DETAILED ACTION
Notice of Pre-AIA or AIA Status
I. 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
II. This action is in response to applicants amendment/arguments filed on February 17, 2026. This action is made FINAL.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
III. Claims 1-3, 8-11, 14-15, 17, 20, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Alqahtani (US 9,311,827 B1) in view of Morris Bamberg et al. (US 2009/0240171 A1), Kramer (US 2020/0113271 A1), and Raffer et al. (US 2020/0293776 A1).
Regarding claim 1 Alqahtani teaches a visual assistance system (100, Fig. 1) for visually impaired individuals (see col. 4, lines 23-31, assisting of a visually impaired person reads on a visual assistance system for visually impaired individuals) consisting essentially of: (a) a shoe (see col. 4, lines 53-55 and Fig. 3); (b) a plurality of ultrasonic distance-detection sensors affixed to the shoe (see col. 4, lines 66-67 & col. 5, lines 3-8 and Fig. 1 & Fig. 3, The ultrasonic sensor can detect and identify stationary and moving objects or obstacles. The ultrasonic sensor can contain a plurality of sensor devices to sense user’s surroundings. The ultrasonic sensors are included in the device to assist the visually impaired which is affixed to a shoe. This reads on a plurality of ultrasonic distance-detection sensors affixed to the shoe), a programmable location detections system comprising a global-positioning system module integrated with the shoe (see col. 6, lines 1-5 and Fig. 1 & Fig. 3, The GPS tracker can be activated to determine a precise, real-time location of the user, record the position of the user at regular intervals. The GPS tracker is included in the device to assist the visually impaired which is affixed to a shoe. This reads on a programmable location detections system comprising a global-positioning system module integrated with the shoe); a programmable microcontroller (see col. 6, lines 63-67 and col. 7, lines 6-9, The controller 550 of the device to assist the visually impaired can execute programs and instructions to perform the various tasks. This reads on a programmable microcontroller) configured to coordinate real-time data processing from both the plurality of ultrasonic distance-detection sensors and the programmable location detection system (see col. 6, lines 63-67 and col. 7, lines 4-14, The system controller performs multiple tasks, such as processing input signals from the ultrasonic sensor and GPS tracker. The controller is electrically connected to the electronic components of the device to assist the visually impaired which is affixed to a shoe. This reads on coordinating real-time data processing from both the plurality of ultrasonic distance-detection sensors and the programmable location detection system); an alert system in communication with both the plurality of distance-detection sensors and the programmable location detections system, wherein the alert system provides vibrational alerts directly to a user of the shoe based on inputs from both the plurality of ultrasonic distance detection sensors and the programmable location detection system (see col. 1, lines 61-67 and col. 2, lines 1 & 26-52, The device to assist the visually impaired includes an ultrasonic sensor configured to detect an object within a predetermined distance in front of the device and to determine the characteristics of an object and to identify the object. The GPS tracker is configured to determine a real-time location of a user and provide audible and/or tactile information to the user. The device can emit auditory signals or messages when the ultrasonic sensor detects an object. The device can emit vibrations when the ultrasonic sensor detects the object. This reads on an alert system in communication with both the plurality of distance-detection sensors and the programmable location detections system, wherein the alert system provides vibrational alerts directly to a user of the shoe based on inputs from both the plurality of ultrasonic distance detection sensors and the programmable location detection system); and an antenna configured for global-positioning system satellite communications (see col. 6, lines 1-5, The GPS tracker can be activated to determine a precise, real-time location of the user and record the position of the user at regular intervals. The use of an antenna configured for GPS satellite communication is inherent as an antenna is required to receive signals from satellites is essential for a GPS module to function. This reads on an antenna configured for global-positioning system satellite communications).
Alqahtani does not specifically teach at least one ultrasonic distance detection sensor is located at the front of the shoe, and at least one ultrasonic distance detection sensor located on the side or heel of the shoe; the global positioning system module in the interior of the shoe; the programmable controller in the interior of the shoe; the alert system in the interior of the shoe.
Morris Bamberg teaches at least one sensor located at the front of the shoe and at least one sensor located on the side of heel of the shoe (see paragraph [0024], A sensor can be positioned at the toe of the shoe and a sensor can be positioned at the heel of the shoe. This reads on at least one sensor located at the front of the shoe and at least one sensor located on the side of heel of the shoe); and a programmable controller in the interior of the shoe (see paragraph [0026], The sensors are operatively coupled to the electronic processor. The processor can be located in the shoe. The processor and sensors can be formed together on a circuit within the shoe or insole. This reads on a programmable controller in the interior of the shoe).
