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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,169,600. This is a statutory double patenting rejection.
To perform analysis required, claim 1 of the current application is compared to claim 1 of U.S. Patent No. 12,169,600.
Claim 1: Current Application
Claim 1: U.S. Patent No. 12,169,600
A system for gesture-based control, the system comprising:
a wearable device configured to be worn on a body part of a person and comprising:
a plurality of biopotential channels comprising at least a first biopotential channel and a second biopotential channel, each biopotential channel of the plurality of biopotential channels comprising a pair of electrodes and being configured to output signals indicating biopotentials at a respective location on the body part of the person, the output of at least the first biopotential channel being configured to vary in response to motions or intended motions of one or more fingers of the person;
a location sensor, the location sensor being configured to output data indicating a location of the body part;
and a processor;
wherein the system is configured to:
generate a data stream based on the outputs from the plurality of biopotential channels and/or the location sensor;
enter a first state in which the output from the location sensor is processed according to a first set of logical rules;
classify a gesture based on an analysis of an analytical segment of the data stream, the gesture classification comprising:
(a) determining that a first portion of the analytical segment shows a baseline measurement for a parameter related to one or more of the plurality of biopotential channels;
(b) determining that a second portion of the analytical segment following the first portion indicates a change in the parameter, relative to the first portion, for the one or more of the plurality of biopotential channels;
(c) determining that a third portion of the analytical segment following the second portion indicates that the parameter remains in a changed condition, relative to the first portion, for the one or more of the plurality of biopotential channels; and
(d) determining that a time between the second portion and the third portion is greater than a threshold period of time;
and based on the gesture classification comprising steps (a)-(d), transition to a second state in which the output from the location sensor is processed according to a second set of logical rules that is different than the first set of logical rules.
A system for gesture-based control, the system comprising:
a wearable device configured to be worn on a body part of a person and comprising:
a plurality of biopotential channels comprising at least a first biopotential channel and a second biopotential channel, each biopotential channel of the plurality of biopotential channels comprising a pair of electrodes and being configured to output signals indicating biopotentials at a respective location on the body part of the person, the output of at least the first biopotential channel being configured to vary in response to motions or intended motions of one or more fingers of the person;
a location sensor, the location sensor being configured to output data indicating a location of the body part;
and a processor;
wherein the system is configured to:
generate a data stream based on the outputs from the plurality of biopotential channels and/or the location sensor,
enter a first state in which the output from the location sensor is processed according to a first set of logical rules;
classify a gesture based on an analysis of an analytical segment of the data stream, the gesture classification comprising:
(a) determining that a first portion of the analytical segment shows a baseline measurement for a parameter related to one or more of the plurality of biopotential channels;
(b) determining that a second portion of the analytical segment following the first portion indicates a change in the parameter, relative to the first portion, for the one or more of the plurality of biopotential channels;
(c) determining that a third portion of the analytical segment following the second portion indicates that the parameter remains in a changed condition, relative to the first portion, for the one or more of the plurality of biopotential channels; and
(d) determining that a time between the second portion and the third portion is greater than a threshold period of time;
and based on the gesture classification comprising steps (a)-(d), transition to a second state in which the output from the location sensor is processed according to a second set of logical rules that is different than the first set of logical rules.
As shown in the analysis above, claim 1 of the current application claims the same invention as that of claim 1 of prior U.S. Patent No. 12,169,600.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,449,150. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 in the current application is broader than the reference claim.
Specifically, it is well established that “Omission of element and its function in combination is obvious expedient if remaining elements perform same functions as before” In re KARLSON (CCPA) 136 USPQ 184 (1963). Claim 1 in the current application is broader than the reference claim 1.
Below is a table indicating the corresponding relationship between 1 of the current application and claim 1 of U.S. Patent No. 11,449,150.
Current Application
U.S. Patent No. 11,449,150
1
1
To perform analysis required, claim 1 of the current application is compared to claim 1 of U.S. Patent No. 11,449,150.
