Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
2. This office action is in response to the Applicant Election filled on 03/29/2026. Currently, claims 1-32 are pending in the application. Claims 4, 8-9, 15, 20 and 24-32 are withdrawn from Consideration.
Election/Restrictions
3. Applicant's election with traverse of species I (Figure 2-4b), claims 1-32 in the reply filed on 03/29/2026 is acknowledged.
The first traversal is on the ground(s) that the examination of 1-3, 5-7, 10-14, 16-19, 21-23 would not present an undue burden on the Examiner, and respectfully request reconsideration and withdrawal of the Restriction Requirement.
Since, claims 4, 8-9, 15, 20 and 24-32 does not read on the elected species of I (Figure 2-4b), claims 4, 8-9, 15, 20 and 24-32 are withdrawn from further consideration. Only claims 1-3, 5-7, 10-14, 16-19, 21-23 are elected by Examiner.
The second traversal on the ground of arguments (page 2-3) are not persuasive.
This is not found persuasive and the Examiner has already established burden (as defined in M.P.E.P. 808.02) in the restriction requirement dated 08/30/2024. There is a search and/or examination burden for the patentably distinct species or device/method claims, wherein they require a different field of search (e.g., searching different classes/subclasses or electronic resources or non-patent language, or deploying different search queries); and/or the prior art applicable to one invention would not likely be applicable to another; and/or the inventions are likely to raise different non-prior art issues under 35 U.S.C 101 and/or 35 U.S.C 112, first paragraph. Therefore, the requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 103
4. 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 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 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 of this title, 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.
5. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
6. Claims 1-3, 5-7, 10-14, 16-19, 21-23 are rejected under 35 U.S.C. 103(a) as being unpatentable over Rast (US 20030216228 A1) in view of Molinaroli (US Pat 6265984 B1) and further in view of Oister (US 20030109338 A1) and further in view of Partovi (US 20090096413 A1).
Regarding claim 1, Rast discloses a device (para 175, ball transmit information about impact acceleration, rolling status, and so forth, para 150, small portable electronic device which mounts near hands of an athlete (i.e. as toy device) or associated sports equipment, such as a golf club, tennis racket, baseball bat, and so forth (i.e. as an amusement of a pet), Applicant describe as in [014] of published application that “device may be substantially sphere shaped similar to play ball, and may be used as a toy for the amusement of a person or a pet. The ball shape may be similar to cricket, baseball, basketball, football, soccer, tennis, rugby, golf, or volleyball play ball”), comprising:
a motion sensor that produces an output signal responsive to a motion of the device (para 05, an apparatus for attachment to swinging forms of athletic equipment that generates audio in response to motion (i.e. output signal), para 05, athletic equipment that generates audio in response to patterns of motion, and a strength training device, para 233, controller receives input from a motion sensing means (i.e. motion sensor ) which is detected by a processor, para 59, setting of the impact registration control alters sparring partner audio, impact setting moaning output, generating a higher pitched voice (i.e. output signal), para 62, tracks information about strikes registered during a "session", which output in various forms, communicated to other devices (i.e. motion of the device), para 346, Fig. 17, A controller 422 regulates the activity of the ball and registers inputs sources, such as motion 424);
a Light Emitting Diode (LED) that emits a visible light (para 49, Visual display --whereupon the configuration settings of the device seen and upon which historical information and so forth displayed, para 228, displays utilized, such as LCD, LED, plasma, and so forth, para 50, display information, such as measured hit impact graphs, para 62, Unit tracks information about strikes registered during a "session", or bout, which may be output in various forms, such as in display (i.e. as visible lights), or communicated to other devices, number of hits, settings of the device, para 299, device emits moans, groans, and even screams, in response to the intensity of the impacts, para 197, balls may detect from light from surface of the balls, light source being a laser light source, para 372, provide output to be generated as lights (i.e. as visible lights), video, or combinations thereof);
a software and a processor for executing the software (para 130, motions of the bag are filtered out and differentiated from impacts and system use signal processing in software, claim 52, computer circuit adapted with executable programming for converting accelerations to audio signal for responsive to accelerations, para 336, programming that is adapted for execution within microprocessor performs functions as shown in the block diagram shown in FIG. 10);
a rechargeable battery for powering the device (para 174, powered by a method selected from the following (1) primary batteries, (2) rechargable cells, (3) inductive charging (of battery or capacitor), para 336, Power for the unit is provided by a power source 212, para 117, powered by a battery or similar portable power source);
a ball-shaped enclosure that houses the motion sensor, the LED, the electric motor, the processor, the rechargeable battery, the connector, and the timer (Fig. 6, para 345-346, FIG. 17 golf ball, power control block 414, impact power device 418, controller 422, motion 424, RF unit 428, antenna 412, para 348, Fig. 18, controller 502 receives power from a power source 504, ball sensor 510, RF output 512, ball receptacle 532, user interface 532, position sensor 508, para 276, Fig. 17, golf ball of FIG. 16, para 348, FIG. 18, controller 502 receives power from a power source 504 preferably powered by a fuel cell, battery or other portable unit, para 176, ball contains a transmitter, source of electrical power, sensors, output device).
