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 .
Claims 1-19 are currently pending and prosecuted.
Claim Objections
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 18 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 contains the limitation, “the third elastic member wraps around the first spacer and the second spacer when the third elastic member.” (emphasis added). However, it is unclear to the Examiner what the phrase “when the third elastic member” is meant to modify, alter or change since the phrase does not make sense as currently presented. It appears this phrase was either included by mistake or the final portion of the limitation may be missing. As such, Claim 18 is considered indefinite. For purposes of examination, the Examiner will not consider the phrase “when the third elastic member” when reviewing Claim 18.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Agarwal et al., US PG-Pub 2024/0077946, hereinafter Agarwal.
Regarding Claim 1, Agarwal teaches a wearable apparatus (wearable device, [0032]; Figs. 3C-4A and 13A) comprising:
a first binding (wrist-wearable device 365, 1300) comprising:
a first elastic member (wearable band 1310) that is wrappable around a body part (Figs. 3C and 13A, and corresponding descriptions, showing the wrist-wearable device is wrapped around the wrist); and
at least one support member (sensors 1313) connected to the first elastic member (Figs. 3C and 13A, and corresponding descriptions; [0127], “sensors 1313 can be distributed on an inside and/or an outside surface of the wearable band 1310”);
wherein the first elastic member presses each connected support member against a body part when it is wrapped around a body part (Figs. 3C and 13A, and corresponding descriptions; [0126], “The wearable band 1310 can be configured to be worn by a user such that an inner (or inside) surface of the wearable structure 1311 of the wearable band 1310 is in contact with the user's skin. When worn by a user, sensors 1313 contact the user's skin.”); and
wherein each connected support member of the first binding comprises an incorporating means for incorporating a haptic device (Figs. 3C and 13A, and corresponding descriptions; [0124], [0136], “the wearable band 1310 includes one or more haptic devices 1346 (FIG. 13B; e.g., a vibratory haptic actuator) that are configured to provide haptic feedback (e.g., a cutaneous and/or kinesthetic sensation, etc.) to the user's skin”).
Regarding Claim 2, Agarwal teaches the apparatus of claim 1, further comprising:
a second binding (finger wearable device 330) comprising:
a second elastic member (EC haptic tactor layers 105) that is wrappable around a body part (Figs. 3A-3C, and corresponding descriptions, showing the layers wrapping around the finger of the user); and
at least one support member (EC haptic tactors 110) connected to the second elastic member (Figs. 1A-3B, and corresponding descriptions, showing how the tactors are connected to the layers);
wherein the second elastic member presses each connected support member against a body part when it is wrapped around a body part (Figs. 1A-3B, and corresponding descriptions, [0034], “the structure of each EC haptic tactor 110 is configured to allow for the application of accurate and precise localized haptic responses on a user's skin”); and
wherein each connected support member of the second binding comprises an incorporating means for incorporating a haptic device ([0034], “The EC haptic tactors 110 generate haptic responses (e.g., tactile pressure and/or vibrations) responsive to respective voltages applied to the EC haptic tactors 110.”).
Regarding Claim 3, Agarwal teaches the apparatus of claim 2, further comprising:
a spacer (wired connection 370) connected to a support member of the first binding and a support member of the second binding (Figs. 3C-4A, and corresponding descriptions, showing the wired connection connects the wrist-wearable device and the finger wearable device);
wherein the spacer establishes a fixed distance between he first binding and the second binding when the first and second bindings are wrapped around a body part (Figs. 3C-4A, and corresponding descriptions, showing the wired connection is a fixed distance between the wrist-wearable device and the finger wearable device);
wherein the spacer comprises at least one of:
a piece of fixed-length tubing and a wire extending through the tubing; a fixed-length rod; and an adjustable-length rod (Figs. 3C-4A, and corresponding descriptions, [0061], it would have been inherent to one of ordinary skill in the art prior to the effective filing date of the invention that a wired connection would consist of a length of tubing with a wire extending within it in order to protect the wired connection).
