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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 26, 2026 has been entered.
Response to Amendment
The amendment filed August 26, 2026 has been entered. Claims 1-22 remain pending in the application. Applicant’s amendments to the claims have overcome each and every 101, 102, and 103 rejections previously set forth in the Final Office Action mailed March 27, 2026. Applicant’s amendments to the claims necessitate new grounds of rejection, as described in the Response to Arguments and 103 Rejections below.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “range setting portion” and “arithmetic portion” in claim 1; “index value calculator” in claim 2; “range setting portion” and “arithmetic portion” in claim 9; “total activity level calculator”, range setting portion”, and “arithmetic portion” in claim 10; “a plurality of identification devices” and “a determination portion” in claim 15; and “an application execution portion” in claim 21.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1, 9-11, 15-18, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over US 20160091980 A1 (Baranski et al.) in view of “Wavelet-Based Analysis of Physical Activity and Sleep Movement Data from Wearable Sensors among Obese Adults” (Soangra et al.).
Regarding claim 1, Baranski teaches an operation apparatus comprising:
a plurality of sensors configured to be worn on a wrist and to output a sensor signal based on a displacement of a body surface of the wrist ([0026] “The device can be attached to, resting on, or touching a user's wrist, ankle or other body part. One or more optical sensors, inertial sensors, mechanical contact sensors, and myoelectric sensors, to name just a few examples, can allow the device to detect movements of a user's body, such as the user's hand, arm, wrist, and fingers.”);
an arithmetic portion configured to learn an operation based on the sensor signal of the plurality of sensors in the operation learning time range ([0052] “In process 960, the device can track a gesture or motion history and the task or command that typically follows the gesture or motion (step 962). That is, the device can learn from past history which commands are associated with which gestures. Then, in the future, the device can predict what command the user desires to follow a user gesture. When the user moves his or her hand, arm, wrist, or fingers, the device can determine the gesture (step 964). The device can predict the associated command (step 966), and the device can execute the command without direct user interaction (step 968).”),
wherein the arithmetic portion is configured to obtain a normative signal corresponding to each of a plurality of different finger operations, the normative signal being learned in advance from sensor signals obtained based on a plurality of different conditions from the sensor signal and further configured to identify, based on the normative signal, which one of a plurality of fingers of a hand extending from the wrist on which the plurality of sensors are worn has performed the operation ([0054] “The device can detect each finger or tendon movement and associated information. The associated information can be used to establish a baseline. When the user performs a gesture or movement, the device can compare a signal measured from the gesture or movement and can compare the signal to the baseline”; [0040] “The plurality of light sensors 504 can be positioned near the plurality of lights sources 502 and can detect the reflectance profile. Each one of the tendons 510 can be associated with a different light source 502 and light sensor 504 pair. When the user flexes or extends the fingers, tendons 510 can cause a ripple in the surface of the user's skin located at wrist 520. Each of the fingers can cause a ripple at a different location, and the light source and light sensor pair can detect the corresponding tendon 510 moving closer to or away from the skin surface. As a tendon moves, the gap between the tendon and the light source 502 and light sensor pair can change, resulting in a change in the reflectance profile”; [0050]; [0056-0057]).
Baranski does not explicitly teach a total activity level calculator configured to calculate a total activity level obtained as an inner area of a chart generated from amplitude values of the sensor signals of the plurality of sensors; a range setting portion configured to set an operation learning time range that includes a time of a feature point of the sensor signal of the plurality of sensors, wherein the operation learning time range is set with a peak value of a time function waveform of the total activity level as the feature point and is based on a spread of the waveform of the total activity level.
