DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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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2. Claim(s) 1, 14, and 20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 10, 14, and 19 of U.S. Patent No. 12,462,672. Although the claims at issue are not identical, they are not patentably distinct from each other because:
A. Concerning Claim 1 of the instant application, is a combination of Claims 14 and 19 of the U.S. Patent wherein the “communication protocol” having “variable command”.
B. Concerning Claim 14 of the instant application, is essentially broader than Claim 10 of the U.S. Patent wherein “encodes a second uplink signal using a spread code” would have been obvious to one ordinary skill in the art as the same “decoding the uplink signal” by the stylus.
C. Concerning Claim 20 of the instant application, is essentially a combination of Claims 10, 14, and 19 of the U.S. Patent.
Instant Application 19/346922
U.S. Patent 12,462,672
1. A stylus, comprising:
a receiver, which, in operation, receives a first uplink signal; and
a processor, which, in operation:
determines a communication protocol based on the first uplink signal, and
decodes a second uplink signal using a spread code selected based on the communication protocol.
14. An active stylus, comprising:
receiver, which, in operation, receives an uplink signal having a variable time length;
a processor, which, in operation,
detects a first variable-length command including data of a variable number of bits, by decoding the uplink signal;
determines, … ; and
a transmitter, … command.
19. The active stylus according to claim 18, wherein:
the processor, in operation, correlates a spread code and the uplink signal; and
detects … uplink signal.
14. A sensor controller, comprising:
a transmitter, which, in operation, transmits a first uplink signal; and
a processor, which, in operation:
determines a communication protocol based on the first uplink signal, and
encodes a second uplink signal using a spread code selected based on the communication protocol.
10. A sensor controller, comprising:
a transmitter, which, in operation, transmits a first variable-length command including data of a variable number of bits, using an uplink signal having a variable time length; and
a receiver, which, in operation, receives from an active stylus a downlink signal according to the first variable-length command, wherein the active stylus detects the first variable-length command by decoding the uplink signal.
20. A system, comprising:
a sensor controller, which, in operation:
transmits a first uplink signal, determines a communication protocol based on the first uplink signal, and
encodes a second uplink signal using a spread code selected based on the communication protocol; and
a stylus, which, in operation:
receives the first uplink signal, determines the communication protocol based on the first uplink signal, and
decodes the second uplink signal using the spread code selected based on the communication protocol.
10. A sensor controller, comprising:
a transmitter, which, in operation, transmits a first variable-length command including data of a variable number of bits, using an uplink signal having a variable time length; and
19. The active stylus … the processor, in operation, correlates a spread code and the uplink signal…
14. An active stylus, comprising:
a receiver, which, in operation, receives an uplink signal having a variable time length; …,
19. The active stylus … the processor, in operation, correlates a spread code and the uplink signal…
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
3. Claim(s) 1-8, 12-17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KOIKE TAKESHI et al. (WO 2016163315).
Regarding Claim 1,
KOIKE TAKESHI et al. teach
a stylus ([0028], FIG. 2, i.e. stylus 2), comprising:
a receiver ([0028], FIG. 2, i.e. reception unit 24), which, in operation, receives a first uplink signal ([0031], FIG. 2, i.e. receiving unit 24 is configured to detect … the uplink signal US); and
a processor ([0028], FIG. 2, i.e. communication control unit 28), which, in operation:
determines a communication protocol based on the first uplink signal ([0030], FIG. 2, i.e. frequency used for communication between the sensor controller 31 and the stylus 2 based on the frequency setting signal F_sel supplied from the communication control unit 28), and
decodes a second uplink signal using a spread code ([0031], FIG. 2, i.e. spread code is performed as a method of modulating the uplink signal US; [0035], FIG. 2, i.e. the time immediately after detecting the uplink signal US including D_UP) selected based on the communication protocol (i.e. please see above citation(s)).
Regarding Claim 2,
KOIKE TAKESHI et al. teach
the stylus according to claim 1, wherein the processor, in operation, determines the communication protocol out of a plurality of communication protocols ([0093], FIG. 12, i.e. the amount of information indicated by each of the command signals CC0 to CC2 differs depending on how the spreading code is used (please note that applicant defines “communication protocols” as “whereas spread codes used to send a variable-length command vCMD are different from protocol to protocol” [0109])).
Regarding Claim 3,
KOIKE TAKESHI et al. teach
the stylus according to claim 1, wherein the second uplink signal comprises a command ([0031], FIG. 2, i.e. search pattern D_UP or the command CC_UP is extracted).
Regarding Claim 4,
KOIKE TAKESHI et al. teach
the stylus according to claim 3, wherein the command has a variable length ([0093], FIG. 12, i.e. the amount of information indicated by each of the command signals CC0 to CC2 differs depending on how the spreading code is used).
