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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 9 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 8, and 10 of U.S. Patent No. 10429935. Although the claims at issue are not identical, they are not patentably distinct from each other because the species covers the genus.
18649615
10429935
1(Currently Amended) A method comprising:
receiving, by a computing device, motion input obtained by one or more sensors;
detecting, based on comparing the received motion input with the a frequency threshold, a rhythmic motion in the received motion input; and based on the determining that the rhythmic motion satisfies the frequency
threshold for at least a time duration threshold, filtering the motion input to suppress the
rhythmic motion from further input from the one or more sensors
1. A method comprising: detecting, by a first computing device, a tremor in motion input obtained by one or more sensors; determining, by the first computing device, whether to filter the obtained motion input, wherein the determining is based on: one or more frequencies corresponding to predefined rhythmic gestures of valid user commands used by an application, and a frequency of the detected tremor; determining, by the first computing device, that a processing threshold has been satisfied, wherein the processing threshold is established based on a frequency of a rhythmic gesture command being higher than the frequency of the detected tremor; sending, to a second computing device, a request for rhythmic filtering to suppress the detected tremor and generate a filtered motion input; receiving, from the second computing device, the filtered motion input; and transmitting, by the first computing device and based on a comparison of the filtered motion input with the one or more frequencies, one or more user commands to the application.
2. The method of claim 1, wherein detecting the tremor comprises: determining that a pattern in the obtained motion input satisfies one or more predefined threshold values comprising at least a time value, a frequency value, or a combination thereof.
9. One or more non-transitory computer readable media storing instructions that, when executed cause: receiving motion input obtained by one or more sensors; detecting, based on comparing the received motion input with the a frequency threshold, a rhythmic motion in the received motion input; and based on the determining that the rhythmic motion satisfies the frequency
threshold for at least a time duration threshold, filtering the motion input to suppress the
rhythmic motion from further input from the one or more sensors
8. A method comprising: determining, by a first computing device, a first frequency corresponding to a predefined rhythmic gesture of a valid user command used by an application; detecting, by the first computing device, a tremor in motion input obtained by one or more sensors; determining, by the first computing device, that a processing threshold has been satisfied, wherein the processing threshold is established based on the predefined rhythmic gesture occurring at a higher frequency than the detected tremor; sending, to a second computing device, a request for rhythmic filtering to suppress the detected tremor and generate a first filtered motion input; and transmitting, by the first computing device and based on a comparison of the first filtered motion input with the first frequency, at least a first command to the application.
10. The method of claim 8, wherein detecting the tremor further comprises: determining, by the first computing device, a presence of the tremor based on a frequency of a periodic pattern in the obtained motion input satisfying a predefined temporal threshold and a predefined frequency threshold.
16. A system comprising: one or more sensor devices; a computing device, wherein the computing device comprises: one or more processors; and memory storing computer readable instructions that, when executed by the one or more processors, cause first computing device to: receive, from the one or more sensors devices, motion input; detect, based on comparing the received motion input with the a frequency threshold, a rhythmic motion in the received motion input; and based on the determining that the rhythmic motion satisfies the frequency
threshold for at least a time duration threshold, filtering the motion input to suppress the
rhythmic motion from further input from the one or more sensors
1. A method comprising: detecting, by a first computing device, a tremor in motion input obtained by one or more sensors; determining, by the first computing device, whether to filter the obtained motion input, wherein the determining is based on: one or more frequencies corresponding to predefined rhythmic gestures of valid user commands used by an application, and a frequency of the detected tremor; determining, by the first computing device, that a processing threshold has been satisfied, wherein the processing threshold is established based on a frequency of a rhythmic gesture command being higher than the frequency of the detected tremor; sending, to a second computing device, a request for rhythmic filtering to suppress the detected tremor and generate a filtered motion input; receiving, from the second computing device, the filtered motion input; and transmitting, by the first computing device and based on a comparison of the filtered motion input with the one or more frequencies, one or more user commands to the application.
2. The method of claim 1, wherein detecting the tremor comprises: determining that a pattern in the obtained motion input satisfies one or more predefined threshold values comprising at least a time value, a frequency value, or a combination thereof.
Claims 1, 9 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 9,11,16, and 18 of U.S. Patent No. 11106283. Although the claims at issue are not identical, they are not patentably distinct from each other because the species covers the genus.
