DETAILED ACTION
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 Amendment
The Amendments filed March 18, 2026 have been entered. Claims 1-7 remain pending in the application. Applicant’s amendments have overcome each and every 112a Rejection previously set forth in the Non-Final office action mailed December 23rd, 2025 and are hereby withdrawn in light of applicant’s amendments. However, applicant’s amendments do necessitate additional 112b rejections as set forth in the pertinent sections herein.
Claim Interpretation
It has been previously considered that applicant explicitly defines that a specific time sequence is “The so-called "audio file having a specific time sequence", or more specifically the "audio file having audio signals arranged corresponding to a specific time sequence" means the audio file record with various sounds, e.g., sounds having different amplitudes and frequencies, along the progress of time” (page 4, lines 18-21). Notably the explanation appears to be directed specifically to the match audio file (prepared and downloaded). The explicit definition leads examiner to consider that all audio files, those prepared and downloaded to the database and those sensed by a sensor, must in some effect be inherently be provided such specific time sequence as explicitly defined by applicant. Examiner must as a matter of interpretation for the purposes of examination in light of applicant’s intrinsic evidence/disclosure consider that any audio file (sensed audio data/segments/packets/etc.), must possess this ‘specific time sequence’, whether the audio file is being sensed, recorded, and compared, or downloaded and compared to with an audio based signal. It is considered that the understood nature of sound is the amplitude and frequency of a wavelength over a period of time and that the signal/sensed ambient sound must comprise an amplitude and frequency to be so compared.
For the purposes of examination and to the best of examiner’s understanding, and in light of applicant’s previous arguments, it is considered a sound sensed and/or recorded, and thereafter transmitted, as a matter of inherency to the physics of sound and audio signals, must possess some specific time sequence therein that delineates the data as a specific data actable upon. It is further considered that such data compared and the system operable thereon on specifically audio based data and means thereof that correct action of the system must be comparing that signal with the specific time sequence as so explicitly defined (amplitudes and frequencies along a span of time), and that the match audio file that the system uses to identify/compare the specifically audio sensed/transmitted data must have present the same specific time sequence to be so compared and actionable upon.
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 1-7 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.
Regarding claim 1, the limitations “the comparative unit comparing the signals transmitted by the sound sensor with the audio files stored in the database to locate a match audio file from the audio files” “which is matched with the sensed ambient sounds and then transmitting control signals to the control unit to control the actuator or the vibrator based on audio signals of the match audio file”, and wherein the control unit controls the actuator or vibrator according to subsequent audio signals of the located match audio file after the match audio file is located” are recited. The above limitations conflictingly introduce what respectfully appears to be active verbiage terms and more defined sequences than previous iterations of the claim afforded, seeming to introduce both a process of use within the claimed apparatus claim (e.g. “an electric bed or chair”). Where is has previously been held “A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011)”. The claim structure makes difficult to determine whether infringement occurs when one uses the system (e.g. the invention is only infringed upon when subsequent audio signals are utilized after the audio file is located, but would not be infringed if the apparatus if the apparatus was immediately turned off proceeding the initialization/initial paring process). Or whether the invention is infringed upon where there is a system capable of such functions (e.g. a system configured to received signals, process signals, and use signals). Such consideration is taken due to the newly amended languages “to control…based on” (necessitating some aspect come before the next limitation, in the instant claims the “audio signals of the match audio file”), “controls the actuator or vibrato according to subsequent…after the match audio is located” (appearing to necessitate some subsequent processing or systemic procedure). Respectfully, the claim seems to newly attempt necessitating to some intrinsic level that the invention must be used for a certain length of time which is what considerably renders the invention indefinite in scope as such consideration would make the invention in the realm of a method of use, or a procedure while the invention is already been assessed as an apparatus (an electric bed or chair), and further shift to such would be considered to potentially introduce election by original presentation considerations (in other words would necessitate to otherwise treat the new process matters and considerations thereof as effectively withdrawn, as the office generally does not permit shift)
However, for the purposes of examination and in the interest of compact prosecution, the claims are construed in a ‘configured to’ capacity (in other words, an apparatus “a/the electric bed”), and such limitations are not incumbent on a process or length of use of the invention response and furthermore, the “specific time sequence” and thus the ‘audio signals of the match audio file’ (considered to be of those in the database of the control unit that are compared by the compare unit), are considered to encompass the features of those identified in the Claim Interpretation section immediately prior. Therefore, it is respectfully considered in light of the disclosure and understanding of the claims, an audio signal response can be considered subsequent upon initiation and carry through of operation of the signal. Further such that the initial signal to start action is indeed in the course of ‘controlling the actuator’, and that any carry through action of the signal (to fulfill the action by the initiation and motions produced), is both ‘according to the subsequent audio signals of the located matched audio file after the match audio file is located’, and that as has been previously established for the record, pertinent to applicant’s explicit definition, an audio file has a specific time sequence of amplitudes and frequencies over a span of time, and such time would therefore provide ‘subsequent audio signals… after the match audio file is located’ (to thus enact action and to be fulfilled by a computer/processor), and that a return to baseline/normal is also the carry through of such audio signal processing, as completing the motion is both subsequent the matching, and part of the audio file and the specific time sequence thereof.
