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 .
Response to Amendment
This is a Final Office action in response to communications filed on December 29, 2025. Applicant amended claims 1, 7, 11, 14, and 17-20. Applicant added claim 21 and cancelled claims 13 and 16. Examiner withdraws objections cited in error. Claims 1-12, 14-15, and 17-21 remain pending in this application.
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 1-12, 14-15, and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable under US 20090209170 A1 (“Richter”) in view of US 5334073 A (“Tilbor”) and US 20110021108 A1 (“Le”).
In regards to claim 1, Richter discloses the following limitations with the exception of the underlined limitations.
A therapeutic interactive doll system, comprising:
a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity ([0032], “FIG. 4 is another schematic illustrating … an inventive doll” See Richter Annotated Fig 4 depicting a head, a torso, two arms, two legs, and an interior cavity. Richter Annotated Fig 4 depicts an exterior surface (highlighted in yellow) and its corresponding parts: head, torso, two arms, and two legs (all highlighted in yellow).),
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and each exterior surface comprises a closable opening formed therein allowing access to the interior cavity;
a central control module disposed within the doll body;
and a plurality of simulation elements disposed within the doll body, wherein: at least some of the plurality of simulation elements are in electronic communication with the central control module and detect one or more external stimuli events, the plurality of simulation elements comprise an audio speaker, responsive to the detecting the one or more external stimuli events, the audio speaker outputs simulated baby noise audio segments, and the simulated baby noise audio segments comprise one or more negative mood simulated baby noise audio segments, one or more neutral mood simulated baby noise audio segments, and one or more positive mood simulated baby noise audio segments, wherein when the audio speaker outputs the one or more negative mood simulated baby noise audio segments, the one or more neutral mood simulated baby noise audio segments and one or more positive mood simulated baby noise audio segments are not output from the audio speaker for a predetermined period of time after outputting the one or more negative mood simulated baby noise audio segments.
Tilbor discloses
and each exterior surface comprises a closable opening formed therein allowing access to the interior cavity (column 2, lines 65-66, column 3, lines 2-3, “the present invention … includes a torso … having five appendage openings … a head … a left arm … a right arm … a left leg … and a right leg”).
Richter and Tilbor are considered analogous to the claim invention because they are in the field of toy figures and interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, and each exterior surface comprises a closable opening formed therein allowing access to the interior cavity, as disclosed by Tilbor, to provide a torso with five appendage openings for a toy figure having a torso with a plurality of removable, spring-biased appendages.
Le discloses
a central control module disposed within the doll body ([0014], “Toy control system … mounts inside a toy like a doll”);
and a plurality of simulation elements disposed within the doll body, wherein at least some of the plurality of simulation elements are in electronic communication with the central control module and detect one or more external stimuli events ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include a microphone …, an ambient light detector …, a temperature sensor …, touch sensors …, a pressure sensor …, A gyroscope or accelerometers … A speaker … a motor driver … A motor feedback” Examiner notes that in the claimed invention [0018]-[0025] the simulation elements comprise a microphone, accelerometer, audio speaker, heating element, capacitive touch sensor, tactile feedback element, and a motion sensor. Examiner notes that by definition, a microcomputer is used for electronic communication and that touch sensors inherently detect external stimuli.), the plurality of simulation elements comprise an audio speaker ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include … A speaker”), responsive to the detecting the one or more external stimuli events, the audio speaker outputs simulated baby noise audio segments, and the simulated baby noise audio segments comprise one or more negative mood simulated baby noise audio segments, one or more neutral mood simulated baby noise audio segments, and one or more positive mood simulated baby noise audio segments, wherein when the audio speaker outputs the one or more negative mood simulated baby noise audio segments, the one or more neutral mood simulated baby noise audio segments and one or more positive mood simulated baby noise audio segments are not output from the audio speaker for a predetermined period of time after outputting the one or more negative mood simulated baby noise audio segments ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include … touch sensors …, … A speaker” Examiner notes that touch sensors inherently detect external stimuli and that using the programmable microcomputer will enable the speaker to output baby noises associated with various moods).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, a central control module disposed within the doll body; and a plurality of simulation elements disposed within the doll body, wherein at least some of the plurality of simulation elements are in electronic communication with the central control module and detect one or more external stimuli events, the plurality of simulation elements comprise an audio speaker, responsive to the detecting the one or more external stimuli events, the audio speaker outputs simulated baby noise audio segments, and the simulated baby noise audio segments comprise one or more negative mood simulated baby noise audio segments, one or more neutral mood simulated baby noise audio segments, and one or more positive mood simulated baby noise audio segments, wherein when the audio speaker outputs the one or more negative mood simulated baby noise audio segments, the one or more neutral mood simulated baby noise audio segments and one or more positive mood simulated baby noise audio segments are not output from the audio speaker for a predetermined period of time after outputting the one or more negative mood simulated baby noise audio segments, as disclosed by Le, to provide a toy control system comprising a microcomputer, various sensors, a microphone, a speaker, a motor driver, and a motor feedback for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
In regards to claim 2, Richter does not disclose wherein each closable opening comprises an open state and a closed state.
