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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“a communication section that receives a control signal” in claim 1. There does not appear to be a corresponding structure described in Applicant’s specification.
“a force sensation presentation section that presents a force sensation” in claim 1. The structure of this section is illustrated in Figure 7, and paragraphs 0006 and 0022 of Applicant's specification describe this section as a section containing “an actuator and a movable part” which is “configured such that the actuator 40 applies a rotational force to the movable part 42, brings the body of the user into indirect or direct contact with either the first end 44a or the second end 44b, and applies a force to the user to present the user with a force sensation.”
“a control section that controls the actuator” in claim 1. There does not appear to be a corresponding structure described in Applicant’s specification.
“an adjustment mechanism that is able to adjust a length” in claim 4. An exemplified structure of this mechanism is illustrated in Figures 4-5, and paragraphs 0015-0017 of Applicant’s specification describe this section as a mechanism which, for example, may “include a first adjustment section 18a and a second adjustment section 18b… The first adjustment section 18a includes an arm 20 that is fixed to the base of the first extended section 16a. The arm 20 is inserted into a cylindrical body section 22… A plurality of recesses 21a to 21f are formed continuously at equal intervals on one surface of the arm 20. A plurality of engaging protrusions 19a to 19c are formed continuously at equal intervals on a surface of the cylindrical body section 22 that is opposite the above-mentioned surface of the arm 20. The arm 20 is allowed to slide inside the cylindrical body section… The second adjustment section 18b may have the same structure as the first adjustment section 18a… It should be noted that the structure of the first adjustment section 18a illustrated in FIG. 5 is merely an example. Alternatively, the arm 20 may be fixed to the first overhang section 15a and inserted into a cylindrical body section formed in the first extended section 16a. In any case, the first adjustment section 18a may have a different structure for changing the length between the first extended section 16 and the first overhang section 15a.”
“a first adjustment mechanism… being able to change a position of the first extended section” in claim 5. An example structure of this mechanism is illustrated in Figure 5 and is described in paragraphs 0016-0017 of Applicant’s specification, as explained above.
“a second adjustment section… being able to change a position of the second extended section” in claim 5. An example structure of this mechanism is illustrated in Figure 5 and is described in paragraphs 0016-0017 of Applicant’s specification, as explained above.
“a tactile presentation section that presents a tactile sensation” in claim 7. The structure of this section is described in paragraph 0027 of Applicant’s specification as follows: “The tactile presentation sections 36 each include a voice coil motor (VCM), an eccentric motor, or other vibration devices for generating a tactile vibration”
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Specifically, the associated structure to the following limitations noted above as invoking 35 U.S.C. § 112(f) are not adequately explained in Applicant’s specification.
Regarding Claim 1, the underlying structure or components of “a communication section that receives a control signal” is not explained, and the section is merely referenced in an identical manner to its recitation in claim 1. For example, paragraph 0019 of Applicant’s specification simply reads, “The communication section 32 receives the control signal from the game console,” and no explanation for how that signal is received or otherwise describing the structure of the communication section can be found. Similarly, the underlying structure or components of “a control section that controls the actuator” is not explained either.
Claims 2-8 are rejected for depending upon claim 1.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1, each of the limitations “a communication section that receives a control signal” and “a control section that controls the actuator” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. As noted above, no structure is explicitly disclosed, and thus the scope of the claim is unclear. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 2-8 are rejected for depending on claim 1.
Further regarding Claim 3, the term “plate-like” is a relative term which renders the claim indefinite. The term “plate-like member” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. More specifically, it is unclear what degree of curvature the member could have and still be considered “plate-like.”
Further regarding Claims 4-5, as noted above, the limitations “an adjustment mechanism,” “a first adjustment section,” and “a second adjustment section” are being interpreted under 35 U.S.C. § 112(f). However, the structure described for each of these is stated to merely be an example (pars. 0016-0017), that “the first adjustment section 18a may have a different structure” (par. 0017) and that “the second adjustment section 18b may have the same structure as the first adjustment section 18a” (par. 0018). The phrase “an example of a structure” as found in paragraph 0016 renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. Additionally, the recitation that the adjustment section may have a “different structure” and that the second adjustment section “may” (and therefore, may not) have the same structure as the first section without explicitly defining any of these structures further renders the claim indefinite. See MPEP § 2173.05(d).
Further regarding Claim 7, as noted above, the limitation “a tactile presentation section that presents a tactile sensation” is being interpreted under 35 U.S.C. § 112(f) as referring to “a voice coil motor (VCM), an eccentric motor, or other vibration devices for generating a tactile vibration” (par. 0027). However, the phrase “or other vibration devices” renders the claim indefinite because the claim includes elements not actually disclosed, thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
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)(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 1-5 and 7-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2013/0318438 (hereinafter “Afshar”).
Regarding Claim 1, Afshar discloses a force sensation presentation device that is worn around a neck of a user (figs. 5, 6A-6C), the force sensation presentation device comprising:
a communication section that receives a control signal from an external device (fig. 5; par. 0048: “the vibration device 502, the processor 506, and the data source 518 can include, respectively, a wireless receiver, a wireless transceiver, and a wireless transmitter for communicating audio or haptic data”);
a force sensation presentation section that presents a force sensation to the user wearing the force sensation presentation device (fig. 5: vibrating units 522a-522b which present force sensation to user wearing the device) and includes an actuator and a movable part, the movable part being driven by the actuator (par. 0049: “The vibrators 602a and 602b… can include any suitable mechanism capable of transforming an electrical signal into vibration, such as a transducer or an off-balance rotor;” par. 0075: “The vibration devices have vibrators capable of transforming received electrical signals into mechanical movement. The mechanical movement can take the form of a vibration whose amplitude and frequency match those of the received electrical signal”); and
a control section that controls the actuator according to the received control signal (par. 0048: “The depicted processor 506 includes a housing 510 that encases the processing circuitry, such as the processing circuitry described below in reference to FIG. 19, and supports user control interfaces such as a button, switch, or dial 512. The housing 510 can attach by wire 514 to the vibration device 502 and by wire 516 to any suitable data source 518 of audio or haptic data”).
