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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 6, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa et al. (US Pat. No. 11,458,389 B2 hereinafter referred to as Nakagawa) in view of Cruz-Hernandez et al. (US Pub. No. 2014/0218185 A1 hereinafter referred to as Cruz).
As per claims 1, 6, and 11, Nakagawa teaches a vibration control system, non-transitory computer-readable storage media having program code stored, and a method (abstract “vibration control apparatus that receives a vibration instruction and vibrates a vibration device in accordance with content obtained by correcting the content of the received vibration instruction”) comprising: a computer device (Fig. 1, item 10 and col. 2, lines 40-42 see vibration control apparatus in communication with the controller); and a controller (Fig. 1, item 20 "for example, the vibration device 20 is assumed to be an operation device that receives an operation input of the user" (col. 7, lines 21-23) with examiner recognizing the image shows a game controller) comprising a vibration motor (Fig. 1, item 21 and "The vibration mechanism 21 may be various vibration generating devices such as a linear resonant actuator, a voice coil motor, or an eccentric motor" col. 2, lines 32-25 the vibration mechanism includes at least two motor embodiments), wherein the computer device comprises one or more processors and one or more memories storing program code that (Figs. 1, items 11 and 12 and col. 2, lines 49-53 see processor and memory), when executed, causes the computer device to perform operations comprising: generating vibration instruction data that designates a frequency and an amplitude of vibration of the vibration motor (“Further, the application execution section 32 outputs vibration instruction data for vibrating the vibration device 20 in accordance with processing content thereof. The vibration instruction data includes data for instructing the vibration instruction reception section 33 how the vibration mechanism 21 of the vibration device 20 is vibrated. For example, the vibration instruction data may include data in which a waveform of vibration to be generated by the vibration mechanism 21 is encoded. In the case, an actual operation mode of the vibration mechanism 21 is regulated by amplitude and frequency of the waveform.” Col. 3, lines 45-55 and "The vibration control section 35 outputs a control command for operating the vibration mechanism 21 to the vibration device 20 on the basis of content of the vibration instruction received by the vibration instruction reception section 33. The vibration device 20 generates vibration of the strength or frequency appropriate to the content of the vibration instruction by operating the vibration mechanism 21 on the basis of the control command. Thereby, a body of the vibration device 20 can be vibrated in accordance with conditions of a game etc. executed by the application execution section 32" col. 4, lines 11-21 see instruction command for controlling vibration), and transmitting the vibration instruction data to the controller ("The vibration control section 35 outputs a control command for operating the vibration mechanism 21 to the vibration device 20 on the basis of content of the vibration instruction received by the vibration instruction reception section 33. The vibration device 20 generates vibration of the strength or frequency appropriate to the content of the vibration instruction by operating the vibration mechanism 21 on the basis of the control command. Thereby, a body of the vibration device 20 can be vibrated in accordance with conditions of a game etc. executed by the application execution section 32" col. 4, lines 11-21). Nakagawa does not teach the controller comprises one or more processors and one or more memories storing (i) frequency characteristic data on a voltage allowed to be inputted to the vibration motor at each frequency or a voltage allowed to be outputted from an amplifier that controls the vibration motor at each frequency and (ii) program code that, when executed, causes the controller to perform operations comprising, receiving the transmitted vibration instruction data, determining at least one of an allowable value indicating (i) the voltage allowed to be inputted or (ii) the voltage allowed to be outputted by referring to the frequency characteristic data based on the frequency derived from the received vibration instruction data, determining an adjusted amplitude value based on the amplitude derived from the vibration instruction data and the determined allowable value, generating control data based on the frequency derived from the received vibration instruction data and the adjusted amplitude value, and executing control of the vibration motor based on the control data. Nakagawa teaches a vibrating controller (abstract and Fig. 1, item 20) wherein a vibration signal is received to control a device with the device using the signal to control the vibration motor ("The vibration control section 35 outputs a control command for operating the vibration mechanism 21 to the