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 .
DETAILED ACTION
Response to Amendment
Applicant’s amendment filed August 16, 2026. Claims 1-6, 12-17, 24-27, 35, 39 and 46-48 have been presented for examination. Applicant’s amendment has been fully considered and entered.
Claim Rejections - 35 USC § 103
2. 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.
3. 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.
4. Claims 1-6, 12-17, 35, and 39 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 Partovi (US 20090096413 A1).
Regarding claim 1, Rast discloses a toy 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 toy device), 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. The ball shape may be similar to cricket, baseball, basketball, football, soccer, tennis, rugby, golf, or volleyball play ball” and [087] device 10 is shaped as a ball or any other toy -like structure. Such a ball can be used in any ball game, such as dribbling, kicking, catching and other) comprising:
a motion sensor configured to produce a first output signal that is responsive to a motion of the toy 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 first sensor configured to produce a second output signal responsive to a physical phenomenon (para 39, generating audio feedback in response to the impact intensity being registered within the striking impacts (i.e. physical phenomenon), para 114, multiple sensors are connected to the unit, para 168, physical metrics being communicated by audio: sensitivity of acceleration sensing, "glitch detection, para 181, sensors utilizing piezo electric material have been incorporated into tennis racquets to generate electricity in response to flexure (i.e. physical phenomenon), para 38, impact intensity sensors, such as accelerometer, to register information about received blows, such as impact power, para 265, sensors mapping impacts to sound outputs, para 324, The output of acceleration sensors 104 is conditioned for use within the device within a conditioning circuit 106, and scaled such as by a scale input, or fullscale setting based on range of acceleration, para 299, device emits human sound, such as moans, groans, and even screams, in response to the intensity of impacts and device generate voiced audio, such as verbal banter, from device (i.e. output signal));
an audible signaling component configured to emit an audible sound (para 299, device emits sound in response to the intensity of the impacts and generate voiced audio, para 05, generates audio in response to strike to patterns of motion, para 328, input from the detection circuit 110 to control the activity of audio output so as to eliminate buzz and values of accelerations);
a wireless receiver configured to receive data from a wireless network (para 311, unit generate acceleration or other impact information which is communicated to one or more remote (wired, or wireless) units that provide audio feedback, para 322, audio output device as a receiver unit 50 having a housing 52 and device 54, such as an earpiece, headset, or similar, coupled to the unit by wireless communication);
a rechargeable battery configured to power the motion sensor, the first sensor, the light emitter, and the wireless receiver (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, para 143, unit that may be powered from a battery, or similar portable power source, para 309, powered by an internal source or by received RF or inductive power (i.e., contactless charging));
a portable enclosure configured to house the motion sensor, the first sensor, the light emitter, audible signaling component, the battery charger, and the wireless receiver (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, para 150, small portable electronic device such as a golf, tennis, baseball, and so forth include all components),
wherein the toy device further comprising one or more processors programmed with computer program instructions that, when executed, cause the toy device (claim 52, computer circuit receiving inputs from acceleration sensing means, and 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) to:
activate or control the audible signaling component to emit the audible sound in response to the first output signal, or in response to the second output signal (para 05, apparatus generates audio in response to detected motion, para 312, Microcontroller 114 generates audio output based on activation for acceleration and impact, para 343, device generates audio representation as detected using acceleration sensing, para 101, audio response triggers (i.e activate), para 76, 79, controls audio activated, wherein trigger sounds from unit controller, para 343-344, device generates audio representation as detected using acceleration sensing and generate audio output).
Even though Rast discloses induction-based contactless charging, the rechargeable battery, by a battery charger in the device that comprises, or consists of, an induction coil for inductively receiving the power carried in an electromagnetic field [174, 117, 240], Rast more specifically fails to disclose a toy device;
a light emitter configured to visually display information;
a battery charger that comprises an induction coil for inductively receiving AC power carried in an electromagnetic field, the battery charger is configured to induction-based contactless charge of the rechargeable battery from the received AC power; and
activate or control the light emitter in response to the received data; and
activate or control the light emitter to emit light or display information in response to the first output signal, or in response to the second output signal.