18649615
11106283
1(Currently Amended) A method comprising:
receiving, by a computing device, motion input obtained by one or more sensors;
detecting, based on comparing the received motion input with the a frequency threshold, a rhythmic motion in the received motion input; and based on the determining that the rhythmic motion satisfies the frequency
threshold for at least a time duration threshold, filtering the motion input to suppress the
rhythmic motion from further input from the one or more sensors
One or more non-transitory computer readable media storing instructions that, when executed cause: detecting a tremor in motion input obtained by one or more sensors; determining whether to filter the obtained motion input, wherein the determining is based on: one or more frequencies corresponding to predefined rhythmic gestures of valid user commands used by an application, and a frequency of the detected tremor; determining that a processing threshold has been satisfied, wherein the processing threshold is established based on a frequency of a rhythmic gesture command being higher than the frequency of the detected tremor; sending, to a computing device, a request for rhythmic filtering to suppress the detected tremor and generate a filtered motion input; receiving, from the computing device, the filtered motion input; and transmitting, based on a comparison of the filtered motion input with the one or more frequencies, one or more user commands to the application.
2. The one or more non-transitory computer readable media of claim 1, wherein the instructions, when executed, further cause detecting the tremor by: determining that a pattern in the obtained motion input satisfies one or more predefined threshold values comprising at least a time value, a frequency value, or a combination thereof.
9. One or more non-transitory computer readable media storing instructions that, when executed cause: receiving motion input obtained by one or more sensors; detecting, based on comparing the received motion input with the a frequency threshold, a rhythmic motion in the received motion input; and based on the determining that the rhythmic motion satisfies the frequency
threshold for at least a time duration threshold, filtering the motion input to suppress the
rhythmic motion from further input from the one or more sensors
9. One or more non-transitory computer readable media storing instructions that, when executed cause: determining a first frequency corresponding to a predefined rhythmic gesture of a valid user command used by an application; detecting a tremor in motion input obtained by one or more sensors; determining that a processing threshold has been satisfied, wherein the processing threshold is established based on the predefined rhythmic gesture occurring at a higher frequency than the detected tremor; sending, to a computing device, a request for rhythmic filtering to suppress the detected tremor and generate a first filtered motion input; and transmitting, based on a comparison of the first filtered motion input with the first frequency, at least a first command to the application.
11. The one or more non-transitory computer readable media of claim 9, wherein the instructions, when executed, further cause detecting the tremor by: determining a presence of the tremor based on a frequency of a periodic pattern in the obtained motion input satisfying a predefined temporal threshold and a predefined frequency threshold.
16. A system comprising: one or more sensor devices; a computing device, wherein the computing device comprises: one or more processors; and memory storing computer readable instructions that, when executed by the one or more processors, cause first computing device to: receive, from the one or more sensors devices, motion input; detect, based on comparing the received motion input with the a frequency threshold, a rhythmic motion in the received motion input; and based on the determining that the rhythmic motion satisfies the frequency
threshold for at least a time duration threshold, filtering the motion input to suppress the
rhythmic motion from further input from the one or more sensors
16. A system comprising: a first computing device; one or more sensor devices; and a second computing device; wherein the first computing device comprises: one or more first processors; and memory storing first computer readable instructions that, when executed by the one or more first processors, cause the first computing device to: determine a first frequency corresponding to a predefined rhythmic gesture of a valid user command used by an application; detect a tremor in motion input obtained by the one or more sensor devices; determine that a processing threshold has been satisfied, wherein the processing threshold is established based on the predefined rhythmic gesture occurring at a higher frequency than the detected tremor; and transmit, based on a comparison of a first filtered motion input with the first frequency, at least a first command to the application, and wherein the second computing device comprises: one or more second processors; and memory storing second computer readable instructions that, when executed by the one or more second processors, cause the second computing device to: receive, from the first computing device, a request for rhythmic filtering to suppress the detected tremor and generate the first filtered motion input.
18. The system of claim 16, wherein the first computer readable instructions, when executed by the one or more first processors, further cause the first computing device to detect the tremor by: determining a presence of the tremor based on a frequency of a periodic pattern in the obtained motion input satisfying a predefined temporal threshold and a predefined frequency threshold.
