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 .
This Office Action is responsive to: RCEX filed 06 Mar. 2026
Claims 1, 2 and 4-19 are pending in this case. Claims 1 and 13 are independent claims
Applicant’s Response
In Applicant’s Response dated 06 Mar. 2026, Applicant amended claims 1, 4, 10 and 13; cancelled claim 3; argued against all rejections previously set forth in the Office Action dated 07 Oct. 2025.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06 Mar. 2026 has been entered.
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 1-4, 6, 7, 10, 11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishii et al. (Pub. No.: US 2017/0003762 A1; Date: Jan. 5, 2017) (hereinafter “Ishii”).
Claim Rejections - 35 USC § 103
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, 2, 3, 6, 7, 10, 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Ishii et al. (Pub. No.: US 2017/0003762 A1; Date: Jan. 5, 2017) (hereinafter “Ishii”) in view of Giuffrida et al (Pat, No.: US 9,314,190 B1; Filed: Jul. 14, 2014) (hereinafter “Giuffrida’).
Regarding independent claim 1, Ishii disclose a computer-executable method for non-verbal communication comprising the steps of:
- mapping at least one non-verbal action of a user uniquely associating the at least one non-verbal action with a corresponding communication parameter (0021-0025; 0034; 0037);
- delivering to the user via a graphical interface a text content comprising at least one text element that is selectable (0021-0025; 0037-0042);
- during the delivering of the text content, continuously acquiring non-verbal actions of the user and processing the at least one text element according to the communication parameter uniquely associated with the acquired non-verbal action (0021-0025; 0037-0042).
Ishii does not expressly disclose Giuffrida teach wherein said mapping step is performed using a training procedure selected from a plurality of training procedures wherein a condition of immobility and/or movement of at least one body part of the user is associated with the respective communication parameter.
Giuffrida teach wherein said mapping step is performed using a training procedure selected from a plurality of training procedures wherein a condition of immobility and/or movement of at least one body part of the user is associated with the respective communication parameter (col 7 line 23-col 8 line 5; Col 19 lines 1-18; col 22 lines 8-26; col 25 line 64-col 26 line 45).
Therebefore the effective filing date of the current invention, it would have been obvious to one of ordinary skill in the art to combine Giuffrida with Ishii for the benefit of improving the functional motor recovery of a subject with a movement disorder (col 1 lines 38-41).
Regarding dependent claim 2, Ishii disclose the method according to claim 1, wherein the text elements comprise at least one of: alphanumeric characters, symbols, words, phrases, graphic elements (0024; 0038-0041).
Regarding dependent claim 3, Ishii disclose the method according to claim 1, wherein said mapping step is performed using a training procedure selected from a plurality of training procedures wherein a condition of immobility and/or movement of at least one body part of the user is associated with the respective communication parameter (0019-0020; 0024; 0033-0034).
Regarding dependent claim 4, Ishii disclose the method according to claim 3, wherein the plurality of training procedures comprises a first training procedure comprising the following steps:
- associating a first movement condition of the at least one body part with a the respective communication parameter corresponding to a main command (0021-0025; 0037-0042);
- associating a second movement condition of the at least one body part, different from the first movement condition, with the respective communication parameter corresponding to a secondary command (0021-0025; 0037-0042).
Regarding dependent claim 6, Ishii disclose the method according to claim 4, wherein the main command corresponds to a selection command for the at least one text element and the secondary command corresponds to a non-selection command for the at least one text element; and wherein:
- the text content delivery is performed by delivering a succession of distinct text elements (0021-0025; 0037-0042);
- the step of processing the at least one text element is performed by composing a text message by ordering the text elements progressively selected by the user side by side (0021-0025; 0037-0042).
Regarding dependent claim 7, Ishii disclose the method according to claim 6, wherein the order of text
element delivery is also defined and/or modified according to the text elements placed side by side to
form the text message (0021-0025; 0037-0042).
Regarding dependent claim 10, Ishii disclose the method according to claim 3, wherein the plurality of training procedures comprises a second training procedure comprising the following steps:
- displaying a succession of markers in predefined positions of said graphical interface (0037-0042);
- displaying a pointer on said graphical interface (0037-0042);
- associating a movement condition of the at least one body part with a communication parameter corresponding to a pointer movement (0037-0042).
Regarding dependent claim 11, Ishii disclose the method according to claim 10, wherein the text content delivery is performed by displaying a number of text elements on said graphical interface and wherein a persistence of the pointer on a text element for a predetermined time period results in a selection of said text element and the step of processing the at least one text element is performed by composing a text message by neatly placing the text elements progressively selected by the user side by side (0021-0025; 0037-0042).