Claims 2-7 are additionally rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112 second paragraph as being dependent on a rejected indefinite antecedent claim (claim 1).
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sharma et al. (U.S. Pub. No. 20200138200); hereafter “Sharma”, in view of Erickson et al. (U.S. Pub. No. 20130005442); hereafter “Erickson.
Regarding claim 1, Sharma discloses (FIGS. 1-25) an electric bed or chair movable along with ambient sounds (as illustrated in FIG. 1-25), the electric bed or chair comprising: a frame structure (as illustrated in FIGS. 2A-8, 19-25) comprising a base (as eminently demonstrated in FIGS. 2A-8 and 19-25) and a movable frame (as eminently demonstrated in FIGS. 2A-8 and 19-25) movably disposed on the base; an actuator having two ends disposed with the base and the movable frame, respectively (as eminently demonstrated in FIGS. 2A-8 and 19-25); a vibrator ([0003]: “Additionally, the adjustable furniture may include various types of mattresses, cushions, pillows, or similar elements to cushion the furniture for the user, and the furniture may allow for movement, vibration”) disposed with the frame structure; a control unit electrically connected with the actuator and the vibrator to control motions of the actuator and the vibrator (Abstract: “The apparatus includes a mechanical frame with linear actuators (such as electrical linear actuators, hydraulic actuators or pneumatic linear actuators, or any combination thereof) that are controlled by a computer”); a receiving unit ([0071]: “For example, the user, by means of a user application running on the user device, may select an option to turn ON the optional fans 106a. Based on the selection, the user device may communicate a turn ON signal to the BWAR computer (installed in the bed 102) over a communication network. The BWAR computer may receive the turn ON signal from the user device”, where a receiver is noted for use with the invention) receiving audio files each having a specific time sequence via a wire or wireless manner ([0011]: “It is another objective of the present invention to provide users with a unique experience with entertainment synchronized with movements, illumination as well as effect of fans. This entertainment could be a virtual reality entertainment but could be other entertainment such as music, songs, movies, television, or sports.”); a database (Abstract: “built in computer”; [0117]: “program code stored locally or remotely for access by single or multiprocessor machines.”) electrically connected with the control unit and the receiving unit for storing the audio files received by the receiving unit; a sound sensor sensing ambient sounds and transmitting signals corresponding to the sensed ambient sounds ([0017]: “vibration sensors, or other sensors, that provide inputs to a built-in computer” where sound is a known vibration); and a comparative unit electrically connected with the sound sensor, the control unit and the database, the comparative unit comparing the signals transmitted by the sound sensor with the audio files stored in the database to locate a match audio file from the audio files, which is matched with the sensed ambient sounds, and then transmit control signals to the control unit for enabling the control unit to control the actuator or the vibrator to move in synchronously with audio signals of the match audio file ([0017]: “Further, the computer may use these inputs to control the actuators and other mechanical or electrical components to provide a safe and enjoyable experience to the users of the furniture”; [0011]: “to provide users with a unique experience with entertainment synchronized with movements, illumination as well as effect of fans. This entertainment could be a virtual reality entertainment but could be other entertainment such as music, songs, movies”). Where [0011], [0017], and [0118] clearly establish that the apparatus responds to media and ambient sounds that then synchronize (otherwise a comparison of data) to enact movements therewith, and where the control unit controls the actuator or vibrator according to subsequent audio signals of the located match audio file after the match audio file is located. Where particularly it is considered for the purposes of examination as considered in the 112b section prior that the specific time sequence of the audio files concern the common features of sound files including amplitude and frequency over a period of time (per applicant’s explicit definition (page 4, lines 18-23), and furthermore as expressed in the 112b section prior, the initiation and action of a signal pertinent the audio data would fulfill controlling the actuator and furthermore according to subsequent audio signals of the located match audio file after the match audio file is located. And that the limitation is directed to a matching comparison of the data to operate, and furthermore uses a sound based sensor system to attenuate the operation of the system [0017].
