DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 29 January 2026 has been entered. Claims 12-17, 20-27, 29 and 30 are now pending. The Examiner acknowledges the amendments to claims 12, 15-17, 20, 21, 24-27, 29 and 30 as well as the cancellation of claims 18, 19 and 28.
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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 20, 29 and 30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 20 at line 3 recites the limitation "the one or more general speeds". There is insufficient antecedent basis for this limitation in the claim.
Claim 29 at line 3 recites the limitation "the one or more general speeds". There is insufficient antecedent basis for this limitation in the claim.
Claim 30 at line 12 recites the limitation "the sensed acceleration". There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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.
Claims 12-16, 21-25, 27 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hill (U.S. Patent No. 8,552,847). Regarding claim 12, Hill discloses a system (Fig. 1-3 and col. 3, lines 24-48), comprising: a memory storing executable instructions; and
a processor operatively coupled with the memory (Figs. 2-3; col. 4, lines 56-65 – col. 5, lines 1-14; col. 6, lines 38-66; col. 8, lines 36-63), the processor being configured to execute the executable instructions to cause the system to:
provide real-time communication (col. 6, lines 37-66) between a user device 110 including at least one sensor 308 that is built into the user device 110 (Fig. 3) and an accessory (tactile apparatus/vest - col. 6, lines 64-67 – col. 7, lines 1-3; col. 8, lines 36-67 – col. 9, lines 1-29; col. 32, lines 11-18 also describes that the GPS, gyro and/or accelerometer can be built into the tactile apparatus), the accessory including a motor or a heater (col. 7, lines 46-59);
define a plurality of preset sensitivity ranges (preset thresholds or cue trigger conditions), wherein the thresholds are: driver should be increasing (or decreasing) acceleration, for instance (col. 12, lines 45-57; col. 13, lines 28-35; col. 10, lines 17-19 and 34-47; and col. 32, lines 44-49);
sense a velocity or an acceleration of the user device using at the at least one sensor of the user device (col. 10, lines 17-19; col. 13, lines 28-31 and col. 32, lines 11-37);
determine a new velocity or a new acceleration based on the plurality of preset sensitivity ranges and the sensed velocity or the sensed acceleration (controller 110 determines that the acceleration of the driver should be increased (or decreased) based on sensed information – col. 13, lines 28-31); and
control the motor or the heater to drive the predetermined action of the accessory based on the new velocity or the new acceleration (the controller then determines to increase (or decrease) the intensity of the tactile cue signal – col. 13, lines 35-41, the tactile cue signal of which is an increase or decrease in intensity of the motor – col. 7, lines 35-63; also see col. 32, lines 38-49 – “tactile message can be a gradient cue with varying intensity that decreases in level or intensity or ceases altogether when the speed is between a minimum and maximum threshold needed for a particular maneuver. The tactile message can also increase in level and/or intensity to a certain point at which the driver knows that the speed is optimum to perform a particular maneuver. The tactile message can be activation of a particular activator 116 at which point alerting the driver that optimum speed is being achieved”).
Regarding claim 13, the accessory is an adult toy (vibrating vest 114 is considered to be an “adult toy”) and the predetermined action is at least one selected from the group of performing a suction operation, vibrating the accessory, rotating the accessory, swinging the accessory, emitting heat from the accessory, contracting the accessory, expanding the accessory, and combinations thereof (col. 7, lines 35-63).
Regarding claim 14, the system processor is configured to further execute the instructions to cause the system to: intensify a level of operation of the motor or the heater as the sensed velocity or the sensed acceleration increases; and decrease a level of operation of the motor or the heater as the sensed velocity or the sensed acceleration decreases (col. 13, lines 28-41; and col. 32, lines 11-49).
Regarding claim 15, the user device 110 is at least one selected from the group of a mobile phone, a mobile pad, a wearable device, and combinations thereof (device/controller 110 is a portable, computing device that can attach to--or integrate with--the vest 114 – col. 8, lines 36-50).
Regarding claim 16, the user device 110 is connected to the accessory/vest via short distance wireless communication (wireless network enabled through wireless transceiver 112 as shown in Fig. 3; also see col. 23, lines 25-31), and an application (program code) is installed on the user device, the application configured to transfer commands from the user device to the accessory for controlling the motor or heater (Fig. 3 and col. 8, lines 40-47).
Regarding claim 21, Hill discloses a method, comprising:
providing real-time communication (col. 6, lines 37-66) between a user device 110 including at least one sensor 308 that is built into the user device 110 (Fig. 3) and an accessory (tactile apparatus/vest - col. 6, lines 64-67 – col. 7, lines 1-3; col. 8, lines 36-67 – col. 9, lines 1-29; col. 32, lines 11-18 also describes that the GPS, gyro and/or accelerometer can be built into the tactile apparatus), the accessory including a motor or a heater (col. 7, lines 46-59);
defining a plurality of preset sensitivity ranges (preset thresholds or cue trigger conditions), wherein the thresholds are: driver should be increasing (or decreasing) acceleration, for instance (col. 12, lines 45-57; col. 13, lines 28-35; col. 10, lines 17-19 and 34-47; and col. 32, lines 44-49);
sensing a velocity or an acceleration of the user device using at the at least one sensor of the user device (col. 10, lines 17-19; col. 13, lines 28-31 and col. 32, lines 11-37); and
controlling the motor or the heater to drive the predetermined action of the accessory based on the plurality of preset sensitivity ranges and the sensed velocity or the sensed acceleration (col. 10, lines 20-47 and col. 32, lines 11-49).