Kramer teaches a global positioning system module in the interior of the shoe (see paragraphs [0033] & [0040] and Fig. 4, The footwear includes on or more sensors 212. The sensors that can be used include sensors for sensing position of the footwear, such as Global Positioning System (GPS) sensor. This reads on a global positioning system module in the interior of the shoe).
Raffer teaches an ultrasonic sensor located at the front of the shoe and an alert system in the interior of the shoe (see paragraphs [0086]; [0093]; [0157] and Fig. 1, A shoe that allows a person who is visually impaired warns the person about obstacles. The shoe provides feedback to the user using actuator elements. The ultrasonic sensor is installed in the tip of the shoe. The actuator elements are designed as vibration elements which vibrate as a function of a predefined distance value (see paragraphs [0087] – [0088]). This reads on an ultrasonic sensor located at the front of the shoe and an alert system in the interior of the shoe).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the at least one ultrasonic distance-detection sensor, global positioning module, microcontroller, and alert system in Alqahtani adapt to include at least one ultrasonic distance detection sensor is located at the front of the shoe, and at least one ultrasonic distance detection sensor located on the side or heel of the shoe; the global positioning system module in the interior of the shoe; the programmable controller in the interior of the shoe; the alert system in the interior of the shoe as shown above in Morris Bamberg, Kramer, and Raffer because it is well-known that various sensors can be placed at various locations in/within a shoe for the purposes of improvement of a device that ensures that persons who are visually impaired can move about safely in any environment and be warned about obstacles in the environment (see Raffer, paragraphs [0005] & [0086] – [0088]).
Regarding claim 2 Alqahtani teaches wherein the programmable microcontroller is connected to the plurality of ultrasonic distance detection sensors by at least one connection wire (see col. 6, lines 63-67 and col. 7, lines 9-14, The components of the device to assist the visually impaired include the ultrasonic sensor and GPS tracker. The device to assist the visually impaired includes a controller that performs tasks such as processing input signals from the ultrasonic sensor and GPS tracker. The controller is electrically connected to electronic components and mechanical components of the device to assist the visually impaired. This reads on wherein the programmable microcontroller is connected to the plurality of ultrasonic distance detection sensors by at least one connection wire).
Regarding claim 3 Kramer wherein the system further comprises a power source (see paragraph [0006], The shoe can include a power source, such as a rechargeable battery. This reads on wherein the system further comprises a power source).
Regarding claim 8 Alqahtani teaches wherein the alert system comprises an auditory tone alert (see col. 2, lines 27-31, The device to assist the visually impaired includes one or more speakers configured to emit auditory signals. This reads on wherein the alert system comprises an auditory tone alert).
Regarding claim 9 Alqahtani teaches wherein the alert system comprises communication to an external system (see col. 9, lines 51-59, During an emergency situation the controller can connect to a mobile communication device that is integrated with wireless communication interfaces as well as cellular technology. A pre-assigned emergency personal contact or emergency medical service can be contacted over a cellular network. This reads on wherein the alert system comprises communication to an external system).
Regarding claim 10 Alqahtani teaches wherein the programmable microcontroller is further programmed to transmit a remote notification (see col. 9, lines 51-59, During an emergency situation the controller can connect to a mobile communication device that is integrated with wireless communication interfaces as well as cellular technology. A pre-assigned emergency personal contact or emergency medical service can be contacted over a cellular network. This reads on wherein the programmable microcontroller is further programmed to transmit a remote notification).
Regarding claim 11 Alqahtani teaches wherein the remote notification is transmitted to a mobile application (see col. 9, lines 51-59, During an emergency situation the controller can connect to a mobile communication device that is integrated with wireless communication interfaces as well as cellular technology. A pre-assigned emergency personal contact or emergency medical service can be contacted over a cellular network. This reads on wherein the remote notification is transmitted to a mobile application).
