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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 7 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 7, the claim calls for, “……..(Currently Amended) The robot of claim 6, wherein the transitional movement and the control signal are not defined in the gestures or movements defined in the character model.”.
Applicant’s specification dates 12/30/21 recites,
“[0010] In some cases, the robot further includes sensors for sensing input from the physical space. The controller processes the input from the physical space to determine the present mood or emotion. In the same or other cases, the controller operates the sets of actuators by sequentially selecting, in real time, differing ones of the sets of gestures or the sets of movements to provide motion synthesis that retains a balance of the robot in the physical space. Then, the controller generates, in real time and without external input, transitional movements and control signals for the set of actuators between each sequential pair of the sets of gestures or the sets of movements.
[0042] The motion blending of control module 170 may be configured to generate reasonable transition actions between the actions (or positions) defined in the scripts so that every possible movement/action of the robot 160 does not have to be predefined. The AI of the control module 170 also acts to keep the robot 160 within the nature of the character even when not animated (not performing a movement), and this may include staying "alive" or in the moment (e.g., by retaining the expected body language based on definitions in file 168). As can be seen from Figure 1, the robot 160 is controlled using a set of actions to perform a gesture or movement in a manner that is defined for a particular character, which provokes emotion and/or belief of life in a human observer of the operating robot actor 160.”
There is not support for the claimed, “…the transitional movement and the control signal are not defined in the gestures or movements defined in the character model.”.
This is new matter.
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.
Claims 1-6, 27 are rejected under 35 U.S.C. 103 as being unpatentable over Yokono (US 2004/0034449) in view of Dalibard (US pub 2017/0080565) and in view of video attachment with link (Meet Pepper – Canada's first talking, dancing, emotionally sensitive robot - YouTube).
Regarding claim 1, Yokono discloses a robot for bringing characters to life (robot brings characters to life by changing of its posture, sec 0070; moving its tail, head, legs, etc, sec 0081, O130, 0138, 00139; performing a sitting character, sec 0142; performing an emotional character e.g. whine, Joy, etc; sec 0129, 0138) in a physical space (external environment to robot, wherein robot senses external physical world and brings the characters to life; sec 0069-0077), comprising:
a camera (20, fig. 5) configured to provide perceptions of the physical space (sec 0076, 0078, 0088);
a set of actuators (25; fig. 5; drive actuators for moving tail, head, legs etc, sec 0083, 0088, 0093);
movable components (figs 4&5; arms, legs, head, tail move in several degrees of freedom by actuators; sec 0077),
a memory storing a character model (memory stores a control program, stores a behavior module library 90 having a plurality of character files 90n, 90n-1, 90n-2, etc are disclosed in fig. 10; that is the, “..application layer 61 is composed of five modules including a behavior model library 90”, “the behavior model library 90 includes INDEPENDENT BEHAVIOR MODELS 90.sub.1 to 90.sub.n….” the behavior models decide the next behavior”, sec 0105, 0106, 0109, 0110, 0138; figs. 9, 10), the character model setting a character of a plurality of disparate individual characters (i.e. separate or disparate individual characters e.g. robot moving tail, head, legs, etc, sec 0081, 0083, 0130, 0138, 0139; or robot exhibiting a sitting character, sec 0142; or robot exhibiting an emotional character e.g. whine, joy, etc, sec 0129, 0138; also as shown in fig. 10, 12, wherein each character file e.g. 90n is associated with first, second, third, etc characters e.g. any of “recovers from overturn", "the robot apparatus expresses an emotion", "the robot apparatus has detected a ball”, etc; sec 0105, 0106, 0109, 0110) the robot will operate to bring to life during operations, the character file defining gestures [robot performs gestures of moving tail, head, legs, etc, sec 0081, 0130, 0138, 0139; or robot performs gesture of exhibiting a sitting character; or robot performs a gesture exhibiting a facial expression, citing 0076 {a speaker 24 outputs a sound such as yelping, LEDs (light-emitting diode) (not shown) equivalent to the "eyes" of the robot apparatus 1}; robot exhibiting an emotional character e.g. whine, joy, etc, sec 0129, 0138] and movements that differentiate the character from all other characters of the plurality of disparate individual characters (i.e. separate or disparate individual characters e.g. robot moving tail, head, legs, etc, sec 0081, 0083, 0130, 0138, 0139; and
a controller located onboard the robot (16, fig. 5; sec 0075),
wherein the controller determines, in real time, a present mood or emotion associated with the character being portrayed by the robot (moods and emotions e.g. go ahead, joy, whine, being portrayed by the robot; sec 0129, 0138),
wherein the controller selects, from the character model, a gesture or movement based on the determined present mood or emotion (robot selects gestures or movements to perform from the sored files of character model; motion module chooses or selects gestures to express an emotion by changing the value of an emotion to be expressed based on a sensed hit; sec 0121, 0122, 0I23, 0129, 0130, 0138), and
wherein the controller operates the set of actuators to operate the movable components based on the selected gesture or movement (drive actuators for moving tail, head, legs etc, sec 0083, 0088, 0093, 0129, 0130, 0138).
