DETAILED ACTION
Claims 2-21 filed April 25th 2025 are pending in the current 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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim(s) 2-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner et al. (US2016/0313801) in view of Jain (US2016/0085397)
Consider claim 2 where Wagner teaches a system for gesture-based control, the system comprising: a wearable device configured to be worn at a wrist of a user, (See Wagner Fig. 12B) the wearable device comprising: one or more sensors configured to be disposed adjacent to an external surface of a skin portion of the user, wherein the skin portion is disposed at a body portion comprising peripheral nerve tissue that is biologically coupled to a central nervous system of the user; (See Wagner ¶164-166, 69 where the wrist mounted device comprises a plurality of bio-potential sensors 12 placed at the body of the user, wherein the bio-potential sensors include at least one surface nerve conduction sensor for detecting a surface nerve conduction signal from the three main nerves: the Median nerve, the Ulnar nerve, and the Radial nerve, as performed in standard medical diagnostic nerve conduction studies.) and one or more processors; wherein the system is configured to: obtain, using the one or more sensors, physiological data relating to nerve and/or muscle activations generated at least in part by the peripheral nerve tissue; detect, based on the physiological data, a first gesture performed by at least a first finger of a hand of the user; (See Wagner Figs. 14A-D, 17 and ¶159-162, 178-179 a gesture of tapping 220 two fingers together identified by smart watch 160, in accordance with some embodiments of the present invention. Tapping 220 at least two fingers together may select items on screen 162 of smart watch 160, for example.)
Wagner teaches a gesture for selecting icons (See Wagner ¶151) however, Wagner does not explicitly teach detect, based on the physiological data, a second gesture performed by at least the first finger of the hand, wherein the second gesture occurs after the first gesture and wherein the first gesture and the second gesture comprise the same gesture; perform an action in response to detecting the first and second gesture. However, in an analogous field of endeavor Jain teaches detect, based on the physiological data, a second gesture performed by at least the first finger of the hand, wherein the second gesture occurs after the first gesture and wherein the first gesture and the second gesture comprise the same gesture; perform an action in response to detecting the first and second gesture. (See Jain ¶18 where Inputs that the computing device may receive to manage notifications include a user tapping (i.e., a tap) or a user tapping twice (i.e., a double tap) within a period of time. The computing device may also include one or more sensors capable of detecting one or more bionic inputs based on signals produced by a user's body, such as muscle or tendon flexures, nerve-related electrical signals, brain wave patterns, changes in galvanic skin response, and thermal emissions.) Therefore, it would have been obvious for one of ordinary skill in the art that the tap gesture of Wagner could be repeated as a double tap gesture as taught by Jain for a different control command. One of ordinary skill in the art would have been motivated to perform the modification for the advantage of/ benefit of implementing other widely known gestures in addition to the gestures shown in Wagner Figs. 14A-D for other user-friendly inputs.
Consider claim 3, where Wagner in view of Jain teaches the system of claim 2, wherein the first finger is an index finger. (See Wagner Figs. 14C, 17 and ¶161-162, 178)
Consider claim 4, where Wagner in view of Jain teaches the system of claim 3, wherein the first gesture and the second gesture comprise moving the first finger towards a thumb of the hand. (See Wagner Figs. 14C, 17 and ¶161-162, 178)
Consider claim 5, where Wagner in view of Jain teaches the system of claim 2, wherein the first gesture and the second gesture are performed by the first finger and a second finger of the hand, and wherein the first finger is an index finger and the second finger is a thumb. (See Wagner Figs. 14C, 17 and ¶161-162, 178)
Consider claim 6, where Wagner in view of Jain teaches the system of claim 5, wherein the first gesture and the second gesture comprise movement of the first finger and the second finger towards each other. (See Wagner Figs. 14C, 17 and ¶161-162, 178)
Consider claim 7, where Wagner in view of Jain teaches the system of claim 5, wherein the first gesture and the second gesture each involve a first movement by the first finger and a second movement by the second finger, wherein the first movement and the second movement are different. (See Wagner Figs. 14C, 17 and ¶161-162, 178 where the index finger moves towards the thumb and the thumb moves towards the index finger)
Consider claim 8, where Wagner in view of Jain teaches the system of claim 2, wherein a tapping gesture is performed (See Wagner ¶164-166, 69 where the wrist mounted device comprises a plurality of bio-potential sensors 12 placed at the body of the user, wherein the bio-potential sensors include at least one surface nerve conduction sensor for detecting a surface nerve conduction signal from the three main nerves: the Median nerve, the Ulnar nerve, and the Radial nerve, as performed in standard medical diagnostic nerve conduction studies.) however, Wagner does not explicitly teach wherein the action is not performed in response to detecting the first gesture without detection of the second gesture. However, in an analogous field of endeavor Jain teaches wherein the action is not performed in response to detecting the first gesture without detection of the second gesture. (See Jain Fig. 12 and ¶41-48 where a single tap will bring up the notification screen and a second tap will permanently dismissed display notification/launch application, thus the launch application action is not performed without the detection of the second tap) Therefore, it would have been obvious for one of ordinary skill in the art that the tap gesture of Wagner could be repeated as a double tap gesture as taught by Jain for a different control command. One of ordinary skill in the art would have been motivated to perform the modification for the advantage of/ benefit of implementing other widely known gestures in addition to the gestures shown in Wagner Figs. 14A-D for other user friendly inputs.
