DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/04/2024 and 11/14/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-5 and 16-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 2 and 15, the limitation “the signal processor is configured…to control a time interval at which the action potential of the Merkel cell is fired” renders the claims indefinite.
First, the signal processor is not controlling action potential of the Merkel cell directly. The processor controls the displacement signal to fire action potential of the Merkel cell.
Second, the claims fail to explicitly disclose the time interval is related to the displacement signal.
For examination purpose, the limitation “control a time interval…” is broadly interpreted as control frequency/period or time interval between pulses of waveform of the displacement signal, which is the result of controlling “the waveform and the amplitude of the displacement signal”. Appropriate correction is required.
Regarding claims 3 and 16, the limitation “the signal processor is configured to control the time interval at which the action potential of the Merkel cell is fired…and to control a magnitude of the firing rate…” renders the claims indefinite.
As best understood by the examiner (considering limitations recited in claims 1-3 and 14-16 in combination), the signal processor is controlling the waveform and amplitude of a displacement signal, and applying the displacement signal to micro-displacement stimulation element so as to fire action potentials of a plurality of tactile receptors within the skin, i.e. action potential of a Merkel cell among the plurality of tactile receptors.
First, the signal processor does not directly control the action potential of the Merkel cell (including the time interval at which the action potential is fired and the magnitude of the firing rate of the action potential). The action potential of the Merkel cell is triggered by the displacement signal, and the claimed invention is directed to how to generate and apply the displacement signal to fire the action potential of the Merkel cell.
Second, the claims fail to define how the displacement signal is controlled by the signal processor to control the time interval at which the action potential of the Merkel cell is fired such that a firing rate of the action potential attenuates over time, and how the magnitude of the firing rate is controlled based on the displacement signal. Without clearly define how the waveform, amplitude and/or time interval of the displacement signal, the recited limitations regarding the Merkel cells (e.g. time interval and magnitude of the firing rate) are inherent results of applying the recited displacement signal.
For examination purpose, the recited limitation is broadly interpreted as inherent results of applying the displacement signal as recited in claims 2 and 15.
Appropriate correction is required.
Regarding claims 4 and 17, recited limitations further define “time interval” and “firing rate” similar to claims 3 and 16. For the same reason set forth in rejection of claims 3 and 16 above, claims 4 and 17 are indefinite for failing to particularly point out and distinctly claim the subject matter.
For examination purpose, the recited limitation is broadly interpreted as inherent results of applying the displacement signal as recited in claims 2 and 15.
Appropriate correction is required.
Regarding claims 5 and 18, recited limitations further define “time interval” and “firing rate” similar to claims 3 and 16. For the same reason set forth in rejection of claims 3 and 16 above, claims 4 and 17 are indefinite for failing to particularly point out and distinctly claim the subject matter. For examination purpose, the recited limitation is broadly interpreted as inherent results of applying the displacement signal as recited in claims 2 and 15.
In addition, the recited limitation “…to control an attenuation speed or an increase speed…” renders the claims indefinite because it is unclear whether the “attenuation speed or an increase” relate to the displacement signal. For examination purpose, the recited limitation is broadly interpreted as inherent results of applying the displacement signal as recited in claims 2 and 15.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-5, 7, 10, 13-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tachi et al. (US 2019/0043322 A1).
