DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to claims in application 18/714,158 filed on 5/29/2024.
The instant application claims benefit to 371 of PCT/IB2022/061034 of 1/6/2022.
Foreign priority of IT102021000032486 with a date of 12/23/2021.
The Pre-Grant publication # 20240393077 is published on 11/28/2024.
Claims 1-19 are pending.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Patent Application Publication Number US 20100173686 A1 to Grant et al.(Grant) in view of Patent Application Publication Number US 20100227298 A1 Charles.
Claim 1. Grant reaches a training system for using a firearm, comprising:
i) a simulacrum firearm (Fig.9 element 902 like simulation controller) comprising a trigger assembly (Para 0064 user interface ) operable by a user to perform a shooting action (Para 0087 In response to the input signal received from controller, recoil device 906 may impart a haptic effect to the user, thereby generating a recoil effect to simulate a recoil of a gun ) ;
ii) a wearable device (Fig.10b) comprising at least one actuator element suitable for producing a vibratory action on the user (Fig.10b; Para 0090 providing recoil effects using a recoil device configured as a wearable body device)
iii) shooting detection means suitable for detecting an actuation of the trigger assembly (Para 0087 recoil device responds to input from controller as in Fig.9); and
iv) a command and control unit (Fig.9 element 904 computer controller) operatively connected to the simulacrum firearm (Para 0085; Fig.9 element 902 controller like ) and to the at least one actuator element so as to control the latter at least one actuator element on actuation for detecting the upon a detection of a shooting event fired by the shooting detection means (Para 0088 recoil device responds to input from controller; recoil device 906 is coupled to controller 902 and receives an input signal, such as a trigger signal, from controller 902 as in figure 9);
wherein the vibratory action produced by the at least one actuator elements of impulsive nature (Para 0032 0089 recoil device may generate haptic i.e. possibly in action of simulation recoil) , wherein the wearable device comprises a bodice wearable by the user on a torso of the user (Para 0090 recoil device may be configured as a vest to be worn around a torso of user, a backpack to be worn around a back of user, or another wearable device)
Grant teaches bodice comprising at least one actuator element and at least one another actuator element for producing a vibratory action towards each other (Fig.1 actuators; Para 0032 0089 one or more force actuators may contact a foot of user, altering the balance of user, thereby simulating a recoil effect; recoil device may generate haptic forces) but does not identify actuator elements wherein the front actuator element and the rear actuator element are being involved. Charles , however, teaches the bodice comprising at least one front actuator element and at least one rear actuator element (Fig.1 element 16 front actuator; Para 0014 actuator located on the rear of the training aid; Para 0049 a vibration from the firing pin and the firing pin striking the actuator) . Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate bodice comprising at least front actuator element and at least one rear actuator element for producing a vibratory action towards each other, as taught by Charles, to distinguish between vibratory action at different phases of occurrence
Grant teaches bodice comprising at least one actuator element producing an impulsive forces (Fig.1 actuators; Para 0032 0089 recoil device may generate haptic or possibly in action of simulation recoil) but fails to expressly disclose to be of significant value for at least one actuator element is of impulsive nature, having a rise time of less than 1 ms and a latency with respect to the actuation of the trigger assembly of less than 20 ms. However, it would have been obvious at the time of the claimed invention to provide an actuator element of impulsive nature, having a rise time of less than 1 ms and a latency with respect to the actuation of the trigger assembly of less than 20 ms, as a matter of design choice since a person of ordinary skill in the art would have found that to be not a product of any new and unexpected results, see In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate actuator element is of impulsive nature, having a rise time of less than 1 ms and a latency with respect to the actuation of the trigger assembly of less than 20 ms, as one of the actuators to be available in art.
Claim 2. Grant teaches the training system (1) according to training system (1) according to of wherein the at least one actuator element (30) has a power of about 100W RMS and a bandwidth from 10 Hz to 150 Hz.(An actuator design option available in art without any particular signification in action; Charles para 0014, 0141 headphone and replacements).
Claim 3. Grant teaches the training claim 1,wherein the bodice (350) wearable on the torso of the user comprises a plurality of front actuator elements (Fig1 elements 122 Front actuators; Para 0090 worn around a torso ) .
Claim 4. Grant teaches the training claim 1,wherein the bodice wearable on the torso of the user comprises a plurality of rear actuator elements ( Para 0031 one or more actuators; Fig1 elements 122 Front actuators; Para 0090 worn around a torso of use; Charles; rear actuator elements).
