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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/6/2026 has been entered.
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 1, 3-6, 8, 10-13, 15, 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Whitlow et al. (Pub # US 2012/0075122 A1), and further in view of Levesque et al. (Pub # US 2015/0347075 A1).
Consider claim 1, Whitlow et al. teaches an electronic device comprising: a memory having stored thereon a dynamic haptic alert (DHA) module for managing one or more of an intensity, a frequency, a duration, and pattern of haptic responses by the electronic device [0015 and 0036]; a haptic output device; a processor communicatively coupled to the haptic output device and the memory, and which executes program code of the DHA module, which enables the electronic device to: detect a haptic triggering event; and in response to detecting the haptic triggering event: generate a first haptic output [0041]; wait a predetermined duration for an acknowledgement of the first haptic output; and in response to the first haptic output not being acknowledged after the predetermined duration, change a haptic setting of the electronic device and generate-a second haptic output that has at least one parameter that differs from a corresponding parameter of the first haptic output [0054], determine a pattern of responses to multiple occurrences of the first haptic output over a period of time [0048 and 0053].
Whitlow et al. does not teach in response to the pattern of responses indicating a reduced efficacy in the response time to presentation of the first haptic output, trigger a change in the haptic setting to automatically generate the second haptic output for a next haptic triggering event.
In the same field of endeavor, Levesque et al. teaches in response to the pattern of responses indicating a reduced efficacy in the response time to presentation of the first haptic output, trigger a change in the haptic setting to automatically generate the second haptic output for a next haptic triggering event [0044] for the benefit of improving user awareness and notification effectiveness.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include in response to the pattern of responses indicating a reduced efficacy in the response time to presentation of the first haptic output, trigger a change in the haptic setting to automatically generate the second haptic output for a next haptic triggering event as shown in Lecveaque et al., in Whitlow et al. device for the benefit of improving user awareness and notification effectiveness.
Consider claim 3, Whitlow et al. clearly shows and disclose the electronic device, wherein to change the haptic setting and generate the second haptic output, the processor increases an amplitude parameter [0036 and 0049].
Consider claim 4, Whitlow et al. clearly shows and disclose the electronic device, wherein to change the haptic setting and generate the second haptic output, the processor increases a frequency parameter [0049].
Consider claim 5, Whitlow et al. clearly shows and disclose the electronic device, wherein the first haptic output has a first duration of vibration, and wherein to change the haptic setting and generate a second haptic output, the processor provides a second duration of vibration, wherein the second duration of vibration is different from the first duration of vibration [0049].
Consider claim 6, Whitlow et al. clearly shows and disclose the electronic device, wherein the first haptic output has a first pattern of vibration, and wherein to change the haptic setting and generate a second haptic output, the processor generates a second pattern of vibration that is different from the first pattern of vibration [0054].
Consider claim 8, the method steps herein have been performed or executed by the corresponding apparatus as shown in claim 1. Therefore, claim 8 has been analyzed and rejected with regard to claim 1 as set forth above.
Consider claim 10, the method steps herein have been performed or executed by the corresponding apparatus as shown in claim 3. Therefore, claim 10 has been analyzed and rejected with regard to claim 3 as set forth above.
Consider claim 11, the method steps herein have been performed or executed by the corresponding apparatus as shown in claim 4. Therefore, claim 11 has been analyzed and rejected with regard to claim 4 as set forth above.
Consider claim 12, the method steps herein have been performed or executed by the corresponding apparatus as shown in claim 5. Therefore, claim 12 has been analyzed and rejected with regard to claim 5 as set forth above.
Consider claim 13, the method steps herein have been performed or executed by the corresponding apparatus as shown in claim 6. Therefore, claim 13 has been analyzed and rejected with regard to claim 6 as set forth above.
Consider claim 15, Whitlow et al. clearly shows and disclose a computer program product comprising a non-transitory computer readable medium have program instructions that when executed by a processor of an electronic device that comprises a display, the program instructions configure the electronic device to perform functions comprising: detecting a haptic triggering event; in response to detecting the haptic triggering event: generate a first haptic output [0041]; wait a predetermined duration for an acknowledgement of the first haptic output; and in response to the first haptic output not being acknowledged after the predetermined duration, change a haptic setting of the electronic device and generate-a second haptic output that has at least one parameter that differs from a corresponding parameter of the first haptic output [0054], determine a pattern of responses to multiple occurrences of the first haptic output over a period of time [0048 and 0053].
