DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
The instant application having Application No. 18/893,438 of KAWASH et al. for “SYSTEM AND METHOD FOR TRACKING A PASSIVE WAND AND ACTUATING AN EFFECT BASED ON A DETECTED WAND PATH” filed on September 23, 2024 has been examined.
Drawings
Drawings Figures 1-6 submitted on September 23, 2024 are in compliance with the provisions of 37 CFR 1.121(d).
Information Disclosure Statements
The information disclosure statements (IDSs) submitted on September 23, 2024 and October 29, 2024 is being considered by the examiner.
Double Patenting Rejection
The non-statutory 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 non-statutory double patenting rejection is appropriate where the claims at issue 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); and 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 a non-statutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 8-9, 13-14 and 19-20 are non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over narrow claims 1, 7-8, 11-12, 14 and 17 of U.S. Patent No. 12,100,292 B2. The difference between the patented narrow claims 1, 7-8, 11-12, 14 and 17 and the instant broad claims 1, 8-9, 13-14 and 19-20 of the instant application are not patentably distinct from each other as set forth in the table herein below:
Instant App. No. 18/893,438:
U.S. Patent No. 12,100,292 B2:
Claim 1: A system comprising: a source of electromagnetic radiation configured to emit radiation into an active playing area; a sensing device configured to receive reflected radiation from a reflective material in the active playing area; and one or more processors configured to actuate an effect based on the reflected radiation correlating to a stored gesture.
Claim 8: The system of claim 1, wherein the one or more processors are configured to interpolate between a plurality of positions of the reflected radiation to determine whether the reflected radiation correlates to the stored gesture.
Claim 9: A method, comprising: causing a source of electromagnetic radiation to emit electromagnetic radiation into an active playing area; receiving, via a sensing device, reflected radiation from a reflective material in the active playing area; and actuating an effect based on the reflected radiation correlating to a stored gesture.
Claim 13: The method of claim 9, comprising determining that the reflected radiation correlates to the stored gesture based on a timeframe associated with the reflected radiation being less than a threshold timeframe.
Claim 14: A system, comprising: a sensing device configured to receive reflected radiation from a reflective material in an active playing area; a source of electromagnetic radiation configured to emit radiation into the active playing area; a water effect device configured to generate a first water effect and a second water effect; and one or more processors configured to: actuate the first water effect based on the reflected radiation correlating to a first stored gesture; and actuate the second water effect based on the reflected radiation correlating to a second stored gesture.
Claim 19: The system of claim 14, wherein the water effect device is positioned in the active playing area.
Claim 20: The system of claim 14, wherein the one or more processors are configured to pre-process the received reflected radiation to decrease interference received by the sensing device.
Claim 1: A system comprising: a sensing device configured to receive reflected radiation from an article when the article is disposed at a plurality of positions in an area, wherein the article comprises a material designed to filter radiation wavelengths outside of a range to predominantly reflect radiation back to a source of radiation without reflecting other radiation having the radiation wavelengths outside of the range; and a controller comprising one or more processors configured to output a control signal to an effect device that generates an effect based on the plurality of positions correlating to a stored gesture.
Claim 7: The system of claim 1, wherein the controller is configured to interpolate between the plurality of positions at a plurality of times to facilitate determining whether the plurality of positions at the plurality of times correlate to the stored gesture.
Claim 8: A method, comprising: receiving, via a sensing device, reflected radiation from an article when the article is disposed at a plurality of positions in an area; identifying a frequency of the reflected radiation; generating, via the sensing device, data based on the reflected radiation; determining, via a controller, that the plurality of positions correlates to a stored gesture based on the data; modifying, via the controller, a tolerance associated with determining whether the plurality of positions correlate to the stored gesture based on the frequency; and outputting, via the controller, a control signal to actuate an effect device that generates an effect based the plurality of positions correlating to the stored gesture.
Claim 11: The method of claim 8, comprising determining, via the controller, that the plurality of positions correlates to the stored gesture in response to determining that a timeframe corresponding the plurality of positions is less than a threshold timeframe.
