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 .
Claim Rejections - 35 USC § 112b
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.
Claim 3 and dependent claims 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 3 recites the limitation "MCU die”. There is insufficient antecedent basis for this limitation in the claim. Introduction of new labels for elements requires prior antecedent basis. “MCU” is considered to be “microcontroller unit”. As such, proper and consistent use of labels is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, 5, 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan US2017/0340242 and further in view of Hou US2011/0074486.
Duan discloses for claim 1, “A capsule apparatus (fig 1; 0052) comprises: an enclosure (housing shown in fig 1) and a capsule core (internal components of capsule) arranged in the enclosure, wherein the capsule core comprises:
a power supply (0052);
an acceleration sensor (0052) connected to the power supply, wherein the acceleration sensor comprises a first detection frequency and a second detection frequency, the second detection frequency is greater than the first detection frequency (0024 describes the low and high sampling frequencies), and the acceleration sensor is configured to perform a fast detection mode at the second detection frequency when a detected acceleration value reaches a preset value (0013 – 0014, 0030-0035);
a switching element comprising an input terminal connected to the power supply (the switching circuitry contained within the microcontroller unit 0030, 0034, 0052 to turn on and off the capsule as described at 0035) and a control terminal connected to the acceleration sensor (the circuitry connection for the acceleration sensor and the microcontroller 0030), wherein the switching element comprises a first output terminal and a second output terminal, and the first output terminal and the second output terminal are independently powered on and off by the acceleration sensor (the microcontroller operates to perform multiple functions independently, including “turning on the capsule” 0035 and operating a working system, e.g. communications module 0042-0043 and a vibration motor 0056, 0060; these different functions comprise connecting circuitry reading on the first and second output terminals to independently provide power and control);
a control unit connected to the first output terminal of the switching element (internal portion of microcontroller unit directly connected to the switching element for controlling the power supply and working system; 0030);
a working system (vibration motor 0056, 0060) connected to the second output terminal of the switching element (internal circuitry connection of the microcontroller unit); and wherein the capsule core further comprises a microcontroller unit (microcontroller unit; 0030), wherein the control unit is integrated in the microcontroller unit (control unit as the internal components circuitry of the microcontroller unit specifically performing the functions in described), and the output terminal of the switching element is connected to the microcontroller unit (the internal connecting circuitry for the switching element within the disclosed microcontroller)”.
Duan does not disclose the specific nature of the switching element as MOS transistors and directly gating, i.e. “and said switching element is a sensor-controlled hardware comprising MOS transistors, wherein the acceleration sensor directly gates the switching element”. Hou teaches in the same field of endeavor, MOSFET switching tubes to control switching of circuit elements (0041, 0084; fig 12), which are directly gated – see fig 12 e.g. element 1035 labeled T1 supplies a signal through diode 1036 to the gate of the MOSFET. Since Duan fails to disclose the nature of the circuitry elements, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any switching element known in the art, including the one taught by Hou to achieve the circuitry connection for the switching element to the other elements in the capsule. Additionally, applicant’s amendment and argument is directed toward the incorrect assertion that Duan’s device necessarily requires a user prompt and confirmation (page 8 of arguments), which somehow prevents a direct gating of the MOSFET switch. Without conceding the latter assertion, the previous assertion is shown to be incorrect at 0030 of Duan which explicitly indicates that the request to confirm from a user is an option, “and/or”, i.e. “Based on the measured changes detected by the sensor, the microcontroller ‘guesses’ if the capsule intends to be in a working state or non-working state by sending out instructions to take more measurement at different conditions and/or request a confirm from a user to input commands either through a user interface or not through a user interface. The user input is simply an option and not a requirement. Therefore, the system is able to directly trigger, i.e. gate the MOSFET switch as shown in Hou, without the need of secondary confirmation signals.
Modified Duan discloses for claim 2, “The capsule apparatus of claim 1, wherein the MOS transistors are a first MOS tube and a second MOS tube, wherein a first output terminal of the first MOS tube is connected to the control unit through the microcontroller unit, and a second output terminal of the second MOS tube is connected to the working system (Hou: 0041, 0084; fig 12)”.
