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 .
Reply to Response to Non-Final Rejection
This is a Final office action in response to communications filed on May 26,
2026. Applicant amended claims 1-2, 5-11, 14-15, and 17-20. Examiner withdraws the objections to claims 1-2, 6-7, and 18-19. Claims 1-20 remain pending in the application.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Step 1: Does the claimed invention fall inside one of the four statutory categories (process, machine, manufacture, or composition of matter)? Yes for claims 1-20. Claims 1-10 are drawn to a computer-implemented method of accessible computer-user interactions (i.e., a process). Claims 11-20 are drawn to a system of accessible game-user interactions (i.e., a manufacture).
Step 2A - Prong One: Do the claims recite a judicial exception (an abstract idea enumerated in the 2019 PEG, a law of nature, or a natural phenomenon)? Yes, for claims 1-20.
Claim 1 recites:
A computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising:
displaying a graphical user interface on a display screen of a device, wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, and wherein the graphical user interface further comprises a graphical element that represents a portion of a logical problem of the assessment examination, and wherein the graphical element is at a first position in the graphical user interface;
receiving a signal indicative of placement of a physical object comprising a partially conductive base onto the display screen above the graphical element, wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base;
repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user;
after repositioning the graphical element, generating an audio file using a speech synthesizer, wherein the audio file comprises one or more segments of synthesized speech that describe the second position of the graphical element on the graphical user interface audibly playing the audio file by a speaker of the device to help the user understand an effect of the physical movement of the physical object;
and generating a portion of an assessment score based at least in part on one or more of the signal and the repositioning of the graphical element.
The underlined steps amount to a form of mental process and organizing human activity (i.e., an abstract idea) because a human can provide an assessment examination consisting of logical problems, assign signal indicators for placement and movement of physical objects, and determine an assessment score based on movement of a physical object. The steps that include “receiving a signal... based on alteration of a capacitance; generating an audio file using a speech synthesizer; and audibly playing the audio file” amount to mechanisms for a human to generate data that can assist in determining an assessment score. The claimed invention discloses “conventional assessment providers may administer digital assessments” [0005].
Independent claim 11 describes steps that are parallel to steps of claim 1 (and therefore recite limitations that fall within this subject matter of grouping abstract ideas), and these claims are therefore determined to recite an abstract idea under the same analysis. Dependent claims 2-10 and 12-20 are directed towards mini-tasks (receiving multiple signal indicators, repositioning a physical object, providing audible instructions for completing the assessment, determining an assessment score, etc.) for a system of accessible game-user interactions. Each claim amounts to a form of collecting, generating, and analyzing information, and therefore falls within the scope of a method for organizing human activity, (i.e., an abstract idea). As such, the Examiner concludes that claims 2-10 and 12-20 recite an abstract idea.
Step 2A – Prong Two: Do the claims recite additional elements that integrate the exception into a practical application of the exception? No
In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “additional element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
The requirement to execute the claimed steps/functions using a computer, a graphical user interface (which uses both memory and processor resources), a speech synthesizer (which uses a computer system), memory, and a processing device (independent claims 1 and 11 and dependent claims 2-10 and 12-20) is equivalent to adding the words “apply it” on a computer and/or instructions to implement the abstract idea on a computer.
Similarly, the limitations of a computer, a graphical user interface (which uses both memory and processor resources), a speech synthesizer (which uses a computer system), memory, and a processing device (independent claims 1 and 11 and dependent claims 2-10 and 12-20) are recited at a high level of generality and amount to no more than instructions to apply the exception using computer components. These limitations do not impose any meaningful limits on practicing the abstract idea, and therefore do not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
Use of a computer, processor, memory or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015) (See MPEP 2106.05(f)).
Further, the additional limitations beyond the abstract idea identified above, serve to link the use of the judicial exception to a particular technological environment or field of use. Specifically, they serve to limit the application of the abstract idea to a computerized environment (e.g., identifying and displaying, etc.) performed by a computing device, processor, and memory, etc. This reasoning was demonstrated in Intellectual Ventures I LLC v. Capital One Bank (Fed. Cir. 2015), where the court determined “an abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer”). These limitations do not impose any meaningful limits on practicing the abstract idea, and therefore do not integrate the abstract idea into a practical application (see MPEP 2106.05(h)).
Dependent claims 2-10 and 12-20 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims are further part of the abstract idea as identified by the Examiner for each respective independent claim (i.e., they are part of the abstract idea recited in each respective claim). The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claims are directed to an abstract idea.
Step 2B: Does the claim as a whole amount to significantly more than the judicial exception? i.e., Are there any additional elements (features/limitations/step) recited in the claim beyond the abstract idea? No
In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, are sufficient to ensure that the claims amount to significantly more than the judicial exception. This analysis is also termed a search for an “inventive concept.” An “inventive concept” is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amount to significantly more than the judicial exception itself. Alice Corp., 573 U.S. at 27-18, 110 USPQ2d at 1981 (citing Mayo, 566 U.S. at 72-73, 101 USPQ2d at 1966).
As discussed above in “Step 2A – Prong Two”, the identified additional elements in independent claims 1 and 11 and dependent claims 2-10 and 12-20 are equivalent to adding the words “apply it” on a computer, and/or generally link the use of the judicial exception to a particular technological environment or field of use. Therefore, the claims as a whole do not amount to significantly more than the judicial exception itself.
Viewing the additional limitations in combination also shows that they fail to ensure the claims amount to significantly more than the abstract idea. When considered as an ordered combination, the additional components of the claims add nothing that is not already present when considered separately, and thus simply append the abstract idea with words equivalent to “apply it” on a computer and/or instructions to implement the abstract idea on a computer or/and append the abstract idea with insignificant extra solution activity associated with the implementation of the judicial exception, (e.g., data gathering, post-solution activity) and/or simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.
Dependent claims 2-10 and 12-20 fail to include any additional elements. In other words, each of the limitations/elements recited in respective independent claims are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea recited in each respective claim). The Examiner has therefore determined that no additional element, or combination of additional claim elements are sufficient to ensure the claims amount to significantly more than the abstract idea identified above. Therefore, claims 1-20 are not eligible subject matter under 35 USC 101.
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable under US 20190361721 A1 (“Massoudi”) in view of US 20160063881 A1 (“Brinton”), US 20160180734 A1 (“Shi”), and US 20190156222 A1 (“Emma”).
In regards to claim 1, Massoudi discloses the following limitations with the exception of the underlined limitations.
A computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising ([0011], “embodiments of the disclosure relate ... to computer implemented ... methods to define user-computer interactions”): displaying a graphical user interface on a display screen of a device ([0033], “the ... document, is ... displayed .... using a ... graphical user interface window on a display of a computing device”), wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, and wherein the graphical user interface further comprises a graphical element that represents ([0018], “FIG. 1 shows … a method to … superimpose … interaction widgets ” Examiner notes that an interaction widget is a graphical element.) a portion of a logical problem of the assessment examination, and wherein the graphical element is at a first position in the graphical user interface ([0033], “the … document … is imported into an Interaction Authoring Tool (IAT) … using a … graphical user interface … The IAT … displays … interaction widgets”);
receiving a signal indicative of placement ([0076], “the widgets … provide a set of general interaction capabilities … These capabilities may include … the ability to capture media (ex. video, pictures, sound)” Examiner notes that capturing media includes the process of receiving signals.) of a physical object comprising a partially conductive base onto the display screen above the graphical element ([0033], “the ... document, is imported into an Interaction Authoring Tool (IAT) ... and displayed .... using a ... graphical user interface window on a display of a computing device. The IAT … displays … interaction widgets”), wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base;
repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position ([0033], “the … document … is imported into an Interaction Authoring Tool (IAT) … using a … graphical user interface … The IAT … displays … interaction widgets”), responsive to physical movement of the physical object on the display screen ([0066], “The … widget can … invoke specific API’s on the processor” Examiner notes that an API can be used to reposition a widget, which is referred to as a graphical element in the claimed invention.) by a user ([0061], “an input widget … used to take user input … is placed relative to the position of a containing interaction widget”);
after repositioning the graphical element ([0061], “an input widget … used to take user input … is placed relative to the position of a containing interaction widget”), generating an audio file using a speech synthesizer, wherein the audio file comprises one or more segments of synthesized speech that describe the second position of the graphical element on the graphical user interface ([0033], “the ... document, is imported into an Interaction Authoring Tool (IAT) ... and displayed .... using a ... graphical user interface window on a display of a computing device. The IAT … displays … interaction widgets”) audibly playing the audio file by a speaker of the device to help the user understand an effect of the physical movement of the physical object and generating a portion of an assessment score based at least in part on one or more of the signal and the repositioning of the graphical element ([0061], “an input widget … used to take user input … is placed relative to the position of a containing interaction widget”).
Brinton discloses
wherein the graphical user interface comprises a virtual assessment ([0090], “To facilitate assessment creation, the Assessment Manager module includes a graphical user interface”), wherein the virtual assessment is representative of an assessment examination ([0089], “assessment course material can include … comprehensive exams”), a portion of a logical problem of the assessment examination ([0090], “the Assessment Manager module includes a graphical user interface ..., which can be used to author ... questions” Examiner notes that a logical problem is a type of question.);
and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal ([0041], “Behaviors can correlate to potential test results, particularly correct on first attempt (CFA) results … CFA is a binary measure, equal to 1 if the user answered a question correctly on the first attempt, and 0 otherwise” Examiner notes that test results are closely related to an assessment score.),
Massoudi and Brinton combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to assist instructors in understanding learning behavior. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, a portion of a logical problem of the assessment examination; and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal, as disclosed by Brinton, to provide an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior. One skilled in the art would understand and recognize the value of the addition of an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior.
Shi discloses
of a physical object ([0037], “The embodiments of the present invention provide … a system … using physical objects in conjunction with an interactive surface”)
comprising a partially conductive base ([0034], “an electric conductive material … can … be used”)
wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base ([0034], “an electric conductive material … to alter the capacitive property of an object can also be used”)
the physical object ([0037], “The embodiments of the present invention provide … a system … using physical objects in conjunction with an interactive surface”)
Massoudi and Shi combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to enable a user to learn a language using physical objects. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, of a physical object comprising a partially conductive base wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base the physical object, as disclosed by Shi, to provide physical objects, an interactive surface, and an electric conductive material for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format. One skilled in the art would understand and recognize the value of the addition of physical objects, an interactive surface, and an electric conductive material for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format.
Emma discloses
generating an audio file using ([0117], “the input is … stored as an audio file”) a speech synthesizer ([0117], “a text-to-speech synthesizer … converts the text into … speech output”), wherein the audio file comprises one or more segments of synthesized speech that describe ([0117], “A voice training algorithm … applies a voice model to the text-to-speech (TTS) synthesizer … the TTS synthesizer … should convert the output … into a response audio file”)
audibly playing the audio file by a speaker of the device to help the user understand an effect of ([0117], “the toy … plays the … audio file … through … speakers”)
the physical movement of ([0040], “the stimulus is a movement of the … toy”)
Massoudi and Emma combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and artificial intelligence related to digital assistants. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, generating an audio file using a speech synthesizer, wherein the audio file comprises one or more segments of synthesized speech that describe audibly playing the audio file by a speaker of the device to help the user understand an effect of the physical movement of, as disclosed by Emma, to provide an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants. One skilled in the art would understand and recognize the value of the addition of an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants.
In regards to claim 2, Massoudi discloses the following limitations with the exception of the underlined limitations.
wherein the graphical user interface further comprises ([0033], “the ... document, is ... displayed .... using a ... graphical user interface”) a plurality of graphical elements that each represent ([0039], “FIG. 5 shows … interaction widgets” Examiner notes that an interaction widget is a graphical element.) a different portion of the logical problem of the assessment examination, and wherein the method further comprises: receiving a plurality of signals indicative of placement of ([0076], “the widgets … provide a set of general interaction capabilities … These capabilities may include … the ability to capture media (ex. video, pictures, sound)” Examiner notes that capturing media includes the process of receiving signals.) respective physical objects onto the display screen above a corresponding graphical element of the plurality of graphical elements ([0033], “the ... document, is imported into an Interaction Authoring Tool (IAT) ... and displayed .... using a ... graphical user interface window on a display of a computing device. The IAT … displays … interaction widgets”);
repositioning individual graphical elements of the plurality of graphical elements responsive to physical movement of a corresponding physical object ([0061], “an input widget … used to take user input … is placed relative to the position of a containing interaction widget”);
and generating additional portions of the assessment score based on the plurality of signals and the repositioning of the individual graphical element of the plurality of graphical elements.
Brinton discloses
a different portion of the logical problem of the assessment examination, and wherein the method further comprises ([0090], “the Assessment Manager module includes a graphical user interface ..., which can be used to author ... questions” Examiner notes that a logical problem is a type of question.):
and generating additional portions of the assessment score based on the plurality of signals and the repositioning of the individual graphical element of the plurality of graphical elements ([0041], “Behaviors can correlate to potential test results, particularly correct on first attempt (CFA) results … CFA is a binary measure, equal to 1 if the user answered a question correctly on the first attempt, and 0 otherwise” Examiner notes that test results are closely related to an assessment score.).
Massoudi and Brinton combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to assist instructors in understanding learning behavior. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, a portion of a logical problem of the assessment examination; and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal, a different portion of the logical problem of the assessment examination, and wherein the method further comprises: and generating additional portions of the assessment score based on the plurality of signals and the repositioning of the individual graphical element of the plurality of graphical elements, as disclosed by Brinton, to provide an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior. One skilled in the art would understand and recognize the value of the addition of an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior.
