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 .
DETAILED ACTION
Response to Amendment
Applicant’s amendment filed July 06, 2026. Claims 13, 17-33, 35, 37-46, 50-52 previously withdrawn. Claims 1-12, 14-16,34, 36, 47-49 and 53 are presented for examinations. Applicant’s amendment has been fully considered and entered.
Claim Rejections - 35 USC § 112
2. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 7 and 53 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1 recites that the affecting, by a heater, a temperature change for generating a smoke that is based on vaporized material; however, there is no support for this in the original disclosure. Paragraph [0113] of the published specification (Original submitted specification page 25, lines 11-120) does identify heaters or coolers may be used, but specifically “temperature change for generating a smoke that is based on vaporized material” not disclosed.
Similarly, claim 7 recites “generating of the smoke…” and claim 53 recites “vaporized material comprises a smoke……”
Claim Rejections - 35 USC § 103
3. 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 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 of this title, 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.
4. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
5. Claims 1-7, 12, 14-16, 34, 36, and 47-49 and 53 are rejected under 35 U.S.C. 103(a) as being unpatentable over Rudell (US 2005/0288133 A1) in view of Rast (US
20030216228 A1) and further in view of Siegel (US 20090042677 A1.
Regarding claim 1, Rudell discloses a method comprising: signaling, by a signaling component, to a person (paragraph 0020, display 30 as in FIG. 4, display 30 provide alphanumeric indication of impact count, paragraph 0026, ball 10 have multiple impact detectors located throughout housing 12, other types of detectors such as accelerometers employed for motion or movement);
controlling, by software that is executed by a processor (FIG. 5, detector 18 include an electrically conductive spring 40) [Applicant’s invention described as in Para. 0111, payload including annunciator providing visual or audible signaling, payload adapted to perform other functions, physical movement or other motive functions (e.g., pop-up figure), payload include motors, winches, fans, reciprocating elements, Fig. 3, game ball 10 include an impact detector 18 and circuit 20 include a controller 22, paragraph 0020-0021 controller 22 operate in accordance with a program (i. e. use software), controller 22 and light indicator 28 provide visual indication of detector 18 detects impact),
connecting, via a connector, to a cable carrying DC power; and charging, from the DC power, the rechargeable battery, wherein the battery, the processor, the connector, the heater (FIG. 2 ball 10 is typically small enough (i. e., handheld unit) to be kicked by a player, FIG. 3, game ball 10 include impact detector 18 and detector 18 detect number of times ball housing 12 is impacted and coupled to a circuit 20 which include a controller 22, paragraph 0023, switch 34 connected to circuit 20 and a power source 36 such as a battery and located on housing 12 of ball 10), and
the signaling component are enclosed in a housing that is dimensioned and shaped as a hand-held housing (paragraph 0017-0018, FIG. 2 ball 10 is typically small enough (i. e., handheld unit) to be kicked by a player).
Rudell fails to disclose the powering, the processor, and the signaling component, by a rechargeable battery.
In analogous art, Rast discloses powering, the processor, and the signaling component, by a rechargeable battery (para 117, Powered by a battery or similar portable power source, para 174, powered by a method selected from the following (1) primary batteries, (2) sealed rechargable cells, (3) inductive charging (of battery or capacitor), (4) convert impact accelerations to energy).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rudell to use game device to adapt signal from motor to processor giving position information as taught by Rast to use small portable electronic device which mounts near the hands of an athlete or more preferably to the associated sports equipment, such as a golf club, tennis racket, baseball , and so forth, to convert the kinesthetics of swing metrics to a discernable multidimensional acoustic pattern which represents the important aspects of the swing [Rast, [150].
Rudell and Rast fails to disclose affecting, by a heater, a temperature change for generating a vaporized material.