Claim 12: A system, comprising: a sensing device configured to receive reflected radiation from an article when the article is disposed at a plurality of positions in an area, wherein the article comprises a material designed to filter radiation wavelengths outside of a range to predominantly reflect radiation back to a source of radiation without reflecting other radiation having the radiation wavelengths outside of the range; an effect device configured to generate a first effect, a second effect, or both; and a controller comprising one or more processors and one or more tangible, non-transitory, computer-readable media storing instructions that, when executed by the one or more processors, cause the one or more processors to: output a control signal to actuate the effect device to generate the first effect, the second effect, or both, based on the plurality of positions correlating to a first stored gesture of a plurality of stored gestures, a second stored gesture of the plurality of stored gestures, or both.
Claim 14: The system of claim 12, wherein the reflected radiation includes radiation being reflected from a retroreflective material of the article when the article is disposed at the plurality of positions in the area.
Claim 17: The system of claim 15, wherein the controller is configured to pre-process the received reflected radiation to remove interference received by the sensing device when the area is in broad daylight.
In view of the above, since the subject matters recited in the broad claims 1, 8-9, 13-14 and 19-20 of the instant application were fully disclosed in and covered by narrow claims 1, 7-8, 11-12, 14 and 17 of U.S. Patent No. 12,100,292 B2, allowing the claims 1, 8-9, 13-14 and 19-20 would result in an unjustified or improper granted of patents.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Claims 1, 9 and 14 are non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over narrow claims 1, 6 and 17 of U.S. Patent No. 11,373,516 B2. The difference between the patented narrow claims 1, 6 and 17 and the instant broad claims 1, 9 and 14 of the instant application are not patentably distinct from each other as set forth in the table herein below:
Instant App. No. 18/893,438:
U.S. Patent No. 11,373,516 B2:
Claim 1: A system comprising: a source of electromagnetic radiation configured to emit radiation into an active playing area; a sensing device configured to receive reflected radiation from a reflective material in the active playing area; and one or more processors configured to actuate 1an effect based on the reflected radiation correlating to a stored gesture.
Claim 9: A method, comprising: causing a source of electromagnetic radiation to emit electromagnetic radiation into an active playing area; receiving, via a sensing device, reflected radiation from a reflective material in the active playing area; and actuating an effect based on the reflected radiation correlating to a stored gesture.
Claim 14: A system, comprising: a sensing device configured to receive reflected radiation from a reflective material in an active playing area; a source of electromagnetic radiation configured to emit radiation into the active playing area; a water effect device configured to generate a first water effect and a second water effect; and one or more processors configured to: actuate the first water effect based on the reflected radiation correlating to a first stored gesture; and actuate the second water effect based on the reflected radiation correlating to a second stored gesture.
Claim 6: A system comprising: a source of electromagnetic radiation configured to emit electromagnetic radiation into an area; a sensing device configured to: receive reflected electromagnetic radiation from the area, wherein the reflected electromagnetic radiation includes the electromagnetic radiation being reflected from a retro-reflective material of an article from a plurality of positions of the article at a plurality of times; and generate data indicative of the plurality of positions at the plurality of times based on receiving the reflected electromagnetic radiation; and a controller comprising one or more processors and one or more tangible, non-transitory, computer-readable media storing instructions that, when executed by the one or more processors, cause the one or more processors to: analyze the data and determine whether the plurality of positions at the plurality of times correlate to a stored gesture; and output a control signal to actuate an effect in response to determining that the plurality of positions at the plurality of times correlate to the stored gesture.
Claim 1: A method, comprising: emitting electromagnetic radiation into an area via a source of electromagnetic radiation; receiving reflected electromagnetic radiation at a sensing device from a plurality of positions within the area at a plurality of times within a predetermined timeframe, the reflected electromagnetic radiation including the electromagnetic radiation being reflected from a retro-reflective material; generating data, via the sensing device, based on the reflected electromagnetic radiation, wherein the data is indicative of the plurality of positions and the plurality of times; determining, via a controller, that the plurality of positions at the plurality of times correlates to a stored gesture based on the data generated by the sensing device; and outputting a control signal from the controller to generate an effect in response to determining that the plurality of positions at the plurality of times is determined to correlate to the stored gesture.