vibration device 20 on the basis of content of the vibration instruction received by the vibration instruction reception section 33. The vibration device 20 generates vibration of the strength or frequency appropriate to the content of the vibration instruction by operating the vibration mechanism 21 on the basis of the control command. Thereby, a body of the vibration device 20 can be vibrated in accordance with conditions of a game etc. executed by the application execution section 32" col. 4, lines 11-21) wherein the system further adjusts vibration signals based on user settings ("FIG. 4 illustrates one example of the correction information recorded in the storage section 12 of the vibration control apparatus 10 in the case in which the designation regarding the correction content of the vibration is received from each user as described above. In an example illustrated in FIG. 4, each user designates a correction amount of the strength of the vibration with a value in each game. The correction information acquisition section 34 reads out the correction information that is associated with the user specified by the user specification section 31 and a kind of application program currently executed by the application execution section 32. The vibration control section 35 performs a correction for strengthening or weakening the strength of the vibration in accordance with the correction information. This allows the user to vibrate the vibration device 20 in accordance with his/her own desirable strength in each game." col. 6, lines 2-18) and Cruz teaches a vibrating device comprises one or more processors and one or more memories storing (abstract and Fig. 1, items 112 and 122) comprising frequency characteristic data on a voltage allowed to be inputted to the vibration motor (paragraph [0019] actuator includes a motor) at each frequency (Fig. 3 and paragraphs [0022] and [0038]-[0039] see lookup table wherein a frequency is matched with a voltage to control the actuator with examiner recognizing that a listed frequency and voltage would be an allowed frequency and motor since the purpose of the table is to control the actuator) and (ii) program code that, when executed, causes the controller to perform operations comprising, receiving the transmitted vibration instruction data, determining at least one of an allowable value indicating (i) the voltage allowed to be inputted or (ii) the voltage allowed to be outputted by referring to the frequency characteristic data based on the frequency derived from the received vibration instruction data (Fig. 3 and paragraphs [0022] and [0038]-[0039] see lookup table wherein a frequency is matched with a voltage to control the actuator with examiner recognizing that a listed frequency and voltage would be an allowed frequency and motor since the purpose of the table is to control the actuator), determining an adjusted amplitude value based on the amplitude derived from the vibration instruction data and the determined allowable value (paragraph [0015] "The resultant overdriven frequency response is at a higher amplitude than the non-overdriven response. By using an overdrive voltage, a relatively inexpensive actuator such as an LRA can achieve a fast response time and higher dynamic range that is similar to more expensive types of actuators"), generating control data based on the frequency derived from the received vibration instruction data and the adjusted amplitude value, and executing control of the vibration motor based on the control data (Fig. 8, item 860 and paragraph [0040]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Nakagawa with Cruz, since Nakagawa is modifiable to include the feature of the voltage lookup table based on frequency, as taught by Cruz, since this allows for a fast and efficient way to match voltage to a desired frequency and insures that only allowed values are used and to use the overdrive feature matched to this table in order to better control the amplitude of the vibration in order to better match user preferences set in Nakagawa.
Claim(s) 4-5 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa et al. (US Pat. No. 11,458,389 B2 hereinafter referred to as Nakagawa) and Cruz-Hernandez et al. (US Pub. No. 2014/0218185 A1 hereinafter referred to as Cruz) in view of Nakagawa et al. (US Pub. No. 2020/0086215 A1).
As per claims 4 and 9, Nakagawa does not specifically teach a system or medium further comprising a plurality of types of controllers, wherein the frequency characteristic data is different depending on the types of the controllers. However, Nakagawa et al. teaches a vibration system for controllers (abstract) wherein different frequency characteristics are used for different type of controllers (paragraph [0226]). Hence, it would have been obvious to one of ordinary skill in the art to have combined the teachings of Nakagawa with Cruz and Nakagawa et al., since by including different types of vibration controls for a plurality of controller types since the different housings of a controller may modify the vibration feedback and therefore need adjusting (paragraph [0226] of Nakagawa et al.).