In analogous art, Siegel discloses affecting, by a heater, a temperature change for generating a smoke that is based on vaporized material (Abstract, A sport ball has absorbing core in which various interior components are embedded, smoke is generated in the smoke chamber, Upon actuation of assembly, heating element is actuated and in the ball to an atomizer onto the heating element, para 08, Centrally located within the ball is a smoke chamber containing a heating element, claim 1, means for vaporizing the smoke solution within the body into a smoke-like vapor).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rudell and Rast to use game device to adapt signal from motor to processor giving position information as taught by Siegel to use actuation of the switch/pump assembly, simultaneously the heating element is actuated and the solution is pressured through fluid lines in the ball to an atomizer for spraying the solution onto the heating element, whereupon smoke is generated in the smoke chamber. [Siegel, 08].
Regarding claim 2, Rudell discloses the method according to claim 1, wherein the signaling component is mounted in the housing so that the signaling is to a person that is external to the housing (Abstract, The game ball includes an impact detector located within a ball housing. The impact detector detect each time ball housing is hit).
Regarding claim 3, Rudell discloses the method according to claim 1, further comprising charging, by a battery charger in the housing, the rechargeable battery (para 23, FIG. 3, the ball may include an ON/OFF switch 34 that is connected to the circuit 20 and a power source 36 such as battery).
Regarding claim 4, Rudell discloses the method according to claim 1, wherein the housing is cylinder or cone shaped (paragraph 003, invention relates to a game ball, para 006, object a soft ball).
Regarding claim 5, Rudell discloses the method according to claim 1, further comprising contactless charging, by a battery charger in the housing, the rechargeable battery (paragraph 0017-0018, FIG. 2 ball 10 is typically small enough (i. e., handheld unit) to be kicked by a player, FIG. 3, game ball 10 include impact detector 18 and detector 18 detect number of times ball housing 12 is impacted and coupled to a circuit 20 which include a controller 22, paragraph 0023, switch 34 connected to circuit 20 and a power source 36 such as a battery and located on housing 12 of ball 10).
Regarding claim 6, Rudell fails to discloses the method according to claim 5, wherein the contactless charging is induction-based, wherein the battery charger comprises, or consists of, an induction coil for inductively receiving AC power when in an electromagnetic field, and wherein the charging comprises charging the rechargeable battery from the received AC power.
In analogous art, Rast discloses the method according to claim 5, wherein the contactless charging is induction-based, wherein the battery charger comprises, or consists of, an induction coil for inductively receiving AC power when in an electromagnetic field, and wherein the charging comprises charging the rechargeable battery from the received AC power (para 117, powered by a battery or similar portable power source, para 143, unit that may be powered from a battery, or similar portable power source, para 174, powered by a method selected from the following (1) primary batteries, (2) sealed rechargable cells, (3) inductive charging (of battery or capacitor), para 309, powered by internal source or by received RF or inductive power, para 346, inductive block 420 shown which utilized to charge energy storage device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rudell to use game device to adapt signal from motor to processor giving position information as taught by Rast to use remote inductive recharging by one or more remote inductive power conversion technologies [Rast, [0346]].
Regarding claim 7, Rudell fails to discloses the method according to claim 1, further comprising communicating over a wireless network, wherein the signaling comprises signaling to a person in response to data received over the wireless network, and wherein the generating of the vaporized material comprises generating in response to data received over the wireless network.
Rast discloses the method according to claim 1, further comprising communicating over a wireless network, wherein the signaling comprises signaling to a person in response to data received over the wireless network ( para 115, The wireless sensors preferably incorporate an RF circuit, para 311, unit similarly generate acceleration or other impact information which is communicated to one or more remote (wired, or wireless) units).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rudell to use game device to adapt signal from motor to processor giving position information as taught by Rast to transmit information to a remote device 50 for generating multidimensional audio feedback in response to the swing metrics by preferably wireless communication. [Rast, [322].
Rudell and Rast fails to disclose the generating of the vaporized material comprises generating in response to data received over the wireless network.