Shi discloses
respective physical objects onto ([0037], “The embodiments of the present invention provide … a system … using physical objects in conjunction with an interactive surface”)
Massoudi and Shi combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to enable a user to learn a language using physical objects. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, of a physical object comprising a partially conductive base wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base the physical object, respective physical objects onto, as disclosed by Shi, to provide physical objects, an interactive surface, and an electric conductive material for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format. One skilled in the art would understand and recognize the value of the addition of physical objects, an interactive surface, and an electric conductive material for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format.
In regards to claim 3, Massoudi does not disclose wherein the assessment examination is a test for assessment of a vocational candidate.
Brinton discloses
wherein the assessment examination is a test for assessment of a vocational candidate ([0019], “The baseline course may … contain automated individualization, meaning that the various modes are adapted to each specific user …. One can think of a user model as encompassing … as … user's test results ”).
Massoudi and Brinton combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to assist instructors in understanding learning behavior. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, a portion of a logical problem of the assessment examination; and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal, wherein the assessment examination is a test for assessment of a vocational candidate, as disclosed by Brinton, to provide an assessment manager, a graphical user interface, assessment course material, comprehensive exams, test results, and a baseline course for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior. One skilled in the art would understand and recognize the value of the addition of an assessment manager, a graphical user interface, assessment course material, comprehensive exams, test results, and a baseline course for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior.
In regards to claim 4, Massoudi discloses the following limitations with the exception of the underlined limitation.
wherein the graphical user interface further comprises one or more instructional elements comprising indicia ([0033], “the ... document, is ... displayed .... using a ... graphical user interface” Examiner notes that indicia is inherently part of a graphical user interface.) that represent instructions to complete ([0018], “FIG. 1 shows … a … user-computer interaction … through superimpose/overlay of interaction widgets on top of content blocks of any … instructions, instructional manual”) the virtual assessment.
Brinton discloses
the virtual assessment ([0090], “To facilitate assessment creation, the Assessment Manager module includes a graphical user interface”).
Massoudi and Brinton combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to assist instructors in understanding learning behavior. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, a portion of a logical problem of the assessment examination; and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal, the virtual assessment, as disclosed by Brinton, to provide an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior. One skilled in the art would understand and recognize the value of the addition of an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior.
In regards to claim 5, Massoudi discloses the following limitation with the exception of the underlined limitations.
wherein the one or more segments of synthesized speech include the instructions to complete the virtual assessment ([0018], “FIG. 1 shows … a … user-computer interaction … through superimpose/overlay of interaction widgets on top of content blocks of any … instructions, instructional manual”).
Emma discloses
wherein the one or more segments of synthesized speech ([0117], “a text-to-speech synthesizer … converts the text into … speech output”)
Massoudi and Emma combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and artificial intelligence related to digital assistants. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, include the instructions to complete the virtual assessment, as disclosed by Massoudi, generating an audio file using a speech synthesizer, wherein the audio file comprises one or more segments of synthesized speech that describe audibly playing the audio file by a speaker of the device to help the user understand an effect of the physical movement of, wherein the one or more segments of synthesized speech, as disclosed by Emma, to provide an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants. One skilled in the art would understand and recognize the value of the addition of an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants.
In regards to claim 6, Massoudi does not disclose one or more segments of synthesized speech describe the logical problem.
Emma discloses
one or more segments of synthesized speech describe the logical problem ([0117], “a text-to-speech synthesizer … converts the text into … speech output”).
Massoudi and Emma combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and artificial intelligence related to digital assistants. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, include the instructions to complete the virtual assessment, as disclosed by Massoudi, generating an audio file using a speech synthesizer, wherein the audio file comprises one or more segments of synthesized speech that describe audibly playing the audio file by a speaker of the device to help the user understand an effect of the physical movement of, one or more segments of synthesized speech describe the logical problem, as disclosed by Emma, to provide an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants. One skilled in the art would understand and recognize the value of the addition of an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants.
In regards to claim 7, Massoudi does not disclose wherein the assessment score indicates at least one of: whether a solution to the logical problem indicated by the repositioning of the graphical element is right or wrong; or whether a mistake was committed and corrected.
Brinton discloses
wherein the assessment score indicates at least one of: whether a solution to the logical problem indicated by the repositioning of the graphical element is right or wrong; or whether a mistake was committed and corrected ([0041], “Behaviors can correlate to potential test results, particularly correct on first attempt (CFA) results … CFA is a binary measure, equal to 1 if the user answered a question correctly on the first attempt, and 0 otherwise” Examiner notes that test results are closely related to an assessment score.).
Massoudi and Brinton combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to assist instructors in understanding learning behavior. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, a portion of a logical problem of the assessment examination; and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal, wherein the assessment score indicates at least one of: whether a solution to the logical problem indicated by the repositioning of the graphical element is right or wrong; or whether a mistake was committed and corrected, as disclosed by Brinton, to provide an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior. One skilled in the art would understand and recognize the value of the addition of an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior.
In regards to claim 8, Massoudi does not disclose wherein the physical object further comprises: an upper portion disposed on the partially conductive base, wherein the upper portion is a physical representation of the graphical element, and wherein the physical representation includes at least one or more of: texture that represents the graphical element, features identifiable by touch that represent the graphical element, or braille embossing that describes at least a portion of the graphical element.
Shi discloses
wherein the physical object further comprises ([0004], “The present invention relates to … an interactive surface using physical objects”): an upper portion disposed on the partially conductive base ([0034], “an electric conductive material … to alter the capacitive property of an object can … be used”), wherein the upper portion is a physical representation of the graphical element, and wherein the physical representation includes at least one or more of texture that represents the graphical element, features identifiable by touch that represent the graphical element, or braille embossing that describes at least a portion of the graphical element ([0034], “the interaction designer ... may ... set other properties available on the widget that may include look and feel properties” Examiner notes that a widget is a graphical element and that feel properties involve the texture experience resulting from the physical act of touching.).
Massoudi and Shi combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to enable a user to learn a language using physical objects. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, of a physical object comprising a partially conductive base wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base the physical object, wherein the physical object further comprises: an upper portion disposed on the partially conductive base, wherein the upper portion is a physical representation of the graphical element, and wherein the physical representation includes at least one or more of: texture that represents the graphical element, features identifiable by touch that represent the graphical element, or braille embossing that describes at least a portion of the graphical element, as disclosed by Shi, to provide physical objects, an interactive surface, an electric conductive material, and an interaction designer for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format. One skilled in the art would understand and recognize the value of the addition of physical objects, an interactive surface, an electric conductive material, and an interaction designer for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format.
In regards to claim 9, Massoudi does not disclose further comprising periodically audibly playing additional synthesized speech that describes a state of the virtual assessment.
Emma discloses
further comprising periodically audibly playing ([0091], “the AI system is able to graphically prompt a user … audibly”) additional synthesized speech that describes a state of the virtual assessment ([0117], “a text-to-speech synthesizer … converts the text into … speech output”).
