Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
2. Claims 1-9, 13-20, and 64 are pending. Bolded claim language below regards newly amended subject matter with a corresponding new rejection citation. Newly amended subject matter that is not bolded does not comprise a new rejection citation (utilizes previous interpretation that is unchanged in view of the new language) or is a newly added claim.
Continued Examination Under 37 CFR 1.114
3. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/17/2026 has been entered.
Claim Rejections - 35 USC § 102
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 17-19 and 64 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sun et al. (US Patent Application Publication 2011/0080339), herein after referred to as Sun.
Regarding independent claim 17, Sun discloses a wearable computer pointing apparatus (Figure 1 wrist/finger mouse device 14, [0019] and [0048]), comprising:
at least one orientation measurer (Figure 3 24+32), deployable ([0017]) on at least one area of a body portion (wrist 15 [0048] examples the device to be worn or mounted on the hand, wrist, arm, head, or other body part of the user; herein after citation of 15 will regard any of the exampled placements) of a user (12), configured to measure orientation of the body portion ([0024] describes the motion sensor 25 (figure 3) to include MEMS sensors , [0029]-[0030] describes motion sensitive circuitry 32 to sense/determine orientation and movements of the wrist mouse 14 (depicted in figures 1, 2, and 4A-4B);
a computer processor (Figure 3 35), associated with the at least one orientation measurer (24+32) ([0024] describes the motion sensor 25 to include MEMS sensors , [0029]-[0030] describes motion sensitive circuitry 32 to sense/determine orientation and movements of the wrist mouse 14 (depicted in figures 1, 2, and 4A-4B)), configured to (i) derive control data from the measured orientation ([0019], [0022], and [0032] describes upon detected movement, via the motion sensor 24+32, of the wrist mouse 14 through a particular motion the signal generator 30 will create/derive control data/various command signals 16 exampled as left mouse click, right mouse click, cursor control, and scrolling) and (ii) translate (figure 5 flow chart method of taking/translating sensed motion into a generator command signal 16 via hardware depicted in figure 3) at least one of an angular orientation change ([0029]-[0030] describes motion sensitive circuitry 32 to sense/determine orientation and movements of the wrist mouse 14, [0027] describes three degrees of motion including rotation) or a movement in a predefined direction ([0042] Table 1 describes 12 different gestures each with predefined motion detection process including movement in predefined directions; for example, the left click command is mapped to an input of motion to the left direction and back exceeding one or both of a threshold velocity and a threshold acceleration) measured by the at least one orientation measurer ([0029]-[0030] describes motion sensitive circuitry 32 to sense/determine orientation and movements of the wrist mouse 14,) into clicking operation data included in the control data ([0019], [0022], and [0032] describes upon detected movement, via the motion sensor 24+32, of the wrist mouse 14 through a particular motion the signal generator 30 will create/derive control data/various command signals 16 exampled as left mouse click, right mouse click, cursor control, and scrolling); and
a data transmitter (30), associated (via the depicted bus of figure 3 and output device 42) with the computer processor (35), configured to transmit ([0019]) the control data (16) to a computing device (18), wherein the clicking input data (16) is configured to provide a clicking operation at the computing device ([0019] and [0032].).
Regarding claim 18, Sun discloses the apparatus of claim 17, wherein the computing device implements a data converter configured to receive the transmitted control data and convert the control data into mouse protocol compliant control data ([0019] the transmission to the signal receive of computer 18 receives a left click command signal 16 that corresponds to a left click input signal created by a conventional mouse (inherently mouse protocol compliant control data).).
Regarding claim 19, Sun discloses the apparatus of claim 1, wherein the computer processor is further configured to derive the control data as mouse protocol compliant control data ([0019] signal generator 30 creates a left click command signal 16, via MCU 35 [0043], that corresponds to a left click input signal created by a conventional mouse (inherently mouse protocol compliant control data).).