Yokono did not particularly recite the limitation, “…….a first engagement of the robot with a first observer who is at a first distance away from the robot and a different second engagement of the robot with a second observer who is at a second distance away from the robot greater that the first distance.
However, Dalibard teaches of:
a robot, wherein a controller modifies a gesture or movement based on the perceptions of a physical space (modifies acceleration, speed , stopping distances; sec 0058, 0060-0063, 0083, 0084, 0096-0099, 0105; figs. 8-9) provided by a camera (sec 0056, 0080) to provide a first engagement of the robot with a first observer (sec 0078, 0106) who is at a first distance (figs 8-9; 0099-0107) away from the robot and a different second engagement of the robot with a second observer who is at a second distance away from the robot greater that the first distance (figs 8-9; 0099-0107).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Yokono as taught by Dalibard for the purpose of improving the Yokono robot so as to avoid collisions and accidents with humans particularly by adjusting the speeds of operation of the robot depending on the different distances the human is to the robot. As an example, Dalibard teaches on how improve the Yokono device by stopping the robot when a first human is in the deep grey zone and when a second human is in the light grey area the robot operates at different speed compared to when the first human who is in the deep area for safety and efficiency.
Furthermore, Yokono in view of Dalibard did not particularly recite, “…. provide a first engagement of at least one of voice loudness or theatricality of body language of the robot with a first observer who is at a first distance away from the robot and a different second engagement of at least one of voice loudness or theatricality of body language of the robot with a second observer who is at a second distance away from the robot greater than the first distance.”
However, (Meet Pepper – Canada's first talking, dancing, emotionally sensitive robot - YouTube) teaches of providing a first engagement of at least one of voice loudness or theatricality of body language of a robot with a first observer who is at a first distance away from the robot and a different second engagement of at least one of voice loudness or theatricality of body language of the robot with a second observer who is at a second distance away from the robot greater than the first distance.
Therefore, it would have been obvious to one having ordinary skill in the art to modify Yokono in view of Dalibard to provide a first engagement of at least one of voice loudness or theatricality of body language of the robot with a first observer who is at a first distance away from the robot and a different second engagement of at least one of voice loudness or theatricality of body language of the robot with a second observer who is at a second distance away from the robot greater than the first distance as taught by (Meet Pepper – Canada's first talking, dancing, emotionally sensitive robot - YouTube) for the purpose of improving Yokono in view of Dalibard to have versatility in reacting with people helping them accomplish task and helping with patients in the hospital, etc; (see video).
Regarding claim 2, Yokono discloses the robot of claim 1, further comprising sensors (force detection, sec 0095; recognition of a hit; sec 0122) for sensing input from the physical space and wherein the controller processes the input from the physical space to determine the present mood or emotion (motion module chooses or selects an emotion by changing the value of an emotion to be expressed based on a sensed hit; sec 0121, 0122, 0I23).
Regarding claim 3, Yokono discloses the robot of claim 1, wherein the controller operates the sets of actuators by sequentially selecting, in real time, differing ones of the sets of postures or the sets of movements to provide motion synthesis (driving of actuators to cause motion of e.g. legs in sequence; fig. 38; sec 0081, 0083, 0130, 0138, 0139).
Regarding claim 4, Yokono discloses the robot of claim 3, wherein the motion synthesis is configured to maintain balance (sec 0206) of the robot as the robot moves in the physical space while performing the selected gestures or movements (Since the robot is for example a toy that is shown to emulate and bring to life a character of a moving dog it is clear and established that the four legs of the dog execute movements to provide motion synthesis for the robot while maintaining balance in the physical space; fig. 4, 38; sec 0206).
Regarding claim 5, Yokono discloses the robot of claim 3, wherein the differing gestures or movements selected based on the input from the physical space associated with a presence of one or more observers in the physical space to cause the robot to interact with the one or more people (motion module chooses i.e. selects differing emotions or gestures or movements by changing the value of an emotion to be expressed based on a sensed hit, a sensed hit is an input from the physical space from one or more observers; sec O121, O122, O123;; figs. 1, 2; also the robot has a camera and other sensors for determining different distances to different observers, wherein a distance to one observer is greater than a distance to a second observer, and wherein the robot engages or selects gestures or movements to interact with observers based on the input from different observers; sec 0165, 0214, 0219, 0223, 0234).
Regarding claim 6, Yokono discloses the robot of claim 3, wherein the controller generates, in real time, a transitional movement and a control signal for the set of actuators between at least one sequential pair of the differing gestures or movements (the actuators are selected to cause the controller to generate a control signal to generate transitional movements in a sequential of movement on legs (fig. 4; drive actuators for moving tail, head, legs etc, in sequence by determining a next behavior based on sequentially received inputs through an arbiter; sec 0070, 0071, 0083, 0088, 0089, 0090, 0093, 0094, 0095).
Regarding claim 27, (Meet Pepper – Canada's first talking, dancing, emotionally sensitive robot - YouTube) discloses the robot of claim 1, wherein the first engagement comprises a first voice loudness and a first theatricality of body language, and wherein the second engagement comprises a second voice loudness and a second theatricality of body language (see video).