Tilbor discloses
wherein each closable opening comprises an open state and a closed state (column 1, lines 63-67, “the present invention comprises a toy figure having a torso with a plurality of openings at appendage locations … Each appendage has a connector at one end received in at least one of the torso openings” Examiner notes that the connector for each appendage opening facilitates an open state and a closed state.).
Richter and Tilbor are considered analogous to the claim invention because they are in the field of toy figures and interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, wherein each closable opening comprises an open state and a closed state, as disclosed by Tilbor, to provide a torso with a plurality of openings at appendages with corresponding connectors for a toy figure having a torso with a plurality of removable, spring-biased appendages.
In regards to claim 3, Richter does not disclose wherein the central control module is disposed within the torso of the doll body.
Le discloses
wherein the central control module is disposed within the torso of the doll body ([0014], “Toy control system … mounts inside a toy like a doll”).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, wherein the central control module is disposed within the torso of the doll body, as disclosed by Le, to provide a central control module within the torso of a doll body for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
Tilbor discloses
via the closable opening in the open state formed within the exterior surface of the torso (column 1, lines 63-64, “the present invention comprises a toy figure having a torso with a plurality of openings”).
Richter and Tilbor are considered analogous to the claim invention because they are in the field of toy figures and interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, via the closable opening in the open state formed within the exterior surface of the torso, as disclosed by Tilbor, to provide a torso with a plurality of openings for a toy figure having a torso with a plurality of removable, spring-biased appendages.
In regards to claim 4, Richter does not disclose wherein the plurality of simulation elements comprise a microphone.
Le discloses
wherein the plurality of simulation elements comprise a microphone ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include a microphone”).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, wherein the plurality of simulation elements comprise a microphone, as disclosed by Le, to provide a microphone for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
In regards to claim 5, Richter does not disclose wherein the plurality of simulation elements comprise an accelerometer.
Le discloses
wherein the plurality of simulation elements comprise an accelerometer ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include … accelerometers”).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, wherein the plurality of simulation elements comprise an accelerometer, as disclosed by Le, to provide an accelerometer for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
In regards to claim 6, Richter does not disclose wherein the plurality of simulation elements comprise an audio speaker.
Le discloses
wherein the plurality of simulation elements comprise an audio speaker ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include a … speaker”).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, wherein the plurality of simulation elements comprise an audio speaker, as disclosed by Le, to provide a speaker for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
In regards to claim 7, Richter discloses
wherein the plurality of simulation elements comprise a plurality of heating elements ([0015], “According to a specific aspect of the present invention, the toy comprises a plurality of electrodes.” Examiner notes that electrodes can simulate heat for a heating element.) the head, the torso, the two arms, and the two legs each comprise one of the plurality of heating elements ([0032], “FIG. 4 is another schematic illustrating … an inventive doll” See Richter Annotated Fig 4 depicting a head, a torso, two arms, and two legs.), and the plurality of heating elements collectively simulate a body temperature of a human child ([0015], “According to a specific aspect of the present invention, the toy comprises a plurality of electrodes.” Examiner notes that electrodes can simulate human body temperature.).
In regards to claim 8, Richter does not disclose wherein the plurality of simulation elements comprise a capacitive touch sensor.
Le discloses
wherein the plurality of simulation elements comprise a capacitive touch sensor ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include … touch sensors”).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, wherein the plurality of simulation elements comprise a capacitive touch sensor, as disclosed by Le, to provide touch sensors for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
In regards to claim 9, Richter discloses
wherein the plurality of simulation elements comprise a tactile feedback element ([0014], “the doll … can … be provided with mechanical actuators that for example generate arm, lip, eyes or other body movement of the toy” Examiner notes that in claimed invention [0038] tactile feedback elements allow for the doll body to move in manner akin to that of a real human child.).
In regards to claim 10, Richter does not disclose wherein the plurality of simulation elements comprise a motion sensor.