In analogous art, Molinaroli 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);
a light emitter configured to visually display information (Abstract, device and method for displaying images, controlling lights and motion sensors which enable display device, microprocessor turns light emitters on and off to display graphic, col. 1, lines 5-10, method for forming and displaying images, that graphics, text, or other images are displayed and to be viewed by humans, col. 24, lines 60-67, display device programming, or visually displaying to a user through use of a Personal Computer);
a battery charger that comprises an induction coil for inductively receiving AC power carried in an electromagnetic field, the battery charger is configured to induction-based contactless charge of the rechargeable battery from the received AC power (col. 10, lines 58-62, display devices with housings in the shape of game ball or baseball, and other types of items sold at sports matches or toys, col. 19, lines 60-65, Fig. 25, display on toy, frisbees, game balls, that activate display, 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)); and
activate or control the light emitter in response to the received data (col. 6, lines 12-28, push button 55 when pushed which inputs to activated when device is swung back and forth (i.e. in response to received data), col. 1, lines 59-62, light emitters being under direct control of microprocessors, claim 1, sensors enables microprocessor to turns light emitters on and off in a time-controlled manner (i.e, activate), 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); and
activate or control the light emitter to emit light or display information in response to the first output signal, or in response to the second output signal (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 second sensor is activated (i.e. activate 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 generates audio in response to patterns of motion, and a strength training apparatus that generates tactile, visual, and audio feedback in response to workout disclosed by Rast to use game device to adapt signal from motor to processor giving position information as taught by Molinaroli to enable viewing of the graphics in order that graphics, words or messages are displayed when display device is moved at or above a rate of speed sufficient to be viewed by humans. [Molinaroli, col. 1, lines 5-13].
Even though Molinaroli discloses device powered by 120V AC (i.e., AC power) [col. 16, lines 33-40], Partovi additionally discloses toys or batteries inside allow recharging with a much simpler method. [163] and inductive or wire free charger or power supply into a case for an electronic device, charging circuitry can be powered by plugging into an outlet power (i.e., AC power) and powered through an outlet directly by wires or wirelessly through an inductive or wire free charging system [0442] and power input from an electrical outlet (i.e., AC Power)[ 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 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 Molinaroli to use device for inductive power charging that includes an internal battery, rechargeable battery power input from an electrical outlet so that users continue to charge devices properly [Partovi, para 437].
Regarding claim 2, Rast fails to disclose the toy device according to claim 1, wherein the light emitter comprises, or is based on, semiconductor components.
Molinaroli disclose the toy device according to claim 1, wherein the light emitter comprises, or is based on, semiconductor components (Abstract, device displaying images includes: electrically powered light emitters, col. 3, lines 55-67, display microprocessor or control circuit, display PC board to one or more batteries 15. Sensors such as switches 16 (in FIG. 2), switches 17 (in FIG. 5), photosensors 18 (in FIG. 17), microprocessor 13 to establish direction of movement and enable display).
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 for displaying images includes: electrically powered light emitters in one or more rows that can be moved in a path generally perpendicular with the row of lights; a microprocessor(s) controlling the lights and motion or speed sensors which enable display device to display graphics, words or messages [Molinaroli, Abstract].
Regarding claim 3, Rast discloses the toy device according to claim 2, wherein the light emitter comprises one or more Light Emitting Diodes (LEDs) (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 4, Rast fails to disclose the toy device according to claim 3, wherein each of the one or more LEDs is a multi-color LED operative to illuminate in multiple colors.
In analogous art, Molinaroli discloses the toy device according to claim 3, wherein each of the one or more LEDs is a multi-color LED operative to illuminate in multiple colors (col. 3, lines 40-50, display comprises a plurality of lights, preferably a plurality of light emitting diodes (LEDs) 12 in rows, under direct control of a microprocessor 13. "LED" is meant light emitting diode, col. 4, lines 14-19, FIG. 2, multi color LEDs 12 are preferred to allow more colorful displays).
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 allow the display to give illusion of alpha-numeric characters, and/or two- or three-dimensional (2-D, 3-D) shapes and enable direct or indirect viewing of the graphics in order that graphics, words or messages are displayed when 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 toy device according to claim 2, wherein the light emitter comprises, is part of, or is based on, Liquid Crystal Display (LCD), Thin-Film Transistor (TFT), or Field Emission Display (FED) (para 228, displays may be utilized, such as LCD, LED, Electronic ink, plasma, analog, and so forth).
Regarding claim 6, Rast discloses the toy device according to claim 1, wherein the light emitter comprises a video display that is configured for displaying video content (para 329, optionally shown coupled through a video interface 150 for output to a video).
