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 .
Claim Rejections – 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wulf et al (U.S. Patent No 20130045468).
Regarding claim 14, Wulf et al discloses a method of instructing an individual to wash a body of the individual (paragraph 14, “[…] this invention is directed to include an animated video modeling component to assist developmentally challenged participants by providing an example that can be imitated when the various hygiene tasks are to be attempted”), the method comprising displaying a sequence of images indicating a sequence of a plurality of areas of the body of the individual to be cleaned (see Figures 9-16). Although Wulf et al does not explicitly disclose the method involves a display screen, a display screen would necessarily be required for a user to view the “animated videos” disclosed by Wulf et al. Accordingly, the “animated video modeling component” is considered to inherently include a display screen.
Claim Rejections – 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3-5, 7-8, and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marcus et al (U.S. Patent No 20100081117) in view of Wulf et al (U.S. Patent No 20130045468).
Regarding claim 1, Marcus et al discloses an instructional apparatus for providing instructional cues to an individual to wash a body of the individual, the apparatus comprising a housing (paragraph 19, “The device 10 has a housing 12 that is designed to be substantially water-proof, or at least water-resistant enough to prevent water from entering the interior of the housing 12 and damaging the electronics located therein”) and a control circuit being mounted in the housing (paragraph 21, “The device 10 has electronics contained within the housing 12 to provide audible tutoring/prompting/coaching to the user regarding the steps and timing involved in showering (or, alternatively, bathing or hand washing)”).
However, Marcus et al does not disclose a display screen being electrically coupled to the control circuit, the control circuit being programmed when actuated to display on the display screen a sequence of images indicating a sequence of a plurality of areas of the body of the individual to be cleaned. It should also be noted that although Marcus et al does not specifically disclose the use of images for guiding an individual in the cleaning of their body, Marcus et al’s invention is directed to the same purpose, albeit using auditory instead of visual prompts.
Wulf et al discloses a system for guiding individuals through personal hygiene tasks using animated instructional video tutorials (paragraph 14, “this invention is directed to include an animated video modeling component to assist developmentally challenged participants by providing an example that can be imitated when the various hygiene tasks are to be attempted”), the videos consisting of a sequence of images indicating a sequence of a plurality of areas of the body of the individual to be cleaned (see Figures 9-16 and the corresponding descriptions: “It is also a perspective of the visual interpretation from a visual demonstration of that sequential step in the hygiene task of taking a shower from the animated video modeling which presents the physical responses that correspond to the verbal prompts of the hygiene task.”). Although Wulf et al does not explicitly disclose a display screen, it can be reasonably be inferred that the preferred embodiment would include one as is necessarily required for the viewing of a video tutorial.
Furthermore, Wulf et al teaches a motivation for including an animated video modeling component, that being to “accommodate a participant who will not advance in proficiency nor retain and anticipate directions with further or continued use” (paragraph 12), and that “it is therefore needed to demonstrate in a repetitive fashion the meaning, expectation and desired outcome with each of the instructions given for a particular phase of each hygiene task” (paragraph 14). The invention of Wulf et al is directed toward “developmentally challenged” individuals and those with “diminished capacity”, and thus could reasonably be considered to belong to the same field as the claimed invention, which is directed toward individuals with “cognitive disabilities that affect memory and attention”.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the personal hygiene tutor device of Marcus et al to display a visual demonstration of various hygiene tasks, as taught by Wulf et al, instead of or in addition to auditory prompts, and they would have been motivated to do so to allow individuals who have difficulties with hearing or understanding the auditory prompts and/or retaining the physical response associated with each prompt to use the device to guide them in washing their bodies, with a reasonable expectation of success.
Regarding claim 3, Marcus et al (in view of Wulf et al) discloses the apparatus of claim 1, further comprising a sound emitter electrically coupled to the control circuit (Marcus et al, abstract, “The device further includes internal speakers”), the control circuit being programmed to emit a sequence of audible instructions with the sound emitter to sequentially clean the plurality of areas of the body of the individual (Marcus et al, paragraph 21, “The device 10 has electronics contained within the housing 12 to provide audible tutoring/prompting/coaching to the user regarding the steps and timing involved in showering (or, alternatively, bathing or hand washing)”).