Claims 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yokono (US 2004/0034449) in view of Yokono (US pub 2005/0036649).
Regarding claim 8, Yokono (US 2004/0034449) discloses a robot for bringing characters to life in a physical world (a robot brings characters to life by or plays a character of a robot, a pet, a dog, an animal to life, sec 0074; robot brings a character of a robot to life in the physical world by changing a posture of the robot in response to an external force, sec 0070, 0071; robot brings characters to life by moving its tail, head, legs, etc, sec 0081, O130, 0138, 00139; performing a sitting character, sec 0142; performing an emotional character e.g. whine, Joy, etc; sec 0129, 0138) in a physical world (external environment to robot, wherein robot senses external physical world and brings the characters to life; sec 0069-0077), comprising:
a set of actuators (25; fig. 5; drive actuators for moving tail, head, legs etc, sec 0083, 0088, 0093);
movable components (figs. 4&5; arms, legs, head, tail, move in several degrees of freedom by actuators; sec 0077);
memory (memory stores a control program, sec 0081, 0083; behavior module library 90; figs. 9, 10; sec 0138) storing a character file (a plurality of character files 90n, 90n-1, 90n-2, etc are disclosed in fig. 10; that is, “..application layer 61 is composed of five modules including a behavior model library 90”, “the behavior model library 90 includes INDEPENDENT BEHAVIOR MODELS 90.sub.1 to 90.sub.n….” the behavior models decide the next behavior”, see sec 0105, 0106, 0109, 0110), the character file setting a specific individual character of a plurality of disparate individual characters (separate or disparate individual characters e.g. robot moving tail, head, legs, etc, sec 0081, 0130, 0138, 0139; or robot exhibiting a sitting character, sec 0142; or robot exhibiting an emotional character e.g. whine, joy, etc, sec 0129, 0138; also as shown in fig. 10, 12, wherein each character file e.g. 90n is associated with first, second, third, etc characters e.g. any of “recovers from overturn", "the robot apparatus expresses an emotion", "the robot apparatus has detected a ball”, etc; sec 0105, 0106, 0109, 0110) the robot will operate to bring to life during operations, the character file defining body language (robot moving tail, head, legs, etc, sec 0081, 0130, 0138, 0139; or robot exhibiting a sitting character), facial expressions [a speaker 24 to output a sound such as yelping, LEDs (light-emitting diode) (not shown) equivalent to the "eyes" of the robot apparatus 1, sec 0076; robot exhibiting an emotional character e.g. whine, joy, etc, sec 0129, 0138], and movements that differentiate the specific individual character from all other characters (robot moving tail, head, legs, etc, sec 0081, 0130, 0138, 0139) of the plurality of disparate individual characters (separate or disparate individual characters e.g. robot moving tail, head, legs, etc, sec 0081, 0130, 0138, 0139; or robot exhibiting a sitting character, sec 0142; or robot exhibiting an emotional character e.g. whine, joy, etc, sec 0129, 0138; also as shown in fig. 10, 12, wherein each character file e.g. 90n is associated with first, second, third, etc characters e.g. any of “recovers from overturn", "the robot apparatus expresses an emotion", "the robot apparatus has detected a ball”, etc; sec 0105, 0106, 0109, 0110); and
a controller located onboard the robot (16, fig. 5; sec 0075),
wherein the controller operates the set of actuators on the robot to operate the movable components (sec 0129, 0130, 0138) with actions that animate the robot in a manner associated with the specific individual character (sec 0081, 0105, 0106, 0109, 0110, 0130, 0138, 0139), and
wherein the operating the movable components comprises scaling the actions (changing or adjusting values of the emotion; sec 0120-0123 ) to engage one or more observers who are close at a first distance away (robot has a distance sensor to sense and detect observers at and different distances and engage with the observers at different distances in its environment; figs. 8, 9; sec 0069, 0085, 0088, 0085, 0102, 0111) from the robot and one or more observers who are at a second distance away from the robot greater than the first distance (robot has a distance sensor to sense and detect different observers at different distances, wherein a first distance of detection is greater than a second distance of detection to engage with the observers at the different distances in its environment; figs. 8, 9; sec 0069, 0085, 0088, 0085, 0102, 0111), the scaling comprising scaling a voice loudness (changing or adjusting values of the emotion of whining behavior which is a long high pitched cry or sound; sec 0120-0123, 0129) and a theatricality of body language , facial expressions, and movements based on observer location (changing or adjusting values of the emotion of whining behavior which is a long high pitched cry or sound constitutes a theatricality of body language , facial expressions, and movements; sec 0120-0123, 0129), wherein the scaling comprises a first combination of voice loudness (adjusting changing emotion level of whining ), body language, facial expressions, and movements (changing or adjusting values of the emotion of whining behavior which is a long high pitched cry or sound along with other movements of robot constitutes a theatricality of body language, facial expressions, and movements) for the one or more observers who are at the first distance, and a second combination of voice loudness, body language, facial expressions, and movements for the one or more observers who are at the second distance (robot has a distance sensor to sense and detect different observers at different distances, wherein a first distance of detection is greater than a second distance of detection to engage with the observers at the different distances in its environment; figs. 8, 9; sec 0069, 0085, 0088, 0085, 0102, 0111, 0120-0123, 0125, 0126, 0128, 129, 0130-0133, 0138, 0139).