Regarding claim 12, Rast discloses the device according to claim 1, wherein the accelerometer comprises, consists of, or uses, a piezoelectric, piezoresistive, capacitive, Micro-mechanical Electrical Systems (MEMS), or electromechanical accelerometer (para 181, sensors utilizing piezo electric material have been incorporated into tennis racquets to generate electricity in response to flexure, para 346, impact power device 418, such as piezo-electric is shown which can register impact force, para 38, mpact intensity sensor, such as accelerometer).
Regarding claim 13, Rast discloses the toy device according to claim 12, wherein the first output signal is responsive to a magnitude of, or a direction of, a device motion or acceleration, and wherein the motion sensor is a single-axis, a 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 14, Rast discloses the toy device according to claim 1, wherein the enclosure is ball-shaped (para 08, devices comprise in many cases density, shape).
Regarding claim 15, Rast discloses the toy device according to claim 14, wherein the enclosure is configured, dimensioned, formed, or structured, as a game ball that is a cricket ball, baseball, basketball, football, soccer ball, tennis ball, rugby ball, golf ball, or volleyball ball (para 11, sports that use golf, tennis, a baseball , and so forth, para 14, devices in "grooving" golf, tennis, baseball , and other swing related sports).
Regarding claim 16, Rast fails to disclose the toy device according to claim 1, wherein the enclosure is configured, dimensioned, formed, or structured as a toy for an amusement of a person or a pet.
In analogous art, Molinaroli discloses the toy device according to claim 1, wherein the enclosure is configured, dimensioned, formed, or structured as a toy for an amusement of a person or a pet (col. 10, lines 58-62, devices with housings in shape of game ball or children's toys, col. 25, lines 59-col. 26, lines 1-20, device comprise: wrist or ankle band, or a child's toy; or motorized, non-motorized, or radio controlled toy car).
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 incorporated within design of any striking unit to provide impact and workout feedback 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 shape of game ball, baseball, and items sold at sports matches. [Molinaroli, col. 25, lines 59].
Regarding claim 17, Rast discloses the toy device according to claim 1, wherein the enclosure is dimensioned and shaped as a handheld unit (para 150, small portable electronic device which are in hands of an athlete or associated sports equipment, such as a golf, tennis, baseball, and so forth).
Molinaroli discloses display pen works very similar to the handheld units (ball is small enough (i. e., handheld unit) to be kicked by player [col. 10, lines 58-63]).
Regarding claim 35, Rast discloses the toy device according to claim 1, further comprising, in the enclosure, a battery compartment that is mechanically secured to the enclosure and configured to house the rechargeable battery (Fig. 10, 18, para 117, Powered by a battery or similar portable power source, para 340, unit operated from a single battery, such as a coin cell, or AAA battery, although any power source may be utilized such as capacitive power, solar power, fuel cell power, and the like, claim 10, housing for retaining computer processing element for device and containing a power source for impact sensor and computer processing element).
Regarding claim 39, Rast discloses the toy device according to claim 1, further comprising, in the enclosure, a controlled switch configured to switch, in response to the first output signal, DC power from the rechargeable battery to a component (para 117, Powered by a battery or similar portable power source, para 340, unit operated from a single battery, such as a coin cell, or AAA battery, although any power source may be utilized such as capacitive power, solar power, fuel cell power, and the like).
5. Claims 24-27 and 46-48 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 Partovi (US 20090096413 A1) and further in view of Touma (US 9900669 B2).
Regarding claim 24, Rast discloses the toy device according to claim 1, wherein the wireless network comprises a Wireless Personal Area Network (WPAN) (Fig. 18, para 324, acceleration data after conditioning may be communicated directly, or via a communication protocol 108 such as via Wireless communication pathway, para 348, RF output 512 allows remote control of the unit).
Molinaroli also discloses communication device being a radio frequency (RF) device, infrared (IR) device, serial device digital signal processor (DSP) communication device, (ISP), or X-10 communication device [col. 25, lines 1-10].
Touma discloses Bluetooth Low-Energy (BLE), 6Lo WPAN (IPv6 over Low Power Wireless Personal Area Networks), low power and low-cost wireless networks. i. LoRaWAN, is similar in some respects to Sigfox and Neul. LoRaWAN targets wide-area network (WAN) applications and is designed to provide low-power WANs (wide area networks) [col, 19, lines 1-32].