Regarding claim 4, Marcus et al (in view of Wulf et al) discloses the apparatus of claim 3, wherein each image of the sequence of images is displayed synchronously with the emission of a corresponding one of the plurality of audible instructions (Wulf et al, paragraph 72, “[…] the animated video modeling which consists of an illustrated cartoon character that demonstrates each of the hygiene tasks using the actual verbal prompts from the audio prerecorded messages”; see also the descriptions of Figures 9-16, “It is also a perspective of the visual interpretation from a visual demonstration of that sequential step in the hygiene task of taking a shower from the animated video modeling which presents the physical responses that correspond to the verbal prompts of the hygiene task”).
Regarding claim 5, Marcus et al (in view of Wulf et al) discloses the apparatus of claim 1, further comprising a mount being coupled to the housing for mounting the housing to a wall, the mount being positioned on the back side of the housing (Marcus et al, paragraph 21, “The device 10 may also be provided with some element for attachment to an exterior surface, such as adhesive patches, hooks or string for hanging”).
Regarding claim 7, Marcus et al (in view of Wulf et al) discloses the apparatus of claim 1, further comprising an input being electrically coupled to the control circuit (Marcus et al, paragraph 20, “In this depicted version 10, there is a first activation button 16 and a second activation button 18.”).
Regarding claim 8, Marcus et al (in view of Wulf et al) discloses the apparatus of claim 7, wherein the input comprises a power button mounted to the exterior of the housing for turning the control circuit alternately on and off (Marcus et al, paragraph 9, “The tutoring method should commence once the user depresses an activation button”, and paragraph 30, “When the proper activation button is pressed or touched 100, the device will audibly prompt the child user to rinse their hair and body 102.”).
Regarding claim 10, Marcus et al (in view of Wulf et al) discloses the apparatus of claim 1, further comprising a power supply being electrically coupled to the control circuit and being positioned in the housing (Marcus et al, paragraph 9, “The device should include […] an internal power supply”).
Regarding claim 11, Marcus et al (in view of Wulf et al) discloses the apparatus of claim 10, wherein the power supply comprises a battery (Marcus et al, paragraph 24, “The power supply for the device electronics, such as the batteries 34 shown here.”).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marcus et al in view of Wulf et al, as applied to claim 5 above, and further in view of Hefner (U.S. Patent No 11006213).
Regarding claim 6, Marcus et al (in view of Wulf et al) discloses the apparatus of claim 5.
However, neither Marcus et al nor Wulf et al disclose that the mount comprises at least one suction cup.
Hefner discloses a shower entertainment system consisting of a housing with an attachment system “for securing the shower entertainment system 10 during operation” (column 4, lines 16-17). Hefner notes that “As may be apparent to those having ordinary skill in the relevant art, in light of the present teachings, various other systems for placing, positioning or attaching the shower entertainment system to be positioned within the area of intended use (i.e., a shower)” (column 4, lines 36-40). Hefner elaborates that “Such other systems may include, but not be limited to, other fixtures such as suction cups” (column 4, lines 41-42). Thus, the use of suction cups for mounting electronic devices to the wall of a shower has been known in the art since at least 2021.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the “element for attachment to an exterior surface” of the personal hygiene device taught by Marcus et al could be a suction cup, as taught by Hefner.
Claim(s) 2, 9, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marcus et al in view of Wulf et al, as applied to claims 1, 7, and 10-11 above, and further in view of NPL 1 (Apple iPad User Guide).
Regarding claim 2, Marcus et al (in view of Wulf et al) discloses the apparatus of claim 1.
However, neither Marcus et al nor Wulf et al disclose that the display screen comprises a touchscreen configured for receiving instructions to control the control circuit.