In analogous art, Siegel discloses generating of the vaporized material comprises generating in response to data received over the wireless network (Abstract, A sport ball has absorbing core in which various interior components are embedded, smoke is generated in smoke chamber, Upon actuation of assembly, heating element is actuated and in ball to an atomizer onto the heating element, para 08, Centrally located within ball is smoke chamber containing a heating element, claim 1, means for vaporizing the smoke solution within the body into a smoke-like vapor).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rudell and Rast to use game device to adapt signal from motor to processor giving position information as taught by Siegel to use actuation of the switch/pump assembly, simultaneously the heating element is actuated and the solution is pressured through fluid lines in the ball to an atomizer for spraying the solution onto the heating element, whereupon smoke is generated in the smoke chamber. [Siegel, 08].
Regarding claim 12, Rudell discloses the method according to claim 1, further comprising producing, by an accelerometer attached to the housing, an output signal responsive to an acceleration or position of the housing (Fig. 3, paragraph 0026, ball 10 have multiple impact detectors located throughout the housing 12 and have accelerometers).
Regarding claim 14, Rudell discloses the method according to claim 12, wherein the accelerometer comprises, consists of, uses, or is based on, a piezoelectric, piezoresistive, capacitive, Micro-mechanical Electrical Systems (MEMS), or electromechanical accelerometer (Fig. 3, paragraph 0026, ball 10 have multiple impact detectors located throughout the housing 12 and have accelerometers).
Regarding claim 15, Rudell fails to discloses the method according to claim 12, wherein the output signal is responsive to a magnitude or a direction of the housing acceleration or position, and the accelerometer is a single-axis, two-axis, or a three-axis accelerometer.
In analogous art, Rast discloses the method according to claim 12, wherein the output signal is responsive to a magnitude or a direction of the housing acceleration or position, and the accelerometer is a single-axis, two-axis, or a three-axis accelerometer (para 38, impact intensity sensor, such as accelerometer, attached to "strike impact receiving member, para 295, sensing impacts is with the use of acceleration sensors, along at least one axis. Registering acceleration in three axis provides for the greatest accuracy , para 175, transmit information about itself, such as identity of owner, impact acceleration, time of flight, rolling status, rolling pressure, location, and so forth, para 269, processing a multitude of acceleration axis and other swing metrics which are converted to a multidimensional sound pattern).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rudell to use game device to adapt signal from motor to processor giving position information as taught by Rast to one or more acceleration sensors are provided to register user impact, or other forms of impact sensing may be utilized and acceleration information is communicated either directly, or via an optional transmitter-receiver pair [Rast, [312]].
Regarding claim 16, Rudell discloses the method according to claim 15, wherein the housing further comprising a compartment mechanically secured to the housing for enclosing at least the rechargeable battery and a securely removable cover for covering the compartment, so that when the cover is removed the compartment is accessible at least for replacing the rechargeable battery (FIG. 3, game ball 10 include impact detector 18 and detector 18 detect number of times ball housing 12 is impacted and include a controller 22, paragraph 0023, switch 34 connected to circuit 20 and power source 36 such as a battery and located on housing 12 of ball 10)..
Regarding claim 34, Rudell discloses the method according to claim 1, further comprising producing, by a sensor in the housing and coupled to the processor, an output signal responsive to a physical phenomenon (FIG. 5, detector 18 include an electrically conductive spring 40) [Applicant’s invention described as in Para. 0111, payload including annunciator providing visual or audible signaling, payload adapted to perform other functions, physical movement or other motive functions (e.g., pop-up figure), payload include motors, winches, fans, reciprocating elements], para 0015, impact detector detect each time ball housing is hit (i. e., detect movement or motion)).
Regarding claim 36, Rudell discloses the method according to claim 34, wherein the sensor is a light sensor, force sensor, or pressure sensor (Abstract, impact detector detect each time the ball housing is hit, paragraph 0020-0021 controller 22 operate in accordance with a program (i. e. use software), controller 22 and light indicator 28 provide visual indication of detector 18 detects impact).