Regarding independent claim 64, Sun discloses a method for computer pointing (Figure 5 wrist/finger mouse device 14, [0019] and [0044]), comprising:
measuring an orientation (figure 5 66) ([0024] describes the motion sensor 25 (figure 3) to include MEMS sensors , [0029]-[0030] describes motion sensitive circuitry 32 to sense/determine orientation and movements of the wrist mouse 14 (depicted in figures 1, 2, and 4A-4B) of a body portion (wrist 15 [0048] examples the device to be worn or mounted on the hand, wrist, arm, head, or other body part of the user; herein after citation of 15 will regard any of the exampled placements) of a user (12) using a wearable apparatus ([0048]) comprising at least one orientation measurer (Figure 3 24+32), wherein the wearable apparatus (14) is positioned on the at least one area of the body portion (15) of the user (12);
derive control data from the measured orientation ([0019], [0022], and [0032] describes upon detected movement, via the motion sensor 24+32, of the wrist mouse 14 through a particular motion the signal generator 30 will create/derive control data/various command signals 16 exampled as left mouse click, right mouse click, cursor control, and scrolling);
translating (figure 5 flow chart method of taking/translating sensed motion into a generator command signal 16 via hardware depicted in figure 3) at least one of an angular orientation change ([0029]-[0030] describes motion sensitive circuitry 32 to sense/determine orientation and movements of the wrist mouse 14, [0027] describes three degrees of motion including rotation) or a movement in a predefined direction ([0042] Table 1 describes 12 different gestures each with predefined motion detection process including movement in predefined directions; for example, the left click command is mapped to an input of motion to the left direction and back exceeding one or both of a threshold velocity and a threshold acceleration) measured by the at least one orientation measurer ([0029]-[0030] describes motion sensitive circuitry 32 to sense/determine orientation and movements of the wrist mouse 14,) into clicking operation data included in the control data ([0019], [0022], and [0032] describes upon detected movement, via the motion sensor 24+32, of the wrist mouse 14 through a particular motion the signal generator 30 will create/derive control data/various command signals 16 exampled as left mouse click, right mouse click, cursor control, and scrolling); and
transmitting ([0019]) the control data (16) to a computing device (18) in communication ([0017]) with the apparatus (14), wherein the clicking input data (16) is configured to provide a clicking operation at the computing device ([0019] and [0032].).
Claim Rejections - 35 USC § 103
5. The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 7-8, and 14-16 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mallon et al. (US Patent Application Publication 2012/0259648), herein after referred to as Mallon, in view of Sun.
Regarding independent claim 1, Mallon discloses a wearable computer pointing apparatus (Figure 2A sensors 202 described in paragraphs [0049] and [0051] to be in communication with a gateway device 207 comprising a data processing device 205. Figure 2A and paragraph [0071] depicts and describes the sensors 202 as wearable. Paragraph [0066] describes the motion sensors to include gesture detection.), comprising:
at least one orientation measurer, deployable on at least one area of a body portion of a user, configured to measure orientation of the body portion (Paragraphs [0069]-[0071] describes the wearable device to include three axis accelerometers and gyroscopes (electromechanical sensors) for orientation tracking. The device can be worn at any convenient location on the body that can monitor movement such as wrists, ankles, trunk, and waist. Paragraph [0144] examples wearing the device on the bicep (an upper arm portion of the body).);
at least one pressure meter, deployable on at least one area of the body portion, configured to measure pressure applied by muscle of the body portion (Paragraph [0144] describes sensor 202 to additionally include pressure detecting sensor, incorporated into the motion sensor 202, that can detect pressure exerted by the individual’s muscle pushing against the sensor.);
a computer processor (Paragraph [0071] describes the wearable device to include the components detailed in figure 3 including microprocessor 312 which are in communication with processor 224 (figure 2B) as described in paragraphs [005]-[0055].), associated with the at least one orientation measurer and the at least one pressure meter (Paragraphs [0069]-[0071] describes the wearable device orientation measurer. Paragraph [0144] describes the wearable device incorporation of a pressure sensor.), configured to (i) derive control data from the measured orientation and the measured pressure (Figure 2B and paragraphs [0053]-[0056] describes the processing device 205 to receive data from sensors 202, described above to include measured orientation and measured pressure data, and process and transmit the data to an external device. Figure 10 and paragraphs [0151]-[0157] describes the system and methods of the wearable sensor 202 and gateway 207 to be in communication with a gaming system that uses the sensed motions to be translated into an action in the game for an interactive gaming system 1020. This