Le discloses
wherein the plurality of simulation elements comprise a motion sensor ([0037], “A second tier of state transitions … for the right arm, left arm, right leg, and left leg, proceed if two or more limbs produce active sensor outputs” Examiner notes that an arm that produces active sensor outputs could be considered a motion sensor.).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, wherein the plurality of simulation elements comprise a motion sensor, as disclosed by Le, to provide legs and arms that produce active sensor outputs for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
In regards to claim 11, Richter discloses
wherein: the plurality of simulation elements comprise a plurality of distributed weight elements ([0015], “According to a specific aspect of the present invention, the toy comprises a plurality of electrodes.” Examiner notes that electrodes can be used as distributed weight elements.) the head, the torso, the two arms, and the two legs each comprise one of the plurality of distributed weight elements, each of the plurality of distributed weight elements comprises an elongate shape, and the plurality of distributed weight elements collectively simulate a weight of a human child ([0032], “FIG. 4 is another schematic illustrating … an inventive doll” See Richter Annotated Fig 4 depicting a head, a torso, two arms, two legs, and an interior cavity. Examiner notes that a head, a torso, arms, and legs can have an elongated shape and that a head, a torso, arms, and legs can collectively simulate a human’s weight.).
In regards to claim 12, Richter does not disclose wherein the head comprises an audio speaker, an accelerometer and a microphone.
Le discloses
wherein the head comprises an audio speaker, an accelerometer and a microphone ([0018], “An acceleration sensor … in the head can provide measurements of movement, orientation, impacts, etc. A speaker … and audio output circuits are located in the head … A microphone … and audio input circuits are also located in the head”).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, wherein the head comprises an audio speaker, an accelerometer and a microphone, as disclosed by Le, to provide an acceleration sensor, a speaker, and a microphone for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
In regards to claim 14, Richter does not disclose wherein, responsive to detecting each external stimulus event, the plurality of simulation elements generate a detection signal that is communicated to the central control module.
Le discloses
wherein, responsive to detecting each external stimulus event, the plurality of simulation elements generate a detection signal that is communicated to the central control module ([0037], “FIG. 5 represents how the states and transitions of a wrestling doll can be organized ... An input sensor complement ... comprises capacitive touch sensors ... in the arms and legs, accelerometers ... in the head and chest, capacitive pressure sensors ... in the chest, and an ambient light sensor ... in the head. For example, these produce state transitions ... for the left arm, right arm, right leg, and left leg if the corresponding state register is active... State transition ... checks the states of the head and chest accelerometers ... for wrestling forces being applied to the doll that would characterise so-called helicopter ... actions ... A state transition ... sees that the limbs are all released, followed by a state transition ... consistent with an impact of the doll on the ground. The doll would then produce a sound output recognizing to the user that it had suffered a helicopter throw-down.”).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, wherein, responsive to detecting each external stimulus event, the plurality of simulation elements generate a detection signal that is communicated to the central control module, as disclosed by Le, to provide an input sensor, capacitive touch sensors, accelerometers, and a light sensor for organizing the states and transitions of a wrestling doll for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
In regards to claim 15, Richter does not disclose wherein, responsive to receiving the detection signal, the central control module generates one or more control signals that are communicated to one or more of the plurality of simulation elements.
Le discloses
wherein, responsive to receiving the detection signal, the central control module generates one or more control signals that are communicated to one or more of the plurality of simulation elements ([0036], “Table-IV shows how the toy states could be represented in the Perl software language … detecting if a sensor is activated … Right arm touch sensor activated … Headlight sensor activated”).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, wherein, responsive to receiving the detection signal, the central control module generates one or more control signals that are communicated to one or more of the plurality of simulation elements, as disclosed by Le, to provide the software language that recognizes the activation and detection of a right arm and the activation of a headlight for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
In regards to claim 17, Richter discloses
wherein: the plurality of simulation elements comprise a tactile feedback element ([0014], “the doll … can … be provided with mechanical actuators”);
and responsive to detecting the one or more external stimuli events, the tactile feedback element generates one or more tactile actuation movements ([0014], “that for example generate arm, lip, eyes or other body movement of the toy” Examiner notes that in claimed invention [0038] tactile feedback elements allow for the doll body to move in manner akin to that of a real human child.).
In regards to claim 18, Richter discloses the following limitations with the exception of the underlined limitation.
wherein: a first portion of the doll body comprises a tactile feedback element and a capacitive touch sensor ([0014], “the doll … can … be provided with mechanical actuators”);
the tactile feedback element comprises an iterative actuation device ([0014], “the doll … can … be provided with mechanical actuators that for example generate arm, lip, eyes or other body movement of the toy” Examiner notes that in claimed invention [0038] tactile feedback elements allow for the doll body to move in manner akin to that of a real human child and that mechanical actuators can be iterative.) utilizing an electric motor reciprocating an off-center weight ([0061], “The inventive electronics preferably comprises inputs and outputs to control actuators. These can be electrical motors” Examiner notes that an electric motor can reciprocate an off-center weight);
responsive to detecting one or more external stimuli events at the first portion of the doll body, the tactile feedback element generates one or more tactile actuation movements at the first portion of the doll body ([0014], “that for example generate arm, lip, eyes or other body movement of the toy”);
and the one or more tactile actuation movements comprises manipulating a chest of the torso between expanded and compressed states ([0014], “the doll … can … be provided with mechanical actuators that for example generate arm, lip, eyes or other body movement of the toy” Examiner notes that in claimed invention [0038] tactile feedback elements allow for the doll body to move in manner akin to that of a real human child and that mechanical actuators can be iterative and that other body movements may comprise a chest expanding and compressing.).