Yokono (US 2004/0034449) disclose engaging a user, but did not particularly recite the limitation, “……. more observers who are close at a first distance away from……..”, it is obvious that multiple individuals could be engaged by the robot because the robot has sensors to sense a plurality and their distances from the robot including engaging with different observers at different distances e.g. adjusting voice loudness, body language, facial expressions, and movements whining, moving tail, body parts, joy, etc.
If applicant is arguing that Yokono (US 2004/0034449) does not read on the limitations then the examiner introduces Yokono (US pub 2005/0036649) who teaches of a robot controller that operates a set of actuators on the robot to operate the movable components therein,
wherein the operating the movable components comprises scaling the actions (changing or adjusting or varying intensities of values of the emotion; sec 0044, 0045, 0134, 0152-0155, 0158, 0160, 0161) to engage one or more observers who are close at a first distance away (robot has a distance sensor to sense and detect observers at and different distances and engage with the observers at different distances in its environment; figs. 6, 7; sec ) from the robot and one or more observers who are at a second distance away from the robot greater than the first distance (robot has a distance sensor to sense and detect different observers at different distances, wherein a first distance of detection is greater than a second distance of detection to engage with the observers at the different distances in its environment; figs. 6, 7; sec 0117, 0119, 0206-0214), the scaling comprising scaling a voice loudness (changing or adjusting intensity values of the emotion of voice, barking behavior, etc is regarded as scaling the voice loudness; sec 0155, 0158, 0160, 0161) and a theatricality of body language , facial expressions, and movements based on observer location (changing or adjusting values of the emotion of barking behavior , eye movements constitutes a theatricality of body language , facial expressions, and movements; sec 0106, 0206-0214), wherein the scaling comprises a first combination of voice loudness (adjusting changing emotion level of barking behavior , eye movements), body language, facial expressions, and movements (changing or adjusting values of the emotion of barking, eye movements constitutes a theatricality of body language, facial expressions, and movements) for the one or more observers who are at the first distance, and a second combination of voice loudness, body language, facial expressions, and movements for the one or more observers who are at the second distance (robot has a distance sensor to sense and detect different observers at different distances, wherein a first distance of detection is greater than a second distance of detection to engage with the observers at the different distances in its environment; figs. 6, 7; sec 0106, 0117, 0135, 0152, 0155, 0157, 0158, 0160, 0165, 0206-0214).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Yokono (US 2004/0034449) to include the ability of engaging a plurality of individuals or people at different distances as taught by Yokono (US pub 2005/0036649) for the purpose of providing a more versatile robot for effectively entertaining multiple individuals or people.
Regarding claim 9, Yokono (US 2004/0034449) discloses the robot of claim 8, further comprising sensors for sensing input from the physical space (sec 0076, 0078-0080) and wherein the controller processes the input from the physical space to determine a next movement for the robot to perform [i.e. set of movements (sec 0076, 0078-0085) defined in the set of scripts (i.e. memory stores a control program i.e. scripts, sec 0081, 0083; behavior module library 90; figs. 9, 10; sec 0138) associated with the selected one of the first character or the second character (i.e. a plurality of character files 90n, 90n-1, 90n-2, etc are disclosed in fig. 10; that is, “..application layer 61 is composed of five modules including a behavior model library 90”, “the behavior model library 90 includes INDEPENDENT BEHAVIOR MODELS 90.sub.1 to 90.sub.n….” the behavior models decide the next behavior”); see 0105, 0106, 0109, 0110)].
Regarding claim 10, Yokono (US 2004/0034449) discloses the robot of claim 9, wherein the controller processes the input from the physical space to determine a present mood or emotion for the specific individual character (moods, emotion, e.g. go ahead, joy, whine; sec 0129, 0138), and, in response, to operate the robot in a manner associated with the present mood or emotion (sec 0076, 0078-0085).
Regarding claim 11, Yokono (US 2004/0034449) discloses the robot of claim 8, wherein the controller operates the sets of actuators (sec 0129, 0130, 0138), by sequentially selecting, in real time, differing movements associated with the specific individual character to provide motion synthesis for the robot while maintaining balance of the robot in the physical space (sec 0081, 0105, 0106, 0109, 0110, 0130, 0138, 0139).
Regarding claim 12, Yokono (US 2004/0034449) discloses the robot of claim 11, wherein the controller generates, in real time, a transitional movement and control signal for the set of actuators between at least one sequential pair of the differing movements (sec 0081, 0105, 0106, 0109, 0110, 0130, 0138, 0139).