Rast specifically fails to disclose device for an amusement of a pet;
an electric motor for affecting a physical movement’
a timer for measuring a time period;
a connector for connecting to a Direct Current (DC) power source for charging the rechargeable battery; and
wherein the device is configured to activate or control, for a pre-determined time period, the LED or the electric motor, in response to the output signal.
In analogous art, Molinaroli discloses device for an amusement of a pet (col. 10, lines 58-61, devices with housings in the shape of game ball, hatchets or baseball bats, and other types of items including novelty toys (i.e. as an amusement of a pet), such as play light swords, col. 25, lines 59-col. 26, lines 1-20, device may comprise: wrist or ankle band, or a child's toy; or motorized, non-motorized, or radio controlled toy car, col. 22, lines 60-67, timer is initiated when timer bit is set, program accesses timer repeatedly to initiate measurement);
an electric motor for affecting a physical movement ( col. 7, lines 52-67, Fig. 5, motor 74, motor mounted on base of device. AC synchronous-type motors stay at a constant RPM and direct-driven by a standard household AC current. Suitable motors include standard DC motors, induction-style motors, stepper motors with drivers and detect direction of motor rotation (i.e. for physical movement), col. 26, lines 35-60, Fig. 28, ball and socket for user to modify viewing angle, an electric motor, or engine for moving directly or indirectly; a stepper driver, DC drive, or mechanical transmission for controlling speed of electric motor, electric motor is used to rotate device on a single axis for moving data on a single plane (i. e., physical movement));
wherein the device is configured to activate or control, for a pre-determined time period, the LED or the electric motor, in response to the output signal (col. 19, lines 60-65, Fig. 25, display on toy, frisbees, game balls, that activate display, claim 1, sensors enables microprocessor turns individual light emitters on and off in a time-controlled manner, col. 18, lines 16-25, microprocessor 13 wakes up upon receiving input an input from activation switch 16 (i.e. in response to output signal), col. 9, lines 25-35, display device display ASCII characters, or symbols, or graphics when the device is moved back and forth, in a circle, or in some other repeated motion based on activation and received data, col.15, lines 54-57, activate display by activating sensor, sensor initiates operation of display when it senses motion (i.e. in response to signal), col. 23, lines 58-67, turning display on and off and to activate tilt, or switches, etc where sensors to detect to activate sensors, sensor is hit after sensor is activated (i.e. in response to output signal), col. 19, lines 60-67, system(s) in the yo-yo, that activate display in response to output signal).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to charge the power source of the device disclosed by Rast to use game device to adapt signal from motor to processor giving position information as taught by Molinaroli to enable direct or indirect viewing of the graphics in order that graphics, words or messages are displayed when the display device is moved at or above a rate of speed sufficient to be viewed by humans. [Molinaroli, col. 1, lines 5-13].
Rast and Molinaroli fails to discloses a timer for measuring a time period;
a connector for connecting to a Direct Current (DC) power source for charging the rechargeable battery.
In analogous art, Oister discloses a timer for measuring a time period (Abstract, ball having integrated timers for measuring or counting at least one time period).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to charge the power source of the device disclosed by Rast and Molinaroli to include clocks or timers for recreational sport balls having clocks or timers as taught by Oister to use control panel which have a display that receive a signal from the timer to display the current time, the time period select length to count up or down with the timer and to for measuring or counting accurate time period [Oister, para 16].
Rast and Molinaroli and Oister fails to discloses a connector for connecting to a Direct Current (DC) power source for charging the rechargeable battery.