Regarding claim 22, the accessory is an adult toy (vibrating vest 114 is considered to be an “adult toy”) and the predetermined action is at least one selected from the group of performing a suction operation, vibrating the accessory, rotating the accessory, swinging the accessory, emitting heat from the accessory, contracting the accessory, expanding the accessory, and combinations thereof (col. 7, lines 35-63).
Regarding claim 23, the method further comprises: intensifying a level of operation of the motor or the heater as the sensed velocity or the sensed acceleration increases; and decreasing a level of operation of the motor or the heater as the sensed velocity or the sensed acceleration decreases (col. 13, lines 28-41; and col. 32, lines 11-49).
Regarding claim 24, the user device 110 is at least one selected from the group of a mobile phone, a mobile pad, a wearable device, and combinations thereof (device/controller 110 is a portable, computing device that can attach to--or integrate with--the vest 114 – col. 8, lines 36-50).
Regarding claim 25, the user device 110 is connected to the accessory/vest via short distance wireless communication (wireless network enabled through wireless transceiver 112 as shown in Fig. 3; also see col. 23, lines 25-31), and an application (program code) is installed on the device, the application configured to transfer commands from the device to the accessory for controlling the motor or heater (Fig. 3 and col. 8, lines 40-47).
Regarding claim 27, controlling the motor or the heater to drive the predetermined action of the accessory based on the plurality of preset sensitivity ranges and the sensed velocity or the sensed acceleration comprises:
determining a preset sensitivity range from the plurality of preset sensitivity ranges (driver should be increasing (or decreasing) acceleration, for instance - col. 12, lines 45-57; col. 13, lines 28-35; col. 10, lines 17-19 and 34-47; and col. 32, lines 44-49);
determining a parameter related to the control of the accessory based on the
preset sensitivity range and the parameter (tactile message can be a gradient cue with varying intensity that decreases in level or intensity or ceases altogether when the speed, for example, is below a minimum or maximum threshold - col. 32, lines 21-49); and
controlling the motor or the heater to drive the predetermined action of the accessory based on the new parameter (tactile message can be activation of a particular activator (motor) – col. 32, lines 47-49).
Regarding claim 30, Hill discloses a non-transitory computer-readable storage medium, comprising: machine-readable instructions, the machine-readable instructions, when executed by a processor of a controller (Figs. 2-3; col. 4, lines 56-65 – col. 5, lines 1-14; col. 6, lines 38-66; col. 8, lines 36-63), enable the controller to:
provide real-time communication (col. 6, lines 37-66) between a user device 110 including at least one sensor 308 that is built into the user device 110 (Fig. 3) and an accessory (tactile apparatus/vest - col. 6, lines 64-67 – col. 7, lines 1-3; col. 8, lines 36-67 – col. 9, lines 1-29; col. 32, lines 11-18 also describes that the GPS, gyro and/or accelerometer can be built into the tactile apparatus), the accessory including a motor or a heater (col. 7, lines 46-59);
define a plurality of preset sensitivity ranges (preset thresholds or cue trigger conditions), wherein the thresholds are: driver should be increasing (or decreasing) acceleration, for instance (col. 12, lines 45-57; col. 13, lines 28-35; col. 10, lines 17-19 and 34-47; and col. 32, lines 44-49);
sense a velocity of the user device (via gyro system) using at the at least one sensor of the user device (col., 23, lines 44-52 and col. 32, lines 11-37); and
control the motor or the heater to drive the predetermined action of the accessory based on the plurality of preset sensitivity ranges and the sensed velocity or the sensed acceleration (col. 10, lines 20-47; col. 13, lines 28-41 and col. 32, lines 11-49).
Double Patenting
Claims 12 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10 and 11 of copending Application No. 18/795267 (reference application to Liu) in view of Choudhury et al. (U.S. Pub. No. 2020/0078260). Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant application and the reference application disclose a system, comprising: memory storing executable instructions; and a processor operatively coupled with the memory, the processor being configured to execute the executable instructions to cause the system to: provide real-time communication between a user device including at least one sensor that is built into the device and an accessory; define a plurality of preset sensitivity ranges; sense a velocity or an acceleration of the device using the at least one sensor; determine if the sensed velocity or the sensed acceleration falls within at least one range of the plurality of predetermined ranges; determine a new velocity or a new acceleration based on the plurality of preset ranges and the sensed velocity or acceleration; and control the accessory to drive a predetermined action of the accessory based on the new velocity or acceleration.