Regarding Claim 4, Agarwal teaches the apparatus of claim 2, wherein:
the apparatus comprises a first support member (sensors 1313) and a second support member (sensors 1313), both connected to the first elastic member (Figs. 3C and 13A, and corresponding descriptions; [0127], “sensors 1313 can be distributed on an inside and/or an outside surface of the wearable band 1310”);
the first support member is spaced apart from the second support member along the first elastic member (Figs. 1A, 2B-3C and 13A, and corresponding descriptions, showing the sensors 1313 are spaced apart along the wearable band);
the apparatus further comprises a third support member (EC haptic tactors 110) connected to the second elastic member (Figs. 1A-3B, and corresponding descriptions, showing how the tactors are connected to the layers); and
the third support member is positioned in-between the first support member and the second support member (Figs. 1A-3C and 13A, and corresponding descriptions, showing how the EC haptic tactors, located on the finger, is positioned between two of the sensors, located on the wrist).
Regarding Claim 5, Agarwal teaches the apparatus of claim 4, further comprising at least one of:
a first spacer (wired connection 370) connected to the first support member and the third support member (Figs. 3C-4A, and corresponding descriptions, showing the wired connection connects the wrist-wearable device and the finger wearable device); and
a second spacer (wired connection 370, connecting to a second finger) connected to the second support member and the third support member (Figs. 3C-4A, and corresponding descriptions, showing the wired connection connects the wrist-wearable device and the finger wearable device);
wherein the first spacer and the second spacer, either individually or collectively, establishes a fixed distance between the first binding and the second binding when the first and second bindings are wrapped around a body part (Figs. 3C-4A, and corresponding descriptions, showing the wired connection is a fixed distance between the wrist-wearable device and the finger wearable device).
Regarding Claim 6, Agarwal teaches the apparatus of claim 2, wherein:
the apparatus comprises a first support member (sensors 1313) and a second support member (sensors 1313), both connected to the first elastic member (Figs. 3C and 13A, and corresponding descriptions; [0127], “sensors 1313 can be distributed on an inside and/or an outside surface of the wearable band 1310”); and
the apparatus further comprises a third support member (EC haptic tactors 110) and a fourth support member (EC haptic tactors 110), both connected to the second elastic member (Figs. 1A-3B, and corresponding descriptions, showing how the tactors are connected to the layers).
Regarding Claim 7, Agarwal teaches the apparatus of claim 6, further comprising at least one of:
a first spacer (wired connection 370) connected to the first support member and the third support member (Figs. 3C-4A, and corresponding descriptions, showing the wired connection connects the wrist-wearable device and the finger wearable device); and
a second spacer (wired connection 370, connecting to a second finger) connected to the second support member and the fourth support member (Figs. 3C-4A, and corresponding descriptions, showing the wired connection connects the wrist-wearable device and the finger wearable device);
wherein the first spacer and the second spacer, either individually or collectively, establishes a fixed distance between the first binding and the second binding when the first and second bindings are wrapped around a body part (Figs. 3C-4A, and corresponding descriptions, showing the wired connection is a fixed distance between the wrist-wearable device and the finger wearable device).
Regarding Claim 8, Agarwal teaches the apparatus of claim 1, wherein:
the elastic member comprises at least one of an elastic band ([0131], “The wearable structure 1311 can be formed of an elastic material”) and a tension spring ([0138], [0141], “the watch body 1320 includes a single release mechanism 1329 or multiple release mechanisms (e.g., two release mechanisms 1329 positioned on opposing sides of the watch body 1320, such as spring-loaded buttons) for decoupling the watch body 1320 and the wearable band 1310”).
Regarding Claim 9, Agarwal teaches the apparatus of claim 1, wherein:
a support member of the first binding (retaining mechanism 1312) comprises:
a body that comprises plurality of peripheral loops ([0133], “The wearable band 1310 can include a retaining mechanism 1312 (e.g., a buckle, a hook and loop fastener, etc.) for securing the wearable band 1310 to the user's wrist or other body part.”); and
the elastic member is threaded through a peripheral loop of the support member, thereby connecting the support member to the first elastic member ([0133], “The wearable band 1310 can include a retaining mechanism 1312 (e.g., a buckle, a hook and loop fastener, etc.) for securing the wearable band 1310 to the user's wrist or other body part.”).