Duan discloses for claim 5, “A starting method (0013) of the capsule apparatus of claim 1, comprises:
receiving an acceleration value detected by the acceleration sensor (0024, 0034 acceleration sensor data);
determining whether the detected acceleration value reaches a preset value (0034 – threshold value);
driving the power supply to supply power to the control unit inside the capsule apparatus when the detected acceleration value reaches the preset value (0047 describes acceleration data generated through hand motions to turn on the capsule device, i.e. supply power where the control unit is in a non-working state and then activated to further turn on e.g. the communications module 0043);
detecting a specific operation of the capsule apparatus and identifying a gesture applied to the capsule apparatus, via embedded pattern recognition without external tools (0043 describes when the third acceleration period is detected, a communications module is turned on; additionally, 0041 discloses the detection of a user’s series of hand motions to purposely let the acceleration sensor detect acceleration signals for generating a control signal; 0045 describes up to four acceleration data points as the stored pattern to be recognized.);
determining whether the gesture is a preset action (0043 the third acceleration is the preset action to turn on the communications module and is determined as a preset action when the third acceleration is detected); and
driving the power supply to supply power to the working system inside the capsule apparatus when the gesture is the preset action (0043 describes turning on the communications module)”.
Duan discloses for claim 7, “The starting method of claim 5, wherein after the step "the detected acceleration value reaches the preset value" comprises: controlling the acceleration sensor to enter a fast detection mode (0034-0035)”.
Modified Duan discloses for claim 8, “The starting method of claim 5, wherein the step "driving the power supply to supply power to the control unit inside the capsule apparatus" (Duan: the microcontroller operates to perform multiple functions independently, including “turning on the capsule” 0035 and operating a working system, e.g. communications module 0042-0043 and a vibration motor 0056, 0060; these different functions comprise connecting circuitry reading on the first and second output terminals to independently provide power and control) specifically comprises: controlling a first MOS tube (Hou: 0041, 0084, fig 12) of the switching element, via information from the acceleration sensor (Duan: the circuitry connection for the acceleration sensor and the microcontroller 0030), to be connected to enable the power supply to supply power to the control unit by the acceleration sensor”.
Duan discloses for claim 9, “The starting method of claim 5, wherein after the step "the detected acceleration value reaches the preset value" comprises:
controlling the acceleration sensor to enter a gesture recognition mode (third acceleration period where the working units such as the communication modules are powered on in response to hand motion 0043);
wherein the step "detecting a specific operation of the capsule apparatus" comprises:
controlling the acceleration sensor to continuously detect the acceleration value to determine the specific operation of the capsule apparatus (0043 describes detecting the acceleration for hand motions to actuate additional functions)”.
Duan does not disclose for claim 10, “The starting method of claim 5, wherein the step "driving the power supply to supply power to the working system inside the capsule apparatus" comprises: controlling a second MOS tube of the switching element to be connected to power on the working system by the acceleration sensor”, but does describe providing power to the working system (communications module 0043), and simply does not specifically detail the switching circuitry involved. Hou teaches in the same field of endeavor, MOSFET switching tubes to control switching of circuit elements (0041, 0084). Since Duan fails to disclose the nature of the circuitry elements, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any switching element known in the art, including the one taught by Hou to achieve the circuitry connection for the switching element to the other elements in the capsule.
Claim(s) 3, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan and Hou and further in view of Inoue US20220338720.
Modified Duan (as in claim 1) discloses for claim 3, “A capsule apparatus (fig 1; 0052) comprises: an enclosure (housing shown in fig 1) and a capsule core (internal components of capsule) arranged in the enclosure, wherein the capsule core comprises:
a power supply (0052);
an acceleration sensor (0052) connected to the power supply, wherein the acceleration sensor comprises a first detection frequency and a second detection frequency, the second detection frequency is greater than the first detection frequency (0024 describes the low and high sampling frequencies), and the acceleration sensor is configured to perform a fast detection mode at the second detection frequency when a detected acceleration value reaches a preset value (0013 – 0014, 0030-0035);
a switching element comprising an input terminal connected to the power supply (the switching circuitry contained within the microcontroller unit 0030, 0034, 0052 to turn on and off the capsule as described at 0035) and a control terminal connected to the acceleration sensor (the circuitry connection for the acceleration sensor and the microcontroller 0030), wherein the switching element comprises a first output terminal and a second output terminal, and the first output terminal and the second output terminal are independently powered on and off by the acceleration sensor (the microcontroller operates to perform multiple functions independently, including “turning on the capsule” 0035 and operating a working system, e.g. communications module 0042-0043 and a vibration motor 0056, 0060; these different functions comprise connecting circuitry reading on the first and second output terminals to independently provide power and control);
a control unit connected to a first output terminal of the switching element (internal portion of microcontroller unit directly connected to the switching element for controlling the power supply and working system; 0030);
a working system (vibration motor 0056, 0060) connected to a second output terminal of the switching element (internal circuitry connection of the microcontroller unit); and
wherein the capsule core further comprises a microcontroller unit (microcontroller unit; 0030), wherein the control unit, and the switching element are integrated in the microcontroller unit (the internal connecting circuitry for the switching element within the disclosed microcontroller)”.