Regarding claim 13, Yokono (US 2004/0034449) discloses a robot for bringing characters to life (robot brings characters to life by changing of its posture, sec 0070; moving its tail, head, legs, etc, sec 0081, O130, 0138, 00139; performing a sitting character, sec 0142; performing an emotional character e.g. whine, Joy, etc; sec 0129, 0138) in an environment (external environment to robot, wherein robot senses external physical world and brings the characters to life; sec 0069-0077), comprising:
a camera configured to capture an image of the environment (sec 0076, 0078-0080);
a set of actuators (25; fig. 5; drive actuators for moving tail, head, legs etc, sec 0083, 0088, 0093);
movable components (figs. 4&5; arms, legs, head, tail, move in several degrees of freedom by actuators; sec 0077);
data storage (memory stores a control program, sec 0081, 0083; behavior module library 90; figs. 9, 10; sec 0138) storing a character model (a plurality of character files 90n, 90n-1, 90n-2, etc are disclosed in fig. 10; that is, “..application layer 61 is composed of five modules including a behavior model library 90”, “the behavior model library 90 includes INDEPENDENT BEHAVIOR MODELS 90.sub.1 to 90.sub.n….” the behavior models decide the next behavior”, see sec 0105, 0106, 0109, 0110), the character model setting a specific character of a plurality of disparate characters the robot will operate to bring to life during operations (separate or disparate individual characters e.g. robot moving tail, head, legs, etc, sec 0081, 0130, 0138, 0139; or robot exhibiting a sitting character, sec 0142; or robot exhibiting an emotional character e.g. whine, joy, etc, sec 0129, 0138; also as shown in fig. 10, 12, wherein each character file e.g. 90n is associated with first, second, third, etc characters e.g. any of “recovers from overturn", "the robot apparatus expresses an emotion", "the robot apparatus has detected a ball”, etc; sec 0105, 0106, 0109, 0110), wherein the character model defines actions that differentiate the specific character from all other characters of the plurality of disparate characters (robot moving tail, head, legs, etc, sec 0081, 0130, 0138, 0139; or robot exhibiting a sitting character); and
a controller located onboard the robot (16, fig. 5; sec 0075),
wherein the controller extracts images from the image of an environment (sec 0076, 0078-0080); and
wherein the controller operates the set of actuators to operate the movable components (sec 0129, 0130, 0138) to perform the actions based on the character model.
Yokono (US 2004/0034449) disclose engaging a user, but did not particularly recite, “extract face location, …..……, perform the actions based on the character model and based on positions of the face locations away from the robot”.
However Yokono (US pub 2005/0036649) teaches of:
a controller that extracts face locations from an image or an environment of a robot (sec 0106, 0117, 0135, 0152, 0157, 0158, 0160, 0165, 0208), and
wherein the controller operates a set of actuators to operate movable components to perform actions based on a character model and based on positions of the face locations (sec 0165-0170; also see sec 0106, 0117, 0135, 0152, 0157, 0158, 0160, 0165).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Yokono (US 2004/0034449) to include the ability of engaging a plurality of individuals or people as taught by Yokono (US pub 2005/0036649) for the purpose of providing a more versatile robot for effectively entertaining multiple individuals or people.
Regarding claim 14, Yokono (US 2004/0034449) discloses the robot of claim 13, wherein the character model defines a style of how the actions are to be performed based on an identity of the specific character (sec 0081, 0105, 0106, 0109, 0110, 0130, 0138, 0139).
Regarding claim 15, Yokono (US 2004/0034449) discloses the robot of claim 14, wherein the actions performed include a gesture according to the style (sec 0081, 0105, 0106, 0109, 0110, 0130, 0138, 0139).
Regarding claim 16, Yokono (US 2004/0034449) discloses the robot of claim 13, wherein the character model defines movements to perform the actions with a body language associated with the specific character (sec 0081, 0105, 0106, 0109, 0110, 0130, 0138, 0139).
Regarding claim 17, Yokono (US 2004/0034449) discloses the robot of claim 13, wherein the character model defines for each of a plurality of moods and emotions how the actions are to be performed by the robot, wherein the controller is programmed to select one of the plurality moods or emotions for specific character, and, in response, to perform the actions based on the selected one of the plurality moods or emotions (sec 0081, 0105, 0106, 0109, 0110, 0130, 0138, 0139).
Regarding claim 18, Yokono (US 2004/0034449) discloses the robot of claim 13, further comprising sensors for sensing input from the environment and wherein the controller processes the input from the environment to determine a next action to be performed from the actions defined in the first performance plan (sec 0081, 0105, 0106, 0109, 0110, 0130, 0138, 0139).
Regarding claim 19, Yokono (US 2004/0034449) discloses the robot of claim 13, wherein the controller operates the set of actuators by sequentially selecting, in real time, differing actions defined in the character model to provide motion synthesis for the robot while maintaining balance of the robot in the environment (fig. 38; sec 0081, 0105, 0106, 0109, 0110, 0130, 0138, 0139).
Regarding claim 20, Yokono (US 2004/0034449) discloses the robot of claim 19, wherein the controller generates, in real time, a transitional movement for the set of actuators between at least one sequential pair of the differing movements (sec 0081, 0105, 0106, 0109, 0110, 0130, 0138, 0139).