However, while Sharma does note some synchronization efforts considered such that the actuator/vibrator synchronously matches with audio signals, there is questionable consideration for the actuator or the vibrator to act based on audio signals of the match audio file and matching sensed ambient sounds.
Regardless, Erickson teaches (FIGS. 1-4) an entertainment chair/resting portion that comprises a control unit to control the actuator or the vibrator to act synchronously {in} accordance with audio signals of the match audio file and matched with sensed ambient sounds ([0040]: “The audio and video content may comprise audio/visual cues or motion signals embedded in the content. The gaming chairs may be configured to recognize and interpret these audio/visual cues and move accordingly, synchronizing chair motion with the audio and video content” and [0041] “The motion controller may also allow synchronization of motion across multiple gaming chairs. In some embodiments, the motion controller dynamically reconfigures chair movements according to external effects, such as motion of adjacent chairs, motion of the player in the chair, motion of people near the chair, etc.”. Which thereby expresses both a match audio file (a file or sequence of a computer that enacts initiates, controls, and concludes an action of the receptacle), such match audio file is acted upon (thereby controlling the actuators/vibrators based upon the audio data), and that action is carried through until completion by moving the chair (based on the audio data) and then returning to baseline or zero, or even dynamically reconfiguring the chair movement to extent actions that are still initiated and matched to an initial received datum (signals transmitted by the sound sensor); whereupon the carry-through and completion of actions responsive to such audio data fulfills controlling the actuator or vibrator according to subsequent audio signals of the located match audio file after the match audio file is located.
It would have been obvious to one or ordinary skill in the art before the application was effectively filed to have incorporated the reactive programming/protocols of Erickson into Sharma. Where the results would have been predictable as both Sharma and Erickson are concerned with entertainment systems that a person is secured or reclining or resting therein, utilizes motion produced, and notes the uses of sensors. Where Erickson explicitly expresses that sound cues and motion cues external of the current pod/chair. Where advantageously, Erickson notes “In some embodiments, workers in a casino (e.g., a dealer at a blackjack or other wagering game table) may initiate motion of the players' gaming chairs to indicate wins and loses, encourage and boost morale, or just for fun.”, whereby the use of the systems thereof produce a more immersive and fun experience for the occupant, of which such merit would be granted to Sharma and further improve the responsive capabilities and reactive/more organic engagements of the system.
It is considered that Erickson avails both sound cues and motion cues external of the apparatus “The gaming chairs may be configured to recognize and interpret these audio/visual cues and move accordingly, synchronizing chair motion with the audio and video content” [0040] and furthermore both produces motion and accepts external stimuli to compare and attenuate the operation of the system [0041] and [0108]; and Sharma already considers both the use of an audio recording to operate the chair alongside already considering the use of a sound file for operation [0011], and that sound based signals may attenuate the operation of the system [0017], and that in combination, the comparison of more specifically external data may attenuate the operation of the system in correspondence to the match audio file in the data base that the system runs operably off of. It is therefore considered in the combination prior that the sound system of Sharma with Ericksons’ comparison protocols would avail operation of the system and the acceptance of external stimuli to attenuate the operation as by comparing the data, where as set forth in the 112b section prior, it is considered audio files must comprise specific time sequences as explicitly defined by applicant (page 4, lines 18-23) as such explicit definition aligns with the characteristic physics of what sound and the capture thereof concerns.
Regarding claim 2, Sharma in view of Erickson discloses (FIGS. 1-8 and 19-25) the electric bed or chair as claimed in claim 1, wherein the vibrator is disposed on the movable frame (as illustrated in FIGS. 1-8 and 19-25).