However,
Soangra teaches a total activity level calculator configured to calculate a total activity level obtained as an inner area of a chart generated from amplitude values of the sensor signals of the plurality of sensors (Page 10, Activities of Daily Living - “We computed Detrended Resultant Acceleration (DRA) signals for an analysis of magnitudes of activities of daily living. The resultant acceleration (RA,xyz) was defined as the resultant acceleration from all three unidirectional accelerometers.”; “Activity amplitude was defined as the time integral of DRA signals over the time span”; Equation 10 “Total Activity Amplitude =
∫
0
4
D
R
A
”)
a range setting portion configured to set an operation learning time range that includes a time of a feature point of the sensor signal of the plurality of sensors, wherein the operation learning time range is set with a peak value of a time function waveform of the total activity level as the feature point and is based on a spread of the waveform of the total activity level (Page 4, Transition Peaks Evaluation – “There are several local maxima (peaks) in one transition. The start and stop boundaries of these transitions are evaluated (Figure 2)”; Page 5, Start and Stop of a Transition – “The starting point of a transition is defined as the first minima within an interval of 0.5 s before the first peak. Similarly, the stop point of a transition is defined as the first minima that occurs within 0.5 s after the last peak (Figure 4)”; Page 5, Transition Duration – “It is defined as the time interval from the start of a transition to the stop of a transition. Maximum and Minimum Acceleration Values in Transition: The maximum acceleration is the maximum acceleration (maximum peak value) within the duration of a transition. The minimum acceleration is the minimum acceleration (minimum valley value) during a transition (Figure 5). Sleep parameters are defined in Table 1.”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the apparatus taught by Baranski to include a total activity level calculator and a range setting portion to dynamically adjust a sampling window. One would have been motivated to make this modification because a moving window can be used to evaluate maxima and isolate specific movements as well as assessing activity level based on the amplitude of movements using data from wearable sensors, as suggested by Soangra (Page 4, Pages 11-12).
Regarding claim 9, Baranski teaches an operation apparatus comprising:
a plurality of sensors configured to be worn on a wrist and to output a sensor signal based on a displacement of a body surface of the wrist ([0026] “The device can be attached to, resting on, or touching a user's wrist, ankle or other body part. One or more optical sensors, inertial sensors, mechanical contact sensors, and myoelectric sensors, to name just a few examples, can allow the device to detect movements of a user's body, such as the user's hand, arm, wrist, and fingers.”);
an arithmetic portion configured to estimate an operation based on the sensor signal of the plurality of sensors in the operation estimating time range ([0052] “In process 960, the device can track a gesture or motion history and the task or command that typically follows the gesture or motion (step 962). That is, the device can learn from past history which commands are associated with which gestures. Then, in the future, the device can predict what command the user desires to follow a user gesture. When the user moves his or her hand, arm, wrist, or fingers, the device can determine the gesture (step 964). The device can predict the associated command (step 966), and the device can execute the command without direct user interaction (step 968).”),
wherein the arithmetic portion is configured to obtain a normative signal corresponding to each of a plurality of different finger operations, the normative signal being learned in advance from sensor signals obtained based on a plurality of different conditions from the sensor signal and further configured to identify, based on the normative signal, which one of a plurality of fingers of a hand extending from the wrist on which the plurality of sensors are worn has performed the operation ([0054] “The device can detect each finger or tendon movement and associated information. The associated information can be used to establish a baseline. When the user performs a gesture or movement, the device can compare a signal measured from the gesture or movement and can compare the signal to the baseline”; [0040] “The plurality of light sensors 504 can be positioned near the plurality of lights sources 502 and can detect the reflectance profile. Each one of the tendons 510 can be associated with a different light source 502 and light sensor 504 pair. When the user flexes or extends the fingers, tendons 510 can cause a ripple in the surface of the user's skin located at wrist 520. Each of the fingers can cause a ripple at a different location, and the light source and light sensor pair can detect the corresponding tendon 510 moving closer to or away from the skin surface. As a tendon moves, the gap between the tendon and the light source 502 and light sensor pair can change, resulting in a change in the reflectance profile”; [0050]; [0056-0057]).
Baranski does not explicitly teach a total activity level calculator configured to calculate a total activity level obtained as an inner area of a chart generated from amplitude values of the sensor signals of the plurality of sensors; a range setting portion configured to set an operation estimating time range that includes time of a feature point of the sensor signal of the plurality of sensors, wherein the operation estimating time range is set with a peak value of a time function waveform of the total activity level as the feature point and is based on a spread of the waveform of the total activity level.