Regarding claim 14 Alqahtani teaches a safety alert shoe (100, Fig. 1) for visually impaired individuals (see col. 2, lines 26-39; col. 4, lines 23-31 & 50-60 and Fig. 1 & Fig. 3, A device attached to a user’s shoe for assisting of a visually impaired person by providing auditory signals regarding detected objects reads on a safety alert shoe for visually impaired individuals) consisting essentially of: (a) a shoe (see col. 4, lines 53-55 and Fig. 3); (b) a plurality of ultrasonic distance-detection sensors affixed to the shoe (see col. 4, lines 66-67 & col. 5, lines 3-8 and Fig. 1 & Fig. 3, The ultrasonic sensor can detect and identify stationary and moving objects or obstacles. The ultrasonic sensor can contain a plurality of sensor devices to sense user’s surroundings. The ultrasonic sensors are included in the device to assist the visually impaired which is affixed to a shoe. This reads on a plurality of ultrasonic distance-detection sensors affixed to the shoe), a programmable location detections system comprising a global-positioning system module integrated with the shoe (see col. 6, lines 1-5 and Fig. 1 & Fig. 3, The GPS tracker can be activated to determine a precise, real-time location of the user, record the position of the user at regular intervals. The GPS tracker is included in the device to assist the visually impaired which is affixed to a shoe. This reads on a programmable location detections system comprising a global-positioning system module integrated with the shoe); a programmable microcontroller (see col. 6, lines 63-67 and col. 7, lines 6-9, The controller 550 of the device to assist the visually impaired can execute programs and instructions to perform the various tasks. This reads on a programmable microcontroller) configured to process real-time data from the plurality of ultrasonic distance-detection sensors and the programmable location detection system (see col. 6, lines 63-67 and col. 7, lines 4-14, The system controller performs multiple tasks, such as processing input signals from the ultrasonic sensor and GPS tracker. The controller is electrically connected to the electronic components of the device to assist the visually impaired which is affixed to a shoe. This reads on process real-time data from the plurality of ultrasonic distance-detection sensors and the programmable location detection system); a vibrational alert system in communication with both the plurality of distance-detection sensors and the programmable location detections system and configured to alert the user wearing the shoe through coordinated processing of data from the plurality of ultrasonic distance-detection sensors and the programmable location detection system (see col. 1, lines 61-67 & col. 2, lines 1 & 26-52 and Fig. 1 & Fig. 3, The device to assist the visually impaired includes an ultrasonic sensor configured to detect an object within a predetermined distance in front of the device and to determine the characteristics of an object and to identify the object. The GPS tracker is configured to determine a real-time location of a user and provide tactile information to the user. The device can emit vibrations when the ultrasonic sensor detects objects around the user. This reads on a vibrational alert system in communication with both the plurality of distance-detection sensors and the programmable location detections system and configured to alert the user wearing the shoe through coordinated processing of data from the plurality of ultrasonic distance-detection sensors and the programmable location detection system); and an antenna integrated with the shoe for global-positioning system satellite communications (see col. 6, lines 1-5, The GPS tracker can be activated to determine a precise, real-time location of the user and record the position of the user at regular intervals. The use of an antenna configured for GPS satellite communication is inherent as an antenna is required to receive signals from satellites is essential for a GPS module to function. This reads on an antenna integrated with the shoe for global-positioning system satellite communications).
Alqahtani does not specifically teach at least one ultrasonic distance detection sensor is located at the front of the shoe, and at least one ultrasonic distance detection sensor located on the side or heel of the shoe; the global positioning system module in the interior of the shoe; the programmable controller in the interior of the shoe; the vibrational alert system in the interior of the shoe.
Morris Bamberg teaches at least one sensor located at the front of the shoe and at least one sensor located on the side of heel of the shoe (see paragraph [0024], A sensor can be positioned at the toe of the shoe and a sensor can be positioned at the heel of the shoe. This reads on at least one sensor located at the front of the shoe and at least one sensor located on the side of heel of the shoe); and a programmable controller in the interior of the shoe (see paragraph [0026], The sensors are operatively coupled to the electronic processor. The processor can be located in the shoe. The processor and sensors can be formed together on a circuit within the shoe or insole. This reads on a programmable controller in the interior of the shoe).
Kramer teaches a global positioning system module in the interior of the shoe (see paragraphs [0033] & [0040] and Fig. 4, The footwear includes on or more sensors 212. The sensors that can be used include sensors for sensing position of the footwear, such as Global Positioning System (GPS) sensor. This reads on a global positioning system module in the interior of the shoe).
