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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,604,520. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present Application.
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,073,032. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present Application.
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,504,836. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present Application.
Claim 1-10 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of copending Application No. 19/091,688 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the reference application anticipate the claims of the present Application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Present Application
19/091,688
U.S. Patent No. 12,504,836
U.S. Patent No. 12,073,032
U.S. Patent No. 11,604,520
1. A position indicating device comprising:
a housing;
a pen tip disposed at a tip of the housing;
a vibration portion disposed in the housing; and
a processor that, in operation, controls the vibration portion to vibrate in response to a control signal received from a computer,
wherein the computer, in operation, controls a virtual pen tip in a virtual reality space, and
wherein the control signal is generated based on a position of the virtual pen tip in the virtual reality space.
1. A position indicating device comprising:
a force generator configured to generate a force; and
a processor configured to control the force generator to (1) generate the force in response to receiving, from a computer controlling a virtual pen in a virtual reality space, a control signal while the virtual pen in the virtual reality space is in a predetermined state and (2) stop generation of the force in response to operation of an operation part provided in the position indicating device by a user of the position indicating device.
1. A position indicating device comprising:
a housing;
a pen tip disposed at a tip of the housing;
a vibration portion disposed in a circumferential direction of the housing; and
a processor configured to control the vibration portion to vibrate in response to a control signal received from a computer,
wherein the computer is configured to control a virtual pen tip in a virtual reality space, and
wherein the control signal is generated based on a position of the virtual pen tip in the virtual reality space.
1. A position indicating device comprising:
a housing;
a pen tip provided at a tip of the housing;
a force generator configured to generate a force; and
a processor configured to control the force generator to (1) generate the force in response to receiving, from a computer controlling a virtual pen tip in a virtual reality space, a control signal while the position indicating device is in a first state corresponding to a position of the virtual pen tip in the virtual reality space being in a predetermined state and (2) stop generation of the force while the position indicating device is in a second state that is unrelated to the position of the virtual pen tip in the virtual reality space.
1. A position indicating device comprising:
a housing in which an electronic pen including a pen tip is mountable;
a force generator configured to generate a force; and
a processor configured to control the force generator to generate the force and provide the force to the pen tip when, with the electronic pen mounted in the housing, a distance between a position of the pen tip of the electronic pen in a virtual reality space and an object in the virtual reality space is equal to or less than a predetermined value.
6. A computer comprising:
a processor; and
a memory storing instructions that, when executed by the processor, cause the computer to:
acquire a position of a pen tip of a position indicating device in a real space,
acquire a position of a virtual pen tip in a virtual reality space based on the position of the pen tip in the real space, and
transmit a control signal that controls a vibration portion of the position indicating device to vibrate, to the position indicating device including the vibration portion and the pen tip,
wherein the computer is configured to control the virtual pen tip in the virtual reality space, and
wherein the control signal is generated based on the position of the virtual pen tip in the virtual reality space.
11. A spatial position indicating system comprising:
a computer including a processor and a memory storing instructions that, when executed by the processor, cause the computer to:
acquire a position of a virtual pen in a virtual reality space,
determine that the virtual pen in the virtual reality space is in a predetermined state, and
transmit a control signal that controls a force generator to generate a force, to a position indicating device in a real space including the force generator, in response to determining that the virtual pen in the virtual reality space is in a predetermined state corresponding, and wherein the control signal causes the position indicating device to generate the force until the position indicating device stops generation of the force in response to operation of an operation part provided in the position indicating device by a user of the position indicating device.
6. A spatial position indicating system comprising:
a computer including a processor and a memory storing instructions that, when executed by the processor, cause the computer to:
acquire a position of a pen tip of a position indicating device in a real space,
acquire a position of a virtual pen tip in a virtual reality space based on the position of the pen tip in the real space, and
transmit a control signal that controls a vibration portion provided disposed in a circumferential direction of a housing of the position indicating device to vibrate, to the position indicating device including the vibration portion and the pen tip,
wherein the computer is configured to control the virtual pen tip in the virtual reality space, and
wherein the control signal is generated based on the position of the virtual pen tip in the virtual reality space.
11. A spatial position indicating system comprising:
a computer including a processor and a memory storing instructions that, when executed by the processor, cause the computer to:
acquire a position of a pen tip of a position indicating device in a real space,
acquire a position of a virtual pen tip in a virtual reality space based on the position of the pen tip in the real space,
determine that the position of the virtual pen tip in the virtual reality space is in a predetermined state, and
transmit a control signal that controls a force generator to generate a force, to the position indicating device including the force generator and the pen tip, in response to determining that the position indicating device is in a first state corresponding to the position of the virtual pen tip in the virtual reality space being in the predetermined state, and
wherein the control signal causes the position indicating device to generate the force until the position indicating device stops generation of the force in response to the position indicating device being in a second state that is unrelated to the position of the virtual pen tip in the virtual reality space.
17. A spatial position indicating system comprising:
a computer including a processor and a memory storing instructions that, when executed by the processor, cause the computer to:
acquire a position of a position indicator of a position indicating device in a real space,
acquire a position of the position indicator in a virtual reality space based on the position of the position indicator in the real space,
determine whether a distance between the position of the position indicator in the virtual reality space and an object in the virtual reality space is equal to or less than a predetermined value, and
transmit a control signal for controlling a force generator to generate a force and provide the force to a pen tip of the position indicating device, to the position indicating device including the force generator and the pen tip according whether the distance between the position of the position indicator in the virtual reality space and the object in the virtual reality space is determined to be equal to or less than the predetermined value.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Pervan whose telephone number is (571)272-0910. The examiner can normally be reached Mon - Fri between 7:00am - 4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lee can be reached on (571) 272-2963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL PERVAN/Primary Examiner, Art Unit 2693 June 10, 2026
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