NPL 1 discloses a “multi-touch screen” that allows users to control the device using a variety of gestures while touching the screen with one’s finger (pages 14-21). Therefore, the use of touch-sensitive screens as user interfaces has been known in the art of consumer electronics since at least 2010.
At the time the invention was made, it would have been obvious to one of ordinary skill in the art to modify the personal hygiene tutor device taught by Marcus et al, when equipped with a display screen as taught by Wulf et al, to include a touchscreen configured for receiving instructions from the user, as taught by NPL 1, because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, combining the display screen used to display the video tutorials of Wulf et al on the personal hygiene tutor device of Marcus et al with the touchscreen of NPL 1 can yield a predictable result of allowing the user to initiate or stop playback of an animated video of a hygiene procedure as the electronic device disclosed by NPL 1 is also equipped with a display screen with the ability to display videos for viewing by the user, and the touchscreen disclosed by NPL 1 is used to initiate, stop, and otherwise control the playback of videos displayed on the device (see pages 62 and 63). Thus, a person of ordinary skill in the art would have appreciated including in the personal hygiene tutor device of Marcus et al et al the ability to select, initiate, or stop playback of the animated video tutorials of Wulf et al using the touchscreen of NPL 1 since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 9, Marcus et al (in view of Wulf et al) discloses the apparatus of claim 7.
However, neither Marcus et al nor Wulf et al disclose that the input comprises a volume control mounted to the exterior of the housing for controlling a volume of sound emitted by the sound emitter.
NPL 1 discloses a volume button for increasing and decreasing the volume of sound emitted by the device’s speaker (page 9). Therefore, the use of physical inputs electrically coupled to a control circuit for controlling the volume of sound emitted by a sound emitter has been known in the art of consumer electronics since at least 2010.
At the time the invention was made, it would have been obvious to one of ordinary skill in the art to modify the personal hygiene tutor device taught by Marcus et al to include a volume control mounted to the exterior of the housing, as taught by NPL 1, because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, modifying the personal hygiene tutor device of Marcus et al to include the volume button of NPL 1 can yield a predictable result of allowing the user to increase or decrease the volume of the auditory prompts by pressing the volume button, as the electronic device disclosed by NPL 1 also includes an electronic speaker for audio playback, the volume of which is actuated using the volume button. Thus, a person of ordinary skill in the art would have appreciated including in the personal hygiene tutor device of Marcus et al et al the ability to increase or decrease the volume of the auditory prompts using the volume button of NPL 1 since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 12, Marcus et al (in view of Wulf et al) discloses the apparatus of claim 11.
However, neither Marcus et al nor Wulf et al disclose a charging port electrically coupled to the battery, positioned on the exterior of the housing, and configured for electrically coupling to an external power source to charge the battery.
NPL 1 discloses a port called a “dock connector” which is used to charge the device’s battery by inserting a “dock connector to USB” cable into one end and the USB end into a power adapter intended to be plugged into a standard wall outlet (pages 7-8, 23). Therefore, the use of input/output ports as a means for providing electric current to a rechargeable battery from an external power source has been known in the art of consumer electronics since at least 2010.
At the time the invention was made, it would have been obvious to one of ordinary skill in the art to modify the personal hygiene tutor device taught by Marcus et al to include a charging port positioned on the exterior of the housing for charging an internal battery through a wired connection to an external power source, as taught by NPL 1, because such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, modifying the personal hygiene tutor device of Marcus et al to include the charging port of NPL 1 can yield a predictable result of allowing the user to charge the device’s internal battery, as the electronic device disclosed by NPL 1 also includes a rechargeable battery which serves as an internal power supply, which is charged by an external power source via a wired connection through the charging port, exactly as described in the claimed invention. Thus, a person of ordinary skill in the art would have appreciated including in the personal hygiene tutor device of Marcus et al et al the ability to charge its internal battery using the charging port of NPL 1 since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marcus et al in view of NPL 1 (Apple iPad User Guide), Hefner, and Wulf et al.