Claim 5. Grant teaches the training system claim 1,wherein the wearable device comprises a head body wearable on the user's head, e.g., a cap or a helmet ,comprising two actuator elements positioned proximal to ears of the user, respectively, to produce a vibration towards each other in a respective auditory auricle, and wherein each actuator element has a power of about 1OW RMS and a bandwidth from 150 Hz to 15000 Hz.( Charles: para 0141 headphones or sets for cap or helmet; Para 0042 adjustable power source for actuator elements to provide 1OW RMS and a bandwidth from 150 Hz to 15000 Hz ) .
Claim 6. Grant teaches the training claim 1,further comprising a training region (8) comprising a plurality of spatial sensors suitable for identify identifying and detect detecting at least one of a the position, and/or an orientation, and/or a configuration of the user inside the training region, wherein the command and control unit (9) is operatively connected to said spatial sensors so as to control [[the]] an actuation of the at least one actuator element (30) as a function of what is detected by the spatial sensors (Fig.3 element 120 spatial sensors; Para 0040/0041 monitors position and/or movement of the controller such as accelerometer to track the position/orientation of the gun and user provides sensor signals to the processor or host computer) .
Claim 7. Grant teaches the training system (1) according to of Training The training system (1) according to of wherein the training region (8) further comprises a viewer screen (89) projecting a virtual training reality, wherein the command and control unit (9) is operatively connected to the viewer screen (89), and wherein [[the]] use and actuation of the simulacrum firearm (2) is projected, in turn, into the virtual training reality (Para 0041 viewer monitoring screen).
Claim 8. Grant teaches the trainings system claim 7, wherein the command and control unit (9) is operatively connected to the viewer screen (89),wherein the actuation of the at least one actuator element (30) and [[the]] intensity and type of [[the]] vibratory signal is a function of [[the]] a detection of the plurality of spatial sensors (80) and of the virtual training reality (Para 0045 detectable means and conditions for firearm spatial detections with command and control unit and vibratory signal types etc.).
Claim 9. Grant teaches the training claim 1,wherein the trigger assembly operable by the user comprises a trigger member and an actuation member, preferably a hammer or a firing pin, wherein an actuation of the trigger member (211) results in an actuation of the actuation member (212), and wherein the simulacrum firearm (2) comprises the shooting detection means (210), which are operatively connected to the actuation member (212) for detecting the actuation thereof of the actuation member (Para 0094 firing pin actuation member trigger).
Claim 10. Grant teaches the training claim 1,wherein the simulacrum firearm (2) further comprises a firearm body (29) comprising a plurality of mountable body portions for forming the firearm body, wherein the command and control unit (9) controls an actuation of the at least one actuator element (30), and wherein the command and control unit (9) controls [[the]] intensity, [[the]] duration, [[the]] timing and [[the]] type of vibratory signal emitted by the at least one actuator elements (30) element as a function of the type of the plurality of mountable body portions ( Para 0030,0089,0133 timing chip , signal type control etc. ).
Claim 11. Grant teaches the training claim 1,wherein the simulacrum firearm further comprises firearm spatial detection means by means of which a position can be detected and/or orientation and/or configuration in the space of the simulacrum firearm (2) in the space. a movement thereof, or a position and/or orientation and/or configuration, which is tilted, of the simulacrum firearm, with respect to a ground plane, is detectable, and wherein the command and control unit (9) controls the actuation of the electro-stimulator means (3) the at least one actuator element and [[the]] intensity, [[the]] duration, [[the]] timing and [[the]] type of electrical vibratory signal emitted by the electro-stimulator means (3) the at least one actuator element as a function of what is detected by the firearm spatial detection means (Para 0040/0041 monitors position and/or movement of the controller such as accelerometer to track the position/orientation of the gun and user provides sensor signals to the processor or host computer; Para 0045 detectable means and conditions for firearm spatial detections)
Claim 12. Grant teaches the training claim 1,wherein the command and control unit (9) is configurable in a plurality of shooting operating modes, wherein a predetermined intensity, duration, timing and type of vibratory action, e.g., optionally as a function of [[the]] a calibration of the firearm to be simulated, corresponds to each shooting operating mode (Para 0045 Calibration conditions for firearm spatial detections with command and control unit and vibratory action types etc.).