Regarding Claim 10, Agarwal teaches the apparatus of claim 9, further comprising:
a wedge piece (coupling mechanism 1316) insertable into a peripheral loop of the support member ([0138], “he coupling mechanism 1316 can allow for the watch body 1320 to be detachably coupled to the wearable band 1310 through a friction fit, magnetic coupling, a rotation-based connector, a shear-pin coupler, a retention spring, one or more magnets, a clip, a pin shaft, a hook and loop fastener, or a combination thereof.”), configured to lock the position of the support member relative to the first elastic member ([0138], “he coupling mechanism 1316 can allow for the watch body 1320 to be detachably coupled to the wearable band 1310 through a friction fit, magnetic coupling, a rotation-based connector, a shear-pin coupler, a retention spring, one or more magnets, a clip, a pin shaft, a hook and loop fastener, or a combination thereof.”).
Regarding Claim 11, Agarwal teaches the apparatus of claim 1, wherein:
the elastic member is a linear elastic member (Fig. 13A, and corresponding descriptions; showing the wearable band is linear); and
the linear elastic member comprises a loop-opening/closing feature on opposing linear ends thereof (Fig. 13A, and corresponding descriptions; [0133], “The wearable band 1310 can include a retaining mechanism 1312 (e.g., a buckle, a hook and loop fastener, etc.) for securing the wearable band 1310 to the user's wrist or other body part.”).
Regarding Claim 12, Agarwal teaches the apparatus of claim 1, wherein:
the support member of the first binding comprises:
a body (watch body 1320) that defines a face ([0137], [0155], “The watch body 1320 can include at least one display 1305”), wherein the face is orientated towards a body part when the first elastic member is wrapped around a body part ([0137], [0155], “at least one display 1305, for displaying visual representations of information or data to the user, including user-interface elements and/or three-dimensional virtual objects”); and
the incorporating means of the support member is provided on the face ([0137], “the coupling mechanism 1316 can be configured to receive a coupling surface proximate to the bottom side of the watch body 1320 (e.g., a side opposite to a front side of the watch body 1320 where the display 1305 is located)”) and comprises at least one of:
an adhesive; and a plurality of protrusions extending from the face for receiving a haptic device in a friction fit ([0138], “The coupling mechanism 1316 can allow for the watch body 1320 to be detachably coupled to the wearable band 1310 through a friction fit”).
Regarding Claim 13, Agarwal teaches the apparatus of claim 12, wherein:
the incorporating means comprises a plurality of radial protrusions ([0138], “The coupling mechanism 1316 can allow for the watch body 1320 to be detachably coupled to the wearable band 1310 through a friction fit, magnetic coupling, a rotation-based connector, a shear-pin coupler, a retention spring, one or more magnets, a clip, a pin shaft, a hook and loop fastener, or a combination thereof”, noting many of these would require a plurality of radial protrusions to effectively couple the watch body to the wearable band); and
at least two of the radial protrusions are spaced apart from one another such that a gap is defined therebetween (Fig. 13A, and corresponding descriptions; [0138], “The coupling mechanism 1316 can allow for the watch body 1320 to be detachably coupled to the wearable band 1310 through a friction fit, magnetic coupling, a rotation-based connector, a shear-pin coupler, a retention spring, one or more magnets, a clip, a pin shaft, a hook and loop fastener, or a combination thereof”, noting a gap between the protrusions would be required in order for the coupling).
Regarding Claim 14, Agarwal teaches a wearable apparatus for producing haptic stimuli ([0061], [0234]), the apparatus comprising:
the apparatus of claim 1 (See Rejection of Claim 1 above); and
a haptic device (EC haptic tactor 110) incorporated with at least one support member of the apparatus of claim 1 (See Rejection of Claim 1 above).