Massoudi and Emma combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and artificial intelligence related to digital assistants. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, generating an audio file using a speech synthesizer, wherein the audio file comprises one or more segments of synthesized speech that describe audibly playing the audio file by a speaker of the device to help the user understand an effect of the physical movement of, further comprising periodically audibly playing, additional synthesized speech that describes a state of the virtual assessment, as disclosed by Emma, to provide an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants. One skilled in the art would understand and recognize the value of the addition of an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants.
Brinton discloses
a state of the virtual assessment ([0090], “To facilitate assessment creation, the Assessment Manager module includes a graphical user interface”).
Massoudi and Brinton combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to assist instructors in understanding learning behavior. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, a portion of a logical problem of the assessment examination; and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal, a state of the virtual assessment, as disclosed by Brinton, to provide an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior. One skilled in the art would understand and recognize the value of the addition of an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior.
In regards to claim 10, Massoudi does not disclose further comprising periodically applying haptic feedback responsive to the physical movement of the physical object on the display screen.
Shi discloses
further comprising periodically applying haptic feedback responsive to movement of the physical object on the display screen ([0045], “Each time a card ... is placed on the interactive surface ..., the processor ... via the capacitance sensor, analyzes the language elements assigned to the cards ... and direct the output device to supply feedback to the end-user. The output device could be LED light(s), an audio device, a video device, a vibration generator device, and typically provides end-users with ... feedback” Examiner notes that LED lights, an audio device, a video device, and a vibration generator device can provide haptic effects.).
Massoudi and Shi combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to enable a user to learn a language using physical objects. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement onto the display screen above the graphical element; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, of a physical object comprising a partially conductive base wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base the physical object, further comprising periodically applying haptic feedback responsive to movement of the physical object on the display screen, as disclosed by Shi, to provide physical objects, an interactive surface, an electric conductive material, processor, capacitance sensor, and output devices for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format. One skilled in the art would understand and recognize the value of the addition of physical objects, an interactive surface, an electric conductive material, processor, capacitance sensor, and output devices for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format.
In regards to claim 11, Massoudi discloses the following limitations with the exception of the underlined limitations.
A system of accessible game-user interactions, the system comprising ([0011], “embodiments of the disclosure relate ... to … user-computer interactions”): a display device configured to display a graphical user interface ([0033], “the ... document, is ... displayed .... using a ... graphical user interface window on a display of a computing device”), that comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, and wherein the graphical user interface further comprises a graphical element that represents ([0018], “FIG. 1 shows … a method to … superimpose … interaction widgets ” Examiner notes that an interaction widget is a graphical element.) a portion of a logical problem of the assessment examination and wherein the graphical element is at a first position in the graphical user interface ([0033], “the … document … is imported into an Interaction Authoring Tool (IAT) … using a … graphical user interface … The IAT … displays … interaction widgets”);
a memory with instructions stored thereon ([0081], “the methods ... above may be practiced by a computer system including ... computer memory”);
and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising ([0086], “Computer-executable instructions comprise ... instructions ... which cause a ... computer ... or ... processing device to perform ... functions”): displaying the graphical user interface on the display device ([0033], “the ... document, is ... displayed .... using a ... graphical user interface window on a display of a computing device”);
receiving a signal indicative of placement ([0076], “the widgets … provide a set of general interaction capabilities … These capabilities may include … the ability to capture media (ex. video, pictures, sound)” Examiner notes that capturing media includes the process of receiving signals.) of a physical object comprising a partially conductive base onto the display screen above the graphical element ([0033], “the ... document, is imported into an Interaction Authoring Tool (IAT) ... and displayed .... using a ... graphical user interface window on a display of a computing device. The IAT … displays … interaction widgets”), wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base;
repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position ([0033], “the … document … is imported into an Interaction Authoring Tool (IAT) … using a … graphical user interface … The IAT … displays … interaction widgets”), responsive to physical movement of the physical object on the display screen ([0066], “The … widget can … invoke specific API’s on the processor” Examiner notes that an API can be used to reposition a widget, which is referred to as a graphical element in the claimed invention.) by a user ([0061], “an input widget … used to take user input … is placed relative to the position of a containing interaction widget”);
after repositioning the graphical element ([0061], “an input widget … used to take user input … is placed relative to the position of a containing interaction widget”), generating an audio file using a speech synthesizer, wherein the audio file comprises one or more segments of synthesized speech that describe the second position of the graphical element on the graphical user interface ([0033], “the ... document, is imported into an Interaction Authoring Tool (IAT) ... and displayed .... using a ... graphical user interface window on a display of a computing device. The IAT … displays … interaction widgets”) audibly playing the audio file by a speaker of the device to help the user understand an effect of the physical movement of the physical object and generating a portion of an assessment score based at least in part on one or more of the signal and the repositioning of the graphical element ([0061], “an input widget … used to take user input … is placed relative to the position of a containing interaction widget”).
Brinton discloses
wherein the graphical user interface comprises a virtual assessment ([0090], “To facilitate assessment creation, the Assessment Manager module includes a graphical user interface”), wherein the virtual assessment is representative of an assessment examination ([0089], “assessment course material can include … comprehensive exams”), a portion of a logical problem of the assessment examination ([0090], “the Assessment Manager module includes a graphical user interface ..., which can be used to author ... questions” Examiner notes that a logical problem is a type of question.);
and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal ([0041], “Behaviors can correlate to potential test results, particularly correct on first attempt (CFA) results … CFA is a binary measure, equal to 1 if the user answered a question correctly on the first attempt, and 0 otherwise” Examiner notes that test results are closely related to an assessment score.),
Massoudi and Brinton combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to assist instructors in understanding learning behavior. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement onto the display screen above the graphical element, repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, a portion of a logical problem of the assessment examination; and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal, as disclosed by Brinton, to provide an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior. One skilled in the art would understand and recognize the value of the addition of an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior.
Shi discloses
of a physical object ([0037], “The embodiments of the present invention provide … a system … using physical objects in conjunction with an interactive surface”)
comprising a partially conductive base ([0034], “an electric conductive material … can … be used”)
wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base ([0034], “an electric conductive material … to alter the capacitive property of an object can also be used”)
the physical object ([0037], “The embodiments of the present invention provide … a system … using physical objects in conjunction with an interactive surface”)
Massoudi and Shi combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to enable a user to learn a language using physical objects. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement onto the display screen above the graphical element, repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, of a physical object comprising a partially conductive base wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base the physical object, as disclosed by Shi, to provide physical objects, an interactive surface, and an electric conductive material for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format. One skilled in the art would understand and recognize the value of the addition of physical objects, an interactive surface, and an electric conductive material for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format.
