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 .
Response to Arguments
The previous interpretations of the claims under 35 U.S.C. § 112(f) have been withdrawn in light of the amendments to the claims (filed 04/30/2026).
The previous rejections to the claims under 35 U.S.C. §§ 112(a) and 112(b) have been withdrawn in light of the amendments to the claims (filed 04/30/2026). However, a new rejection of newly presented claims 10-11 has been raised, as presented in detail below.
The previous rejections to the claims under 35 U.S.C. §§ 102 and 103 have been withdrawn in light of the amendments to the claims (filed 04/30/2026). However, as necessitated by amendments to the claims, the claims now stand rejected under 35 U.S.C. § 103 in view of the newly cited art “Chen” and “Seki.” See new rejections of the claims under 35 U.S.C. § 103, as presented in detail below.
Applicant’s arguments with respect to dependent claims 2-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 10 is objected to because of the following informality: “an elongate member” should instead read “an elongated member.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Newly presented claims 10-11 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.
Claim 10 recites the following limitations:
“The wearable haptic device” in line 1
“the first and second haptic assemblies” in lines 1-2
Claim 11 recites the following limitations:
“The wearable haptic device” in line 1
“the first extension” in lines 1 and 3
“the first end” in line 2
“the second extension” in lines 4 and 5
“the second end” in lines 4-5
There is insufficient antecedent basis for each of these limitations in claims 10-11. For purposes of examination, Examiner is interpreting that claims 10-11 were intended to depend upon claim 9 rather than claim 1, which would overcome the presented rejection.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0021161 (hereinafter “Chen”) in view of US 2013/0082829 (hereinafter “Seki”).
Regarding Claim 1, Chen discloses a U-shaped body (figs. 1-3; par. 0036: “the curvature of the neck portion 102 from the first end 116 to the second end 118. This curvature may result in the neck portion 102 having a substantially “U” shape from the first side portion 104 to the second side portion 106”);
a transceiver configured to receive a control signal from an external device (par. 0024: “The wearable computing device 100 may include one or more input devices for receiving input. The input devices… may receive a communication signal, or the like”);
a force sensation presentation section coupled to the U-shaped body and configured to provide a haptic effect to the user wearing the force sensation presentation device (figs. 1-3: haptic output units 132A-132B making up the sensation presentation section and coupled to U-shaped body; par. 0026: “The wearable computing device 100 may also include one or more output devices for providing output data to the user. The output devices may provide… haptic feedback).
Chen discloses a general haptic effect but does not disclose a non-vibratory force sensation. However, Seki discloses a force sensation presentation section configured to provide a non-vibratory force sensation to the user (par. 0001: “a force sense presentation apparatus that presents a force sense to a user”), the force sensation presentation section comprising an actuator and a movable part that is configured to be driven by the actuator (figs. 13-15; par. 0114: “force sense presentation apparatus 300 is provided with a plurality of actuators 308 capable of transmitting power to the second movable plate 320”); and
a controller configured to control the actuator according to the received control signal (par. 0115: “plurality of actuators 308 are disposed to the main body 310 so that the both end portions of the second movable plate 320 can be pushed in the Y axis direction, and the drives thereof are controlled by the control unit 305”).
Chen and Seki are analogous arts because they both teach devices which impart haptic effects onto the user. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the particular haptic assembly of Seki as the haptic outputs of Chen in order to provide a non-vibratory force sensation to the user, which can be desirable to provide a more “instinctive force sense” to the user (Seki, par. 0004).
Regarding Claim 2, modified Chen does not explicitly disclose a rotational force. However, Seki discloses the actuator is configured to apply a rotational force to the movable part (figs. 13-15; par. 0118: “control unit 305 drives the actuators 108 and 308 so that the second movable plate 320 is also tilted clockwise about the shaft R'… the control unit 305 drives the actuators 108 and 308 so that the second movable plate 320 is also tilted counterclockwise about the shaft R'… generate a clockwise or counterclockwise moment about the X axis to the holding unit 310G of the main body 310;” par. 0103: “a rotation force (moment)”).
The combination of the haptic output device of Chen with the particular assembly and actuator of Seki described above for Claim 1 would have included this rotational force.