Claims 1, 9 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14 and 20 of U.S. Patent No. 12001611. Although the claims at issue are not identical, they are not patentably distinct from each other because the species covers the genus.
18649615
12001611
(Currently Amended) A method comprising:
receiving, by a computing device, motion input obtained by one or more sensors;
detecting, based on comparing the received motion input with the a frequency threshold, a rhythmic motion in the received motion input; and based on the determining that the rhythmic motion satisfies the frequency
threshold for at least a time duration threshold, filtering the motion input to suppress the
rhythmic motion from further input from the one or more sensors
14. A method comprising: receiving, by a computing device, motion input associated with a tracked object; based on a frequency of a rhythmic gesture being higher than a frequency of a tremor in the motion input, filtering, via a first filter, the motion input to generate filtered motion input; based on detecting residual rhythmic motion in the filtered motion input, filtering, via a second filter, the filtered motion input to suppress the residual rhythmic motion and generate a second filtered motion input; and sending, by the computing device and based on the second filtered motion input, one or more user commands to an application.
20. The method of claim 14, further comprising: detecting the tremor in the motion input based on a frequency of a periodic pattern in the motion input satisfying a temporal threshold and a frequency threshold.
9. One or more non-transitory computer readable media storing instructions that, when executed cause: receiving motion input obtained by one or more sensors; detecting, based on comparing the received motion input with the a frequency threshold, a rhythmic motion in the received motion input; and based on the determining that the rhythmic motion satisfies the frequency
threshold for at least a time duration threshold, filtering the motion input to suppress the
rhythmic motion from further input from the one or more sensors
14. A method comprising: receiving, by a computing device, motion input associated with a tracked object; based on a frequency of a rhythmic gesture being higher than a frequency of a tremor in the motion input, filtering, via a first filter, the motion input to generate filtered motion input; based on detecting residual rhythmic motion in the filtered motion input, filtering, via a second filter, the filtered motion input to suppress the residual rhythmic motion and generate a second filtered motion input; and sending, by the computing device and based on the second filtered motion input, one or more user commands to an application.
20. The method of claim 14, further comprising: detecting the tremor in the motion input based on a frequency of a periodic pattern in the motion input satisfying a temporal threshold and a frequency threshold.
16. A system comprising: one or more sensor devices; a computing device, wherein the computing device comprises: one or more processors; and memory storing computer readable instructions that, when executed by the one or more processors, cause first computing device to: receive, from the one or more sensors devices, motion input; detect, based on comparing the received motion input with the a frequency threshold, a rhythmic motion in the received motion input; and based on the determining that the rhythmic motion satisfies the frequency
threshold for at least a time duration threshold, filtering the motion input to suppress the
rhythmic motion from further input from the one or more sensors
14. A method comprising: receiving, by a computing device, motion input associated with a tracked object; based on a frequency of a rhythmic gesture being higher than a frequency of a tremor in the motion input, filtering, via a first filter, the motion input to generate filtered motion input; based on detecting residual rhythmic motion in the filtered motion input, filtering, via a second filter, the filtered motion input to suppress the residual rhythmic motion and generate a second filtered motion input; and sending, by the computing device and based on the second filtered motion input, one or more user commands to an application.
20. The method of claim 14, further comprising: detecting the tremor in the motion input based on a frequency of a periodic pattern in the motion input satisfying a temporal threshold and a frequency threshold.
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.
Claim(s) 1,4-5,8-9,12-13,16,and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sohn et al (2008/0158153), hereinafter, Sohn in view of Boyden et al (2014/0303660) hereinafter, Boyden further in view of Vonk et al (5,293,879) hereinafter, Vonk.
In regards to claim 1, Sohn teaches a method comprising:
An apparatus, method and medium converting a motion signal, which is capable of controlling the motion of the pointer according to a user's intention by removing noise using a filter for the detected motion signal of the pointer in accordance with the moving speed of the pointer. The apparatus includes, a motion detecting unit to detect a motion, a determining unit to determine a type of motion signal according to the detected motion, and a filter unit including at least one filter to convert the motion signal using a filter that corresponds to the type of motion signal, the filter being selected from among the at least one filter.(abstract)
receiving, by a computing device (fig. 1 (300)), motion input obtained by one or more sensors (fig. 1 (200)(fig. 2 (200) and [0042---045]);
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a frequency threshold [0038-0040,0050,0075] (fig. 3 (320)): ; and
detecting, based on comparing the receiving motion input with a frequency threshold, a rhythmic motion in the received motion input [0038,0070-0073]
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Sohn fails to expressly teach a time duration threshold; Examiner notes there is an implied threshold of zero in Sohn otherwise there would be no tremor to remove.