Emma discloses
generating an audio file using ([0117], “the input is … stored as an audio file”) a speech synthesizer ([0117], “a text-to-speech synthesizer … converts the text into … speech output”), wherein the audio file comprises one or more segments of synthesized speech that describe ([0117], “A voice training algorithm … applies a voice model to the text-to-speech (TTS) synthesizer … the TTS synthesizer … should convert the output … into a response audio file”)
audibly playing the audio file by a speaker of the device to help the user understand an effect of ([0117], “the toy … plays the … audio file … through … speakers”)
the physical movement of ([0040], “the stimulus is a movement of the … toy”)
Massoudi and Emma combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and artificial intelligence related to digital assistants. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement onto the display screen above the graphical element, repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, generating an audio file using a speech synthesizer, wherein the audio file comprises one or more segments of synthesized speech that describe audibly playing the audio file by a speaker of the device to help the user understand an effect of the physical movement of, as disclosed by Emma, to provide an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants. One skilled in the art would understand and recognize the value of the addition of an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants.
In regards to claim 12, Massoudi does not disclose further comprising an additive or subtractive printing apparatus configured to physically print one or more copies of the physical object.
Shi discloses
further comprising an additive or subtractive printing apparatus configured to physically print one or more copies of the physical object ([0015], “the system includes … physical objects, … each marked with a printed language element” Examiner notes that a printed element is the direct result of being produced by a printing apparatus.).
Massoudi and Shi combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to enable a user to learn a language using physical objects. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement onto the display screen above the graphical element, repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, of a physical object, further comprising an additive or subtractive printing apparatus configured to physically print one or more copies of the physical object, further comprising an additive or subtractive printing apparatus configured to physically print one or more copies of the physical object, as disclosed by Shi, to provide physical objects marked with a printed element and an interactive surface for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format. One skilled in the art would understand and recognize the value of the addition of physical objects marked with printed elements and interactive surfaces to improve the effectiveness of superimposing computer-user interaction widgets.
In regards to claim 13, Massoudi discloses
wherein the operations further comprise: generating a data file representative of a printing sequence of a copy of the physical object ([0011], “The computer-guided interaction and application interface definitions … are stored in a … computer data store … and … may … be generated”);
and transmitting the data file to the additive or subtractive printing apparatus ([0084], “data links … enable the transport of electronic data between computer systems and … other electronic devices” Examiner notes that a printing apparatus is an electronic device.).
In regards to claim 14, Massoudi does not disclose wherein the physical object further comprises: an upper portion disposed on the partially conductive base, wherein the upper portion is a physical representation of the graphical element, and wherein the physical representation includes at least one or more of: texture that represents the graphical element, features identifiable by touch that represent the graphical element, or braille embossing that describes at least a portion of the graphical element.
Shi discloses
wherein the physical object further comprises ([0004], “The present invention relates to … an interactive surface using physical objects”): an upper portion disposed on the partially conductive base ([0034], “an electric conductive material … to alter the capacitive property of an object can … be used”), wherein the upper portion is a physical representation of the graphical element, and wherein the physical representation includes at least one or more of texture that represents the graphical element, features identifiable by touch that represent the graphical element, or braille embossing that describes at least a portion of the graphical element ([0034], “the interaction designer ... may ... set other properties available on the widget that may include look and feel properties” Examiner notes that a widget is a graphical element and that feel properties involve the texture experience resulting from the physical act of touching.).
Massoudi and Shi combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to enable a user to learn a language using physical objects. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement onto the display screen above the graphical element, repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, of a physical object comprising a partially conductive base wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base the physical object, wherein the physical object further comprises: an upper portion disposed on the partially conductive base, wherein the upper portion is a physical representation of the graphical element, and wherein the physical representation includes at least one or more of: texture that represents the graphical element, features identifiable by touch that represent the graphical element, or braille embossing that describes at least a portion of the graphical element, as disclosed by Shi, to provide physical objects, an interactive surface, an electric conductive material, and an interaction designer for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format. One skilled in the art would understand and recognize the value of the addition of physical objects, an interactive surface, an electric conductive material, and an interaction designer for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format.
In regards to claim 15, Massoudi does not disclose wherein the partially conductive base is a 3D printed base having a conductive layer applied thereon.
Shi discloses
wherein the partially conductive base is a 3D printed base having a conductive layer applied thereon ([0034], “an electric conductive material … to alter the capacitive property of an object can … be used” Examiner notes that an electrically conductive material can be used in an object printed in 3D and that an electrically conductive material can have a conductive layer applied to its surface.).
Massoudi and Shi combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to enable a user to learn a language using physical objects. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement onto the display screen above the graphical element, repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, of a physical object comprising a partially conductive base wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base the physical object, wherein the partially conductive base is a 3D printed base having a conductive layer applied thereon, as disclosed by Shi, to provide physical objects, an interactive surface, an electric conductive material, and an interaction designer for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format. One skilled in the art would understand and recognize the value of the addition of physical objects, interactive surfaces, electric conductive materials, and an interactive designer to improve the effectiveness of superimposing computer-user interaction widgets.
In regards to claim 16, Massoudi discloses the following limitations with the exception of the underlined limitation.
wherein the graphical user interface further comprises one or more instructional elements comprising indicia ([0033], “the ... document, is ... displayed .... using a ... graphical user interface” Examiner notes that indicia is inherently part of a graphical user interface.) that represent instructions to complete ([0018], “FIG. 1 shows … a … user-computer interaction … through superimpose/overlay of interaction widgets on top of content blocks of any … instructions, instructional manual”) the virtual assessment.
Brinton discloses
the virtual assessment ([0090], “To facilitate assessment creation, the Assessment Manager module includes a graphical user interface”).
Massoudi and Brinton combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to assist instructors in understanding learning behavior. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement onto the display screen above the graphical element, repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, a portion of a logical problem of the assessment examination; and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal, the virtual assessment, as disclosed by Brinton, to provide an assessment manager and a graphical user interface for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior. One skilled in the art would understand and recognize the value of the addition of an assessment manager to improve the effectiveness of superimposing computer-user interaction widgets.
In regards to claim 17, Massoudi discloses the following limitation with the exception of the underlined limitations.
wherein the one or more segments of synthesized speech include the instructions to complete the virtual assessment ([0018], “FIG. 1 shows … a … user-computer interaction … through superimpose/overlay of interaction widgets on top of content blocks of any … instructions, instructional manual”).
Emma discloses
wherein the one or more segments of synthesized speech ([0117], “a text-to-speech synthesizer … converts the text into … speech output”)
Massoudi and Emma combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and artificial intelligence related to digital assistants. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement onto the display screen above the graphical element, repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, include the instructions to complete the virtual assessment, as disclosed by Massoudi, generating an audio file using a speech synthesizer, wherein the audio file comprises one or more segments of synthesized speech that describe audibly playing the audio file by a speaker of the device to help the user understand an effect of the physical movement of, wherein the one or more segments of synthesized speech, as disclosed by Emma, to provide an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants. One skilled in the art would understand and recognize the value of the addition of an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants.
In regards to claim 18, Massoudi does not disclose one or more segments of synthesized speech describe the logical problem.
Emma discloses
one or more segments of synthesized speech describe the logical problem ([0117], “a text-to-speech synthesizer … converts the text into … speech output”).