Consider claim 9, where Wagner in view of Jain teaches the system of claim 2, wherein the action comprises selecting an indicated graphical element on a display. (See Wagner Figs. 14A-D, 17 and ¶159-162, 178-179 a gesture of tapping 220 two fingers together identified by smart watch 160, in accordance with some embodiments of the present invention. Tapping 220 at least two fingers together may select items on screen 162 of smart watch 160, for example.)
Consider claim 10, where Wagner in view of Jain teaches the system of claim 2, wherein the action comprises opening an incoming message. (See Jain Fig. 12 and ¶41-48 where a single tap will bring up the notification screen and a second tap will permanently dismissed display notification/launch application, thus the launch application action is not performed without the detection of the second tap) Therefore, it would have been obvious for one of ordinary skill in the art that the tap gesture of Wagner could be repeated as a double tap gesture as taught by Jain for a different control command. One of ordinary skill in the art would have been motivated to perform the modification for the advantage of/ benefit of implementing other widely known gestures in addition to the gestures shown in Wagner Figs. 14A-D for other user-friendly inputs.
Consider claim 11, where Wagner in view of Jain teaches the system of claim 2, wherein the one or more sensors comprise an inertial measurement unit (IMU). (See Wagner ¶154 where Inertial Measurement Units (IMU) may be used to measure rough movements of hand 150.)
Consider claim 12, where Wagner in view of Jain teaches the system of claim 2, wherein the one or more sensors comprise a biopotential sensor configured to detect biopotentials. (See Wagner ¶164-166, 69 where the wrist mounted device comprises a plurality of bio-potential sensors 12 placed at the body of the user, wherein the bio-potential sensors include at least one surface nerve conduction sensor for detecting a surface nerve conduction signal from the three main nerves: the Median nerve, the Ulnar nerve, and the Radial nerve, as performed in standard medical diagnostic nerve conduction studies.)
Consider claim 13, where Wagner teaches a method for gesture-based control, the method comprising: obtaining, using one or more sensors of a wearable device configured to be worn at a wrist of a user, (See Wagner Fig. 12B) physiological data relating to nerve and/or muscle activations generated at least in part by peripheral nerve tissue, wherein the one or more sensors are configured to be disposed adjacent to an external surface of a skin portion of the user, and wherein the skin portion is disposed at a body portion comprising the peripheral nerve tissue that is biologically coupled to a central nervous system of the user; (See Wagner ¶164-166, 69 where the wrist mounted device comprises a plurality of bio-potential sensors 12 placed at the body of the user, wherein the bio-potential sensors include at least one surface nerve conduction sensor for detecting a surface nerve conduction signal from the three main nerves: the Median nerve, the Ulnar nerve, and the Radial nerve, as performed in standard medical diagnostic nerve conduction studies.) detecting, based on the physiological data, a first gesture performed by at least a first finger of a hand of the user; (See Wagner Figs. 14A-D, 17 and ¶159-162, 178-179 a gesture of tapping 220 two fingers together identified by smart watch 160, in accordance with some embodiments of the present invention. Tapping 220 at least two fingers together may select items on screen 162 of smart watch 160, for example.)