However, Boyden teaches a time duration threshold [0044].
[0044] For example, the controller 260 may select a certain frequency range or tremor component of the detected user-imparted hand tremble motion 249 for suppression based upon a criteria or other standard. For example, the controller selects a certain frequency range or tremor component to suppress. For example, the controller selects a significant frequency range or tremor component to suppress. In an embodiment, the controller includes a controller configured to stabilize the working tip 216 by activating the bending actuator 232 in a manner suppressing a dynamically selected frequency component of the tremor in the detected user-imparted hand tremble motion. For example, a user's tremor frequency range may shift or broaden after they have been working awhile. The controller is configured to change its response accordingly. For example, a surgeon may start a procedure in good shape, but tire over time, and begin shaking after 20 minutes. For example, a magnitude of tremor may increase or a frequency component may shift over time after the user 290 has been working for 15 minutes. In an embodiment, the controller is further configured to increase control or increase suppression accordingly.
It would have been obvious to one of ordinary skill in the art to modify the teachings of Sohn to further include a time duration threshold in order to find the correct filter for the right circumstances.
Sohn and Boyden fail to expressly teach based on determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold.
However, Vonk teaches determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold.(col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89).
12) In accord with the above objects, there is provided by this invention a system and method for monitoring tremors in the limb of a patient, the system having an accelerometer or like means for detecting limb movements and for generating movement signals representative thereof, and process circuitry for programmed processing of the signals with means to filter out signals outside of the frequency range of the tremor signals. The system further comprises analyzing means, preferably involving a microcontroller, for determining the half-cycle time periods of the movement signals as well as a representation of signal amplitude, and means for identifying a tremor as constituting a series of consecutive signals having a given range of time periods within a programmed range. For example, the system may look for movements having time periods within the range of about 40-170 ms, and for at least twelve consecutive such periods. Further, in a preferred embodiment, tremor amplitude information is stored, along with histogram data relating to tremor and non-tremor activity. The system comprises utilizing tremor amplitude and timing data, as well as activity data, for providing indications of patient treatment. The combination of discriminating out many of the non-tremor signals, determining the occurrence of consecutive signals within the tremor frequency range, and storage and processing of such tremor-range signals, results in a system with enhanced ability for reliably detecting movement and tremor fluctuations as seen, for example, in patients with Parkinson's disease. The invention is illustrated with an embodiment that includes external processing capabilities, such as a portable computer, but also embraces a portable device of wristwatch size, which can automatically control a dispensing unit such as an implantable pump. The invention is illustrated with respect to Parkinsonian tremors, but is equally applicable to other types of tremors.(col. 2, lines 22-59)
(5) In the logical analysis of tremor signals according to the invention, first, the period time of the incoming signal is specified to be between certain limits, e.g., about 40-170 ms. Note that these durations, representing half cycles as seen in curve (a) of FIG. 2A, correspond to frequencies of about 12 and 3 Hz respectively, i.e., a range of 3-12 Hz.
(6) In addition, a further basic step is taken, namely carrying out of a sequence analysis, to count the number of repetitions (without break) that meet the period criteria. For example, if at least twelve half-periods are uninterrupted by "rest" or "activity", these sequences are classified as tremors. Depending on the frequency of the tremor, this criterion requires an uninterrupted tremor signal somewhere between about 0.48 seconds (for a 12.5 Hz tremor) and 2.04 seconds for a 2.94 Hz tremor. (col. 4 lines 1-15)
It would have been obvious to one of ordinary skill in the art to modify the teachings of Sohn and Boyden to include determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold as taught by Vonk in order to accurately provide inputs and help decrementing between activities and reliably identifying tremors. (col. 1-2, lines 55-20).