Massoudi and Emma combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and artificial intelligence related to digital assistants. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement onto the display screen above the graphical element, repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, generating an audio file using a speech synthesizer, wherein the audio file comprises one or more segments of synthesized speech that describe audibly playing the audio file by a speaker of the device to help the user understand an effect of the physical movement of, one or more segments of synthesized speech describe the logical problem, as disclosed by Emma, to provide an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants. One skilled in the art would understand and recognize the value of the addition of an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants.
In regards to claim 19, Massoudi does not disclose wherein the assessment score indicates at least one of: whether a solution to the logical problem indicated by the repositioning of the graphical element is right or wrong; or whether a mistake was committed and corrected.
Brinton discloses
wherein the assessment score indicates at least one of: whether a solution to the logical problem indicated by the repositioning of the graphical element is right or wrong; or whether a mistake was committed and corrected ([0041], “Behaviors can correlate to potential test results, particularly correct on first attempt (CFA) results … CFA is a binary measure, equal to 1 if the user answered a question correctly on the first attempt, and 0 otherwise” Examiner notes that test results are closely related to an assessment score.).
Massoudi and Brinton combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to assist instructors in understanding learning behavior. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement onto the display screen above the graphical element, repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, a portion of a logical problem of the assessment examination; and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal, wherein the assessment score indicates at least one of: whether a solution to the logical problem indicated by the repositioning of the graphical element is right or wrong; or whether a mistake was committed and corrected, as disclosed by Brinton, to provide an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior. One skilled in the art would understand and recognize the value of the addition of an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior.
In regards to claim 20, Massoudi does not disclose wherein the operations further comprise: periodically audibly playing additional synthesized speech that describes a state of the virtual assessment; and periodically applying haptic feedback responsive to the movement of the physical object on the display screen.
Emma discloses
further comprise: periodically audibly playing ([0091], “the AI system is able to graphically prompt a user … audibly”) additional synthesized speech that describes a state of the virtual assessment ([0117], “a text-to-speech synthesizer … converts the text into … speech output”).
Massoudi and Emma combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and artificial intelligence related to digital assistants. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement onto the display screen above the graphical element, repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, generating an audio file using a speech synthesizer, wherein the audio file comprises one or more segments of synthesized speech that describe audibly playing the audio file by a speaker of the device to help the user understand an effect of the physical movement of, further comprise: periodically audibly playing additional synthesized speech that describes a state of the virtual assessment, as disclosed by Emma, to provide an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants. One skilled in the art would understand and recognize the value of the addition of an audio file, a text-to-speech synthesizer, a voice training algorithm, and a toy for artificial intelligence related to digital assistants.
Shi discloses
and periodically applying haptic feedback responsive to movement of the physical object on the display screen ([0045], “Each time a card ... is placed on the interactive surface ..., the processor ... via the capacitance sensor, analyzes the language elements assigned to the cards ... and direct the output device to supply feedback to the end-user. The output device could be LED light(s), an audio device, a video device, a vibration generator device, and typically provides end-users with ... feedback” Examiner notes that LED light(s), an audio device, a video device, and a vibration generator device can provide haptic effects.).
Massoudi and Shi combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to enable a user to learn a language using physical objects. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents and wherein the graphical element is at a first position in the graphical user interface; a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement onto the display screen above the graphical element, repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, the second position of the graphical element on the graphical user interface and the repositioning of the graphical element, as disclosed by Massoudi, of a physical object comprising a partially conductive base wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base the physical object, and periodically applying haptic feedback responsive to movement of the physical object on the display screen, as disclosed by Shi, to provide physical objects, an interactive surface, an audio device, a processor, a capacitance sensor, LED lights, a video device, and a vibration generator device for a system and method to enable a user to learn a language using physical objects in a highly interactive and free play format. One skilled in the art would understand and recognize the value of the addition of physical objects, interactive surfaces, an audio device, a processor, a capacitance sensor, LED lights, and vibration generator device to improve the effectiveness of superimposing computer-user interaction widgets.
Brinton discloses
a state of the virtual assessment ([0090], “To facilitate assessment creation, the Assessment Manager module includes a graphical user interface”).
Massoudi and Brinton combined are considered analogous to the claimed invention because they are in the fields of computer-user interaction widgets and methods to assist instructors in understanding learning behavior. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the applicant’s invention for a system of accessible game-user interactions, the system comprising: a display device configured to display a graphical user interface, and wherein the graphical user interface further comprises a graphical element that represents, a memory with instructions stored thereon; and a processing device, coupled to the memory and to the display device, wherein the processing device is configured to access the memory and execute the instructions, and wherein the instructions, in response to execution by the processing device, cause the processing device to perform or control performance of operations comprising: displaying the graphical user interface on the display device; receiving a signal indicative of placement, onto the display device above the graphical element; repositioning the graphical element responsive to physical movement of the physical object on the display screen; or the repositioning of the graphical element, as disclosed by Massoudi, wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, a portion of a logical problem of the assessment examination; and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal, and a state of the virtual assessment, as disclosed by Brinton, to provide an assessment manager, a graphical user interface, assessment course material, comprehensive exams, and test results for a system and method to assist an instructor in managing, understanding, and drawing conclusions about the learning behavior. One skilled in the art would understand and recognize the value of the addition of an assessment manager to improve the effectiveness of superimposing computer-user interaction widgets.
Response to Remarks
Applicant's submissions filed May 26, 2026 have been fully considered, but they are not persuasive. Claims 1-20 remain pending in this application. Regarding the rejections under 35 U.S.C. §101, Applicant submits that “‘receiving a signal... based on alteration of a capacitance’; ‘generating an audio file using a speech synthesizer’; and ‘audibly playing the audio file’ cannot be performed in the human mind and utilize a particular technological environment (physical object comprising a partially conductive base, a speaker of the device” (See Response to Non-Final Rejection, Remarks, page 9, paragraph 2). Examiner acknowledges Applicant’s remarks. Regarding claim 1, Applicant cites a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising: displaying a graphical user interface on a display screen of a device, wherein the graphical user interface comprises a virtual assessment, wherein the virtual assessment is representative of an assessment examination, and wherein the graphical user interface further comprises a graphical element that represents a portion of a logical problem of the assessment examination, and wherein the graphical element is at a first position in the graphical user interface; receiving a signal indicative of placement of a physical object comprising a partially conductive base onto the display screen above the graphical element, wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base; repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position, responsive to physical movement of the physical object on the display screen by a user; after repositioning the graphical element, generating an audio file using a speech synthesizer, wherein the audio file comprises one or more segments of synthesized speech that describe the second position of the graphical element on the graphical user interface audibly playing the audio file by a speaker of the device to help the user understand an effect of the physical movement of the physical object; and generating a portion of an assessment score based at least in part on one or more of the signal and the repositioning of the graphical element.