Whitlow et al. does not teach in response to the pattern of responses indicating a reduced efficacy in the response time to presentation of the first haptic output, trigger a change in the haptic setting to automatically generate the second haptic output for a next haptic triggering event.
In the same field of endeavor, Levesque et al. teaches in response to the pattern of responses indicating a reduced efficacy in the response time to presentation of the first haptic output, trigger a change in the haptic setting to automatically generate the second haptic output for a next haptic triggering event [0044] for the benefit of improving user awareness and notification effectiveness.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include in response to the pattern of responses indicating a reduced efficacy in the response time to presentation of the first haptic output, trigger a change in the haptic setting to automatically generate the second haptic output for a next haptic triggering event as shown in Lecveaque et al., in Whitlow et al. device for the benefit of improving user awareness and notification effectiveness.
Consider claim 17, Whitlow et al. clearly shows and disclose the computer program product, wherein the computer program product further comprises program instruction for the haptic setting by increasing at least one of an amplitude parameter and a frequency parameter [0036 and 0049].
Consider claim 19, Whitlow et al. clearly shows and disclose the computer program product, wherein the first haptic output has a first duration of vibration, and wherein the computer program product further comprises program instructions for providing a second duration of vibration, wherein the second duration of vibration is different from the first duration of vibration [0049].
Consider claim 20, Whitlow et al. clearly shows and disclose the computer program product, wherein the first haptic output has a first pattern of vibration, and wherein the computer program product further comprises program instructions for providing a second pattern of vibration, wherein the second pattern of vibration is different from the first pattern of vibration [0054].
Claims 7, 14, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Whitlow (Pub # US 2012/0075122 A1) in view of Levesque et al. (Pub # US 2015/0347075 A1) as applied to claims 1, 8, and 15 above, and further in view of Sutherland (Pub # US 2021/0084436 A1).
Consider claim 7, Whitlow et al. and Levesque et al. combined reference teaches the similar invention.
Whitlow et al. and Levesque et al. combined reference does not teach the electronic device, further comprising a body proximity sensor coupled to the processor, and wherein the processor: determines whether the electronic device is in an on-body state; and generates the second haptic output in response to detecting an on-body state of the electronic device.
In the same field of endeavor, Sutherland teaches the electronic device, further comprising a body proximity sensor coupled to the processor, and wherein the processor: determines whether the electronic device is in an on-body state; and generates the second haptic output in response to detecting an on-body state of the electronic device [0083] for the benefit of generate the proper alert to the user.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a body proximity sensor coupled to the processor, and wherein the processor: determines whether the electronic device is in an on-body state; and generates the second haptic output in response to detecting an on-body state of the electronic device as shown in Sutherland, in Whitlow et al. and Levesque et al. combined rdevice for the benefit of generate the proper alert to the user.
Consider claim 14, the method steps herein have been performed or executed by the corresponding apparatus as shown in claim 7. Therefore, claim 14 has been analyzed and rejected with regard to claim 7 as set forth above.
Consider claim 21, Whitlow et al. and Levesque et al. combined reference teaches similar invention.
Whitlow et al. and Levesque et al. combined reference does not teach wherein the program instructions further comprise program instructions that configure the electronic device to perform functions comprising: determining whether the electronic device is in an on-body state; and generating the second haptic output in response to detecting an on-body state of the electronic device.
In the same field of endeavor, Sutherland teaches wherein the program instructions further comprise program instructions that configure the electronic device to perform functions comprising: determining whether the electronic device is in an on-body state; and generating the second haptic output in response to detecting an on-body state of the electronic device [0083] for the benefit of generate the proper alert to the user.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the program instructions further comprise program instructions that configure the electronic device to perform functions comprising: determining whether the electronic device is in an on-body state; and generating the second haptic output in response to detecting an on-body state of the electronic device as shown in Sutherland, in Whitlow et al. and Levesque et al. combined device for the benefit of generate the proper alert to the user.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3-8, 10-15, 17, and 19-21 have been considered but are moot because the newly amended limitations have been analyzed and rejected as set forth in rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK K WANG whose telephone number is (571)272-1938. The examiner can normally be reached M-F 9AM - 5PM.
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/JACK K WANG/Primary Examiner, Art Unit 2686