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 .
Priority
This application claims a priority of US Application No. 17,568,592, filed 01/04/22, which claims priority of US Application No. 17/346,912, filed 06/14/2021 which claims the benefit of US Provisional Application No. 63/038,236, filed 06/12/2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted is considered by the examiner.
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.
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Claims 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,061,739 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 is anticipated by claim 1 of Patent ‘739 B1, as shown below.
Instant Application
1. A system for generating tactile sensation with a stimulation device, the system comprising:
the stimulation device comprising a set of transducers; a processing subsystem in communication with the stimulation device and a tracking subsystem, wherein the processing subsystem:
receives a first set of inputs, wherein the first set of inputs comprises a first set of locations associated with virtual content;
receives a second set of inputs from the tracking subsystem, wherein the second set of inputs comprises a second set of locations associated with the user;
determines a set of virtual contact regions between the virtual content and the user based the first and second sets of locations;
a control subsystem in communication with the processing subsystem, wherein the control subsystem operates the set of transducers based on the set of virtual contact regions.
Patent No. 12,061,739 B1
1. A system for generating tactile sensation with a stimulation device, the system comprising:
the stimulation device comprising a set of ultrasonic transducers; a processing subsystem in communication with the stimulation device and a tracking subsystem, wherein the processing subsystem:
receives a first set of inputs, wherein the first set of inputs comprises a first set of locations associated with virtual content, the virtual content comprising moving virtual content, wherein the first set of locations is associated with a set of meshes defining at least a portion of the virtual content;
receives a second set of inputs from the tracking subsystem, wherein the second set of inputs comprises a second set of locations associated with the user;
determines a set of virtual contact regions between the virtual content and the user based on the first and second sets of locations; and
scales the mesh to optimize a size of the virtual content relative to an interaction volume of the stimulation device; and
a control subsystem in communication with the processing subsystem, wherein the control subsystem operates the set of ultrasonic transducers to produce mid-air ultrasonic stimulation based on the set of virtual contact regions.
As shown above, claim 1 is anticipated by claim 1 of Patent No. 739.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Birnbaum et al. (US Patent Number 8,570,296 B2, hereinafter “Birnbaum”).
(1) regarding claim 1:
As shown in fig. 1, Birnbaum disclosed a system for generating tactile sensation with a stimulation device (col. 3, lines 38-42, note that FIG. 1 is a block diagram of a haptically-enabled system 10 according to one embodiment of the present invention. Also see col. 2, lines 43-45, note that dynamic haptic effects are haptic or vibrotactile effects displayed on haptic devices to represent a change in state of a given input signal), the system comprising:
the stimulation device comprising a set of transducers (col. 6, lines 45-47, note that an airborne ultrasound transducer array 601 is designed to provide tactile feedback in three-dimensional (3D) free space);
a processing subsystem in communication with the stimulation device and a tracking subsystem (col. 6, lines 47-51, note that the array radiates airborne ultrasound, and produces high-fidelity pressure fields onto the user's hands without the use of gloves or mechanical attachments. The method is based on a nonlinear phenomenon of ultrasound; acoustic radiation pressure), wherein the processing subsystem:
receives a first set of inputs, wherein the first set of inputs comprises a first set of locations associated with virtual content (col. 7, lines 45-49, note that the flexible touch sensitive surface can be divided into multiple regions wherein each region of the flexible touch sensitive surface can accept an input when the region is being touched or depressed by a finger);
receives a second set of inputs from the tracking subsystem, wherein the second set of inputs comprises a second set of locations associated with the user (col. 9, lines 19-26, note that haptic substrate 705 illustrates the state when tactile regions 707 and 709 are activated. Tactile regions 707 and 709 are raised in a z-axis direction. Upon receipt of one or more activating signals, haptic substrate 705 identifies a surface pattern in accordance with the activating signals. Haptic substrate 705 provides identified pattern by activating various tactile regions such as regions 707 and 709 to generate the pattern);
determines a set of virtual contact regions between the virtual content and the user based the first and second sets of locations (col. 11, lines 42-47, note that foreground and background channels are used to distinguish the feedback within or between virtual simulations or animations. The motion of a virtual rolling ball activates a foreground haptic effect, while the virtual texture the ball is rolling on activates a background haptic effect).
Birnbaum teaches control subsystem operates the set of transducers based on the set of virtual region. (col. 3, lines 64-67, note that processor 12 outputs the control signals to drive circuit 16 which includes electronic components and circuitry used to supply actuator 18 with the required electrical current and voltage to cause the desired haptic effects. Also see col. 6, lines 16-21, note that controlled formation of an electric field between an active surface of the apparatus and the body member, such as a finger, approaching or touching it. The electric field tends to give rise to an opposite charge on the proximate finger). Birnbaum also teaches a control subsystem in communication with the processing subsystem (col. 3, lines 64-67, note that processor 12 outputs the control signals to drive circuit 16 which includes electronic components and circuitry used to supply actuator 18 with the required electrical current and voltage to cause the desired haptic effects).
Birnbaum does not specifically teach the that the control subsystem that operates the set of transducers based on the set of virtual contact regions is in communication with the processing subsystem (processor 12 of Birnbaum).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art to teach a control subsystem in communication with the processing subsystem that operates the set of transducers based on the set of virtual contact regions. The suggestion/motivation for doing so would have been in order to provide realistic feedback to create greater sensory immersion within a simulated or virtual environment (abs.). It could also allow the system of Birnbaum to be well organized and functions in proper order by having the processor 12 to be in communication with the control subsystem that operates the set of transducers based on the set of virtual contact regions. Therefore, it would have been obvious for Birnbaum to obtain the invention as specified in claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rihn (US Publication Number 2019/0204917 A1) disclosed intuitive haptic design.
Cruz-Hernandez (US Patent Number 10,366,584 B2) disclosed rendering haptics with an illusion of flexible joint movement.
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Hilina K Demeter whose telephone number is (571) 270-1676.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, King Y. Poon could be reached at (571) 270- 0728. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HILINA K DEMETER/Primary Examiner, Art Unit 2617