Partovi additionally discloses a connector for connecting to a Direct Current (DC) power source for charging the rechargeable battery (para 04, devices include a rechargeable internal battery that charged by an external power supply or charger, power supply provides direct current (DC) voltage through connector to the device , para 91, receiver comprise coils, windings, or any wire that can sense a changing magnetic field, and rectify to produce a direct current (DC) voltage, which used to charge or power device or battery, para 300, (DC) power for charging/powering a device, Power Transfer as (DC) power out from receiver divided by (DC) power into the charger or power consumed by electronics., para 439, The unit connected to outlet or to an external (DC) power source such as power from an outlet, para 442, charger or power supply into a case for device, charging circuitry can be powered by plugging into an outlet power and powered through an outlet directly by wires or wirelessly through an inductive charging system and power input from electrical outlet [ 437].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to charge the power source of the device disclosed by Rast and Molinaroli and Oister to use portable inductive power source, power device, or unit, for use in powering or charging electrical, electronic, battery-operated, mobile, and other devices or rechargeable batteries as taught by Partovi to use device for inductive power charging that includes battery, rechargeable battery power input from an electrical outlet so that users continue to charge devices properly [Partovi, para 437].
Regarding claim 2, Rast discloses the device according to claim 1, further comprising an induction-based battery charger in the enclosure for contactless charging of the rechargeable battery (para 174, powered by a method selected from the following (1) primary batteries, (2) rechargable cells, (3) inductive charging (of battery or capacitor), para 309, powered by an internal source or by received RF or inductive power (i.e., contactless charging)).
Regarding claim 3, Rast fails to discloses the device according to claim 2, wherein the battery charger comprises an induction coil configured to inductively receive AC power when in an electromagnetic field; and to charge the rechargeable battery from the received AC power.
In analogous art, Molinaroli discloses the device according to claim 2, wherein the battery charger comprises an induction coil configured to inductively receive AC power when in an electromagnetic field; and to charge the rechargeable battery from the received AC power (col. 24, lines 24-30, power connector for connection to outside power source comprises battery, electrically induced power device, col. 14, lines 35-37, electromagnetic energy induced through coils, where coil will induce AC power for charging, col. 8, lines 7-12, to power, rechargeable batteries used or, electromagnetically induced power through energized, electrically wound coils to induced power, col. 16, lines 33-40, device powered by 120V AC (i.e., AC power)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to charge the power source of the device disclosed by Rast to use game device to adapt signal from motor to processor giving position information as taught by Molinaroli to enable direct or indirect viewing of the graphics in order that graphics, words or messages are displayed when the display device is moved at or above a rate of speed sufficient to be viewed by humans. [Molinaroli, col. 1, lines 5-13].
Regarding claim 5, Rast discloses the device according to claim 1, wherein the motion sensor comprises an accelerometer (para 33, impact intensity sensor, such as accelerometer, para 346, Fig. 17, A controller 422 regulates the activity of the ball and registers inputs sources, such as motion 424).
Regarding claim 6, Rast discloses the device according to claim 5, wherein the accelerometer comprises, consists of, uses, or is based on, a piezoelectric, piezoresistive, capacitive, Micro-mechanical Electrical Systems (MEMS), or electromechanical accelerometer (para 33, impact intensity sensor, such as accelerometer , para 181, Sensors utilizing piezoelectric material, para 294, device use piezoelectric transducer, para 340, power source may be utilized such as capacitive power, solar power, fuel cell power, and the like).
Regarding claim 7, Rast discloses the device according to claim 5, wherein the producing comprises producing the output signal in response to an absolute acceleration or to a relative-to-freefall acceleration of the enclosure, and wherein the accelerometer is a single-axis, two-axis, or a three-axis accelerometer (para 152, Accelerations are preferably detected in from two to three physical dimensions, unique contribution of each axis of acceleration, para 269, FIG. 10 device shown with functions for processing a multitude of accelerations axis, para 295, accelerations in three axis provides for greatest accuracy, para 335, One or more acceleration sensors 194 provide sensing of one and preferably three axis is acceleration data, para 337, Accelerations, in one or more axis that exceed swing thresholds of the device).
Regarding claim 10, Rast discloses the device according to claim 1, wherein the LED consists of, or comprises, a single-color Light Emitting Diode (LED) or a multi-color LED (para 228, displays may be utilized, such as LCD, LED, Electronic ink, plasma, analog, and so forth).