Le discloses
and responsive to detecting one or more external stimuli events at the first portion of the doll body ([0036], “Table-IV shows how the toy states could be represented in the Perl software language … detecting if a sensor is activated”).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, wherein: a first portion of the doll body comprises a tactile feedback element and a capacitive touch sensor; the tactile feedback element comprises an iterative actuation device utilizing an electric motor reciprocating an off-center weight; the tactile feedback element generates one or more tactile actuation movements at the first portion of the doll body; and the one or more tactile actuation movements comprises manipulating a chest of the torso between expanded and compressed states, as disclosed by Richter, and responsive to detecting one or more external stimuli events at the first portion of the doll body, as disclosed by Le, to provide a software language for detecting whether a sensor is activated for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
In regards to claim 19, Richter discloses the following limitations with the exception of the underlined limitations.
A therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity ([0032], “FIG. 4 is another schematic illustrating … an inventive doll” See Richter Annotated Fig 4 above depicting a head, a torso, two arms, two legs, and an interior cavity. Richter Annotated Fig 4 above depicts an exterior surface (highlighted in yellow) and its corresponding parts: head, torso, two arms, and two legs (all highlighted in yellow).), and each exterior surface comprises a closable opening formed therein allowing access to the interior cavity;
a central control module disposed within the doll body;
and a plurality of sets of simulation elements comprising a plurality of simulation elements, wherein: each of the head, the torso, the two arms and the two legs comprise a set of simulation elements, at least some of the plurality of simulation elements are in electronic communication with the central control module, responsive to detecting one or more external stimuli events, at least one of the plurality of simulation elements generate a detection signal that is communicated to the central control module, the set of simulation elements comprise a plurality of heating elements ([0015], “According to a specific aspect of the present invention, the toy comprises a plurality of electrodes.” Examiner notes that electrodes can simulate heat for a heating element.), the head, the torso, the two arms, and the two legs each comprise one of the plurality of heating elements ([0032], “FIG. 4 is another schematic illustrating … an inventive doll” See Richter Annotated Fig 4 depicting a head, a torso, two arms, and two legs.), the plurality of heating elements collectively simulate a body temperature of a human child ([0015], “According to a specific aspect of the present invention, the toy comprises a plurality of electrodes.” Examiner notes that electrodes can simulate human body temperature.), the set of simulation elements comprise a tactile feedback element, the tactile feedback element comprises an iterative actuation device ([0014], “the doll … can … be provided with mechanical actuators that for example generate arm, lip, eyes or other body movement of the toy” Examiner notes that in claimed invention [0038] tactile feedback elements allow for the doll body to move in manner akin to that of a real human child and that mechanical actuators can be iterative.) utilizing an electric motor ([0061], “The inventive electronics preferably comprises inputs and outputs to control actuators. These can be electrical motors”), responsive to detecting one or more external stimuli events at the set of simulation elements, the tactile feedback element generates one or more tactile actuation movements, and the one or more tactile actuation movements comprises manipulating a chest of the torso between expanded and compressed states ([0014], “the doll … can … be provided with mechanical actuators that for example generate arm, lip, eyes or other body movement of the toy” Examiner notes that in claimed invention [0038] tactile feedback elements allow for the doll body to move in manner akin to that of a real human child and that mechanical actuators can be iterative and that other body movements may comprise a chest expanding and compressing.).
Tilbor discloses
and each exterior surface comprises a closable opening formed therein allowing access to the interior cavity (column 2, lines 65-66, column 3, lines 2-3, “the present invention … includes a torso … having five appendage openings … a head … a left arm … a right arm … a left leg … and a right leg”);
Richter and Tilbor are considered analogous to the claim invention because they are in the field of toy figures and interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity; the set of simulation elements comprise a plurality of heating elements, the head, the torso, the two arms, and the two legs each comprise one of the plurality of heating elements, the plurality of heating elements collectively simulate a body temperature of a human child, the set of simulation elements comprise a tactile feedback element, the tactile feedback element comprises an iterative actuation device utilizing an electric motor, responsive to detecting one or more external stimuli events at the set of simulation elements, the tactile feedback element generates one or more tactile actuation movements, and the one or more tactile actuation movements comprises manipulating a chest of the torso between expanded and compressed states, as disclosed by Richter, and each exterior surface comprises a closable opening formed therein allowing access to the interior cavity, as disclosed by Tilbor, to provide a torso with five appendage openings for a toy figure having a torso with a plurality of removable, spring-biased appendages.