Regarding claim 3, Sharma in view of Erickson discloses the electric bed or chair as claimed in claim 1, wherein the audio files received by the receiving unit are audio files of movies, operas, songs or pieces of music. As set forth in [0011] the media included is “music, songs, movies, television, or sports”.
Regarding claim 4, Sharma in view of Erickson discloses the electric bed or chair as claimed in claim 1, wherein the control unit controls the actuator to extend or retract and controls vibrating frequency and amplitude of the vibrator. Notably, [0017] notes “If the proximity sensors trigger, the motion of the furniture may be slowed or stopped to avoid injuries” which would understandably control the actuators to extend or retract and control the frequency of action/motion and amplitude of the vibrators/actuators.
Regarding claim 5, Sharma in view of Erickson discloses (FIGS. 1-8 and 19-22) the electric bed or chair as claimed in claim 1, further comprising a rocker mount disposed below the base, and a first drive device disposed between the rocker mount and the base; the first drive device is electrically connected with the control unit in a way that the control unit controls the first drive device to drive the base to swing relative to the rocker mount along a first curve. As illustrated in FIG. 5 and 8, the base has rocker mounts thereunder that are actuated by drive devices that are actuated by the control unit and may facilitate the motion of swinging, where [0004] acknowledges that the furniture “swings”. Additionally, FIGS. 19-22 demonstrate a constrained rocker system that is able to rock along a first curve
Regarding claim 6, Sharma in view of Erickson discloses (FIGS. 1-8 and 19-22) the electric bed or chair as claimed in claim 5, further comprising a support mount disposed below the rocker mount, and a second drive device disposed between the rocker mount and the support mount; the second drive device is electrically connected with the control unit in a way that the control unit controls the second drive device to drive the rocker mount to swing relative to the support mount along a second curve. Notably in FIGS. 5 and 8, the rockers comprise a further second/support plate and actuators thereof that are able to move the apparatus in all Cartesianal directions (as eminently demonstrated in FIG. 8). Where [0077] notes “The connections of the linear actuators 201 to the surface 202 needs to be done with hinges to allow this freedom of movement. The linear actuators 210 in FIG. 5 are also individually controlled by the BWAR computer. Similarly, the linear actuators 221 in FIG. 6 are also individually controlled by the BWAR computer. This allows for providing various tilts as part of the ride”, availing multiple tilts. Additionally, FIGS. 19-22 demonstrate both a rocker mount (correspondent 2106 and others, FIG. 21), and a lower support mount (2104; FIG. 21) that are able to operate in coordination with the lift (1902; FIG. 19), and thus able to operate along two swing curves. Additionally, a second rocker frame is located beneath the first rocker frame (as illustrated in FIG. 22) with a first rocker (correspondent 2206; FIG. 22) and an underside rocker (correspondent the eminent rocker arrangement beneath 2208; FIG. 22)
Regarding claim 7, Sharma in view of Erickson discloses (FIGS. 22) the electric bed or chair as claimed in claim 6, wherein projection lines of the first curve and the second curve on a horizontal plane are perpendicular to each other (as illustrated in FIG. 22)
In the alternate, claims 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sharma, in view of Hamlin et al. (U.S. Pub. No. 20120289312); hereafter “Hamlin”.