Regarding claim 47, Rudell discloses the method according to claim 44, further comprising affecting, by the controlled component, a physical movement (FIG. 5, detector 18 include an electrically conductive spring 40) [Applicant’s invention described as in Para. 0111, payload including annunciator providing visual or audible signaling, payload adapted to perform other functions, physical movement or other motive functions (e.g., pop-up figure), payload include motors, winches, fans, reciprocating elements], paragraph 0015, impact detector detect each time ball housing is hit (i. e., detect movement or motion))..
Regarding claim 48, Rudell discloses the method according to claim 47, wherein the controlled component is a motor or a fan Para. 0111, payload including annunciator providing visual or audible signaling, payload adapted to perform other functions, physical movement or other motive functions (e.g., pop-up figure), payload include motors, winches, fans, reciprocating elements],.
Regarding claim 49, Rudell fails to discloses the method according to claim 1, wherein the housing is shaped in horizontal or vertical cross-section as elongated or oval.
In analogous art, Rast discloses the method according to claim 1, wherein the housing is shaped in horizontal or vertical cross-section as elongated or oval (para 08, employ a number of striking apparatus for receiving impacts, devices comprise a different shaped, having a cylindrical shaped and supported either vertically from a ceiling, a ceiling and floor, a wall, or supported on a stand.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rudell to use game device to adapt signal from motor to processor giving position information as taught by Rast to use preferred shapes when worn by user [Rast, [297].
Regarding claim 53, Rudell and Rast fails to discloses the method according to claim 1, wherein the vaporized material comprises a smoke
In analogous art, Siegel discloses the method according to claim 1, wherein the vaporized material comprises a smoke (Abstract, A sport ball has absorbing core in which various interior components are embedded, smoke is generated in the smoke chamber, Upon actuation of assembly, heating element is actuated and in the ball to an atomizer onto the heating element, para 08, Centrally located within the ball is a smoke chamber containing a heating element, claim 1, means for vaporizing the smoke solution within the body into a smoke-like vapor).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rudell and Rast to use game device to adapt signal from motor to processor giving position information as taught by Siegel to use actuation of the switch/pump assembly, simultaneously the heating element is actuated and the solution is pressured through fluid lines in the ball to an atomizer for spraying the solution onto the heating element, whereupon smoke is generated in the smoke chamber. [Siegel, 08].
6. Claims 8-11 are rejected under 35 U.S.C. 103(a) as being unpatentable over Rudell (US 2005/0288133 A1) in view of Rast (US 20030216228 A1) and further in view of Siegel (US 20090042677 A1 and further in view of Touma (US Patent US 9900669 B2).
Regarding claim 8, Rudell fails to discloses the method according to claim 7, wherein the wireless network is a Wireless Personal Area Network (WPAN).
In analogous art, Rast discloses the method according to claim 7, wherein the wireless network (para 311, unit may similarly generate acceleration or other impact information which is communicated to one or more remote (wired, or wireless) units, para 377, Network interface 92 is coupled to controller 52 allowing communication over a Network 94 with user devices 96).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rudell to use game device to adapt signal from motor to processor giving position information as taught by Rast to use network interface is coupled to controller allowing communication over a network user to send their data, and an application is preferably provided for remote operation. [Rast, [377]].
Touma also discloses as in Fig. 5, col. 19, lines 1-45, wide-area network (WAN) applications and is designed to provide low-power WANs(wide area networks
Regarding claim 9, Rudell and Rast and Siegel fails to discloses the method according to claim 8, wherein the wireless network uses Bluetooth protocol according to IEEE 802.15.1 standard.