Therefore, Sohn in view of Boyden and Vonk teaches
detecting, based on comparing the receiving motion input with a frequency threshold, a rhythmic motion in the received motion input [0073-0082] Sohn; and
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based on determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold, filtering the motion input to suppress the (fig. 9 (s910-s940) [0038,0044, 0075] Sohn) rhythmic motion from further input from the one or more sensors. (col. 4, lines 4 lines 1-20 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
In regards to claim 9, Sohn teaches one or more non-transitory computer readable media storing instructions that, when executed cause: receiving motion input obtained by one or more sensors(fig. 1 (200)(fig. 2 (200) and [0042---045]) (fig. 3 (320)): a frequency threshold; [0038-0040,0050,0075]
detecting, based on comparing the receiving motion input with a frequency threshold, a rhythmic motion in the received motion input[0069-0074]
Sohn fails to expressly teach a time duration threshold; Examiner notes there is an implied threshold of zero in Sohn otherwise there would be no tremor to remove.
However, Boyden teaches a time duration threshold [0044] Boyden.
It would have been obvious to one of ordinary skill in the art to modify the teachings of Sohn to further include a time duration threshold in order to find the correct filter for the right circumstances.
Sohn and Boyden fail to expressly teach based on determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold.
However, Vonk teaches determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold. (col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
It would have been obvious to one of ordinary skill in the art to modify the teachings of Sohn and Boyden to include determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold as taught by Vonk in order to accurately provide inputs and help decrementing between activities and reliably identifying tremors. (col. 1-2, lines 55-20).
Therefore, Sohn in view of Boyden and Vonk teaches
detecting, based on comparing the receiving motion input with a frequency threshold, a rhythmic motion in the received motion input[0073-0082] Sohn; and
based on determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold, filtering the motion input to suppress the (fig. 9 (s910-s940) [0038,0044, 0075] Sohn) rhythmic motion from further input from the one or more sensors. (col. 4, lines 4 lines 1-25 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
In regards to claim 16, Sohn teaches a system comprising: one or more sensor devices; a computing device, wherein the computing device comprises: one or more processors(fig. 1 (200)(fig. 2 (200) and [0042---045]); and memory storing computer readable instructions that, when executed by the one or more processors, cause first computing device to: receive, from the one or more sensors devices, motion input; (fig. 3 (320)): a frequency threshold; [0038-0040,0050,0075] detect, based on comparing the receiving motion input, a rhythmic motion in the received motion input [0073-0082]
Sohn fails to expressly teach a time duration threshold; Examiner notes there is an implied threshold of zero in Sohn otherwise there would be no tremor to remove.
However, Boyden teaches a time duration threshold [0044] Boyden.
It would have been obvious to one of ordinary skill in the art to modify the teachings of Sohn to further include a time duration threshold in order to find the correct filter for the right circumstances.
Sohn and Boyden fail to expressly teach based on determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold.
However, Vonk teaches determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold. (col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
It would have been obvious to one of ordinary skill in the art to modify the teachings of Sohn and Boyden to include determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold as taught by Vonk in order to accurately provide inputs and help decrementing between activities and reliably identifying tremors. (col. 1-2, lines 55-20).
Therefore, Sohn in view of Boyden and Vonk teaches
detect, based on comparing the receiving motion input with a frequency threshold a rhythmic motion in the received motion input [0073-0082] Sohn; and
based on determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold, filter the motion input to suppress the (fig. 9 (s910-s940) [0038,0044, 0075] Sohn) rhythmic motion from further input from the one or more sensors. (col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
In regards to claim 4, Sohn in view of Boyden and Vonk teaches the method of claim 1, wherein filtering the motion input to suppress the rhythmic motion comprises: determining a plurality of gesture commands comprising rhythmic attributes; and determining a filter based on frequencies associated with the plurality of gesture commands.[007-008,0036-0040,0044,0047,0057,0074-0075] (fig. 6 patterns 1-4) Sohn.
In regards to claim 5, Sohn in view of Boyden teaches method of claim 1, wherein filtering the motion input to suppress the rhythmic motion comprises the detecting the tremor comprises filtering the received motion input to preserve motion input associated with a frequency of an expected gesture (fig. 5 510-530) and fig. 6 and patterns) Sohn in view (col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
In regards to claim 8, Sohn in view of Boyden and Vonk teaches method of claim 1, wherein the received motion input comprises three-dimensional position data associated with one or more tracked objects (fig. 1 x, y, z) Boyden.