The steps primarily amount to a form of mental process and organizing human activity (i.e., an abstract idea) because a human can provide an assessment examination consisting of logical problems, assign signal indicators for placement and movement of physical objects, and determine an assessment score based on movement of a physical object. However, the steps that include “receiving a signal... based on alteration of a capacitance; generating an audio file using a speech synthesizer; and audibly playing the audio file” are differentiated from the remaining steps because these steps amount to mechanisms for a human to generate data that can assist in determining an assessment score. Independent claim 11 describes steps that are parallel to steps of claim 1 (and therefore recite limitations that fall within this subject matter of grouping abstract ideas), and these claims are therefore determined to recite an abstract idea under the same analysis. Dependent claims 2-10 and 12-20 are directed towards mini-tasks (receiving multiple signal indicators, repositioning a physical object, providing audible instructions for completing the assessment, determining an assessment score, etc.) for a system of accessible game-user interactions. Each claim amounts to a form of collecting, generating, and analyzing information, and therefore falls within the scope of a method for organizing human activity, (i.e., an abstract idea). As such, the Examiner concludes that claims 2-10 and 12-20 recite an abstract idea.
Examiner makes an evaluation as to whether a claim recites any additional
element, or combination of additional elements, that integrate the exception into a
practical application of that exception. An “additional element” is an element that is
recited in the claim in addition to (beyond) the judicial exception (i.e., an
element/limitation that sets forth an abstract idea is not an additional element). The
phrase “integration into a practical application” is defined as requiring an additional
element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception,
such that it is more than a drafting effort designed to monopolize the exception. The requirement to execute the claimed steps/functions using a computer, a graphical user interface (which uses both memory and processor resources), a speech synthesizer (which uses a computer system), memory, and a processing device (independent claims 1 and 11 and dependent claims 2-10 and 12-20) is equivalent to adding the words “apply it” on a computer and/or instructions to implement the abstract idea on a computer.
Similarly, the limitations of a computer, a graphical user interface (which uses both memory and processor resources), a speech synthesizer (which uses a computer system), memory, and a processing device (independent claims 1 and 11 and dependent claims 2-10 and 12-20) are recited at a high level of generality and amount to no more than instructions to apply the exception using computer components. These limitations do not impose any meaningful limits on practicing the abstract idea, and therefore do not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
Use of a computer, processor, memory or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015) (See MPEP 2106.05(f)).
Further, the additional limitations beyond the abstract idea identified above, serve to link the use of the judicial exception to a particular technological environment or field of use. Specifically, they serve to limit the application of the abstract idea to a computerized environment (e.g., identifying and displaying, etc.) performed by a computing device, processor, and memory, etc. This reasoning was demonstrated in Intellectual Ventures I LLC v. Capital One Bank (Fed. Cir. 2015), where the court determined “an abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer”). These limitations do not impose any meaningful limits on practicing the abstract idea, and therefore do not integrate the abstract idea into a practical application (see MPEP 2106.05(h)).
Dependent claims 2-10 and 12-20 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims are further part of the abstract idea as identified by the Examiner for each respective independent claim (i.e., they are part of the abstract idea recited in each respective claim). The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claims are directed to an abstract idea.
Examiner analyzed whether any additional element, or combination of additional
elements, are sufficient to ensure that the claims amount to significantly more than the
judicial exception. This analysis is also termed a search for an “inventive concept.” An
“inventive concept” is furnished by an element or combination of elements that is recited
in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that
the claim as a whole amount to significantly more than the judicial exception itself. Alice Corp., 573 U.S. at 27-18, 110 USPQ2d at 1981 (citing Mayo, 566 U.S. at 72-73, 101
USPQ2d at 1966).
The identified additional elements in independent claims 1 and 11 and dependent claims 2-10 and 12-20 are equivalent to adding the words “apply it” on a computer, and/or generally link the use of the judicial exception to a particular technological environment or field of use. Therefore, the claims as a whole do not amount to significantly more than the judicial exception itself. Viewing the additional limitations in combination also shows that they fail to ensure the claims amount to significantly more than the abstract idea. When considered as an ordered combination, the additional components of the claims add nothing that is not already present when considered separately, and thus simply append the abstract idea with words equivalent to “apply it” on a computer and/or instructions to implement the abstract idea on a computer or/and append the abstract idea with insignificant extra solution activity associated with the implementation of the judicial exception, (e.g., data gathering, post-solution activity) and/or simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.
Dependent claims 2-10 and 12-20 fail to include any additional elements. In other words, each of the limitations/elements recited in respective independent claims are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea recited in each respective claim). The Examiner has therefore determined that no additional element, or combination of additional claim elements are sufficient to ensure the claims amount to significantly more than the abstract idea identified above. Therefore, claims 1-20 are not eligible subject matter under 35 USC 101.
Regarding the rejections under 35 U.S.C. §103, Applicant submits that “Massoudi’s widgets are part of the user interface and not a ‘physical object’, they cannot be placed ‘onto the display screen above the graphical element’. Further, the ‘repositioning of a widget’ of Massoudi cannot be ‘responsive to physical movement of the physical object on the display screen.’” (See Response to Non-Final Rejection, Remarks, page 12, paragraph 2), “Shi teaches away from using a physical object that can be placed on top of an electronic display” (See Response to Non-Final Rejection, Remarks, page 13, paragraph 1), “there is no mechanism in the combination of Shi and Massoudi that supports ‘placement of a physical object comprising a partially conductive base onto the display screen above the graphical element.’” (See Response to Non-Final Rejection, Remarks, page 13, paragraph 2), “The cited portions of Brinton fail to make up for these deficiencies of Massoudi” (See Response to Non-Final Rejection, Remarks, page 13, paragraph 3), “Massoudi and Brinton individually or taken together fail to teach ‘generating an audio file using a speech synthesizer’ or that the ‘audio file comprises one or more segments of synthesized speech that escribe the second position of graphical element on display screen,’ and ‘audibly playing the audio file by a speaker of the device.’” (See Response to Non-Final Rejection, Remarks, page 14, paragraph 1), and “Shi fails to teach or suggest synthesis of an audio file with segments that describes position of physical object.” (See Response to Non-Final Rejection, Remarks, page 14, paragraph 2). Examiner acknowledges Applicant’s remarks. With regards to claim 1, Massoudi discloses a computer-implemented method of accessible computer-user interactions, the computer-implemented method comprising ([0011], “embodiments of the disclosure relate ... to computer implemented ... methods to define user-computer interactions”): displaying a graphical user interface on a display screen of a device ([0033], “the ... document, is ... displayed .... using a ... graphical user interface window on a display of a computing device”), and wherein the graphical user interface further comprises a graphical element that represents ([0018], “FIG. 1 shows … a method to … superimpose … interaction widgets ” Examiner notes that an interaction widget is a graphical element.), and wherein the graphical element is at a first position in the graphical user interface ([0033], “the … document … is imported into an Interaction Authoring Tool (IAT) … using a … graphical user interface … The IAT … displays … interaction widgets”); receiving a signal indicative of