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 .
Claims 1-20 are pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 05/16/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1, 3-7, 13 and 16-19 are objected to because of the following informalities:
Claim 1 line 8, “the electrical pulses” should be –the sequence of time-varying electrical pulses--. Multiple instances in claim 1 and claims 3-7, 13 and 16-19.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7, 10-14 and 16-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Cheatham (US 20150153144 A1).
Regarding claim 1, Cheathem teaches an apparatus (abstract, electroshock device) comprising:
an electrical pulse generator (i.e. Circuit 34, fig.4) configured to generate a sequence of time- varying electrical pulses ([0023], an oscillator for fluctuating the electrical discharge to produce a specific pulse pattern of electricity);
a delivery mechanism (e.g. electrodes 18 and 20, wires 22-24, figs.1A-4) configured to apply the sequence of time- varying electrical pulses to a body of a human target ([0022], are attached or adhered to the biological target, an electric current may be sent or transmitted from circuit 34 through wires 22 and 24);
a sensor (i.e. sensor assembly 40, figs.1A-4) configured to detect a biometric state ([0026], used to monitor one or more physiological conditions) of the body of the human target ([0026], of the target); and
an adaptive adjustment circuit (e.g. circuit comprising controller 90, fig.4) configured to adjust the sequence of time- varying electrical pulses from the electrical pulse generator ([0027], controller 90 is programmed or otherwise configured to … modulate the electrical discharge) responsive to the detected biometric state ([0027], use or interpret the signals received from the device sensors) to maintain a desired level of applied tetanization energy to the body of the human target ([0028], controller 90 may automatically increase the intensity, increase a pulse repetition frequency, or lengthen the duration of the electrical discharge to increase the likelihood of temporarily incapacitating the target).
Regarding claim 2, Cheatham teaches the apparatus of claim 1, wherein the delivery mechanism comprises at least one conductive electrode configured to contact the body of the human target ([0022], When electrodes 18 and 20 are attached or adhered to the biological target, an electric current may be sent or transmitted from circuit 34 through wires 22 and 24 and an electrical discharge may be delivered to the target by electrodes 18 and 20).
Regarding claim 3, Cheatham teaches the apparatus of claim 1, wherein the sensor is configured to contact the body of the human target by delivery thereto by the delivery mechanism ([0026], sensor assembly 40 is coupled to electrodes 18 and 20 such that sensor assembly 40 is launched or projected from housing 16 with electrodes 18 and 20 in order to attach to the target), and wherein the adaptive adjustment circuit adjusts the sequence of time- varying electrical pulses responsive operation of the sensor to sense a target property or a target response of the body of the human target ([0026], sensor assembly 40 (e.g., sensors, detectors, monitors, etc.), which may also be used to monitor one or more physiological conditions).
Regarding claim 4, Cheatham teaches the apparatus of claim 3, wherein the sensor senses at least a selected one of impedance, intramuscular pressure ([0032], frequency response of the target's motion to determine whether the target is experiencing an involuntary muscular response to the electrical discharge), contraction force, contraction rate ([0029], detect or monitor electrical activity produced by muscles of the biological target by electromyography (EMG)), frequency response, amplitude response ([0028], signs of fibrillation are detected, the target is relatively small … purposeful movement is detected after a delivered electrical discharge, the target is relatively large), an electromagnetic field characteristic ([0030], detect or monitor electrical activity of the biological target's heart by electrocardiography (ECG)), or a blood flow rate associated with the body of the human target responsive to the application of the sequence of time- varying electrical pulses ([0027], when the electrical discharge is delivered, when a first electric pulse in a series of pulses is delivered, during a "listening period" within a series of pulses).
Regarding claim 5, Cheatham teaches the apparatus of claim 1, further comprising an in-line charge limiting circuit ([0029], controller 90 may either automatically apply an initial electrical discharge or automatically increase the intensity e.g., current) (it is necessarily true that a part of circuit comprising controller 90 acts as a charge limiting circuit) configured to monitor an amount of charge delivered to the body of the human target , wherein the adaptive adjustment circuit adjusts the sequence of time- varying electrical pulses responsive to an integration function carried out by the in-line charge limiting circuit ([0030], Electrodes 18 and 20 may also be used to monitor the heart conditions of the target during and/or after the electrical discharge is delivered in order to modulate the current or future electrical discharge).
Regarding claim 6, Cheatham teaches the apparatus of claim 5, wherein a magnitude of the electrical pulses is established responsive to the sensor ([0027], use or interpret the signals received from the device sensors to modulate the electrical discharge), and a duration of the electrical pulses is established responsive to the in-line charge limiting circuit ([0029], controller 90 may either automatically apply an initial electrical discharge or automatically increase the intensity e.g., current).
Regarding claim 7, Cheatham teaches the apparatus of claim 1, wherein the delivery mechanism comprises a high voltage power generator ([0023], electrical circuit 34 receives electricity from batteries 36 to produce or generate a high-voltage) which generates the electrical pulses using electrical energy supplied by an electrical source ([0023], electrical circuit 34 receives electricity from batteries 36).