However,
Soangra teaches a total activity level calculator configured to calculate a total activity level obtained as an inner area of a chart generated from amplitude values of the sensor signals of the plurality of sensors (Page 10, Activities of Daily Living - “We computed Detrended Resultant Acceleration (DRA) signals for an analysis of magnitudes of activities of daily living. The resultant acceleration (RA,xyz) was defined as the resultant acceleration from all three unidirectional accelerometers.”; “Activity amplitude was defined as the time integral of DRA signals over the time span”; Equation 10 “Total Activity Amplitude =
∫
0
4
D
R
A
”)
a range setting portion configured to set an operation learning time range that includes a time of a feature point of the sensor signal of the plurality of sensors, wherein the operation learning time range is set with a peak value of a time function waveform of the total activity level as the feature point and is based on a spread of the waveform of the total activity level (Page 4, Transition Peaks Evaluation – “There are several local maxima (peaks) in one transition. The start and stop boundaries of these transitions are evaluated (Figure 2)”; Page 5, Start and Stop of a Transition – “The starting point of a transition is defined as the first minima within an interval of 0.5 s before the first peak. Similarly, the stop point of a transition is defined as the first minima that occurs within 0.5 s after the last peak (Figure 4)”; Page 5, Transition Duration – “It is defined as the time interval from the start of a transition to the stop of a transition. Maximum and Minimum Acceleration Values in Transition: The maximum acceleration is the maximum acceleration (maximum peak value) within the duration of a transition. The minimum acceleration is the minimum acceleration (minimum valley value) during a transition (Figure 5). Sleep parameters are defined in Table 1.”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the apparatus taught by Baranski to include a total activity level calculator and a range setting portion to dynamically adjust a sampling window. One would have been motivated to make this modification because a moving window can be used to evaluate maxima and isolate specific movements as well as assessing activity level based on the amplitude of movements using data from wearable sensors, as suggested by Soangra (Page 4, Pages 11-12).
Regarding claim 10, Baranski teaches an operation apparatus comprising:
a plurality of sensors configured to be worn on a wrist and to output a sensor signal based on a displacement of a body surface of the wrist ([0026] “The device can be attached to, resting on, or touching a user's wrist, ankle or other body part. One or more optical sensors, inertial sensors, mechanical contact sensors, and myoelectric sensors, to name just a few examples, can allow the device to detect movements of a user's body, such as the user's hand, arm, wrist, and fingers.”);
an arithmetic portion configured to estimate an operation based on the sensor signal ([0052] “In process 960, the device can track a gesture or motion history and the task or command that typically follows the gesture or motion (step 962). That is, the device can learn from past history which commands are associated with which gestures. Then, in the future, the device can predict what command the user desires to follow a user gesture. When the user moves his or her hand, arm, wrist, or fingers, the device can determine the gesture (step 964). The device can predict the associated command (step 966), and the device can execute the command without direct user interaction (step 968).”).
Baranski does not explicitly teach a total activity level calculator configured to calculate a total activity level obtained as an inner area of a chart generated from amplitude values of the sensor signals of the plurality of sensors; a range setting portion configured to set a time window for operation estimation, wherein the time window is set with a peak value of a time function waveform of the total activity level as a feature point, and is based on a spread of the waveform of the total activity level; and an arithmetic portion configured to estimate an operation based on the total activity level in the time window.
However,
Soangra teaches a total activity level calculator configured to calculate a total activity level obtained as an inner area of a chart generated from amplitude values of the sensor signals of the plurality of sensors (Page 10, Activities of Daily Living - “We computed Detrended Resultant Acceleration (DRA) signals for an analysis of magnitudes of activities of daily living. The resultant acceleration (RA,xyz) was defined as the resultant acceleration from all three unidirectional accelerometers.”; “Activity amplitude was defined as the time integral of DRA signals over the time span”; Equation 10 “Total Activity Amplitude =
∫
0
4
D
R
A
”)
a range setting portion configured to set a time window for operation estimation, wherein the time window is set with a peak value of a time function waveform of the total activity level as a feature point, and is based on a spread of the waveform of the total activity level (Page 4, Transition Peaks Evaluation – “There are several local maxima (peaks) in one transition. The start and stop boundaries of these transitions are evaluated (Figure 2)”; Page 5, Start and Stop of a Transition – “The starting point of a transition is defined as the first minima within an interval of 0.5 s before the first peak. Similarly, the stop point of a transition is defined as the first minima that occurs within 0.5 s after the last peak (Figure 4)”; Page 5, Transition Duration – “It is defined as the time interval from the start of a transition to the stop of a transition. Maximum and Minimum Acceleration Values in Transition: The maximum acceleration is the maximum acceleration (maximum peak value) within the duration of a transition. The minimum acceleration is the minimum acceleration (minimum valley value) during a transition (Figure 5). Sleep parameters are defined in Table 1.”); and
an arithmetic portion configured to estimate an operation based on the total activity level in the time window (Page 10, “For a wavelet-based time-frequency analysis of longitudinal inertial sensor data, we have sub-categorized movements into three frequency bands where most of the daily activity movements occur. Each frequency band is subdivided into a total of five frequencies … Wavelets within the band frequencies were convoluted with the inertial sensor signals to extract an accurate time and related frequency of movement throughout the day”; Page 11, “The total activity amplitude is defined as the integration of detrended resultant acceleration over the entire time of the day. The total activity amplitudes during the day were categorizes into four time zone categories”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the apparatus taught by Baranski to include a total activity level calculator and a range setting portion to dynamically adjust a sampling window. One would have been motivated to make this modification because a moving window can be used to evaluate maxima and isolate specific movements as well as assessing activity level based on the amplitude of movements using data from wearable sensors, as suggested by Soangra (Page 4, Pages 11-12).