Regarding claim 13, Marcus et al discloses an instructional apparatus for providing instructional cues to an individual to wash a body of the individual, the apparatus comprising:
a housing (paragraph 19, “The device 10 has a housing 12 that is designed to be substantially water-proof, or at least water-resistant enough to prevent water from entering the interior of the housing 12 and damaging the electronics located therein”);
a control circuit being mounted in the housing (paragraph 21, “The device 10 has electronics contained within the housing 12 to provide audible tutoring/prompting/coaching to the user regarding the steps and timing involved in showering (or, alternatively, bathing or hand washing)”);
a sound emitter being electrically coupled to the control circuit (Marcus et al, abstract, “The device further includes internal speakers”), the control circuit being programmed to emit a sequence of audible instructions with the sound emitter to sequentially clean the plurality of areas of the body of the individual (Marcus et al, paragraph 21, “The device 10 has electronics contained within the housing 12 to provide audible tutoring/prompting/coaching to the user regarding the steps and timing involved in showering (or, alternatively, bathing or hand washing)”);
a mount being coupled to the housing for mounting the housing to a wall, the mount being positioned on the back side of the housing (Marcus et al, paragraph 21, “The device 10 may also be provided with some element for attachment to an exterior surface, such as adhesive patches, hooks or string for hanging”);
an input being electrically coupled to the control circuit (Marcus et al, paragraph 20, “In this depicted version 10, there is a first activation button 16 and a second activation button 18.”), the input comprising a power button mounted to the exterior of the housing for turning the control circuit alternately on and off (Marcus et al, paragraph 9, “The tutoring method should commence once the user depresses an activation button”, and paragraph 30, “When the proper activation button is pressed or touched 100, the device will audibly prompt the child user to rinse their hair and body 102.”);
a power supply being electrically coupled to the control circuit and being positioned in the housing (Marcus et al, paragraph 9, “The device should include […] an internal power supply”), the power supply comprising a battery (Marcus et al, paragraph 24, “The power supply for the device electronics, such as the batteries 34 shown here.”).
However, Marcus et al does not disclose:
a display screen being electrically coupled to the control circuit, the control circuit being programmed when actuated to display on the display screen a sequence of images indicating a sequence of a plurality of areas of the body of the individual to be cleaned, the display screen comprising a touchscreen configured for receiving instructions to control the control circuit;
each image of the sequence of images being displayed synchronously with the emission of a corresponding one of the plurality of audible instructions;
the mount comprising at least one suction cup;
the input comprising a volume control mounted to the exterior of the housing for controlling a volume of sound emitted by the sound emitter;
a charging port being electrically coupled to the battery and being positioned on the exterior of the housing, the charging port being configured for electrically coupling to an external power source to charge the battery.
NPL 1 (Apple iPad User Guide) discloses a consumer electronic device comprising:
a display screen being electrically coupled to a control circuit, the display screen comprising a touchscreen configured for receiving instructions to control the control circuit (pages 14-21);
a volume control mounted to the exterior of a housing for controlling a volume of sound emitted by a sound emitter (page 9);
a charging port being electrically coupled to a battery and being positioned on the exterior of a housing, the charging port being configured for electrically coupling to an external power source to charge the battery (pages 7-8, 23).
Hefner discloses a “shower entertainment system” with a mount being coupled to a housing for mounting the housing to a wall (column 4, lines 16-17, “The attachment system 40 may provide for securing the shower entertainment system 10 during operation.”), the mount being positioned on a back side of the housing, wherein the mount comprises at least one suction cup (column 4, lines 38-42, “[…] various other systems for placing, positioning or attaching the shower entertainment system to be positioned within the area of intended use (i.e., a shower) […] may include, but not be limited to, other fixtures such as suction cups.”).