Regarding Claim 3, Chen modified by Seki further discloses the movable part is an elongated body comprising a first end and a second end (Seki, figs. 13-15: movable part 120 is elongated plate with top/first and bottom/second ends), and wherein the force sensation presentation section is configured such that when the first end or the second end contacts the user, the non-vibratory force sensation (see claim 1 above) is presented to the user (Seki, figs. 13-15; pars. 0113-0119: the force sense imparted onto the user comes from the elongated member pressing/impacting the user).
The combination of the haptic output device of Chen with the particular assembly and actuator of Seki described above for Claim 1 would have included this elongated movable part.
Regarding Claim 7, Chen further discloses a vibration source configured to provide a tactile sensation to the user (claim 6: “first output unit and a second output unit that each include a speaker and a vibration unit”); and
a speaker (claim 6: “first output unit and a second output unit that each include a speaker and a vibration unit”).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Seki as applied to claim 1 above, and further in view of US 2014/0180181 (hereinafter “Oepen”).
Regarding Claim 4, Chen further discloses wherein the U-shaped body comprises:
a base section comprising a first end, a second end (figs. 1, 3: first end 104 adjacent to right side of user’s neck and second end 106 adjacent to left side of user’s neck), and a curved section extending between the first end and the second end, wherein the curved section is configured to contact a back of the user's neck (fig. 3: curved portion 102 in contact with back of user’s neck),
a first extended section coupled to the first end of the base section (figs. 1-4: first end 104 extends away from base comprising curved portion 102 towards user’s chest at portion 110), and
a second extended section coupled to the second end of the base section (figs. 1-4: second end 106 extends away from base comprising curved portion 102 towards user’s chest at portion 110).
Modified Chen does not explicitly disclose the extended sections are adjustable. However, Oepen discloses the first extended section and second extended section are configured to move relative to the base to adjust a length of the U- shaped body (figs. 17-19C; par. 0149: ‘the support structure 600 can be configured to position therapy providing devices 200 according to [t]he present invention in a preferred location over a user[‘s] clavicle. The user can also adjust the positioning of the location of the therapy providing devices 200 by.. adjusting the length through the telescoping assembly 620;” par. 0153: “second arms 731 further include telescoping sections 745. The telescoping sections 745 allow the user to adjust the length of the second arms 731 to position the therapy providing units properly… allow the therapy providing units to lay flat against the user's collar bones”).
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 wearable haptic device of Chen with the adjustable extended sections of Oepen in order to impart the haptic effect at a desired location (Oepen, pars. 0149, 0153).
Regarding Claim 5, Chen modified by Oepen further discloses each of the first end and the second end of the base section comprises a hollow body portion, and wherein an arm of the first extended section is slidable within the hollow body portion of the first end to change a position of the first extended section relative to the base section, and an arm of the second extended section is slidable within the hollow body portion of the second end to change a position of the second extended section relative to the base section (Oepen, figs. 17-19C; par. 0149: ‘the support structure 600 can be configured to position therapy providing devices 200 according to [t]he present invention in a preferred location over a user[‘s] clavicle. The user can also adjust the positioning of the location of the therapy providing devices 200 by.. adjusting the length through the telescoping assembly 620;” par. 0153: “second arms 731 further include telescoping sections 745. The telescoping sections 745 allow the user to adjust the length of the second arms 731 to position the therapy providing units properly… allow the therapy providing units to lay flat against the user's collar bones;” Examiner notes the first extended section refers to the right side and the second extended section refers to the left side, and that such a telescoping mechanism requires a hollow body to slide out of or back into).
The combination of the wearable U-shaped haptic device of Chen with the adjustable length extensions of Oepen described above for Claim 4 would have included this hollow body feature.
Regarding Claim 6, Chen modified by Oepen further discloses the force sensation presentation section is included in each of the first extended section and the second extended section (Oepen, figs. 17-19C; force sensation presentation sections 200 included in first/right and second/left extension sections), and
wherein a length of the U-shaped body of the force sensation presentation device is configured to be adjusted such that the force sensation presentation section applies a force to clavicles of the user (Oepen, figs. 18-19C; par. 0153: “second arms 731 further include telescoping sections 745. The telescoping sections 745 allow the user to adjust the length of the second arms 731 to position the therapy providing units properly… allow the therapy providing units to lay flat against the user's collar bones;” par. 0180: “the therapy device includes a driver assembly, wherein the driver assembly is embodied as a speaker as shown in FIGS. 5 and 73. The speaker may be a haptic speaker… configured to provide a signal to the speaker to cause the speaker to vibrate at certain frequencies or to oscillate or translate through a range of frequencies”).