Wagner teaches a gesture for selecting icons (See Wagner ¶151) however, Wagner does not explicitly teach detect, based on the physiological data, a second gesture performed by at least the first finger of the hand, wherein the second gesture occurs after the first gesture and wherein the first gesture and the second gesture comprise the same gesture; perform an action in response to detecting the first and second gesture. However, in an analogous field of endeavor Jain teaches detect, based on the physiological data, a second gesture performed by at least the first finger of the hand, wherein the second gesture occurs after the first gesture and wherein the first gesture and the second gesture comprise the same gesture; perform an action in response to detecting the first and second gesture. (See Jain ¶18 where Inputs that the computing device may receive to manage notifications include a user tapping (i.e., a tap) or a user tapping twice (i.e., a double tap) within a period of time. The computing device may also include one or more sensors capable of detecting one or more bionic inputs based on signals produced by a user's body, such as muscle or tendon flexures, nerve-related electrical signals, brain wave patterns, changes in galvanic skin response, and thermal emissions.) Therefore, it would have been obvious for one of ordinary skill in the art that the tap gesture of Wagner could be repeated as a double tap gesture as taught by Jain for a different control command. One of ordinary skill in the art would have been motivated to perform the modification for the advantage of/ benefit of implementing other widely known gestures in addition to the gestures shown in Wagner Figs. 14A-D for other user-friendly inputs.
Consider claim 14, where Wagner in view of Jain teaches the method of claim 13, wherein the first finger is an index finger. (See Wagner Figs. 14C, 17 and ¶161-162, 178)
Consider claim 15, where Wagner in view of Jain teaches the method of claim 14, wherein the first gesture and the second gesture comprise moving the first finger towards a thumb of the hand. (See Wagner Figs. 14C, 17 and ¶161-162, 178)
Consider claim 16, where Wagner in view of Jain teaches the method of claim 13, wherein the first gesture and the second gesture are performed by the first finger and a second finger of the hand, and wherein the first finger is an index finger and the second finger is a thumb. (See Wagner Figs. 14C, 17 and ¶161-162, 178)
Consider claim 17, where Wagner in view of Jain teaches the method of claim 16, wherein the first gesture and the second gesture comprise movement of the first finger and the second finger towards each other. (See Wagner Figs. 14C, 17 and ¶161-162, 178 where the index finger moves towards the thumb and the thumb moves towards the index finger)
Consider claim 18, where Wagner in view of Jain teaches the method of claim 16, wherein the first gesture and the second gesture each involve a first movement by the first finger and a second movement by the second finger, wherein the first movement and the second movement are different. (See Wagner Figs. 14C, 17 and ¶161-162, 178 where the index finger moves towards the thumb and the thumb moves towards the index finger)
Consider claim 19, where Wagner in view of Jain teaches the method of claim 13, wherein a tapping gesture is performed (See Wagner ¶164-166, 69 where the wrist mounted device comprises a plurality of bio-potential sensors 12 placed at the body of the user, wherein the bio-potential sensors include at least one surface nerve conduction sensor for detecting a surface nerve conduction signal from the three main nerves: the Median nerve, the Ulnar nerve, and the Radial nerve, as performed in standard medical diagnostic nerve conduction studies.) however, Wagner does not explicitly teach wherein the action is not performed in response to detecting the first gesture without detection of the second gesture. However, in an analogous field of endeavor Jain teaches wherein the action is not performed in response to detecting the first gesture without detection of the second gesture. (See Jain Fig. 12 and ¶41-48 where a single tap will bring up the notification screen and a second tap will permanently dismissed display notification/launch application, thus the launch application action is not performed without the detection of the second tap) Therefore, it would have been obvious for one of ordinary skill in the art that the tap gesture of Wagner could be repeated as a double tap gesture as taught by Jain for a different control command. One of ordinary skill in the art would have been motivated to perform the modification for the advantage of/ benefit of implementing other widely known gestures in addition to the gestures shown in Wagner Figs. 14A-D for other user-friendly inputs.
Consider claim 20, where Wagner in view of Jain teaches the method of claim 13, wherein the action comprises selecting an indicated graphical element on a display. (See Wagner Figs. 14A-D, 17 and ¶159-162, 178-179 a gesture of tapping 220 two fingers together identified by smart watch 160, in accordance with some embodiments of the present invention. Tapping 220 at least two fingers together may select items on screen 162 of smart watch 160, for example.)
Consider claim 21, where Wagner in view of Jain teaches the method of claim 13, wherein the action comprises opening an incoming message. (See Jain Fig. 12 and ¶41-48 where a single tap will bring up the notification screen and a second tap will permanently dismissed display notification/launch application, thus the launch application action is not performed without the detection of the second tap) Therefore, it would have been obvious for one of ordinary skill in the art that the tap gesture of Wagner could be repeated as a double tap gesture as taught by Jain for a different control command. One of ordinary skill in the art would have been motivated to perform the modification for the advantage of/ benefit of implementing other widely known gestures in addition to the gestures shown in Wagner Figs. 14A-D for other user-friendly inputs.
Conclusion
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WILLIAM LU
Primary Examiner
Art Unit 2624
/WILLIAM LU/Primary Examiner, Art Unit 2624