Raffer teaches an ultrasonic sensor located at the front of the shoe and a vibration alert system in the interior of the shoe (see paragraphs [0086]; [0093]; [0157] and Fig. 1, A shoe that allows a person who is visually impaired warns the person about obstacles. The shoe provides feedback to the user using actuator elements. The ultrasonic sensor is installed in the tip of the shoe. The actuator elements are designed as vibration elements which vibrate as a function of a predefined distance value (see paragraphs [0087] – [0088]). This reads on an ultrasonic sensor located at the front of the shoe and a vibrational alert system in the interior of the shoe).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the at least one ultrasonic distance-detection sensor, global positioning module, microcontroller, and alert system in Alqahtani adapt to include at least one ultrasonic distance detection sensor is located at the front of the shoe, and at least one ultrasonic distance detection sensor located on the side or heel of the shoe; the global positioning system module in the interior of the shoe; the programmable controller in the interior of the shoe; the alert system in the interior of the shoe as shown above in Morris Bamberg, Kramer, and Raffer because it is well-known that various sensors can be placed at various locations in/within a shoe for the purposes of improvement of a device that ensures that persons who are visually impaired can move about safely in any environment and be warned about obstacles in the environment (see Raffer, paragraphs [0005] & [0086] – [0088]).
Regarding claim 15 Alqahtani teaches one or more connection wires; and the programmable microcontroller is connected to the plurality of ultrasonic distance-detection sensors by the one or more connection wires (see col. 6, lines 63-67 and col. 7, lines 9-14, The components of the device to assist the visually impaired include the ultrasonic sensor and GPS tracker. The device to assist the visually impaired includes a controller that performs tasks such as processing input signals from the ultrasonic sensor and GPS tracker. The controller is electrically connected to electronic components and mechanical components of the device to assist the visually impaired. This reads on one or more connection wires; and the programmable microcontroller is connected to the plurality of ultrasonic distance-detection sensors by the one or more connection wires).
Regarding claim 17 Alqahtani teaches a method of providing assistance to a visually impaired individual (see col. 4, lines 23-31, providing assistance to a visually impaired individual reads on a visual assistance system for visually impaired individuals) consisting essentially of: (a) sensing if an object is within a designated proximity from the individual using a plurality of ultrasonic distance detection sensors positioned on a shoe worn by the individual (see col. 1, lines 61-67; col. 5, lines 3-8 & 36-41 & 55-62 and Fig. 1 & Fig. 3, An ultrasonic sensor is configured to detect an object within a predetermined distance in front of the device to assist the visually impaired. The ultrasonic sensor can contain a plurality of sensor devices to sense user’s surroundings. The device to assist the visually impaired is attached to a shoe. The ultrasonic sensors are included in the device to assist the visually impaired which is affixed to a shoe. The device detects an object within a predetermined distance in front of the device with the ultrasonic sensor. This reads on (a) sensing if an object is within a designated proximity from the individual using a plurality of ultrasonic distance detection sensors positioned on a shoe worn by the individual), wherein the designated proximity is less than 450 centimeters (see col. 5, lines 36-41, The ultrasonic sensor can be an ultrasonic transducer that detects objects that are in front of it within proximity of 2 centimeters to 3 meters by emitting ultrasonic vibrations. This reads on wherein the designated proximity is less than 450 centimeters); monitoring the individual’s location using a programmable location detection system comprising a global-positioning system module integrated with the shoe (see col. 6, lines 1-5 and Fig. 1 & Fig. 3, The GPS tracker can be activated to determine a precise, real-time location of the user, record the position of the user at regular intervals. The GPS tracker is included in the device to assist the visually impaired which is affixed to a shoe. This reads on monitoring the individual’s location using a programmable location detection system comprising a global-positioning system module integrated with the shoe); coordinating real-time data from both the plurality of ultrasonic distance-detection sensors and the programmable location detection system using a programmable microcontroller (see col. 6, lines 63-67 and col. 7, lines 4-14, The system controller performs multiple tasks, such as processing input signals from the ultrasonic sensor and GPS tracker. The controller is electrically connected to the electronic components of the device to assist the visually impaired which is affixed to a shoe. This reads on coordinating real-time data from both the plurality of ultrasonic distance-detection sensors and the programmable location detection system using a programmable microcontroller); (d) notifying an alert system based on real-time data from both the plurality of ultrasonic distance-detection sensors and the programmable location detection system; and alerting the individual wearing the shoe using a vibration based on the processing of data from both the plurality of ultrasonic distance-detection sensors and the programmable location detection system (see col. 1, lines 61-67 and col. 2, lines 1 & 26-52, The device to assist the visually impaired includes an ultrasonic sensor configured to detect an object within a predetermined distance in front of the device and to determine the characteristics of an object and to identify the object. The GPS tracker is configured to determine a real-time location of a user and provide audible and/or tactile information to the user. The device can emit auditory signals or messages when the ultrasonic sensor detects an object. The device can emit vibrations when the ultrasonic sensor detects the object. This reads on (d) notifying an alert system based on real-time data from both the plurality of ultrasonic distance-detection sensors and the programmable location detection system; and alerting the individual wearing the shoe using a vibration based on the processing of data from both the plurality of ultrasonic distance-detection sensors and the programmable location detection system).