Finally, Wulf et al discloses a system for guiding individuals through personal hygiene tasks using animated instructional video tutorials (paragraph 14, “[…] this invention is directed to include an animated video modeling component to assist developmentally challenged participants by providing an example that can be imitated when the various hygiene tasks are to be attempted”), the videos consisting of a sequence of images indicating a sequence of a plurality of areas of the body of the individual to be cleaned (see Figures 9-16), each image of the sequence of images being displayed synchronously with the emission of a corresponding one of the plurality of audible instructions (see the corresponding descriptions for Figures 9-16: “It is also a perspective of the visual interpretation from a visual demonstration of that sequential step in the hygiene task of taking a shower from the animated video modeling which presents the physical responses that correspond to the verbal prompts of the hygiene task.”; see also paragraph 72: “Within the preferred embodiment is the use of the companion animated video modeling component which is used in conjunction with the verbal prompts of the prerecorded messages.”).
Furthermore, Wulf et al teaches a motivation for including an animated video modeling component, that being to “accommodate a participant who will not advance in proficiency nor retain and anticipate directions with further or continued use” (paragraph 12), and that “it is therefore needed to demonstrate in a repetitive fashion the meaning, expectation and desired outcome with each of the instructions given for a particular phase of each hygiene task” (paragraph 14). The invention of Wulf et al is directed toward “developmentally challenged” individuals and those with “diminished capacity”, and thus could reasonably be considered to belong to the same field as the claimed invention, which is directed toward individuals with “cognitive disabilities that affect memory and attention”.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the personal hygiene tutor device of Marcus et al to display a visual demonstration of the various hygiene tasks associated with the plurality of audible prompts, as taught by Wulf et al, instead of or in addition to the auditory prompts, and they would have been motivated to do so to allow individuals who have difficulties with hearing or understanding the auditory prompts and/or retaining the physical response associated with each prompt to use the device to guide them in washing their bodies, and doing so would necessarily require modifying the device to include a display screen.
It would then have been obvious to a person of ordinary skill in the art, having thusly modified the personal hygiene tutor device of Marcus et al to incorporate video tutorials for visually demonstrating each hygiene task, as taught by Wulf et al, to further modify the device to include a touchscreen display electrically coupled to the control circuit, a volume control, and a charging port, as taught by NPL 1, in addition to a suction cup, as taught by Hefner, as such modifications are the result of combining prior art elements according to known methods to yield predictable results.
More specifically, combining the display screen used to display the video tutorials of Wulf et al on the personal hygiene tutor device of Marcus et al with the touchscreen of NPL 1 can yield a predictable result of allowing the user to initiate or stop playback of an animated video of a hygiene procedure as the electronic device disclosed by NPL 1 is also equipped with a display screen with the ability to display videos for viewing by the user, and the touchscreen disclosed by NPL 1 is used to initiate, stop, and otherwise control the playback of videos displayed on the device (see page 57). Modifying the personal hygiene tutor device of Marcus et al to include the volume button of NPL 1 can yield a predictable result of allowing the user to increase or decrease the volume of the auditory prompts by pressing the volume button, as the electronic device disclosed by NPL 1 also includes an electronic speaker for audio playback, the volume of which is actuated using the volume button. Modifying the personal hygiene tutor device of Marcus et al to include the charging port of NPL 1 can yield a predictable result of allowing the user to charge the device’s internal battery, as the electronic device disclosed by NPL 1 also includes a rechargeable battery which serves as an internal power supply, which is charged by an external power source via a wired connection through the charging port, exactly as described in the claimed invention. Finally, modifying the personal hygiene tutor device of Marcus et al to include the suction cup of Hefner can yield a predictable result of allowing the device to be attached to the wall of a shower, as the device described by Hefner is also intended for use in a shower, and thus the environments would be identical and the suction cup would function just as well for Marcus et al’s device as it does for Hefner’s.