Claim 1: Current Application
Claim 1: U.S. Patent No. 11,449,150
A system for gesture-based control, the system comprising:
a wearable device configured to be worn on a body part of a person and comprising:
a plurality of biopotential channels comprising at least a first biopotential channel and a second biopotential channel, each biopotential channel of the plurality of biopotential channels comprising a pair of electrodes and being configured to output signals indicating biopotentials at a respective location on the body part of the person, the output of at least the first biopotential channel being configured to vary in response to motions or intended motions of one or more fingers of the person;
a location sensor, the location sensor being configured to output data indicating a location of the body part;
and a processor;
wherein the system is configured to:
generate a data stream based on the outputs from the plurality of biopotential channels and/or the location sensor;
enter a first state in which the output from the location sensor is processed according to a first set of logical rules;
classify a gesture based on an analysis of an analytical segment of the data stream, the gesture classification comprising:
(a) determining that a first portion of the analytical segment shows a baseline measurement for a parameter related to one or more of the plurality of biopotential channels;
(b) determining that a second portion of the analytical segment following the first portion indicates a change in the parameter, relative to the first portion, for the one or more of the plurality of biopotential channels;
(c) determining that a third portion of the analytical segment following the second portion indicates that the parameter remains in a changed condition, relative to the first portion, for the one or more of the plurality of biopotential channels; and
(d) determining that a time between the second portion and the third portion is greater than a threshold period of time;
and based on the gesture classification comprising steps (a)-(d), transition to a second state in which the output from the location sensor is processed according to a second set of logical rules that is different than the first set of logical rules.
A system for gesture-based control, the system comprising:
a wearable device configured to be worn on a person's wrist and comprising:
a plurality of biopotential channels comprising at least a first biopotential channel and a second biopotential channel, each biopotential channel of the plurality of biopotential channels comprising a pair of electrodes and being configured to output signals indicating biopotentials at a respective location on a body part of the person, the output of at least the first biopotential channel being configured to vary in response to motions or intended motions of an index finger of the person;
a location sensor, the location sensor being configured to output data indicating a location of the body part;
and a processor;
wherein the system is configured to:
generate a data stream based on the outputs from the plurality of biopotential channels and/or the location sensor;
partition the data stream into a plurality of windows;
enter a first state in which the output from the location sensor is processed according to a first set of logical rules;
classify a gesture based on an analysis of the plurality of windows, the gesture classification comprising:
(a) determining that a first window shows a baseline amplitude for one or more of the plurality of biopotential channels including at least the first biopotential channel;
(b) determining that a second window after the first window shows an increase in amplitude, relative to the first window, for the one or more of the plurality of biopotential channels including at least the first biopotential channel;
(c) determining that a third window after the second window shows an amplitude that is maintained in an elevated state, relative to the baseline amplitude in the first window, for the one or more of the plurality of biopotential channels including at least the first biopotential channel; and
(d) determining that a time between the second window and the third window is greater than a threshold period of time;
and based on the gesture classification comprising steps (a)-(d), transition to a lift-and-hold state in which the output from the location sensor is processed according to a second set of logical rules that is different than the first set of logical rules.
Claim 1 of the current application is broader than claim 1 of U.S. Patent No. 11,449,150 as shown above. Therefore, this claim is properly subject to ODP rejection.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 11,822,729. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 in the current application is broader than the reference claim.
Specifically, it is well established that “Omission of element and its function in combination is obvious expedient if remaining elements perform same functions as before” In re KARLSON (CCPA) 136 USPQ 184 (1963). Claim 1 in the current application is broader than the reference claim 8.
Below is a table indicating the corresponding relationship between claim 1 of the current application and claim 8 of U.S. Patent No. 11,822,729.
Current Application
U.S. Patent No. 11,822,729
1
8
To perform analysis required, claim 1 of the current application is compared to claim 8 of U.S. Patent No. 11,822,729.