Claim 17: A system, comprising: a source of electromagnetic radiation configured to emit electromagnetic radiation into an area; a sensing device configured to receive reflected electromagnetic radiation from the area, wherein the reflected electromagnetic radiation comprises the electromagnetic radiation reflected from a retro-reflective material of an article from a plurality of positions at a plurality of times, wherein the sensing device is configured to generate data indicative of the plurality of positions and the plurality of times based on receiving the reflected electromagnetic radiation; an effect device configured to generate a first effect, a second effect, or both; and a controller comprising one or more processors and one or more tangible, non-transitory, computer-readable media storing instructions that, when executed by the one or more processors, cause the one or more processors to: temporally segment the data; determine a portion of the temporally segmented data; determine whether the portion of the temporally segmented data corresponds to at least one gesture of a plurality of stored gestures; and output a control signal to actuate the effect device to generate the first effect, the second effect, or both, in response to determining that temporally segmented data corresponds to a first stored gesture of a plurality of stored gestures, a second stored gesture of the plurality of stored gestures, or both.
In view of the above, since the subject matters recited in the broad claims 1, 9 and 14 of the instant application were fully disclosed in and covered by narrow claims 1, 6 and 17 of U.S. Patent No. 11,373,516 B2, allowing the claims 1, 9 and 14 would result in an unjustified or improper granted of patents.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Claims 1, 9 and 14 are non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over narrow claims 1, 12 and 18 of U.S. Patent No. 10,699,557 B2. The difference between the patented narrow claims 1, 12 and 18 and the instant broad claims 1, 9 and 14 of the instant application are not patentably distinct from each other as set forth in the table herein below:
Instant App. No. 18/893,438:
U.S. Patent No. 10,699,557 B2:
Claim 1: A system comprising: a source of electromagnetic radiation configured to emit radiation into an active playing area; a sensing device configured to receive reflected radiation from a reflective material in the active playing area; and one or more processors configured to actuate 1an effect based on the reflected radiation correlating to a stored gesture.
Claim 9: A method, comprising: causing a source of electromagnetic radiation to emit electromagnetic radiation into an active playing area; receiving, via a sensing device, reflected radiation from a reflective material in the active playing area; and actuating an effect based on the reflected radiation correlating to a stored gesture.
Claim 14: A system, comprising: a sensing device configured to receive reflected radiation from a reflective material in an active playing area; a source of electromagnetic radiation configured to emit radiation into the active playing area; a water effect device configured to generate a first water effect and a second water effect; and one or more processors configured to: actuate the first water effect based on the reflected radiation correlating to a first stored gesture; and actuate the second water effect based on the reflected radiation correlating to a second stored gesture.
Claim 1: A system comprising: a source of electromagnetic radiation configured to continuously emit electromagnetic radiation into an active playing area; a sensing device configured to receive the electromagnetic radiation after being reflected from a retro-reflective material of an article positioned in the active playing area and configured to generate data based on receiving the reflected electromagnetic radiation from a series of article positions; and a controller configured to: identify the retro-reflective material based on data indicative of a plurality of detectable retro-reflective materials stored in a memory of the controller; determine whether the series of article positions correlate to a stored gesture based on the series of article positions; and output a control signal to actuate an effect when the series of article positions correlate to the stored gesture.
Claim 12: A method, comprising: emitting electromagnetic radiation into an active playing area via a source of electromagnetic radiation; receiving the electromagnetic radiation at a sensing device after being reflected from a retro-reflective material of an article positioned in the active playing area; generating data, via the sensing device, based on receiving reflected electromagnetic radiation from a series of article positions; identifying, via a controller, the retro-reflective material based on data indicative of a plurality of detectable retro-reflective materials stored in a memory of the controller; processing the data generated by the sensing device, via the controller, to determine whether the series of article positions associated with the article correlate to a stored gesture; and outputting a control signal from the controller when the series of article positions associated with the article is determined to correlate to the stored gesture.