Molinaroli discloses as in FIG. 2, multi-color LEDs 12 are preferred to allow more color ful displays [col. 4, lines 14-18].
Regarding claim 11, Rast fails to discloses the device according to claim 1, wherein the emitting comprises illuminating in multiple colors.
Molinaroli discloses as in FIG. 2, multi-color LEDs 12 are preferred to allow more color ful displays [col. 4, lines 14-18] and LEDs 54 that light in different colors to represent which push button 55 is depressed allowing the operator to see what is being displayed; a colored, flush-mounted LEDs 56 and to illuminate a translucent or transparent push button 55 [col. 6, lines 7-12].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rast to use game device to adapt signal from motor to processor giving position information as taught by Molinaroli to use an integrated processor for handling content for display and user interface for command and control of the external device may be presented in the eyepiece, and wherein feedback from the external device [Molinaroli, Abstract].
Regarding claim 12, Rast fails to discloses the device according to claim 1, further configured to signal a status by changing between colors.
Molinaroli discloses as in FIG. 2, multi-color LEDs 12 are preferred to allow more color ful displays [col. 4, lines 14-18] and LEDs 54 that light in different colors to represent which push button 55 is depressed allowing the operator to see what is being displayed; a colored, flush-mounted LEDs 56 and to illuminate a translucent or transparent button 55 [col. 6, lines 7-12], and To changes the color of the display, different colored translucent lens strips 167 [col. 20, lines 65-67].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to charge the power source of the device disclosed by Rast to use game device to adapt signal from motor to processor giving position information as taught by Molinaroli to enable direct or indirect viewing of the graphics in order that graphics, words or messages are displayed when the display device is moved at or above a rate of speed sufficient to be viewed by humans. [Molinaroli, col. 1, lines 5-13].
Regarding claim 13, Rast fails to discloses the device according to claim 12, wherein the status is indicated by steadiness, blinking, intensity level, duty-cycle, or flashing, of an illumination of the LED.
Molinaroli discloses as in FIG. 2, multi-color LEDs 12 are preferred to allow more colorful displays [col. 4, lines 14-18] and LEDs 54 that light in different colors to represent which push button 55 is depressed allowing the operator to see what is being displayed; a colored, flush-mounted LEDs 56 and to illuminate a translucent or transparent button 55 [col. 6, lines 7-12],
Th Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to renew the power source of the device disclosed by Rast to use game device to adapt signal from motor to processor giving position information as taught by Molinaroli to use an integrated processor for handling content for display and user interface for command and control of the external device presented in the eyepiece, and wherein feedback from external device [Molinaroli, Abstract].
Regarding claim 14, Rast fails to discloses the device according to claim 1, further comprising in the enclosure a numerical display configured to display one or more digits representing a number.
Molinaroli discloses LEDs to allow a main PC board, when moved, to give the illusion of alpha-numeric characters, and/or two- and three-dimensional (2-D, 3-D) shapes [col. 1, lines 40-50], and controls the graphic/alpha-numeric display 110 [col. 13, lines 22-35],
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to charge the power source of the device disclosed by Rast to use game device to adapt signal from motor to processor giving position information as taught by Molinaroli to include in devices with housing in the shape of game ball, miniature hatchets or baseball bats, and other types of items sold at sports matches. [Molinaroli, col. 25, lines 59-col. 26, lines 1-20].
Regarding claim 16, Rast fails to discloses the device according to claim 1, further comprising in the enclosure an alphanumeric display configured to display characters, numbers, letters, or symbols, and wherein the alphanumeric display consists of, or comprises, a flat-panel digital display for displaying graphical or text information.
Molinaroli discloses display is to incorporate two or more display PC boards in the device to enable 3D graphics, a flat PC board could be inserted inside the globe between the display PC board in the battery mount, flat PC board would be filled with LEDs in successive rows [col. 16, lines 4-10] and display graphics, words or message [Abstract] and graphics, text, or other images are displayed [col. 1, lines 10-15].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to charge the power source of the device disclosed by Rast to use game device to adapt signal from motor to processor giving position information as taught by Molinaroli to enable direct or indirect viewing of the graphics in order that graphics, words or messages are displayed when the display device is moved at or above a rate of speed sufficient to be viewed by humans. [Molinaroli, col. 1, lines 5-13].