describes the derived sensed data from wearable sensors 202, processed by 207, to be control data.) and (ii) translate (Paragraph [0151] describes to translate the movement data into an action in the game.) at least one of (a) an angular orientation change measured by the at least one orientation measurer (Paragraphs [0069]-[0071] describe orientation and paragraph [0037] describes the sensor data can include determinations of angle.), (b) a movement in a predefined direction (Paragraph [0097] describes determining acceptable or unacceptable performance of movement sensed in accordance with a prescribed/predefined treatment plan (Figure 4 416 and paragraph [0109]). Figure 10 and paragraphs [0151]-[0153] describes the embodiment of a gaming system in regards to optimizing the treatment plan to include certain movements.) measured by the at least one orientation measurer (Paragraphs [0069]-[0071]), or (c) a pressure change measured by the at least one pressure meter into input data included in the control data (Paragraph [0144]); and
a data transmitter, associated with the computer processor, configured to transmit the control data to a computing device (Figures 2A-2B communication device 206 transmits the data from device 205 to a computing device (server 102) as described in paragraphs [0056]-[0057]. Figure 10 and paragraphs [0151]-[0153] describes the computing device as a gaming system in communication with the gateway 507 or operate as the gateway itself.), wherein the input data is configured to provide a selection operation at the computing device (The current application’s originally filed specification emphasizes selection operations as if the control data originates from operations performed on a standard computer mouse. However, claims 3-4, 13 specifically state “mouse…data” and claim 10 states “click data” inherent to be limited in scope to mouse data too wherein the specification does not support any other interpretation. Therefore, the independent claim is purposely left broader in scope. Therefore, this independent claim limitation will be interpreted broader than mouse control data. Prior art Mallon discloses in figure 10 and paragraphs [0151]-[0153] sensor data to perform gaming operations exampled as swinging a tennis racquet, rolling a bowling ball, etc. Performing the action is a description of selecting to perform the action. Paragraph [0148] additionally describes gesture detection via the motion sensor 202.).
Mallon does not specifically disclose the translated angular orientation change, movement in a predefined direction, or pressure change is translated into clicking operation data.
Sun discloses a computer processor (Figure 3 35), associated with the orientation measurer (24+32) ([0024] describes the motion sensor 25 to include MEMS sensors , [0029]-[0030] describes motion sensitive circuitry 32 to sense/determine orientation and movements of the wrist mouse 14 (depicted in figures 1, 2, and 4A-4B)) [ ], configured to (i) derive control data from the measured orientation [ ] ([0019], [0022], and [0032] describes upon detected movement, via the motion sensor 24+32, of the wrist mouse 14 through a particular motion the signal generator 30 will create/derive control data/various command signals 16 exampled as left mouse click, right mouse click, cursor control, and scrolling) and (ii) translate (figure 5 flow chart method of taking/translating sensed motion into a generator command signal 16 via hardware depicted in figure 3) at least one of (a) an angular orientation change measured by the at least one orientation measurer ([0029]-[0030] describes motion sensitive circuitry 32 to sense/determine orientation and movements of the wrist mouse 14, [0027] describes three degrees of motion including rotation), (b) a movement in a predefined direction ([0042] Table 1 describes 12 different gestures each with predefined motion detection process including movement in predefined directions; for example, the left click command is mapped to an input of motion to the left direction and back exceeding one or both of a threshold velocity and a threshold acceleration) measured by the at least one orientation measurer ([0029]-[0030] describes motion sensitive circuitry 32 to sense/determine orientation and movements of the wrist mouse 14,) [ ] into clicking operation data included in the control data ([0019], [0022], and [0032] describes upon detected movement, via the motion sensor 24+32, of the wrist mouse 14 through a particular motion the signal generator 30 will create/derive control data/various command signals 16 exampled as left mouse click, right mouse click, cursor control, and scrolling); and
a data transmitter (30), associated (via the depicted bus of figure 3 and output device 42) with the computer processor (35), configured to transmit ([0019]) the control data (16) to a computing device (18), wherein the clicking input data (16) is configured to provide a clicking operation at the computing device ([0019] and [0032].).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Mallon’s translated angular orientation change and/or movement in a predefined direction with the known technique of being translated into clicking operation data that is configured to provide a clicking operation at the computing device yielding the predictable results of controlling a computer device via typing mouse commands as disclosed by Sun ([0022]-[0023]).