The combination of the wearable U-shaped haptic device of Chen with the adjustable length extensions of Oepen described above for Claim 4 would have included this ability to adjust the length so that the presentation section applies a force to the user’s clavicles.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Seki as applied to claim 1 above, and further in view of the previously cited art, Afshar.
Regarding Claim 8, modified Chen does not explicitly disclose receiving a control signal from game software. However, Afshar discloses the transceiver is configured to receive a control signal generated by game software (par. 0048: “the data source 518 can include, respectively, a wireless receiver, a wireless transceiver, and a wireless transmitter for communicating audio or haptic data;” 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”).
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 system comprising a haptic device which receives control signals from game software as disclosed by Afshar with the wearable haptic device of modified Chen in order to allow users to receive the haptic effects and tactile sensations while gaming, and therefore enhance the user’s interaction with the game (Afshar, pars. 0066-0067; abstract).
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Seki and Oepen.
Regarding Claim 9, Chen discloses a wearable haptic device for placement around a neck of a user (fig. 3; par. 0026: “The wearable computing device 100 may also include one or more output devices for providing output data to the user. The output devices may provide… haptic feedback;” par. 0006: “a wearable computing device designed to be worn around a neck of a user”), the haptic device comprising:
a U-shaped housing (figs. 1-3; par. 0036: “the curvature of the neck portion 102 from the first end 116 to the second end 118. This curvature may result in the neck portion 102 having a substantially “U” shape from the first side portion 104 to the second side portion 106”) comprising:
a base comprising a first end configured to sit adjacent to a right-side of a neck of the user, a second end configured to sit adjacent to a left-side of the neck (figs. 1, 3: first end 104 adjacent to right side of user’s neck and second end 106 adjacent to left side of user’s neck), and a curved portion extending between the first end and the second end, wherein the curved portion is configured to engage a backside of the neck of the user (fig. 3: curved portion 102 engaged with backside of user’s neck);
a first extension extending from the first end of the base (figs. 1-4: first end 104 extends away from base comprising curved portion 102 towards user’s chest at portion 110); and
a second extension extending from the second end of the base (figs. 1-4: second end 106 extends away from base comprising curved portion 102 towards user’s chest at portion 110);
a first haptic assembly coupled to the first extension of the U-shaped housing and configured to provide a haptic effect to a right-side of the user (figs. 1-3: haptic output unit 132A coupled to U-shaped body; par. 0026: “The wearable computing device 100 may also include one or more output devices for providing output data to the user. The output devices may provide… haptic feedback);
a second haptic assembly coupled to the second extension of the U-shaped housing and configured to apply a haptic effect to a left-side of the user (figs. 1-3: haptic output unit 132B coupled to U-shaped body; par. 0026: “The wearable computing device 100 may also include one or more output devices for providing output data to the user. The output devices may provide… haptic feedback);
a transceiver configured to receive a control signal from an external device (par. 0024: “The wearable computing device 100 may include one or more input devices for receiving input. The input devices… may receive a communication signal, or the like”);
wherein the base, the first extension, and the second extension define a U-shape of the U- shaped housing (figs. 1-3).
Chen discloses a haptic effect but does not disclose a non-vibratory force sensation. However, Seki discloses a haptic assembly configured to provide a non-vibratory force to the user (par. 0001: “a force sense presentation apparatus that presents a force sense to a user”); and
a controller configured to selectively operate one or more of the first and second haptic assemblies in response to receiving the control signal from the transceiver (par. 0115: “plurality of actuators 308 are disposed to the main body 310 so that the both end portions of the second movable plate 320 can be pushed in the Y axis direction, and the drives thereof are controlled by the control unit 305”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the particular haptic assembly of Seki as the left and right haptic outputs of Chen in order to provide a non-vibratory force sensation to the user, which can be desirable to provide a more “instinctive force sense” to the user (Seki, par. 0004).