Claim 1: Current Application
Claim 8: U.S. Patent No. 11,822,729
A system for gesture-based control, the system comprising:
a wearable device configured to be worn on a body part of a person and comprising:
a plurality of biopotential channels comprising at least a first biopotential channel and a second biopotential channel, each biopotential channel of the plurality of biopotential channels comprising a pair of electrodes and being configured to output signals indicating biopotentials at a respective location on the body part of the person, the output of at least the first biopotential channel being configured to vary in response to motions or intended motions of one or more fingers of the person;
a location sensor, the location sensor being configured to output data indicating a location of the body part;
and a processor;
wherein the system is configured to:
generate a data stream based on the outputs from the plurality of biopotential channels and/or the location sensor;
classify a gesture based on an analysis of an analytical segment of the data stream, the gesture classification comprising:
(a) determining that a first portion of the analytical segment shows a baseline measurement for a parameter related to one or more of the plurality of biopotential channels;
(b) determining that a second portion of the analytical segment following the first portion indicates a change in the parameter, relative to the first portion, for the one or more of the plurality of biopotential channels;
(c) determining that a third portion of the analytical segment following the second portion indicates that the parameter remains in a changed condition, relative to the first portion, for the one or more of the plurality of biopotential channels; and
(d) determining that a time between the second portion and the third portion is greater than a threshold period of time; and
based on the gesture classification comprising steps (a)-(d), transition to a second state in which the output from the location sensor is processed according to a second set of logical rules that is different than the first set of logical rules. enter a first state in which the output from the location sensor is processed according to a first set of logical rules;
A system for gesture-based control, the system comprising:
a wearable device configured to be worn by a person and comprising:
a plurality of biopotential channels comprising at least a first biopotential channel and a second biopotential channel, each biopotential channel of the plurality of biopotential channels comprising a pair of electrodes and being configured to output signals indicating biopotentials at a respective location on a body part of the person, the output of at least the first biopotential channel being configured to vary in response to motions or intended motions of an index finger of the person;
a location sensor, the location sensor being configured to output data indicating a location of the body part;
and a processor;
wherein the system is configured to:
generate a data stream based on the outputs from the plurality of biopotential channels and/or the location sensor;
classify a gesture based on an analysis of an analytical segment of the data stream, the gesture classification comprising:
(a) determining that a first portion of the analytical segment shows a signal parameter at a baseline for one or more of the plurality of biopotential channels including at least the first biopotential channel;
(b) determining that a second portion of the analytical segment following the first portion shows the signal parameter satisfying a first threshold condition that is different than the baseline for the one or more of the plurality of biopotential channels including at least the first biopotential channel;
(c) determining that a third portion of the analytical segment following the second portion shows the signal parameter satisfying a second threshold condition that is different than the baseline for the one or more of the plurality of biopotential channels including at least the first biopotential channel;
(d) determining that a time between the second portion and the third portion is greater than a threshold period of time; and
(e) while the signal parameter satisfies the first and/or second threshold condition, detecting, based on the output of the location sensor, a change in location of the wearable device in a first direction relative to a frame of reference of the person; and
based on the gesture classification comprising steps (a)-(e), generate a command that causes an application to: (i) make a selection; or (ii) move an object or a selector in the first direction relative to the frame of reference of the person. The system of claim 1, wherein the system is further configured to: determine that a fourth portion of the analytical segment following the third portion shows the signal parameter satisfying a third threshold condition for the one or more of the plurality of biopotential channels including at least the first biopotential channel; and in response to determining that the fourth portion of the analytical segment shows the signal parameter satisfying the third threshold condition, transition from a first state to a second state, the system processing the output from the location sensor according to a different set of logical rules in the second state than in the first state.
