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 .
Election/Restrictions
Applicant’s election of Group III, claims 15-20, in the reply filed on May 30, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites “a desired shape.” It is unclear who or what determines whether a shape is desirable or undesirable, rendering the claim indefinite.
Claim 17 requires “a ferrofluid.” It is unclear if the ferrofluid is the previously recited ferrofluid of claim 15, or a second ferrofluid, rendering the claim indefinite.
Claim 18 requires a “novel input.” It is unclear if what inputs would be considered novel or not, rendering the claim indefinite.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 15, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Whitby (US 2015/0184497).
Claim 15: Whitby discloses a field control system for controllably delivering magnetic fields to a ferrofluid (abstract). The system includes a reversibly hardenable ferrofluid (¶ 12), a magnetic field chamber (fig. 1; 138); a processor (124; ¶ 21), and a memory (122) communicably coupled to the processor and storing instructions that when executed by the processor cause the processor to receive a device input from a user for the reversibly hardenable ferrofluid (¶¶ 21-23); provide a magnetic field to the reversibly hardenable ferrofluid in the magnetic field chamber (¶¶ 21-23); and harden the reversibly hardenable ferrofluid at a desired shape (¶¶ 21-23; fig. 4).
Claim 18: Whitby discloses receiving a novel input (¶¶ 21-23).
Claim 20: Whitby discloses the memory stores instruction to deliver the ferrofluid to the magnetic field chamber from a reservoir (¶ 23).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Whitby (US 2015/0184497), as applied to claim 1 above, in view of Moreland (US 2005/0170418).
Whitby discloses a plurality of chamber walls (fig. 4), and a reservoir configured to received and dispense a reversibly hardenable magnetic substance (¶¶ 22-23), but is silent as to an array of micromagnets positioned in connection with at least one of the walls, and a plurality of actuators positioned in connection with the micromagnets. However, Moreland discloses a field control system for controllably delivering magnetic fields to a ferrofluid (abstract), including an array of micromagnets positioned in connection with at least one of the walls (¶¶ 21, 23-25), and a plurality of actuators positioned in connection with the micromagnets (¶ 52). As taught by Moreland, the system provides a platform for selectively capturing and releasing magnetic particles (¶¶ 19-22). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the application to have utilized the micromagnets and actuators of Moreland in the system of Whitby to selectively capture and release magnetic particles to obtain a controllably shapeable/hardenable magnetic medium.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Whitby (US 2015/0184497), as applied to claim 1 above, in view of Oh (US 2006/0219308).
Whitby discloses a ferrofluid, but is silent as to a reversible hardening agent dispersed in the ferrofluid capable of repeatedly transitioning the ferrofluid between a liquid and a solid state. However, Oh discloses a field control system for controllably delivering magnetic fields to a ferrofluid (abstract), including a reversible hardening agent dispersed in the ferrofluid capable of repeatedly transitioning the ferrofluid between a liquid and a solid state (¶¶ 14, 17, 30). As taught by Oh, including a reversible hardening agent dispersed in the ferrofluid allows for repeatable solidification/liquefaction while maintaining magnetic addressability. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the application to have included the reversible hardening agent of Oh in the ferrofluid of Whitby to allow for repeatable solidification/liquefaction while maintaining magnetic addressability.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Whitby (US 2015/0184497), as applied to claim 1 above, in view of Zlokamik (US 6,594,630).
Claim 19: Whitby is silent as to receiving voice commands. However, Zlokamik discloses a voice-activated control apparatus for receiving user voice commands (abstract.) It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the application to have included the well-established voice-recognition front end, yielding predictable benefits (hands-free operation, safety, convenience) in controlling the underlying user input.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY THROWER whose telephone number is (571)270-5517. The examiner can normally be reached 9am-5pm MT M-F.
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, Susan Leong can be reached at 571-270-1487. 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 and https://www.uspto.gov/patents/docx for information about filing in DOCX format. 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.
/LARRY W THROWER/Primary Examiner, Art Unit 1754