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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed on 1/15/2018.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/15/24 & 10/27/23 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 & 9 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.
Claim 1 states “sent to the microcontroller, the microcontroller processing the first force and sending a first command for backward movement to a computer via USB”, and “a second force that is measured by a right sensor and sent to the microcontroller, the microcontroller processing the second force and sending a second command for forward movement to the computer via the USB”. However, examiner is uncertain what is being moved “forward” or “backward”.
In claim 9 applicant states “a secondary slider”, which is unclear and confusing language since a “initial” or “primary” slider has not been defined.
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.
Claims 1-8, 10 & 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feldman et al. (US Patent Pub. 20060211543; referred to hereinafter as Feldman).
Claim 1: Feldman disclose a gaming apparatus comprising, a left armrest, a right armrest (figure 1, elements 60 & 70), a left controller mounted on the left armrest, a right controller mounted on the right armrest (0049 & 0069), and a microcontroller communicatively coupled to the left controller and the right controller (0050-0053), wherein pulling the left controller generates a first force that is measured by a left sensor and sent to the microcontroller, the microcontroller processing the first force and sending a first command for backward movement to a computer and wherein pushing the right controller generated a second force that is measured by a right sensor and sent to the microcontroller, the microcontroller processing the second force and sending a second command for forward movement to the computer via the USB (0040-0046 disclose forward backward movement and 0061-0068 disclose connection to a computing device).
Claim 2: Feldman disclose a rotary head and a rotation sensor communicatively coupled to the rotary head (figures 4-5).
Claim 3: Feldman disclose wherein the rotation sensor generates a signal in response to left and right movement from the rotary head, the signal being processed by the microcontroller and sending a command for left-right turning to the computer via the USB (0052-0068, disclose sensors).
Claim 4: Feldman disclose wherein the left controller and the right controller are independent of each other (inherent to multi-control device).
Claims 5-6: Feldman disclose force is transferred over a set of rubber rings and measured by the sensors (0052-0068).
Claims 7-8, 10: Feldman disclose a seat with a sitting position and a leaning position, thereby adjusting the seat (figures 9-10).
Claim 13: Feldman disclose wherein the left armrest and the right armrest each may be independently positioned in a forward position or a backward position (0052, feedback).
Claim 14: Feldman disclose wherein the left controller and the right controller each include one or more buttons (0049).
Claims 15-16: Feldman disclose wherein the left and right controller comprises one or more buttons selected from the group consisting of left primary trigger, left secondary trigger, left tertiary trigger, D-pad up button, D-pad down button, D-pad left button, D-pad right button, start button, right secondary trigger, right tertiary trigger, button 1, button 2, button 3, button 4, and back button (0049, wherein the buttons can be allocated any function as desired by the computing system).
Claim 17-18: Feldman disclose further comprising left strife control and right strife control, which are independent of the left controller and the right controller (0044-0048).
Claim 19: Feldman disclose a position controller that interprets commands from one or more buttons to adjust the position of the gaming apparatus (0049-0053).
Claim 20: Feldman disclose wherein the microcontroller sends gamepad commands to a PC or a console (0051-0054).
Allowable Subject Matter
Claims 9 & 11-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner’s Note
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Broderick (20110086747) refers to video game chair for enhancing the enjoyment of a video game includes a chair member formed of a horizontal seat portion with a backrest portion vertically extending therefrom. This is a chair that utilizes arm movement, torso movement, leg movement and finger movement to control video games. The chair's movement is under resistance which is variable to suit the needs of the person playing the game. This resistance allows for a video gamer to benefit from extreme cardio and bodybuilding workouts while having their mind "in the game". It is intended that this chair would be compatible with multiple video game consoles and computers.
The referenced citations made in the rejection(s) above are intended to exemplify areas in the prior art document(s) in which the examiner believed are the most relevant to the claimed subject matter. However, it is incumbent upon the applicant to analyze the prior art document(s) in its/their entirety since other areas of the document(s) may be relied upon at a later time to substantiate examiner's rationale of record. A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). However, "the prior art's mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed ...." In re Fulton, 391F.3d 1195, 1201,73 USPQ2d 1141, 1146 (Fed. Cir. 2004).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNIT PANDYA whose telephone number is (571)272-2823. The examiner can normally be reached M-F 9:30-6:30PM.
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/SUNIT PANDYA/ Primary Examiner, Art Unit 3715