Regarding claim 25, Rast discloses the toy device according to claim 24, wherein the WPAN uses Bluetooth protocol that is according to, or compatible with, IEEE 802.15.1 standard (Fig. 18, para 324, acceleration data after conditioning may be communicated directly, or via a communication protocol 108 such as via Wireless communication pathway, para 348, RF output 512 allows remote control of the unit).
Molinaroli also discloses communication device being a radio frequency (RF) device, infrared (IR) device, serial device (RS 232, RS 485, or RS 422 communication standards), parallel device, USB, digital signal processor (DSP) communication device, Internet Service Provider (ISP), or X-10 communication device [col. 25, lines 1-10].
Touma discloses Bluetooth Low-Energy (BLE), 6Lo WPAN (IPv6 over Low Power Wireless Personal Area Networks), low power and low-cost wireless networks. i. LoRaWAN, is similar in some respects to Sigfox and Neul. LoRaWAN targets wide-area network (WAN) applications and is designed to provide low-power WANs (wide area networks) [col, 19, lines 1-32].
Regarding claim 26, Rast discloses the toy device according to claim 1, wherein the wireless network is a Wireless Local Area Network (WLAN) (Fig. 18, para 324, acceleration data after conditioning may be communicated directly, or via a communication protocol 108 such as via Wireless communication pathway, para 348, RF output 512 allows remote control of the unit).
Molinaroli also discloses communication device being a radio frequency (RF) device, infrared (IR) device, serial device (RS 232, RS 485, or RS 422 communication standards), parallel device, USB, digital signal processor (DSP) communication device, Internet Service Provider (ISP), or X-10 communication device [col. 25, lines 1-10].
Touma discloses Bluetooth Low-Energy (BLE), 6Lo WPAN (IPv6 over Low Power Wireless Personal Area Networks), low power and low-cost wireless networks. i. LoRaWAN, is similar in some respects to Sigfox and Neul. LoRaWAN targets wide-area network (WAN) applications and is designed to provide low-power WANs (wide area networks) [col, 19, lines 1-32].
Regarding claim 27, Rast discloses the toy device according to claim 26, wherein the WLAN is according to, or compatible with, IEEE 802.11 standard (Fig. 18, para 324, acceleration data after conditioning may be communicated directly, or via a communication protocol 108 such as via Wireless communication pathway, para 348, RF output 512 allows remote control of the unit).
Molinaroli also discloses communication device being a radio frequency (RF) device, infrared (IR) device, serial device (RS 232, RS 485, or RS 422 communication standards), parallel device, USB, digital signal processor (DSP) communication device, Internet Service Provider (ISP), or X-10 communication device [col. 25, lines 1-10].
Touma discloses Bluetooth Low-Energy (BLE), 6Lo WPAN (IPv6 over Low Power Wireless Personal Area Networks), low power and low-cost wireless networks. i. LoRaWAN, is similar in some respects to Sigfox and Neul. LoRaWAN targets wide-area network (WAN) applications and is designed to provide low-power WANs (wide area networks) [col, 19, lines 1-32] and use the IEEE 802.11a, 802.11b, 802.11g, 802.11n, and 802.11ac standards. The IEEE 802.11 ah implementation (White-Fi or Super WiFi) is also highly suitable for longer-range transmission [col. 16, lines 57-67].
Regarding claim 46, Rast and Molinaroli and Partovi fails to disclose a system comprising the toy device of claim 1 and a portable electronic device, wherein the device further comprising communicating, by a modem in the enclosure that is coupled to the one or more processors, with the portable electronic device, over the wireless network.
In analogous art, Touma discloses a system comprising the toy device of claim 1 and a portable electronic device, wherein the device further comprising communicating, by a modem in the enclosure that is coupled to the one or more processors, with the portable electronic device, over the wireless network (col. 19, lines 55-62, network topology, cellular data modem 553 that is located in the beacon can move data directly to the cloud server 502 using an internet protocol over the cellular network, modems that communicate with each other or with the beacon(s) 505).
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 Partovi to use game device to adapt signal from motor to processor giving position information as taught by Touma to use position tracking beacon, environmental sensing hub between sensor hub and the local server receive data from sensor hub via one of long-range protocols [Touma, col. 19, lines 34-49].
Regarding claim 47, Rast discloses the system according to claim 46, for use with the portable electronic device (para 16, device that is portable and inexpensive, para 306, device connected to audio output, and/or to a computerized device, such as a PC, laptop, PDA, and so forth).