Regarding independent claim 13, Ishii disclose a system for non-verbal communication comprising:
- a processing and computing unit configured to perform a non-verbal communication method comprising the steps of to claim 1;
mapping at least one non-verbal action of a user uniquely associating the at least one non-verbal action with a corresponding communication parameter (0021-0025; 0034; 0037);
- delivering to the user via a graphical interface a text content comprising at least one text element that is selectable (0021-0025; 0037-0042);
- during the delivering of the text content, continuously acquiring non-verbal actions of the user and processing the at least one text element according to the communication parameter uniquely associated with the acquired non-verbal action (0021-0025; 0037-0042);
- a graphical interface configured to display at least the text content (0021-0025; 0037-0042);
- at least one sensor that configured to be operative associated with the at least one part of the user's body to acquire the user’s non-verbal actions (0021-0025; 0037-0042).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ishii and Giuffrida in view of Anastasakos et al. (Pub. No.: US 2015/0286747 A1; Filed: Apr. 2, 2014) (hereinafter “Anastasakos”).
Regarding dependent claim 8, Ishii and Giuffrida does not expressly disclose the method according to claim 4, wherein the main command corresponds to an affirmative answer and the secondary command corresponds to a negative answer and wherein the text content delivery is performed by delivering a succession of queries.
Anastasakos teach wherein the main command corresponds to an affirmative answer and the secondary command corresponds to a negative answer and wherein the text content delivery is performed by delivering a succession of queries (0128-0129).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine Anastasakos with Ishii and Giuffrida for the benefit of providing a better balance complexity, training time, and error rate between the signer's freedom and the device's restrictions.
Regarding dependent claim 9, Ishii and Giuffrida in view of Anastasakos disclose the method according to claim 8, wherein the succession of queries defines a decision tree and the order in which the queries are delivered is defined and/or modified according to the acquired input (0064; 0110; 0115).
Claims 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ishii and Giuffrida in view of Hernandez-Rebollar (Pat. No.: US 7,565,295 B1; Filed: Aug. 27, 2044) (hereinafter “Rebollar”).
Regarding dependent claim 5, Ishii and Giuffrida does not expressly disclose the method according to claim 4, wherein the first movement condition is a condition of immobility of the at least one body part.
Rebollar teach wherein the first movement condition is a condition of immobility of the at least one body part (col 8, lines 11-45).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine Rebollar with Ishii and Giuffrida for the benefit of providing a better balance complexity, training time, and error rate between the signer's freedom and the device's restrictions (col 2, lines 31-34).
Regarding dependent claim 12, Ishii and Giuffrida does not expressly disclose the method according to claim 1, and further comprising a start-up step wherein at least one data element relating to the user is acquired, said at least one data element comprising at least one of: age, sex, language, health status of the user, positioning relative to the user of the graphical interface and/or one or more sensors configured or configurable for acquiring non-verbal actions.
Rebollar teach a start-up step wherein at least one data element relating to the user is acquired, said at least one data element comprising at least one of: age, sex, language, health status of the user, positioning relative to the user of the graphical interface and/or one or more sensors configured or configurable for acquiring non-verbal actions (col 2, lines 23-34).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine Rebollar with Ishii and Giuffrida for the benefit of providing a better balance complexity, training time, and error rate between the signer's freedom and the device's restrictions (col 2, lines 31-34).
Claims 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ishii and Giuffrida in view of Discenzo (Pub. No.: US 2020/0268278 A1; Filed: Feb. 25, 2019)(hereinafter “Discenzo”)
Regarding dependent claims 14 and 17, Ishii and Giuffrida does not expressly disclose the system according to claims 13 and 1 respectively, wherein the at least one sensor is associated with a hand, a finger, a foot and/or a shoulder of the user’s body.
Discenzo teach wherein the at least one sensor is associated with a hand, a finger, a foot and/or a shoulder of the user’s body (0045; 0086).
Therefore, before the effective filing date of the current invention, it would have been obvious to one of ordinary skill in the art to combine Discenzo with Ishii and Giuffrida for the benefit of providing cues to guide human movement toward more desirable body movement and more particularly to sensing desired human movement (0001).
Regarding dependent claims 15 and 18, Ishii and Giuffrida does not expressly disclose the system according to claims 14 and 17 respectively, wherein the at least one sensor is associated with the foot of the user’s body.
Discenzo teach wherein the at least one sensor is associated with the foot of the user’s body (0045; 0086).
Therefore, before the effective filing date of the current invention, it would have been obvious to one of ordinary skill in the art to combine Discenzo with Ishii and Giuffrida for the benefit of providing cues to guide human movement toward more desirable body movement and more particularly to sensing desired human movement (0001).
Regarding dependent claims 16 and 19, Ishii and Giuffrida does not expressly disclose the system according to claims 14 and 17 respectively, wherein the at least one sensor is associated with the shoulder of the user’s body.
Discenzo teach wherein the at least one sensor is associated with the shoulder of the user’s body (0045; 0086).
Therefore, before the effective filing date of the current invention, it would have been obvious to one of ordinary skill in the art to combine Discenzo with Ishii and Giuffrida for the benefit of providing cues to guide human movement toward more desirable body movement and more particularly to sensing desired human movement (0001).
NOTE
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123.
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J DEBROW whose telephone number is (571)272-5768. The examiner can normally be reached on 09:00 - 06:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Bashore can be reached on 571-272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James J Debrow/
Primary Patent Examiner
Art Unit 2174
571-272-5768