placement ([0076], “the widgets … provide a set of general interaction capabilities … These capabilities may include … the ability to capture media (ex. video, pictures, sound)” Examiner notes that capturing media includes the process of receiving signals.) onto the display screen above the graphical element ([0033], “the ... document, is imported into an Interaction Authoring Tool (IAT) ... and displayed .... using a ... graphical user interface window on a display of a computing device. The IAT … displays … interaction widgets”), repositioning the graphical element to a second position in the graphical user interface, the second position distinct from the first position ([0033], “the … document … is imported into an Interaction Authoring Tool (IAT) … using a … graphical user interface … The IAT … displays … interaction widgets”), responsive to physical movement of the physical object on the display screen ([0066], “The … widget can … invoke specific API’s on the processor” Examiner notes that an API can be used to reposition a widget, which is referred to as a graphical element in the claimed invention.) by a user ([0061], “an input widget … used to take user input … is placed relative to the position of a containing interaction widget”); after repositioning the graphical element ([0061], “an input widget … used to take user input … is placed relative to the position of a containing interaction widget”), the second position of the graphical element on the graphical user interface ([0033], “the ... document, is imported into an Interaction Authoring Tool (IAT) ... and displayed .... using a ... graphical user interface window on a display of a computing device. The IAT … displays … interaction widgets”) and the repositioning of the graphical element ([0061], “an input widget … used to take user input … is placed relative to the position of a containing interaction widget”), Brinton discloses wherein the graphical user interface comprises a virtual assessment ([0090], “To facilitate assessment creation, the Assessment Manager module includes a graphical user interface”), wherein the virtual assessment is representative of an assessment examination ([0089], “assessment course material can include … comprehensive exams”), a portion of a logical problem of the assessment examination ([0090], “the Assessment Manager module includes a graphical user interface ..., which can be used to author ... questions” Examiner notes that a logical problem is a type of question.); and generating a portion of an assessment score based at least in part on one or more of physical movement of the physical object on the display screen, the signal ([0041], “Behaviors can correlate to potential test results, particularly correct on first attempt (CFA) results … CFA is a binary measure, equal to 1 if the user answered a question correctly on the first attempt, and 0 otherwise” Examiner notes that test results are closely related to an assessment score.), Shi discloses
of a physical object ([0037], “The embodiments of the present invention provide … a system … using physical objects in conjunction with an interactive surface”)
comprising a partially conductive base ([0034], “an electric conductive material … can … be used”) wherein the signal is generated based on alteration of a capacitance of a portion of the display screen due to the placement of the physical object comprising the partially conductive base ([0034], “an electric conductive material … to alter the capacitive property of an object can also be used”) the physical object ([0037], “The embodiments of the present invention provide … a system … using physical objects in conjunction with an interactive surface”), and Emma discloses generating an audio file using ([0117], “the input is … stored as an audio file”) a speech synthesizer ([0117], “a text-to-speech synthesizer … converts the text into … speech output”), wherein the audio file comprises one or more segments of synthesized speech that describe ([0117], “A voice training algorithm … applies a voice model to the text-to-speech (TTS) synthesizer … the TTS synthesizer … should convert the output … into a response audio file”) audibly playing the audio file by a speaker of the device to help the user understand an effect of ([0117], “the toy … plays the … audio file … through … speakers”) the physical movement of ([0040], “the stimulus is a movement of the … toy”). Consequently, the rejection of claim 1, as obvious by Massoudi, Brinton, Shi, and Emma, is maintained.
MPEP § 2111 discusses proper claim interpretation, including giving claims their
broadest reasonable interpretation (“BRI”) in light of the specification during
examination. Under BRI, the words of a claim must be given their plain meaning unless
such meaning is inconsistent with the specification, and it is improper to import claim
limitations from the specification into the claim. Applicant’s argument is not persuasive
because the BRI is broader than what is argued. Therefore, the rejection of claim 11
(which recites limitations parallel to claim 1), as obvious by Massoudi in view of Brinton, Shi, and Emma, is maintained. Furthermore, the rejections of claims 2-10 (which depend on claim 1) and claims 12-20 (which depend on claim 11), as obvious by Massoudi in view of Brinton, Shi, and Emma, are maintained.
MPEP § 2123 discusses nonpreferred and alternative embodiments that constitute prior art. As Applicant’s submission relates to Shi teaching away “from using a physical object that can be placed on top of an electronic display”, preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971). Furthermore, “[t]he prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed….” In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004). Therefore, the rejections of claims 1 and 11, as obvious by Massoudi in view of Brinton, Shi, and Emma, are maintained. As a result, the rejections of claims 2-10 (which depend on claim 1) and claims 12-20 (which depend on claim 11), as obvious by Massoudi in view of Brinton, Shi, and Emma, are maintained.
Regarding the dependent claims, Applicant submits that “Amended claims 7 and 19 each recite, in part [...] wherein the assessment score indicates at least one of whether a solution to the logical problem indicated by the repositioning of the graphical element is right or wrong or whether a mistake was committed and corrected [...] (emphasis added)” and that “Massoudi, Brinton and Shi taken individually or together, do not teach or suggest these features” (See Response to Non-Final Rejection, Remarks, page 14, paragraphs 2 and 3). Examiner acknowledges Applicant’s remarks. With regards to claim 7, Brinton discloses
wherein the assessment score indicates at least one of: whether a solution to the logical problem indicated by the repositioning of the graphical element is right or wrong; or whether a mistake was committed and corrected ([0041], “Behaviors can correlate to potential test results, particularly correct on first attempt (CFA) results … CFA is a binary measure, equal to 1 if the user answered a question correctly on the first attempt, and 0 otherwise” Examiner notes that test results are closely related to an assessment score.).
MPEP § 2111 discusses proper claim interpretation, including giving claims their
broadest reasonable interpretation (“BRI”) in light of the specification during
examination. Under BRI, the words of a claim must be given their plain meaning unless
such meaning is inconsistent with the specification, and it is improper to import claim
limitations from the specification into the claim. Applicant’s argument is not persuasive
because the BRI is broader than what is argued. Therefore, the rejection of dependent claim 7, as obvious by Massoudi in view of Brinton, Shi, and Emma, is maintained. Furthermore, the rejection of dependent claim 19, (which recites limitations parallel to claim 7), as obvious by Massoudi in view of Brinton, Shi, and Emma, is maintained.
Conclusion
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 Lisa Antoine whose telephone number is (571)272-
4252. The examiner can normally be reached Monday - Thursday 8:30 am - 6:30 pm
ET. Examiner interviews are available via telephone, in-person, and video
conferencing using a USPTO supplied web-based collaboration tool. To schedule an
interview, applicant is encouraged to use the USPTO Automated Interview Request
(AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by
telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at
(571) 272-7147. The fax phone number for the organization where this application or
proceeding is assigned is 571-273-8300. Information regarding the status of published
or unpublished applications may be obtained from Patent Center. Unpublished
application information in Patent Center is available to registered users. To file and
manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit
https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center. For additional questions, contact the Electronic Business Center (EBC) at 866-
217-9197 (toll-free). If you would like assistance from a USPTO Customer Service
Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
LISA H ANTOINE
Examiner
Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715
Prosecution Insights