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 Objections
Claim 1 is objected to because of the following informalities: Claim 1, lines 20-21 set forth to blend data from “both” the first, second and third sensors. This language is not grammatically correct since the word “both” refers to only two of the sensors and not all three of the sensors. It appears that the word “both” should be deleted to correct this issue. Appropriate correction is required.
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.
Claims 1-3 and 6 are 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. Independent claim 1 as now amended includes a “third orientation sensor” which is used to obtain data that is blended with data from both a first orientation sensor and a second orientation sensor used to produce location set as set forth is not supported by the original disclosure, thereby constituting new matter which must be cancelled. It is noted that the original disclosure only supports forming data from two orientation sensors (110a and 110b) that are blended together, (paragraph [0031] of the specification. The use of the data obtained from these two sensors along with a third orientation sensor is not supported by the written disclosure. The limitations of dependent claims 2-3 and 6 inherit the language of claim 1.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the use of three separate orientation sensors as now set forth in amended claim 1 must be shown or the feature(s) canceled from the claim(s). It appears that figure 2 mislabels element 109 as “orientation sensors” and should be change to just - - sensor - - to be consistent with the written specification, paragraph [0031], “Headset 107 includes sensors 109 which may be headphones configured to play the audible sound.” This sensor is therefore not an orientation sensor but instead a sensor used to play audible sound. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Allowable Subject Matter
Claims 1-3 and 6 are allowed over the art of record.
The following is a statement of reasons for the indication of allowable subject matter: The teachings of the prior art is discussed in the final office action mailed 12/20/24. These references as applied do not teach nor obviously suggest a smart cane assembly that additionally includes in combination the specifics of the camera as now amended along with the use of three orientation sensors in the manner as set forth in claim 1. The limitations of claims 2-3 and 6 depend upon those features of claim 1.
Response to Arguments
Applicant's arguments filed 12/29/25 have been fully considered but they are not persuasive.
Concerning applicants’ remarks related to the drawing objections: applicant states that figure 2 depicts three orientation sensors (110a, 110b and 109) with 110a and 110b are sensors in the cane and the head set with the third sensor is shown associated with respect to audio playback depicted in figure 2 that is transmitted through smart phone 105. Examiner does not agree. Element 109 as disclosed (see paragraph [0031] of applicants written specification) specifically states that headset 107 includes sensors 109. These sensors are as disclosed headphones to play audio and not as applicant states and claims as being used as orientation sensors. Therefor there appears to be only two sensors, one sensor the headset and one sensor in the cane as specifically depicted in figure 1. Under applicants rational, the headset 107 contains two orientation sensors (110a and 109). There is no disclosure to support such a rational since it is clear that sensor 109 is used for playback of audible sound (paragraph [0031] of the written disclosure and not used as an “third orientation sensor” as claimed and argued.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/ANDREW SNIEZEK/ Primary Examiner, Art Unit 2693
/A.S./Primary Examiner, Art Unit 2693 1/14/26