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 .
DETAILED ACTION
In the response to this office action, the Examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Examiner in prosecuting this application.
INFORMATION DISCLOSURE STATEMENT
The information disclosure statements filed 11/19/2025, have been acknowledged and considered by the examiner. Initialed copies of the PTO-1449 forms are included in this correspondence.
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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Claims 19-34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,056,316. Although the claims at issue are not identical, they are not patentably distinct from each other because it is clear that all the elements of the application claims 19-34 are to be found in patent claims 1-16 (as the application claims 19-34 fully encompasses patent claims 1-16. The difference between the application claims 19-34 and the patent claims 1-16 lies in the fact that the patent claim includes many more elements and is thus much more specific. Thus the invention of claims 1-16 of the patent is in effect a “species” of the “generic” invention of the application claims 19-34. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claims 19-34 is anticipated by claims 1-16 of the patent, it is not patentably distinct from claims 1-16 of the patent (see comparison chart below).
Instant Application
U.S. Patent No. 12,056,316 B2
19. A touch sensing apparatus for detecting touch pressure, comprising: a panel that defines a touch surface, the panel having a perimeter, a plurality of emitters arranged along the perimeter, wherein the emitters emit light above the touch surface, a plurality of detectors arranged along the perimeter, whereby the detectors are arranged to receive at least part of said light as detection light to determine a position of a touch object touching the touch surface based on an attenuation of the light emitted above the touch surface by the touch object, wherein the touch sensing apparatus is configured to: determine a difference in the received detection light between deflection of the panel from a first position to a second position along a normal of the touch surface when the touch object deflects the panel and changes its curvature, and determine a pressure of the touch object against the touch surface based on said difference.
20. The touch sensing apparatus according to claim 19, wherein the touch sensing apparatus is configured to determine the pressure continuously based on detected differences in the received detection light upon deflection of the panel.
21. The touch sensing apparatus according to claim 19, wherein the touch sensing apparatus is configured to determine the pressure based on a difference between received detection light upon deflection of the panel and a reference background signal of detection light.
22. The touch sensing apparatus according to claim 19, wherein the pressure is determined as being proportional to said difference.
23. The touch sensing apparatus according to claim 19, wherein the pressure, for a given difference in the received detection light between a first emitter and a first detector, is determined as inversely proportional to a length (Δed) between the first emitter and the first detector.
24. The touch sensing apparatus according to claim 23, wherein the pressure, for a given difference in the received detection light between a first emitter and a first detector, is determined as inversely proportional to a length (Δl) between a position (x,y) of the touch object on the touch surface and the first emitter, or the first detector.
25. The touch sensing apparatus according to claim 24, wherein the pressure is determined as proportional to the difference divided by Δed*Δl.
26. The touch sensing apparatus according to claim 25, wherein the length Δl is a minimum of: a distance between the position of the touch object on the touch surface and the first emitter, and the distance between said position and the first detector.
27. The touch sensing apparatus according to claim 19, wherein the touch sensing apparatus is configured to define a region of interest around a position of the touch object on the touch surface, determine said difference for light passing through the region of interest, between respective pairs of emitters and detectors, determine an averaged pressure based on the determined differences for the pairs of emitters and detectors.
28. The touch sensing apparatus according to claim 19, wherein the touch sensing apparatus is configured to determine a first estimate of a pressure at a touch position (x,y) on the touch surface, calculate a detection light signal difference based on the first estimate, solve the pressure by iteratively minimizing a differential between a measured value of the difference in the received detection light and the calculated detection light signal difference.
29. The touch sensing apparatus according to claim 28, wherein the touch sensing apparatus is configured to determine a deflection of the panel along the normal resulting from the first estimate of the pressure at the touch position, calculate the detection light signal difference resulting from the deflection.
30. The touch sensing apparatus according to claim 28, wherein the touch sensing apparatus is configured to determine the detection light signal difference based on a plurality of reference detection light signal differences resulting from a respective plurality of reference pressures on the touch surface.
31. The touch sensing apparatus according to claim 19, wherein the touch sensing apparatus is configured to output a control signal to display a visual output depending on the pressure, and/or control the touch sensing apparatus based on the pressure.
32. The touch sensing apparatus according to claim 19, wherein the touch sensing apparatus is configured to determine an amount of deflection of the panel along a normal direction based on the pressure.
33. The touch sensing apparatus according to claim 19, wherein the touch sensing apparatus is configured to determine a vibration amplitude and/or a vibration frequency of the panel based on a determined variation of the pressure over time.
