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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 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.
In the instant case, claims 1-20 each being with “Apparatus” and each claim lacks a proper article; it is therefore unclear which claims are dependent claims and which are independent claims. Applicant is encouraged to being independent claims with “An apparatus” and dependent claims with “The apparatus”. Correction is required.
In claim 3, “calliper” appears to be misspelled and should read “caliper”. It is unclear3 if this is a typographical error of if applicant has intentionally misspelled the word to establish new lexicography. Correction and clarification required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rubin et al (US 2020/0201431).
Rubin teaches regarding claim:
1. Apparatus for interaction with virtual reality content comprises a body portion configured to receive one or more parts of a user's anatomy and a base (see FIGs 7 and 14 showing an exoskeleton and a base), wherein the body portion is supported by and spaced apart from the base by a support member (support assembly 701 and its accessories) and is configured to rotate relative to the base (to permit the user to move about in a VR environment during the course of normal use).
2. Apparatus according to claim 1, wherein the body portion comprises a pair of legs (legs 703 shown in detail in FIGs 5A and 5B), each leg comprising an upper leg part and a lower leg part (501 and 505) connected by a knee joint (516), wherein the knee joint comprises a housing forming part of one of the upper or lower leg parts and a plate forming part of the other of the upper or leg parts (see interconnection of upper and lower parts to form the knee joint as seen in FIGs 5A and 5B), and wherein the knee joint is configured to restrain movement of the leg to a second degree of freedom (pivoting about the axis of 516 and constrained regarding movement in other directions) and selectively resist movement of the lower leg part relative to the upper leg part (via tensile members 528 as discussed in [0166]).
4. Apparatus according to claim 1, further comprising a pair of arms, each arm comprising an upper arm part and a lower arm part connected by an elbow joint (as seen in FIGs 4A and 4B, parts 404 and 406 with joint 416), wherein the elbow joint comprises a bearing surface that is configured to permit rotation of the lower arm part relative to the upper arm part between a first position in which the arm is fully extended, to a second position (pivot/bearing surface of 416 permitting movement of the upper and lower arm part).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARRETT K ATKINSON whose telephone number is (571)272-8117. The examiner can normally be reached 0800-1800 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARRETT K ATKINSON/Primary Examiner, Art Unit 3784