While Liu does not disclose explicitly that the accessory being controlled to perform the predetermined action is a motor or a heater, Choudhury al. (hereinafter Choudhury) teaches a system for remote use between a user and an accessory/adult toy (see Abstract), wherein the adult toy comprises a motor that vibrates to provide the predetermined action of vibration to the adult toy/accessory ([0079], [0082]-[0083], [0085]-[0086]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct an accessory/sex toy providing a predetermined action to a user as taught by Liu, of a vibratory motor as suggested by Choudhury, as Liu recognizes the provision of a predetermined action via an accessory to a user, and Choudhury teaches that such a predetermined action of an accessory/sex toy may be facilitated via a vibratory motor ([0078] and [0083]).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 17 and 26 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.
Regarding claim 17, while the prior art teaches a system comprising: a memory storing executable instructions; and
a processor operatively coupled with the memory, the processor being configured to execute the executable instructions to cause the system to:
provide real-time communication between a user device including at least one sensor that is built into the user device and an accessory including a motor or a heater;
define a plurality of preset sensitivity ranges;
sense a velocity or an acceleration of the user device using at the at least one sensor of the user device;
determine a new velocity or a new acceleration based on the plurality of preset sensitivity ranges and the sensed velocity or the sensed acceleration; and
control the motor or the heater to drive the predetermined action of the accessory based on the new velocity or the new acceleration, the prior art of record does not teach or fairly suggest a system as claimed by Applicant,
wherein the processor is configured to further execute the executable instructions to cause the system to: define one or more ranges of rewards ;receive a reward data from an external device, the reward data including a reward amount; determine whether the reward data falls into one or more predetermined reward amount ranges; and control the motor or the heater to drive the predetermined action of the accessory based on the one or more predetermined reward amount ranges.
Regarding claim 26, while the prior art teaches a method comprising:
providing real-time communication between a user device including at least one sensor that is built into the user device and an accessory including a motor or a heater;
defining a plurality of preset sensitivity ranges;
sensing a velocity or an acceleration of the user device using at the at least one sensor; and
controlling the motor or the heater to drive the predetermined action of the accessory based on the plurality of preset sensitivity ranges and the sensed velocity or the sensed acceleration, the prior art of record does not teach or fairly suggest a method as claimed by Applicant, further comprising: defining one or more ranges of rewards; receiving a reward data from an external device, the reward data including a reward amount; determining whether the reward data falls into one or more predetermined reward amount ranges; and controlling the motor or the heater to drive the predetermined action of the accessory based on the one or more predetermined reward amount ranges.
Claim 29 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments filed 29 January 2026 with respect to the rejection of claims 12-30 under 35 U.S.C. 112(b) have been fully considered and are persuasive, however new grounds of rejection are presented above to claims 20, 29 and 30 in light of the amendments.
Applicant’s arguments filed 29 January 2026 with respect to the rejection of claims 12-16, 19, 21-25, 28 and 30 under 35 U.S.C. 102(a)(1) citing Hill have been considered and are not persuasive. Applicant contends that the independent claims have been amended to incorporate features of claim 18, which was noted as including allowable subject matter. However, it is noted that such independent claims also have subject matter which has been deleted, and the allowable subject matter was indicated dependent upon such deleted subject matter. Applicant further contends that Hill does not teach or suggest at least a processor configured to execute instructions to cause a system to: “define a plurality of preset sensitivity ranges; sense a velocity or an acceleration of the user device using the at least one sensor of the user device; determine a new velocity or a new acceleration based on the plurality of preset sensitivity ranges and the sensed velocity or the sensed acceleration; and control the motor or the heater to drive the predetermined action of the accessory based on the new velocity or the new acceleration". However, this argument is not persuasive. As indicated in the rejection above, Hill teaches a plurality of preset sensitivity ranges, construed as preset thresholds or cue trigger conditions, wherein the thresholds are: driver should be increasing (or decreasing) acceleration, for instance, as suggested at col. 12, lines 45-57; col. 13, lines 28-35; col. 10, lines 17-19 and 34-47; and col. 32, lines 44-49. Hill further teaches sensing a velocity or an acceleration of the user device using at the at least one sensor of the user device (as indicated above); and determining a new velocity or a new acceleration based on the plurality of preset sensitivity ranges and the sensed velocity or the sensed acceleration (which is interpreted as the controller 110 determining that the acceleration of the driver should be increased (or decreased) based on sensed information – col. 13, lines 28-31); and then controlling the motor or the heater to drive the predetermined action of the accessory based on the new velocity or the new acceleration (the controller then determines to increase (or decrease) the intensity of the tactile cue signal – col. 13, lines 35-41).
Applicant’s arguments filed 29 January 2026 with respect to the rejection of claims 12, 19, 20 and 30 on the ground of nonstatutory double patenting have been fully considered and are persuasive, however new grounds of rejection are presented above to claims 12 and 20 in light of the amendments.
Conclusion
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/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791
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