Regarding claim 10, Cheatham teaches the apparatus of claim 1, wherein the sensor is characterized as at least one of an electrical ([0027], the device sensors (i.e., sensor assembly 40 and/or electrodes 18 and 20) are configured to send signals to a controller), optical, magnetic, piezoelectric, inductive, proximity or temperature sensor.
Regarding claim 11, Cheatham teaches the apparatus of claim 1, wherein the delivery mechanism comprises at least two electrodes (i.e. electrodes 18 and 20, figs.1A-4), wherein electrode conductive wires interconnect the at least two electrodes to the electrical pulse generator ([0020], electrodes 18 and 20 are positioned at the ends of wires 22 and 24, respectively. In this embodiment, wires 22 and 24 are conductive and also coupled to electrical circuit 34), and wherein the sensor is coupled to at least one of the at least two electrodes ([0026], sensor assembly 40 is coupled to electrodes 18 and 20).
Regarding claim 12, Cheatham teaches the apparatus of claim 11, further comprising at least one sensor conductive wire that is bundled with the electrode conductive wires to provide communication of sensor data from the sensor to the adaptive adjustment circuit ([0027], The device sensors can send one or more signals to controller 90 representing the physiological conditions monitored by electrodes 18 and 20).
Regarding claim 13, Cheatham teaches the apparatus of claim 11, wherein the sensor communicates sensor data to the adaptive adjustment circuit using the electrode conductive wires during null intervals between the electrical pulses ([0027], during a "listening period" within a series of pulses).
Regarding claim 14, Cheatham teaches the apparatus of claim 1, wherein the biometric state of the body of the human target determined by the sensor comprises an electrical characteristic ([0029], detect or monitor electrical activity produced by muscles of the biological target by electromyography (EMG)) or physiological response to the tetanization energy ([0028], signs of fibrillation are detected, the target is relatively small … purposeful movement is detected after a delivered electrical discharge, the target is relatively large) and is independent of geoposition of the human target ([0026], monitor one or more physiological conditions (e.g., a second physiological condition or indicator) of the target) (it is necessarily true that geopositioning is not used).
Regarding claim 16, the method is rejected for the same reasons as stated above for claim 1.
Regarding claim 17, the method is rejected for the same reasons as stated above for claim 3.
Regarding claim 18, the method is rejected for the same reasons as stated above for claim 4.
Regarding claim 19, the method is rejected for the same reasons as stated above for claim 5.
Regarding claim 20, the method is rejected for the same reasons as stated above for claim 10.
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.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Cheatham (US 20150153144 A1), and further in view of Philips (US 20160349019 A1).
Regarding claim 8, Cheatham teaches the apparatus of claim 1.
Cheatham does not teach, characterized as a self-contained projectile that is fired by a base unit, the self-contained projectile operative without a wired connection to the base unit.
Philips teaches in a similar field of endeavor of conducted electronic weapon, a self-contained projectile (i.e. wireless projectile 16, fig.1) that is fired by a base unit (i.e. launcher 14, fig.1), the self-contained projectile operative without a wired connection to the base unit ([0021], wireless projectile 16 is configured to detach from the launcher 14).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have optionally included the self-contained projectile that is fired by a base unit, the self-contained projectile operative without a wired connection to the base unit in Cheatham, as taught by Philips, as it provides the advantage of less lethal means of subduing a person or animal at long ranges, while reducing risk of death of the subject, increased ability to control the electrical shock after firing, small form factor and low expense.
Regarding claim 9, Cheatham and Philips teach the apparatus of claim 8, wherein the base unit is a shotgun (Philips, [0021], The launcher 14 is configured to be grasped by a user).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Cheatham (US 20150153144 A1), and further in view of Vasel (US 20090266262 A1).
Regarding claim 15, Cheatham teaches the apparatus of claim 1.
Cheatham does not teach, wherein at least the delivery mechanism is incorporated into an unmanned system (UxS) comprising one of an unmanned aerial system or an unmanned ground system.
Vasel teaches in a similar field of endeavor of non-lethal projectile systems, a delivery mechanism (column 7 lines 58-62, a device or modified weapon to launch a wireless projectile 410) is incorporated into an unmanned system (UxS) (column 7 lines 58-62, from a fixed ground location) comprising one of an unmanned aerial system or an unmanned ground system (column 7 lines 58-62, provide perimeter protection to a specific location or facility by use of a disabling electric shock).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have optionally included the delivery mechanism is incorporated into an unmanned system (UxS) comprising one of an unmanned aerial system or an unmanned ground system in Cheatham, as taught by Vasel, as it provides the advantage of less lethal means of subduing a person or animal, triggered by trip-line or remote control, within a perimeter.
Conclusion
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/SREEYA SREEVATSA/Primary Examiner, Art Unit 2838 01/22/2026