Claim 18: A system, comprising: a source of electromagnetic radiation configured to continuously emit electromagnetic radiation into an active playing area; a sensing device configured to receive the electromagnetic radiation after being reflected from a retro-reflective material of an article positioned in the active playing area, and wherein the sensing device is configured to generate data based on receiving reflected electromagnetic radiation from a series of article positions; a controller comprising: a processing engine; a feature extraction module of the processing engine configured to extract relevant data from the data generated by the sensing device; a gesture recognition module of the processing engine configured to analyze the relevant data to determine whether the series of article positions correspond to at least one gesture of a plurality of stored gestures; and a first effect device communicatively coupled to the controller, wherein the controller is configured to actuate the first effect device to generate a first effect in response to the gesture recognition module determining that the series of article positions correspond to a first stored gesture of the plurality of stored gestures; and a second effect device communicatively coupled to the controller, wherein the controller is configured to actuate the second effect device to generate a second effect in response to the gesture recognition module determining that the series of article positions correspond to a second stored gesture of the plurality of stored gestures.
In view of the above, since the subject matters recited in the broad claims 1, 9 and 14 of the instant application were fully disclosed in and covered by narrow claims 1, 12 and 18 of U.S. Patent No. 10,699,557 B2, allowing the claims 1, 9 and 14 would result in an unjustified or improper granted of patents.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Claims 1 and 14 are non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over narrow claims 1 and 16 of U.S. Patent No. 10,380,884 B2. The difference between the patented narrow claims 1 and 16 and the instant claims 1 and 14 of the instant application are not patentably distinct from each other as set forth in the table herein below:
Instant App. No. 18/893,438:
U.S. Patent No. 10,380,884 B2:
Claim 1: A system comprising: a source of electromagnetic radiation configured to emit radiation into an active playing area; a sensing device configured to receive reflected radiation from a reflective material in the active playing area; and one or more processors configured to actuate 1an effect based on the reflected radiation correlating to a stored gesture.
Claim 14: A system, comprising: a sensing device configured to receive reflected radiation from a reflective material in an active playing area; a source of electromagnetic radiation configured to emit radiation into the active playing area; a water effect device configured to generate a first water effect and a second water effect; and one or more processors configured to: actuate the first water effect based on the reflected radiation correlating to a first stored gesture; and actuate the second water effect based on the reflected radiation correlating to a second stored gesture.
Claim 14: A system, comprising: an electromagnetic radiation emitter configured to continuously emit electromagnetic radiation into an active playing area; a sensing device configured to receive the electromagnetic radiation after being reflected from a retro-reflective material of an article positioned in the active playing area and configured to generate data based on receiving reflected electromagnetic radiation from a series of article positions; a controller; a processing engine of the controller; a feature extraction module of the processing engine configured to extract relevant data from the data generated by the sensing device; and a gesture recognition module of the processing engine configured to analyze the relevant data to determine whether the series of article positions correspond to a known gesture.
Claim 16: A system for an attraction within an amusement park for entertaining and immersing one or more guests with a magically themed experience, the system comprising: a source of electromagnetic radiation configured to flood an active playing area with electromagnetic radiation; an interactive article positioned in the active playing area and comprising a retro-reflective material, wherein the interactive article is consistent with the magically themed experience; a sensing device configured to receive the electromagnetic radiation after being reflected from the retro-reflective material of the interactive article positioned in the active playing area and configured to generate data based on receiving reflected electromagnetic radiation from a series of article positions; and a controller configured to process the data generated by the sensing device to determine whether the series of article positions correlate to a stored gesture and output a control signal to actuate an effect when the series of article positions correlate to the stored gesture, wherein the effect provides a sense of wonderment to the one or more guests by creating an illusion of magic to enhance an enjoyment of the one or more guests.
In view of the above, since the subject matters recited in the broad claims 1 and 14 of the instant application were fully disclosed in and covered by narrow claims 1 and 16 of U.S. Patent No. 10,380,884 B2, allowing the claims 1 and 14 would result in an unjustified or improper granted of patents.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Claims 1, 9 and 14 are non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1, 12 and 16 of U.S. Patent No. 10,134,267 B2. The difference between the patented claims 1, 9 and 14 and the instant claims 1, 12 and 16 of the instant application are not patentably distinct from each other as set forth in the table herein below:
Instant App. No. 18/893,438:
U.S. Patent No. 10,134,267 B2:
Claim 1: A system comprising: a source of electromagnetic radiation configured to emit radiation into an active playing area; a sensing device configured to receive reflected radiation from a reflective material in the active playing area; and one or more processors configured to actuate 1an effect based on the reflected radiation correlating to a stored gesture.