Regarding claim 2, Mallon discloses the apparatus of claim 1, wherein said data transmitter is further configured to transmit the control data to the computing device over a wireless connection (Paragraph [0049] describes sensors 202 and gateway 207 to transmit data wirelessly.).
Regarding claim 3, Sun discloses the apparatus of claim 1, wherein the computing device implements a data converter configured to receive the transmitted control data and convert the control data into mouse protocol compliant control data ([0019] the transmission to the signal receive of computer 18 receives a left click command signal 16 that corresponds to a left click input signal created by a conventional mouse (inherently mouse protocol compliant control data).).
Regarding claim 4, Sun discloses the apparatus of claim 1, wherein the computer processor is further configured to derive the control data as mouse protocol compliant control data ([0019] signal generator 30 creates a left click command signal 16, via MCU 35 [0043], that corresponds to a left click input signal created by a conventional mouse (inherently mouse protocol compliant control data).).
Regarding claim 7, Mallon discloses the apparatus of claim 1, wherein at least one said orientation measurer comprises a GPS (Global Positioning System) receiver (Paragraphs [0036]-[0037] describes the sensor data to include GPS sensors.).
Regarding claim 8, Mallon discloses the apparatus of claim 1, wherein at least one of the at least one orientation measurer comprises an IMU (Inertial Measurement Unit) (An IMU is defined as a device which detects linear acceleration and rotational rate which are respectively performed by an accelerometer and gyroscope. Mallon: Paragraphs [0069]-[0071] describes the wearable device to include three axis accelerometers and gyroscopes (electromechanical sensors) for orientation tracking.).
Regarding claim 14, Mallon discloses the apparatus of claim 1, wherein the at least one of said orientation measurer is further configured to measure angular orientation of the body portion (Paragraphs [0069]-[0071] describes the wearable device to include three axis accelerometers and gyroscopes (electromechanical sensors) for orientation tracking. The device can be worn at any convenient location on the body that can monitor movement such as wrists, ankles, trunk, and waist. Paragraph [0144] examples wearing the device on the bicep (an upper arm portion of the body).).
Regarding claim 15, Mallon discloses the apparatus of claim 1, wherein the at least one of said orientation measurer is further configured to measure bi-dimensional positional orientation of the body portion (Paragraphs [0069]-[0071] describes the wearable device to include three axis (include bi-dimensional plus one extra dimension) accelerometers and gyroscopes (electromechanical sensors) for orientation tracking. The device can be worn at any convenient location on the body that can monitor movement such as wrists, ankles, trunk, and waist. Paragraph [0144] examples wearing the device on the bicep (an upper arm portion of the body).).
Regarding claim 16, Mallon discloses the apparatus of claim 1, wherein the at least one of said orientation measurer is further configured to measure tri-dimensional positional orientation of the body portion (Paragraphs [0069]-[0071] describes the wearable device to include three/tri axis accelerometers and gyroscopes (electromechanical sensors) for orientation tracking. The device can be worn at any convenient location on the body that can monitor movement such as wrists, ankles, trunk, and waist. Paragraph [0144] examples wearing the device on the bicep (an upper arm portion of the body).).
Claim Rejections - 35 USC § 103
6. The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3-4 and 18-19 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mallon in view of Kahn et al. (US Patent 7,970,586), herein after referred to as Kahn.
Regarding claim 3, Mallon discloses the apparatus of claim 1.
Mallon does not specifically disclose further comprising a data converter, implemented on the computing device, configured to receive the transmitted control data and convert the control data into mouse protocol compliant control data.
Kahn discloses a data converter (figure 1 reference virtual accelerometer 120), implemented on said computing device, configured to receive the transmitted control data (figure 1 reference real accelerometer 110 to transmit to data convertor/virtual accelerometer 120) and convert the control data into mouse protocol compliant control data (figure 1 reference data convertor/virtual accelerometer 120 with data translator 145 for accelerometer applications described in columns 1 and 2 lines 59-67 and 1-3 respectively for enabling multiple application to receive accelerometer data from a single accelerometer sensor; column 1 lines 20-31 examples accelerometers for human movement translated for an application exampled as a game controller for cursor movement, columns 4-5 lines 57-67 and 1-10 respectively describe acceleration data in regards to arm movements including muscles firing at points in the motion to achieve the net motion to identify a particular user’s characteristic form for an action).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Mallon’s remotely transmitted sensor data with the known technique of being converted for application use such as cursor movement (standard mouse protocol compliant control data) yielding the predictable results of enabling remote control of applications as disclosed by Kahn (column 1 lines 20-31).