Regarding claim 48, Rast discloses the system according to claim 47, wherein the portable electronic device comprises a notebook computer, a laptop computer, a media player, a cellular telephone, a Personal Digital Assistant (PDA), a digital camera, a video recorder, or any combination thereof (para 306, device connected to audio output, to a computerized device, PC, laptop, PDA, and so forth, para 305, present invention implemented to use a PDA, computer, laptop computer, or other device).
Response to Arguments
6. Applicant's arguments filed August 16, 2026, have been fully considered but they are not persuasive.
On page 9, line 10, and lines 19-26, and page 10, line 8, and page 11, line 11, and page 12, line 4 and line 25, the applicant argues that improper or unclear or piecemeal combination of the Rast (US 20030216228 A1) and Molinaroli (US Pat 6265984 B1) and Partovi (US 20090096413 A1) references(s)- Non-Analogous Art and no teaching of limitations as claimed.
The examiner respectfully disagrees and points out that the when considering analogous references, we must look not only into the field of endeavor, but also into the purpose or problem addressed.
The instant application is directed not just to toy or any other amusing device including a motion sensor and an annunciator but how to incorporate a device for signaling in response to a sensed motion which may be housed in a single enclosure, and may include an accelerometer for sensing the device acceleration, and a controller coupled between the accelerometer and the annunciator for activating or controlling the annunciator in response to the sensed device.
Rast (US 20030216228 A1)) teaches ball transmit information about impact acceleration, rolling status, and so forth [175], and 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 toy device) [150] and a device providing an audio output in response to impacts registered thereupon, comprising: a striking input member adapted for receiving blows from a user sparring against said striking input member; an impact sensor coupled to said striking input member to register the impact force imparted by said user to said strking input member; and means for converting the registered impact force to an audio output which represents the intensity of the impact ( [Abstract, Claim 1] of Rast (US 20030216228 A1)) and a ball that generate smoke and give off sound when thrown to provide the experience of throwing or catching a super-fast ball or other type missile and ball to an atomizer for spraying the solution onto the heating element, whereupon smoke is generated in the smoke chamber [Abstract, [03]) of Molinaroli (US Pat 6265984 B1) teaches toy device, 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 [col. 10, lines 58-61] and toy devices with housings in the shape of game ball or baseball, and other types of items sold at sports matches or toys [col. 10, lines 58-62] and , power connector for connection to outside power source comprises battery, electrically induced power device [col. 24, lines 24-30] and, electromagnetic energy induced through coils, where coil will induce AC power for charging [col. 14, lines 35-37] and, device to power, rechargeable batteries used or, electromagnetically induced power through energized, electrically wound coils to induced power [col. 8, lines 7-12] and , device powered by 120V AC (i.e., AC power) [col. 16, lines 33-40], and
Partovi (US 20090096413 A1) teaches batteries inside device allow recharging [163] and inductive or wire free charger or power supply into a case for an electronic device, charging circuitry can be powered by plugging into an outlet power (i.e., AC power) and powered through an outlet directly by wires or wirelessly through an inductive or wire free charging system [0442] and power input from an electrical outlet (i.e., AC Power)[ 437] are pertinent to the claimed invention and thus deemed analogous to the claimed invention.
Additionally toy or other amusing device with motion sensing and annunciator responding to the sensed motion [Abstract] of Rast) and an impact sensor coupled to said striking input member to register the impact force imparted by said user to input member; and means for converting the registered impact force to an audio output which represents the intensity of the impact. of Rast (US 20030216228 A1) and Molinaroli (US Pat 6265984 B1) teaches toy device, 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 [col. 10, lines 58-61] and toy devices with housings in the shape of game ball or baseball, and other types of items sold at sports matches or toys [col. 10, lines 58-62] and Touma (US 9900669 B2) teaches as in FIG. 7 shows a wireless motion sensor system used in American football and
sports games devices (include baseball, golf club, tennis racket, skateboard, skis, luge, running, cycling, football, soccer, basketball, etc.[col. 5, lines 15-20] and device use the IEEE 802.11a, 802.11b, 802.11g, 802.11n, and 802.11ac standards. The IEEE 802.11 ah implementation (White-Fi or Super WiFi) is also highly suitable for longer-range transmission [col. 16, lines 57-67].
