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 .
DETAILED ACTION
Claims 1-9 and 23 are pending in this application and have been examined in response to application amendment filed on 08/25/2026.
CONTINUING DATA: This application is a 371 of PCT/EP2022/081123 11/08/2022
FOREIGN APPLICATIONS: EP 21306693.9 12/02/2021, EP 22305295.2 03/15/2022
Claims 20-22 and 24-25 are canceled.
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, 7 and 23 are rejected under 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains 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(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 7 and 23 recite: “wherein a temporal reference is associated to at least one reference of the list of references” There is no mention in the original specification of having the above limitation. [0010] of the specification discloses “wherein at least one temporal reference is associated to a haptic effect or to an identifier in the list of a haptic effects”. However, the disclosure in the specification is not the same as the disclosure in the claims. Thus, the limitation includes subject matter that was not described in the original specification.
If the examiner has overlooked the portion of the original specification that describes the feature of the present invention, then applicant should point it out (by page number and line number) in the response to this office action.
Applicant may obviate this rejection by canceling the claim.
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.
Claims 1, 4, 7, 20 and 23 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.
Claims 1, 4, 7, 20 and 23 recite the limitation "the list of references”. There is insufficient antecedent basis for this limitation in the claim because it is unclear if “the list of references” refers back to “a list of references of haptic effects”.
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.
Claims 1, 4, 7 and 23 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Jun et al. (US 2016/0139671 A1).
As to INDEPENDENT claim 1, Jun discloses a method comprising: generating haptic data comprising information representative of: a type of effect (fig.7D; different haptic patterns are displayed),
a library of haptic effects, wherein a haptic effect is identified by a reference and comprises information representative of values of a signal to be applied to render the haptic effect (fig.7D; a list of haptic effect is displayed, each haptic effect is identifiable by name and waveform pattern), and
a list of haptic tracks, wherein a haptic track comprises a timeline, wherein the timeline comprises a list of references of haptic effects of the library of haptic effects, and wherein a temporal reference is associated to at least one reference of the list of references (fig.7D; fig.29A; a list of haptic effect tracks is displayed, wherein each haptic pattern is represented by a strength over time graph and each haptic effect graph is referenced and identifiable by name).
As to INDEPENDENT claim 4, Jun discloses a method for rendering haptic data comprising: obtaining haptic data comprising information representative of: a type of effect (fig.7D; different haptic patterns are displayed),
a library of haptic effects, wherein a haptic effect is identified by a reference and comprises information representative of values of a signal to be applied to render the haptic effect (fig.7D; a list of haptic effect is displayed, each haptic effect is identifiable by name and waveform pattern), and
a list of haptic tracks, wherein a haptic track comprises a timeline, wherein the timeline comprises a list of references of haptic effects of the library of haptic effects, and w wherein a temporal reference is associated to at least one reference of the list of references (fig.7D; fig.29A; a list of haptic effect tracks is displayed, wherein each haptic pattern is represented by a strength over time graph and each haptic effect graph is referenced and identifiable by name), and
providing values of the signal to haptic actuators (fig.23; haptic signal is generated).
INDEPENDENT claim 7 is a device variation of claim 4, therefore claim 7 is rejected under the same rational addressed in the rejection of claim 4 above.
Claim 20 is a non-transitory computer readable storage medium variation of claim 1, therefore claim 20 is rejected under the same rational addressed in the rejection of claim 1 above.
Claim 23 is a non-transitory computer readable storage medium variation of claim 4, therefore claim 23 is rejected under the same rational addressed in the rejection of claim 4 above.
Allowable Subject Matter
Claims 2-3, 5-6 and 8-9 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 2-3, 5-6 and 8-9 are allowable because the prior art does not expressly disclose wherein signals and time lines are grouped according to a set of frequency bands.
Response to Arguments
Applicant's arguments filed 08/25/2026 have been fully considered but they are not persuasive.
Applicant argues Jun does not disclose “a type of effect”.
In response of applicant’s argument, Jun discloses different effect types such as dented feeling and short vibration (fig.7D).
Applicant argues Jun does not disclose “a library of haptic effects”.
In response to applicant’s argument, Jun discloses a listing of different effects (fig.7D), the examiner is interpreting a list of effects as a library of effects.
Applicant argues Jun does not disclose “a list of haptic tracks, wherein a haptic track comprises a time line”.
In response to applicant’s argument, Jun discloses displaying a list of haptic effect tracks, wherein on the left-hand side of the effect types are haptic patterns represented by a strength over time graph (fig.7D, fig.29A).
Conclusion
THIS ACTION IS MADE FINAL. 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 HAOSHIAN SHIH whose telephone number is (571)270-1257. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRED EHICHIOYA can be reached at (571) 272-4034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAOSHIAN SHIH/Primary Examiner, Art Unit 2179
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