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 Rejections - 35 USC § 102
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.
(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.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Skaff et al., US PG Pub 2012/0190453 A1., (hereafter Skaff).
Regarding claim 1 where it is disclosed by Skaff to have a system and method for online interactive experience with a robotic toy as described in at least the abstract. This is read upon by applicants claims to, “A method for controlling a robot [at least figures 2 & 5], comprising, at a user device [at least paragraph 0020 where they cite, “The interactive apparatus 102 is generally an object configured for entertaining, educating, or socializing with the user 106 through the user's interaction with the interactive apparatus 102. The interactive apparatus 102 may be, but is not limited to, toys such as robots, dolls, vehicles, play sets, and board games.”]:" determining a set of control instructions based on a first programming input from a series of programming inputs [at least paragraph 34, where it is cited, “the interactive apparatus 102 may be an interactive toy robot. The toy robot may prompt the user 106 to execute a selected "mission" stored in its memory having one or more gaming objectives. Alternatively, the user 106 may provide instructions to the toy robot while playing with the interactive apparatus 102 based on the imagination of the user 106. The user 106 provides input commands through I/O device 214 to activate actuators 216 and control the robot's actions.”]; sending the set of control instructions to the robot [at least paragraph 0034], wherein the robot executes the set of control instructions [at least paragraphs 0030-0038]; " receiving a set of sensor data from the robot [at least paragraphs 0030-0038, “…The toy robot also detects nearby objects and communicates with nearby toys using sensors 218, such as proximity sensors, infrared sensors and the like. The toy robot determines whether the inputted actions as instructed by the user 106 and the detected sensor data are sufficient to complete the gaming objective…”], wherein the set of sensor data is recorded while the robot executes the set of control instructions [at least paragraphs 0030-0038, “…The toy robot generates log data based on the interactions with the user 106, including the button presses, sensor data, inventory changes and determined objective completion which is stored in the storage 212.”]; and determining a second set of control instructions based on a second programming input from the series of programming inputs and the set of sensor data [at least paragraphs 0030-0038, see at least, “[0035] In another example, the interactive apparatus 102 may be an interactive doll. The user 106 plays with the interactive doll by directly manipulating the interactive doll and contacting the sensors 218 of the interactive doll. For instance, the interactive doll may activate audio clips of a hungry baby in response to having an apparatus state 222 indicating "hunger". The user 106 may contact a sensor located near the mouth of the interactive doll with a bottle to signify "feeding" of the doll. The interactive doll detects the presence of the bottle and records the detection event in one or more event records 224. The interactive doll further updates the apparatus state 222 to reflect that the interactive doll has been "fed" and is no longer "hungry". The interactive doll may respond to being "fed" with a sound signifying contentment. In response to the change in apparatus state 222, the interactive doll may cease behavior, such as audio clips and/or actuators movements, that denote hunger, and/or start behavior that indicates happiness by using the actuators 216 and/or I/O devices 214. The interactive doll records the change in apparatus state 222 in the event records 224.”].”
Regarding claim 2 where it is disclosed by Skaff in at least paragraphs 0056 & 0058-0060, to have in part, “[0058] Similarly, the user 106 may independently interact with the virtual doll character form of the virtual avatar 322 in the interactive application 104 during an "online" experience. Data generated based on the game play of the user 106 with the interactive application 104 such as described above may be downloaded to the interactive apparatus 102 to modify operation of the toy doll. In the example above, during the offline experience with the interactive application 104, hunger of the virtual avatar 322 was satisfied by feeding. Data downloaded from the interactive application 104 to the interactive apparatus 102 would then change the apparatus state 222 of the interactive apparatus 102 so that the toy doll would not indicate to the user that the toy doll was hungry for a time period commensurate with the amount the virtual doll character was feed during the online experience.”
Which is read upon by applicants claim to, “the robot executes the set of control instructions within a threshold time period after receiving the set of control instructions.”
