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 .
Terminal Disclaimer
The terminal disclaimer does not comply with 37 CFR 1.321 because: Applicant failed to check box 1 or 2, not both boxes.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-4, 10-17, 19, and 22-28 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. For the Independent claim 1 is directed to a method comprising: detecting an indication to create a customized haptic communication; displaying a field for entering sentiment information; display a plurality of haptic indicators for selection; obtaining one or more selected haptic indicators; generating a customized haptic communication as an association between the sentiment information and the selected haptic indicators; and transmitting the customized haptic communication to a second device.
Independent claim 10 similarly recites obtaining customized sentiment information, determining haptic information corresponding to a transmitting entity and customized sentiment information, formatting a digital communication, transmitting the communication, and determining identification of the transmitting entity.
Independent claim 22 similarly recites receiving a plurality of communications, determining haptic information corresponding to transmitting entities and customized sentiment information, identifying a pattern associated with aggregated customized sentiment information, formatting a communication, and transmitting the communication. This judicial exception is not integrated into a practical application because the claims do not integrate the abstract ideas into a practical application. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims do not recite: a specific improvement to haptic actuator technology; a specific improvement to computer functionality; a specific improvement to network communications; a particular machine configuration that improves device operation; a specific technological solution to a technological problem. Instead, the claims merely use generic computing devices to receive information, associate information, format information, and transmit information.
Accordingly, the claims 1-4, 10-17, 19, and 22-28 are fail to integrate the abstract idea into a practical application as to patent-ineligible subject matter under 35 U.S.C §101.
Response to Arguments
Applicant’s arguments, see Remarks, filed 4/1/2026, with respect to 35 U.S.C. §103 have been fully considered and are persuasive. The rejections of claims 1-4, 10-17, 19, and 22-28 have been withdrawn.
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 JACK K WANG whose telephone number is (571)272-1938. The examiner can normally be reached M-F 9AM - 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Zimmerman can be reached at 571-272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACK K WANG/Primary Examiner, Art Unit 2686
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