Claim 9: A method, comprising: causing a source of electromagnetic radiation to emit electromagnetic radiation into an active playing area; receiving, via a sensing device, reflected radiation from a reflective material in the active playing area; and actuating an effect based on the reflected radiation correlating to a stored gesture.
Claim 14: A system, comprising: a sensing device configured to receive reflected radiation from a reflective material in an active playing area; a source of electromagnetic radiation configured to emit radiation into the active playing area; a water effect device configured to generate a first water effect and a second water effect; and one or more processors configured to: actuate the first water effect based on the reflected radiation correlating to a first stored gesture; and actuate the second water effect based on the reflected radiation correlating to a second stored gesture.
Claim 1: A system comprising: a source of electromagnetic radiation configured to flood an active playing area with electromagnetic radiation; an article positioned in the active playing area and comprising a retro-reflective material, wherein the retro-reflective material is a solid component of the article or the retro-reflective material is a coating on the article; a sensing device configured to receive the electromagnetic radiation after being reflected from the retro-reflective material of the article positioned in the active playing area and configured to generate data based on receiving reflected electromagnetic radiation from a series of article positions, wherein the source of electromagnetic radiation and the sensing device are each in respective fixed positions; and a controller configured to process the data generated by the sensing device to determine whether the series of article positions correlate to a stored gesture and output a control signal to actuate an effect when the series of article positions correlate to the stored gesture, wherein the controller is configured to pre-process the data to remove interference received by the sensing device when the active playing area is in broad daylight.
Claim 12: A method, comprising: emitting electromagnetic radiation into an active playing area via a source of electromagnetic radiation; receiving the electromagnetic radiation at a sensing device after being reflected from a retro-reflective material of an article positioned in the active playing area; generating data, via the sensing device, based on receiving reflected electromagnetic radiation from a series of article positions; identifying, via a controller, the retro-reflective material based on data indicative of a plurality of detectable retro-reflective materials stored in a memory of the controller; processing the data generated by the sensing device, via the controller, to determine whether the series of article positions associated with the article correlate to a stored gesture; and outputting a control signal from the controller when the series of article positions associated with the article is determined to correlate to the stored gesture.
Claim 16: A system, comprising: an electromagnetic radiation emitter configured to flood an active playing area with electromagnetic radiation from a fixed position; a plurality of articles positioned in the active playing area, wherein each article of the plurality of articles comprises a retro-reflective material, and wherein the retro-reflective material is a solid component of each article of the plurality of articles, or the retro-reflective material is a coating on each article of the plurality of articles; a sensing device configured to receive the electromagnetic radiation after being reflected from the retro-reflective material of an article of the plurality of articles positioned in the active playing area and configured to generate data based on receiving reflected electromagnetic radiation from a series of positions of the plurality of articles; a controller communicatively coupled to the sensing device; a processing engine of the controller configured to pre-process the data generated by the sensing device to remove interference received by the sensing device when the active playing area is in broad daylight; a feature extraction module of the processing engine configured to extract relevant data from the data generated by the sensing device such that the controller is configured to simultaneously identify and track a respective series of positions of each article of the plurality of articles and to treat each respective series of positions as a potential gesture performed using a respective article of the plurality of articles; and a gesture recognition module of the processing engine configured to analyze the relevant data to determine whether any of the respective series of positions result in a respective gesture that adequately matches a stored gesture associated with an actuatable amusement park effect.
In view of the above, since the subject matters recited in the claims 1, 9 and 14 of the instant application were fully disclosed in and covered by claims 1, 12 and 16 of U.S. Patent No. 10,134,267 B2, allowing the claims 1, 9 and 14 would result in an unjustified or improper granted of patents.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Claim Rejections - 35 USC § 102/103
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 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.
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.
Claims 1 and 4-13 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by the Prior Art of ALAMEH et al. (U.S Publication No. 2010/0295773 A1) hereinafter “Alameh”, which is the U.S. corresponding Publication to the KOREAN Publication No. 10-2012-0019453 published on March 06, 2012 that was cited in the KOREAN Rejection Office Action Submitted by Applicant on November 07, 2023.