Regarding claim 4, Mallon discloses the apparatus of claim 1.
Mallon does not specifically disclose wherein the computer processor is further configured to derive the control data as mouse protocol compliant control data.
Kahn discloses wherein the computer processor is further configured to derive the control data as mouse protocol compliant control data.
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Mallon’s remotely transmitted sensor data with the known technique of being converted for application use such as cursor movement (standard mouse protocol compliant control data) yielding the predictable results of enabling remote control of applications as disclosed by Kahn (column 1 lines 20-31).
Regarding claim 18, Mallon discloses the apparatus of claim 17.
Mallon does not specifically disclose further comprising a data convertor, implemented on the computing device, configured to receive the transmitted control data and convert the control data into mouse protocol compliant control data.
Kahn discloses a data convertor (figure 1 reference virtual accelerometer 120), implemented on said computing device, configured to receive the transmitted control data (figure 1 reference real accelerometer 110 to transmit to data convertor/virtual accelerometer 120) and convert the control data into mouse protocol compliant control data (figure 1 reference data convertor/virtual accelerometer 120 with data translator 145 for accelerometer applications described in columns 1 and 2 lines 59-67 and 1-3 respectively for enabling multiple application to receive accelerometer data from a single accelerometer sensor; column 1 lines 20-31 examples accelerometers for human movement translated for an application exampled as a game controller for cursor movement, columns 4-5 lines 57-67 and 1-10 respectively describe acceleration data in regards to arm movements including muscles firing at points in the motion to achieve the net motion to identify a particular user’s characteristic form for an action).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Mallon’s remotely transmitted sensor data with the known technique of being converted for application use such as cursor movement (standard mouse protocol compliant control data) yielding the predictable results of enabling remote control of applications as disclosed by Kahn (column 1 lines 20-31).
Regarding claim 19, Mallon discloses the apparatus of claim 17.
Mallon does not specifically disclose wherein the computer processor is further configured to derive the control data as mouse protocol compliant control data.
Kahn discloses wherein the computer processor is further configured to derive the control data as mouse protocol compliant control data.
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Mallon’s remotely transmitted sensor data with the known technique of being converted for application use such as cursor movement (standard mouse protocol compliant control data) yielding the predictable results of enabling remote control of applications as disclosed by Kahn (column 1 lines 20-31).
7. Claims 5-6 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mallon-Sun in view of Burbank et al. (US Patent Application Publication 2009/0221943), herein after referred to as Burbank, and further in view of Kamath et al. (US Patent 2006/0036141), herein after referred to as Kamath.
Regarding claim 5, Mallon discloses the apparatus of claim 1, wherein the at least one pressure meter comprises at least two pressure meters deployable on the body portion (Paragraph [0144] describes one or more sensors 202 located on the individual’s arm such as the bicep itself to detect the pressure of the muscle moving against the sensor.), [ ].
Mallon does not specifically disclose the at least two pressure meters deployable over opposite sides of the muscle.
Burbank discloses sensors comprise at least two sensors (paragraph [0196] describes utilizing a plurality of sensors on a muscle sufficient to sense a body condition of the muscle (exampled as RLS)) deployable on an arm (figures 62-63 and paragraph [0197] describes a removable sleeve to be utilized on a user’s arm), over opposite sides of the muscle (figures 50-51 and paragraph [0186] describes a removable sleeve to fit around a muscle (exampled as a calf) which comprises a plurality of lines of sensors depicted to surround (including opposite sides of) the muscle of the user).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Mallon’s at least two pressure meters deployable on the body part with the known technique of deployable over opposite sides of the muscle yielding the predictable results of providing a sufficient number of sensors in different orientations with sufficient contact to perform their respective sensing functions as disclosed by Burbank ([0186]).