Regarding Claim 2, Afshar further discloses the actuator applies a rotational force to the movable part (par. 0049: “vibrators 602a and 602b… can include any suitable mechanism capable of transforming an electrical signal into vibration, such as… an off-balance rotor;” Examiner notes such a rotor would necessarily apply a rotational force).
Regarding Claim 3, Afshar further discloses the movable part is a plate-like member having a first end and a second end (figs. 6A-6C: plate-like vibrating units 602a and 602b with a top end and bottom end), and when the first end or the second end comes into contact with the user, a force sensation is presented to the user (fig. 5: bottom end of plate-like vibrating units 602a-602b make contact with user; par. 0075: “The vibration devices have vibrators capable of transforming received electrical signals into mechanical movement. The mechanical movement can take the form of a vibration”).
Regarding Claim 4, Afshar further discloses a main body that includes a base section (figs. 6A-6C: main body 604 including base section 608), a first extended section (figs. 6A-6C: first/left extendable section 614a), and a second extended section (figs. 6A-6C: second/right extendable section 614b), the base section having a curved section contacting a back of the user’s neck (figs. 6A-6C: curved sections 616a-616b; fig. 5: base section including curved sections contacts a user’s back, shoulders, and neck), the first extended section being connected to a first end of the base section (figs. 6A-6C: first/left section has extendible portion 614a, which is attached to 608 and 616a), the second extended section being connected to a second end of the base section (figs. 6A-6C: second/right section has extendible portion 614b, which is attached to 608 and 616b).
As explained above, the limitation “an adjustment mechanism” is being interpreted under 35 U.S.C. § 112(f) as
an adjustment mechanism that is able to adjust a length of the main body (figs. 6A-6C and 7; par. 0050: “curved harness 700 and adjustable endpiece 704 that can be used in the support structure 604… The adjustable endpiece 704 is capable of sliding in and out of the curved harness 700 to adjust a length of the curved harness 700).
Regarding Claim 5, Afshar further discloses the adjustment mechanism includes a first adjustment section and a second adjustment section (figs. 6A-6C and 7: first adjustment section 614a, 702a and second adjustment section 614b, 702b), the first adjustment section being able to change a position of the first extended section relative to the base station, the second adjustment section being able to change a position of the second extended section relative to the base station (par. 0077: “user can also adjust the positioning of the vibrators by using the adductor joint 612 to adjust the harnesses 606a and 606b laterally and the adjustable endpieces 612a and 612b to adjust the length).
Regarding Claim 7, Afshar further discloses a tactile presentation section that presents a tactile sensation to the user (fig. 5: vibrating sections 522a-522b which present tactile sensation to user; par. 0047: “an exemplary vibration system 500 for experiencing audio and haptic data. The vibration system 500 is depicted on a human body 520 having vibrator locations 522a and 522b. The vibration system 500 includes a vibration device 502”); and
a speaker (fig. 5: speakers 504a-504b; par. 0047: “vibration system 500 includes a vibration device 502, optional audio speakers 504a and 504b”).
Regarding Claim 8, Afshar further discloses the communication section receives a control signal generated by game software (par. 0053: “The housing attaches by wire 914 to the vibration device 902 and by wire 916 to any suitable source 918 of audio or haptic data, such as a… video game console;” par. 0066: “A vibration system as described above may receive electrical signals containing audio, haptic, and other data from a variety of media and devices. Example media include… video games”).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Afshar as applied to claim 4 above, and further in view of JP H0499000 (hereinafter “Yamagishi”).
Regarding Claim 6, Afshar discloses the force sensation presentation section is included in each of the first extended section (figs. 6A-6C: vibrating unit 602a) and the second extended section (figs. 6A-6C: vibrating unit 602b), and the adjustment mechanism is able to adjust the length of the main body (figs. 6A-6C and 7; par. 0050: “curved harness 700 and adjustable endpiece 704 that can be used in the support structure 604… The adjustable endpiece 704 is capable of sliding in and out of the curved harness 700 to adjust a length of the curved harness 700) such that the force sensation presentation section applies a force to a target location on the user (figs. 4A-4B; par. 0046: “vibrator location 402 disposed on a front-back coronal plane 410 of the body, inferior to a clavicle bone 408, and spaced away from a sternum 406”), but Afshar discloses this target location is slightly below the clavicle rather than the clavicle directly.
Yamagishi discloses the force sensation presentation section applies a force to clavicles of the user (p. 1: “the listener m can be vibrated efficiently from the clavicle… a urethane sheet (24) is attached to one sound emitting part of the speaker unit (23) so that vibrations are transmitted from the speaker unit (23) to the clavicles via the urethane sheet (24)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the adjustable force sensation device of Afshar with the target location of the user’s clavicle as disclosed by Yamagishi because the clavicle is known to generally protrude from the body, so choosing the clavicle as the target location for the force sensation presentation section would have been obvious since it would be more effective at receiving vibrations or other force sensations and would therefore presumably work for the largest amount of people (Yamagishi, p. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2019/0057582 (Smathers) teaches a haptic device which can be used with video games and provides vibrations to a user’s shoulders near the clavicles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIE DOSHER whose telephone number is (571) 272-4842. The examiner can normally be reached Monday - Friday, 10 a.m. - 6 p.m. ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.G.D./Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715