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 .
Response to Arguments
Applicant’s arguments, see p. 9-12, filed July 24, 2026, with respect to Claims 15-17, 19, and 20 have been fully considered and are persuasive. The 35 U.S.C. 103 rejections of Claims 15-17, 19, and 20 have been withdrawn.
Applicant’s arguments with respect to claim(s) 10 and 12 have been considered but are moot because new grounds of rejection are made in view of Ullrich (US 20180182436A1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon (US 20110133910A1), Tyler (US 20050240253A1), and Ullrich (US 20180182436A1).
As per Claim 10, Alarcon teaches a method of creating a combined haptics and image file for interactive content creation and playback (encoding items of haptic data in a media file, [0020], media data, such as video, [0052]), the method comprising: (a) detecting haptics signals associated with manipulation of an input device (225) by a user via a sensor, the input device comprising a sex toy, the haptics signals being generated at least in part in response to pressure-dependent data (sensation input device 800 can include one or more tactile sensors 845 (surface pressure sensors) adapted to measure the location and magnitude of pressure applied to the outer casing, [0088], [0059-0060]), and the haptics signals representing physical interaction characteristics of the manipulation of the input device by the user including at least one of force magnitude, movement pattern, or temporal dynamics (generating signals representing haptic data based on signals received from the sensation input device 225, sensor data received from the sensation input device 225 can be automatically converted into items of haptic data, encode haptic data signals into a media file based on sensor signals received from a sensation input device 225, [0059], sensation input device 225 can include sensors configured to generate sensor signals representative of physical manipulation, including touch, gripping, movement, orientation, and stroking, sensation input device 225 can be adapted to be inserted into and extracted from a human user, e.g. orally, vaginally, and anally, sensor signals can be generated during the insertion/extraction, [0060]); (b) recording images of the user associated with the manipulation of the input device by the user (video data can be captured while an operator manipulates a sensation input device, [0107]) via a camera, contemporaneously with the detecting of the haptics signals in step (a) (video signals also can be captured by the source computing system along with the sensor signals received from the sensation input device 225, cameras can be coupled to the source computing system, sensor signals can be associated with the contemporaneously received video signals, such that all of the associated signals can be presented simultaneously during playback, [0060]; generating signals representing haptic data based on signals received from the sensation input device 225, sensor data received from the sensation input device 225 can be automatically converted into items of haptic data, encode haptic data signals into a media file based on sensor signals received from a sensation input device 225, [0059]); (c) combining the haptics signals generated from the pressure-dependent data and the images into a single combined haptics and image file via a processor (encoding items of haptic data in a media file, the haptic data can be retrieved and processed by a media player during playback of the media file to cause the output of forces associated with haptic sensations, [0020], items of media content can be presented and encoded with haptic data, recorded video content can be presented in the media window, playback controls can be used to control the presentation of the media content in media window, [0092], media window also can be configured to display real-time media corresponding to a live capture event, such as a video chat session, items of haptic data can be associated with the live capture event, [0093]); and (d) transmitting the combined haptics and image file via a network to a remote receiver, the remove receiver being connected to an output device (transmit haptic data over a communications network in conjunction with media data, [0011], transmitting haptic data to a sensation output device, host computing system that includes an associated sensation output device can contact a server to request access to content, content can be provided by the server, source computing systems, content can be transmitted to the host computing system, the content can be media, e.g. video, that has associated haptic data, including haptic force commands that can be executed by a sensation output device, the content can be interactive, the content can be generated in a chat model, including bi-directional communication between the host computing system and a source computing system, [0103], once the host computing system accesses the source, signals associated with the requested content can be transmitted to the host computing system, the content can include haptic data and video data, haptic data associated with the source content can be generated based on data captured by a sensation input device, video data can be captured while an operator manipulates a sensation input device, haptic data can be associated with live-captured video, [0107], the signals received by the host computing system can be output to a user through a display and the sensation output device, [0108]).
However, Alarcon does not expressly teach that the pressure-dependent data is associated with a pressure transducer. However, Tyler teaches the sex toy comprising a pressure transducer, the haptics signals being generated at least in part in response to pressure-dependent data associated with the pressure transducer (utilizes the tongue as an alternate haptic channel by which both catheter orientation and object contact information can be relayed to the user, in this approach, pressure transducers located on the distal end of the catheter relay sensor-driven information to the tongue via electrotactile stimulation, based on the perceived stimulator orientation and corresponding tongue stimulation pattern, the physician remotely feels the environment in immediate contact with the catheter tip, this alternate haptic channel provides sensation that could be perceived as if the surgeon was actually probing with his/her fingertip, [0346], in some embodiments, the invention provides a body suit that contains stimulators on multiple body parts, subsets of the stimulators are triggered in response to information obtained from a movie, interactive Internet site, etc., in Internet sex applications a subject receives information from an individual located elsewhere that activates stimulator groups to simulate intercourse, visual information may also be conveyed, [0210]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Alarcon so that the pressure-dependent data is associated with a pressure transducer as suggested by Tyler. It is well-known in the art to use a pressure transducer to measure pressure.