Regarding claim 11, Baranski teaches the operation apparatus according to claim 10, wherein the arithmetic portion is further configured to estimate the operation based on an identification result of the operation by the sensor signal ([0054] “The device can detect each finger or tendon movement and associated information. The associated information can be used to establish a baseline. When the user performs a gesture or movement, the device can compare a signal measured from the gesture or movement and can compare the signal to the baseline”; [0040] “The plurality of light sensors 504 can be positioned near the plurality of lights sources 502 and can detect the reflectance profile. Each one of the tendons 510 can be associated with a different light source 502 and light sensor 504 pair. When the user flexes or extends the fingers, tendons 510 can cause a ripple in the surface of the user's skin located at wrist 520. Each of the fingers can cause a ripple at a different location, and the light source and light sensor pair can detect the corresponding tendon 510 moving closer to or away from the skin surface. As a tendon moves, the gap between the tendon and the light source 502 and light sensor pair can change, resulting in a change in the reflectance profile”).
Baranski does not explicitly teach wherein the arithmetic portion is further configured to estimate the operation based on a magnitude of the total activity level in a plurality of time periods in the time window.
However,
Soangra teaches wherein the arithmetic portion is further configured to estimate the operation based on a magnitude of the total activity level in a plurality of time periods in the time window (Page 12 “The time zone wise distribution of activity amplitude (AA) shown in Figure 14 showed that the activity amplitude found in Time zone 1 (00:00 to 06:00) was significantly higher than the activity amplitude in Time zone 3 (12:00 to 18:00) for both obese and non-obese groups. Movement Frequency Analysis: In addition, obese group produced significantly more low-frequency movements, and the non-obese group produced significantly more high-frequency movements (Figure 15)”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the apparatus taught by Baranski to include using total activity level in the time window to estimate an operation. One would have been motivated to make this modification because the total activity amplitudes can be used to estimate low-frequency movements and high-frequency movements at specific identified time zones, as suggested by Soangra (Page 12).
Regarding claim 15, Baranski teaches the operation apparatus according to claim 10, wherein the arithmetic portion includes:
a plurality of identification devices that are each configured to identify an operation on different conditions to each sensor signal of the plurality of sensors ([0050] “Any one of the optical sensors, inertial sensors, mechanical contact sensors, and myoelectric sensors used individually or together can allow the device to determine a user's motion, gesture, or both”; [0057] “Devices 900 and 901 can attach to the wrists 920 and 921 to detect the extension of fingers 903 and 905 and the flexion of fingers 902 and 907 through the movement of the tendons located at or near wrists 920 and 921. Devices 900 and 901 can detect the circular movement of the wrists 920 and 921 using the inertial sensors”); and
a determination portion configured to determine the operation based on a result identified by the plurality of identification devices ([0057] “The host device can process the signals, determine the gesture and movement, and associate the gesture with the corresponding phrase or command.”).
Regarding claim 16, Baranski teaches the operation apparatus according to claim 15, wherein the plurality of identification devices are configured identify the operation based on a relationship between previously learned operation content and the sensor signal of the plurality of sensors ([0051] “Process 950 can begin with step 952 where the device detects the user's movement. Based on the user's movement, the device can determine the gesture (step 954). The device can compare the determined gesture to pre-defined gestures located in the database (step 956).”; [0052] “the device can learn from past history which commands are associated with which gestures”).