Le discloses a central control module disposed within the doll body ([0014], “Toy control system … mounts inside a toy like a doll”);
and a plurality of sets of simulation elements comprising a plurality of simulation elements, wherein: each of the head, the torso, the two arms and the two legs comprise a set of simulation elements, at least some of the plurality of simulation elements are in electronic communication with the central control module ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include a microphone …, an ambient light detector …, a temperature sensor …, touch sensors …, a pressure sensor …, A gyroscope or accelerometers … A speaker … a motor driver … A motor feedback” Examiner notes that in the claimed invention [0018]-[0025] the simulation elements comprise a microphone, accelerometer, audio speaker, heating element, capacitive touch sensor, tactile feedback element, and a motion sensor. Examiner notes that by definition, a microcomputer is used for electronic communication.), and responsive to detecting one or more external stimuli events ([0036], “Table-IV shows how the toy states could be represented in the Perl software language … detecting if a sensor is activated”), at least one of the plurality of simulation elements generate a detection signal that is communicated to the central control module ([0037], “FIG. 5 represents how the states and transitions of a wrestling doll can be organized ... An input sensor complement ... comprises capacitive touch sensors ... in the arms and legs, accelerometers ... in the head and chest, capacitive pressure sensors ... in the chest, and an ambient light sensor ... in the head. For example, these produce state transitions ... for the left arm, right arm, right leg, and left leg if the corresponding state register is active... State transition ... checks the states of the head and chest accelerometers ... for wrestling forces being applied to the doll that would characterise so-called helicopter ... actions ... A state transition ... sees that the limbs are all released, followed by a state transition ... consistent with an impact of the doll on the ground. The doll would then produce a sound output recognizing to the user that it had suffered a helicopter throw-down.”).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity; the set of simulation elements comprise a plurality of heating elements, the head, the torso, the two arms, and the two legs each comprise one of the plurality of heating elements, the plurality of heating elements collectively simulate a body temperature of a human child, the set of simulation elements comprise a tactile feedback element, the tactile feedback element comprises an iterative actuation device utilizing an electric motor, responsive to detecting one or more external stimuli events at the set of simulation elements, the tactile feedback element generates one or more tactile actuation movements, and the one or more tactile actuation movements comprises manipulating a chest of the torso between expanded and compressed states, as disclosed by Richter, a central control module disposed within the doll body; and a plurality of sets of simulation elements comprising a plurality of simulation elements, wherein: each of the head, the torso, the two arms and the two legs comprise a set of simulation elements, at least some of the plurality of simulation elements are in electronic communication with the central control module, and responsive to detecting one or more external stimuli events, and at least one of the plurality of simulation elements generate a detection signal that is communicated to the central control module, as disclosed by Le, to provide a control system that mounts inside a toy, where the control system comprises a microcomputer, various sensors, a microphone, a speaker, a motor driver, a motor feedback, and software language for detecting activation states for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
In regards to claim 20, Richter discloses the following limitations with the exception of the underlined limitations.
A therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity ([0032], “FIG. 4 is another schematic illustrating … an inventive doll” See Richter Annotated Fig 4 above depicting a head, a torso, two arms, two legs, and an interior cavity. Richter Annotated Fig 4 above depicts an exterior surface (highlighted in yellow) and its corresponding parts: head, torso, two arms, and two legs (all highlighted in yellow).), each exterior surface comprises a closable opening formed therein allowing access to the interior cavity; and each closable opening comprises an open state and a closed state;
a central control module disposed within the torso of the doll body via the closable opening in the open state formed within the exterior surface of the torso;
and a plurality of sets of simulation elements comprising a plurality of simulation elements, wherein: each of the head, the torso, the two arms and the two legs comprise a set of simulation elements, at least some of the plurality of simulation elements are in electronic communication with the central control module, responsive to detecting one or more external stimuli events,
a first simulation element of the plurality of simulation elements generates a detection signal that is communicated to the central control module, and responsive to receiving the detection signal, the central control module generates one or more control signals that are communicated to at least a second simulation element of the plurality of simulation elements, the plurality of simulation elements comprise an audio speaker ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include … A speaker”), responsive to the detecting the one or more external stimuli events, the audio speaker outputs simulated baby noise audio segments, the simulated baby noise audio segments comprise one or more negative simulated baby noise audio segments, one or more neutral simulated baby noise audio segments, and one or more positive simulated baby noise audio segments, and when the one or more external stimuli events cause the one or more negative mood simulated baby noise audio segments to at least partially overlap with the one or more neutral simulated baby noise audio segments or the one or more positive simulated baby noise audio segments, the one or more negative mood simulated baby noise audio segments take priority over and are output from the audio speaker in place of the one or more neutral simulated baby noise audio segments or the one or more positive simulated baby noise audio segments.
