DETAILED ACTION
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 .
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.
Response to Amendment
This is a response to Applicant’s amendment filed on 21 November 2025, wherein:
Claims 1-5, 7, and 8 are amended.
Claim 6 is previously presented.
Claims 1-8 are pending.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code 112(b) not included in this action can be found in a prior Office action.
Claims 3-8 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.
Regarding claims 3 and 4, claim 3 recites “the mood selection surface and respective mood degree selection surfaces of the C mood degree selection surfaces are without overlap with one another” and claim 4 recites “the mood selection surface region and respective mood degree selection surface region of the C mood degree selection surface regions are without overlap with one another”. It is unclear “are without overlap with one another” further limits the claim. In particular, this language is grammatically and idiomatically incorrect causing one of ordinary skill in the art to not be apprised of the metes and bounds of the patent protection sought. Dependent claims 5-8 inherit the deficiencies of their respective parent claims, and are thus rejected under the same rationale.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code 102 not included in this action can be found in a prior Office action.
Claims 1 and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lui et al. (US 2002/0009696, hereinafter referred to as Lui).
Regarding claim 1, Lui teaches a mood information presentation tool being a three-dimensional object that is an approximately regular hexahedron (Lui, Abstract, “An educational method, apparatus, and instructions for improving an individual's ability to identify and express emotions, associate their emotion with needs, and then communicate the emotion and need through blocks having multiple faces.” A block as illustrated in Lui is a regular hexahedron.), wherein
respective five faces of six faces of a surface of the three-dimensional object distinctively correspond to one of:
a mood selection face, a first mood degree selection face, a second mood degree selection face, a third mood degree selection face, or a fourth mood degree selection face (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
the mood selection face includes a first mood region, a second mood region, a third mood region, and a fourth mood region which are regions that include, as a side, one respectively different side among four sides shared by the mood selection face and each of the first mood degree selection face, the second mood degree selection face, the third mood degree selection face, and the fourth mood degree selection face and which are approximately congruent regions (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”),
the first mood region is made up of a first mood face region which is a region where a picture simulating a face when happy is displayed and a first mood background region which is a region given a first basic color determined in advance as a color corresponding to the mood of happiness (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”),
the second mood region is made up of a second mood face region which is a region where a picture simulating a face when sad is displayed and a second mood background region which is a region given a second basic color determined in advance as a color corresponding to the mood of sadness (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”),
the third mood region is made up of a third mood face region which is a region where a picture simulating a face when angry is displayed and a third mood background region which is a region given a third basic color that is determined in advance as a color corresponding to the mood of anger (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”),
the fourth mood region is made up of a fourth mood face region which is a region where a picture simulating a face when scared is displayed and a fourth mood background region which is a region given a fourth basic color that is determined in advance as a color corresponding to the mood of fear (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”),
the first basic color, the second basic color, the third basic color, and the fourth basic color are mutually different (Lui, para. 16, “The blocks can be… color-coded”),
the first mood degree selection face is a face in contact with the first mood region of the mood selection face, which is given the first basic color, and which includes a set of a plurality of signs representing a degree of mutually different magnitudes (Lui, para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”),
the second mood degree selection face is a face in contact with the second mood region of the mood selection face, which is given the second basic color, and which includes a set of a plurality of signs representing a degree of mutually different magnitudes (Lui, para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”),
the third mood degree selection face is a face in contact with the third mood region of the mood selection face, which is given the third basic color, and which includes a set of a plurality of signs representing a degree of mutually different magnitudes (Lui, para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”), and
the fourth mood degree selection face is a face in contact with the fourth mood region of the mood selection face, which is given the fourth basic color, and which includes a set of a plurality of signs representing a degree of mutually different magnitudes (Lui, para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”).