Regarding Claim 5,
KOIKE TAKESHI et al. teach
the stylus according to claim 1, wherein the second uplink signal includes a first part ([0035], FIG. 2, i.e. uplink signal US including D_UP) and a second part ([0035], FIG. 2, i.e. reference time by the command CC_UP included in the uplink signal US).
Regarding Claim 6,
KOIKE TAKESHI et al. teach
the stylus according to claim 5, wherein the first part comprises a preamble ([0046], FIG. 2, i.e. search pattern D_UP is data including a bit pattern that is known to stylus 2 (please note that applicant defines “preamble” as “The preamble Pre is made up of known data, e.g., a bit string “00” having a 2-bit length, shared with the stylus 2”)) and the second part comprises a command ([0035], FIG. 2, i.e. reference time by the command CC_UP included in the uplink signal US).
Regarding Claim 7,
KOIKE TAKESHI et al. teach
the stylus according to claim 1, wherein the first uplink signal includes a first part ([0035], FIG. 2, i.e. uplink signal US including D_UP) and a second part ([0035], FIG. 2, i.e. reference time by the command CC_UP included in the uplink signal US).
Regarding Claim 8,
KOIKE TAKESHI et al. teach
the stylus according to claim 7, wherein the first part differs according to the communication protocol ([0046], FIG. 2, i.e. the bit length or content of the search pattern D_UP does not matter. The uplink signal US including the search pattern D_UP including one bit or a plurality of bits is a signal that instructs the stylus 2 to immediately transmit the downlink signal DS with the reception time of the uplink signal US as a reference time).
Regarding Claim 12,
KOIKE TAKESHI et al. teach
the stylus according to claim 1, wherein the processor, in operation, decodes the second uplink signal by performing a correlation operation ([0031], FIG. 2, i.e. Correlation with the signal is performed) based on the spread code.
Regarding Claim 13,
KOIKE TAKESHI et al. teach
the stylus according to claim 1, wherein the processor, in operation, selects the spread code out of a plurality of spread codes ([0092], FIG. 12, i.e. auxiliary uplink signal USsub is transmitted in a state where the frequency of the signal generated by the spreading code of a predetermined number of chips is spread).
Regarding Claim 14,
KOIKE TAKESHI et al. teach
a sensor controller ([0036], FIG. 1-3, i.e. sensor controller 31), comprising:
a transmitter ([0038], FIG. 1-3, i.e. transmission unit 41), which, in operation, transmits a first uplink signal ([0045], FIG. 1-3, i.e. transmit the uplink signal US); and
a processor ([0045], FIG. 1-3, i.e. indicator detection unit 43), which, in operation:
determines a communication protocol ([0045], FIG. 1-3, i.e. allocates communication resources) based on the first uplink signal, and
encodes a second uplink signal using a spread code ([0092], FIG. 12, i.e. auxiliary uplink signal USsub is transmitted in a state where the frequency of the signal generated by the spreading code) selected based on the communication protocol (i.e. please see above citation(s)).
Regarding Claim 15,
KOIKE TAKESHI et al. teach
the sensor controller according to claim 14, wherein the second uplink signal comprises a command ([0035], FIG. 2, i.e. reference time by the command CC_UP included in the uplink signal US).
Regarding Claim 16,
KOIKE TAKESHI et al. teach
the sensor controller according to claim 15, wherein the command has a variable length ([0093], FIG. 12, i.e. the amount of information indicated by each of the command signals CC0 to CC2 differs depending on how the spreading code is used).
Regarding Claim 17,
KOIKE TAKESHI et al. teach
the sensor controller according to claim 14, wherein the first uplink signal includes a first part ([0035], FIG. 2, i.e. uplink signal US including D_UP) and a second part ([0035], FIG. 2, i.e. reference time by the command CC_UP included in the uplink signal US).