In analogous art, Touma discloses the method according to claim 8, wherein the wireless network uses Bluetooth protocol according to IEEE 802.15.1 standard (FIG. 7 shows a wireless motion sensor system used in American football , Col. 5, lines 15-20, technology would be as an add-on to game-specific sports hardware for sports games (examples of which include baseball bat, golf club, tennis racket, skateboard, skis, football , soccer, basketball , etc.). Fig. 5, col. 19, lines 1-45, wide-area network (WAN) applications and is designed to provide low-power WANs(wide area networks) with features specifically needed to support low-cost mobile secure bi-directional communication, (short range and/or long range) transmission technologies can include: a. Bluetooth Low-Energy (BLE)—or Bluetooth Smart), col. 16, lines 40-67, use the IEEE 802.11a, 802.11b, 802.11g, 802.11n, and 802.11ac standards).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rudell to use game device to adapt signal from motor to processor giving position information as taught by Rudell and Rast and Siegel to use processor with a graphic accelerator for real-time processing and communicates with wireless internet, radio or telecommunications capability for wideband, personal area network (PAN), local area network (LAN), a wide local area network, WLAN, conforming to IEEE 802.11, or reach-back communications. [Touma, col. 16, lines 40-67].
Regarding claim 10, Rudell and Rast and Siegel fails to discloses the method according to claim 7, wherein the wireless network is a Wireless Local Area Network (WLAN).
In analogous art, Touma discloses the method according to claim 7, wherein the wireless network is a Wireless Local Area Network (WLAN). (Fig. 5, col. 19, lines 1-45, wide-area network (WAN) applications and is designed to provide low-power WANs(wide area networks) with features specifically needed to support low-cost mobile secure bi-directional communication, (short range and/or long range) transmission technologies can include: a. Bluetooth Low-Energy (BLE)—or Bluetooth Smart), col. 16, lines 40-67, use the IEEE 802.11a, 802.11b, 802.11g, 802.11n, and 802.11ac standards).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rudell to use game device to adapt signal from motor to processor giving position information as taught by Rudell and Rast and Siegel to use processor with a graphic accelerator for real-time processing and communicates with wireless internet, radio or telecommunications capability for wideband, personal area network (PAN), local area network (LAN), a wide local area network, WLAN, conforming to IEEE 802.11, or reach-back communications. [Touma, col. 16, lines 40-67].
Regarding claim 11, Rudell and Rast and Siegel fails to discloses the method according to claim 10, wherein the wireless network uses WLAN protocol according to IEEE 802.11 standard.
In analogous art, Touma discloses the method according to claim 10, wherein the wireless network uses WLAN protocol according to IEEE 802.11 standard (Fig. 5, col. 19, lines 1-45, wide-area network (WAN) applications and is designed to provide low-power WANs(wide area networks) with features specifically needed to support low-cost mobile secure bi-directional communication, (short range and/or long range) transmission technologies can include: a. Bluetooth Low-Energy (BLE)—or Bluetooth Smart), col. 16, lines 40-67, use the IEEE 802.11a, 802.11b, 802.11g, 802.11n, and 802.11ac standards).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rudell to use game device to adapt signal from motor to processor giving position information as taught by Rudell and Rast and Siegel to use processor with a graphic accelerator for real-time processing and communicates with wireless internet, radio or telecommunications capability for wideband, personal area network (PAN), local area network (LAN), a wide local area network, WLAN, conforming to IEEE 802.11, or reach-back communications. [Touma, col. 16, lines 40-67].
Response to Arguments
8. Applicant's arguments filed July 06, 2026 have been fully considered but they are not persuasive.
112 rejection not withdrawn.
On page 9, lines 13-14, and page 10, lines 19-22, and page 14, line 21, and page 15, line 19, and page 17, line 15, the applicant argues that improper or unclear combination of the Rudell and Rast (US 20030216228 A1)) and Siegel (US 20090042677 A1) references(s)- Non-Analogous Art.
The examiner respectfully disagrees and points out that the when considering analogous references, we must look not only into the field of endeavor, but also into the purpose or problem addressed. The instant application is directed not just to toy or any other amusing device including a motion sensor and an annunciator but how to incorporate a device for signaling in response to a sensed motion which may be housed in a single enclosure, and may include an accelerometer for sensing the device acceleration, and a controller coupled between the accelerometer and the annunciator for activating or controlling the annunciator in response to the sensed device.