Regarding claim 3, Lui teaches a mood information presentation tool comprising:
a three-dimensional object C mood categories, where C denotes an integer equal to or larger than 2, from first mood category to C-th mood category, and a c-th category denotes one of the C mood categories according to numeral c where c denotes each integer that is 1 or more and C or less (Lui, Abstract, “An educational method, apparatus, and instructions for improving an individual's ability to identify and express emotions, associate their emotion with needs, and then communicate the emotion and need through blocks having multiple faces.” A block as illustrated in Lui is a three-dimensional object.), wherein
a surface of the three-dimensional object comprises at least a mood selection surface and C mood degree selection surfaces from a first mood degree selection surface to a C-th mood degree selection surface, and the mood selection surface and respective mood degree selection surface of the C mood degree selection surfaces are without overlap with one another (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
each basic color of C basic colors from a first basic color to a C-th basic color is distinct from one another, and a c-th basic color denotes one of the C basic colors according to numeral c (Lui, para. 16, “The blocks can be… color-coded”),
the mood selection surface comprises at least C mood regions from a first mood region to a C-th mood region and a c-th mood region denotes one of the C mood regions according to numeral c, respective mood regions of the C mood regions are approximately congruent regions, contours of the respective mood regions comprise distinct parts in approximately a same length of a contour of the mood selection surface (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
each of the C mood regions from the first mood region to the C-th mood region is made up of a c-th mood face region which is a region displaying a picture simulating a face when experiencing a mood of the c-th category being a mood category which the c-th mood region corresponds to and a c-th mood background region which is a region to which the c-th basic color is given (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”),
the C mood degree selection surfaces from the first mood degree selection surface to the C-th mood degree selection surface are approximately congruent (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.” Para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”), and
each of the C mood degree selection surfaces from the first mood degree selection surface to the C-th mood degree selection surface is a surface which is in contact with the c-th mood region of the mood selection surface, which is given the c-th basic color, and which includes a set of a plurality of signs representing degrees of mutually different magnitudes (Lui, para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”).
Regarding claim 4, Lui teaches a mood information presentation tool comprising:
a three-dimensional object covering C mood categories, where C denotes an integer equal to or larger than 2, from first mood category to C-th mood category, and a c-th category denotes one of the C mood categories according to numeral c where c denotes each integer that is 1 or more and C or less (Lui, Abstract, “An educational method, apparatus, and instructions for improving an individual's ability to identify and express emotions, associate their emotion with needs, and then communicate the emotion and need through blocks having multiple faces.” A block as illustrated in Lui is a three-dimensional object.), wherein
a surface of the three-dimensional object comprises at least a mood selection surface region and C mood degree selection surface regions from a first mood degree selection surface region to a C-th mood degree selection surface region, and the mood selection surface region and respective mood degree selection surface region of the C mood degree selection surface regions are without overlap with one another (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
each basic color of C basic colors from a first basic color to a C-th basic color is distinct from one another, and a c-th basic color denotes one of the C basic colors according to numeral c (Lui, para. 16, “The blocks can be… color-coded”),
the mood selection surface region comprises at least C mood regions from a first mood region to a C-th mood region and a c-th mood region denotes one of the C mood regions according to numeral c, respective mood regions of the C mood regions are approximately congruent regions, contours of the respective mood regions comprise distinct parts in approximately a same length of a contour of the mood selection surface region (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
each of the C mood regions from the first mood region to the C-th mood region is made up of a c-th mood face region which is a region displaying a picture simulating a face when experiencing a mood of the c-th category being a mood category which the c-th mood region corresponds to and a c-th mood background region which is a region to which the c-th basic color is given (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”),
the C mood degree selection surface regions from the first mood degree selection surface region to the C-th mood degree selection surface region are approximately congruent regions (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.” Para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”), and
each of the C mood degree selection surface regions from the first mood degree selection surface region to the C-th mood degree selection surface region is a surface region which is in contact with the c-th mood region of the mood selection surface region, which is given the c-th basic color, and which includes a set of a plurality of signs representing degrees of mutually different magnitudes (Lui, para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”).