Regarding Claim 20,
KOIKE TAKESHI et al. teach
a system ([0014], FIG. 1-3, i.e. position input system 1), comprising:
a sensor controller ([0036], FIG. 1-3, i.e. sensor controller 31), which, in operation:
transmits a first uplink signal ([0045], FIG. 1-3, i.e. transmit the uplink signal US),
determines a communication protocol ([0045], FIG. 1-3, i.e. allocates communication resources) based on the first uplink signal (i.e. please see above citation(s)), and
encodes a second uplink signal using a spread code ([0092], FIG. 12, i.e. auxiliary uplink signal USsub is transmitted in a state where the frequency of the signal generated by the spreading code) selected based on the communication protocol (i.e. please see above citation(s)); and
a stylus ([0028], FIG. 2, i.e. stylus 2), which, in operation:
receives the first uplink signal ([0031], FIG. 2, i.e. receiving unit 24 is configured to detect … the uplink signal US),
determines the communication protocol based on the first uplink signal ([0030], FIG. 2, i.e. frequency used for communication between the sensor controller 31 and the stylus 2 based on the frequency setting signal F_sel supplied from the communication control unit 28), and
decodes the second uplink signal using the spread code ([0031], FIG. 2, i.e. spread code is performed as a method of modulating the uplink signal US; [0035], FIG. 2, i.e. the time immediately after detecting the uplink signal US including D_UP) selected based on the communication protocol (i.e. please see above citation(s)).
Claim Rejections - 35 USC § 103
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 of this title, 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.
4. Claim(s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over KOIKE TAKESHI et al. (WO 2016163315) in view of Zhang et al. (US Patent/PGPub. No. 8891592).
Regarding Claim 9,
KOIKE TAKESHI et al. teach
the stylus according to claim 7.
However, KOIKE TAKESHI et al. do not explicitly teach
wherein the first part comprises information designating the spread code.
In the same field of endeavor, Zhang et al. teach
wherein the first part (Col. 5, Ln. 18-26, FIG. 3-4, i.e. preamble) comprises information designating the spread code (Col. 5, Ln. 18-26, FIG. 3-4, i.e. different spreading sequences).
It would have been obvious to a person having ordinary skill in the art at the time the invention’s effective date was filed to combine KOIKE TAKESHI et al. teaching of system comprising touch panel and stylus communicate utilizing spread code with Zhang et al. teaching of communication system comprising preamble signaling different spread code sequences to effectively communicate via variety of PHY packets utilizing different spread codes in preamble (Zhang et al.’s Col 5, Ln. 18-26).
Regarding Claim 19,
KOIKE TAKESHI et al. teach
the sensor controller according to claim 17.
However, KOIKE TAKESHI et al. do not explicitly teach
wherein the first part comprises information designating the spread code or information representing a length of the second part.
In the same field of endeavor, Zhang et al. teach
wherein the first part (Col. 5, Ln. 18-26, FIG. 3-4, i.e. preamble) comprises information designating the spread code (Col. 5, Ln. 18-26, FIG. 3-4, i.e. different spreading sequences) or information representing a length of the second part.
It would have been obvious to a person having ordinary skill in the art at the time the invention’s effective date was filed to combine KOIKE TAKESHI et al. teaching of system comprising touch panel and stylus communicate utilizing spread code with Zhang et al. teaching of communication system comprising preamble signaling different spread code sequences to effectively communicate via variety of PHY packets utilizing different spread codes in preamble (Zhang et al.’s Col 5, Ln. 18-26).
Allowable Subject Matter
5. Claim(s) 10-11 and 18 is/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.
6. The following is an examiner’s statement of reasons for allowance:
KOIKE TAKESHI et al. (WO 2016163315) teach to notify a stylus of desirable signal transmission timing that is appropriate for the operating state of a display panel. [Solution] The present invention provides a method using both a sensor controller that is connected to a sensor comprising an electrode group and disposed together with a display panel configured so as to operate in a variable cycle, and an active stylus that performs bi-directional communication with the sensor controller, said method including : step S1 wherein the sensor controller acquires the current operating cycle of the display panel; and step S2 wherein the sensor controller generates an uplink signal US as a reference of synchronization corresponding to the acquired current operating cycle and transmits the uplink signal to the active stylus which has yet to be detected or has already been detected.
Zhang et al. (US Patent/PGPub. No. 8891592) teach a wireless communication system where communication devices exchange information utilizing physical layer (PHY) data units that conform to a first format, where the first format includes a short training field (STF) that includes exactly N repetitions of a spreading sequence, a method for generating a PHY data unit that conforms to a second format, where the second format has a longer STF than the first format, includes generating an STF of the PHY data unit that includes M instances of the spreading sequence, where M is greater than N, and generating a channel estimation field (CEF).
The subject matter of the claim(s) that could neither be found/suggested nor obviously combinable in the prior arts of record. The subject matter was a device/method including
“…wherein the first part comprises information representing a length of the second part.” (Claim 10),
“…wherein the first part differs according to the communication protocol.” (Claim 18),
in combination with the other elements (or steps) of the device or apparatus and method recited in the claims.
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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINH TANG LAM whose telephone number is (571) 270-3704. The examiner can normally be reached Monday to Friday 8:00 AM to 5:00 PM.
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/VINH T LAM/Primary Examiner, Art Unit 2628
Prosecution Insights