In regards to claim 12, Sohn in view of Boyden and Vonk teaches one or more non-transitory computer readable media of claim 9, wherein the instructions, when executed, further filtering the motion input to suppress the rhythmic motion comprises: determining a plurality of gesture commands comprising rhythmic attributes; and determining a filter based on frequencies associated with the plurality of gesture commands.[007-008,0036-0040,0044,0047,0057,0074-0075] (fig. 6 patterns 1-4) Sohn.
In regards to claim 13, Sohn in view of Boyden and Vonk teaches one or more non-transitory computer readable media of claim 9, wherein the instructions, when executed, further filtering the motion input to suppress the rhythmic motion by causing the filtering the received motion input to preserve motion input associated with a frequency of an expected gesture. (fig. 5 510-530) Sohn in view (col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
In regards to claim 19, Sohn in view of Boyden and Vonk teaches system of claim 16, wherein the instructions, when executed, further filtering the motion input to suppress the rhythmic motion comprises: determining a plurality of gesture commands comprising rhythmic attributes; and determining a filter based on frequencies associated with the plurality of gesture commands. [007-008,0036-0040,0044,0047,0057,0074-0075] (fig. 6 patterns 1-4) Sohn.
In regards to claim 20, Sohn in view of Boyden and Vonk teaches system of claim 16, wherein the computer readable instructions, when executed by the one or more processors further cause the computing device to filter the motion input to suppress the rhythmic motion by causing: filtering the received motion input to preserve motion input associated with a frequency of an expected gesture (fig. 5 510-530) and fig. 6 and patterns) Sohn in view (col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
In regards to claim 21, Sohn and Boyden in view of Vonk teaches (New) the method of claim 1, further comprising: setting, by the computing device, the time duration threshold based on an outer time boundary of a predetermined gesture command. (col. 4, lines 4 lines 1-25) Vonk [0044-0050] Boyden.
Claim(s) 2, 10, and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sohn et al (2008/0158153), hereinafter, Sohn in view of Boyden et al (2014/0303660) hereinafter, Boyden and Vonk further in view of Sa et al (2013/0227418) hereinafter, Sa.
In regards to claim 2, Sohn and Boyden and Vonk fail to teach the method of claim 1, further comprising: obtaining, from a second computing device, time information associated with one or more gesture commands for an application.
However, Sa teaches further comprising: obtaining, from a second computing device, information associated with one or more gesture commands for an application(gesture packages [0045-0047,0051-0052] Sa.
It would have been obvious to one of ordinary skill in the art to modify the time information teachings of Sohn and Boyden and Vonk to further include further comprising: obtaining, from a second computing device, information associated with one or more gesture commands for an application as taught by Sa in order to be suitable for a particular application [0051].
Therefore, Sohn and Boyden and Vonk and Sa teach determining, the computing device and based on the obtained time information, the time duration threshold [0045-0047,0051-0052] Sa and (col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
In regards to claim 10, Sohn and Boyden and Vonk in view of Sa, see rational of claim 2, teaches one or more non-transitory computer readable media of claim 9, wherein the instructions, when executed, further cause: obtaining, from a computing device, time information associated with one or more gesture commands for an application determining, based on the obtained time information, the time duration threshold. [0045-0047,0051-0052] Sa [0044] Boyden (col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
In regards to claim 17, Sohn and Boyden and Vonk in view of Sa, see rational of claim 2, system of claim 16, wherein the computer readable instructions, when executed by the one or more processors, further cause the computing device to: obtain, from a second computing device, time information associated with one or more gesture commands for an application determining, based on the obtained time information, the time duration threshold.. [0045-0047,0051-0052] Sa and [0044] Boyden (col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
Claim(s) 6-7 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sohn et al (2008/0158153), hereinafter, Sohn in view of Boyden et al (2014/0303660) hereinafter, Boyden and Vonk further in view of Goel et al (2015/0046886) hereinafter, Goel.
In regards to claim 6, Sohn and Boyden and Vonk fail to teach the method of claim 1, further comprising: sending, by the computing device and based on the filtered motion input, one or more commands to a second computing device.