Thus, a person of ordinary skill in the art would have appreciated including in the personal hygiene tutor device of Marcus et al the ability to select, initiate, or stop playback of the animated video tutorials of Wulf et al using the touchscreen of NPL 1, to increase or decrease the volume of the auditory prompts using the volume button of NPL 1, to charge the internal battery using the charging port of NPL 1, and to mount the device to the wall of a shower or bathroom using the suction cup of Hefner since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claim(s) 15-16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wulf et al in view of NPL 1 (Apple iPad User Guide).
Regarding claims 15, 16, and 18, Wulf et al discloses the method of claim 14, as established in the section for claim rejections under 35 U.S.C. 102(a)(2).
However, although Wulf et al discloses providing a sequence of audible instructions to sequentially clean the plurality of areas of the body of the individual, wherein the step of emitting the sequence of audible instructions comprises each image of the sequence of images being displayed synchronously with the emission of a corresponding one of the plurality of audible instructions (see the corresponding descriptions for Figures 9-16: “It is also a perspective of the visual interpretation from a visual demonstration of that sequential step in the hygiene task of taking a shower from the animated video modeling which presents the physical responses that correspond to the verbal prompts of the hygiene task.”; see also paragraph 72: “Within the preferred embodiment is the use of the companion animated video modeling component which is used in conjunction with the verbal prompts of the prerecorded messages.”), Wulf et al is silent on whether or not the instructional apparatus used to display the sequence of images is the same device used to produce the corresponding audible instructions.
The Apple iPad User Guide (NPL 1) teaches an electronic device comprising a display screen and a speaker contained in a single housing (page 7), in addition to the use of this device for viewing video content with accompanying audio content, e.g., file formats containing both video and audio components such as .mp4 (see page 57, which explicitly discloses the ability to control the volume of a video).
Thus, at the time the invention was made, it would have been obvious to one of ordinary skill in the art to use the electronic device of NPL 1 (the “iPad”), or any similar device capable of reading and outputting video and audio content from a file simultaneously, as the instructional apparatus in the method of Wulf et al, as such a modification is the result of combining prior art elements according to known methods to yield predictable results. More specifically, modifying the instructional method of Wulf et al to use a single device to simultaneously display the animated video tutorials and play the corresponding verbal prompts of Wulf et al’s method can yield a predictable result of allowing the user to more reliably synchronize the video and audio components, as playback of the combined video/audio file could be initiated or stopped from the same device. Thus, a person of ordinary skill in the art would have appreciated including in the instructional method of Wulf et al the ability to initiate or stop playback of the animated video tutorials simultaneously using a single device, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Furthermore, although Wulf et al is silent on whether the instructional apparatus used to display the animated videos includes an input for controlling the instructional apparatus, it should be noted that the electronic device of NPL 1, which would be obvious to incorporate in Wulf et al’s method, includes several (page 7 shows a variety of inputs from a touchscreen to volume controls).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wulf et al in view of Marcus et al.
Regarding claim 17, Wulf et al discloses the method of claim 14, as established in the section for claim rejections under 35 U.S.C. 102(a)(2).
However, Wulf et al does not disclose the mounting of the instructional apparatus to a wall.
Marcus et al teaches a “personal hygiene tutor device” comprising an instructional apparatus directed to guiding an individual through personal hygiene tasks and capable of being mounted to a wall (paragraph 21, “The device 10 may also be provided with some element for attachment to an exterior surface, such as adhesive patches, hooks or string for hanging”). Thus, the technique of providing a device for guiding an individual through personal hygiene tasks, such as taking a shower, with elements for mounting the device to the wall, such as to a wall of the user’s shower, was known in the art at the time of the claimed invention.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have improved the instructional apparatus used in Wulf et al’s method for guiding an individual through personal hygiene tasks by adding an element for mounting the instructional apparatus to a wall, which, as demonstrated by Marcus et al, was a known technique in the art at the time of the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH HAROLD JOHANSSON whose telephone number is (571)272-5755. The examiner can normally be reached PTA Schedule.
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/K.H.J./
Examiner, Art Unit 3715
/PETER S VASAT/Supervisory Patent Examiner, Art Unit 3715