Regarding claims 1 and 14, Tachi discloses a virtual tactile implementation device and a method for operating the device (Abstract & Figs. 9-10), comprising:
one or more micro-displacement stimulation elements in close contact with a skin (e.g. Figs. 9-10);
a signal processor (e.g. Fig. 5: 102) configured to apply a displacement signal (e.g. [0100-0102, 0118]: intend to provide stimulation to tactile receptors of Merkel cell; Figs. 17-21 & [0200-0201]: a series of stimulation pulses with waveform and amplitude to stimulate touching sensation) to the micro-displacement stimulation element (e.g. Figs. 5-10 & [0147-0155]: control unit 102 generate tactile stimulus via output units 140 or vibrators);
providing, by the micro-displacement stimulation element, a tactile stimulation to the skin depending on the displacement signal (e.g. [0100-0102, 0118]: intend to provide stimulation to tactile receptors of Merkel cell; Figs. 17-21 & [0200-0201]: a series of stimulation pulses with waveform and amplitude to stimulate touching sensation), and
a power supply device configured to supply electrical energy to the micro-displacement stimulation element and the signal processor ([0120]: power supply is inherently disclosed since the invention is effective in low power consumption), and
wherein the signal processor is configured to control a waveform and an amplitude of the displacement signal (e.g. Figs. 17-21 & [0200-0201]: a series of stimulation pulses with waveform and amplitude to stimulate touching sensation) to allow the micro-displacement stimulation element to selectively fire action potentials of a plurality of tactile receptors within the skin (e.g. [0100-0102, 0118]: intend to provide stimulation to tactile receptors of Merkel cell), and to control a time interval at which each of the action potentials is fired to allow the micro-displacement stimulation element to provide a sense of pressure or a sense of texture (e.g. Figs. 17-21 & [0200-0201]: a series of stimulation pulses with time interval in between pulses).
Regarding claims 2 and 15, Tachi discloses the signal processor is configured to control the waveform and the amplitude of the displacement signal to allow the micro-displacement stimulation element to fire only the action potential of a Merkel cell among the plurality of tactile receptors (e.g. [0100-0102, 0118]: intend to provide stimulation to tactile receptors of Merkel cell), and to control a time interval (e.g. Figs. 17-21 & [0200-0201]: a series of stimulation pulses with time interval in between pulses) at which the action potential of the Merkel cell is fired to allow the micro-displacement stimulation element to provide the sense of pressure or the sense of texture.
Regarding claims 3 and 16, Tachi discloses the signal processor is configured to control the time interval at which the action potential of the Merkel cell is fired such that a firing rate of the action potential of the Merkel cell attenuates over time, and to control a magnitude of the firing rate to allow the micro-displacement stimulation element to provide the sense of pressure capable of distinguishing between two or more levels of pressure (e.g. Figs. 17-21 & [0200-0201]: a series of stimulation pulses with time interval in between pulses to stimulate touching sensation).
Regarding claims 4 and 17, Tachi discloses the signal processor is configured to control the time interval such that a firing rate of the action potential exponentially decays over time during a first time period, and to control the time interval such that the firing rate randomly deviates within a range of a second value less than a first value centered on the first value during a second time period after the first time period, to allow the micro-displacement stimulation element to provide the sense of pressure (e.g. Figs. 17-21 & [0200-0201]: processor capable of generating a series of stimulation pulses with time interval in between pulses to stimulate touching sensation).
Regarding claims 5 and 18, Tachi discloses the signal processor is configured to control the time interval such that the firing rate is attenuated or increased over time, and to control an attenuation speed or an increase speed to allow the micro-displacement stimulation element to provide the sense of pressure in which a pressure changes over time (e.g. Figs. 17-21 & [0200-0201]: processor capable of generating a series of stimulation pulses with time interval in between pulses to stimulate touching sensation).
Regarding claims 7 and 20, Tachi discloses the signal processor is configured to control the displacement signal to allow the micro-displacement stimulation element to selectively fire spikes of the action potential of the plurality of tactile receptors such that the displacement signal is a pulse signal and at least one condition of the amplitude of the displacement signal and a time interval between pulses of the displacement signal changes over time (e.g. Figs. 17-21 & [0200-0201]: processor capable of generating a series of stimulation pulses as spikes with time interval in between pulses to stimulate touching sensation, and the series of pulses changes over time).
width of the displacement signal changes over time (e.g. Figs. 17-21 & [0200-0201]: processor capable of generating a series of stimulation pulses as spikes with time interval in between pulses to stimulate touching sensation, and the series of pulses in a shape of sine waveform and changes over time).
Regarding claim 10, Tachi discloses a contact device configured to contact the skin with the micro-displacement stimulation element, and wherein the contact device is at least one of an elastic thimble structure, a ring structure, and a glove structure (e.g. Figs. 9-10, 18, 22 & 39).
