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 .
Status of Claims
This office action is in response to arguments and amendments entered on March 27, 2026 for the patent application 18/737,866 originally filed on June 7, 2024. Claims 1-9 and 11-19 are amended. Claim 20 is new. Claims 1-20 remain pending. The first office action of December 29, 2025 is fully incorporated by reference into this office action.
Specification
Applicant’s amendment to the title of the invention is acknowledged and accepted by the Examiner. Therefore, the objection to the title of the invention is withdrawn.
Drawings
Applicant’s submitted replacement drawings are acknowledged and accepted by the Examiner. Therefore, the objection to the drawings is withdrawn.
Response to Amendment
Applicant’s amendments to the claims have been noted by the Examiner.
Applicant has amended the claims to remove instances of “vibration section” that were being interpreted under 35 USC 112(f). Therefore, the claims are no longer being interpreted under 35 USC 112(f).
Applicant’s amendments are sufficient to overcome the outstanding claim objections. Accordingly, the objections to the claims are withdrawn.
The amendments to the claims are not sufficient to overcome the outstanding double patenting rejections, for reasons set forth below.
The Applicant’s amendments and arguments are sufficient to overcome the outstanding rejections under 35 USC 103. Therefore, the outstanding rejections under 35 USC 103 are withdrawn.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6, 10, and 15-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, and 11 of U.S. Patent No. 12,023,584. Although the claims at issue are not identical, they are not patentably distinct from each other, as seen in the comparison chart below:
Instant Claims
US Patent 12,023,584
1. An information processing device, comprising:
a motor configured to vibrate corresponding to reproduction of content;
[2. The information processing device according to claim 1, wherein the motor is an eccentric motor.]
a microphone configured to:
detect a sound; and
determine a sound strength of the detected sound; and
[3. The information processing device according to claim 1, wherein the sound strength of the sound detected is a sound strength of an environmental sound.]
a central processing unit (CPU) configured to:
acquire information associated with a state of a vibrator that includes the motor, wherein
the state of the vibrator indicates that the vibrator is held by a user, and
the information associated with the state of the vibrator includes a posture of the vibrator and a force of gripping the vibrator by the user;
determine a type of a sound output device that outputs a sound signal, wherein the sound signal is different from the sound detected by the microphone; and
control the motor to change a vibration strength of the motor, wherein the vibration strength of the motor is changed based on at least one of the type of the sound output device, the information associated with the state of the vibrator, or the sound strength of the sound detected by the microphone.
1. An information processing device, comprising:
an eccentric motor configured to vibrate corresponding to reproduction of content, wherein the eccentric motor is on a vibrator;
a microphone configured to detect a sound strength of an environmental sound; and
a central processing unit (CPU) configured to:
acquire information associated with a state of the vibrator, wherein
the state of the vibrator indicates that the vibrator is held by a user, and
the information associated with the state of the vibrator includes at least one of a posture of the vibrator and a force of gripping the vibrator by the user;
determine a type of a sound output device that outputs a sound signal, wherein the sound signal is different from the environmental sound; and
control the eccentric motor to change a vibration strength of the eccentric motor, wherein the vibration strength of the eccentric motor is changed based on the type of the sound output device, the information associated with the state of the vibrator, and the sound strength of the environmental sound.
4. The information processing device according to claim 1, wherein the CPU is further configured to acquire the information associated with the state of the vibrator from a plurality of sensors, and the plurality of sensors includes at least one of an acceleration sensor, an angular velocity sensor, or a pressure sensor.
It would have been obvious to include a pressure sensor to acquire the information associated with the state of the vibration section, since parent claim 1 includes the limitation “the information associated with the state of the vibration section includes… a force of gripping the vibration section by the user”
5. The information processing device according to claim 1, wherein the microphone is further configured to vibrate based on the vibration strength of the vibrator, and the CPU is further configured to control the vibrator to change the vibration strength of the motor based on a usage state of the microphone.
7. The information processing device according to claim 1, wherein the microphone is further configured to vibrate based on the vibration strength of the eccentric motor, and the CPU is further configured to control the eccentric motor to change the vibration strength of the eccentric motor based on a usage state of the microphone.
6. The information processing device according to claim 1, wherein the motor is an eccentric motor, the microphone is further configured to vibrate based on the vibration strength of the eccentric motor, and the CPU is further configured to control the eccentric motor to change the vibration strength of the eccentric motor based on a usage state of the microphone.
7. The information processing device according to claim 1, wherein the microphone is further configured to vibrate based on the vibration strength of the eccentric motor, and the CPU is further configured to control the eccentric motor to change the vibration strength of the eccentric motor based on a usage state of the microphone.
10. The information processing device according to claim 3, wherein the CPU is further configured to: determine a spatial positional relationship among a user position, a position of the microphone, and a position of a sound generating source of the environmental sound; and determine the sound strength of the environmental sound at the user position based on: the sound strength of the environmental sound at the position of the microphone, and the spatial positional relationship among the user position, the position of the microphone, and the position of the sound generating source of the environmental sound.
11. The information processing device of claim 1, wherein the microphone is further configured to detect the sound strength of the environmental sound at a position of the sound output device, and the CPU is further configured to: determine a spatial positional relationship among a user position, the position of the sound output device, and a position of a sound generating source of the environmental sound; determine a sound strength of the environmental sound at the user position based on: the sound strength of the environmental sound at the position of the sound output device, and the spatial positional relationship; and change the vibration strength of the eccentric motor based on the sound strength of the environmental sound at the user position.
Claims 15-18 disclose an information processing method having substantially the same limitations as the information processing device of claims 1-4, respectively. Therefore, claims 15-18 are rejected under Double Patenting using the same rationale.
Claims 19 discloses a non-transitory computer-readable medium having substantially the same limitations as the information processing device of claim 1. Therefore, claim 19 is rejected under Double Patenting using the same rationale.
Allowable Subject Matter
Claims 7-9 and 11-14 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.
The following is a statement of reasons for the indication of allowable subject matter:
Dependent claims 7-9 and 11-14 recite specific steps for adjusting aspects of the sound strength, vibration strength, or video of the game apparatus based on aspects of the sound output and vibration strength. None of the cited prior art references of record, alone or in combination, are found to anticipate or render obvious claims 7-9 and 11-14.
Claim 20 is allowed.
Claim 20 is allowable for reasons provided above.
Response to Arguments
The Applicant’s arguments filed on March 27, 2026 have been fully considered.
Applicant’s arguments with respect to claim rejections under 35 USC 103 have been fully considered and are persuasive. The claim rejections under 35 USC 103 have been withdrawn.
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 Stephen Alvesteffer whose telephone number is (571)272-8680. The examiner can normally be reached M-F 8:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Vasat can be reached at 571-270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SA/Examiner, Art Unit 3715
/PETER S VASAT/Supervisory Patent Examiner, Art Unit 3715
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