Regarding claim 3 where it is disclosed by Skaff in at least paragraphs 0059-0061 to have in part, “the interactive apparatus 102 is an interactive board game, the interactive board game updates the apparatus state 222 to reflect that the actions taken by user 106 during play and records changes to the apparatus state 222 in one or more event records 224 representing such. The event records 224 may be uploaded to the interactive application 104 when connected with the interactive apparatus 102. In this example, the interactive application 104 may be a computer video game application that provides a virtual game board corresponding to the physical game board of the interactive apparatus 102. The interactive application 104 receives the event records 224 and updates the virtual game board to reflect that the actions of the user 106 with the physical game board. Further, the interactive application 104 may notify other players communicating with the interactive application 104 in a current game session of changes performed on the physical game board. As such, embodiments advantageously permit a user experience with a physical game board that may be coordinated with a virtual game board accessible to other players over a distributed data network, such as the Internet. In the example above, during the offline experience with the interactive apparatus 102, "magic" was obtained by landing on a position of the board game. Data uploaded to the interactive application 104 from the interactive apparatus 102 would then change the virtual state 324 of the interactive application 104 with magic corresponding to with that which was gained during the offline experience. The user 106 would then be able to use the magic obtained in the offline experience during play with the interactive application 104.”
This is read upon by applicants claim to, “at the user device, verifying execution of the set of control instructions before sending the second set of control instructions to the robot.”
Regarding claim 4 where it is disclosed by Skaff in at least paragraphs 0032-0037 & 0062 to have, “execution of the set of control instructions is verified based on the set of sensor data.”
Regarding claim 5 where it is disclosed by Skaff in at least paragraphs 0059-0061 to have, “displaying a virtual representation of the robot and a physical environment adjacent to the robot within a user interface; and determining the series of programming inputs based on a user interaction with the user interface.”
Regarding claim 6 where it is disclosed by Skaff in at least paragraphs 0020-0021, 0026, 0029 & 0037-0038, to have, “the user interaction with the user interface comprises a user-input virtual driving path.” Where the path can be the location and position of the vehicle that the user interacts with.
Regarding claim 7 where it is disclosed by Skaff in at least paragraphs 0009, 0011, 0031-0033 & 0037-0038, to have, “determining control instructions additionally comprises using conditional events associated with the virtual driving path.”
Regarding claim 8 where it is disclosed by Skaff in at least paragraphs 0032, 0034-0035 & 0037-0038, to have, “the second programming input is received from a user after the set of control instructions is determined.”
Regarding claim 9 where it is disclosed by Skaff in at least paragraph 0059 where the system can update the position of the toys current position from the interactive toy to the online portion of the game thus would be in real-time. This is read upon by applicants claim to, “the set of sensor data comprises a real-time data stream.”
Regarding claim 10 where it is disclosed by Skaff to have their system use the toys motion and location and data from the sensors to allow the system to update and program the virtual portion of the system which has been interpreted to mean that the system use blocks to program the system when the user interacts with the toy/robot, see at least paragraphs 0037, 0046 & 0074-0075. This is read upon by applicants claim to, “the series of programming inputs comprises a set of virtual blocks, each representing a robot action.”
Regarding claim 11 where it is disclosed by Skaff to have, “A method for controlling a toy robot [t least paragraphs 0036-0037], comprising, at the toy robot [at least paragraphs 0036-0037, where they cite a toy doll/robot which the user interacts with]: sampling a first set of measurements during operation [at least paragraphs 0036, 0037, 0027, 0031 & 0063]; transmitting the first set of measurements to a user device [at least paragraphs 0036, 0037, 0027, 0031 & 0063], wherein the user device determines a first set of control instructions based on the first set of measurements and a programing input from a series of programming inputs stored on the user device [at least paragraphs 0030-0038]; receiving the first set of control instructions from the user device [at least paragraphs 0030-0038]; executing the first set of control instructions [at least paragraphs 0030-0038]; and removing the first set of control instructions from memory after executing the first set of control instructions [at least paragraphs 0030-0038].”
Regarding claim 12 where it is disclosed by Skaff in at least paragraphs 0029 & 0046 to have predefined control actions that occur when the toy is interacted with. This is read upon by applicants claim to, “at the toy robot: storing a default set of control instructions; and executing the default set of control instructions while operating in a standby mode, wherein executing based on the first set of control instructions is performed in a remote control mode.” Where it is cited by Skaff to have, “The apparatus state 222 may include one or more pre-defined behaviors for operating the interactive apparatus 102, such as pre-defined sequences of movements, lights, and/or sound.”