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Yokono (US 2004/0034449) in view of Okubo (US Pub 2003/0059092) and Moghaddam (US 5710833).
Regarding claim 21 Yokono discloses a robot (a robot to posture itself or bring or play a character of a robot, a pet, a dog, an animal to life, sec 0074; to bring a character of a robot to life by changing a posture of the robot in response to an external force, sec 0070, 0071; or to change posture of robot, sec 0070; or robot moving tail, head, legs, etc, sec 0081, 0130, 0138, 0139; or robot exhibiting a sitting character, sec 0142; or robot exhibiting an emotional character e.g. whine, joy, etc, sec 0129, 0138) comprising:
movable components (figs. 4&5; arms, legs, head, tail, move in several degrees of freedom by actuators; sec 0077);
memory (memory stores a control program, sec 0081, 0083; behavior module library 90; figs. 9, 10; sec 0138) storing a character file setting a specific individual character of a plurality of separate individual characters (a plurality of separate individual character files 90n, 90n-1, 90n-2, etc are disclosed in fig. 10; that is, “..application layer 61 is composed of five modules including a behavior model library 90”, “the behavior model library 90 includes INDEPENDENT BEHAVIOR MODELS 90.sub.1 to 90.sub.n….” the behavior models decide the next behavior”, see sec 0105, 0106, 0109, 0110; in addition, as shown in fig. 10, 12 each character file e.g. 90n is associated with a first character e.g. any of “recovers from overturn", "the robot apparatus expresses an emotion", "the robot apparatus has detected a ball”; sec 0105, 0106, 0109, 0110) the robot will operate to bring to life during operations (as shown in fig. 10, 12 each character file e.g. 90n is is operated to bring into life actions like “recovers from overturn", "the robot apparatus expresses an emotion", "the robot apparatus has detected a ball”; sec 0105, 0106, 0109, 0110), the character file defining a set of movements that differentiate the specific individual character from all other characters of the plurality of separate individual characters (as shown in fig. 10, 12 each character file e.g. 90n defining a set of movements that differentiate a specific individual character from all other characters e.g. “recovers from overturn" movements differentiate from "the robot apparatus expresses an emotion", differentiate from "the robot apparatus has detected a ball” etc; sec 0105, 0106, 0109, 0110);
a sensor suite configured to generate 2-dimensional (2D) data of an environment of the robot (sec 0076, 0078-0080), the 2-D data defining a distance of an observer from the robot (robot has a distance sensor to sense and detect observers at and different distances and engage with the observers at different distances in its environment; figs. 8, 9; sec 0069, 0085, 0088, 0085, 0102, 0111);
a controller located onboard the robot (16, fig. 5; sec 0075),
wherein the controller determines, in real time, a present mood (moods, emotion, e.g. go ahead, joy, whine; sec 0129, 0138) associated with the specific individual character being portrayed by the robot;
wherein the controller selects a movement based on the determined present mood and based on the distance of the observer from the robot (sec 0069, 0085, 0088, 0085, 0102, 0111, 0129, 0130, 0138); and
wherein the controller operates the movable components based on the selected movement (sec 0129, 0130, 0138; that is the controller operates the movable components based on the selected movement to provide an illusion of life for the selected character, that is an illusion of changing or posturing like a real animal e.g. dog, sec 0070; an illusion of moving a tail, head, legs like a real animal, sec 0081, 0130, 0138, 0139; an illusion of sitting like a real animal, sec 0142; an illusion of expressing an emotion like a human e.g. whine, joy, etc, sec 0129, 0138).
Yokono (US 2004/0034449) discloses the robot, but did not particularly recite, “….a three-dimensional point cloud data of the environment”
However Okubo teaches of a robot (figs. 1, 2, abstract, sec 0032, 0037, 0039) comprising:
a sensor suite (sec 0032, 0037, 0039) configured to generate a three-dimensional point cloud data of an environment of a robot, the three-dimensional data point cloud data defining a distance of an observer from the robot (figs. 10-12; sec 0037, 0096, 0103, 0105, 0107, 0109, 0112, 0128, 0131, 0134; in fig. 11 is shown three different faces with the middle face shown to be infront of two faces in the rear, this shows a three dimensional point cloud image data defining a distance of an observer from the robot; also in fig. 11 is shown morphed images wherein the coloring indicates a three-D point cloud image; As explained by Moghaddam (US 5710833; figs. 1 and 2; col. 5, lines 1-11; col. 8, lines 2-910) DIFS and DFFS are three-D point cloud images. Therefore, it would be obvious to one in the art that Okubo discloses a three-D point cloud image as explained by Moghaddam);
a controller located onboard the robot (16, fig. 2; sec 0035),
wherein the robot is untethered and free-ranging in the environment (robot shown in fig. 1 is untethered and free-ranging in a physical space; sec 0035, 0038, 0044, etc show components connected together with no tether);
wherein the controller determines, in real time, a present mood (moods, emotion, e.g. go ahead, joy, whine; sec 0081, 0082) associated the specific character being portrayed by the robot;
wherein the controller selects a movement based on the determined present mood (sec 00081, 0082, 0130, 0138) and based on the distance of the observer from the robot (that is, the three-dimensional point cloud includes the distance; sec 0033, 0037, 0083, 0084, 0128, 0131, 0134; in fig. 11); and
wherein the controller operates the movable components based on the selected movement (sec 0035, 0038, 0044-0046).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Yokono (US 2004/0034449) to include the ability of engaging and accurately identify and differentiate a plurality of individuals or people using a 3-D point cloud as taught by Okubo (US Pub 2003/0059092) and Moghaddam (US 5710833) for the purpose of providing a more versatile robot for effectively entertaining multiple individuals or people.