However, Alarcon and Tyler do not teach that the combining comprising embedding, in each image frame of the images, haptics data, such that the combined haptics and image file comprises image data augmented with the haptics data. However, Ullrich teaches that the combining comprising embedding, in each image frame of the images, haptics data generated from the pressure-dependent data, such that the combined haptics and image file comprises image data augmented with the haptics data (each haptic layer has haptic pixels each of which is associated with at least one pixel in a corresponding video frame, each haptic pixel in a particular haptic layer can encode haptic effects associated with one or more pixels in video frame corresponding to that haptic layer, as such, because the haptic pixels in a haptic layer may have different information, the haptic effects can be localized as desired in video frame corresponding to the haptic layer, [0033], input device 302 is configured to detect events associated with the haptic enabled apparatus 104, [0095], transducers that can be used as an input device 302 include sensors, [0096], pressure sensors, [0098]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Alarcon and Tyler so that the combining comprising embedding, in each image frame of the images, haptics data, such that the combined haptics and image file comprises image data augmented with the haptics data because Ullrich suggests that it is well-known in the art that it is desirable to provide different haptic effects to different objects to which the user’s view is directed in the scene [0002].
As per Claim 12, Alarcon teaches further comprising simultaneously driving the output device based on the haptics signals from the combined haptics and image file and displaying a video based on the images from the combined haptics and image file (coordinate the generation of forces and presentation of sensations to correspond with events occurring in a media presentation, generate sensations that can cause a user to perceive that a depicted event is occurring to them, use timing information to synchronize the generation of haptic forces with a media event, timing information can be express timing information, such as a time stamp, or inherent timing information, such as the alignment of haptic data with a corresponding media event in a media file, [0010], [0020], haptic data can be associated with a live media event, such as a streaming broadcast, [0021]).
Allowable Subject Matter
Claims 19-20 are allowed.
Claims 15-17 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art taken singly or in combination do not teach or suggest the combination of all the limitations of Claim 15 and base Claim 10 and intervening Claim 12, and in particular, do not teach wherein the sex toy includes bellows arranged inside the base block, and a conduit connecting the base block to a pressure chamber including the pressure transducer. Claims 16-17 depend from Claim 15, and therefore also contain allowable subject matter.
The prior art taken singly or in combination do not teach or suggest the combination of all the limitations of Claim 19, and in particular, do not teach the integrated sensor comprising bellows arranged inside the mounting block, a pressure chamber, a conduit extending between the bellows and the pressure chamber, and a pressure transducer arranged within the pressure chamber, the bellows being sealed to outside air except for an opening communicating with the conduit. Claim 20 depends from Claim 19, and therefore also contains allowable subject matter.
The closest prior art (Alarcon (US 20110133910A1)) teaches a video augmentation system (haptic data can be used to augment corresponding video data, [0066]) comprising: a sex toy including an integrated sensor adapted to provide haptics signals in response to movement associated with the sensor due to user manipulation of the sex toy [0059, 0060]; wherein the haptics signals are generated at least in part in response to pressure-dependent data [0088], [0059-0060]; a camera configured to record images associated with the user manipulation of the sex toy [0060, 0107]; and a processor configured to combine the haptics signals and the images into a combined haptics and image file [0020, 0092, 0093]. However, Alarcon does not teach the integrated sensor comprising bellows arranged inside the mounting block, a pressure chamber, a conduit extending between the bellows and the pressure chamber, and a pressure transducer arranged within the pressure chamber, the bellows being sealed to outside air except for an opening communicating with the conduit.
Another prior art (Johnstone (US007524283B1)) teaches on the upper end of the appliance mounting tube inner is a pivot tab tube inner which mates to the pivot tab mounting block. Mounting block 174. The mounting block is a “V” block configuration method and shaped as such for the purpose of centering a generally round appliance within a range of diameters. Clamp an appliance in the mounting block (col. 6, lines 19-33). Detachable appliance holder mounted on the fixed base which allows the user to self stimulate using a dildo (col. 4, lines 29-32). However, Johnstone does not teach wherein the sex toy includes bellows arranged inside the base block, and a conduit connecting the base block to a pressure chamber including the pressure transducer.
Another prior art (Tyler (US 20050240253A1)) teaches wherein the haptics signals are generated at least in part in response to pressure-dependent data associated with a pressure transducer positioned as part of the sex toy [0346, 0210]. However, Tyler does not teach the integrated sensor comprising bellows arranged inside the mounting block, a pressure chamber, a conduit extending between the bellows and the pressure chamber, and a pressure transducer arranged within the pressure chamber, the bellows being sealed to outside air except for an opening communicating with the conduit.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Johnstone (US007524283B1) teaches a detachable appliance holder mounted on the fixed base which allows the user to self stimulate using a dildo (col. 4, lines 29-32).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONI HSU whose telephone number is (571)272-7785. The examiner can normally be reached M-F 10am-6:30pm.
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JH
/JONI HSU/Primary Examiner, Art Unit 2611
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