DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,699,104.
Although the claims at issue are not identical, they are not patentably distinct from each other because claim limitations of the instant invention are anticipated by the aforementioned US Patent.
In the case of anticipation, there need not be any motivational analysis, since, the claim limitations of the instant invention are encompassed by the above-mentioned US Patent.
In other words, the underlined limitations, that are the common limitations between the Instant invention and the issued Patent being similar, and are thought to be novel, however, the only difference being the section in the issued patent which is not underlined and it would not deviate the novelty of the invention.
Below, a tabular comparison, is indicative of such inclusion:
Application 18/915,243
US Patent 11,699,104
1. receive sensor data from one or more sensors during a first window of time that at least partially overlaps a gesture time of a gesture; receive additional sensor data from the one or more sensors during a second window of time that at least partially overlaps the gesture time of the gesture, the second window of time being different than the first window of time;provide the sensor data and the additional sensor data as input inputs to a machine learning model, the machine learning model having been trained to output, while the gesture is being performed by a user of the device and prior to completion of the gesture, a predicted gesture, a predicted start time of the gesture, and a predicted end time of the gesture, based on the sensor data and the additional sensor data; determine the predicted gesture based on an output from the machine learning model that is based on the sensor data from the first window of time and based on an additional output of the machine learning model that is based on the additional sensor data from the second window of time; and perform, in response to determining the predicted gesture, a predetermined action on the device.
1. receiving, from a first sensor of a device, first sensor output of a first type; receiving, from a second sensor of the device, second sensor output of a second type that differs from the first type; providing the first sensor output and the second sensor output as inputs to a machine learning model, the machine learning model having been trained to output a predicted gesture based on sensor output of the first type and sensor output of the second type; determining the predicted gesture based on an output from the machine learning model; and performing, in response to determining the predicted gesture, a predetermined action on the device.
Regarding claims 2-20, similar analysis with respect to claims 2-20, of the aforementioned US Patent are applicable.
Prior Art of record
The Prior Art which are pertinent to Applicant’s invention but were not relied upon:
Vleugels et al. (USPAP 2021/0177,306), shows a similar system, in which, receiving, from a first sensor of a device, first sensor output of a first type; receiving, from a second sensor of the device, second sensor output of a second type that differs from the first type (Please note, claim 3. As indicated detecting a gesture by the patient based at least in part on a correlation between the first sensor measurement data and the second sensor measurement data, resulting in a detected gesture; and predicting the occurrence of the event based at least in part on the detected gesture).
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/AMIR ALAVI/Primary Examiner, Art Unit 2668 Wednesday, September 16, 2026
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