Claim 13. Grant teaches the training system (1) according to of claim 12, wherein the command and control unit (9) is configurable in a single shooting operating mode or in a sequence shooting operating mode, wherein, a single shot, and therefore a single actuation of the at least one actuator element (30), or a sequence of shots, and therefore, a multiple actuation of the at least one actuator element (30) corresponds to the detection of the shooting event fired by the shooting detection means respectively ( Para 0014,0094 triggering of firearm configured for single shot operation from striking actuator).
Claim 14. Grant in combination teaches the training system claim 12, wherein the command and control unit (9) comprises a memory (99) in which a plurality of data is stored, and wherein specific data, and therefore, a specific vibratory action, corresponds to each shooting operating mode (Fig.9 902, 904 for command, control and memory units).
Claim 15. Grant teaches a training method for using a firearm, by means of a training system comprising: a simulacrum firearm comprising a trigger assembly operable by a user to perform a shooting action; a wearable device comprising at least one actuator element suitable for producing a vibratory action on the user; shooting detection means suitable for detecting an actuation of the trigger assembly; and a command and control unit operatively connected to the simulacrum firearm and to the at least one actuator element to control the at least one actuator element on actuation upon a detection of a shooting event by the shooting detection means; wherein the vibratory action produced by the at least one actuator element is of impulsive nature, having a rise time of less than 1 ms and a latency with respect to the actuation of the trigger assembly of less than 20 ms; and wherein the wearable device comprises a bodice wearable on a torso of the user, the bodice comprising at least one front actuator element and at least one rear actuator element, the front actuator element and the rear actuator element being suitable for producing a vibratory action towards each other, wherein the method comprises the steps of comprising:[[-]] detecting the shooting event fired by the shooting detection means; and[[-]] actuating the at least one actuator element (30) and producing [[a]] the vibratory signal action.
{Fig.9 element 902 like simulation controller simulacrum and a trigger assembly; Para 0064 interface operable by a user to perform a shooting action; Para 0087 In response to the input signal received from controller, recoil device 906 may impart a haptic effect to the user, thereby generating a recoil effect to simulate a recoil of a gun; Fig.10b; Para 0090 providing recoil effects using a recoil device configured as a wearable body device; Para 0087 recoil device responds to input from controller as in Fig.9 for shooting detecting and actuation of the trigger).
Grant teaches bodice comprising at least one actuator element and at least one another actuator element for producing a vibratory action towards each other (Fig.1 actuators; Para 0032 0089 one or more force actuators may contact a foot of user, altering the balance of user, thereby simulating a recoil effect; recoil device may generate haptic forces) but does not identify actuator elements wherein the front actuator element and the rear actuator element are being involved. Charles , however, teaches the bodice comprising at least one front actuator element and at least one rear actuator element (Fig.1 element 16 front actuator; Para 0014 actuator located on the rear of the training aid; Para 0049 a vibration from the firing pin and the firing pin striking the actuator) . Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate bodice comprising at least front actuator element and at least one rear actuator element for producing a vibratory action towards each other, as taught by Charles, to distinguish between vibratory action at different phases of occurrence
Grant teaches bodice comprising at least one actuator element producing an impulsive forces (Fig.1 actuators; Para 0032 0089 recoil device may generate haptic or possibly in action of simulation recoil) but fails to expressly disclose to be of significant value for at least one actuator element is of impulsive nature, having a rise time of less than 1 ms and a latency with respect to the actuation of the trigger assembly of less than 20 ms. However, it would have been obvious at the time of the claimed invention to provide an actuator element of impulsive nature, having a rise time of less than 1 ms and a latency with respect to the actuation of the trigger assembly of less than 20 ms, as a matter of design choice since a person of ordinary skill in the art would have found to do so would not produce any new and unexpected results, see In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate actuator element is of impulsive nature, having a rise time of less than 1 ms and a latency with respect to the actuation of the trigger assembly of less than 20 ms, as actuators to be available in art.
Claim 16. Grant in combination teaches training system of claim 3, wherein the front actuator elements are three or four (Grant : Fig.1 elements 122).
Claim 17. Grant in combination teaches training system of claim 4, wherein the rear actuator elements are three or four (Charles: ; Para 0014 actuator located on the rear of the training aid with design option for three or four).
Claim 18. Grant in combination teaches training system of claim 5, wherein the head body is a cap or a helmet (Charles: Para 0052 headphone for cap and helmet replacement design).
Claim 19. Grant in combination teaches training system of claim 9, wherein the actuation member is a hammer or a firing pin (Charles: Para 0014 firing pin).
Conclusion
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/S.Z/Examiner, Art Unit 3715 March 28, 2026
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715