As to claim 1, Alameh discloses a system comprising: a source of electromagnetic radiation (transmitting infrared, described Paragraphs 0032-0035 and 0038) configured to emit radiation into an active playing area (shown in Figures 1, 3 and described in Paragraphs 0032-0035 and 0038); a sensing device configured to receive reflected radiation from a reflective material (shown in Figures 1, 3 and described in Paragraphs 0032-0035 and 0038) in the active playing area (locations of the external object, described in Paragraphs 0033-0034); and one or more processors (described in Paragraphs 0033-0034 and 0039) configured to actuate an effect based on the reflected radiation (reflected signals and Paragraphs 0032-0034 and 0038) correlating to a stored gesture (described in Paragraphs 0033-0034, 0038 and 0109, See also Paragraph 0123).
As to claim 4, Alameh’s disclosure as set forth above in claim 1, further Alameh discloses wherein the source of electromagnetic radiation is configured to continuously emit radiation in the active playing area (locations of the external object, described in Paragraph 0033, each of the photoreceivers and for each of the time periods, a corresponding measured signal is generated which is indicative of a respective amount of infrared light which originated from the phototransmitter during that time period and was reflected by the external object prior to being received by that photoreceiver. Again, the measured signals can be divided into measured signal sets, with each set in this case corresponding to a respective one of the photoreceivers and including intensity values over time (over multiple time periods). These sets can be analyzed to determine corresponding locations of the external object at multiple points in time to detect predetermined patterns of movement, and to control the electronic device accordingly , described in Paragraph 0034).
As to claim 5, Alameh’s disclosure as set forth above in claim 1, further Alameh discloses the system further comprising an effect device that is configured to actuate the effect, wherein the effect device is positioned in the active playing area (sets can be analyzed to determine corresponding locations of the external object at multiple points in time and to detect predetermined patterns of movement, because each measured signal set is able to provide information regarding whether the object is in a corresponding portion of a three dimensional space reachable by the infrared light. The electronic device can then be controlled based on the identified locations or patterns of movement, described in Paragraph 0033).
As to claim 6, Alameh’s disclosure as set forth above in claim 1, further Alameh discloses the system further comprising a plurality of effect devices (other mobile devices and even other devices, including a wide variety of devices that can utilize or benefit from directional control or control based upon the sensed presence and location of one or more external objects (e.g., televisions, kiosks, ATMs, vending machines, automobiles, etc.). Further included among the components of the electronic device 102 as shown in FIG. 1 are a video screen 106, a keypad 108 having numerous keys, and a navigation key cluster (in this case, a "five-way navigation area") 110, described in Paragraph 0036), and wherein the one or more processors are configured to: determine location information corresponding to the reflective material; and activate a subset of the plurality of effect devices based on the location information.
As to claim 7, Alameh’s disclosure as set forth above in claim 1, further Alameh discloses wherein the one or more processors are configured to actuate the effect based on the reflected radiation being within a boundary (sets can be analyzed to determine corresponding locations of the external object at multiple points in time and to detect predetermined patterns of movement, because each measured signal set is able to provide information regarding whether the object is in a corresponding portion of a three dimensional space reachable by the infrared light. The electronic device can then be controlled based on the identified locations or patterns of movement, described in Paragraph 0032).
As to claim 8, Alameh’s disclosure as set forth above in claim 1, further Alameh discloses wherein the one or more processors are configured to interpolate between a plurality of positions of the reflected radiation to determine whether the reflected radiation correlates to the stored gesture (gestures for controlling the location and/or orientation of the indicator on a display screen to be performed off to the side with respect to the sensing assembly and the display screen to allow the display screen to remain unobstructed during performance of the gestures. An offset gesture interpretation routine can operate to detect offset gestures, and can be triggered by a first specified pattern of movement of an object, described in Paragraph 0035).