When considering analogousness of references, we must look not only into the field of endeavor, but also into the purpose or problem addressed. The instant application is directed not just to game ball that includes detector located within a ball housing, but how to incorporate hand motion sensing device worn on the hand of the user and providing control commands from the motion sensing device to the processor as command instructions and recharge device and communicate with remote system.
Therefore, a toy or other amusing device with motion sensing and including hand motion sensing device worn on the hand of the user, and providing control commands are pertinent to the claimed invention and thus deemed analogous to the claimed invention.
On page 12, lines 13-14, and page 13, line 6-7, and page 17, lines 29-20, the applicant argues that improper rational for combining of the Rast (US 20030216228 A1) and Molinaroli (US Pat 6265984 B1) and Partovi (US 20090096413 A1) references(s).
The examiner respectfully disagrees and points out that there is enough objective reason to combine the reference of Rast (US 20030216228 A1) and Molinaroli (US Pat 6265984 B1) and Partovi (US 20090096413 A1) and Touma (US 9900669 B2) to establish obviousness as Rast (US 20030216228 A1) teaches device used to provides audio feedback in response to the force of impact and the simulated "damage" incurred by a user on said sparring unit for a given session, comprising: an impact sensor adapted for registering the force of impacts during sparring;, generating appropriate humanlike sounds according to the force of the impact registered and the accrued damage; a housing for retaining said computer processing element adapted for attachment to a striking device and containing a power source for impact sensor and computer processing element ( [020, 045] and a ball that generate smoke and give off sound when thrown to provide the experience of throwing or catching a super-fast ball or other type missile and ball to an atomizer for spraying the solution onto the heating element, whereupon smoke is generated in the smoke chamber [Abstract, [03]) and
Molinaroli teaches toy device, 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 [col. 10, lines 58-61] and display device programming, or visually displaying to a user through use of a Personal Computer [col. 24, lines 60-67], and display devices with housings in the shape of game ball or baseball, and other types of items sold at sports matches or toys [col. 10, lines 58-62], and, as in Fig. 25, display on toy, frisbees, game balls, that activate display [col. 19, lines 60-65] and, power connector for connection to outside power source comprises battery, electrically induced power device [col. 24, lines 24-30] and, electromagnetic energy induced through coils, where coil will induce AC power for charging [col. 14, lines 35-37] and, to power, rechargeable batteries used or, electromagnetically induced power through energized, electrically wound coils to induced power [col. 8, lines 7-12] and, device powered by 120V AC (i.e., AC power) [col. 16, lines 33-40], and
Partovi teaches toys or batteries inside allow recharging with a much simpler method. [163] and inductive or wire free charger or power supply into a case for an electronic device, charging circuitry can be powered by plugging into an outlet power (i.e., AC power) and powered through an outlet directly by wires or wirelessly through an inductive or wire free charging system [0442] and power input from an electrical outlet (i.e., AC Power)[ 437], which is same as Applicant’s invention as to device includes a signaling means and a motion sensor, and logic for activating or controlling the signaling means in response to a sensed motion according to logic where device may be used as a toy, and may be shaped like a play ball or as a handheld unit activate or control the signaling means, and in response to sensed acceleration magnitude or direction, and displaying a value associated with the count of number of times threshold exceeded or peak magnitude of acceleration sensed (Applicant’s Abstract).
Motivation to combine the teaching of Rast (US 20030216228 A1) and Molinaroli (US Pat 6265984 B1) and Partovi (US 20090096413 A1) are sufficient to establish obviousness as we must look not only into the field of endeavor, but also into the purpose or problem addressed. The instant application is directed not just to game ball that includes detector located within a ball housing but how to incorporate interactive user device through which a user views a Surrounding environment and a ball that generate smoke and give off sound when thrown to provide the experience of throwing or catching a super-fast ball or other type missile and ball to an atomizer for spraying the solution onto the heating element, whereupon smoke is generated in the smoke chamber.
Therefore, Motivation to combine the teaching of Rast (US 20030216228 A1) and Molinaroli (US Pat 6265984 B1) and Partovi (US 20090096413 A1) are pertinent to the claimed invention and thus is sufficient to establish obviousness to the claimed invention.
Thus, Rast (US 20030216228 A1) and Molinaroli (US Pat 6265984 B1) and Partovi (US 20090096413 A1) and Touma (US 9900669 B2) disclose the applicant's whole invention.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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 normally be reached on 8:00AM-5:00PM.
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.
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/MIRZA F ALAM/Primary Examiner, Art Unit 2688
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