Regarding claim 1, Sharma discloses (FIGS. 1-25) an electric bed or chair movable along with ambient sounds (as illustrated in FIG. 1-25), the electric bed or chair comprising: a frame structure (as illustrated in FIGS. 2A-8, 19-25) comprising a base (as eminently demonstrated in FIGS. 2A-8 and 19-25) and a movable frame (as eminently demonstrated in FIGS. 2A-8 and 19-25) movably disposed on the base; an actuator having two ends disposed with the base and the movable frame, respectively (as eminently demonstrated in FIGS. 2A-8 and 19-25); a vibrator ([0003]: “Additionally, the adjustable furniture may include various types of mattresses, cushions, pillows, or similar elements to cushion the furniture for the user, and the furniture may allow for movement, vibration”) disposed with the frame structure; a control unit electrically connected with the actuator and the vibrator to control motions of the actuator and the vibrator (Abstract: “The apparatus includes a mechanical frame with linear actuators (such as electrical linear actuators, hydraulic actuators or pneumatic linear actuators, or any combination thereof) that are controlled by a computer”); a receiving unit ([0071]: “For example, the user, by means of a user application running on the user device, may select an option to turn ON the optional fans 106a. Based on the selection, the user device may communicate a turn ON signal to the BWAR computer (installed in the bed 102) over a communication network. The BWAR computer may receive the turn ON signal from the user device”, where a receiver is noted for use with the invention) receiving audio files each having a specific time sequence via a wire or wireless manner ([0011]: “It is another objective of the present invention to provide users with a unique experience with entertainment synchronized with movements, illumination as well as effect of fans. This entertainment could be a virtual reality entertainment but could be other entertainment such as music, songs, movies, television, or sports.”); a database (Abstract: “built in computer”; [0117]: “program code stored locally or remotely for access by single or multiprocessor machines.”) electrically connected with the control unit and the receiving unit for storing the audio files received by the receiving unit; a sound sensor sensing ambient sounds and transmitting signals corresponding to the sensed ambient sounds ([0017]: “vibration sensors, or other sensors, that provide inputs to a built-in computer” where sound is a known vibration); and a comparative unit electrically connected with the sound sensor, the control unit and the database, the comparative unit comparing the signals transmitted by the sound sensor with the audio files stored in the database to locate a match audio file of the audio files, which is matched with the sensed ambient sounds, and then transmit control signals to the control unit to control the actuator or the vibrator based on audio signals of the match audio file ([0017]: “Further, the computer may use these inputs to control the actuators and other mechanical or electrical components to provide a safe and enjoyable experience to the users of the furniture”; [0011]: “to provide users with a unique experience with entertainment synchronized with movements, illumination as well as effect of fans. This entertainment could be a virtual reality entertainment but could be other entertainment such as music, songs, movies”). Where [0011], [0017], and [0118] clearly establish that the apparatus responds to media and ambient sounds that then synchronize (otherwise a comparison of data) to enact movements therewith, wherein the control unit controls the actuator or vibrator according to subsequent audio signals of the located match audio file after the match audio file is located. Where particularly it is considered for the purposes of examination as considered in the 112b section prior that the specific time sequence of the audio files concern the common features of sound files including amplitude and frequency over a period of time (per applicant’s explicit definition (page 4, lines 18-23); and furthermore as expressed in the 112b section prior, the initiation and action of a signal pertinent the audio data would fulfill controlling the actuator and furthermore according to subsequent audio signals of the located match audio file after the match audio file is located. And that the limitation is directed to a matching comparison of the data to operate, and furthermore uses a sound based sensor system to attenuate the operation of the system [0017].
However, while Sharma does note some synchronization efforts considered such that the actuator/vibrator synchronously matches with audio signals, there is questionable consideration for the actuator or the vibrator to act based on audio signals of the match audio file and matching sensed ambient sounds.
Regardless, Hamlin teaches (FIGS. 2-5) an entertainment chair/resting portion that comprises a control unit to control the actuator or the vibrator to act synchronously {in} accordance with audio signals of the match audio file alongside matching sensed ambient sounds ([0043]: “For example, the chair may sway or bounce to the beat or tempo of the music. Audio data representing the sound of a coin dropping may be translated into commands or data causing a motion capable chair to move in response to the coin dropping. Audio data representing a door opening or closing may be translated to cause the chair to move in response to the door closing or opening. For example, the sound of the door closing or opening may cause the motion capable chair to bump or vibrate to alert the user that someone has entered or left. Audio data representing an audience clapping, cheering, yelling etc. may be translated into chair motion commands and data that cause the chair to rotate or tilt towards the source of the audio event” and [0041] “In some embodiments, the data may be filtered. For example, audio data representing game sounds originating from a wagering game machine associated with a motion capable chair may be filtered out or canceled so that the unfiltered audio data remaining may be for sounds or music external to the wagering game machine (e.g., music played within a casino or by another wagering game machine)” and [0062] “As noted above, sound may be filtered by the chair. Alternatively, certain sounds may be enhanced by the chair. Various combinations of motion, visual, and sound effects produced by the chair may be designed to stimulate various emotional responses in a player” and [0065] “determination of an emotional state may be based on a variety of data obtained from sensors or information servers. For example, audio data representing cheering or clapping may be used to determine an emotional state”. Furthermore, noting match audio file sorting/selection/synchronization/taxonomy through “For example, a file or "playlist" of commands or data may be selected based on the category. As an example, assume that the categories comprise emotional states. If a "happy" emotional state has been determined, a set of commands that cause the motion capable chair to move in a bouncy lilting manner may be selected while if a "sad" emotional state has been determined, then then a of commands may be selected that cause the chair to move in a more subdued manner. In this example, the selected chair motion commands or data complement the determined category.” [0068]. Hamlin further provides “the motion capable chair 150 is to be moved or positioned in a desired manner in response to stimuli originating externally from the wagering game assembly 100, such as external events or external conditions. These instructions translate data 250A/250B representing the external events or external conditions to commands and data that may be sent to the motion capable chair 150 through the chair interface 202 such that the motion capable chair 150 moves in response to the external stimuli” [0029], and that “data 250 representing an external event or external condition received from a sensor 304 or information server 306 to a wagering game assembly 100. In such embodiments, chair server 302 functions as a relay for the data. The data 250 is then received and processed by the wagering game machine or motion capable chair such that the data representing external events or external conditions is translated to motion commands or data for the motion capable chair” [0035]. Effectively providing external conditions in the form of sounds that are transmitted to the system as data and signals, and acted upon (as by a comparison of the data to actuating conditions and within the operation of a protocol that may attenuate and react deviatingly therefrom correspondent external stimuli), using particularly audio based data for operation. Which thereby expresses both a match audio file (a file or sequence of a computer that enacts initiates, controls, and concludes an action of the receptacle), such match audio file is acted upon (thereby controlling the actuators/vibrators based upon the audio data), and that action is carried through until completion by moving the chair (based on the audio data) and then returning to baseline or zero, or even dynamically reconfiguring the chair movement to extent actions that are still initiated and matched to an initial received datum (signals transmitted by the sound sensor); whereupon the carry-through and completion of actions responsive to such audio data fulfills controlling the actuator or vibrator according to subsequent audio signals of the located match audio file after the match audio file is located.
It would have been obvious to one or ordinary skill in the art before the application was effectively filed to have incorporated the reactive programing/protocols of Hamlin into Sharma. Where the results would have been predictable as both Sharma and Hamlin are concerned with entertainment systems that a person is secured or reclining or resting therein, utilizes motion produced, and notes the uses of sensors. Where Hamlin explicitly expresses that sound cues and motion cues external of the current pod/chair. Where advantageously, Hamlin notes “Various combinations of motion, visual, and sound effects produced by the chair may be designed to stimulate various emotional responses in a player”, whereby the use of the systems thereof produce a more immersive and fun experience for the occupant, of which such merit would be granted to Sharma and further improve the responsive capabilities and reactive/more organic engagements of the system.
As previously considered for Sharma in view of Erickson, It is analogously considered that Hamlin avails external stimuli in the form of sound cues “Audio data representing the sound of a coin dropping may be translated into commands or data… Audio data representing an audience clapping, cheering, yelling etc. may be translated into chair motion commands and data that cause the chair to rotate or tilt towards the source of the audio event” [0043] and “the data may be filtered. For example, audio data representing game sounds originating from a wagering game machine associated with a motion capable chair may be filtered out or canceled so that the unfiltered audio data remaining may be for sounds or music external to the wagering game machine (e.g., music played within a casino or by another wagering game machine)” [0056], and furthermore both produces motion and accepts external stimuli to compare and attenuate the operation of the system [0056] and [0043]; and Sharma already considers both the use of an audio recording to operate the chair alongside already considering the use of a sound file for operation [0011], and that sound based signals may attenuate the operation of the system [0017], and that in combination, the comparison of more specifically external data may attenuate the operation of the system in correspondence to the match audio file in the data base that the system runs operably off of. It is therefore considered in the combination prior that the sound system of Sharma with Hamlin’s comparison protocols (and more specifically to sound files and recordings and data thereof) would avail operation of the system and the acceptance of external stimuli to attenuate the operation as by comparing the data, where as set forth in the 112b section prior, it is considered audio files must comprise specific time sequences as explicitly defined by applicant (page 4, lines 18-23) as such explicit definition aligns with the characteristic physics of what sound and the capture thereof concerns.
