Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
2. Claims 1-10, 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.
Claim Rejections - 35 USC § 102
3. 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 the appropriate paragraphs of pre-AIA 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 –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claim(s) 1-2, 7-8, 14-17, and 64 is/are rejected under pre-AIA 35 U.S.C. 102e as being anticipated by Mallon et al. (US Patent Application Publication 2012/0259648), herein after referred to as Mallon.
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 orientation measurer and the 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.).
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 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).).
Regarding independent claim 17, 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).);
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 orientation measurer (Paragraphs [0069]-[0071] describes the wearable device orientation measurer.), configured to (i) derive control data from the measured orientation (Figure 2B and paragraphs [0053]-[0056] describes the processing device 205 to receive data from sensors 202, described above to include measured orientation, 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 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.) or 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 into input data included in the control data (Paragraphs [0069]-[0071]); 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.).
Regarding independent claim 64, Mallon discloses a method for computer pointer (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:
measuring an orientation of a body portion of a user using an apparatus comprising at least one orientation measurer, wherein the apparatus is positioned on at least one area of the body portion of the user (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).);
deriving control data from the measured orientation (Figure 2B and paragraphs [0053]-[0056] describes the processing device 205 to receive data from sensors 202, described above to include measured orientation, 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.);
translating (Paragraph [0151] describes to translate the movement data into an action in the game.) at least one of an angular orientation change (Paragraphs [0069]-[0071] describe orientation and paragraph [0037] describes the sensor data can include determinations of angle.) or 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 into input data included in the control data (Paragraphs [0069]-[0071]); and
transmitting the control data to a computing device in communication with the apparatus (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.).
Claim Rejections - 35 USC § 103
4. 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).
5. Claims 5 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mallon in view of Burbank et al. (US Patent Application Publication 2009/0221943), herein after referred to as Burbank, in view of Kamath et al. (US Patent 2006/0036141), herein after referred to as Kamath, and further in view of Kan-tor et al. (US Patent Application Publication 2015/0272500), herein after referred to as Kan-tor.
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 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.
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).
Kamath discloses comparing a measurement of the first sensor with the measurement of the 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]).
Kan-tor discloses wherein pressure sensors placed over muscles of a user (paragraph [0026]) may be utilized to detect highly sensitive to smaller tremors (paragraph [0075] describes detecting tremors; stating highly sensitive or smaller tremors discloses identifying tremors from values which inherently deviate from non-tremor values (reference value)).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Mallon’s pressure sensors disposed on a bicep muscle with the known technique of two sensors over opposite sides of the muscle as disclosed by Burbank with their respective measurements compared 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]) wherein said recognized patterns may be tremors as disclosed by Kan-tor (paragraph [0075]).
6. Claims 6 and 20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mallon in view of Burbank in view of Kamath.
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 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).
Kamath discloses comparing a measurement of the first sensor with the measurement of the second sensor to detect presence or absence of an aberrant value, 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’s sensor (orientation) with the known technique of two sensors surrounding a muscle as disclosed by Burbank with their respective measurements compared 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 20, Razoumov discloses the apparatus of claim 17.
Razoumov does not specifically disclose wherein said orientation measurers comprise at least two orientation measurers deployable on the upper arm, and said computer processor is further configured to compare a measurement of a first one of said orientation measurers with a measurement of a second one of said orientation measurers, for deriving the control data.
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).
Kamath discloses comparing a measurement of the first sensor with the measurement of the second sensor to detect presence or absence of an aberrant value, 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 Razoumov’s sensor (orientation) with the known technique of two sensors surrounding a muscle as disclosed by Burbank with their respective measurements compared 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]).
7. Claim(s) 9 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mallon 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]).
8. Claim(s) 10 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mallon in view of King et al. (US Patent Application Publication 2011/0237400), herein after referred to as King.
Regarding claim 10, Mallon discloses the apparatus of claim 1, wherein the input data comprises a selection operation data (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 input data comprises clicking operation data.
King discloses an exercise device for interaction with gaming system; wherein the input data comprises a clicking operation data (paragraphs [0124]-[0125]).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Mallon’s gaming system input data with the known technique of comprising a clicking operation data yielding the predictable results of assisting the user to interact with games as disclosed by King (paragraphs [0124]-[0125]).
9. Claim(s) 13 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mallon 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]).
Response to Arguments
10. Applicant’s arguments, filed 1/6/2026, with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The new grounds of rejection are necessitated by amendment and therefore final.
Conclusion
11. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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