Regarding claim 13 where it is disclosed by Skaff in at least paragraph 0048 to have, “[0048] In one embodiment, the interactive application 104 may map a virtual avatar 322 to an interactive apparatus 102 of the user 106 to link the online experience of the virtual avatar 322 with the offline experience of the interactive apparatus 102. The interactive application 104 may be configured to create and store multiple such mappings for the user 106 that associate virtual avatars 322 to interactive apparatuses 102 owned by the user 106 in a one-to-one manner. The interactive application 104 and interactive apparatus 102 may be configured to exchange information data regarding linked virtual avatars 322 and interactive apparatuses 102 that may be used to modify the operations thereof. In one embodiment, the communication system 206 of the interactive apparatus 102 is configured to communicate with the interactive application 104 to provide apparatus state 222, event records 224, and other information data of the interactive apparatus 102. In one embodiment, the communication system 206 is configured to download data such as computer code and/or information data from the interactive application 104 and store the downloaded data 226 in storage 212. The computer code of the downloaded data 226 provides the interactive apparatus 102 with updated instructions and/or application logic for operating the interactive apparatus 102. The downloaded data 226 may also provide the interactive apparatus 102 with updated instructions and/or application logic for operating the accessory 240 which may be provided to the accessory 240 from interactive apparatus 102 when connected thereto. The apparatus controller 220 may execute the computer code of the downloaded data 226 to modify the apparatus state 222 and/or modify the behavior of the interactive apparatus 102 so as to affect at least one of actuation, sensing, user input, information output, and communication with other similar interactive apparatuses 102.”
This is read upon by applicants claim to, “at the toy robot, switching from the standby mode to the remote control mode responsive to wireless connection with the user device.”
Regarding claim 14 where it is disclosed by Skaff in at least paragraph 0048 to have their system, “…The computer code of the downloaded data 226 provides the interactive apparatus 102 with updated instructions and/or application logic for operating the interactive apparatus 102. The downloaded data 226 may also provide the interactive apparatus 102 with updated instructions and/or application logic for operating the accessory 240 which may be provided to the accessory 240 from interactive apparatus 102 when connected thereto. The apparatus controller 220 may execute the computer code of the downloaded data 226 to modify the apparatus state 222 and/or modify the behavior of the interactive apparatus 102 so as to affect at least one of actuation, sensing, user input, information output, and communication with other similar interactive apparatuses 102.”
This is read upon by applicants claim to, “the first set of control instructions are removed from memory during robot operation.”
Regarding claim 15 where it is disclosed by Skaff in at least paragraphs 003-0038 to have their system also, “recording a second set of measurements; and transmitting the second set of measurements to the user device, wherein the user device determines a second set of control instructions based on the second set of measurements.”
Regarding claim 16 where it is disclosed by Skaff in at least paragraphs 0026, 0028, 0031, 0034 & 0035, where they disclose having, “the toy robot comprises an actuator, wherein executing the first set of control instructions comprises actuating the actuator.”
Allowable Subject Matter
Claims 17-20 are allowed.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,053,883. Although the claims at issue are not identical, they are not patentably distinct from each other because:
The current applicant claims, “A method for controlling a robot, comprising, at a user device:" determining a set of control instructions based on a first programming input from a series of programming inputs; " sending the set of control instructions to the robot, wherein the robot executes the set of control instructions; " receiving a set of sensor data from the robot, wherein the set of sensor data is recorded while the robot executes the set of control instructions; and " determining a second set of control instructions based on a second programming input from the series of programming inputs and the set of sensor data.”
This is encompassed in claim 1 of patent 12,053,883, “A method for controlling a toy robot, the method comprising:- at a user device:- receiving a set of inputs from a user, wherein the set of inputs comprise a set of positions defining a virtual control path within a virtual space and an auxiliary robot action associated with the set of positions; . generating a first set of control instructions for the toy robot based on an input of the set of inputs, wherein generating the first set of control instructions comprises:" generating a first control instruction of the first set of control instructions for the toy robot to move within a physical space along a physical path corresponding to the set of positions; and " generating a second control instruction of the first set of control instructions for the robot to perform the auxiliary robot action at a point on the physical path corresponding to a point on the virtual control path; - sending the first set of control instructions to the toy robot, wherein the toy robot executes the first set of control instructions while sampling a set of sensor measurements; . receiving the set of sensor measurements from the toy robot;- generating a second set of control instructions based on the set of sensor measurements and the sequence of inputs; and - sending the second set of control instructions to the toy robot, wherein the toy robot executes the second set of control instructions at the toy robot.”
Due to the current application being encompassed by the patented claims and even though the patented claim include a “toy robot” instead of a robot as in the current application. It would have been obvious to one of ordinary skill in the art to have either a toy or a robotic toy which are similar to each other and would work equally as well in either invention without any undue experimentation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BHAVESH V AMIN whose telephone number is (571)270-3255. The examiner can normally be reached M-Thur, 8-6:30, EST.
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BHAVESH V. AMIN
Primary Examiner
Art Unit 3657
/BHAVESH V AMIN/Primary Examiner, Art Unit 3657
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