It should be understood for the sake of conciseness of the record that claims 2-7 may be identically mapped as they have to Sharma as they have been set forth in claims 1-7 under Sharma in view of Erickson; as Sharma is cited for claims 2-7.
Therefore, claims 1-7 respectfully remain rejected under 103 for reasons and rationale as set forth herein.
Response to Arguments
Applicant’s arguments, see Remarks (page 4), filed March 18th, 2026, with respect to 112a R have been fully considered and are persuasive. The 112(a) Rejections of December 23rd, 2025 has been withdrawn.
Particularly the cancellation of the claimed subject matter identified in the claims obviates the previous 112(a) rejection. However, the interpretations put on the record are still considered pertinent to the holistic understanding of the invention and form basis for several interpretations necessitated by applicant’s claim language and newly set forth 112(b) rejections respectfully based upon the amendments proffered by applicant.
Applicant's arguments filed March 18th, 2026 have been fully considered but they are not persuasive.
Particularly Applicants allege (4-6), that Sharma does not provide locating and comparing a match audio file of its operation. However, it is considered that the basal program of Sharma does synonymously indeed appear to provide an operable match audio file that controls the motion of the bed upon activation analogous with applicant’s invention, although there is no ‘alternate’ file perse, applicant’s do not claim an ‘alternate’ file other than the single match audio file. Where it is considered in the operation of Sharma alone, the input of the sensor data (vibration and sound to alter the operation of the system), would be concurrent and precisely the same time (occurring in real time as the ‘premade’ match audio file operates), and may in fact satisfy the claim; particularly because Sharma’s operation provides in at least claim 14, quite explicitly: “wherein the furniture with built-in sensors is provided to make sure that the movement of the furniture is measured and data is given to the computer, wherein the computer can use the data to ensure that the movement is a pleasurable experience for occupants of the furniture.”, where the initial program may respectfully form the ‘matched audio file’ (the chosen audio file, synonymously and effectively a ‘matched’ audio file to user’s preference), and thereafter the data attenuating the operation, but still operating on the initial match audio file (thus controlling actuators and vibrators according to subsequent audio signals of the match audio filed after the match audio file is located {and chosen}); Examiner however still respectfully takes a more generous consideration of applicant’s invention both that initialization may not be autonomous as applicants are seeming to suppose, or that such synchronicity is in some way altering the system’s operation with more than intermittent alteration and disruption by sensing and transmitting data; and Examiner therefore considers both Erickson and Hamlin to provide such systems that constantly sense/listen for numerous external data types while acting upon a found file, such files and sensory data both including sound and audio in a database/local storage. Where as set forth in the Interpretation and 112b section of the instant office action, it’s considered that audio files must possess the time specific sequences, and where Sharma specifically already provides a ‘prepared’ match audio file. Where Sharma particularly provides a database and a plurality of audio files per [0012] “Experts in a field of synchronizing the music to the movements can create files to capture the movements, illumination, fan speeds information with respect to a piece of music, entertainment, or the like. These files with synchronized information may be hosted on remote servers. These files may also be remotely downloaded to the computer that controls the movements of the furniture” (bolded and underlined for emphasis), noting the plural form ‘files’ which provides that multiple files are provided, where a “database” is considered “a usually large collection of data organized especially for rapid search and retrieval (as by a computer)”, particularly noting the term ‘usually’ is an optional aspect, but at a minimum necessitate a collection of data organized, which a collection of files would necessitate particularly “as downloaded to the computer that controls the movement of the furniture”. Thus, establishing some nebulous and broad form of database. Where particularly but respectfully applicant’s do not specify any further narrowness to the database other than it is a collection of files, and it is connected to the control unit and the receiving unit (Where Sharma has provided in [0012] both that there is a database the files may be downloaded specifically to the computer (control unit) that controls the movements of the furniture; and furthermore such database if further connected to the receiving unit as being ‘downloaded’ to the computer that controls the movements.
Therefore, examiner is respectfully not persuaded that Sharma (whether in view of Erickson or Hamlin) fails to provide the features of applicant’s claimed invention, particularly a database for storing multiple audio files at a minimum is provided in Sharma, while respectfully the {autonomous} locating of files to act upon is considered in some respect to nebulously be provided in Sharma, but is more appropriately addressed through Erickson/Hamlin that both respond to stimuli with a database to refer actions and sounds to..