Regarding claim 22 Yokono discloses the robot of claim 21, wherein the specific character is a fictional character (sec 0081, 0129, 0130, 0138, 0139).
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.
Claim(s) 23-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yokono (US 2004/0034449).
Regarding claim 23 Yokono discloses a robot actor (robot shown in fig. 4 is untethered and is free-ranging in a physical space; sec 0074, etc shows components connected together with no tether to the robot), comprising:
a camera configured to detect observer locations (sec 0076, 0078-0080);
movable components (figs. 4&5; arms, legs, head, tail, move in several degrees of freedom by actuators; sec 0077);
a memory (memory stores a control program, sec 0081, 0083; behavior module library 90; figs. 9, 10; sec 0138) storing a character file (a plurality of character files 90n, 90n-1, 90n-2, etc are disclosed in fig. 10; that is, “..application layer 61 is composed of five modules including a behavior model library 90”, “the behavior model library 90 includes INDEPENDENT BEHAVIOR MODELS 90.sub.1 to 90.sub.n….” the behavior models decide the next behavior”, see sec 0105, 0106, 0109, 0110), the character file setting a specific individual character of a plurality of disparate individual characters the robot actor will operate to bring to life during operations (as shown in fig. 10, 12 each character file e.g. 90n is disparate and is associated with a first, second , third etc characters e.g. any of “recovers from overturn", "the robot apparatus expresses an emotion", "the robot apparatus has detected a ball” which the robot actor will operate to bring to life during operations; sec 0105, 0106, 0109, 0110), the character file defining body language, gestures, and movements that differentiate the specific individual character from all other characters of the plurality of disparate individual characters (as shown in fig. 10, 12 each character file e.g. 90n is disparate and is associated with a first, second , third etc characters e.g. any of “recovers from overturn", "the robot apparatus expresses an emotion", "the robot apparatus has detected a ball” to define body language, gestures, and movements that differentiate a specific individual character from all other characters; sec 0105, 0106, 0109, 0110); and
a controller (16, fig. 5; sec 0075) configured to:
determine, in real time, a present mood (moods, emotion, e.g. go ahead, joy, whine; sec 0129, 0138) associated with the specific individual character being portrayed by the robot actor;
select, from the character file, a motion defined for the present mood (sec 0129, 0130, 0138);
operate the movable components based on the motion for the present mood (sec 0129, 0130, 0138); and
modify, in real time and using one or more artificial intelligence agents (learning module 92, probability automation to stochastically decide a transition source and transition destination, etc; sec 0105, 0108, 0113, 0114, 0117-0119) located onboard the robot actor, the motion for the present mood (motion is modified by deciding the next behavior while referring to a corresponding emotion parametric value; sec 0107) based on the observer location detected by the camera (behaves adaptively to its surrounding environment and an external action; sec 0001, 0069, 0076, 0078-0080, 0085, 0104-0107).
Regarding claim 24 Yokono discloses the robot actor of claim 23, further configured to receive, from a modulator (behavior module library 90 stores a control program that defines actions to be performed based on the identified character to be performed; figs. 9, 10; sec 0138), periodic or randomized motions to run alongside the motion for the present mood (based on the behavior module library 90 controller operates the scripts or programs for driving actuators for moving tail, head, legs etc, sec 0081, 0121, 0130, 0I38, 0139, defining periodic or randomized movements e.g. sitting down , sec 0120, 0121, 0140-0142; execution of a set or group of performance plans to perform actions based on the portable character models e.g. a set or group of behaviors comprising emotional, gestural characters and movements e.g. siting down, sec 0142).
Regarding claim 25 Yokono discloses the robot actor of claim 23, wherein the controller is configured to modify the motion for the present mood based on a change of the observer locations detected by the camera (i.e. modify the motion for the present mood of the robot based on change in presence of observer i.e. detected change of people’s location, detected change of location of different locations of touches, patting, and kind or external force, etc with respect to the robot; 0001, 0069, 0076, 0078-0080, 0085, 0104-0107) such that the motion for the present mood is modified to interact with multiple observers at different distances from the robot actor (motion of robot is modified to interact with multiple observers at different distances; sec 0001, 0069, 0071, 0074, 0076, 0085, 0104-0107, 0120).
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.