Regarding claim 17, Rast discloses the device according to claim 16, wherein the alphanumeric display is based on, comprises, or uses, a Liquid Crystal Display (LCD), a Thin-Film Transistor (TFT), or a Field Emission Display (FED) display (para 197, The Light source being preferably a laser Light source, para 228, displays utilized, such as LCD, LED, Electronic ink, plasma, analog, and so forth).
Regarding claim 18, Rast discloses the device according to claim 1, wherein the device is configured to operate as a toy, and wherein the enclosure is configured, dimensioned, formed, or structured as a toy (para 175, ball transmit information about impact acceleration, rolling status, and so forth, para 150, small portable electronic device which mounts near hands of an athlete (i.e. as toy device) or associated sports equipment, such as a golf club, tennis racket, baseball bat, and so forth (i.e. as an amusement of a pet), Applicant describe as in [014] of published application that “device may be substantially sphere shaped similar to play ball, and may be used as a toy for the amusement of a person or a pet. The ball shape may be similar to cricket, baseball, basketball, football, soccer, tennis, rugby, golf, or volleyball play ball.”).
Molinaroli also discloses toy device (col. 10, lines 58-61, devices with housings in the shape of game ball, hatchets or baseball bats, and other types of items including novelty toys, such as play light display swords).
Regarding claim 19, Rast fails to discloses the device according to claim 1, further comprising a sensor coupled to the processor for producing a sensor output responsive to a physical phenomenon, wherein the activating or the controlling of the LED or of the electric motor is further in response to the sensor output.
In analogous art, Molinaroli discloses the device according to claim 1, further comprising a sensor coupled to the processor for producing a sensor output responsive to a physical phenomenon, wherein the activating or the controlling of the LED or of the electric motor is further in response to the sensor output (col. 19, lines 60-65, Fig. 25, display on toy, frisbees, game balls, that activate display, claim 1, sensors enables microprocessor turns individual light emitters on and off in a time-controlled manner, col. 18, lines 16-25, microprocessor 13 wakes up upon receiving input an input from activation switch 16 (i.e. in response to received data), col. 9, lines 25-35, display device display ASCII characters, or symbols, or graphics when the device is moved back and forth, in a circle, or in some other repeated motion based on activation and received data, col.15, lines 54-57, activate display by activating sensor, sensor initiates operation of display when it senses motion (i.e. in response to signal), col. 23, lines 58-67, turning display on and off and to activate tilt, or switches, etc where sensors to detect to activate sensors, sensor is hit after sensor is activated (i.e. in response to signal), col. 19, lines 60-67, system(s) in the yo-yo, that activate display in response to output signal).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to charge the power source of the device disclosed by Rast to use game device to adapt signal from motor to processor giving position information as taught by Molinaroli to include in devices with housing in the shape of game ball, miniature hatchets or baseball bats, and other types of items sold at sports matches. [Molinaroli, col. 25, lines 59-col. 26, lines 1-20].
Regarding claim 21, Rast discloses the device according to claim 20, wherein the electric sensor consists of, comprises, or is based on, a voltage or current sensor (para 181, number of sensors are fabricated that can generate a voltage in response to acceleration or material stress).
Regarding claim 22, Rast discloses the device according to claim 19, wherein the sensor is a light sensor (para 197, The light source being preferably a laser light source).
Regarding claim 23, Rast fails to discloses the device according to claim 22, wherein the light sensor consists of, comprises, or is based on, a photocell.
In analogous art, Molinaroli discloses the device according to claim 22, wherein the light sensor consists of, comprises, or is based on, a photocell (col. 3,l lines 58-65, switches 17 (shown in FIG. 5), and photosensors 18 (shown in FIG. 17), enable the microprocessor 13 to establish the direction of movement and thereby enable proper display and timing and col. 13, lines 5-10, speed can be determined by photo sensors, reed switches, etc., using speedometer, drive shaft to detect speed).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of the system to provide a more convenient way to charge the power source of the device disclosed by Rast to use game device to adapt signal from motor to processor giving position information as taught by Molinaroli to enable direct or indirect viewing of the graphics in order that graphics, words or messages are displayed when the display device is moved at or above a rate of speed sufficient to be viewed by humans. [Molinaroli, col. 1, lines 5-13].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mirza Alam whose telephone number is (469) 295-9286. The examiner can be reached on Monday-Thursday 7:30AM-6:00PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for Published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MIRZA F ALAM/Primary Examiner, Art Unit 2688
Prosecution Insights