Regarding claim 5, Lui teaches the mood information presentation tool according to claim 3, wherein
the set of a plurality of signs representing degrees of mutually different magnitudes comprises at least one of:
a first set of N approximately similar graphics with mutually different sizes, or
a second set of N groups of graphics of predetermined shapes of which numbers mutually differ, wherein the N describes an integer greater than one (Lui, para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code 103 not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lui et al. (US 2002/0009696, hereinafter referred to as Lui).
Regarding claim 2, Lui teaches a mood information presentation tool being a three-dimensional object that is an approximately regular hexahedron (Lui, Abstract, “An educational method, apparatus, and instructions for improving an individual's ability to identify and express emotions, associate their emotion with needs, and then communicate the emotion and need through blocks having multiple faces.” A block as illustrated in Lui is a regular hexahedron.), wherein
respective five faces of six faces of a surface of the three-dimensional object distinctively correspond to one of:
a mood selection face, a degree selection first face, a degree selection second face, a degree selection third face, and a degree selection fourth face (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
the degree selection first face is a face in contact with the mood selection face, the degree selection fourth face, or the degree selection second face (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
the degree selection second face is a face in contact with the mood selection face, the degree selection first face, and the degree selection third face (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
the degree selection third face is a face in contact with the mood selection face, the degree selection second face, and the degree selection fourth face (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
the degree selection fourth face is a face in contact with the mood selection face, the degree selection third face, and the degree selection first face (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
the first mood region is made up of a first mood face region which is a region where a picture simulating a face when happy is displayed and a first mood background region which is a region given a first basic color determined in advance as a color corresponding to the mood of happiness (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”),
the second mood region is made up of a second mood face region which is a region where a picture simulating a face when sad is displayed and a second mood background region which is a region given a second basic color determined in advance as a color corresponding to the mood of sadness (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”),
the third mood region is made up of a third mood face region which is a region where a picture simulating a face when angry is displayed and a third mood background region which is a region given a third basic color that is determined in advance as a color corresponding to the mood of anger (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”),
the fourth mood region is made up of a fourth mood face region which is a region where a picture simulating a face when scared is displayed and a fourth mood background region which is a region given a fourth basic color that is determined in advance as a color corresponding to the mood of fear (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”),
the first basic color, the second basic color, the third basic color, and the fourth basic color are mutually different (Lui, para. 16, “The blocks can be… color-coded”),
a surface region which extends over the degree selection first face and the degree selection second face and which includes, as a contour, a portion being a contour of the first mood region among the contour of the mood selection face is designated as a first mood degree selection surface region (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
a surface region which extends over the degree selection second face and the degree selection third face and which includes, as a contour, a portion being a contour of the second mood region among the contour of the mood selection face is designated as a second mood degree selection surface region (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
a surface region which extends over the degree selection third face and the degree selection fourth face and which includes, as a contour, a portion being a contour of the third mood region among the contour of the mood selection face is designated as a third mood degree selection surface region (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
a surface region which extends over the degree selection fourth face and the degree selection first face and which includes, as a contour, a portion being a contour of the fourth mood region among the contour of the mood selection face is designated as a fourth mood degree selection surface region (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
the first mood degree selection surface region, the second mood degree selection surface region, the third mood degree selection surface region, and the fourth mood degree selection surface region are approximately congruent (Lui, para. 21, “a physical apparatus according to the invention might include informative indicia on faces of blocks such as "mean", "angry", "happy", "sad", "frustrated", "calm", "anxious", etc., in a first set for feelings… Variations in color and additional textual and pictorial material may be useful as well, as will be understood by psychologists, psychiatrists, counselors, and others familiar with emotions and needs, and problems in the communication thereof, in human beings. Variations in color are used in alternative embodiments of the blocks and the support structure to aid the user to distinguish between the first and second sets of blocks, the right and left locations in the support structure, the feeling gauge, and other aspects of the invention.”; para. 44, “Each faces of the block would include a representation of a degree of feeling”),
the first mood degree selection surface region is given the first basic color and includes a set of a plurality of signs representing a degree of mutually different magnitudes (Lui, para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”),
the second mood degree selection surface region is given the second basic color and includes a set of a plurality of signs representing a degree of mutually different magnitudes (Lui, para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”),
the third mood degree selection surface region is given the third basic color and includes a set of a plurality of signs representing a degree of mutually different magnitudes (Lui, para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”), and
the fourth mood degree selection surface region is given the fourth basic color and includes a set of a plurality of signs representing a degree of mutually different magnitudes (Lui, para. 24, “a legend adapted to aid the user in identifying the intensity of his or her feelings or needs, termed a feeling gauge. Such a legend advantageously takes the form of a numerically graduated scale, as for example between zero and five, with a legend indicating that a level of zero corresponds to ‘not at all’ and a level of five corresponds to a level of ‘very much’.”).