Claim 1 of the current application is broader than claim 8 of U.S. Patent No. 11,822,729 as shown above. Therefore, this claim is properly subject to ODP rejection.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Baranski et al. (US 2019/0220099, hereinafter Baranski) teaches a system for gesture-based control (abstract: a device that detects a user's motion and gesture input through the movement of one or more of the user's hand, arm, wrist, and fingers, for example, to provide commands to the device or to other devices), the system comprising:
a wearable device configured to be worn on a body part of a person (fig. 4: device 400; [[0036]: Device 400 can be attached to, resting on, or touching a user's skin at any body part, such as the user's wrist 420) and comprising one or more sensors (fig. 5A-5B; [0037]: device with motion and gesture sensing using optical sensors … Device 500 can attach to wrist 520 using strap 546. In some examples, device 500, strap 546, or both can touch the skin of wrist 520. Wrist 520 can include tendons 510 and 512 and muscles 530. Device 500 can include one or more light sources 502 and one or more light sensors 504), and comprising:
a plurality of biopotential channels comprising at least a first biopotential channel and a second biopotential channel, each biopotential channel of the plurality of biopotential channels comprising a pair of electrodes and being configured to output signals indicating biopotentials at a respective location on the body part of the person, the output of at least the first biopotential channel being configured to vary in response to motions or intended motions of one or more fingers of the person ([0054]: a user can begin with their arm and wrist located at the side of their body as illustrated in FIG. 9D. The user may move their arm and wrist, such that the dorsal side of the wrist is facing up and towards the user's eye, as illustrated in FIG. 9E. The device can determine from past history that such a movement occurs when a user wants to look at the display of the device. The device can associate the movement illustrated in FIGS. 9D-9E with the task or command of automatically turning on the display and waking up the device. That way, the user no longer has to push a button or tap the display screen to wake up the device, and instead, the device can “intelligently” and automatically wake up the device based on this gesture; [0056]: In addition to detected hand and wrist movements, the device can detect finger movements. An example application including detecting finger movements can be detecting sign language. FIGS. 9F-9H illustrate exemplary finger movements associated with sign language according to examples of the disclosure. As shown in FIG. 9F, a user can sign the letter C, for example, using fingers 902, and device 900 can sense the movement of the tendons located at or near wrist 920. Logic located in device 900 can determine that the movement of fingers 902 and the gesture illustrated in FIG. 9F corresponds to the user signing the letter C);
a location sensor, the location sensor being configured to output data indicating a location of the body part ([0054]: a user can begin with their arm and wrist located at the side of their body as illustrated in FIG. 9D. The user may move their arm and wrist, such that the dorsal side of the wrist is facing up and towards the user's eye, as illustrated in FIG. 9E. The device can determine from past history that such a movement occurs when a user wants to look at the display of the device. The device can associate the movement illustrated in FIGS. 9D-9E with the task or command of automatically turning on the display and waking up the device. That way, the user no longer has to push a button or tap the display screen to wake up the device, and instead, the device can “intelligently” and automatically wake up the device based on this gesture; [0056]: In addition to detected hand and wrist movements, the device can detect finger movements. An example application including detecting finger movements can be detecting sign language. FIGS. 9F-9H illustrate exemplary finger movements associated with sign language according to examples of the disclosure. As shown in FIG. 9F, a user can sign the letter C, for example, using fingers 902, and device 900 can sense the movement of the tendons located at or near wrist 920. Logic located in device 900 can determine that the movement of fingers 902 and the gesture illustrated in FIG. 9F corresponds to the user signing the letter C); and
a processor ([0068]: miniature pressure or force sensors may be used to detect contraction of one tendon in the forearm or wrist of the wearer. Such sensors included in the strap of a wearable electronic device operatively coupled to a processor thereof may provide input corresponding to movements of the wearer);
wherein the system is configured to:
generate a data stream based on the outputs from the plurality of biopotential channels and/or the location sensor ([0031]: the gesture may be tracked using one or more wearable devices that the user is wearing. A wrist, arm, hand, finger, or other wearable device may be equipped with IMUs or the like to track the motion of the user's arm, hand, or finger);
enter a first state in which the output from the location sensor is processed according to a first set of logical rules (page 7 paragraph 5: detection of a predetermined gesture associated with the control object, such as touching the control object or raising the control object, may be defined as the activation condition; page 12 paragraph 10: the display position of the control object may move following the movement of the user’s hand recognized by the image recognition unit 152. Similarly, the orientation of the control object may rotate following the movement of the user’s hand);
transition to a second state in which the output from the location sensor is processed according to a second set of logical rules that is different than the first set of logical rules (page 7 paragraph 6 - page 8 paragraph 1: the deactivation condition may be recognition of a user's predetermined gesture by the image recognition unit 152 or the like. The gesture for deactivating voice input may be, for example, a gesture of placing an index finger on the mouth).