Therefore, game ball that includes detector located within a ball housing which is coupled to a circuit that drives an output device to indicate, visually and/or audibly, a number of detected impacts [Abstract of Rudell] and a device providing an audio output in response to impacts registered thereupon, comprising: a striking input member adapted for receiving blows from a user sparring against said striking input member; an impact sensor coupled to said striking input member to register the impact force imparted by said user to said strking input member; and means for converting the registered impact force to an audio output which represents the intensity of the impact ( [Abstract, Claim 1] of Rast (US 20030216228 A1)) and a ball that generate smoke and give off sound when thrown to provide the experience of throwing or catching a super-fast ball or other type missile and ball to an atomizer for spraying the solution onto the heating element, whereupon smoke is generated in the smoke chamber [Abstract, [03]) Siegel (US 20090042677 A1) are pertinent to the claimed invention and thus deemed analogous to the claimed invention.
The applicant argues that no one of skill in the a toy or other amusing device with motion sensing and annunciator responding to the sensed motion [Abstract] of Rudell) and an impact sensor coupled to said striking input member to register the impact force imparted by said user to said strking input member; and means for converting the registered impact force to an audio output which represents the intensity of the impact. of Rast (US 20030216228 A1) and a ball that generate smoke and give off sound when thrown to provide the experience of throwing or catching a super-fast ball or other type missile and ball to an atomizer for spraying the solution onto the heating element, whereupon smoke is generated in the smoke chamber [Abstract, [03]) Siegel (US 20090042677 A1). When considering analogousness of references, we must look not only into the field of endeavor, but also into the purpose or problem addressed. The instant application is directed not just to game ball that includes detector located within a ball housing, but how to incorporate hand motion sensing device worn on a hand of the user, and providing control commands from the motion sensing device to the processor as command instructions. Therefore, a toy or other amusing device with motion sensing and including hand motion sensing device worn on a hand of the user, and providing control commands are pertinent to the claimed invention and thus deemed analogous to the claimed invention.
On page 11, lines 3-4, and page 16, line 1-2, -lines 17-18, and page 17, lines 29-20, the applicant argues that improper rational for combining of the Rudell and Rast (US 20030216228 A1) and Siegel (US 20090042677 A1) references(s).
NOTE: Applicant arguing on Osterhout reference and this art not used for rejection the claims.
The examiner respectfully disagrees and points out that there is enough objective reason to combine the reference of Rudell and Rast (US 20030216228 A1) and Siegel (US 20090042677 A1) to establish obviousness as Rudell teaches game ball that includes detector located within a ball housing which is coupled to a circuit that drives an output device to indicate, visually and/or audibly, a number of detected impacts (Abstract and 003) and Rast (US 20030216228 A1) teaches device used to provides audio feedback in response to the force of impact and the simulated "damage" incurred by a user on said sparring unit for a given session, comprising: an impact sensor adapted for registering the force of impacts during sparring;, generating appropriate humanlike sounds according to the force of the impact registered and the accrued damage; a housing for retaining said computer processing element adapted for attachment to a striking device and containing a power source for impact sensor and computer processing element ( [020, 045] and a ball that generate smoke and give off sound when thrown to provide the experience of throwing or catching a super-fast ball or other type missile and ball to an atomizer for spraying the solution onto the heating element, whereupon smoke is generated in the smoke chamber [Abstract, [03]) Siegel (US 20090042677 A1) which is same as Applicant’s invention as to device includes a signaling means and a motion sensor, and logic for activating or controlling the signaling means in response to a sensed motion according to logic where device may be used as a toy, and may be shaped like a play ball or as a handheld unit activate or control the signaling means, and in response to sensed acceleration magnitude or direction, and displaying a value associated with the count of the number of times threshold has been exceeded or the peak magnitude of the acceleration sensed (Applicant’s Abstract).
