art before the effective filing date of the invention to provide detection sensitivity of the touch detector as this was a known technique in view of Small and would have been utilized for the purpose of the touch screen is ready to immediately receive a command from the user, as opposed to needing to be touched twice (i.e., the wake-up touch and the input touch). (Small, [0053])
Consider Claim 8:
Abe in view of Ichikawa in view of Small disclose the touch detection system according to claims 1, wherein the display is arranged on a top of a dashboard of an automobile. (Abe, [0010-0012], Ichikawa, [0023])
Allowable Subject Matter
Claim 7 is allowed.
The following is an examiner’s statement of reasons for allowance: The prior art of record does not appear to fairly suggest either alone or in combination the features of claim 7 having “the predetermined condition is satisfied when a signal magnitude indicating an intensity of a reflected light of an i-th light source detected by a corresponding one of the photodetectors, in which frequency components in a predetermined frequency band have been attenuated, is greater than a threshold, the predetermined frequency band being determined so as to correspond to a frequency band of a swing of an object when the object is hanging in front of an upper portion of the display surface of the display; and when the proximity of the hand to the region is detected, the touch detector is configured to set the detection sensitivity of the touch detector to a first sensitivity, and otherwise, the touch detector is configured to set the detection sensitivity of the touch detector to a second sensitivity, which is less sensitive than the first sensitivity.”. Therefore, it is respectfully submitted this claim is not taught in view of the prior art of record.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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.
Prior art made of record and not relied upon which is still considered pertinent to applicant's disclosure is cited in a current or previous PTO-892. The prior art cited in a current or previous PTO-892 reads upon the applicants claims in part, in whole and/or gives a general reference to the knowledge and skill of persons having ordinary skill in the art before the effective filing date of the invention. Applicant, when responding to this Office action, should consider not only the cited references applied in the rejection but also any additional references made of record.
In the response to this office action, the Examiner respectfully requests support be shown for any new or amended claims. More precisely, indicate support for any newly added language or amendments by specifying page, line numbers, and/or figure(s). This will assist The Office in compact prosecution of this application. The Office has cited particular columns, paragraphs, and/or line numbers in the applied rejection of the claims above for the convenience of the applicant. Citations are representative of the teachings in the art and are applied to the specific limitations within each claim, however other passages and figures may apply. Applicant, in preparing a response, should fully consider the cited reference(s) in its entirety and not only the cited portions as other sections of the reference may expand on the teachings of the cited portion(s).
Applicant Representatives are reminded of CFR 1.4(d)(2)(ii) which states “A patent practitioner (§ 1.32(a)(1) ), signing pursuant to §§ 1.33(b)(1) or 1.33(b)(2), must supply his/her registration number either as part of the S-signature, or immediately below or adjacent to the S-signature. The number (#) character may be used only as part of the S-signature when appearing before a practitioner’s registration number; otherwise the number character may not be used in an S-signature.” When an unsigned or improperly signed amendment is received the amendment will be listed in the contents of the application file, but not entered. The examiner will notify applicant of the status of the application, advising him or her to furnish a duplicate amendment properly signed or to ratify the amendment already filed. In an application not under final rejection, applicant should be given a two month time period in which to ratify the previously filed amendment (37 CFR 1.135(c) ).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J JANSEN II whose telephone number is (571)272-5604. The examiner can normally be reached Normally Available Monday-Friday 9am-4pm EST.
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.
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/Michael J Jansen II/ Primary Examiner, Art Unit 2626
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