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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 9, 2026, has been entered.
Claim Rejections - 35 USC § 112
Claims 1-4, 6-8, 10-14, 16-18 and 20-24 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Specifically, the specification fails to enable a skilled artisan to make and/or use an apparatus that has “the identified object” that “corresponds to a second object different from the first object”, as set forth in claim 1, lines 23-24 and “the identified object” that “corresponds to a first object”, as set forth in claim 1, lines 21-22. In other words, the specification fails to enable a skilled artisan to make and/or use an apparatus having “the identified object . . . different from the first object” while “the identified object corresponds to a first object”. Similar, lack of enablement exists in claim 11.
Claims 1-4, 6-8, 10-14, 16-18 and 20-24 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. Specifically, the claimed invention requires “a command corresponding to a combination of the identified gesture and the identified object” in claim 1, lines 17-18. However, the claimed invention also requires “transmit a first command in response to a first gesture when the identified object corresponds to a first object” in claim 1, lines 21-22. As a result, it is unclear as to whether “a gesture of the hand of the user” (i.e. “the gesture” or “the identified gesture”) is “a first gesture” or a different gesture. Also, it is unclear as to whether “a command” is “a first command” or a different command since the “gesture”, “first gesture”, “command” and “first command” interface in the claimed invention with “the identified object” in a similar and corresponding manner in the claims. Similar, indefiniteness exists in claim 11.
Response to Arguments
Applicant’s arguments with respect to the 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID D DAVIS whose telephone number is (571)272-7572. The examiner can normally be reached Monday - Friday, 8 a.m. - 4 p.m..
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/DAVID D DAVIS/Primary Examiner, Art Unit 2627
DDD
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