34. The touch sensing apparatus according to claim 19, wherein the emitters are arranged to emit light above the touch surface, and wherein the deflection of the panel determines an amount and/or direction of reflection of the light on the touch surface and the difference in the received detection light.
A touch sensing apparatus for detecting touch pressure, comprising: a panel that defines a touch surface, the panel having a perimeter, a plurality of emitters arranged along the perimeter, wherein the emitters emit light across the panel to be reflected against the touch surface, a plurality of detectors arranged along the perimeter, whereby the detectors are arranged to receive at least part of said light as detection light, wherein the touch sensing apparatus is configured to: determine a difference in the received detection light between deflection of the panel from a first position (p.sub.1) to a second position (p.sub.2) along a normal of the touch surface when a touch object deflects the panel and changes its curvature, and determine a pressure of the touch object against the touch surface based on said difference.
2. Touch sensing apparatus according to claim 1, wherein the touch sensing apparatus is configured to determine the pressure continuously based on detected differences in the received detection light upon deflection of the panel.
3. Touch sensing apparatus according to claim 1, wherein the touch sensing apparatus is configured to determine the pressure based on a difference between received detection light upon deflection of the panel and a reference background signal of detection light.
4. Touch sensing apparatus according to claim 1, wherein the pressure is determined as being proportional to said difference.
5. Touch sensing apparatus according to claim 1, wherein the pressure, for a given difference in the received detection light between a first emitter and a first detector, is determined as inversely proportional to a length (Δed) between the first emitter and the first detector.
6. Touch sensing apparatus according to claim 5, wherein the pressure, for a given difference in the received detection light between a first emitter and a first detector, is determined as inversely proportional to a length (Δl) between a position (x,y) of the touch object on the touch surface and the first emitter, or the first detector.
7. Touch sensing apparatus according to claim 6, wherein the pressure is determined as proportional to the difference divided by Δed*Δl.
8. Touch sensing apparatus according to claim 7, wherein the length Δl is a minimum of: a distance between the position of the touch object on the touch surface and the first emitter, and the distance between said position and the first detector.
9. Touch sensing apparatus according to claim 1, wherein the touch sensing apparatus is configured to define a region of interest around a position of the touch object on the touch surface, determine said difference for light passing through the region of interest, between respective pairs of emitters and detectors, determine an averaged pressure based on the determined differences for the pairs of emitters and detectors.
10. Touch sensing apparatus according to claim 1, wherein the touch sensing apparatus is configured to determine a first estimate of a pressure at a touch position (x,y) on the touch surface, calculate a detection light signal difference based on the first estimate, solve the pressure by iteratively minimizing a differential between a measured value of the difference in the received detection light and the calculated detection light signal difference.
11. Touch sensing apparatus according to claim 10, wherein the touch sensing apparatus is configured to determine a deflection of the panel along the normal resulting from the first estimate of the pressure at the touch position, calculate the detection light signal difference resulting from the deflection.
12. Touch sensing apparatus according to claim 10, wherein the touch sensing apparatus is configured to determine the detection light signal difference based on a plurality of reference detection light signal differences resulting from a respective plurality of reference pressures on the touch surface.
13. Touch sensing apparatus according to claim 1, wherein the touch sensing apparatus is configured to output a control signal to display a visual output depending on the pressure, and/or control the touch sensing apparatus based on the pressure.
14. Touch sensing apparatus according to claim 1, wherein the touch sensing apparatus is configured to determine an amount of deflection of the panel along a normal direction based on the pressure.
15. Touch sensing apparatus according to claim 1, wherein the touch sensing apparatus is configured to determine a vibration amplitude and/or a vibration frequency of the panel based on a determined variation of the pressure over time.
16. Touch sensing apparatus according to claim 1, wherein the emitters are arranged to emit light above the touch surface, and wherein the deflection of the panel determines an amount and/or direction of reflection of the light on the touch surface and the difference in the received detection light.
CONCLUSION
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Eriksson et al. US 20130187891 discloses an optical touch sensing apparatus.
Liu US 20170185186 discloses pressure sensing in touch device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIM A KHAN whose telephone number is (571)270-7998. The examiner can normally be reached on 10am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nitin Patel can be reached on 571-272-7677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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IBRAHIM A. KHAN
Primary Examiner
Art Unit 2628
/IBRAHIM A KHAN/ 07/10/2026Primary Examiner, Art Unit 2628
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