As per claims 5 and 10, Nakagawa does not teach a system or medium wherein the plurality of types of the controllers comprise vibration motors different in characteristic depending on the types, respectively. However, Nakagawa does teach more than one means to generate a vibration in a controller ("The vibration mechanism 21 may be various vibration generating devices such as a linear resonant actuator, a voice coil motor, or an eccentric motor" col. 2, lines 32-25) and Nakagawa et al. teaches a vibration system for controllers (abstract) wherein different frequency characteristics are used for different type of controllers (paragraph [0226]). Hence, it would have been obvious to one of ordinary skill in the art to have combined the teachings of Nakagawa with Cruz and Nakagawa et al., since different controllers may include different motors, see Nakagawa as an example of different possible motors, based on supply chains or desired design.
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 § 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.
Claims 1-11 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19000202 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to controlling the vibration of a controller via computing device including determining vibration information from a signal which includes allowable frequency and voltage and adjusting of amplitude. See below. As per dependent claims both sets of claims include similar language in further clarifying vibration information or structure of the system. Therefore the claims are not patentably distinct.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Current Application
Claims:19000202
Reason
1. vibration control system comprising: a computer device;
1. wherein the computer device comprises one or more processors and one or more memories storing program code that, when executed, causes the computer device to perform operations comprising:
1. A vibration control system that controls a vibration motor, the vibration control system comprising: one or more processors; and one or more memories storing program code that, when executed by the one or more processors, causes the vibration control system to perform operations comprising
13. to be used in a vibration system comprising a computer device and a controller, the program being to be executed by a computer of the controller.
14. wherein the controller is an operation portion separate from the computer device.
The combination of elements of claim 1 and claims 13-14 of 19000202 read on a separate computer device and separate controller. The computer device being the system sending the signal.
1. a controller comprising a vibration motor
1. controls a vibration motor
Both control a vibration motor with the previous cited portion showing the vibration system is controlling a controller to vibrate.
1.generating vibration instruction data that designates a frequency and an amplitude of vibration of the vibration motor, and transmitting the vibration instruction data to the controller, and the controller comprises one or more processors and one or more memories storing (i) frequency characteristic data on a voltage allowed to be inputted to the vibration motor at each frequency or a voltage allowed to be outputted from an amplifier that controls the vibration motor at each frequency
4. wherein the vibration instruction data is data that further indicates a frequency, the vibration control system further comprises storing frequency characteristic data on a voltage allowed to be inputted to the vibration motor at each frequency or a voltage allowed to be outputted from an amplifier that controls the vibration motor at each frequency, and the operations further comprise: determining an allowable value of the voltage allowed to be inputted or the voltage allowed to be outputted by referring to the frequency characteristic data based on the frequency designated by the vibration instruction data, and determining the amplitude to be used for control based on he determined allowable value.
Both generate vibration based on received instructions using frequency and amplitude for an allowed value.
1. and (ii) program code that, when executed, causes the controller to perform operations comprising, receiving the transmitted vibration instruction data, determining at least one of an allowable value indicating (i) the voltage allowed to be inputted or (ii) the voltage allowed to be outputted by referring to the frequency characteristic data based on the frequency derived from the received vibration instruction data, determining an adjusted amplitude value based on the amplitude derived from the vibration instruction data and the determined allowable value, generating control data based on the frequency derived from the received vibration instruction data and the adjusted amplitude value, and executing control of the vibration motor based on the control data.
4. wherein the vibration instruction data is data that further indicates a frequency, the vibration control system further comprises storing frequency characteristic data on a voltage allowed to be inputted to the vibration motor at each frequency or a voltage allowed to be outputted from an amplifier that controls the vibration motor at each frequency, and the operations further comprise: determining an allowable value of the voltage allowed to be inputted or the voltage allowed to be outputted by referring to the frequency characteristic data based on the frequency designated by the vibration instruction data, and determining the amplitude to be used for control based on he determined allowable value.
The amplitude is determined or adjusted based on the determination of the allowed voltage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wolf et al. (US Pub. No. 2024/0134456 A1) teaches a haptic feedback device wherein a controller is configured to control a frequency and amplitude of the vibration motor based on the received instructions.
Konishi et al. (US Pub. No. 2020/0238169 A1) teaches a vibration control apparatus wherein vibration instruction data is defined in accordance with the amplitude and frequency of a vibration waveform.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN L MYHR whose telephone number is (571)270-7847. The examiner can normally be reached 10AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN L MYHR/Primary Examiner, Art Unit 3715 7/10/2026
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