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 with respect to claim(s) 10, 12, and 15-20 have been considered but are moot because new grounds of rejection are made in view of Tyler (US 20050240253A1).
Claim Objections
Claim 15 is objected to because of the following informalities: Claim 15 depends from Claim 13, however, Claim 13 was canceled. It is assumed that Applicant meant for Claim 15 to depend instead from Claim 12. Appropriate correction is required.
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, 12, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon (US 20110133910A1) in view of Tyler (US 20050240253A1).
As per Claim 10, Alarcon teaches a method of creating a combined haptics and image file (encoding items of haptic data in a media file, [0020], media data, such as video, [0052]), the method comprising: detecting haptics signals associated with manipulation of an input device (225) by a user via a sensor (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, sensor signals can be generated during the insertion/extraction, [0060]); recording images 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 (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]); and combining the haptics signals and the images into a 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]), the input device comprising a sex toy (sensation input device 225 can include sensors configured to generate sensor signals representative of physical manipulation, including stroking, sensation input device 225 can be adapted to be inserted into and extracted from a human user, e.g. orally, vaginally, and anally, [0060]), wherein the haptics signals are 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]).
However, Alarcon does not expressly teach the sex toy comprising a pressure transducer, and that the pressure-dependent data is associated with the pressure transducer. However, Tyler teaches the sex toy comprising a pressure transducer, wherein the haptics signals are 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 trigger 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 sex toy comprising a pressure transducer, and that the pressure-dependent data is associated with the pressure transducer as suggested by Tyler. It is well-known in the art to use a pressure transducer to measure pressure.
As per Claim 12, Alarcon teaches further comprising simultaneously driving an 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]).
As per Claim 18, Alarcon teaches further comprising transmitting the combined haptics and image file via a network to a remote receiver, and the remove receiver is 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]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon (US 20110133910A1) and Tyler (US 20050240253A1) in view of Johnstone (US007524283B1) and Mazzei (see citation below).
Alarcon and Tyler are relied upon for the teachings as discussed above relative to Claim 12.
However, Alarcon and Tyler do not teach wherein the sex toy is mounted on a base block. However, Johnstone teaches wherein the sex toy is mounted on a base block (174) (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).
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 sex toy is mounted on a base block because Johnstone suggests that this allows the user to self stimulate using a dildo (col. 4, lines 29-32).
However, Alarcon, Tyler, and Johnstone do not expressly teach (i) bellows arranged inside the base block, and a conduit connects the base block to a pressure chamber including a pressure transducer, or (ii) a piezoresistive material integrated inside the base block. However, Mazzei teaches the sex toy (sensor is usable in cases where water resistance is required together with high biocompatibility, high-tech sex-toys, p. 98, Conclusion) that has a tactile sensor that has piezoresistive material (tactile sensors are based on a thin polymer film that acts as a piezo-resistive detector, p. 93, 2nd paragraph). Since Johnstone teaches wherein the sex toy is mounted on a base block (174) (col. 6, lines 19-33; col. 4, lines 29-32), this teaching of the piezoresistive material from Mazzei can be implemented into the base block of Johnstone so that a piezoresistive material is integrated inside the base block.
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, Tyler, and Johnstone to include (i) bellows arranged inside the base block, and a conduit connects the base block to a pressure chamber including a pressure transducer, or (ii) a piezoresistive material integrated inside the base block as suggested by Mazzei. It is well-known in the art to use a piezoresistive sensor to measure pressure.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon (US 20110133910A1), Tyler (US 20050240253A1), Johnstone (US007524283B1), and Mazzei (see citation below) in view of Casey (US 20120330192A1).
13. As per Claim 16, Alarcon, Tyler, Johnstone, and Mazzei are relied upon for the teachings as discussed above relative to Claim 15.
However, Alarcon, Tyler, Johnstone, and Mazzei do not teach further comprising acquiring contemporaneous pressure-dependent data from the pressure transducer. However, Casey teaches further comprising acquiring contemporaneous pressure-dependent data from the pressure transducer (contemporaneous dynamic pressure signal curves obtained for a tourniquet supported on a patient’s limb with a biomedical interface pressure transducer, [0024], data flow from the pressure transducer showing the contemporaneous pressure, [0027]).
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, Tyler, Johnstone, and Mazzei to include acquiring contemporaneous pressure-dependent data from the pressure transducer as suggested by Casey. It is well-known in the art to use a pressure transducer to measure pressure.
14. As per Claim 17, Alarcon teaches further comprising acquiring a plurality of frames from a video stream captured by the camera [0060], and further comprising using the acquired plurality of frames and the pressure-dependent data to generate a time differential variable associated with the manipulation of the input device by the user [0088, 0059, 0060, 0010, 0020, 0021].
15. Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon (US 20110133910A1), Johnstone (US007524283B1), and Tyler (US 20050240253A1).
16. As per Claim 19, Alarcon 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 a mounting block configured to attach to the sex toy, the mounting block including the integrated sensor. However, Johnstone teaches a mounting block (174) configured to attach to the sex toy (col. 6, lines 19-33; col. 4, lines 29-32). Since Alarcon teaches the 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], this teaching of the mounting block from Johnstone can be implemented into the device of Alarcon so that the mounting block includes the integrated sensor. This would be obvious for the reasons given in the rejection for Claim 15.
However, Alarcon and Johnstone do not expressly teach that the pressure-dependent data is associated with a pressure transducer positioned as part of either the mounting block or the sex toy. However, Tyler 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]. This would be obvious for the reasons given in the rejection for Claim 10.
17. As per Claim 20, Alarcon teaches further comprising: an output device (210), wherein the output device is configured to move in response to haptics signals from the combined haptics and image file; and a display unit, wherein images are displayed on the display unit and the output device is simultaneously driven based on the combined haptics and image file (host computing system can be configured to execute playback applications for outputting media data, such as video, to a display, the host computing system can output signals representing haptic data, such as haptic (touch sensation) commands, to a sensation output device 210, the haptic data signals can be coordinated with the media data, such that the sensation output device 210 outputs a particular sensation in conjunction with the presentation of a corresponding media event, a single playback application can be configured to output media data and haptic data, [0052], orifice assembly can be included in the sensation output device to provide a dynamically adjustable opening, the size of the opening can be adjusted in response to haptic commands, such as commands to decrease the size of the opening and thereby apply pressure, size of the opening can be expanded or contracted, [0077]).
Prior Art of Record
Mazzei, Daniele; Touch sensor for social robots and interactive objects affective interaction; November 2016; Sensors and Actuators A: Physical; Volume 251; Pages 92-99; https://www.sciencedirect.com/science/article/pii/S0924424716306331
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