Motivation to combine the teaching of Rudell and Rast (US 20030216228 A1) and Siegel (US 20090042677 A1) are sufficient to establish obviousness as we must look not only into the field of endeavor, but also into the purpose or problem addressed. The instant application is directed not just to game ball that includes detector located within a ball housing but how to incorporate interactive user device through which a user views a Surrounding environment and a ball that generate smoke and give off sound when thrown to provide the experience of throwing or catching a super-fast ball or other type missile and ball to an atomizer for spraying the solution onto the heating element, whereupon smoke is generated in the smoke chamber.
Therefore, Motivation to combine the teaching of Rudell and Rast (US 20030216228 A1) and Siegel (US 20090042677 A1) are pertinent to the claimed invention and thus is sufficient to establish obviousness to the claimed invention.
On page 11, line 20, the applicant argues that no teaching of controlling by the Rudell reference.
The examiner respectfully disagrees and points out that the Rudeli teaches as in Fig. 3, game ball 10 include an impact detector 18 and circuit 20 include a controller 22, and controller 22 operate in accordance with a program (i. e. use software), controller 22 and light indicator 28 provide visual indication of detector 18 detects impact [020-021].
On page 12, line 29, the applicant argues that no teaching of connecting by the Rudell reference.
The examiner respectfully disagrees and points out that the Rudeli teaches as in FIG. 3, game ball 10 include impact detector 18 and detector 18 detect number of times ball housing 12 is impacted and coupled to a circuit 20 which include a controller 22, and switch 34 connected to circuit 20 and a power source 36 such as a battery and located on housing 12 of ball 10 {023].
On page 13, line 15, and page 15, line 5, the applicant argues that no teaching of charging by the Rudell.
The examiner respectfully disagrees and points out that the Rudell teaches FIG. 3, the ball may include an ON/OFF switch 34 that is connected to the circuit 20 anda power source 36 such as a battery [023] and
Rast (US 20030216228 A1) teaches device powered by a method selected from the following (1) primary batteries, (2) sealed rechargable cells, (3) inductive charging (of battery or capacitor), (4) convert impact accelerations to energy [174].
Thus there is teaching for charging as claimed.
On page 14, line1, the applicant argues that no teaching of hand-held by the Rudell reference.
The examiner respectfully disagrees and points out that the Rudell teaches game ball that can count and indicate the number of times the ball has been hit by a player(s) [Abstract] and FIG. 2 the ball 10 is typically small enough to be kicked by a player [017-018] and FIG. 7, game ball 10 may be held by the players of the game [027] (i.e. small enough handheld unit) to be kicked by a player).
Thus there is teaching for ball is in hand-held housing as claimed.
On page 18, line 14, the applicant argues that no teaching of claim 2.
The examiner respectfully disagrees and points out that the Rudell teaches the game ball includes an impact detector located within a ball housing. The impact detector detect each time ball housing is hit [Abstract].
On page 18, line 24, the applicant argues that no teaching of claim 3.
The examiner respectfully disagrees and points out that the Rudell teaches as in FIG. 3, the ball may include an ON/OFF switch 34 that is connected to the circuit 20 and a power source 36 such as battery [023].
On page 19, line 10, the applicant argues that no teaching of claim 4.
The examiner respectfully disagrees and points out that the Rudell teaches a game ball, and object a soft ball). [03, 06].
On page 19, line 17, the applicant argues that no teaching of claim 5.
The examiner respectfully disagrees and points out that the Rudell teaches as in FIG. 2 ball 10 is typically small enough (i. e., handheld unit) to be kicked by a player, FIG. 3, game ball 10 include impact detector 18 and detector 18 detect number of times ball housing 12 is impacted and coupled to a circuit 20 which include a controller 22, and switch 34 connected to circuit 20 and a power source 36 such as a battery and located on housing 12 of ball 10. [0017-0018, 023].
Thus, Rudell (US 2005/0288133 A1) and Rast (US 20030216228 A1) and Siegel (US 20090042677 A1) and Touma (US Patent US 9900669 B2) disclose the applicant's whole invention.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRZA ALAM whose telephone number is (469) 295-9286. The examiner can normally be reached on 8:00AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRZA F ALAM/Primary Examiner, Art Unit 2688