Regarding claim 17, Baranski teaches the operation apparatus according to claim 10, wherein the plurality of sensors include:
a front side sensor group configured to be worn on a front side of the wrist (Fig. 8 depicts electrodes 806 on the front side of the wrist); and
a back side sensor group configured to be worn on a back side of the wrist (Fig. 8 depicts electrodes 816 on the back side of the wrist).
Regarding claim 18, Baranski teaches the operation apparatus according to claim 10, wherein the plurality of sensors are configured to output the sensor signal based on the displacement of the body surface of the wrist that occurs by a motion of at least one of a hand and a finger ([0050] “Hand motions can include, but are not limited to, wrist movements, opening and closing of the hand, palm orientated up, down, towards, or away and finger flexing/extending, and movement of the entire hand in an up, down, left or right direction. One or more hand motions can define a gesture input. The device can interpret the gesture input as a command.”; [0052] “When the user moves his or her hand, arm, wrist, or fingers, the device can determine the gesture (step 964). The device can predict the associated command (step 966)”).
Regarding claim 20, Baranski teaches the operation apparatus according to claim 10, further comprising a display configured to display an estimation result of the operation ([0054]; [0058] “association of the gesture in any of the illustrated above examples can lead to the task of audibly announcing the associated phrase or letter through a speaker or displaying the associated phrase or letter on a display”).
Regarding claim 21, Baranski teaches the operation apparatus according to claim 10, further comprising an application execution portion configured to execute an application based on the estimation result of the operation ([0052] “the device can include an application programming interface (API) that can enable applications to record gestures defined by the user and to associate gestures with specific tasks or commands.”).
Regarding claim 22, Baranski teaches the operation apparatus according to claim 10, further comprising a communication portion configured to send the estimation result of the operation to an external operation target device ([0057] “device 901 can send detected gesture and movement signals or information to device 900 using wired or wireless communications, such as Bluetooth.”; [0061]; [0071-0072]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160091980 A1 (Baranski et al.) in view of “Wavelet-Based Analysis of Physical Activity and Sleep Movement Data from Wearable Sensors among Obese Adults” (Soangra et al.).
Regarding claim 19, Baranski in view of Soangra teaches the operation apparatus according to claim 10.
Baranski in view of Soangra does not explicitly teach wherein the plurality of sensors are piezoelectric sensors having an electrode disposed on a piezoelectric film with flexibility.
However,
Tran teaches wherein the plurality of sensors are piezoelectric sensors having an electrode disposed on a piezoelectric film with flexibility ([0047]; [0241] “piezoelectric accelerometers designed to give qualitative assessment of limb movement”; [0224]; [0252] “a piezo film sensor element is placed on the wristwatch band”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the apparatus taught by Baranski in view of Soangra to include piezoelectric sensors with an electrode. One would have been motivated to make this modification because including piezoelectric sensors and an electrode on a piezoelectric film allows the for sensing that is sensitive to low level mechanical movements, as suggested by Tran [0252].
Response to Arguments
Applicant's arguments filed August 26, 2026 have been fully considered. With respect to the 102 and 103 Rejections in the Final Office Action (See Pages 11-13 Applicant’s Response), Applicant argues that the combination of Hall, Miettinen, Baranski, and Tran cannot be reasonably interpreted to disclose or suggest at least the combination of features recited by amended claims 1, 9, and 10.
There are new grounds of claim rejections that were necessitated by the claim amendments.
Claims 1, 9-11, 15-18, and 20-22 have been rejected under 35 U.S.C. 103 over Baranski in view of Soangra (which was not previously relied upon in any previous office action), as described above. Claim 19 has been rejected under 35 U.S.C. 103 over Baranski in view of Soangra, further in view of Tran.
Claims 2-8 and 12-14 are objected to based on their dependence on claims 1, 9, and 10. Claims 11 and 15-20 are rejected because the rejections of claims 1, 9, and 10 are proper and the prior art teaches or suggests all the features of these claims for the reasons described in the 103 Rejections.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/EVELYN GRACE PARK/Examiner, Art Unit 3791
/TSE CHEN/Supervisory Patent Examiner, Art Unit 3791
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