Bar-Zeev et al. (US 2020/0103967) describes a system for gesture-based control ([0051]: determining user interest or intent 40 with other modalities, such as gesture detection enables the user 25 to control on-screen objects fully, without the use of a mouse or a touch screen), the system comprising:
a wearable device (wearable HMD, [0024]) and comprising one or more sensors (abstract: a sensor may obtain physiological data; [0007]: additional data is obtained, and the interest or intention is identified based on that data. The data may include, for example, a gesture of a body part detected by an image sensor during the user experience … data is received regarding a voluntary user movement (e.g., an arm movement) and the voluntary user movement is interpreted as an intention to interact with the content based on an involuntary characteristic of the user that is captured in the physiological data. For example, the user can use natural arm gestures and the gestures will only be recognized as intentional commands when the involuntary changes of the user's pupil reveal that intention),
output signals from biopotential channels (abstract: a sensor may obtain physiological data; [0007]: additional data is obtained, and the interest or intention is identified based on that data. The data may include, for example, a gesture of a body part detected by an image sensor during the user experience … data is received regarding a voluntary user movement (e.g., an arm movement) and the voluntary user movement is interpreted as an intention to interact with the content based on an involuntary characteristic of the user that is captured in the physiological data. For example, the user can use natural arm gestures and the gestures will only be recognized as intentional commands when the involuntary changes of the user's pupil reveal that intention); and
enter a first state in which the output from the location sensor is processed according to a first set of logical ([0007]: additional data is obtained, and the interest or intention is identified based on that data. The data may include, for example, a gesture of a body part detected by an image sensor during the user experience … data is received regarding a voluntary user movement (e.g., an arm movement) and the voluntary user movement is interpreted as an intention to interact with the content based on an involuntary characteristic of the user that is captured in the physiological data. For example, the user can use natural arm gestures and the gestures will only be recognized as intentional commands when the involuntary changes of the user's pupil reveal that intention; [0077]: At block 620, the method 600 detects a pattern using the physiological data. In some implementations, the method 600 compares the physiological data obtained at block 610 to a pattern associated with user interest or intent; [0078]: At block 630, the method 600 identifies an interest of the user in the content or an intention of the user regarding the content based on detecting the pattern. In some implementations, as the user interacts with the device, the device detects the pattern associated with step 620 in order to identify a current interest or intent of the user. In some implementations, the current interest on intent is a selectable object displayed on the screen of the device. Moreover, the interest or intent may be identified based on the identified pattern in combination with another input, e.g., confirming an intention of a hand gesture by identifying a pattern associated with physiological data; [0079]: the method 600 initiates a user interaction based on the identified interest or the identified intention. In some implementations, the user interaction includes moving an object selection indicator, selecting an object, changing a state of an interactive item, making a record of the object of interest or intent, or otherwise performing an operation associated with a given interactive item).
Gupta (US 2015/0309582) describes a system for gesture-based control (abstract, a system and method for capturing media are disclosed. In a first aspect, the system comprises a wristband device that includes at least one sensor and a camera coupled to the wristband device. The camera is controlled by at least one gesture determined using the at least one sensor. In a second aspect, the method comprises providing a wristband device that includes at least one sensor, coupling a camera to the wristband device, determining at least one gesture using the at least one sensor, and controlling the camera by using the at least one gesture), the system comprising:
a wearable device configured to be worn on a body part of a person (fig. 3: wristband device) and comprising:
a plurality of biopotential channels comprising at least a first biopotential channel and a second biopotential channel, each biopotential channel of the plurality of biopotential channels comprising a pair of electrodes and being configured to output signals indicating biopotentials at a respective location on the body part of the person, the output of at least the first biopotential channel being configured to vary in response to motions or intended motions of one or more fingers of the person (paragraphs 0069 and 0070, plurality of external sensors 128. See also at least paragraph 0073, the sensors able to detect bioelectromagnetics, thus biopotential signals; Fig. 1 and paragraphs 0069, pre-amplifier/filter/amplifier/bias device 126. See also at least paragraph 0075, the voltage sensors recording the detected user movements as a signal, via step 406, the signal passing through a pre-amplifier, via step 408, the pre-amplified signal passing through a plurality of filters to remove noise and additional motion artifacts, via step 410, the filtered signal passing through an amplifier, via step 412, thus analog inputs);