However, Goel teaches a server (fig. 1 111) [0054] Goel).
It would have been obvious to one of ordinary skill in the art to modify the teachings of Sohn and Boyden to include server as taught by Goel in order to save on local processor resources.
Therefore, Sohn and Boyden in view of Goel teaches further comprising: sending, by the computing device and based on the filtered motion input, one or more commands to a second computing device (fig. 1 111) [0054] Goel) (fig. 9 (s910-s940) [0038,0044, 0075] Sohn) [0044] Boyden. (col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
In regards to claim 7, Sohn and Boyden and Vonk in view of Goel teaches the method of claim 6, wherein the sending the one or more commands further comprises: comparing the filtered motion input with one or more frequencies associated with the one or more commands. (fig. 1 111) [0054] Goel) (fig. 9 (s910-s940) [0038,0044, 0075] Sohn) [0044] Boyden. (col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
In regards to claim 14, Sohn and Boyden and Vonk in view of Goel, see rational of claim 6, teaches one or more non-transitory computer readable media of claim 9, wherein the instructions, when executed, further cause: sending, based on the filtered motion input, one or more commands to a second computing device. (fig. 1 111) [0054] Goel) (fig. 9 (s910-s940) [0038,0044, 0075] Sohn) [0044] Boyden (col. 4, lines 4 lines 1-5 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
In regards to claim 15, Sohn and Boyden and Vonk in view of Goel teaches one or more non-transitory computer readable media of claim 14, wherein the instructions, when executed, further cause sending the one or more commands by causing: comparing the filtered motion input with one or more frequencies associated with the one or more commands. (fig. 1 111) [0054] Goel) (fig. 9 (s910-s940) [0038,0044, 0075] Sohn) [0044] Boyden (col. 4, lines 4 lines 1-25 frequency threshold 3-12 HZ for a duration cycles about 40-170 ms) (fig. 2b 60-89) Vonk.
Allowable Subject Matter
Claims 22 and 23 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 4-10,12-17, and 19-23 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant contends:
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In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Examiner points out that the claims merely “a time duration threshold” and any frequency that is present will have “a time duration threshold”. It is implicit in Sohn that there is time duration threshold for a frequency component. It is binary in the fact that the tremor frequency is either there or it isn’t and if the tremor is there then it satisfy the time duration threshold and is removed.
In order to advance prosecution. Examiner has expressly recited Boyden which has an express time duration threshold for example in [0044]. Boyden acknowledges a user's tremor frequency range may shift or broaden after they have been working awhile. The controller is configured to change its response accordingly. For example, a surgeon may start a procedure in good shape, but tire over time, and begin shaking after 20 minutes. For example, a magnitude of tremor may increase or a frequency component may shift over time after the user 290 has been working for 15 minutes. In an embodiment, the controller is further configured to increase control or increase suppression accordingly.
Applicant contends:
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The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
As noted above, a tremor frequency in Sohn for at least any time duration will be filtered and although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
However, in order to advance prosecution Examiner has cited to Vonk which expressly ties together the frequency threshold and time threshold or based on determining that the rhythmic motion satisfies the frequency threshold for at least a time duration threshold.
Vonk states:
(5) In the logical analysis of tremor signals according to the invention, first, the period time of the incoming signal is specified to be between certain limits, e.g., about 40-170 ms. Note that these durations, representing half cycles as seen in curve (a) of FIG. 2A, correspond to frequencies of about 12 and 3 Hz respectively, i.e., a range of 3-12 Hz.
(6) In addition, a further basic step is taken, namely carrying out of a sequence analysis, to count the number of repetitions (without break) that meet the period criteria. For example, if at least twelve half-periods are uninterrupted by "rest" or "activity", these sequences are classified as tremors. Depending on the frequency of the tremor, this criterion requires an uninterrupted tremor signal somewhere between about 0.48 seconds (for a 12.5 Hz tremor) and 2.04 seconds for a 2.94 Hz tremor. (col. 4, lines 1-20)
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT SITTA whose telephone number is (571)270-1542. The examiner can normally be reached M-F 7:30-4:00.
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/GRANT SITTA/ Primary Examiner, Art Unit 2622
Prosecution Insights