As to claim 9, Alameh discloses a method, comprising: causing a source of electromagnetic radiation to emit electromagnetic radiation into an active playing area (shown in Figures 1, 3 and described in Paragraphs 0032-0035 and 0038); receiving, via a sensing device, reflected radiation from a reflective material in the active playing area (shown in Figures 1, 3 and described in Paragraphs 0032-0035 and 0039); and actuating an effect based on the reflected radiation correlating to a stored gesture (described in Paragraphs 0033-0034 and 0109, See also Paragraph 0123).
As to claim 10, Alameh’s disclosure as set forth above in claim 1, further Alameh discloses the method further comprising interpolating between a plurality of positions of the reflected radiation to determine that the reflected radiation correlates to the stored gesture (gestures for controlling the location and/or orientation of the indicator on a display screen to be performed off to the side with respect to the sensing assembly and the display screen to allow the display screen to remain unobstructed during performance of the gestures. An offset gesture interpretation routine can operate to detect offset gestures, and can be triggered by a first specified pattern of movement of an object, described in Paragraph 0035).
As to claim 11, Alameh’s disclosure as set forth above in claim 1, further Alameh discloses the method further comprising modifying a tolerance associated with determining whether the reflected radiation correlates to the stored gesture based on identification of a frequency of the reflected radiation (sets can be analyzed to determine corresponding locations of the external object at multiple points in time and to detect predetermined patterns of movement, because each measured signal set is able to provide information regarding whether the object is in a corresponding portion of a three dimensional space reachable by the infrared light. The electronic device can then be controlled based on the identified locations or patterns of movement, described in Paragraph 0032).
As to claim 12, the combination of Alameh and Weston as set forth above in claim 9, further Weston discloses the method further comprising: determining location information corresponding to the reflective material; and activating one or more effect devices based on the location information (locations of the external object, described in Paragraphs 0033 and 0034).
As to claim 13, the combination of Alameh and Weston as set forth above in claim 9, further Weston discloses the method further comprising determining that the reflected radiation correlates to the stored gesture based on a timeframe associated with the reflected radiation being less than a threshold timeframe (locations of the external object, described in Paragraph 0033, each of the photoreceivers and for each of the time periods, a corresponding measured signal is generated which is indicative of a respective amount of infrared light which originated from the phototransmitter during that time period and was reflected by the external object prior to being received by that photoreceiver. Again, the measured signals can be divided into measured signal sets, with each set in this case corresponding to a respective one of the photoreceivers and including intensity values over time (over multiple time periods). These sets can be analyzed to determine corresponding locations of the external object at multiple points in time to detect predetermined patterns of movement, and to control the electronic device accordingly , described in Paragraph 0034).
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 of this title, 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 2 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over by the Prior Art of ALAMEH et al. (U.S Publication No. 2010/0295773 A1) hereinafter “Alameh” in view of the Applicant Submitted Prior Art of WESTON et al. (U.S. Patent No. 7,896,742 B2) hereinafter “Weston”.
As to claim 2, Alameh’s disclosure as set forth above in claim 1, but Alameh does not expressly disclose wherein the one or more processors are configured to actuate the effect by activating a water fountain.
Weston disclose a system, comprising: a processor that is configured to actuate an effect by activating a water fountain (a wand-actuated play effect comprising a water fountain 440 having one or more associated water features 442 responsive to or controlled by an RF command signal transmitted by one or more wands 100. An RF receiver and associated controller, such as disclosed and described herein, can easily be placed within an associated fountain control system or panel, electronically interfacing therewith to direct or control various selected fountain features or functions. These may include, for example, on/off control of water flow, fountain lighting, special water features 442, combinations of the same or the like. In operation, one or more users 430 would waive their wands 100 in accordance with one or more specific learned motions selected by each user to achieve a desired effect (for example, fountain on, next water feature, increase/decrease water feature, change lighting intensity/color, or the like). Most preferably, each wand 100 contains internal activation circuitry, such as described herein, such that each wand may be activated by the motion induced thereon by each user and so that actuation and control of the special effect appears to be, and has the feeling to users 430 of being, created by "real" magic, shown in Figure 30 and described in Column 5, line 65 - Column 6, line 2 and Column 39, lines 23-44)
Thus, given the system of Alameh and having the teaching of Weston disclosing a processor configured to actuate the effect by activating a water fountain that is also well-known and conventional in the art, it would have been obvious to one of ordinary skill in the art at the time of effective filing date of the claimed invention to modify the system of Alameh by incorporating the teaching of Weston such that the system and method of Alameh to provide wherein the one or more processors are configured to actuate the effect by activating a water fountain, wherein one with an ordinary skilled in the art would be motivated to combine the teaching as they are both directed to using motion/gesture to control activating various effects, which is desirable feature to end user/s.