Lui does not explicitly teach the mood selection face includes a first mood region, a second mood region, a third mood region, and a fourth mood region which are regions that include, as a contour, a set made up of two adjacent line segments interposing a vertex among eight line segments approximately bisecting each of four sides shared by the mood selection face and each of the degree selection first face, the degree selection second face, the degree selection third face, and the degree selection fourth face and which are approximately congruent regions.
However these differences are only found in the nonfunctional data stored on the article of manufacture and is not functionally related to the substrate of the article of manufacture. Thus, this descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Lui to include the mood selection face includes a first mood region, a second mood region, a third mood region, and a fourth mood region which are regions that include, as a contour, a set made up of two adjacent line segments interposing a vertex among eight line segments approximately bisecting each of four sides shared by the mood selection face and each of the degree selection first face, the degree selection second face, the degree selection third face, and the degree selection fourth face and which are approximately congruent regions because illustrating the mood selection face as claimed is merely a design choice that does not functionally relate to the substrate of the article of manufacture and has not been disclosed to solve any stated problem or is for any particular purpose which does not patentably distinguish the claimed invention.
Regarding claim 6, Lui does not explicitly teach a cover for a mood information presentation tool to cover a three-dimensional object in order to produce the mood information presentation tool according to claim 3, comprising:
a surface including at least a developed view of the mood information presentation tool; and
a joining mechanism for joining two sides that become a same side in the mood information presentation tool among a contour of the developed view.
Regarding claim 7, Lui does not explicitly teach a paper pattern for a mood information presentation tool, having a surface on which is printed at least any of a developed view of the mood information presentation tool according to claim 3, and a set of drawings which is obtained by dividing the developed views into a plurality of parts and which explicitly shows joint portions.
Regarding claim 8, Lui does not explicitly teach a paper pattern for a mood information presentation tool, being an electronic file on which is recorded an image of at least any of a developed view of the mood information presentation tool according to claim 3, and a set of drawings which is obtained by dividing the developed views into a plurality of parts and which explicitly shows joint portions.
Regarding claims 6-8, Dancing Crayon Designs teaches a paper pattern being an electronic file on which is recorded an image of a blank dice template that can customized with whatever images a user may design. Thus, Dancing Crayon Designs teaches cover comprising a surface and a joining mechanism of claim 6 and the paper patterns of claims 7 and 8.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use the paper pattern electronic file of Dancing Crayon Designs to create the blocks of Lui because it allows customization of Lui’s blocks for any particular use or design.
Response to Arguments
Applicant's arguments with respect to the rejections of claims 3-8 under 35 USC 112(b) have been fully considered but they are not persuasive. Applicant asserts that amendments overcome the rejections.
Examiner is not persuaded. While the amendments obviate the original rejections, they necessitate new rejections.
Applicant's arguments with respect to the rejections of claims 1 and 3-5 under 35 USC 102 have been fully considered but they are not persuasive. Applicant asserts that Lui does not teach all the elements of the amended claims.
Examiner is not persuaded. Applicant is directed to the rejections which have been updated to address the amendments to the claims under the broadest reasonable interpretation.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/D.L./Examiner, Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715