Regarding claim 13, Tachi discloses the micro-displacement stimulation element is a piezoelectric actuator element (e.g. [0122, 0255]).
Claim Rejections - 35 USC § 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 (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.
Claim(s) 6, 8-9, 12, 19 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tachi et al. (US 2019/0043322 A1) in view of Iggo (Provided by applicant on IDS 11/04/2024: Sensory Receptors In The Skin of Mammals And Their Sensory Functions).
Regarding claims 6 and 19, Tachi discloses the signal processor is configured to control the displacement signal to allow the micro-displacement stimulation element to provide the sense of texture (e.g. [0100-0102, 0118]: intend to provide stimulation to tactile receptors of Merkel cell; Figs. 17-21 & [0200-0201]: a series of stimulation pulses with waveform and amplitude to stimulate touching sensation).
Tachi fails to disclose, but Iggo teaches a pulse width of the displacement signal has two or more different pulse widths of 1msec or more, or an amplitude of the displacement signal has two or more different magnitudes of 100um or less, and the waveform of the displacement signal becomes a sine wave (e.g. Figs. 1 & 12: pulses in sine wave with different frequencies and pulse widths; pulse in about 1msec and amplitude in the range less than 250 um).
Although Iggo does not explicitly disclose the amplitude is 100um or less, it would have been obvious to one skilled in the art to modify pulses of Tachi to generate pulse with suitable amplitude and pulse widths in similar manner as taught by Iggo to trigger a desired sensation response. The modification would have yielded only predictable results to one skilled in the art since both Tachi and Iggo utilize series of pulses to generate touching sensation on skin, and replacing one simulation pulse waveform with another is merely simple substitutions of one known method with another according to KSR.
In addition, it has been held that discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claims 8 and 21, Iggo teaches the waveform of the displacement signal includes a sine wave and a rectangular wave (e.g. Figs. 1 & 12: a series of pulse in sine wave).
Regarding claims 9 and 22, Iggo teaches the signal processor is configured to control the displacement signal to allow the micro-displacement stimulation element to selectively fire spikes of the action potential of the plurality of tactile receptors such that the displacement signal is a sine wave signal and at least one condition of a magnitude of the amplitude and a pulse (e.g. Fig. 12: pulses in sine wave with particular amplitude).
Regarding claims 12 and 23, Tachi and Iggo in combination discloses the micro-displacement stimulation element (e.g. Tachi: Figs. 9-10) is an element capable of applying a sine wave vibration (e.g. Iggo: Fig. 12: pulses in sine wave with particular amplitude)having a pulse width of 1msec or more and an amplitude of 100um or less to the skin (e.g. Figs. 1 & 12: pulses in sine wave with different frequencies and pulse widths; pulse in about 1msec and amplitude in the range less than 250 um; it has been held that discovering the optimum or workable ranges involves only routine skill in the art.).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tachi et al. (US 2019/0043322 A1) in view of Lei (CN 111904390 A).
Regarding claim 11, Tachi discloses a contact device configured to contact the skin with the micro-displacement stimulation element (e.g. Figs. 9-10).
Tachi fails to disclose, but Lei teaches the contact device includes at least one of an elastic band and a screw which adjust a contact pressure between the micro-displacement stimulation element and the skin (e.g. p. 2-3: adjusting contact position between the plates and skin, i.e. contact pressure, by adjusting feeding plate screw 509 to move the pressure feeding plate 508).
Although obvious, Tachi silent on how to ensure the stimulation element comes into contact with the skin, and Lei teaches it is well-known to utilize screw to adjust tightness of the contact area.
Thus, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Tachi with the teachings of Lei to utilize a screw to adjust contact between the stimulation element and the skin too ensure stimulation element comes into contact with skin. The modification would have been obvious to one skilled in the art since it is merely simple substitutions of one known element with another according to KSR.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAM WAN MA whose telephone number is (571) 270-3693. The examiner can normally be reached M-F 9am-6pm.
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/KAM WAN MA/Examiner, Art Unit 2688