Regarding Claim 15, Agarwal teaches the apparatus of claim 14, wherein:
the haptic device comprises at least one of:
a vibrotactile motor ([0069], “Each array of EC haptic tactors 100 is configured to generate the physical characterization a quasi-static voltage-pressure behavior, a transient displacement response, and vibrotactile frequency response”);
an electro tactile rending device ([0042], “the semi-rigid tube 160 allows for the dielectric substance 130 to be stored at a location distinct from the generation of the haptic response (e.g., at the back of the fingertip while the haptic response is generated adjacent to the finger”); and
a fluid tactile rendering device ([0039], “the EC haptic tactor 110 is in fluid communication with an actuator pouch 112, a first end 114 of the actuator pouch 112 coupled between at least two opposing electrodes 140a and 140b, a dielectric substance 130, and an elastomer layer 170 that forms an expandable surface of a second end 116 of the actuator pouch 112”).
Regarding Claim 16, Agarwal teaches a wearable apparatus (wearable device, [0032]; Figs. 3C-4A) comprising:
a first binding (wrist-wearable device 365, 1300) comprising:
a first elastic member (wearable band 1310) that is wrappable around a body part (Figs. 3C and 13A, and corresponding descriptions, showing the wrist-wearable device is wrapped around the wrist); and
a first support member (sensors 1313) and a second support member (sensors 1313), both connected to the first elastic member (Figs. 3C and 13A, and corresponding descriptions; [0127], “sensors 1313 can be distributed on an inside and/or an outside surface of the wearable band 1310”);
wherein:
the first support member is spaced apart from the second support member along the first elastic member (Figs. 1A, 2B-3C and 13A, and corresponding descriptions, showing the sensors 1313 are spaced apart along the wearable band);
the first elastic member presses each connected support member against a body part when it is wrapped around a body part (Figs. 3C and 13A, and corresponding descriptions; [0126], “The wearable band 1310 can be configured to be worn by a user such that an inner (or inside) surface of the wearable structure 1311 of the wearable band 1310 is in contact with the user's skin. When worn by a user, sensors 1313 contact the user's skin.”); and
the first support member and the second support member each comprises an incorporating means for incorporating a haptic device (Figs. 3C and 13A, and corresponding descriptions; [0034], “The EC haptic tactors 110 generate haptic responses (e.g., tactile pressure and/or vibrations) responsive to respective voltages applied to the EC haptic tactors 110.”; [0124]);
a second binding (finger wearable device 330) comprising:
a second elastic member (EC haptic tactor layers 105) that is wrappable around a body part (Figs. 3A-3C, and corresponding descriptions, showing the layers wrapping around the finger of the user); and
a third support member (EC haptic tactors 110) and a fourth support member (EC haptic tactors 110), both connected to the second elastic member (Figs. 1A-3B, and corresponding descriptions, showing how the tactors are connected to the layers);
wherein:
the third support member is spaced apart from the fourth support member along the second elastic member (Figs. 1A-3B, and corresponding descriptions, showing how the tactors are spaced apart from one another);
the second elastic member presses each connected support member against a body part when it is wrapped around a body part (Figs. 1A-3B, and corresponding descriptions, [0034], “the structure of each EC haptic tactor 110 is configured to allow for the application of accurate and precise localized haptic responses on a user's skin”); and
the third support member and the fourth support member each comprises an incorporating means for incorporating a haptic device ([0034], “The EC haptic tactors 110 generate haptic responses (e.g., tactile pressure and/or vibrations) responsive to respective voltages applied to the EC haptic tactors 110.”);
a third binding ([0224], smart textile-based garment 1600) comprising:
a third elastic member (garment component 1604) that is wrappable around a body part ([0229], “a glove are made from flexible materials that do not impede free movement of the wearer's hand and fingers”); and
a fifth support member (haptic assemblies 1662) connected to the third elastic member ([0229], “one or more haptic assemblies 1662 incorporated into a glove are made from flexible materials that do not impede free movement of the wearer's hand and fingers”);
wherein:
the third elastic member is positioned in-between the first elastic member and the second elastic member ([0230], “a user can wear a pair of gloves (e.g., a first type of smart textile-based garment 1600), wear a haptics component of a wrist-wearable device 1300 (FIGS. 13A-13B), wear a headband (e.g., a second type of smart textile-based garment 1600), hold an HIPD 1500, etc.”);
the third elastic member presses each connected support member against a body part when it is wrapped around a body part ([0230], “the haptic assemblies 1662 are configured to provide haptic simulations to a wearer of the smart textile-based garments 1600. The garment 1604 of each smart textile-based garment 1600 can be one of various articles of clothing (e.g., gloves, socks, shirts, pants, etc.). Thus, a user may wear multiple smart textile-based garments 1600 that are each configured to provide haptic stimulations to respective parts of the body where the smart textile-based garments 1600 are being worn”); and the fifth support member comprises an incorporating means for incorporating a haptic device ([0228], “the haptic assemblies 1662 described can transition between a first pressurized state and a second pressurized state to provide haptic feedback to the user.”);
a first spacer (wired connection 370) connected to the first support member of the first binding and the third support member of the second binding (Figs. 3C-4A, and corresponding descriptions, showing the wired connection connects the wrist-wearable device and the finger wearable device); and
a second spacer (wired connection 370, connecting to a second finger) connected to the second support member of the first binding and the fourth support member of the second binding (Figs. 3C-4A, and corresponding descriptions, showing the wired connection connects the wrist-wearable device and the finger wearable device);
wherein:
the first spacer and the second spacer collectively establish a fixed distance between the first binding and the second binding when the first and second bindings are wrapped around a body part (Figs. 3C-4A, and corresponding descriptions, showing the wired connection is a fixed distance between the wrist-wearable device and the finger wearable device);
due to the support member spacing in the first binding and the second binding, a gap is defined between the first spacer and the second spacer (Figs. 3C-4A, and corresponding descriptions, showing a space between the wrist-wearable device and the finger wearable device); and
the fifth support member is positioned in the gap between the first spacer and the second spacer (Figs. 3C-4A and 12A-13A, and corresponding descriptions, showing the haptic assemblies are located on the glove between the wired connections between the fingers).
Regarding Claim 17, Agarwal teaches the apparatus of claim 16, further comprising:
a third spacer (wired connection 370) connected to the first support member and the fifth support member (Figs. 3C-4A, and corresponding descriptions, showing the wired connection connects the wrist-wearable device and the finger wearable device); and
a fourth spacer (wired connection 370, connecting to a second finger) connected to the second support member and the fifth support member (Figs. 3C-4A, and corresponding descriptions, showing the wired connection connects the wrist-wearable device and the finger wearable device);
wherein the third spacer and the fourth spacer collectively establish a fixed distance between the first binding and the third binding when the first and third bindings are wrapped around a body part (Figs. 3C-4A, and corresponding descriptions, showing the wired connection is a fixed distance between the wrist-wearable device and the finger wearable device).
Regarding Claim 18, Agarwal teaches the apparatus of claim 16, wherein:
the third elastic member wraps around the first spacer and the second spacer (Figs. 3C-4A and 12A-13A, and corresponding descriptions, showing the glove wraps around the wired connections).
Regarding Claim 19, Agarwal teaches a wearable apparatus for producing haptic stimuli ([0061], [0234]), the apparatus comprising:
the apparatus of claim 16 (See Rejection of Claim 16 above); and
a haptic device (EC haptic tactor 110) incorporated with at least one support member of the apparatus of claim 16 (See Rejection of Claim 16 above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN T REED whose telephone number is (571)272-7234. The examiner can normally be reached M-F: 0800-1800.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at 571-272-7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEPHEN T. REED
Primary Examiner
Art Unit 2627
/Stephen T. Reed/Primary Examiner, Art Unit 2627