Mallon does not specifically disclose the computer processor is further configured to compare a measurement of a first pressure meter of the at least two pressure meters with a measurement of a second pressure meter of the at least two pressure meters, for deriving the control data.
Kamath discloses comparing a measurement of a first sensor with the measurement of a second sensor to detect presence or absence of an aberrant value (deviation of the measurement from a reference value over time), signal-to-noise ratio, and/or recognizing patterns within the data itself (paragraphs [0017]-[0020]).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Mallon-Burbank’s pressure sensors disposed on opposite sides of a body part with the known technique of comparing the first sensor measurement with the second sensor measurement for deriving the control data yielding the predictable results of detecting presence or absence of an aberrant value, signal-to-noise ration, and/or recognizing patterns within the data itself as disclosed by Kamath (paragraphs [0017]-[0020]).
Regarding claim 6, Mallon discloses the apparatus of claim 1.
Mallon does not specifically disclose wherein the at least one orientation measurers comprises at least two orientation measurers deployable on the body portion, and the computer processor is further configured to compare a measurement of a first orientation measurer of the at least two orientation measurers with a measurement of a second orientation measurer of the at least two orientation measurers, for deriving the control data.
Burbank discloses at least two sensors (Figure 48-51 352) deployable on a body portion ([0186]).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Sun’s sensor (orientation) disposed on the body portion with the known technique of two sensors deployed on the body portion yielding the predictable results of providing a sufficient number of sensors in different orientations with sufficient contact to perform their respective sensing functions as disclosed by Burbank ([0186]).
Kamath discloses comparing a measurement of a first sensor with a measurement of a second sensor for deriving [ ] data (paragraphs [0017]-[0020]).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Mallon-Sun-Burbank’s computer processor with derived control data and orientation sensors disposed on the body portion with the known technique of comparing a measurement of the first orientation measurer of the at least two orientation measurers with a measurement of a second orientation measurer of the at least two orientation measurers, for deriving the control data yielding the predictable results of detecting presence or absence of an aberrant value, signal-to-noise ration, and/or recognizing patterns within the data itself as disclosed by Kamath (paragraphs [0017]-[0020]).
8. Claim(s) 9 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mallon-Sun in view of van der Merwe et al. (US Patent Application Publication 2011/0264238), herein after referred to as van der Merwe.
Regarding claim 9, Mallon discloses the apparatus of claim 1, wherein at least one of said pressure meter comprises measuring pressure, strength, or force (paragraph [0086]).
Mallon does not specifically disclose the pressure meters comprising an FSR (Force Sensing Resistor).
van der Merwe discloses utilizing force sensing resistors for muscle pressure and strain sensing (paragraph [0136]).
It would have been obvious to one skilled in the art at the time the invention was made to enable Mallon’s pressure sensor with the known technique of comprising force sensing resistors yielding the predictable results of enabling individual muscle zone detection as disclosed by van der Merwe (paragraph [0136]).
9. Claim(s) 13 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mallon-Sun in view of Tremaine et al. (US Patent Application Publication 2014/0049465), herein after referred to as Tremaine.
Regarding claim 13, Mallon discloses the apparatus of claim 1, where said computer processor is further configured to translate the angular orientation change measured by the least one of said orientation measurers, [ ] (Paragraphs [0069]-[0071] describe orientation and paragraph [0037] describes the sensor data can include determinations of angle.).
Mallon does not specifically disclose translate an angular orientation change into mouse speed change data included in the derived control data.
Tremaine discloses to translate an angular orientation change measured by at least one of said orientation measurers into mouse speed change data included in derived control data (figure 6D and paragraphs [0090]-[0092] describes arm gestures may be translated into speed of movement of the mouse pointer).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Mallon’s sensors with the known technique of computer input control including speed of movement of the mouse pointer/mouse speed change data yielding the predictable results of increasing functionality of the device include controlling a computer as disclosed by Tremaine (paragraphs [0090]-[0092]).
10. Claim 20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sun in view of Burbank and further in view of Kamath.
Regarding claim 20, Sun discloses the apparatus of claim 17.