Tilbor discloses
each exterior surface comprises a closable opening formed therein allowing access to the interior cavity, and each closable opening comprises an open state and a closed state (column 2, lines 65-66, column 3, lines 2-3, “the present invention … includes a torso … having five appendage openings … a head … a left arm … a right arm … a left leg … and a right leg”);
Richter and Tilbor are considered analogous to the claim invention because they are in the field of toy figures and interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, each exterior surface comprises a closable opening formed therein allowing access to the interior cavity, and each closable opening comprises an open state and a closed state, as disclosed by Tilbor, to provide a torso with five appendage openings for a toy figure having a torso with a plurality of removable, spring-biased appendages.
Le discloses a central control module disposed within the torso of the doll body via the closable opening in the open state formed within the exterior surface of the torso ([0014], “Toy control system … mounts inside a toy like a doll”);
and a plurality of sets of simulation elements comprising a plurality of simulation elements, wherein: each of the head, the torso, the two arms and the two legs comprise a set of simulation elements, at least some of the plurality of simulation elements are in electronic communication with the central control module ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include a microphone …, an ambient light detector …, a temperature sensor …, touch sensors …, a pressure sensor …, A gyroscope or accelerometers … A speaker … a motor driver … A motor feedback” Examiner notes that in the claimed invention [0018]-[0025] the simulation elements comprise a microphone, accelerometer, audio speaker, heating element, capacitive touch sensor, tactile feedback element, and a motion sensor. Examiner notes that by definition, a microcomputer is used for electronic communication.), responsive to detecting one or more external stimuli events ([0036], “Table-IV shows how the toy states could be represented in the Perl software language … detecting if a sensor is activated”), a first simulation element of the plurality of simulation elements generates a detection signal that is communicated to the central control module ([0037], “FIG. 5 represents how the states and transitions of a wrestling doll can be organized ... An input sensor complement ... comprises capacitive touch sensors ... in the arms and legs, accelerometers ... in the head and chest, capacitive pressure sensors ... in the chest, and an ambient light sensor ... in the head. For example, these produce state transitions ... for the left arm, right arm, right leg, and left leg if the corresponding state register is active... State transition ... checks the states of the head and chest accelerometers ... for wrestling forces being applied to the doll that would characterise so-called helicopter ... actions ... A state transition ... sees that the limbs are all released, followed by a state transition ... consistent with an impact of the doll on the ground. The doll would then produce a sound output recognizing to the user that it had suffered a helicopter throw-down.”), and responsive to receiving the detection signal, the central control module generates one or more control signals that are communicated to at least a second simulation element of the plurality of simulation elements ([0036], “Table-IV shows how the toy states could be represented in the Perl software language … detecting if a sensor is activated … Right arm touch sensor activated … Headlight sensor activated”), the plurality of simulation elements comprise an audio speaker, responsive to the detecting the one or more external stimuli events, the audio speaker outputs simulated baby noise audio segments, the simulated baby noise audio segments comprise one or more negative simulated baby noise audio segments, one or more neutral simulated baby noise audio segments, and one or more positive simulated baby noise audio segments, and when the one or more external stimuli events cause the one or more negative mood simulated baby noise audio segments to at least partially overlap with the one or more neutral simulated baby noise audio segments or the one or more positive simulated baby noise audio segments, the one or more negative mood simulated baby noise audio segments take priority over and are output from the audio speaker in place of the one or more neutral simulated baby noise audio segments or the one or more positive simulated baby noise audio segments ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include … touch sensors …, … A speaker” Examiner notes that touch sensors inherently detect external stimuli and that using the programmable microcomputer will enable the speaker to output baby noises associated with various moods).