DETAILED ACTION
Claim 1 filed March 6th 2025 is 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 .
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.
Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,265,661. Although the claims at issue are not identical, they are not patentably distinct from each other because the current claim 1 is broader and overlapping in scope with claim 1 in the ‘661 patent.
Current application
U.S. Patent No. 12,265,661
1. A human computer interaction device, comprising: a sensing platform comprising at least one inner zone and an outer zone, the sensing platform configured to provide control inputs to a computing device in response to detecting movement of a foot of a user on the sensing platform; and the sensing platform configured to provide haptic feedback to the user in response to the detected movement, the haptic feedback provided via the at least one inner zone, the outer zone or a combination thereof.
1. A human computer interaction device, comprising: a sensing platform comprising at least one inner zone configured for foot detection within the at least one inner zone and an outer zone configured for foot detection within the outer zone, the sensing platform configured to provide control inputs to a computing device in response to detecting movement of a foot of a user on the sensing platform, the control inputs controlling user action within a virtual reality (VR) space; and the sensing platform configured to provide continual haptic feedback to the user in response to the detected movement and virtual features within the VR space, the continual haptic feedback provided via the at least one inner zone, the outer zone or a combination thereof relative to user movement and position within the VR space to accentuate the user action within the VR space.
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.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwarz et al. (US2019/0302879)
Consider claim 1, where A human computer interaction device (See Schwarz Fig. 1, 9 where there is a virtual reality mat 130/992) , comprising: a sensing platform comprising at least one inner zone and an outer zone, the sensing platform configured to provide control inputs to a computing device in response to detecting movement of a foot of a user on the sensing platform; (See Schwarz Fig. 1 and ¶13, 27, 37 where a virtual reality mat may include a plurality of spatially distributed pressure sensors integrated into the mat to detect a physical pressure or force applied to an activity surface of the mat. Mat 130 may include one or more sub-regions, such as an interior region 132, a surrounding region 134, a central region 136.) and the sensing platform configured to provide haptic feedback to the user in response to the detected movement, the haptic feedback provided via the at least one inner zone, the outer zone or a combination thereof. (See Schwarz Fig. 9 and ¶9, 13, 65 where vibration devices 994 may be individually operated by computing device 910, for example, to provide haptic feedback to a user at particular locations across an activity surface of mat 992, or selected set of the plurality of vibration devices may be operated in concert to provide haptic feedback to the user in varying intensity. Mat 130 may include one or more sub-regions, such as an interior region 132, a surrounding region 134, a central region 136. A notification may inform the user that she or he is approaching a boundary of the activity region)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM LU whose telephone number is (571)270-1809. The examiner can normally be reached 10am-6:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Eason can be reached at 571-270-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
WILLIAM LU
Primary Examiner
Art Unit 2624
/WILLIAM LU/Primary Examiner, Art Unit 2624