DETAILED ACTION
Claim Rejections - 35 USC § 102
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)(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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lake (US 2014/0240103).
Regarding claim 1, Lake discloses a computer-implemented method, comprising:
receiving signal data (see EMG signals in para. 70, 54 and fig. 2B) from at least one neuromuscular sensor (230, fig. 2A) in contact with a user's body (see fig. 1) in response to a gesture performed by the user (Abstract and para. 66), wherein the received signal data is representative of a plurality of neuromuscular signals associated with a plurality of biological structures (see Abstract and para. 66, 76; wherein fingers and corresponding muscles used to move the fingers are biological structures);
separating the received signal data into a plurality of data channels (see para. 79 and fig. 2; wherein each sensor 230 has a corresponding channel for sending signals), wherein each data channel is associated with a respective one of the plurality of the biological structures (para. 79 and fig. 2A; wherein e.g. each sensor 230 and corresponding channel is associated with a particular finger); and
controlling a device based, at least in part, on one or more of the plurality of data channels (para. 75-76; wherein the determined gesture results in input for the device).
Regarding claim 2, Lake discloses further comprising determining an activation of a first biological structure (index finger in para. 79) from among the plurality of biological structures based, at least in part, on the data channel associated with the first biological structure (para. 79, 76; wherein one signal from one sensor determines which finger made a gesture for input).
Regarding claim 3, Lake discloses further comprising:
generating a control signal based, at least in part, on the determined activation of the first biological structure (para. 75-76); and
controlling the at least one device based, at least in part, on the control signal (para. 75-76).
Regarding claim 4, Lake discloses further comprising determining a pattern of activation from the received signal data, wherein the control signal is further generated based, at least in part, on the determined pattern of activation (para. 79; wherein signals from sensor are processed in sequence to determine a pattern of a particular gesture).
Regarding claim 5, Lake discloses further comprising determining an activation of a second biological structure (finger other than the index finger in para. 80) from among the plurality of biological structures based, at least in part, on the data channel associated with the second biological structure (para. 79, 80).
Regarding claim 6, Lake discloses generating a control signal based, at least in part, on the determined activation of the first biological structure and the second biological structure (para. 75-76, 80); and
controlling the at least one device based, at least in part, on the control signal (para. 75-76, 80).
Regarding claim 7, Lake discloses further comprising identifying an associated biological structure (index finger in para. 79) for at least one of the plurality of neuromuscular signals, such that the at least one device is controlled based, at least in part, on a neuromuscular signal generated by the associated biological structure (para. 79, 76).
Regarding claim 8, Lake discloses wherein the associated biological structure is a muscle (para. 76, 79; wherein muscles of the forearms move the fingers).
Regarding claim 9, Lake discloses wherein the signal data are separated into a plurality of data channels based, at least in part, on signal waveform shape or signal amplitude (para. 97-98).
Regarding claim 10, Lake discloses further comprising receiving a signal from at least one inertial measurement unit (260, fig. 2), in response to the gesture, simultaneously with the signal data (para. 73, 75).
Regarding claim 11, Lake discloses wherein the at least one neuromuscular sensor is disposed on a wristband configured to be worn on a wrist of the user (para .9).
Regarding claim 12, Lake discloses wherein the device comprises a display (310, fig. 4), and controlling the device comprises controlling an operation of the display (para. 75-76).
Claim 13 is rejected for the same reasons as stated for claims 1 and 11. See above rejections.
Claims 14-18 are rejected for the same reasons stated for claims 2-6, respectively. See above rejections.
Claim 19 is rejected for the same reasons as claim 11. See above rejection.
Claim 20 is rejected for the same reasons as claim 1. See above rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBIN J MISHLER whose telephone number is (571)270-7251. The examiner can normally be reached 8:00-5:00 M-F.
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, NITIN PATEL can be reached at (571)272-7677. 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.
/ROBIN J MISHLER/ Primary Examiner, Art Unit 2628