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, a central control module disposed within the torso of the doll body via the closable opening in the open state formed within the exterior surface of the torso; and a plurality of sets of simulation elements comprising a plurality of simulation elements, wherein: each of the head, the torso, the two arms and the two legs comprise a set of simulation elements, at least some of the plurality of simulation elements are in electronic communication with the central control module, responsive to detecting one or more external stimuli events, a first simulation element of the plurality of simulation elements generates a detection signal that is communicated to the central control module, and responsive to receiving the detection signal, the central control module generates one or more control signals that are communicated to at least a second simulation element of the plurality of simulation elements, the plurality of simulation elements comprise an audio speaker, responsive to the detecting the one or more external stimuli events, the audio speaker outputs simulated baby noise audio segments, the simulated baby noise audio segments comprise one or more negative simulated baby noise audio segments, one or more neutral simulated baby noise audio segments, and one or more positive simulated baby noise audio segments, and when the one or more external stimuli events cause the one or more negative mood simulated baby noise audio segments to at least partially overlap with the one or more neutral simulated baby noise audio segments or the one or more positive simulated baby noise audio segments, the one or more negative mood simulated baby noise audio segments take priority over and are output from the audio speaker in place of the one or more neutral simulated baby noise audio segments or the one or more positive simulated baby noise audio segments, as disclosed by Le, to provide a control system that mounts inside a toy, where the control system comprises a microcomputer, various sensors, a microphone, a speaker, a motor driver, a motor feedback, and software language for detecting activation states for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
In regards to claim 21, Richter does not disclose wherein: motion detected by the plurality of simulation elements triggers the audio speaker to output the one or more neutral mood simulated baby noise audio segments comprising sleeping sounds, nasal whistling sounds from breathing, or inhalation and exhalation sounds, a first force incident upon the doll body that exceeds a predetermined force threshold as detected by the plurality of simulation elements triggers the audio speaker to output the one or more negative mood simulated baby noise audio segments comprising whining sounds or crying sounds, and a second force incident upon the doll body that does not exceed the predetermined force threshold triggers the audio speaker to output one or more neutral mood simulated baby noise audio segments or one or more positive mood simulated baby noise audio segments comprising talking sounds, sneezing sounds, gurgling sounds, hiccuping sounds, snorting sounds, or laughing sounds.
Le discloses
wherein: motion detected by the plurality of simulation elements triggers the audio speaker to output the one or more neutral mood simulated baby noise audio segments comprising sleeping sounds, nasal whistling sounds from breathing, or inhalation and exhalation sounds, a first force incident upon the doll body that exceeds a predetermined force threshold as detected by the plurality of simulation elements triggers the audio speaker to output the one or more negative mood simulated baby noise audio segments comprising whining sounds or crying sounds, and a second force incident upon the doll body that does not exceed the predetermined force threshold triggers the audio speaker to output one or more neutral mood simulated baby noise audio segments or one or more positive mood simulated baby noise audio segments comprising talking sounds, sneezing sounds, gurgling sounds, hiccuping sounds, snorting sounds, or laughing sounds ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include … touch sensors …, … A speaker” Examiner notes that sensors inherently detect external stimuli, such as motion and force, and that using the programmable microcomputer will allow threshold settings and will enable the speaker to output baby noises associated with the threshold setting and various moods).
Richter and Le are considered analogous to the claim invention because they are in the field of interactive toys. 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 therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity, as disclosed by Richter, wherein: motion detected by the plurality of simulation elements triggers the audio speaker to output the one or more neutral mood simulated baby noise audio segments comprising sleeping sounds, nasal whistling sounds from breathing, or inhalation and exhalation sounds, a first force incident upon the doll body that exceeds a predetermined force threshold as detected by the plurality of simulation elements triggers the audio speaker to output the one or more negative mood simulated baby noise audio segments comprising whining sounds or crying sounds, and a second force incident upon the doll body that does not exceed the predetermined force threshold triggers the audio speaker to output one or more neutral mood simulated baby noise audio segments or one or more positive mood simulated baby noise audio segments comprising talking sounds, sneezing sounds, gurgling sounds, hiccuping sounds, snorting sounds, or laughing sounds, as disclosed by Le, to provide a control system that mounts inside a toy, where the control system comprises a microcomputer, various sensors, a microphone, a speaker, a motor driver, a motor feedback, and software language for detecting activation states for interactive toys with control system architectures for defining, describing and coding control programs for interactive toy behaviors.