As to claim 14, Alameh discloses a system, comprising: a sensing device (shown in Figures 1, 3 and described in Paragraphs 0032-0035) configured to receive reflected radiation from a reflective material in an active playing area (shown in Figures 1, 3 and described in Paragraphs 0032-0035 and 0038); a source of electromagnetic radiation configured to emit radiation into the active playing area ((locations of the external object, described in Paragraphs 0033-0034)described in Paragraphs 0032-0035 and 0115-0118, See also Paragraph 0123).
Alameh does not expressly disclose a water effect device configured to generate a first water effect and a second water effect; and one or more processors a device one or more processors configured to: actuate the first water effect based on the reflected radiation correlating to a first stored gesture; and actuate the second water effect based on the reflected radiation correlating to a second stored gesture.
Weston disclose a system, comprising: a water effect device configured to generate a first water effect and a second water effect; and one or more processors a device one or more processors configured to: actuate the first water effect based on the reflected radiation correlating to a first stored gesture; and actuate the second water effect based on the reflected radiation correlating to a second stored gesture (a wand-actuated play effect comprising a water fountain 440 having one or more associated water features 442 responsive to or controlled by an RF command signal transmitted by one or more wands 100. An RF receiver and associated controller, such as disclosed and described herein, can easily be placed within an associated fountain control system or panel, electronically interfacing therewith to direct or control various selected fountain features or functions. These may include, for example, on/off control of water flow, fountain lighting, special water features 442, combinations of the same or the like. In operation, one or more users 430 would waive their wands 100 in accordance with one or more specific learned motions selected by each user to achieve a desired effect (for example, fountain on, next water feature, increase/decrease water feature, change lighting intensity/color, or the like). Most preferably, each wand 100 contains internal activation circuitry, such as described herein, such that each wand may be activated by the motion induced thereon by each user and so that actuation and control of the special effect appears to be, and has the feeling to users 430 of being, created by "real" magic, shown in Figure 30 and described in Column 5, line 65 - Column 6, line 2 and Column 39, lines 23-44)
Thus, given the system of Alameh and having the teaching of Weston disclosing a water effect device configured to generate a first water effect and a second water effect; and one or more processors a device one or more processors configured to: actuate the first water effect based on the reflected radiation correlating to a first stored gesture; and actuate the second water effect based on the reflected radiation correlating to a second stored gesture that is also well-known and conventional in the art, it would have been obvious to one of ordinary skill in the art at the time of effective filing date of the claimed invention to modify the system of Alameh by incorporating the teaching of Weston such that the system and method of Alameh to provide a system, comprising: a sensing device configured to receive reflected radiation from a reflective material in an active playing area; a source of electromagnetic radiation configured to emit radiation into the active playing area; a water effect device configured to generate a first water effect and a second water effect; and one or more processors configured to: actuate the first water effect based on the reflected radiation correlating to a first stored gesture; and actuate the second water effect based on the reflected radiation correlating to a second stored gesture, wherein one with an ordinary skilled in the art would be motivated to combine the teaching as they are both directed to using motion/gesture to control activating various effects, which is desirable feature to end user/s.
As to claim 15, the combination of Alameh and Weston as set forth above in claim 14, further Weston discloses wherein the one or more processors are configured to activate the water effect device to generate the first water effect based on the reflected radiation corresponding to a location within the active playing area (special water features 442, combinations of the same or the like. In operation, one or more users 430 would waive their wands 100 in accordance with one or more specific learned motions selected by each user to achieve a desired effect (for example, fountain on, next water feature, increase/decrease water feature, change lighting intensity/color, or the like). Most preferably, each wand 100 contains internal activation circuitry, such as described herein, such that each wand may be activated by the motion induced