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 .
Status of the Application
Claims 15-20 have been examined in this application. This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 01/26/2024 has been acknowledged by the Office.
Election/Restrictions
Claim 1-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/22/2025.
Claim Objections
Claim 15 is objected to because of the following informalities:
Claim 15 is objected to as it provides multiple inconsistencies to plural / singular claimed elements, therefore, the following is suggested to maintain clarity to the clam(s):
15. A multi-sensory tactile system for soothing a child in a car seat, the system comprising: one or more transducers configured to generate vibration output and to be coupled to the car seat such that the one or more transducer mechanically interfaces with the car seat; one or more speakers configured to generate audio output and to be coupled to the car seat such that the audio output is directed at the car seat; one or more processors configured to be coupled to the car seat and configured to execute computer-executable instructions to: cause the one or more transducers to generate a first vibration output corresponding to one or more of a first intensity, a first speed, or a first pattern; cause the one or more speakers to generate a first audio output corresponding to one or more of a first volume or a first duration; determine to adjust the first vibration output and the first audio output; determine a second vibration output corresponding to one or more of a second intensity, second speed, or a second pattern; determine a second audio output corresponding to one or more of a second volume or a second duration; and cause the one or more transducers to generate the second vibration output and the one or more speakers to generate the second audio output.
Appropriate correction is required.
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.
Claim(s) 16 and 19 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.
The term “car audio” in claim 16 is a relative term which renders the claim indefinite. The term “car audio” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term ‘car audio’ does not have a single, well-understood meaning in the art and may be interpreted in multiple, materially different ways including but not limited to the following categories:
Audio generated by vehicle systems (i.e. engine starting/stopping, idle, acceleration, door closing, …)
Audio playback or media output systems (i.e. AM/FM radio, Bluetooth-streamed music or audio, CD player output, MP3 or digital media playback, Navigation systems, ….)
Interior ambient or functional sounds (i.e. turn signal, windshield wiper, seatbelt alerts, other warning chimes)
Exterior ambient sounds related to weather or environment (i.e. traffic, city or suburban noise, construction, hail, rain, wind, …. )
Human Speech or Passenger Generated Audio (i.e. conversation from a passenger or driver, hands-free phone conversations, voice commands, ….)
Due to the term ‘car audio’ encompassing one or more than one of the distinct and non-equivalent categories of sound indicated above, and because the claims fail to provide objective boundaries or definitional guidance through the disclosure, a person of ordinary skill in the art would not be able to determine the scope of the claims with reasonable certainty. Therefore, the term ‘car audio’ is a relative term lacking antecedent clarity. For examination purposes, the Examiner has interpreted that any of the above forms of audio can encompass a ‘car audio’, however, if the Applicant determines that only interior audio was intended, or more specifically an interior audio of a specific form, then the Examiner recommends amending the disclosure and claim(s) as necessary.
Claim 19 recites the limitation "wherein the second vibration output is synced temporally with the second vibration output". There is insufficient antecedent basis for this limitation in the claim. Notably, the Examiner believes that there was a drafting error creating ambiguity. Based on the claimed structure and surrounding limitations, it appears the Applicant likely intended to recite that: (1) “the second vibration output is synchronized with a second audio output”…. (2) “the second vibration output is synchronized with a first audio output”…. (3) “the second vibration output is synchronized with a first vibration output”…. However, due to the current circumstances the scope of the claim is unclear an subject to multiple interpretations, further noting that the recited synchronization is self-referential and redundant. Therefore, for examination purposes it was understood as recitation (1) indicated above, and appropriate amendments are necessary to adjust the relationship between the elements and the ability to be synchronized.
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) 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Boren (US 20170281899 A1).
In regards to Claim 15, Boren teaches: A multi-sensory tactile system for soothing a child (Para 0024 and Abstract) in a car seat (Para 0029 - 'car seat'), the system comprising: one or more transducers (25 - Fig. 1) configured to generate vibration output (Para 0026) and to be coupled to the car seat (40 - Fig. 1, Para 0029) such that the one or more transducer mechanically interfaces with the car seat (Para 0026-0027 and Para 0029, Fig. 1); one or more speakers (20 - Fig. 1) configured to generate audio output and to be coupled to the car seat such that the audio output is directed at the car seat (Para 0027 and Para 0030); one or more processors configured to be coupled to the car seat (72 - Fig. 9) and configured to execute computer-executable instructions (Para 0030) to: cause the one or more transducer to generate a first vibration output (Para 0030: "FIG. 2A-FIG. 10 is a printed circuit board having a variety of components positioned thereon to effect the production of vibrations and/or sound. Buttons for power 60, increase in volume/vibration frequency 62 and decrease in volume/vibration frequency 64 may be positioned on the upper surface of the case 35, and are electrically connected to the printed circuit board 15 to effect the desired result. ") corresponding to one or more of a first intensity, a first speed, or a first pattern ('higher/increased' volume/vibration - Para 0030); cause the one or more speaker to generate a first audio output (Para 0030: 'higher/increased' volume/vibration) corresponding to one or more of a first volume (Para 0030: noting that an increased volume/vibration would be of a first volume) or a first duration; determine to adjust the first vibration output and the first audio output (Para 0030: press button 64, adjusts the first vibration output to decrease the vibration); determine a second vibration output corresponding to one or more of a second intensity, second speed, or a second pattern (Para 0030: "FIG. 2A-FIG. 10 is a printed circuit board having a variety of components positioned thereon to effect the production of vibrations and/or sound. Buttons for power 60, increase in volume/vibration frequency 62 and decrease in volume/vibration frequency 64 may be positioned on the upper surface of the case 35, and are electrically connected to the printed circuit board 15 to effect the desired result. ", noting that decreasing the volume/vibration would therefore decrease intensity); determine a second audio output corresponding to one or more of a second volume or a second duration (Para 0030: press button 62, adjust a second audio output to increase the volume); and cause the one or more transducer to generate the second vibration output (Para 0030: "FIG. 2A-FIG. 10 is a printed circuit board having a variety of components positioned thereon to effect the production of vibrations and/or sound. Buttons for power 60, increase in volume/vibration frequency 62 and decrease in volume/vibration frequency 64 may be positioned on the upper surface of the case 35, and are electrically connected to the printed circuit board 15 to effect the desired result.", thus as the button 62 gets pressed the second vibration output is created) and the one or more speaker to generate the second audio output (Para 0027).