a location sensor, the location sensor being configured to output data indicating a location of the body part (paragraph 0065, the wristband device includes a plurality of sensors that are embedded within and connected via circuitry to detect various data from the user and the user's surrounding environment. The plurality of sensors can include but are not limited to any of or any combination of MEMS devices, gyroscopes, accelerometers, torque sensors, weight sensors, pressure sensors, magnetometers, temperature sensors, light sensors, cameras, microphones, GPS, wireless detection sensors, altitude sensors, blood pressure sensors, heart rate sensors, biometric sensors, radio frequently identification (RFID), near field communication (NFC), mobile communication, Wi-Fi, strain gauges, fingerprint sensors, smell sensors, gas sensors, chemical sensors, color sensors, sound sensors, acoustic sensors, ultraviolet sensors, electric field sensors, magnetic field sensors, gravity sensors, wind speed sensors, wind direction sensors, compass sensors, geo-locator sensors, polarized light sensors, infrared emitter sensors, and photo-reflective sensors); and
a processor (paragraph 0066, the wristband device includes a processor device that analyzes the detected sensor data);
wherein the system is configured to:
generate a data stream based on the outputs from the plurality of biopotential channels and/or the location sensor (paragraph 0041, In another embodiment, additional sensors that detect additional inputs and sensor data are utilized by the wristband device to determine the gestures and perform the gesture recognition. In one embodiment, firmware running on an embedded system in the wristband device can monitor, filter, feature extract, classify, and interpret recognized gestures, and then transmit the recognized gestures as camera firmware commands to the camera to control the camera firmware, hardware components, and electromechanical functions of the camera; paragraph 0066, the wristband device includes a processor device that analyzes the detected sensor data (from the plurality of sensors) using a sensor data classification unit that utilizes a plurality of algorithmic processes; also see paragraphs 0045 and 0046).
Kudekar et al. (US 2015/0323998) describes a system for gesture-based control, the system comprising:
a wearable device configured to be worn on a body part of a person (fig. 1 and para. 40-41) and comprising:
a plurality of biopotential channels comprising at least a first biopotential channel and a second biopotential channel, each biopotential channel of the plurality of biopotential channels comprising a pair of electrodes and being configured to output signals indicating biopotentials at a respective location on the body part of the person (see para. 2 and 5), the output of at least the first biopotential channel being configured to vary in response to motions or intended motions of one or more fingers of the person (see para. 40-41, 45 and 72);
a location sensor, the location sensor being configured to output data indicating a location of the body part (see para. 2 and 5); and
classify a gesture based on an analysis of an analytical segment of the data stream (see para. 40-41).
Karmon (US 2017/0192665) describes generate a data stream based on the outputs from the plurality of biopotential channels and/or the location sensor;
enter a first state in which the output from the location sensor is processed according to a first set of logical rules; classify a gesture based on an analysis of an analytical segment of the data stream (see para. 26, 46, 66, 79-80 and 86, the starting point and end point of the motion/gesture is determined including a pose of the hand and a gesture by the fingers to determine a specific command for a specific application).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
None of the cited prior art references, teach either individually or in combination, the limitation “… (a) determining that a first portion of the analytical segment shows a baseline measurement for a parameter related to one or more of the plurality of biopotential channels; (b) determining that a second portion of the analytical segment following the first portion indicates a change in the parameter, relative to the first portion, for the one or more of the plurality of biopotential channels; (c) determining that a third portion of the analytical segment following the second portion indicates that the parameter remains in a changed condition, relative to the first portion, for the one or more of the plurality of biopotential channels; and (d) determining that a time between the second portion and the third portion is greater than a threshold period of time; and based on the gesture classification comprising steps (a)-(d), transition to a second state in which the output from the location sensor is processed according to a second set of logical rules that is different than the first set of logical rules.”
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/JWALANT AMIN/Primary Examiner, Art Unit 2612
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