Alqahtani does not specifically teach at least one ultrasonic distance detection sensor is located at the front of the shoe, and at least one ultrasonic distance detection sensor located on the side or heel of the shoe; the global positioning system module in the interior of the shoe; the programmable controller in the interior of the shoe; the alert system in the interior of the shoe.
Morris Bamberg teaches at least one sensor located at the front of the shoe and at least one sensor located on the side of heel of the shoe (see paragraph [0024], A sensor can be positioned at the toe of the shoe and a sensor can be positioned at the heel of the shoe. This reads on at least one sensor located at the front of the shoe and at least one sensor located on the side of heel of the shoe); and a programmable controller in the interior of the shoe (see paragraph [0026], The sensors are operatively coupled to the electronic processor. The processor can be located in the shoe. The processor and sensors can be formed together on a circuit within the shoe or insole. This reads on a programmable controller in the interior of the shoe).
Kramer teaches a global positioning system module in the interior of the shoe (see paragraphs [0033] & [0040] and Fig. 4, The footwear includes on or more sensors 212. The sensors that can be used include sensors for sensing position of the footwear, such as Global Positioning System (GPS) sensor. This reads on a global positioning system module in the interior of the shoe).
Raffer teaches an ultrasonic sensor located at the front of the shoe and an alert system in the interior of the shoe (see paragraphs [0086]; [0093]; [0157] and Fig. 1, A shoe that allows a person who is visually impaired warns the person about obstacles. The shoe provides feedback to the user using actuator elements. The ultrasonic sensor is installed in the tip of the shoe. The actuator elements are designed as vibration elements which vibrate as a function of a predefined distance value (see paragraphs [0087] – [0088]). This reads on an ultrasonic sensor located at the front of the shoe and an alert system in the interior of the shoe).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the at least one ultrasonic distance-detection sensor, global positioning module, microcontroller, and alert system in Alqahtani adapt to include at least one ultrasonic distance detection sensor is located at the front of the shoe, and at least one ultrasonic distance detection sensor located on the side or heel of the shoe; the global positioning system module in the interior of the shoe; the programmable controller in the interior of the shoe; the alert system in the interior of the shoe as shown above in Morris Bamberg, Kramer, and Raffer because it is well-known that various sensors can be placed at various locations in/within a shoe for the purposes of improvement of a device that ensures that persons who are visually impaired can move about safely in any environment and be warned about obstacles in the environment (see Raffer, paragraphs [0005] & [0086] – [0088]).
Regarding claim 20 Alqahtani teaches wherein the alert is provided through a mobile application (see col. 9, lines 51-59, During an emergency situation the controller can connect to a mobile communication device that is integrated with wireless communication interfaces as well as cellular technology. A pre-assigned emergency personal contact or emergency medical service can be contacted over a cellular network. This reads on wherein the alert is provided through a mobile application).
Regarding claim 22 Morris Bamberg teaches a plurality of sensors that are positioned on the front, sides, and heel of the shoe (see paragraph [0024], A sensor can be positioned at the toe of the shoe, a sensor can be positioned at the heel of the shoe, and a sensor can be positioned in the arch of the shoe. This reads on a plurality of sensors that are positioned on the front, sides, and heel of the shoe).
Regarding claim 23 Morris Bamberg teaches a plurality of sensors that are positioned on the front, sides, and heel of the shoe (see paragraph [0024], A sensor can be positioned at the toe of the shoe, a sensor can be positioned at the heel of the shoe, and a sensor can be positioned in the arch of the shoe. This reads on a plurality of sensors that are positioned on the front, sides, and heel of the shoe).