Response to Arguments
Applicant's arguments filed December 29, 2025 have been fully considered, but they are not persuasive. Applicant amended claims 1, 7, 11, 14, and 17-20. Applicant added claim 21 and cancelled claims 13 and 16. Claims 1-12, 14-15, and 17-21 remain pending in this application. With respect to “Rejections Under 35 U.S.C. 103”, Applicant argues “None of the references cited in the Notice of References Cited disclose, teach or suggest at least the above claim elements amended into amended claim 1, and accordingly, no prima facie case of anticipation or obviousness exists with respect to claim 1.” (See AMENDMENT AFTER NON-FINAL REJECTION, REMARKS, Rejections Under 35 U.S.C. 103, Claims 1-20, page 12, paragraph 1) and “none of the references cited in the Notice of References Cited disclose, teach or suggest at least the above elements of amended claims 19 and 20, and accordingly, no prima facie case of anticipation or obviousness exists with respect to claims 19 and 20” (See AMENDMENT AFTER NON-FINAL REJECTION, REMARKS, Rejections Under 35 U.S.C. 103, Claims 1-20, page 13, lines 1-3. Examiner acknowledges Applicant’s remarks. With respect to claim 1, Richter discloses a therapeutic interactive doll system, comprising: a doll body having a head, a torso, two arms and two legs, wherein: each of the head, the torso, the two arms and the two legs comprise an exterior surface enclosing an interior cavity ([0032], “FIG. 4 is another schematic illustrating … an inventive doll” See Richter Annotated Fig 4 depicting a head, a torso, two arms, two legs, and an interior cavity. Richter Annotated Fig 4 depicts an exterior surface (highlighted in yellow) and its corresponding parts: head, torso, two arms, and two legs (all highlighted in yellow).), Tilbor discloses and each exterior surface comprises a closable opening formed therein allowing access to the interior cavity (column 2, lines 65-66, column 3, lines 2-3, “the present invention … includes a torso … having five appendage openings … a head … a left arm … a right arm … a left leg … and a right leg”), and Le discloses a central control module disposed within the doll body ([0014], “Toy control system … mounts inside a toy like a doll”); and a plurality of simulation elements disposed within the doll body, wherein at least some of the plurality of simulation elements are in electronic communication with the central control module and detect one or more external stimuli events ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include a microphone …, an ambient light detector …, a temperature sensor …, touch sensors …, a pressure sensor …, A gyroscope or accelerometers … A speaker … a motor driver … A motor feedback” Examiner notes that in the claimed invention [0018]-[0025] the simulation elements comprise a microphone, accelerometer, audio speaker, heating element, capacitive touch sensor, tactile feedback element, and a motion sensor. Examiner notes that by definition, a microcomputer is used for electronic communication and that touch sensors inherently detect external stimuli.), the plurality of simulation elements comprise an audio speaker ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include … A speaker”), responsive to the detecting the one or more external stimuli events, the audio speaker outputs simulated baby noise audio segments, and the simulated baby noise audio segments comprise one or more negative mood simulated baby noise audio segments, one or more neutral mood simulated baby noise audio segments, and one or more positive mood simulated baby noise audio segments, wherein when the audio speaker outputs the one or more negative mood simulated baby noise audio segments, the one or more neutral mood simulated baby noise audio segments and one or more positive mood simulated baby noise audio segments are not output from the audio speaker for a predetermined period of time after outputting the one or more negative mood simulated baby noise audio segments ([0014], “FIG. 1 represents a toy control system … comprises a programmable microcomputer … Inputs to programmable microcomputer … include … touch sensors …, … A speaker” Examiner notes that touch sensors inherently detect external stimuli and that using the programmable microcomputer will enable the speaker to output baby noises associated with various moods).
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 rejections of claims 1, 19 (which is almost identical to claim 1), and 20 (which is almost identical to claim 1) as obvious by Richter in view of Tilbor and Le, are maintained. Consequently, the rejections of dependent claims 2-12, 14-15, 17-18, and 21 are maintained.
Furthermore, MPEP 2141.01(a) discusses obviousness regarding analogous art. Under MPEP 2141.01(a), a reference is analogous to the claimed invention if: (1) the reference is from the same field of endeavor (even if it addresses a different problem): or (2) the reference is reasonable pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention). Examiner notes that combined Richter, Tilbor, and Le are reasonably pertinent to the problem faced by the inventor. Therefore, the rejections of claims 1, 19, and 20 and dependent claims 2-12, 14-15, 17-18, and 21, as obvious over Richter in view of Tilbor and Le, are maintained.
As to establishing a prima facie case of obviousness, upon review, the
examiner’s rejection satisfied the requirements for applying Rationale G in 2143(I)(G).
Applicant’s argument is not persuasive because the argument does not meet the
requirements of 37 C.F.R. 1.111(b), and, upon review, the rejection does make a prima
facie case using 2143(I)(G). Therefore, the rejections of amended claims 1, 19, and 20, as obvious over Richter in view of Tilbor, and Le are maintained. Consequently, the rejections of dependent claims 2-12, 14-15, 17-18, and 21 are maintained.
Conclusion
Applicant's amendment necessitated the new grounds of rejections 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.
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(571) 272-4252 and whose email address is lantoine@uspto.gov. The examiner can be reached Monday-Thursday, 7:30 am-5:30 pm CT. 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 on (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/LISA H ANTOINE/
Examiner, Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715