Chen modified by Seki discloses a non-vibratory force being applied to the left and right sides of a user but does not specify the clavicles. However, Oepen discloses a first haptic assembly coupled to the first extension and configured to provide a haptic effect to a right-side clavicle of the user (Oepen, figs. 18-19C; par. 0153: “second arms 731 further include telescoping sections 745. The telescoping sections 745 allow the user to adjust the length of the second arms 731 to position the therapy providing units properly… allow the therapy providing units to lay flat against the user's collar bones;” par. 0180: “the therapy device includes a driver assembly, wherein the driver assembly is embodied as a speaker as shown in FIGS. 5 and 73. The speaker may be a haptic speaker… configured to provide a signal to the speaker to cause the speaker to vibrate at certain frequencies or to oscillate or translate through a range of frequencies”); and
a second haptic assembly coupled to the second extension and configured to apply a haptic effect to a left-side clavicle of the user (Oepen, figs. 18-19C; par. 0153: “second arms 731 further include telescoping sections 745. The telescoping sections 745 allow the user to adjust the length of the second arms 731 to position the therapy providing units properly… allow the therapy providing units to lay flat against the user's collar bones;” par. 0180: “the therapy device includes a driver assembly, wherein the driver assembly is embodied as a speaker as shown in FIGS. 5 and 73. The speaker may be a haptic speaker… configured to provide a signal to the speaker to cause the speaker to vibrate at certain frequencies or to oscillate or translate through a range of frequencies”).
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 effect being applied to the user’s clavicles as disclosed by Oepen with the wearable U-shaped non-vibratory haptic device of Chen modified by Seki because dermal bones (such as the clavicles) are known to be uniquely effective locations for receiving haptic effects/sounds (Seki, par. 0087).
Regarding Claim 10, Examiner first reiterates that claim 10 is being interpreted to depend upon claim 9 rather than claim 1.
Chen modified by Seki further discloses each of the first and second haptic assemblies (see claim 9 for combination of the two haptic output spots of Chen with the particular haptic assembly of Seki) comprise an actuator and an elongated member rotatably coupled to the actuator (Seki, figs. 13-15; par. 0114: “force sense presentation apparatus 300 is provided with a plurality of actuators 308 capable of transmitting power to the second movable plate 320”) and configured to deliver one or more of a pressing force and an impact force (Seki, figs. 13-15; pars. 0113-0119: the force sense imparted onto the user comes from the elongated member pressing/impacting the holding unit).
The combination of the wearable device comprising two haptic outputs of Chen with the particular haptic assemblies of Seki described above for Claim 9 would have included the actuator and elongated member.
Regarding Claim 11, Examiner first reiterates that claim 11 is being interpreted to depend upon claim 9 rather than claim 1.
Chen modified by Oepen further discloses the first extension comprises an arm slidably received in a bore of the first end and configured to be moved within the bore to adjust a length of the first extension relative to the base, and wherein the second extension comprises an arm slidably received in a bore of the second end and configured to be moved within the bore to adjust a length of the second extension relative to the base (Oepen, figs. 17-19C; par. 0149: ‘the support structure 600 can be configured to position therapy providing devices 200 according to [t]he present invention in a preferred location over a user[‘s] clavicle. The user can also adjust the positioning of the location of the therapy providing devices 200 by.. adjusting the length through the telescoping assembly 620;” par. 0153: “second arms 731 further include telescoping sections 745. The telescoping sections 745 allow the user to adjust the length of the second arms 731 to position the therapy providing units properly… allow the therapy providing units to lay flat against the user's collar bones;” Examiner notes the first bore/extended section refers to the right side and the second bore/extended section refers to the left side, and that such a telescoping mechanism requires a bore for the extendable part to slide out of or back into).
The combination of the wearable haptic device of Chen with the application of a haptic effect to a user’s clavicle as disclosed by Oepen described above for Claim 9 would have included this slidable extension mechanism.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2019/0377412 (Parastegari) teaches a wearable haptic device with actuators which impart force sensations onto the user.
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.
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/J.G.D./Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715
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