Further with regards to applicant’s allegations (Remarks: pages 5-6) concerning that Erickson and Hamlin only responds to external stimuli and does not act with correspondence to a match audio file, examiner respectfully disagrees. It is considered and explicitly stated by both Erickson and Hamlin that external stimuli are used by the system to attenuate operation and react to such information in the ordinary operation of a baseline program/operation (Erickson: [0041] and Hamlin: [Abstract]/[0015]/[0029]-[0032]/[0035]/[0036]/[0038]/[0041][0042]/[0055]-[0058]/[0062]-[0064]/[0073]/[0083] and claims 1-24). Where Erickson identifies that the external conditions can include people around the system and reaction to those nearby (such condition is recognized to not be intrinsic or internal to the system), while Hamlin specifically calls such information “external stimuli” and can include coins dropping, people cheering, the beat of the tempo of music of the room (even noting isolation of that beat or tempo from the invention’s primary operating outputs). When taken particularly in consideration that Sharma provides the ‘match audio file’ as by its baseline operable audio file, and reactively attenuated in performance by sensor and computation, in combination with either Hamlin or Erickson, the comparison of external stimuli and data would appear to anticipate or make obvious applicant’s claimed invention, where particularly the data type is audio data sensed, transmitted and acted upon. Respectfully, Erickson and Hamlin both do not “merely react to external events or triggers”, but more comprehensively uses those events or triggers to augment a chosen or determined baseline of operation (whether chosen manually or sensed autonomously and profiled by the system), identifying both an anticipation and reproduction of motions corresponding to matched audio & movement profiles and ‘playlists’ from a collection of data.
Therefore, examiner is respectfully not persuaded at the present time that the combination as set forth fails to provide the claimed features of applicant’s invention.
Additionally, regarding applicant’s remarks (pages 5-6) concerning that Erickson/Hamlin do not include a database, Examiner respectfully disagrees, as Erickson, explicitly states “a motion database including the prescribed chair motions, wherein the motion database is accessible to the chair motion management unit.” [0015] and “The motion database 208 can store such prescribed chair movements and events that trigger them.” [0061] (such events including sound/audio based) and “In some embodiments, the chair motion management unit 220 can first determine a set of movements from information in the motion database 208, and then modify the set of motions in accordance with the player-customized chair motion preferences.” [0085]; and “The chair motion management unit 220 can compare the player-induced motion with system-induced motion (if any) of the gaming chair 205, and determine whether to vary the gaming chair motion.” [0108] that avails both an initial file/program, and sensing and acting according to external events outside the systems ordinary procedure, but still operating within the parameters of a subset of the system. While Hamlin explicitly states “For example, a file or "playlist" of commands or data may be selected based on the category. As an example, assume that the categories comprise emotional states. If a "happy" emotional state has been determined, a set of commands that cause the motion capable chair to move in a bouncy lilting manner may be selected while if a "sad" emotional state has been determined, then then a of commands may be selected that cause the chair to move in a more subdued manner. In this example, the selected chair motion commands or data complement the determined category. It should be noted that the chair motion commands or data may be selected to counteract the category. For example, if a "bored" emotional state has been determined, then the chair control unit may select a set of commands or data the cause the chair to move in a more dramatic manner to excite the occupant. Conversely, if an "angry" emotional state has been determined, the chair control unit may select a set of commands or data that cause the chair to gently sway or move in a less dramatic manner in order to calm the occupant.” [0068] and “Preferences can be stored either remotely in a player account database or locally on a memory card carried by the player” [0060], where such ‘playlist’ is effectively a folder of data (a database) actable upon determination, and while such determination can be from personal input, Hamlin also notes emotional states being determined, and thereafter, such actions prescribed being to the matched profile’s files of operation, thereby locating a match file. Respectfully it is considered with Sharma that acts on sound, such determination and action thereon would be moreso with the primary reference Sharma’s sound based files.
Therefore, claims 1-7 remain rejected under 103 in light of Sharma in view of Erickson, and alternatively Sharma in view of Hamlin as set forth previously and as further elucidated in the pertinent sections.
Conclusion
The prior art previously made of record and not relied upon is still 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Luke F Hall whose telephone number is (571)272-5996. The examiner can normally be reached M-F 8am-5pm.
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/LUKE HALL/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673
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