Prosecution Insights
Last updated: July 17, 2026
Application No. 18/631,950

DEVICE AND METHOD FOR HAND GESTURE DETECTION

Non-Final OA §103
Filed
Apr 10, 2024
Priority
Apr 10, 2023 — provisional 63/458,329
Examiner
NGUYEN, RACHEL NICOLE
Art Unit
Tech Center
Assignee
Weichen Wang
OA Round
1 (Non-Final)
25%
Grant Probability
At Risk
1-2
OA Rounds
1y 9m
Est. Remaining
73%
With Interview

Examiner Intelligence

Grants only 25% of cases
25%
Career Allowance Rate
9 granted / 36 resolved
-35.0% vs TC avg
Strong +48% interview lift
Without
With
+48.2%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
40 currently pending
Career history
84
Total Applications
across all art units

Statute-Specific Performance

§103
95.2%
+55.2% vs TC avg
§102
3.4%
-36.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 36 resolved cases

Office Action

§103
DETAILED ACTION This is the first office action on the merits. Claims 1-10 are currently pending. 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 1/7/2025 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 § 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al., US 20200209966 A1 (“Nakamura”) in view of Shi, US 20210247498 A1 (“Shi”). Regarding claim 1, Nakamura discloses a device for detecting hand gesture, comprising: a housing having a bottom portion and at least one side surface (Fig. 1A, grip member 101A, Paragraph [0041]), wherein the at least one side surface has at least one opening (Fig. 1A grip member 101A, opening for sensor array 103A, Paragraph [0041]); a wearing member fixed to the bottom portion and adapted to be worn on a palm of a user (Fig. 1A-B, belt 121, Paragraph [0040]); and a sensing module disposed within the housing (Fig. 1A, sensor array 103A, Paragraph [0042]) and comprising: a light emitting component configured to emit a light beam through the at least one opening (Fig. 1A, sensor array 103A, Paragraph [0042]); […], wherein the detection area includes a finger area on the palm (Paragraph [0043]-[0044]); and a light sensor configured to receive, through the at least one opening, a reflected light corresponding to the light beam and generate an electrical signal based on the reflected light (Fig. 1A, sensor array 103A, Paragraph [0042]), wherein the electrical signal is used to generate an image of the finger area (Paragraph [0043]-[0044]). Nakamura does not teach: an electromechanical component configured to control the light beam to be emitted towards a detection area. However, Shi teaches a laser measurement system that includes a MEMS micromirror to control the light beam to be emitted towards a detection area (Fig. 1, MEMS micromirror 103, Paragraph [0078]). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Nakamura’s sensor array by adding a MEMS micromirror to scan the light in a detection area, which is disclosed by Shi. One of ordinary skill in the art would have been motivated to make this modification in order to achieve “high measurement precision, fast scanning speed, flexible and configurable number of scanning lines, low mechanical wear, low costs, mass production, and the like”, as suggested by Shi (Paragraph [0003]). Regarding claim 2, Nakamura, as modified in view of Shi, discloses the device of claim 1, wherein the sensing module further comprises: a processor configured to generate the image of the finger area based on the electrical signal (Nakamura, Fig. 4, computational unit 137, Paragraph [0071]; See also Paragraph [0066]); and a wireless communication module electrically connected to the processor and configured to transmit the image of the finger area to a computing device (Nakamura, Fig. 4, communication interface 150, Paragraph [0071],[0073]). Regarding claim 3, Nakamura, as modified in view of Shi, discloses the device of claim 1, wherein the sensing module further comprises: a processor configured to receive the electrical signal (Nakamura, Fig. 4, computational unit 137, Paragraph [0071]; See also Paragraph [0066]); and a wireless communication module electrically connected to the processor and configured to transmit the electrical signal to a computing device and cause the computing device to generate the image of the finger area based on the electrical signal (Nakamura, Fig. 4, communication interface 150, console device 200, Paragraph [0071],[0073]-[0074]). Regarding claim 4, Nakamura, as modified in view of Shi, discloses the device of claim 1, wherein the electromechanical component includes a micro-electro-mechanical system (MEMS) mirror to reflect the light beam and adjust a direction of the light beam (Shi, Fig. 1, MEMS micromirror 103, Paragraph [0078]). Regarding claim 5, Nakamura, as modified in view of Shi, discloses the device of claim 1, further comprising: a processor (Nakamura, Fig. 4, computational unit 137, Paragraph [0071]); and a motion sensor coupled to the processor and configured to provide gesture data of the palm, wherein the gesture data include at least one of orientation data, speed data, and acceleration data of the palm (Nakamura, Fig. 4, inertial measurement unit (IMU) 131, Paragraph [0067]); wherein the processor is configured to determine gesture information based on the image of the finger area and the gesture data of the palm (Nakamura, Fig. 4, computational unit 137, Paragraph [0071]). Claims 6-10 are method claims corresponding to apparatus claims 1-5 and are rejected for the same reasons. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sawai et al., US 20230244312 A1 discloses a device for detecting finger gestures that comprises a light sensor device that is wearable on the palm of a hand. Cherradi El Fadili, US 20090322673 A1 discloses a device for detecting finger movements that comprises a light sensor device that includes a steerable mirror. Kim et al., US 20140098018 A1 discloses a device for tracking hand gestures that is worn on the wrist. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL N NGUYEN whose telephone number is (571)270-5405. The examiner can normally be reached Monday - Friday 8 am - 5:30 pm ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuqing Xiao can be reached at (571) 270-3603. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RACHEL NGUYEN/Examiner, Art Unit 3645 /YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645
Read full office action

Prosecution Timeline

Apr 10, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Patent 12613320
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4y 2m to grant Granted Oct 14, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
25%
Grant Probability
73%
With Interview (+48.2%)
4y 1m (~1y 9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 36 resolved cases by this examiner. Grant probability derived from career allowance rate.

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