Claims 26 is rejected under 35 U.S.C. 103 as being unpatentable over Yokono (US 2004/0034449) in view of Yokono (US pub 2005/0036649).
Regarding claim 26 Yokono discloses the robot actor of claim 23, wherein the modifying comprises scaling the motions (changing or adjusting values of the emotion, etc; sec 0069, 0070-0072, 0120-0123 ) to engage the robot actor with a first observer who is a first distance away (robot has a distance sensor to sense and detect observers at and different distances and engage with the observers at different distances in its environment; figs. 8, 9; sec 0069, 0085, 0088, 0085, 0102, 0111) from the robot actor and a second observer who is at a second distance away from the robot actor greater than the first distance (robot has a distance sensor to sense and detect different observers at different distances, wherein a first distance of detection is greater than a second distance of detection to engage with the observers at the different distances in its environment; figs. 8, 9; sec 0069, 0085, 0088, 0085, 0102, 0111), and wherein the scaling the actions comprises scaling a voice loudness (changing or adjusting values of the emotion of whining behavior which is a long high pitched cry or sound; sec 0120-0123, 0129) and a theatricality of body language, gestures, and movements based on the observer locations (changing or adjusting values of the emotion of whining behavior which is a long high pitched cry or sound constitutes a theatricality of body language , facial expressions, and movements; sec 0120-0123, 0129), wherein the scaling comprises a first combination of voice loudness (adjusting changing emotion level of whining ), body language, gestures, and movements (changing or adjusting values of the emotion of whining behavior which is a long high pitched cry or sound along with other movements of robot constitutes a theatricality of body language, facial expressions, and movements) for the first observer who is at the first distance, and a second combination of voice loudness, body language, gestures, and movements for the second observer who is at the second distance (robot has a distance sensor to sense and detect different observers at different distances, wherein a first distance of detection is greater than a second distance of detection to engage with the observers at the different distances in its environment; figs. 8, 9; sec 0069, 0085, 0088, 0085, 0102, 0111, 0120-0123, 0125, 0126, 0128, 129, 0130-0133, 0138, 0139).
Yokono (US 2004/0034449) disclose engaging a user, wherein sensors sense a plurality of humans and their distances from the robot including engaging humans with different observers at different distances e.g. adjusting voice loudness, body language, facial expressions, and movements whining, moving tail, body parts, joy, etc. Yokono (US 2004/0034449) did not particularly recite the exact words in the limitation, “……. a first observer who is a first distance away from the robot actor and a second observer who is at a second distance away from the robot actor greater than the first distance ……..”.
However, Yokono (US pub 2005/0036649) who teaches of a robot controller that operates a set of actuators on the robot to operate the movable components therein,
wherein modifying comprises scaling the actions (changing or adjusting or varying intensities of values of the emotion; sec 0044, 0045, 0134, 0152-0155, 0158, 0160, 0161) to engage the robot actor with a first observer who is a first distance away (robot has a distance sensor to sense and detect observers at and different distances and engage with the observers at different distances in its environment; figs. 6, 7; sec ) from the robot actor and a second observer who is at a second distance away from the robot actor greater than the first distance (robot has a distance sensor to sense and detect different observers at different distances, wherein a first distance of detection is greater than a second distance of detection to engage with the observers at the different distances in its environment; figs. 6, 7; sec 0117, 0119, 0206-0214), and wherein the scaling the actions comprises scaling a voice loudness (changing or adjusting intensity values of the emotion of voice, barking behavior, etc is regarded as scaling the voice loudness; sec 0155, 0158, 0160, 0161) and a theatricality of body language, gestures, and movements based on the observer locations (changing or adjusting values of the emotion of barking behavior , eye movements constitutes a theatricality of body language , facial expressions, and movements; sec 0106, 0206-0214), wherein the scaling comprises a first combination of voice loudness (adjusting changing emotion level of whining ), body language, gestures, and movements (changing or adjusting values of the emotion of whining behavior which is a long high pitched cry or sound along with other movements of robot constitutes a theatricality of body language, facial expressions, and movements) for the first observer who is at the first distance, and a second combination of voice loudness, body language, gestures, and movements for the second observer who is at the second distance (robot has a distance sensor to sense and detect different observers at different distances, wherein a first distance of detection is greater than a second distance of detection to engage with the observers at the different distances in its environment; figs. 6, 7; sec 0106, 0117, 0135, 0152, 0155, 0157, 0158, 0160, 0165, 0206-0214).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Yokono (US 2004/0034449) to include the ability of engaging a plurality of individuals or people at different distances as taught by Yokono (US pub 2005/0036649) for the purpose of providing a more versatile robot for effectively entertaining multiple individuals or people.
Response to Arguments
Applicant's arguments filed 02/24/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Examiner’s previous arguments with respect to the 112 rejections are maintained.
Conclusion
The prior art (Meet Pepper – Canada’s first emotionally sensitive robot for sick kids | Globalnews.ca ) made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE MANCHO whose telephone number is 571 272 6984. The examiner can normally be reached Mon-Thurs.
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/RONNIE M MANCHO/Primary Examiner, Art Unit 3657
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