In regards to Claim 16, Boren teaches (as best understood by the 112(b) indicated above): The multi-sensory tactile system of claim 15, wherein one or more of the first audio output or second audio output is indicative of car audio (Para 0030: "Similarly the printed circuit board may be provided with a Bluetooth module 70 that allows users to live-stream any sound, vibration or music, such as classic lullabies, ambient sounds or music, from their Bluetooth compatible device. A central processing unit (CPU) 72 is also located on the PCB 15 to control the various functions of the device. The device's onboard memory contains a plurality of built-in sounds and track programmed with delta sleep patterns that both induce sleep and also train the brain to recognize such sounds as a cue to sleep.", noting that 'any sound' can be used - aka 'car audio' is a sound. Such that cars have Bluetooth integrated therefore; they can use the car Bluetooth to also include car audio sounds).
In regards to Claim 17, Boren teaches: The multi-sensory tactile system of claim 15, wherein one or more of the first vibration output or second vibration output is indicative of car vibrations (Para 0024: "The present invention is directed to an infant sleep inducing device 10 that in application, simulates the vibrations that occur in an automobile to soothe a restless infant. More particularly, the present invention releasably attaches to a surface of a baby carrier so as to produce vibrations directly through the surface it is in contact with. In the broadest context, the infant sleep inducing device of the present invention consists of components configured and correlated with respect to each other so as to attain the desired objective.").
In regards to Claim 18, Boren teaches: The multi-sensory tactile system of claim 15, further comprising a housing (35 - Fig. 1), wherein the one or more transducers, the one or more speakers, and the one or more processors are each disposed in the housing (Fig. 1 shows the housing 35 holding all stated components).
In regards to Claim 19, Boren teaches (as best understood by the 112(b) indicated above): The multi-sensory tactile system of claim 15, wherein the second vibration output is synced temporally with the second vibration output (Para 0030: Buttons for power 60, increase in volume/vibration frequency 62 and decrease in volume/vibration frequency 64 may be positioned on the upper surface of the case 35, and are electrically connected to the printed circuit board 15 to effect the desired result.", noting that the volume/vibration indicates that both would be in sync and adjusted together).
In regards to Claim 20, Boren teaches: The multi-sensory tactile system of claim 15, further comprising an input device, wherein the input device is coupled to the car seat and configured to receive input data from a user (62, 64 - Fig. 6, indicate buttons for increasing and decreasing the volume/vibration - therefore can receive input from the user's hand).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dickie (US 20070129596 A1) teaches: An infant rocking assembly includes a base, a sound-producing device for playing a soundtrack to produce a sound pattern, a top member which is movably mounted on the base and supports an infant-supporting structure such as a carrier seat or stroller, and a motor for moving the top member relative to the base in a manner which is synchronized with the sound pattern. Preferably, a stepper motor is used to produce complex movements of the top member and facilitate the synchronization. The stepper motor preferably rolls a truck between the base and top member to move the top member via engagement between upper rollers of the truck and camming surfaces of the top member. A microprocessor controls the motor and sound-producing device. A mattress support member and the low-profile rocking assembly may be positioned below an infant mattress to rock the infant mattress.
Seymore (US 8047888 B1) teaches: An apparatus that mimics the physical effects of riding in a motor vehicle comprising a base structure on which a child automobile seat may be mounted to sooth an occupying child is herein disclosed. A top platform is laterally and longitudinally motioned by bottom mounted motion generating motor assemblies by means of supporting springs. A standard child's automobile seat can be fastened with the use of an integral seat belt. The apparatus is controlled by a microprocessor-based control system, which activates the motors to reproduce a gentle rocking, bumping, swerving or other motion commonly experienced in a motor vehicle. Additionally, the apparatus comprises a sound system capable of producing soothing music and a plurality of sounds designed to mimic those heard in a motor vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON MATTHEWS whose telephone number is (571)272-8473. The examiner can normally be reached M-F 7:30-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571)-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MADISON EMANSKI/Primary Examiner, Art Unit 3673