IV. Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Alqahtani (US 9,311,827 B1) in view of Morris Bamberg et al. (US 2009/0240171 A1), Kramer (US 2020/0113271 A1), Raffer et al. (US 2020/0293776 A1), and Shugert et al. (US 2021/0236022 A1).
Regarding claim 12 Alqahtani, Morris Bamberg, Kramer, and Raffer teach the visual assistance system of claim 1 except for wherein the programmable location detection system is programmed to define a safe zone.
Shugert teaches wherein the programmable location detection system is programmed to define a safe zone (see paragraph [0060], A user can be detected to have gone beyond a predefined set of coordinates associated representing a safe zone boundary. This reads on being programmed to define a safe zone).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the distance detection system of the Alqahtani, Morris Bamberg, Kramer, and Raffer combination adapt to include being programmed to define a safe zone because it would further improve detection of an environment to improve safety for impaired users (see Shugert, paragraphs [0006] & [0060]).
Regarding claim 13 Shugert teaches wherein the safe zone is defined using one or more global positioning system coordinates (see paragraph [0057, Proximity data and GPS data are incorporated into AI analysis to learn the typical surroundings of the user, for example the floorplan of the user’s house. This reads on herein the safe zone is defined using one or more global positioning system coordinates because typical surroundings of the user indicate a safe zone).
V. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Alqahtani (US 9,311,827 B1) in view of Morris Bamberg et al. (US 2009/0240171 A1), Kramer (US 2020/0113271 A1), Raffer et al. (US 2020/0293776 A1), and Bonazzoli et al. (US 2019/0364510 A1).
Regarding claim 21 Alqahtani, Morris Bamberg, Kramer, and Raffer teach the method of claim 17 except for establishing a designated safe zone by recording global-positioning system coordinates at four boundary corners using at least one of a mobile application, GPS technology, or an Internet-based map website.
Bonazzoli teaches establishing a designated safe zone by recording global-positioning system coordinates at four boundary corners using at least one of a mobile application, GPS technology, or an Internet-based map website (see paragraph [0031], The emergency area for example, can be defined by GPS coordinates of vertexes of a polygon enclosing it. A polygon includes a quadrilateral with four corners. This reads on establishing a designated safe zone by recording global-positioning system coordinates at four boundary corners using GPS technology).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the Alqahtani, Morris Bamberg, Kramer, and Raffer combination adapt to include establishing a designated safe zone by recording global-positioning system coordinates at four boundary corners using at least one of a mobile application, GPS technology, or an Internet-based map website because it would allow for an efficient and well-known mechanism for further providing assistance to the visually impaired by providing areas of safety for the visually impaired.
Response to Arguments
VI. Regarding claims 1, 14, and 17 applicant's arguments filed February 17, 2026 have been fully considered but they are not persuasive.
In response to applicant's argument that a person skilled in the art reading Alqahtani would not be motivated to move the alert system to the interior of the shoe in view and that in doing so would change the principle operation of the Alqahtani, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, Alqahtani, Morris Bamberg, Kramer, and Raffer are all directed to a shoe or other footwear device with sensors affixed for the purpose of determining and/or measuring distance and position and providing feedback based on the sensor input. The references show that various sensors can be placed at various locations in/within a shoe and the sensor arrangement may be used for the purposes of improvement of a device that ensures that persons who are visually impaired can move about safely in any environment and be warned about obstacles in the environment (see Raffer, paragraphs [0005] & [0086] – [0088]).
Therefore, the 35 U.S.C. 103 rejection of claims 1, 14, and 17 will remain. Claims 2-3, 8-11, 15, 20, and 22-23 remain rejected under 35 U.S.C. 103 as being unpatentable over Alqahtani, Morris Bamberg, Kramer, and Raffer. Claims 12-13 remain rejected under 35 U.S.C. 103 as being unpatentable over Alqahtani, Morris Bamberg, Kramer, Raffer, and Shugert. Claim 21 remains rejected under 35 U.S.C. 103 as being unpatentable over Alqahtani, Morris Bamberg, Kramer, Raffer, and Bonazzoli.
Conclusion
VII. 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 BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F.
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/BRANDON J MILLER/Primary Examiner, Art Unit 2647
February 26, 2026