Duan does not disclose wherein the capsule core further comprises a microcontroller unit (microcontroller unit; 0030), wherein the control unit, “the acceleration sensor, and MOS transistors of the switching element are integrated in the microcontroller unit and monolithically integrated in the MCU die”, simply omitting the detail of where the acceleration sensor is configured and the detail of the die. Inoue teaches in the same field of endeavor, providing an acceleration sensor in a controller (0776). Since Duan fails to disclose the detail of where the acceleration sensor is configured, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any configuration known in the art, including the one taught by Inoue to achieve the configuration of the acceleration sensor in the microcontroller. Additionally, Lin teaches in the same field of endeavor, providing multiple different circuit elements onto a single chip (0020, 0025). Since Duan fails to disclose the detail of the die, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any configuration known in the art, including the one taught by Lin to achieve the configuration of the microcontroller die.
Duan does not disclose “and the output terminal of the switching element extends to outside of the microcontroller unit and is connected to the working system”, simply omitting the detail of where the output terminal of the switching element is configured.
Inoue teaches in the same field of endeavor, providing a working unit (vibration motor 222; 0336) external to the controller 226 (fig 46; 0336, 0345) necessarily configuring the output terminal, i.e. the circuitry to connect these elements extending outside of the microcontroller. Since Duan fails to disclose the nature of the output terminal, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any configuration known in the art, including the one taught by Inoue to achieve the configuration of the output terminal.
Modified Duan discloses for claim 4, “The capsule apparatus of claim 3, wherein the switching element comprises a first MOS tube and a second MOS tube, wherein a first output terminal of the first MOS tube is connected to the control unit, and a second output terminal of the second MOS tube is connected to the working system (Hou: 0041, 0084; fig 12)”.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan and Hou as applied to claim 5 above, and further in view of Matsumoto et al. US2006/0146739.
Duan discloses for claim 6,
“The starting method of claim 5, wherein before the step "the detected acceleration value reaches the preset value" comprises:
controlling the power supply to power on the acceleration sensor; controlling the acceleration sensor to enter a slow detection mode (this step can be applied to setting the capsule into the non-working state where it is stored on the shelf after manufacturing and calibration 0031-0033; in order to perform these steps, power must be supplied to the acceleration sensor and monitored at the first frequency, i.e. ”slow detection mode” while the capsule in known to be in the non-working state 0035)”.
Duan does not disclose
“controlling a first MOS tube of the switching element to be disconnected to power off the control unit by the acceleration sensor, and
controlling a second MOS tube of the switching element to be disconnected to power off the working system by the acceleration sensor”.
These steps involve powering down internal elements while in the low power/non-working state. Duan does not specifically detail such steps, but does disclose the requirement of low power consumption during shelf time 0009. Matsumoto teaches in the same field of endeavor, shutting off certain electrical components which are not necessary during a low power mode 0006, 0072-0074. Since Duan fails to disclose the specifics electrical elements to power off during a non-working state, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to shut down specific elements such as communications modules, processors, and other components known in the art, including the one taught by Matsumoto to achieve the low-power state.
Response to Arguments
Applicant's arguments filed 6/26/2025 have been fully considered but they are not persuasive.
Applicant’s first argument (page 8) asserts that Duan does not directly gate the switching element because Duan’s device requires a prompt from the user to confirm the activation, i.e. the MOSFET switch requires a complementary confirmation signal and therefore is unable to directly gate the MOSFET. As rebutted above, the device in question uses a user confirmation only as an option and is not required for the activation of the switch. Therefore, the activation is capable of occurring via a direct gating of the switching element.
For argument 2 (page 9), applicant asserts that Duan does not disclose identifying a gesture via an embedded pattern recognition without external tools, specifically arguing that Duan does not disclose a gesture validation step. The series of hand motions to activate the capsule (0041) disclosed by Duan is considered a gesture.
For argument 3, the argument is moot considering the application of the new prior art, e.g. Lin. Other details pertaining to MOSFET tubes are disclosed in the rejection above.
For argument 4, the issue of requiring a user input has been addressed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO892.
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 JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jae Woo/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
9/6/25