Sun does not specifically disclose wherein said orientation measurers comprise at least two orientation measurers deployable on the body part, and the computer processor is further configured to compare a measurement of a first orientation measurer of the at least two orientation measurers with a measurement of a second orientation measurer of the at least two orientation measurers, for deriving the control data
Burbank discloses at least two sensors (Figure 48-51 352) deployable on a body portion ([0186]).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Sun’s sensor (orientation) disposed on the body portion with the known technique of two sensors deployed on the body portion yielding the predictable results of providing a sufficient number of sensors in different orientations with sufficient contact to perform their respective sensing functions as disclosed by Burbank ([0186]).
Kamath discloses comparing a measurement of a first sensor with a measurement of a second sensor for deriving [ ] data (paragraphs [0017]-[0020]).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Sun-Burbank’s computer processor with derived control data and orientation sensors disposed on the body portion with the known technique of comparing a measurement of the first orientation measurer of the at least two orientation measurers with a measurement of a second orientation measurer of the at least two orientation measurers, for deriving the control data yielding the predictable results of detecting presence or absence of an aberrant value, signal-to-noise ration, and/or recognizing patterns within the data itself as disclosed by Kamath (paragraphs [0017]-[0020]).
Response to Arguments
11. Applicant’s arguments, filed 8/17/2026, with respect to claims have been considered partially persuasive. In regard to previously cited art King in view of the newly amended claim language the examiner agrees. Newly cited art Sun, necessitated by amendment, is utilized in combination (for claim 1) and individually (for claim 17 and 64) to reject the newly amended subject matter.
However, page 7 of the filed remarks, specifically argues previously cited art Mallon fails to disclose claim 1 limitation options a-c “setting aside the clicking operation data”. The examiner respectfully disagrees.
As recited by applicant paragraph [0151] of Mallon discloses a movement is then translated into action in the game. The action in the game is considered the input wherein the movement is considered one of the options a-c claimed. As previously rejected, [0071] discloses “with such a monitor” allows continuous monitoring of movement and orientation tracking. Said monitor is described in [0069] to regard a wearable device with a three-axis MEMS accelerometer, three-axis gyroscopes, and three-axis magnetometer.
Angular orientation is interpreted to comprise the scope of interpretation similar to angular position within orientation: the amount of rotation/angle needed to move the object from a reference placement into its current placement within a set geometry. Describing a three-axis sensor to continuously detect movement and orientation is a description of detecting a change in angular orientation.
Movement in a predefined direction comprises an extremely broad scope of interpretation. Since “predefined” is not elaborated in the claim, the ability of a sensor to determine said movements in general can imply that the movements are predefined simply because the sensor is capable of sensing them (the sensor is previously coded to determine sensing of said movements). However, [0097] of prior art Mallon discloses determining acceptable or unacceptable performance of movement in accordance with a prescribed/predefined treatment plan of movement. The performance of said prescribed/predefined treatment plan is described in figure 8 and [0120] which describes to determine whether the movements were performed correctly (describing the prescribed movements to be predefined before performance by the user). Describing a three-axis sensor to continuously detect movement and orientation of a prescribed/predefined plan of movement is a description of movement in a predefined direction.
Pressure change: [0086] of Mallon discloses the use of pressure sensors in addition to motion sensor that can be used to measure user strength for function determination. [0089] generalizes the reference of sensors 202 to not only include movement data but to additionally include strength exampled as pressure. [0144] again describes sensors 202 that is located on a user’s arm, such as the wrist or bicep, that can detect movement and pressure exerted by the user’s muscle pushing against the sensor. Figure 4 and [0104] describe the performance of exercises 408 includes strength (pressure sensor as described above) which is used as an input to develop a treatment plan 416, input to performance of the treatment plan 418, and as input to the evaluation 420.
It is noted that applicant argues (pages 8-9) the pressure change, claimed option c, specifically in view of the newly amended subject matter even though this argument was prefaced (page 7) to be “aside the clicking operation data”. Arguing a reference singularly in view of the combination is considered a piecemeal analysis of the combination of arts.
This action is non-final.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E LEIBY whose telephone number is (571)270-3142. The examiner can normally be reached 11-7.
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, Amr Awad can be reached at 571-272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER E LEIBY/Primary Examiner, Art Unit 2621
Prosecution Insights